Council Meeting

That the Minutes of the Council Meeting held on November 23, 2021, be adopted.

That the Minutes of the Budget Committee Meeting held on October 13, 20, 22 and November 2, 2021, be adopted.

That the deputations of Peter Miasek and Sherry Draisey be received.

That the deputation of Duff Conacher on the Lobbyist Registry, be received.

That the rules of procedure be waived in order to allow Mr. Fred Peters to address Council, as he previously addressed the General Committee on the item 8.4.6 related to the Swan Lake Water Quality Management Plan.

That the deputation of Fred Peters be received.

That the Memorandum dated December14, 2021 from the Commissioner of Development Services; on the Hold Removal By-law, 9781 Markham Road Limited Partnership (Liberty Development Corporation), 9781 Markham Road, Markham; be received; and, That the Holding (H) provision be removed only for the Phase 1 land as shown on Appendix ‘2’; and, That the sustainability measures attached as Appendix ‘1’ to this memorandum be endorsed in lieu of LEED Silver certification for the proposed Phase 1 development; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021- 122)

That the following communications providing comments regarding GTA West Corridor (413 Highway) be received for information purposes: Gloria Marsh, York Region Environmental Alliance Stuart Cumner and Patricia Hektor Michelle Meandro Louisa Santoro (See Item 11.2, New/Other Business for Council's decision on this matter.)

That the following communications providing comments regarding GTA West Corridor (413 Highway) be received for information purposes: Angela Grella Dan O'Reilly Tony Malfara Tom Chan Corie Bonnaffon, Grandview Area Residents Association (See Item 11.2, New/Other Business for Council's decision on this matter.)

That the following communications providing comments be received for information purposes: Andrew Yu Alex Greco, Public Affairs Association of Canada Ontario Chapter Corie Bonnaffon, Grandview Area Residents Association (See Item 8.4.4, Report 43 for Council's decision on this matter.)

That the written submission by Fred Peters be received for information purposes. (See Item 8.4.6, Report 43 for Council's decision on this matter.)

That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: World AIDS Day - December 1, 2021 Human Rights Day - December 10, 2021

That the report of the General Committee be received & adopted save an except for Item 8.1.1:

That the report entitled Proposed City of Markham Coyote Response and Co-existence Strategy be received; and, That Markham City Council approve the proposed Coyote Response and Co-existence Strategy outlined in Attachment “F”; and, That the Coyote Response and Co-existence Strategy be amended to remind residents of the importance of not leaving young children unattended in yards, playgrounds, naturalized areas, etc.; and, That the Coyote Response and Co-existence Strategy be further amended to reflect that staff have the discretion to use lethal intervention at any stage of the proposed Incident Escalation Framework should circumstances warrant it; and, That the City host a Public Information Meeting in the first quarter of 2022 to obtain public input into the proposed Coyote Response and Co-existence Strategy ; and, That Council request the Minister of Northern Development, Mines, Natural Resources and Forestry to formally review the complex issue of human/coyote conflict in Ontario and to develop a comprehensive, Province-wide solution and public relations campaign, complete with marketing materials to address same; and, That Council direct staff to investigate the feasibility of partnering with a post-secondary institution in Ontario to conduct research on the effects of urbanization on coyotes, human/coyote conflicts in an urban setting and best practices and evidence based approaches to address related issues; and, That Staff review the Coyote Response and Co-existence S

That the report entitled “Municipal Capital Facilities - Reesor Park Seasonal Tennis Bubbles” be received; and, That, further to the City entering into a lease agreement (the “ Lease ”) with Premier Racquet Clubs Markham Corp. (the “ Tenant ”) for that part of the lands municipally known as 73 Wootten Way N, Markham, depicted in Appendix “A” (the “ Reesor Park Tennis Bubbles Lands ”), a by-law be passed pursuant to Section 110 of the Municipal Act, 2001 in a form substantially similar to the draft by-law attached as Appendix “B” to: Authorize the City to enter into a Municipal Capital Facility Agreement (the “ MCF Agreement ”), and any and all associated or related agreements, with the Tenant for the provision of municipal capital facilities at the Reesor Park Tennis Bubbles Lands; and Exempt the Reesor Park Tennis Bubbles Lands from taxation for municipal, regional and education purposes. Tax exemption is to be effective from the later of the following dates: (i) the commencement date of the lease; (ii) the date the Municipal Capital Facility Agreement is signed; (iii) or the date the tax exemption by-law is enacted; and, That further to the City and The Tenant entering into the Lease, Council declares that the Reesor Park Tennis Bubbles Lands are for the purposes of the municipality and are for public use as more particularly set out in the Lease; and, That subject to the by-law described in Recommendation #2 being passed, the City Clerk be directed to give written notice o

That the report dated November 29 , 2021 titled “Status of Capital Projects as of September 30, 2021” be received; and, That the Projects Completed within Scope with Surplus Funds and the Projects Completed within Scope without Surplus Funds, as identified on Exhibit B, be approved for closure and funds in the amount of $1,914,897 be transferred to the original sources of funding as identified on Exhibit B; and, That the Projects Closed and Not or Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $856,389 be transferred to the original sources of funding as identified in Exhibit C; and, That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $ 486,404 to the approved amount of $250,000; and, That the Engineering Capital Contingency Project be topped up from the Development Charges - City-Wide Hard Reserve by $224,966 to the approved amount of $100,000; and, That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $33,634 to the approved amount of $100,000; and, That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $54,020 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 $339,967 be received; and, That a new Theatre capital project ti

