Revised Council Meeting Agenda
Revised items are identified by an asterisk (*)

Meeting Number: 12

Wednesday, April 19, 2023 at 1:00 P.m. - 4:30 P.m.

Live streamed

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging the traditional territories of Indigenous peoples and their commitment to stewardship of the land. We acknowledge the communities in circle. The North, West, South and Eastern directions, and Haudenosaunee, Huron- Wendat, Anishnabeg, Seneca, Chippewa, and the Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - APRIL 5, 2023

• 1. That the Minutes of the Council Meeting held on April 5, 2023, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

9-2023 SPECIAL OCCASION PERMIT - SIPS & SONGS: OUTDOOR SUMMER CONCERT SERIES (WARD 4) (3.21)

Requesting an approval from the City of Markham to designate the Sips & Songs: Outdoor Summer Concert Series being held at 8 Main Street N, Markham as an event of Municipal Significance. The City of Markham's designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support Rouge River Brewery's application of a Special Occasion Liquor Permit to be utilized thus deeming the occasion of Municipal Significance. 
The Sips & Songs: Outdoor Summer Concert Series will be held on:

• Friday, June 16, 2023 from 5:00 pm to 9:00 pm
• Saturday, June 17, 2023 from 3:00 pm to 9:00 pm
• Sunday, June 25, 2023 from 1:00 pm to 4:00 pm
• Friday, July 30, 2023 from 1:00 pm to 4:00 pm
• Sunday, August 27, 2023 from 1:00 pm to 4:00 pm
• Sunday, September 24, 2023 from 1:00 pm to 4:00 pm

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

• 1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Earth Day - April 23, 2023
     2. Earth Month - April, 2023
     3. The Longest Day of Smiles - June 18, 2023.
  2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. "Light it up Green" for May, Lyme Disease Awareness Month (Lyme Ontario) - May, 2023

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 15 GENERAL COMMITTEE (APRIL 11, 2023)

Please refer to your April 11, 2023 General Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 2):

8.1.1

THORNLEA POOL RESTORATION (3.0)

D. Honsberger, Ext. 2331

• 1. That the report entitled “Thornlea Pool - Tank Repair and Tile Replacement” be received; and,
  2. That the existing Thornlea Pool Restoration project 070-6150-21208-005 be increased to allow for the pool tank repair and tile replacement in the amount of $703,396 inclusive of contingency and HST impact, funded from the Lifecycle Replacement Reserve; and,
  3. That the applicable Director and the Sr. Manager of Procurement & Accounts Payable be authorized to undertake negotiations with the current onsite contractor Canada Construction Ltd. to attain a fair cost and to expedite the procurement process; and,
  4. That the applicable Director and the Sr. Manager of Procurement & Accounts Payable be authorized to award the contract once negotiations have been finalized and the award is in the best interest of the City; and,
  5. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (c) which states “when the extension of an existing Contract would prove more cost-effective or beneficial” and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

DECEMBER 2022 YEAR-TO-DATE RESULTS OF OPERATIONS (7.0)

J. Pak, ext. 2514

• 1. That the report titled “2022 Year-End Review of Operations” be received; and, 
  2. That the City’s 2022 net operations favourable variance of $2.91M be transferred to the Life Cycle Capital Replacement and Capital Reserve Fund, as per the approved Financial Planning and Budgeting Policy; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 16 DEVELOPMENT SERVICES COMMITTEE MEETING (APRIL 18, 2023)

8.2.1

2022 DRAFT CONSOLIDATED FINANCIAL STATEMENTS (7.0)

J.Pak, ext. 2514 / K. Soneji, ext. 2681

• 1. That the presentation titled “2022 Consolidated Financial Statements” be received; and,
  2. That the report titled “2022 Consolidated Financial Statements” be received; and,
  3. That Council approve the draft Consolidated Financial Statements of The Corporation of the City of Markham (the City), including Community Boards, Business Improvement Areas (BIAs), Destination Markham Corporation and Investment in Markham Enterprises Corporation (MEC), for the fiscal year ended December 31, 2022; and,
  4. That Council authorize Staff to publish the final audited Statements for the fiscal year ended December 31, 2022 upon receiving the Independent Auditors’ Report; and,
  5. That the KPMG LLP Audit Findings Report for the year ended December 31, 2022 be received; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

RECOMMENDATION REPORT - REQUEST TO APPROVE PROPOSED STREET NAMES FOR 2 SITE PLAN APPLICATIONS, 7768 MCCOWAN ROAD, 9999 MARKHAM ROAD (10.14)

R. Tadmore, ext. 6810

• 1. That Council approve the proposed street names “Tina Gate” for a site plan located at 7768 McCowan Road, and “Evelyn Rose Lane”, “LeBANC Lane” and “Azza Lane” for a site plan located at 9999 Markham Road; and; and further,
  2. That Staff be directed to add the street names listed above to the City’s Street and Park Name Reserve List.

