The Markham Record

Council Meeting

December 4, 2024

Who was there

Present (13): Michael Chan, Amanda Yeung Collucci, Alan Ho, Keith Irish, Jim Jones, Andrew Keyes, Ritch Lau, Isa Lee, Joe Li, Reid McAlpine, Juanita Nathan, Karen Rea, Frank Scarpitti

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (50 motions)

45 carried, 5 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the Council Meeting held on November 20, 2024, be adopted.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
That the Minutes of the Special Council Meeting held on November 27, 2024, be adopted.
Moved by Councillor Juanita Nathan, seconded by Councillor Ritch Lau
Carried
That the deputation from Heather Beevor be received.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That the deputations from Heather Beevor, Uthayan Ponnuthurai, Anastasis Hatziaikolaou, and Michael Chung be received.
Moved by Councillor Amanda Collucci, seconded by Councillor Reid McAlpine
Carried
That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
Moved by Councillor Reid McAlpine, seconded by Regional Councillor Alan Ho
Carried
That the communication from the City Solicitor summarizing the OLT Decision in regard to the settlement with1107656 Ontario Inc. (Ward 8) City’s non-decisions regarding applications to amend the Official Plan (“OPA”) and the Zoning By-law (“ZBL”) to facilitate a mixed-use development, for the “Subject Lands” located on the south side of Highway 7 East, between South Park Road and Bayview Avenue in the Leitchcroft community be received.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
That the communication regarding Item 7.1.1 "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV" from Andrew Kam and Heather Beevor be received. (Item 5.1 & Item 7.1.1)
Moved by Councillor Juanita Nathan, seconded by Regional Councillor Alan Ho
Carried
That the report of the Development Services Committee be received & adopted. (Item 1):
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That the Staff report, dated November 12, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV”, be received; and, That the written correspondence from Andrew Kam and Heather Beevor be received; and, That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of the following properties under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information: 11288 Kennedy Road (Ward 6): “George and Eliza Brodie House”; and, 3490 Nineteenth Avenue (Ward 2): “Gormley-Wideman House”; and, That Council state its intention to designate 11288 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That Council state its intention to designate 3490 Nineteenth Avenue (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act for the properties approved for intent to designate at this meeting, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and, That if there are any objections in accordance with the provisions of the Ontario Heritage Act for the properties approved for intent to designate at this meeting, the matter return to Council for further consideration; and fur
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That the clauses be voted on separately, with clauses 1-3 and 9-11 grouped together and all other clauses dealt with on their own.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That Council state its intention to designate 11288 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That Council state its intention to designate 3490 Nineteenth Avenue (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act for the properties approved for intent to designate at this meeting, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and, That if there are any objections in accordance with the provisions of the Ontario Heritage Act for the properties approved for intent to designate at this meeting, the matter return to Council for further consideration; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That Council state its intention to designate 7775 Ninth Line (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Lost
6. That Council state its intention to designate 6840 Fourteenth Avenue (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That Council state its intention to designate 3949 Nineteenth Avenue (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to receive Solicitor Advice on Item 7.1.1 at 11:25 AM.
Moved by Deputy Mayor Michael Chan, seconded by Councillor Amanda Collucci
Lost
In favour (4): Councillor Karen Rea, Councillor Amanda Collucci, Councillor Reid McAlpine, Mayor Frank Scarpitti · Opposed (8): Councillor Juanita Nathan, Regional Councillor Joe Li, Deputy Mayor Michael Chan, Regional Councillor Jim Jones, Councillor Andrew Keyes, Councillor Keith Irish, Councillor Isa Lee, Regional Councillor Alan Ho
1. That the Staff report, dated November 26, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase XII Properties”, be received; and, 2. That the written objection to designation under the Ontario Heritage Act as submitted on behalf of the property owner of 5970 Elgin Mills Road East (Ward 6), be received as information; and, 3. That Council affirm its intention to designate 5970 Elgin Mills Road East (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, 4. That the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and, 5. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-law as per the requirements of the Ontario Heritage Act; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Lost
That the report dated November 26, 2024 entitled “CMHC Housing Accelerator Fund Partnerships Approach” be received; and, That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to negotiate, finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 1, Public Partnerships, implemented as a Direct Grant Stream, with organizations included, but not limited to, those in the confidential memorandum dated November 26, 2024, in accordance with the Direct Grant Stream Criteria in Appendix 1; and, That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 5, Incentive Program for Affordable Housing, implemented as a DC Rebate Program with all developers that can deliver units in accordance with the DC Rebate Program Parameters referenced in Appendix 2; and further, That the Mayor and CAO be authorized to execute these agreements; and further, That Staff be authorized and directed to do all things necessary to give effect to these resolutions.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That the report of the Development Services Committee be received & adopted. (Items 1 to 9):