That the report “2022 Interim Tax Levy By-law” be received; and, That Council authorize an interim tax levy for 2022 ; and, That the attached by-law be passed to authorize the 2022 interim tax levy; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-119)

That the report entitled “ School Crossing Guard Program Contract Extension (City Wide)” be received; and, That the tendering process be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and, That the contract for school crossing guard services be extended with Staffing Services Inc. for two (2) years from September 2022 to June 2024 in the estimated amount of $1,437,507.30 (inclusive of HST); and, $ 718,753.65 September 2022 – June 2023 $ 718,753.65 September 2023 – June 2024 $1,437,507.30 Total (Incl. of HST) That the award be funded from Operating Budget # 740-998-5642 “School Crossing Guards”; and, That the Director of Engineering and Senior Manager, Procurement & Accounts Payable be authorized to exercise the option to renew the contract for two (2) additional years at the same rate subject to Council approval of the annual Operating Budgets; and, That staff be authorized to amend the award amounts to reflect changes to the crossing guard operating budget account as approved by Council during the annual budgeting process; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Tender 066-T-21 Shade Structure and Rubberized Surface at Armadale Park” be received; and, That the contract for Tender 066-T-21 Shade Structure & Rubberized Surface at Armadale Park be awarded to the lowest priced bidder, Landco Group Inc. in the amount of $369,010.25, inclusive of HST; and, That a 5% contingency in the amount of $18,450.51 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the estimated costs of $387,460.77 ($369,010.25 + $18,450.51) be funded from accounts as listed in the Financial Considerations section with budget available of $283,500.00; and, That the budget shortfall in the amount of $103,960.77 ($387,460.77 - $283,500.00) be funded from the Development Charges - City-Wide Soft Reserve in the amount of $93,564.69 (90%) and Non-DC Growth in the amount of $10,396.08 (10%); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Tender 174-T-21 Play Equipment Replacement & Site Work at Various Parks” be received; and, That the contract for Tender Play Equipment Replacement & Site Work at Various Parks be awarded to the lowest priced bidder, J. Hoover Ltd. in the amount of $515,822.68, inclusive of HST; and, That a 5% contingency in the amount of $25,791.13 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the estimated costs of $541,613.82 ($515,822.68 + $25,791.13) be funded from project #21130 Play Structure Replacement with budget available of $378,720.00; and, That the budget shortfall in the amount of $162,893.82 ($541,613.82 - $378,720.00) be funded from the Life Cycle Capital and Replacement Reserve; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “ 201-S-21 Automated Material Handling Equipment for Milliken Mills, Unionville and Thornhill Community Centre Libraries” be received; and, That staff be authorized to award a contract to Bibliotheca Canada Inc. for Milliken Mills Branch for one (1) flex AMH System 5-bin sorter with one (1) patron return and one (1) staff induction station in the amount of $177,321.67 (including freight, installation, training and HST impact) ; and, That staff be authorized to award a contract to Bibliotheca Canada Inc. for Unionville Branch for two (2) self-check kiosks and Thornhill Community Centre Branch for two (2) self-check kiosks and one (1) flex AMH System 9-bin sorter with one (1) patron return and one (1) staff induction station in the amount of $308,424.01 (including freight, installation, training and HST impact); and, That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (b) Non Competitive Procurement, “Where there is only one source of supply for the goods to be purchased; and, That the capital costs for Milliken Mills Branch be funded from capital project 20139, Milliken Mills Community Centre Lobby Enhancement, GL account 500-101-5399-20139, which has an available budget of $280,000.00; and, That the remaining budget in the amount of $102,678.33 ($280,000.00 – $177,321.67) shall remain in the capital project 20139, Milliken Mills Community Centre Lobby Enhancement, to fund the budget shortfall of the

That the report entitled “Tender 133-T-21 Milliken Mills Lobby Enhancement” be received; and, That the contract for Tender 133-T-21 Milliken Mills Lobby Enhancement be awarded to the lowest priced bidder, Fina Construction Ltd. in the amount of $540,128.05 inclusive of HST; and, That a 8% contingency in the amount of $43,210.24 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the capital cost of $583,338.29 ($540,128.05 + $43,210.24) be funded from capital project GL account 500-101-5399-20139 – Milliken Mills Lobby Enhancement, as summarized in the Financial Considerations section, with budget available of $306,940.00; and, That the budget shortfall in the amount of $276,398.29 ($583,338.29 - $306,940.00) be funded from the favourable budget available in the amount of $102,678.00 for the sorter component under the same project and the remaining shortfall in the amount of $173,720.29 from the Facility Ramp Up Reserve Contingency, with a current balance of $28,686,848; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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

That the Deputation by Gabe Di Martino, Trinity Point & BiLD, regarding the proposed amendments to the Development and Building Fee By-laws be received; and, That the written submission from Victoria Mortelliti, and Gabe Di Martino, BiLD, regarding the proposed amendments to the Development and Building Fee By-laws be received; and, That the Record of the Public Meeting held on November 30, 2021, with respect to the proposed amendments to the Development and Building Fee By- laws be received; and, That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘A’, be enacted; and, That By-law 2020-140, as amended be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Appendix ‘B’, be enacted; and, That the By-laws come into force and take effect on January 1, 2022; and further, That Staff be authorized and directed to do all thing necessary to give effect to this resolution. (By-laws 2021-113 and 2021-114)

That the report of the Development Services Committee be received & adopted. (Items 1 to 4):

