Council Meeting

That the Minutes of the Council Meeting held on March 9, 2021, be adopted.

That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Pakistan National Day - March 23, 2021 National Wildlife Week - April 6-10, 2021 Be Kind To Animals Week - May 3-9, 2021 World Turtle Day - May 23, 2021 Animal Health Week - October 4-10, 2021 National Feral Cat Day - October 16, 2021 That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council: 150th Anniversary of the Toronto & York Region Labour Council - April 12, 2021 Personal Support Worker (PSW) Day - May 19, 2021 Markham Group of Artists Celebrating 40 Years - September 9-16, 2021

That the report of the Development Services Committee be received & adopted. (1 Item):

That the minutes of the Friends of the Markham Museum Board meeting held December 9, 2020, be received for information purposes. That Council endorse the recommendation from the December 9, 2020 Friends of Markham Museum Board Minutes: “That the Friends of the Markham Museum Board approve the transfer of control of the trust funds held by the City of Markham on behalf of the Markham Historical Society to the benefit of the Friends of the Markham Museum; and, That a copy of this resolution be forwarded to the “members” of the Friends of the Markham Museum.”

That the report of the General Committee be received & adopted. (Items 1 to 6):

That the report entitled “078-R-15 Janitorial Cleaning Services for Various City Locations Contract Extension” be received; and, That the contract for Janitorial Cleaning Services for various City locations be extended for one (1) year with National Cleaning Contractors from April 2021 to March 2022 in the 2019 (Pre-COVID) amount of $441,587.24 (2021 - $343,022.06 and 2022 - $98,565.17) (inclusive of HST); and, That the contract for additional janitorial cleaning services due to COVID-19 pandemic in the amount of $171,088.60 inclusive of HST be awarded to National Cleaning Contractors; and, That the 2021 award amount of $343,022.06 inclusive of HST be funded from various City Department’s Operating Budgets; and, That the 2022 award amount of $98,565.17 inclusive of HST be subject to Council approval of the 2022 operating budgets and that the award amount be amended to reflect changes to the various departments’ budget accounts as approved by Council during the 2022 budget process; and, That the Director, Sustainability and Asset Management and Senior Manager, Procurement and Accounts Payable be authorized to approve additional enhanced cleaning in the event other facilities open during 2021; and, That the additional cleaning requirements arising as a direct result of COVID-19 in the amount of $171,088.45 ($99,897.13 + $71,191.32) inclusive of HST be charged directly to the COVID-19 cost centre and that it be funded from the COVID-19 Reserve by an amount determined as part of