8.2.3

RECOMMENDATION REPORT - NOTICE OF INTENTION TO DEMOLISH – SINGLE DETACHED DWELLING AND DETACHED GARAGE, 33 WASHINGTON STREET, MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT, WARD 4 (16.11)

E. Manning, ext. 2296

• 1. That Council support the proposed demolition of the existing single-detached dwelling and detached garage at 33 Washington Street, as per Section 42 of the Ontario Heritage Act; and,
  2. That the deputation made by Doug Denby at the April 18th Development Services Committee be received; and,
  3. That the recommendation from the Heritage Markham Committee on December 14, 2022, in support of redevelopment of 33 Washington Street (in accordance with Appendix ‘C’ of this report), be received as information; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

MARKHAM FOUNDATION FOR PERFORMING ARTS - INCORPORATION UPDATE (6.2)

E. Lariviere, ext. 7546

• 1. That Council approve the following amendments to the Letters Patent of the Markham Foundation for the Performing Arts (the “Corporation”) in order to meet Canada Revenue Agency (CRA) requirements to register the Corporation as a charity (and in a form satisfactory to the City Solicitor):
     1. Amend the purposes of the Corporation to provide as follows:
        1. to support the development and sustainability of a vibrant performing arts community in the City of Markham, including the Flato Markham Theatre (or successor) and its facility and programs, in order to advance the public's appreciation of the arts by providing the residents of the City of Markham with access to arts in a variety of forms and forums; and, 
        2. to receive and maintain a fund or funds and to apply all or part of the principal and income therefrom, from time to time, to charitable organizations that are also registered charities under the Income Tax Act (Canada); and,
        3. to do all such things as are ancillary and incidental to the attainment of the above charitable purposes; and, 
     2. Provide that the Corporation shall have a minimum of 3 and a maximum of 9 Directors; and, 
  2. That the City Solicitor be authorized to approve such further amendments to the Letters Patent necessary to comply with legal and/or administrative requirements to register the Corporation as a charity; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.5

2023 INTERIM DEVELOPMENT APPLICATION AND AGREEMENT FEE OPTION (7.0)

J. Yeh, ext. 7922

• 1. That the Report titled “2023 Interim Development Application and Agreement Payment Fee Option” dated April 18, 2023 be received; and, 
  2. That for the period between May 1, 2023 and December 31, 2023, for site plan and subdivision applications, Planning, Urban Design and Engineering submissions, and when agreements are executed:
     1. The Applicant shall make a partial fee payment in the amount of 50% of the fees in By-law 211-83 “Tariff of Fees for the Processing of Planning Applications” (Development Fee By-law); and,
     2. Where site plan or subdivision agreements are executed between May 1 and December 31, 2023, the Applicant shall pay 50% of any outstanding fees owing according to the by-law in effect, and the balance shall be secured by letter of credit which shall be drawn on or released once the fee has been recalculated in accordance with the 2024 Development Fee By-law; and,
     3. Where site plan or subdivision agreements are executed between May 1 and December 31, 2023, the amounts payable will be recalculated in accordance with 2024 Development Fee By-law, provided that in no case shall an Applicant be required to pay more than the fees payable in accordance with the fee by-law in effect as of the date of this report and any overpayment shall be refunded to the Applicant; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

14.

CONFIDENTIAL ITEMS

• That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

14.1

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL MINUTES - APRIL 5, 2023

14.1.2

LITIGATION / POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY; (WARD 3)[MUNICIPAL ACT, 2001, SECTION 239(2)(e)] (8.7,10.12)

REQUEST FOR DIRECTION REPORT SCARDRED 7 COMPANY LIMITED APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT

14.2

REPORT FROM GENERAL COMMITTEE - APRIL 11, 2023

14.2.1

THE SECURITY OF THE PROPERTY OF THE CITY; LEASE IN WARD 1; (8.2) [MUNICIPAL ACT, 2001, SECTION 239 (2)(a)]

14.2.2

 REAL PROPERTY ACQUISITION– 7750 BAYVIEW AVENUE (8.6) [MUNICIPAL ACT, 2001, SECTION 239 (2)(c)] 

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-70 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-70 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 19, 2023.

  No attachment

16.

ADJOURNMENT