That the report dated December 6, 2021, titled “Recommendation Report, Heritage Permit Application, 4450 Highway 7 East, Unionville, Exterior Painting File: HE 21 140321, Ward 3”, be received; and, That the painting of the original brick surface is not supported and the Heritage Permit application be denied; and, That the paint be removed from the brick surface; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report dated December 6, 2021 and titled “RECOMMENDATION REPORT, Applications for Zoning By-law Amendment and Draft Plan of Subdivision submitted by 2697415 Ontario Inc. to permit a 2-storey multi-unit industrial building at 5560 14 th Avenue (Ward 7), File No. PLAN 20 116893”, be received; and, That the record of the Public Meeting held on October 5, 2021 respecting the Zoning By-law Amendment and Draft Plan of Subdivision submitted by 2697415 Ontario Inc. to permit a 2-storey multi-unit industrial building at 5560 14 th Avenue (Ward 7), be received; and, That the Zoning By-law Amendment application (PLAN 20 116893) submitted by 2697415 Ontario Inc.to permit a 2-storey multi-unit industrial building at 5560 14 th Avenue (Ward 7) be approved and enacted by Council at a later date, without further notice, once the by-law has been finalized; and, That the Draft Plan of Subdivision 19TM-21008 (PLAN20 116893) be approved, subject to Council’s approval of the Zoning Bylaw Amendment (PLAN 20 116893) and the conditions set out in Appendix ‘B’ of this report; and, That the Director of Planning and Urban Design or his designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix “B” of this report as may be amended by the Director of Planning and Urban Design or his designate; and, That Draft Plan Approval for Plan of Subdivision 19TM-21008 will lapse after a period of three (3) years from the date of issuance in the event that

That the staff report dated December 6, 2021 titled “Recommendation Report, 4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd. , Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit a residential subdivision including mixed use multi-storey development blocks at 4551 Elgin Mills Road East, 10225 – 10227 Kennedy Road and 4638 Major Mackenzie Drive East (Ward 6), File No.: PLAN 20 113780,” be received; and, That in accordance with the provisions of subsections 45 (1.4) of the Planning Act , R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and, That the application submitted by 4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd. to amend Zoning By-law 304-87, as amended, be approved and the draft Zoning By-law attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and, That Draft Plan of Subdivision 19TM-20002 be approved in principle, subject to the conditions set out in Appendix ‘B’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to staff’s satisfaction; and,

That the Report dated November 22, 2021 entitled “The Markham Innovation District (MiX) Next Steps” be received; and, That Council approve the terms of reference for the Consultant work necessary to initiate the development of the MiX; and, That the award of the contract for the Lead Consultant be awarded to Urban Strategies Inc. in the amount of $136,000.00 inclusive of HST impact; and, That the tendering process for the Lead Consultant be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and, That Staff undertake a formal procurement process for the various sub-consultants (Development Model, Servicing Study, and Market Guidance Study) as per the Purchasing Bylaw # 2017-8 with the awards not to exceed $285,000.00; and, That the cost for the Lead Consultant and Sub-Consultant in the amount of $421,000.00 ($136,000.00 + $285,000.00) be funded from the Markham Innovation Exchange budget account 610-101-5699-20290 with a budget available of $460,000.000; and, That the remaining balance in the amount of $39,000.00 ($460,000.00 - $421,000.00) remain in the account until completion of the project; and further, That Staff be directed to do all things necessary to give effect to this resolution.

That the report of the General Committee be received & adopted save and except for Item Nos. 8.4.2; 8.4.3 and 8.4.4:

That the report “Extension of Contract 022-R-14 for the Supply, Installation and Maintenance of Water Meters” be received; and, That the contract for the supply, installation and maintenance of water meters be extended for 4 years and 11 month term from February 1, 2022 to December 31, 2026 in the estimated annual contract amount of $1,662,952.36, inclusive of HST; and, February 2022 – December 2022 - $1,524,373.00 (11 months) January 2023 – December 2023 - $1,662,952.36* January 2024 – December 2024 - $1,662,952.36* January 2025 – December 2025 - $1,662,952.36* January 2026 – December 2026 - $1,662,952.36* Total $8,176,182.44 *Subject to an annual increase based on the Consumer Price Index (Ontario All-items); and That Staff be authorized to amend the award amounts in years 2022-2026 to reflect changes to the Capital and Operating Budget accounts as approved by Council during the annual budget process; and, That the tendering process be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the presentation entitled “Municipal Election Contribution Rebate Program” dated December 7, 2021 be received; and, That the City of Markham’s Election Candidate Contribution Rebate Program’s (CCRP) enabling by-law (By-law 2018-17) be amended to: Restrict rebates to Markham voters and Permanent Residents of Canada residing in Markham; Lower the maximum rebate cap per person from $350 to $150; That the rebate application form confirm that the applicant is an eligible voter in Markham or a Permanent Resident of Canada residing in Markham; and, That any future changes to the CCRP be proposed within two years of the previous municipal election at the latest; and, That the Province of Ontario be requested to expand eligibility for political contribution income tax credits to include contributions made to municipal election candidates; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-121)