That the report titled “Annual Water Quality Report (January-December 2020)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002 , enclosed herein be received; and That the 2020 Annual Water Quality Report (Attachment “A”), containing information for the Ministry of the Environment, Conservation and Parks (MECP) on water supply and quality as required by Section 11 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002 , be received; and, That Council acknowledge that staff posted the 2020 Annual Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2021 as per regulations; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Amendment to By-Law 2013-113 to Delegate Authority to Convey Easements to Alectra” be received; and, That By-Law 2013-113 – “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” be amended to authorize the Senior Manager of Real Property to: execute any documents and/or agreements required to convey easements over City-owned lands to Alectra Utilities Corporation (“Alectra”) and/or its affiliates where such easements are required by Alectra to provide services to Cityowned property, provided the form of the easement is satisfactory to the Senior Manager of Real Property and the City Solicitor or his/her designate; and to determine the purchase price to be paid by Alectra for easements over City-owned lands as described in resolution #2(a), provided that the purchase price is at least 90% of Fair Market Value; and to determine the purchase price paid by Alectra, including a nominal purchase price where the requirement for easements as described in #2(a) are not prompted by third party development or construction That Council adopt the By-law attached as Attachment No.1 of this Report to amend By-Law 2013-113 “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” at the next Council meeting; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the presentation entitled “2021-2022 Thornlea Pool Restoration” be received; and, That a capital project for Phase 1 and 2 be established in the amount of $2,307,412. The capital project will include the design and construction as outlined in this presentation; and, That the project be funded from the Lifecycle Reserve; and, That authority be given to the Sr. Manager of Procurement & Accounts Payable to work with the applicable Director to undertake an informal pre-qualification and award process with a minimum of three (3) vendors and consultants to expedite the procurement process when necessary, by allowing a preferred vendor list to be developed, used and released to the market; and, That authority be given to the CAO to award the tenders outlined in recommendation 4; and, That a new contract Project Manager position in the Sustainability and Asset Management Department be funded from this project; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Transfer Payment Agreement for Provincial Audit and Accountability Fund” be received; and, That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) to fund the Plan for Expansion of the Administrative Monetary Penalties System (AMPS) , provided the agreement is in a form satisfactory to the Commissioner of Corporate Services and the City Solicitor; and, That a new capital project named, “Plan for Expansion of the Administrative Monetary Penalties System” be created in the amount of $110,000.00 to be funded from the Provincial Audit and Accountability Fund; and, That the tendering process be waived in accordance with Purchasing By-Law 2017-8 (Part II, Section 11.1 Non Competitive Procurement, item 1 item 1 (h)); and, That the contract for consulting services for the expansion of the administrative penalties system be awarded to WSCS Consulting Inc. in the amount of $89,511.25 (inclusive of HST); and, That the remaining balance in the amount of $20,488.75 be retained within the new capital project for any additional costs related to the project, and that authorization to approve expending of this amount up to the specified limit be in accordance with the Expenditure Control Policy; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the minutes of the Animal Care Committee meetings held November 18, 2020, December 16, 2020 and January 20, 2021 be received for information purposes, and, That the Animal Care Committee express its sincere appreciation to Council for approving the Legislative Services Animal Care Model and that it request that staff report back in one year on any impacts on the service level.

That the report titled “RECOMMENDATION REPORT, Nest (VS) GP Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)” be received; and, That the deputation from Joan Smith, be received; That at the January 25, 2021 Development Services Committee, staff was directed to report back to a future Development Services Committee meeting on the following: a. The feasibility of the applicant covering all installation connection costs for municipal water and sanitary sewers to the property at 10183 Victoria Square Boulevard, at the time of construction as part of the reconstruction at Victoria Square Boulevard in 2022, and obtaining consent from the property owner; and, b. That staff be directed to discuss with the owner of 10183 Victoria Square Boulevard regarding the connection from the municipal property boundary to the private home and the associated costs, and whether the homeowner will be agreeing to pay for that connection. That the update memorandum dated March 30, 2021 titled “Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)”, to address 3 (a) and 3 (b), be received, and, That staff be directed to continue to work with the applicant to install landscaping along the north side of the property line adjacent to 10183 Victoria Square Boulevard; That the maintenance of landscaping along the frontage of the developmen

That the report titled “2020 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Whereas the City of Markham supports the Province’s initiatives to expand broadband infrastructure; and, Whereas the Province of Ontario introduced Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021, on March 4, 2021; and, Whereas the proposed legislation impacts municipal authorities and services in a manner that may be detrimental to the municipality, municipal stakeholders and the public; and, Whereas Markham City Council has considered the proposed legislation; and, Whereas City staff submitted correspondence dated March 26, 2021 to the Standing Committee on General Government identifying concerns with the proposed legislation; Now therefore be it resolved that: 1. The City of Markham objects to certain proposed provisions in the Supporting Broadband and Infrastructure Expansion Act, 2021, (the “Act”) including the following: The Act removes the City of Markham’s autonomy over its Rights of Way. It is important that municipalities have full autonomy and that the ability to make decisions for their rights of way. The municipality is best placed to make such decisions as it has the best knowledge of present and future planned projects and can make appropriate decisions based on all relevant factors; The Act does not include adequate protections for public and stakeholder engagement. The Act does not mandate notification to the public and there may be limited opportunities and/or insufficient time for the municipality to address and/or accommodate conflict