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report dated December 3, 2024, titled “Status of Capital Projects as of September 30, 2024” be received; and, That the Projects completed with surplus funds over $100,000 or with over 50% of Budget remaining, as identified in Appendix 2a, be recommended for closure, and funds associated with these projects in the amount of $5,744,765 be transferred to the original sources of funding as identified in Appendix 2a; and, That the Projects Completed without surplus funds or with surplus funds under $100,000 or with less than 50% of Budget remaining, as identified on Appendix 2b, be recommended for closure, and funds associated with these projects in the amount of $1,336,725 be transferred to the original sources of funding as identified in Appendix 2b; and, That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $2,104,150 to the approved amount of $250,000; and, That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $118,124 to the approved amount of $100,000; and, That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $112,004 to the approved amount of $100,000; and, That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $1,136,863 be received; and, That the following new capital projects, initiated subsequent to the appr
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the proposed 2025 Standing Committee & Council Meeting Calendar be adopted; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report titled “2024 Audit Planning Report” be received; and, That the 2024 Audit Planning Report for the year ending December 31, 2024, prepared by KPMG LLP, Chartered Accountants be received; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report titled “Award of Tender 060-T-24 (CRFT 2024-01) for the Supply and Delivery of Unleaded Fuel (E10), #1 Ultra Low Sulphur Diesel Fuel and Biodiesel Fuel (B20) for a Five Year Term (2025 – 2029)” be received; and, That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of unleaded fuel (E10) be awarded to the lowest priced bidder, Brown’s Fuels, in the estimated annual amount of $839,887.40, inclusive of HST; and, That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of #1 ultra low sulphur diesel fuel be awarded to the lowest priced bidder, Suncor Energy Products Partnership, in the estimated annual amount of $259,778.40, inclusive of HST; and, That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of biodiesel fuel (B20) be awarded to the lowest priced bidder, Brown’s Fuels, in the estimated annual amount of $186,196.32, inclusive of HST; and, That the term of the contract be five years (January 1, 2025 – December 31, 2029); and, That the 2025 estimated costs of $1,285,862.12 ($839,887.40 + $259,778.40 + $186,196.32) be funded from accounts listed in the Financial Considerations section; and, That the Purchase Order be adjusted in the future years up to the approved operating budget as adopted by Council; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report titled “Quality Management System Management Review” be received; and, That Council, as the Owner of the City’s drinking water system, acknowledge and support the outcome and action items identified from the Management Review; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report titled, “Council-Staff Relations Policy” be received; and, That Markham City Council adopt the revised “Council-Staff Relations Policy” included as Appendix “B” to this report; and, That the Council-Staff Relations Policy be brought back to General Committee for review in September, 2025; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Juanita Nathan, seconded by Councillor Ritch Lau
Carried
That the matter of the Council-Staff Relations Policy be
Moved by Councillor Juanita Nathan, seconded by Councillor Ritch Lau
Deferred
That the report entitled, “Pay-on-Demand Surety Bonds Policy” be received; and, That the attached Pay-on-Demand Surety Bonds Policy be approved; and, That the Treasurer be authorized to make any necessary amendments to the Policy to be consistent with the final Provincial Regulation, should there be changes prior to its adoption and enactment; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report titled “Delegated Authority for signing Data Licensing Agreements, Data Sub-Licensing Agreements, Data Sharing Agreements and Data Privacy Agreements” be received; and, That Council authorize the Chief Information Officer to execute approved data licensing agreements, data sub-licensing agreements, data sharing agreements, data privacy agreements and other agreements and documents required to facilitate the sharing, licensing, sub-licensing and protection of data as between the City and other levels of government or government agencies, and as between the City and third party vendors in connection with City projects, in accordance with Ontario’s Municipal Freedom of Information and Protection of Privacy Act of Ontario (MFIPPA) and in a form approved by the City Solicitor; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That the report entitled “City of Markham Multi-Year Accessibility Plan 2025-2029” be received; and, That Council approve the City of Markham Multi-Year Accessibility Plan 2025-2029; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That By-laws 2024-210 to 2024-217 be given three readings and enacted.
Moved by Regional Councillor Alan Ho, seconded by Councillor Isa Lee
Carried
That By-law 2024-209 be given three readings and enacted. Three Readings BY-LAW 2024-209- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 4, 2024. No attachment
Moved by Regional Councillor Alan Ho, seconded by Councillor Ritch Lau
Carried
1. That the Minutes of the Special Council Meeting held on November 27, 2024, be adopted. 3
Moved by Councillor Juanita Nathan, seconded by Councillor Ritch Lau
Carried
1. That the rules of procedure be waived to allow Uthayan Ponnuthurai to appear as a deputant after having spoken previously on the same matter at the Development Services Committee of November 12, 2024.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
4 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.
Moved by Councillor Isa Lee, seconded by Councillor Andrew Keyes
Carried
1. That the communication regarding Item 7.1.1 "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV" from Andrew Kam and Heather Beevor be received.(Item 5.1 & Item 7.1.1) 5