That the presentation by Jeff Baker, Supervisor of Business Licensing and Standards dated December 7, 2020 and entitled “Regulation of Private Transportation Companies (PTCs) in Markham” be received; and, That the memorandum entitled “Supplementary Memo – Follow-Up to the March 2, 2020 General Committee Regarding the Licensing of Private Transportation Companies (PTC’s)” be received; and; That the report dated March 2, 2020, entitled “Licensing of Private Transportation Companies (PTCs) and Associated Amendments to the Mobile Licensing By-law” be received; and, That the email dated November 22, 2021 from Jake Brockman, on behalf of Uber Canada, providing comments regarding the Licensing of PTCs be received; and, That the proposed amendments to the Mobile Licensing By-law 2012-92 to add a Schedule 8 (relating to the regulation of PTCs) attached as Appendix “F” be adopted; and, That the proposed amendments to Schedule 6 of the Mobile Licensing By-law 2012-92 (relating to the Licensing, Regulation and Governing of Taxicab Brokers, Owners and Drivers) attached as Appendix “G” be adopted; and, That the proposed amendments to Schedule 4 of the Mobile Licensing By-law 2012-92 (relating to the Licensing and Regulation of Owners and Drivers of Limousines) attached as Appendix “H” be adopted; and, That the proposed amendments to By-law 2012-92 take effect on April 1, 2022; and, That the proposed amendments to the Licensing, Permit and Fees By-law 2012-137 be adopted; and, That staff re

That by-law 2021-120, respecting the appointment of a Chief Building Official, Deputy Chief Building Officials and to delegate Council authority to appoint inspectors to the Chief Building Official, for the enforcement of the Building Code Act, 1992 and Building Code be approved; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-120)

Council consented to re-open the matter for consideration.

That the minutes and notes of the November 16, 2021 Markham Sub-Committee meeting be received for information purposes; and, That the report entitled “Swan Lake Water Quality Management Plan” be received; and, That Staff implement the Plan presented as Option 1 including proposed Core and new Complementary measures beginning in 2023; and, That an additional $2.35M over 25 years be reflected in the 2022 Lifecycle Reserve Update; and, That an additional $10K be added to the 2022 Budget for geese relocation, and fish management at Swan Lake; and, That staff be given discretion to advance three low-cost programs (<$90k) into Phase 1 (initial 5 years), including: i) Research into chloride solutions ii) planting submerged plants iii) incorporation of the fish management plan and fish stocking That Staff report back annually on water quality results and evaluation of adapted Core and Complementary measures for consideration in Phase 2 of the strategy through the Markham Sub Committee with the participation of the Friends of Swan Lake Park in today's presentation and other concerns, including high level lake water flow analysis; and, That staff report back to the Markham Sub Committee within the next 6 months (before the end of June) to discuss suggestions in Friends of Swan Lake Park in today’s presentation and other concerns that have arisen; and further, That staff be directed to consider longer-term actions to achieve and maintain restoration; and further, That Staff be authorize

Council had before it the following proposed amendments for consideration: 6. That staff be given discretion to advance three low-cost programs (<$90k) into Phase 1 (initial 5 years), including: i) Research into chloride solutions ii) planting submerged plants iii) incorporation of the fish management plan and fish stocking and: 9. That staff be directed to consider longer-term actions to achieve and maintain restoration; and further,

That the minutes from the November 18, 2021, 2022 Water/Wastewater Rate Public Consultation meeting be received; and, That the 2022 City of Markham’s (“City”) water/wastewater rate be increased by 3.3% or $0.1483/m3 from $4.4680/m3 to $4.6163/m3 effective April 1, 2022; and, That the Reserve Recovery incremental rate increase be phased in over a 4-year period at $0.0196/m3 annually from 2023 to 2026; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-112)

That the report dated December 14, 2022 titled, “2022 Operating and Capital Budgets” be received; and, That Council approve the 2022 Primary Operating Budget for City services of $253,146,615, (excluding the 2022 surplus/deficit), as detailed in Appendix 1; and, That Council approve a $3,150,000 transfer from the Corporate Rate Stabilization to provide funding for the remaining 2021 budget shortfall in the 2022 Primary Operating Budget; and, That Council approve the remaining 2022 Capital Budget of $106,050,749 ($95,546,449 + $10,504,300) for a total of $110,263,500 ($106,050,749 + $4,212,751 pre-approved), as per projects detailed in Appendix 2; and, That Council approve the 2022 Planning & Design Operating Budget totalling $12,828,142, as detailed in Appendix 3; and, That Council approve the 2022 Engineering Operating Budget totalling $10,161,738, as detailed in Appendix 4; and, That Council approve the 2022 Building Standards Operating Budget totalling $9,880,206, as detailed in Appendix 5; and, That Council approve the 2022 Waterworks Operating Budget totalling $137,438,127 (excluding the 2021 surplus/deficit), as detailed in Appendix 6; and, That Council approve a Community Improvement Project for $6,244,700 and a Public Art Acquisition project for $4,259,600; and, That upon finalization of the 2021 audited financial statements, 2022 operating budgets be adjusted to reflect 2021 operating results; and, That a copy of the budgets be made available to the public through th

That the correspondence from the Regional Municipality of Durham dated October 5, 2021, requesting a Markham City Council resolution related to 311 routing be received; and, That Markham City Council has no objection to the routing of 311 dialed calls originating from the overlap that exists between the City of Markham and the geographical area of the Regional Municipality of Durham provided that where callers (customers, residents, and businesses) of the Region of Durham dial 311 erroneously from within these exchanges, they will be given an option of being transferred to Markham’s Contact Centre; and further, That staff be authorized to do all things necessary to give effect to this resolution.