Whereas on March 4, 2021, Bill 257 , Supporting Broadband and Infrastructure Expansion Act, 2021 (the “Act”) received first reading; and, Whereas Schedule 3 of the Act proposes to amend Section 47 of the Planning Act to provide that Minister’s Zoning Orders (MZOs) are not required to be consistent with the Provincial Policy Statement (PPS) and that existing MZOs did not have to be consistent with the PPS, and specifies that the proposed amendment would not apply to lands within the Greenbelt Area; and, Whereas the Ministry also issued an Environmental Registry of Ontario proposal (ERO) request specifically for comments on the legislative changes related to MZOs proposed in Schedule 3 of the Act and requested comments prior to the April 3, 2021 deadline; and, Whereas, the ERO posting states the intent of this legislative change is to allow the Minister to take other considerations into account when making decisions to support strong communities, which would ensure that the Minister, acting at their discretion, has the authority to support and expedite the delivery of government priorities, including transit-oriented communities, affordable housing, long-term care homes and strategic economic recovery projects by removing potential barriers and delays; and, Whereas Markham City Council supports appropriate Provincial initiatives to streamline the development process; and, Whereas The Planning Act provides for a land use system that is led by Provincial policy and provides the a

That By-laws 2021-21 to 2021-24 and 2021-26 be given three readings and enacted.

That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 2:18 pm: 14.1 COUNCIL 14.1.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - MARCH 9, 2021 (10.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24) [SECTION 239 (2)(b)] 14.1.3 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE BOARD OF MANAGEMENT FOR THE MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA (MVBIA) (16.24) [SECTION 239 (2)(b)] 14.2 NEW/ OTHER BUSINESS 14.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; SURPLUS LANDS REPORT (8.7) [SECTION 239 (2) (c)] 14.3 DEVELOPMENT SERVICES COMMITTEE 14.3.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – LPAT APPEAL DEVELOPMENT GROUP (100 SAW) INC. (8.0) [Section 239 (2) (e)]

That the confidential Council minutes of March 9, 2021, be adopted.

That the following individuals be re-appointed to the Canada Celebration Organizing Committee with a term expiry as indicated: Teresa Ing March 31, 2022 Zulaika Hoosainny March 31, 2022 Edward Chiu March 31, 2022 Saadia Zakki March 31, 2022 Satya Arora March 31, 2022 2. That the following individuals be appointed to the Heintzman House Community Centre Board with a term expiry as indicated: Caitlin Ammendoli November 30, 2024 Gordon Cheung November 30, 2023 Susan Corbeil November 30, 2024 3. That the composition of the Heintzman House Community Centre Board be increased from 10 citizen members to up to 15 citizen members (see the enclosed Board extract from the February 25, 2021 Heintzman House Community Centre Board meeting requesting this change to the composition). 4. That the following individuals be appointed or re-appointed to the Box Grove Community Centre Board with a term expiry as indicated: Nimisha Patel November 30, 2023 Yash Kapur November 30, 2023 Marcius Bansavatar November 30, 2024 Sharon Gabriel November 30, 2024 5. That the composition of the Box Grove Community Centre Board be expanded by 2 extra citizen positions.

That Council appoint the following individuals as board members for the Markham Village Business Improvement Area with a term expiry as indicated: Michelle Brady November 14, 2022 Aly Daya November 14, 2022

That the confidential report on a proposed or pending acquisition or disposition of land by the City or local board be received; and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on litigation or potential litigation, including matters before Administrative Tribunals, affecting the municipality or local board – LPAT Appeal Development Group (100 SAW) Inc., dated March 30, 2021, be received; and, That Council direct the City Solicitor, or designate, and Staff to appear before the Local Planning Appeal Tribunal (“LPAT”) as a party to the appeal to defend the City’s interests; and, That Council authorize the City Solicitor, or designate, and Staff to continue to appear before the Local Planning Appeal Tribunal as a party in future site-specific appeals within Vaughan’s Yonge Steeles Corridor Secondary Plan area, where staff concerns are the same, or similar to, concerns related to this and other appeals to which the City is already a party to in this area; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That By-law 2021-25 be given three readings and enacted. Three Readings BY-LAW 2021-25 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 31, 2021.