Moved by Councillor Juanita Nathan, seconded by Regional Councillor Alan Ho
Carried
1. That the Staff report, dated November 12, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV”, be received; and, 2. That the written correspondence from Andrew Kam and Heather Beevor be received; and, 3. That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of the following properties under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information: a. 11288 Kennedy Road (Ward 6): “George and Eliza Brodie House”; and, b. 3490 Nineteenth Avenue (Ward 2): “Gormley-Wideman House”; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
7 4. That Council state its intention to designate 11288 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
8 6. That Council state its intention to designate 6840 Fourteenth Avenue (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Lost
1. That the report dated November 26, 2024 entitled “CMHC Housing Accelerator Fund Partnerships Approach” be received; and, 2. That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to negotiate, finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 1, Public Partnerships, implemented as a Direct Grant Stream, with organizations included, but not limited to, those in the confidential memorandum dated November 26, 2024, in accordance with the Direct Grant Stream Criteria in Appendix 1; and, 10 3. That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 5, Incentive Program for Affordable Housing, implemented as a DC Rebate Program with all developers that can deliver units in accordance with the DC Rebate Program Parameters referenced in Appendix 2; and further, 4. That the Mayor and CAO be authorized to execute these agreements; and further, 5. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Joe Li
Carried
That the report of the Development Services Committee be received & adopted, save and except Items 7.3.6 and 7.3.7. (Items 1 to 9):
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
1. That the report dated December 3, 2024, titled “Status of Capital Projects as of September 30, 2024” be received; and, 2. That the Projects completed with surplus funds over $100,000 or with over 50% of Budget remaining, as identified in Appendix 2a, be recommended for closure, and funds associated with these projects in the amount of $5,744,765 be transferred to the original sources of funding as identified in Appendix 2a; and, 3. That the Projects Completed without surplus funds or with surplus funds under $100,000 or with less than 50% of Budget remaining, as identified on Appendix 2b, be recommended for closure, and 11 funds associated with these projects in the amount of $1,336,725 be transferred to the original sources of funding as identified in Appendix 2b; and, 4. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $2,104,150 to the approved amount of $250,000; and, 5. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $118,124 to the approved amount of $100,000; and, 6. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $112,004 to the approved amount of $100,000; and, 7. That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $1,136,863 be received; and, 8. That the following new capital projects, initi
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
1. That the proposed 2025 Standing Committee & Council Meeting Calendar be adopted; and further, 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 12
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
1. That the report titled “Award of Tender 060-T-24 (CRFT 2024-01) for the Supply and Delivery of Unleaded Fuel (E10), #1 Ultra Low Sulphur Diesel Fuel and Biodiesel Fuel (B20) for a Five Year Term (2025 – 2029)” be received; and, 2. That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of unleaded fuel (E10) be awarded to the lowest priced bidder, Brown’s Fuels, in the estimated annual amount of $839,887.40, inclusive of HST; and, 3. That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of #1 ultra low sulphur diesel fuel be awarded to the lowest priced bidder, Suncor Energy Products Partnership, in the estimated annual amount of $259,778.40, inclusive of HST; and, 4. That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of biodiesel fuel (B20) be awarded to the 13 lowest priced bidder, Brown’s Fuels, in the estimated annual amount of $186,196.32, inclusive of HST; and, 5. That the term of the contract be five years (January 1, 2025 – December 31, 2029); and, 6. That the 2025 estimated costs of $1,285,862.12 ($839,887.40 + $259,778.40 + $186,196.32) be funded from accounts listed in the Financial Considerations section; and, 7. That the Purchase Order be adjusted in the future years up to the approved operating budget as adopted by Council; and further, 8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
1. That the report entitled, “Pay-on-Demand Surety Bonds Policy” be received; and, 2. That the attached Pay-on-Demand Surety Bonds Policy be approved; and, 3. That the Treasurer be authorized to make any necessary amendments to the Policy to be consistent with the final Provincial 15 Regulation, should there be changes prior to its adoption and enactment; and further, 4. That staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
1. That the report entitled “City of Markham Multi-Year Accessibility Plan 2025-2029” be received; and, 2. That Council approve the City of Markham Multi-Year Accessibility Plan 2025-2029; and further, 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 16
Moved by Councillor Keith Irish, seconded by Councillor Andrew Keyes
Carried
That By-laws 2024-210 to 2024-217, save and except By-law 2024-215, be given three readings and enacted.
Moved by Regional Councillor Alan Ho, seconded by Councillor Isa Lee
Carried
1. That the confidential Council minutes of the Council Meeting held on November 20, 2024, be adopted.
Moved by Regional Councillor Alan Ho, seconded by Councillor Isa Lee
Carried
1. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 19
Moved by Councillor Karen Rea, seconded by Councillor Reid McAlpine
Carried
1. That the Confidential Report, dated November 26, 2024, titled “CONFIDENTIAL REQUEST FOR DIRECTION REPORT - Ontario Land Tribunal Appeal of the Heritage Designation By-law for 7507 Kennedy Road (Ward 8)”, be received; and further, 2. That Staff do all things necessary to give effect to these resolutions.
Moved by Councillor Keith Irish, seconded by Councillor Karen Rea
Carried

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