That By-laws 2021-111 to 2021-122 and 2021-124 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 5:13 pm: 14.1 COUNCIL 14.1.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 23, 2021 [Section 239 (2) (b) (c) (e) (f)] (16.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24) [SECTION 239 (2)(b)] 14.1.3 APPROVAL OF CONFIDENTIAL BUDGET COMMITTEE MEETING MINUTES - DECEMBER 3, 2021 [Section 239 (2) (b) (c) (e) (f)] (16.0) 14.1.4 APPROVAL OF CONFIDENTIAL BUDGET COMMITTEE MEETING MINUTES - OCTOBER 13, 2021 [Section 239 (2) (b) (c) (e) (f)] (16.0) 14.2 DEVELOPMENT SERVICES COMMITTEE - DECEMBER 6, 2021 14.2.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4) [Section 239 (2) (e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS 14.2.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2)(e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS 14.2.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4) [Section 239 (2) (e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS 14.3 GENERAL COMMITTEE - DECEMBER 7, 2021 14.3.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITIO

That Council rise from Confidential session at 6:43 PM

That the confidential Council minutes of November 23, 2021 Council meeting, be adopted.

1) That the following persons be appointed to the Animal Care Committee with a term expiry as indicated: NAME TERM EXPIRY Filandro Fernandes November 30, 2024 Curtis Bekking November 30, 2024 Cathy McKnight November 30, 2024 2) That the following person be re-appointed to the Seniors Advisory Committee with a term expiry as indicated: NAME TERM EXPIRY Diane Gabay November 14, 2022 3) That the resignation of Nadine Pinto from the Environmental Advisory Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

That the confidential minutes of December 3, 2021 Budget Committee meeting, be adopted.

That the confidential minutes of October 13, 2021 Budget Committee meeting, be adopted.

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (Ward 4), and, advice that is subject to solicitor-client privilege including communications necessary for that purpose; Request for Direction regarding 11 and 15 Grandview Boulevard (Ward 4) OLT Appeal,” be received; and, That Staff do all things necessary to give effect to these resolutions.

That this report entitled “Confidential Report re OLT Appeal of Heritage Permit Application for a Fence 3 Victoria Lane, Unionville (Ward 3)” be received; and, That the City Solicitor be directed to oppose the Ontario Land Tribunal Appeal of the Heritage Permit conditions for 3 Victoria Lane required by Council at its meeting of November 10, 2020; and, That the City Solicitor be directed to retain an external land use planner or architect with heritage expertise to defend Council’s position; and, That the foregoing resolutions be reported out in the public Council meeting on December 14, 2021; and further, 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; (Ward 4) and, advice that is subject to solicitor-client privilege including communications necessary for that purpose; Request for Direction regarding 7 Town Crier Lane OLT Appeal,” be received; and, That Staff do all things necessary to give effect to these resolutions.

That the report entitled “Reporting Out of Real Property Acquisitions – 55 and 85 Torbay Road” be received; and, That Staff be authorized and directed to take the actions set out in this report; and further, That the report entitled “Reporting Out of Real Property Acqusitions - 55 and 85 Torbay Road” and the foregoing resolutions be reported out at the next public Council meeting.

That the report entitled “Reporting Out of Real Property Acquisition – 2743 19 th Avenue, Markham” be received; and, That Staff be authorized and directed to take the actions set out in this report; and further, That the report entitled “Reporting Out of Real Property Acquisition – 2743 19th Avenue, Markham” and the foregoing resolutions be reported out at the next public Council meeting.

That the confidential presentation dated December 14, 2021 on information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them, be received; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report be received; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That By-law 2021-123 be given three readings and enacted. Three Readings BY-LAW 2021-123 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 14, 2021

That the Council meeting be adjourned at 6:56 pm.

4 1. That the Minutes of the Budget Committee Meeting held on October 13, 20, 22 and November 2, 2021, be adopted.

5 1. That the deputation of Fred Peters be received.

That the following communications providing comments regarding GTA West Corridor (413 Highway) be received for information purposes: 1. Gloria Marsh, York Region Environmental Alliance 6 2. Stuart Cumner and Patricia Hektor 3. Michelle Meandro 4. Louisa Santoro (See Item 11.2, New/Other Business for Council's decision on this matter.)

That the following communications providing comments regarding GTA West Corridor (413 Highway) be received for information purposes: 1. Angela Grella 2. Dan O'Reilly 3. Tony Malfara 4. Tom Chan 5. Corie Bonnaffon, Grandview Area Residents Association (See Item 11.2, New/Other Business for Council's decision on this matter.)

That the following communications providing comments be received for information purposes: 1. Andrew Yu 2. Alex Greco, Public Affairs Association of Canada Ontario Chapter 3. Corie Bonnaffon, Grandview Area Residents Association (See Item 8.4.4, Report 43 for Council's decision on this matter.)

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. World AIDS Day - December 1, 2021 b. Human Rights Day - December 10, 2021

1. That the report entitled “Municipal Capital Facilities - Reesor Park Seasonal Tennis Bubbles” be received; and, 2. That, further to the City entering into a lease agreement (the “Lease”) with Premier Racquet Clubs Markham Corp. (the “Tenant”) for that part of the lands municipally known as 73 Wootten Way N, Markham, depicted in Appendix “A” (the “Reesor Park Tennis Bubbles Lands”), a by-law be passed pursuant to Section 110 of the Municipal Act, 2001 in a form substantially similar to the draft by-law attached as Appendix “B” to: a. Authorize the City to enter into a Municipal Capital Facility Agreement (the “MCF Agreement”), and any and all associated or related agreements, with the Tenant for the provision of municipal capital facilities at the Reesor Park Tennis Bubbles Lands; and b. Exempt the Reesor Park Tennis Bubbles Lands from taxation for municipal, regional and education purposes. Tax exemption is to be effective from the later of the following dates: (i) the commencement date of the lease; (ii) the date the Municipal Capital Facility Agreement is signed; (iii) or the date the tax exemption by-law is enacted; and, 3. That further to the City and The Tenant entering into the Lease, Council declares that the Reesor Park Tennis Bubbles Lands are for 11 the purposes of the municipality and are for public use as more particularly set out in the Lease; and, 4. That subject to the by-law described in Recommendation #2 being passed, the City Clerk be directed to give wri