That the Council meeting be adjourned at 3:10 pm.

3 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Pakistan National Day - March 23, 2021 b. National Wildlife Week - April 6-10, 2021 c. Be Kind To Animals Week - May 3-9, 2021 d. World Turtle Day - May 23, 2021 e. Animal Health Week - October 4-10, 2021 f. National Feral Cat Day - October 16, 2021 2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council: 150th Anniversary of the Toronto & York Region Labour Council - April 12, 2021 Personal Support Worker (PSW) Day - May 19, 2021 a. Markham Group of Artists Celebrating 40 Years - September 9-16, 2021

1. That the report entitled “078-R-15 Janitorial Cleaning Services for Various City Locations Contract Extension” be received; and, 2. That the contract for Janitorial Cleaning Services for various City locations be extended for one (1) year with National Cleaning Contractors from April 2021 to March 2022 in the 2019 (Pre-COVID) amount of $441,587.24 (2021 - $343,022.06 and 2022 - $98,565.17) (inclusive of HST); and, 3. That the contract for additional janitorial cleaning services due to COVID-19 pandemic in the amount of $171,088.60 inclusive of HST be awarded to National Cleaning Contractors; and, 4. That the 2021 award amount of $343,022.06 inclusive of HST be funded from various City Department’s Operating Budgets; and, 5. That the 2022 award amount of $98,565.17 inclusive of HST be subject to Council approval of the 2022 operating budgets and that the award amount be amended to reflect changes to the various departments’ budget accounts as approved by Council during the 2022 budget process; and, 6. That the Director, Sustainability and Asset Management and Senior Manager, Procurement and Accounts Payable be authorized to approve additional enhanced cleaning in the event other facilities open during 2021; and, 7. That the additional cleaning requirements arising as a direct result of COVID-19 in the amount of $171,088.45 ($99,897.13 + $71,191.32) inclusive of HST be charged directly to the COVID-19 cost centre and 6 that it be funded from the COVID-19 Reserve by an amount

1. That the report titled “Annual Water Quality Report (January- December 2020)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, enclosed herein be received; and 2. That the 2020 Annual Water Quality Report (Attachment “A”), containing information for the Ministry of the Environment, Conservation and Parks (MECP) on water supply and quality as required by Section 11 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, be received; and, 3. That Council acknowledge that staff posted the 2020 Annual Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2021 as per regulations; and further, 7 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Amendment to By-Law 2013-113 to Delegate Authority to Convey Easements to Alectra” be received; and, 2. That By-Law 2013-113 – “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” be amended to authorize the Senior Manager of Real Property to: a. execute any documents and/or agreements required to convey easements over City-owned lands to Alectra Utilities Corporation (“Alectra”) and/or its affiliates where such easements are required by Alectra to provide services to Cityowned property, provided the form of the easement is satisfactory to the Senior Manager of Real Property and the City Solicitor or his/her designate; and b. to determine the purchase price to be paid by Alectra for easements over City-owned lands as described in resolution #2(a), provided that the purchase price is at least 90% of Fair Market Value; and c. to determine the purchase price paid by Alectra, including a nominal purchase price where the requirement for easements as described in #2(a) are not prompted by third party development or construction 8 3. That Council adopt the By-law attached as Attachment No.1 of this Report to amend By-Law 2013-113 “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” at the next Council meeting; and, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Transfer Payment Agreement for Provincial Audit and Accountability Fund” be received; and, 2. That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) to fund the Plan for Expansion of the Administrative Monetary Penalties System (AMPS) , provided the agreement is in a form satisfactory to the Commissioner of Corporate Services and the City Solicitor; and, 3. That a new capital project named, “Plan for Expansion of the Administrative Monetary Penalties System” be created in the amount of $110,000.00 to be funded from the Provincial Audit and Accountability Fund; and, 4. That the tendering process be waived in accordance with Purchasing By-Law 2017-8 (Part II, Section 11.1 Non Competitive Procurement, item 1 item 1 (h)); and, 5. That the contract for consulting services for the expansion of the administrative penalties system be awarded to WSCS Consulting Inc. in the amount of $89,511.25 (inclusive of HST); and, 6. That the remaining balance in the amount of $20,488.75 be retained within the new capital project for any additional costs related to the project, and that authorization to approve expending of this amount up to the specified limit be in accordance with the Expenditure Control Policy; and further, 7. That Staff be authorized and directed to do all things necessary to give effect t