1. That the report dated November 29, 2021 titled “Status of Capital Projects as of September 30, 2021” be received; and, 2. That the Projects Completed within Scope with Surplus Funds and the Projects Completed within Scope without Surplus Funds, as identified on Exhibit B, be approved for closure and funds in the amount of $1,914,897 be transferred to the original sources of funding as identified on Exhibit B; and, 3. That the Projects Closed and Not or Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $856,389 be transferred to the original sources of funding as identified in Exhibit C; and, 4. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $486,404 to the approved amount of $250,000; and, 5. That the Engineering Capital Contingency Project be topped up from the Development Charges - City-Wide Hard Reserve by $224,966 to the approved amount of $100,000; and, 12 6. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $33,634 to the approved amount of $100,000; and, 7. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $54,020 to the approved amount of $100,000; and, 8. That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $339,967 be received; and, 9. That a ne

13 1. That the report entitled “ School Crossing Guard Program Contract Extension (City Wide)” be received; and, 2. That the tendering process be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and, 3. That the contract for school crossing guard services be extended with Staffing Services Inc. for two (2) years from September 2022 to June 2024 in the estimated amount of $1,437,507.30 (inclusive of HST); and, o $ 718,753.65 September 2022 – June 2023 o $ 718,753.65 September 2023 – June 2024 o $1,437,507.30 Total (Incl. of HST) 4. That the award be funded from Operating Budget # 740-998-5642 “School Crossing Guards”; and, 5. That the Director of Engineering and Senior Manager, Procurement & Accounts Payable be authorized to exercise the option to renew the contract for two (2) additional years at the same rate subject to Council approval of the annual Operating Budgets; and, 6. That staff be authorized to amend the award amounts to reflect changes to the crossing guard operating budget account as approved by Council during the annual budgeting process; and further, 7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Tender 066-T-21 Shade Structure and Rubberized Surface at Armadale Park” be received; and, 14 2. That the contract for Tender 066-T-21 Shade Structure & Rubberized Surface at Armadale Park be awarded to the lowest priced bidder, Landco Group Inc. in the amount of $369,010.25, inclusive of HST; and, 3. That a 5% contingency in the amount of $18,450.51 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 4. That the estimated costs of $387,460.77 ($369,010.25 + $18,450.51) be funded from accounts as listed in the Financial Considerations section with budget available of $283,500.00; and, 5. That the budget shortfall in the amount of $103,960.77 ($387,460.77 - $283,500.00) be funded from the Development Charges - City-Wide Soft Reserve in the amount of $93,564.69 (90%) and Non-DC Growth in the amount of $10,396.08 (10%); and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Tender 174-T-21 Play Equipment Replacement & Site Work at Various Parks” be received; and, 2. That the contract for Tender Play Equipment Replacement & Site Work at Various Parks be awarded to the lowest priced bidder, J. Hoover Ltd. in the amount of $515,822.68, inclusive of HST; and, 3. That a 5% contingency in the amount of $25,791.13 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 15 4. That the estimated costs of $541,613.82 ($515,822.68 + $25,791.13) be funded from project #21130 Play Structure Replacement with budget available of $378,720.00; and, 5. That the budget shortfall in the amount of $162,893.82 ($541,613.82 - $378,720.00) be funded from the Life Cycle Capital and Replacement Reserve; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “ 201-S-21 Automated Material Handling Equipment for Milliken Mills, Unionville and Thornhill Community Centre Libraries” be received; and, 2. That staff be authorized to award a contract to Bibliotheca Canada Inc. for Milliken Mills Branch for one (1) flex AMH System 5-bin sorter with one (1) patron return and one (1) staff induction station in the amount of $177,321.67 (including freight, installation, training and HST impact); and, 3. That staff be authorized to award a contract to Bibliotheca Canada Inc. for Unionville Branch for two (2) self-check kiosks and Thornhill Community Centre Branch for two (2) self-check kiosks and one (1) flex AMH System 9-bin sorter with one (1) patron return and one (1) staff induction station in the amount of $308,424.01 (including freight, installation, training and HST impact); and, 4. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (b) Non Competitive Procurement, “Where there is only one source of supply for the goods to be purchased; and, 5. That the capital costs for Milliken Mills Branch be funded from capital project 20139, Milliken Mills Community Centre Lobby 16 Enhancement, GL account 500-101-5399-20139, which has an available budget of $280,000.00; and, 6. That the remaining budget in the amount of $102,678.33 ($280,000.00 – $177,321.67) shall remain in the capital project 20139, Milliken Mills Community Centre Lobby Enhancement, to fund the budg

1. That the report entitled “Tender 133-T-21 Milliken Mills Lobby Enhancement” be received; and, 2. That the contract for Tender 133-T-21 Milliken Mills Lobby Enhancement be awarded to the lowest priced bidder, Fina Construction Ltd. in the amount of $540,128.05 inclusive of HST; and, 17 3. That a 8% contingency in the amount of $43,210.24 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 4. That the capital cost of $583,338.29 ($540,128.05 + $43,210.24) be funded from capital project GL account 500-101-5399-20139 – Milliken Mills Lobby Enhancement, as summarized in the Financial Considerations section, with budget available of $306,940.00; and, 5. That the budget shortfall in the amount of $276,398.29 ($583,338.29 - $306,940.00) be funded from the favourable budget available in the amount of $102,678.00 for the sorter component under the same project and the remaining shortfall in the amount of $173,720.29 from the Facility Ramp Up Reserve Contingency, with a current balance of $28,686,848; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the Deputation by Gabe Di Martino, Trinity Point & BiLD, regarding the proposed amendments to the Development and Building Fee By-laws be received; and, 18 2. That the written submission from Victoria Mortelliti, and Gabe Di Martino, BiLD, regarding the proposed amendments to the Development and Building Fee By-laws be received; and, 3. That the Record of the Public Meeting held on November 30, 2021, with respect to the proposed amendments to the Development and Building Fee By- laws be received; and, 4. That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘A’, be enacted; and, 5. That By-law 2020-140, as amended be repealed and the attached “By- law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Appendix ‘B’, be enacted; and, 6. That the By-laws come into force and take effect on January 1, 2022; and further, 7. That Staff be authorized and directed to do all thing necessary to give effect to this resolution. (By-laws 2021-113 and 2021-114)

19 1. That the report dated December 6, 2021, titled “Recommendation Report, Heritage Permit Application, 4450 Highway 7 East, Unionville, Exterior Painting File: HE 21 140321, Ward 3”, be received; and, 2. That the painting of the original brick surface is not supported and the Heritage Permit application be denied; and, 3. That the paint be removed from the brick surface; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report dated December 6, 2021 and titled “RECOMMENDATION REPORT, Applications for Zoning By-law Amendment and Draft Plan of Subdivision submitted by 2697415 Ontario Inc. to permit a 2-storey multi-unit industrial building at 5560 14th Avenue (Ward 7), File No. PLAN 20 116893”, be received; and, 2. That the record of the Public Meeting held on October 5, 2021 respecting the Zoning By-law Amendment and Draft Plan of Subdivision submitted by 2697415 Ontario Inc. to permit a 2-storey multi-unit industrial building at 5560 14th Avenue (Ward 7), be received; and, 3. That the Zoning By-law Amendment application (PLAN 20 116893) submitted by 2697415 Ontario Inc.to permit a 2-storey multi-unit industrial building at 5560 14th Avenue (Ward 7) be approved and enacted by Council at a later date, without further notice, once the by- law has been finalized; and, 4. That the Draft Plan of Subdivision 19TM-21008 (PLAN20 116893) be approved, subject to Council’s approval of the Zoning Bylaw 20 Amendment (PLAN 20 116893) and the conditions set out in Appendix ‘B’ of this report; and, 5. That the Director of Planning and Urban Design or his designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix “B” of this report as may be amended by the Director of Planning and Urban Design or his designate; and, 6. That Draft Plan Approval for Plan of Subdivision 19TM-21008 will lapse after a period of three (3) years from the date of issuance

21 1. That the staff report dated December 6, 2021 titled “Recommendation Report, 4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd., Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit a residential subdivision including mixed use multi-storey development blocks at 4551 Elgin Mills Road East, 10225 – 10227 Kennedy Road and 4638 Major Mackenzie Drive East (Ward 6), File No.: PLAN 20 113780,” be received; and, 2. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and, 3. That the application submitted by 4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd. to amend Zoning By-law 304-87, as amended, be approved and the draft Zoning By-law attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and, 4. That Draft Plan of Subdivision 19TM-20002 be approved in principle, subject to the conditions set out in Appendix ‘B’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to staff’s satisf

1. That the report “Extension of Contract 022-R-14 for the Supply, Installation and Maintenance of Water Meters” be received; and, 2. That the contract for the supply, installation and maintenance of water meters be extended for 4 years and 11 month term from February 1, 2022 to December 31, 2026 in the estimated annual contract amount of $1,662,952.36, inclusive of HST; and, o February 2022 – December 2022 - $1,524,373.00 (11 months) o January 2023 – December 2023 - $1,662,952.36* o January 2024 – December 2024 - $1,662,952.36* o January 2025 – December 2025 - $1,662,952.36* o January 2026 – December 2026 - $1,662,952.36* o Total $8,176,182.44 o *Subject to an annual increase based on the Consumer Price Index (Ontario All-items); and 3. That Staff be authorized to amend the award amounts in years 2022- 2026 to reflect changes to the Capital and Operating Budget accounts as approved by Council during the annual budget process; and, 4. That the tendering process be waived in accordance with the City’s Purchasing By-law # 2017-8, Part II, Section 11.1(c), Non Competitive Procurement which states, “when the extension of an existing Contract would prove more cost-effective or beneficial”; and further, 24 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That by-law 2021-120, respecting the appointment of a Chief Building Official, Deputy Chief Building Officials and to delegate Council authority to appoint inspectors to the Chief Building Official, for the enforcement of the Building Code Act, 1992 and Building Code be approved; and, 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 31 (By-law 2021-120)

1. That the minutes and notes of the November 16, 2021 Markham Sub- Committee meeting be received for information purposes; and, 2. That the report entitled “Swan Lake Water Quality Management Plan” be received; and, 3. That Staff implement the Plan presented as Option 1 including proposed Core and new Complementary measures beginning in 2023; and, 4. That an additional $2.35M over 25 years be reflected in the 2022 Lifecycle Reserve Update; and, 5. That an additional $10K be added to the 2022 Budget for geese relocation, and fish management at Swan Lake; and, 6. That staff be given discretion to advance three low-cost programs (<$90k) into Phase 1 (initial 5 years), including: i) Research into chloride solutions ii) planting submerged plants iii) incorporation of the fish management plan and fish stocking 7. That Staff report back annually on water quality results and evaluation of adapted Core and Complementary measures for consideration in 32 Phase 2 of the strategy through the Markham Sub Committee with the participation of the Friends of Swan Lake Park in today's presentation and other concerns, including high level lake water flow analysis; and, 8. That staff report back to the Markham Sub Committee within the next 6 months (before the end of June) to discuss suggestions in Friends of Swan Lake Park in today’s presentation and other concerns that have arisen; and further, 9. That staff be directed to consider longer-term actions to achieve and maintain restoration; and f