1. That the report titled “RECOMMENDATION REPORT, Nest (VS) GP Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)” be received; and, 2. That the deputation from Joan Smith, be received; 11 3. That at the January 25, 2021 Development Services Committee, staff was directed to report back to a future Development Services Committee meeting on the following: a. The feasibility of the applicant covering all installation connection costs for municipal water and sanitary sewers to the property at 10183 Victoria Square Boulevard, at the time of construction as part of the reconstruction at Victoria Square Boulevard in 2022, and obtaining consent from the property owner; and, b. That staff be directed to discuss with the owner of 10183 Victoria Square Boulevard regarding the connection from the municipal property boundary to the private home and the associated costs, and whether the homeowner will be agreeing to pay for that connection. 4. That the update memorandum dated March 30, 2021 titled “Applications for Zoning By-law Amendment and Draft Plan of Subdivision to permit 12 townhouses at 10165 Victoria Square Blvd (Ward 2)”, to address 3 (a) and 3 (b), be received, and, 5. That staff be directed to continue to work with the applicant to install landscaping along the north side of the property line adjacent to 10183 Victoria Square Boulevard; 6. That the maintenance of landscaping along the front

1. That the report titled “2020 Summary of Remuneration and Expenses for Councillors and Appointees to Boards” be received; and further, 13 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

15 Whereas on March 4, 2021, Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021 (the “Act”) received first reading; and, Whereas Schedule 3 of the Act proposes to amend Section 47 of the Planning Act to provide that Minister’s Zoning Orders (MZOs) are not required to be consistent with the Provincial Policy Statement (PPS) and that existing MZOs did not have to be consistent with the PPS, and specifies that the proposed amendment would not apply to lands within the Greenbelt Area; and, Whereas the Ministry also issued an Environmental Registry of Ontario proposal (ERO) request specifically for comments on the legislative changes related to MZOs proposed in Schedule 3 of the Act and requested comments prior to the April 3, 2021 deadline; and, Whereas, the ERO posting states the intent of this legislative change is to allow the Minister to take other considerations into account when making decisions to support strong communities, which would ensure that the Minister, acting at their discretion, has the authority to support and expedite the delivery of government priorities, including transit-oriented communities, affordable housing, long-term care homes and strategic economic recovery projects by removing potential barriers and delays; and, Whereas Markham City Council supports appropriate Provincial initiatives to streamline the development process; and, Whereas The Planning Act provides for a land use system that is led by Provincial policy and provides the

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:18 pm: 14.1 COUNCIL 14.1.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - MARCH 9, 2021 (10.0) 18 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24) [SECTION 239 (2)(b)] 14.1.3 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES - APPOINTMENT OF MEMBER TO THE BOARD OF MANAGEMENT FOR THE MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA (MVBIA) (16.24) [SECTION 239 (2)(b)] 14.2 NEW/ OTHER BUSINESS 14.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; SURPLUS LANDS REPORT (8.7) [SECTION 239 (2) (c)] 14.3 DEVELOPMENT SERVICES COMMITTEE 14.3.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – LPAT APPEAL DEVELOPMENT GROUP (100 SAW) INC. (8.0) [Section 239 (2) (e)]

That By-law 2021-25 be given three readings and enacted. Three Readings BY-LAW 2021-25 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 31, 2021. 22