1. That the minutes from the November 18, 2021, 2022 Water/Wastewater Rate Public Consultation meeting be received; and, 2. That the 2022 City of Markham’s (“City”) water/wastewater rate be increased by 3.3% or $0.1483/m3 from $4.4680/m3 to $4.6163/m3 effective April 1, 2022; and, 34 3. That the Reserve Recovery incremental rate increase be phased in over a 4- year period at $0.0196/m3 annually from 2023 to 2026; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-112)

CONTEXT AND HISTORY 1. Whereas the Province of Ontario initiated an Environment Assessment process in 2007 for the planning and construction of the proposed Highway 413; and, 2. Whereas the final recommendation of the Stage 1 Provincial Environmental Assessment (2012) was to first put in place the transportation system management components, rapid transit, freight rail improvements and expansion of existing highways prior to construction of a new expressway; and, 3. Whereas the Stage 2 Environmental Assessment (new expressway) undertaken by the previous provincial government was shelved because of strong objections by an Expert Panel in the fields of rural development, renewable cities, agriculture, environment, and efficient transportation who sounded alarms over predicted irreversible ecological harm caused by the uncontrolled, low density urban sprawl enabled by the Corridor; and, 4. Whereas the current Provincial Government revived the $6+ billion Highway 413 proposal in 2018, saying it could relieve congestion issues in the fast- growing Toronto suburbs and boost Ontario’s economy; and, 5. Whereas concerned citizens of Markham and a significant number of reputable organizations have demanded cancellation of the Highway 413 project, including: Environmental Defense, the David Suzuki Foundation, the Federation of Urban Neighborhoods, Gravel Watch, Halton Environmental Network, National Farmers’ Union-Ontario, Rescue Lake Simcoe Coalition, Sustainable Vaughan, Concerned Cit

1. That the report dated December 14, 2022 titled, “2022 Operating and Capital Budgets” be received; and, 41 2. That Council approve the 2022 Primary Operating Budget for City services of $253,146,615, (excluding the 2022 surplus/deficit), as detailed in Appendix 1; and, 3. That Council approve a $3,150,000 transfer from the Corporate Rate Stabilization to provide funding for the remaining 2021 budget shortfall in the 2022 Primary Operating Budget; and, 4. That Council approve the remaining 2022 Capital Budget of $106,050,749 ($95,546,449 + $10,504,300) for a total of $110,263,500 ($106,050,749 + $4,212,751 pre-approved), as per projects detailed in Appendix 2; and, 5. That Council approve the 2022 Planning & Design Operating Budget totalling $12,828,142, as detailed in Appendix 3; and, 6. That Council approve the 2022 Engineering Operating Budget totalling $10,161,738, as detailed in Appendix 4; and, 7. That Council approve the 2022 Building Standards Operating Budget totalling $9,880,206, as detailed in Appendix 5; and, 8. That Council approve the 2022 Waterworks Operating Budget totalling $137,438,127 (excluding the 2021 surplus/deficit), as detailed in Appendix 6; and, 9. That Council approve a Community Improvement Project for $6,244,700 and a Public Art Acquisition project for $4,259,600; and, 10. That upon finalization of the 2021 audited financial statements, 2022 operating budgets be adjusted to reflect 2021 operating results; and, 11. That a copy of the budgets be m

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 5:13 pm: 14.1 COUNCIL 14.1.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 23, 2021 [Section 239 (2) (b) (c) (e) (f)] (16.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.24) [SECTION 239 (2)(b)] 14.1.3 APPROVAL OF CONFIDENTIAL BUDGET COMMITTEE MEETING MINUTES - DECEMBER 3, 2021 [Section 239 (2) (b) (c) (e) (f)] (16.0) 14.1.4 APPROVAL OF CONFIDENTIAL BUDGET COMMITTEE MEETING MINUTES - OCTOBER 13, 2021 [Section 239 (2) (b) (c) (e) (f)] (16.0) 14.2 DEVELOPMENT SERVICES COMMITTEE - DECEMBER 6, 2021 14.2.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4) [Section 239 (2) (e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS 14.2.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2)(e)] 46 ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS 14.2.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4) [Section 239 (2) (e)] ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATIONS 14.3 GENERAL COMMITTEE - DECEMBER 7, 2021 14.3.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSIT

48 1. That the confidential minutes of December 3, 2021 Budget Committee meeting, be adopted.

1. That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (Ward 4) and, advice that is subject to 50 solicitor-client privilege including communications necessary for that purpose; Request for Direction regarding 7 Town Crier Lane OLT Appeal,” be received; and, 2. That Staff do all things necessary to give effect to these resolutions.

1. That the report entitled “Reporting Out of Real Property Acquisition – 2743 19th Avenue, Markham” be received; and, 2. That Staff be authorized and directed to take the actions set out in this report; and further, 51 3. That the report entitled “Reporting Out of Real Property Acquisition – 2743 19th Avenue, Markham” and the foregoing resolutions be reported out at the next public Council meeting.

1. That the confidential report be received; and, 52 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the Council meeting be adjourned at 6:56 pm. 53