Council Meeting

That the Minutes of the March 10, 2020 Council Meeting and March 27, 2020 Special Council meeting be adopted.

That the deputation of Peter Miasek be received.

That the memorandum entitled “Hold Removal By-law Angus Glen Village Ltd., 4071, 4073 and 4289 Major Mackenzie Drive East, File No. HOLD 20 112414, dated April 28, 2020 be received; That the attached Zoning By-law to remove the holding provision from zoning of the Angus Glen Village (Brownstones) lands at 4071, 4073 and 4289 Major Mackenzie Drive East, be approved; That servicing allocation for one hundred seventy three (173) dwelling units be assigned to the subject development; That the City reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner; and further; That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2020-34)

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, 2020 National Wildlife Week - April 6 - 10, 2020 Human Values Day - April 24, 2020 Be Kind to Animals Week - May 3 - 9, 2020 RETT Syndrome Awareness Month - October, 2020 Animal Health Week - October 4 -10, 2020 That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: Be Kind To One Another Days: Celebrating Super Heroes 2020 - May 18-24, 2020

That the report of the Development Services Committee be received & adopted, save and except for Item 8.1.2:

That the ground sign variance application by Markham Subaru at 9401 Markham Road, Application No. 19.112248.000.00.SP, BE DENIED; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Recovery of Payment for Construction of Storm and Sanitary Sewer System on Houghton Boulevard (Ward 4)” be received; and, That the Finance Department recover the total project cost of $387,250.00 for the installation of storm and sanitary sewers and service connections to the property line (including construction costs, engineering and contract administration fees) for the subject properties equally and that the following items be approved; and, Council enacts a Local Sewer Fee By-Law pursuant to Section 391 of the Municipal Act 2001 for the recovery of costs associated with the storm and sanitary sewer installation substantially in the form attached as per Attachment ‘A’ – Local Sewer Fee By-law; Costs per lot be paid either as a one-time payment or annual payment up to a maximum of 10 years accruing interests at the same rate as the York Region 10 Year Debenture Rate, 3.00% starting in 2020 and ending in 2029; There will be no interest payable if the costs per lot are paid in full with a one-time payment by June 30, 2020 ; The collected funds for the storm and sanitary local sewers be reimbursed to the Life Cycle Replacement and Capital Reserve Fund; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2020-29)

That the report of the General Committee be received & adopted, save and except for items 8.2.9 . 8.2.10 and 8.2.12:

That the presentation titled “2019 Consolidated Financial Statements” be received; and, That the report titled “2019 Consolidated Financial Statements” be received; and, That Council approve the draft Consolidated Financial Statements of The Corporation of the City of Markham (the City), including Community Boards, Business Improvement Areas (BIAs) , and Investment in Markham Enterprises Corporation (MEC), for the fiscal year ended December 31, 2019; and, That Council authorize Staff to publish the final audited Statements for the fiscal year ended December 31, 2019 upon receiving the Independent Auditors’ Report; and, That the KPMG LLP Audit Findings Report for the year ended December 31, 2019 be received; and, That this matter be forwarded to Council for adoption on April 28, 2020; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “2019 Year-End Review of Operations ” be received; and, That the City’s 2019 net favourable variance of $3.04M be transferred to the Corporate Rate Stabilization Reserve; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “Development Charges December 31, 2019 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997 , as amended ; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Development Charge Interest Policy” be received; and, That the “Development Charge Interest Policy”, attached as Appendix A, be adopted by Council; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Tender 060-T-20 Thornhill Community Centre Parking Lot Light Poles Replacement” be received; and, That the contract for " Tender 060-T-20 Thornhill Community Centre Parking Lot Light Poles Replacement” be awarded to the lowest priced bidder, CM Lighting Maintenance Ltd., in the amount of $151,113.60, inclusive of HST; and, That the estimated cost of $18,000 (including HST) for temporary light towers starting from January 2020 until completion of project in October 1, 2020 along with the above tender award for a total cost of $169,113.60 be funded from the Life Cycle Replacement & Capital Reserve; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution

That the report entitled “Award of Construction Tender 014-T-20 Bayview Glen North and Laureleaf Road Cast Iron Watermain Replacement” be received; and, That the contract for Tender 014-T-20 Bayview Glen North and Laureleaf Road Cast Iron Watermain Replacement be awarded to the lowest priced Bidder, Sam Rabito Construction Ltd. in the amount of $5,656,644.04, inclusive of HST; and, That a 3% contingency in the amount of $169,699.32 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the construction award in the amount of $5,826,343.36 ($5,656,644.04 + $169,699.32) be funded from the capital project 053-6150-20257 “CI Watermain Replacement – Construction & CA” with budget available of $5,447,381.00; and, That the shortfall of $378,962.36 be funded through Waterworks Stabilization/Capital Reserve; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report “Award of Contract #023-R-20 Plumbing Services for various City of Markham locations on an as required basis” be received; and, That the contract be awarded to the highest ranked / lowest priced bidder, Saunders Plumbing and Heating Inc. in the estimated annual amount of $120,000.00 inclusive of HST; and, That Staff be authorized to extend the contract for three (3) additional years (2021-2023) in the estimated annual amount of $120,000 inclusive of HST, subject to supplier performance; and, That the contract be funded from various City Departments’ operating budgets on an as-required basis; and, That the award amounts in 2021 to 2023 be subject to Council approval of the respective annual operating budgets and that the award amounts be amended to reflect changes to the various departments’ budget accounts as approved by Council during the annual budget process; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That as the COVID-19 declared emergency suspended General Committee gatherings, Council acknowledge that the report titled “Annual Water Quality Report (January-December 2019)” was delivered to Council through a Monday March 30, 2020 email from Brenda Librecz Commissioner, Community and Fire Services to meet provincial regulation 170/03 (under the Safe Drinking Water Act, 2002); and, That as Council resumes the report titled “Annual Water Quality Report (January-December 2019)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002 , enclosed herein be officially received; and, That the Annual 2019 Regulatory 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 Annual 2019 Detailed Regulatory Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2020 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, “York Region District School Board – Flato Markham Theatre Shared Facility Agreement” be received; and, That the Mayor and Clerk be authorized to execute an agreement, including any amendments to the agreement, between the City and York Region District School Board (“ YRDSB ”) for the shared use, operation, maintenance and repair of portions of the Unionville High School site, the Flato Markham Theatre and the Markham Civic Centre site, provided the form of such agreement is satisfactory to the Commissioner of Corporate Services and the City Solicitor; and, That Staff be authorized to increase the Operating Budget by $44,000 to reimburse YRDSB for utility costs based on metered heating and cooling usage at the Theatre; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled, “City of Markham Comments on Bill 108 Proposed Regulatory Matters – Community Benefits Authority, Development Charges Act and Building Code Act”, dated April 20, 2020, be received; and, That this report, including the recommendations from the City of Markham on Bill 108 Proposed Regulatory Matters, be forwarded to the Minister of Municipal Affairs and Housing and to the Regional Municipality of York; and, That the City of Markham supports the following: The proposal for the regulation under the Development Charges Act, 1997; The community benefits proposed to be included within the community benefits charge regulation; The proposal for a public notice to be provided prior to the enactment of a community benefits by-law; The proposed application of an interest rate on refunds in the event of a successful appeal to a community benefits by-law; and, The proposal to add the community benefits charge authority to the applicable law list under the Building Code; That the City of Markham request that the Province: Provide municipalities with wide latitude to determine what community facilities can be supported through community benefits charges; Amend the Community Benefits Charge legislation to allow a municipality to require the conveyance of parkland in lieu of payment of a community benefits charge; Provide municipalities with a mechanism to purchase land for parkland purposes based on the appraised value of land as parkland and not the land value of a

That the matter on " City of Markham Comments on Bill 108 Proposed Regulatory Matters – Community Benefits Authority, Development Charges Act and Building Code Act ” be brought forward immediately after Deputations.

That the presentation entitled COVID-19 – Financial Impact Update be received; and, That the by-law amendments on the April 20 th Genera l Committee agenda be considered at the April 28 th Council meeting; and, That the City Treasurer report back to General Committee in May providing a financial forecast based on various scenarios; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-laws 2020-30 - 2020-33)

That the report “Destination Markham Corporation Update / Annual General Meeting Matters” be received; and, That the Mayor and City Clerk be authorized to execute an Agreement between the City of Markham and Destination Markham Corporation, substantially in the form attached to the report as “Attachment 1”, subject to the form and content of the agreement being satisfactory to the Chief Administrative Officer and the City Solicitor; and, That Destination Markham Corporation By-Law No. 1, substantially in the form attached to the report as “Attachment 2”, be approved; and, That the following eight (8) individuals be appointed to the Board of Directors of Destination Markham Corporation, to serve as independent Directors for a term of four (4) years: Ms. Aarti Patel, Mr. Chuck Thibeault, Mr. David Miller, Mr. Herman Grad, Mr. Hiren Prabhakar, Ms. Kate Seaver, Mr. Shafik Jiwani, and Ms. Susan Mandryk; and, That the following four (4) members of Council be appointed to the Board of Directors of Destination Markham Corporation, to serve as non-independent Directors for the term of Council: Mayor Frank Scarpitti, Councillor Andrew Keyes, Councillor Amanda Collucci, and Councillor Khalid Usman; and, That KPMG be approved as the auditor for Destination Markham Corporation; and, That the Mayor and City Clerk be authorized to execute operational agreements of mutual interest, as required, between the City of Markham and Destination Markham Corporation, subject to the form and content o

Council consented to vote on Clauses 4 and 5 separately. 4. That the following eight (8) individuals be appointed to the Board of Directors of Destination Markham Corporation, to serve as independent Directors for a term of four (4) years: Ms. Aarti Patel, Mr. Chuck Thibeault, Mr. David Miller, Mr. Herman Grad, Mr. Hiren Prabhakar, Ms. Kate Seaver, Mr. Shafik Jiwani, and Ms. Susan Mandryk; and, 5. That the following four (4) members of Council be appointed to the Board of Directors of Destination Markham Corporation, to serve as non-independent Directors for the term of Council: Mayor Frank Scarpitti, Councillor Andrew Keyes, Councillor Amanda Collucci, and Councillor Khalid Usman;

That the report of the Development Services Committee Meeting be received & adopted. (Items 1 to 2):

That the report titled “Recommendation Report, Demolition of Non-Heritage Portions of a Property Designated Under Part IV of the Ontario Heritage Act, 10225 Kennedy Road, Robinson Glen Secondary Plan Area, Ward 6, File No. 19 102709 DP”, dated April 21, 2020, be received; and, That Council endorse the demolition of the non-heritage portions of the dwelling known as the Homer Wilson Farmhouse; and, That the non-heritage portions of the building be carefully removed with manual demolition of selected areas adjoining the heritage building, to ensure no accidental damage by machine operation occurs; and, That a plan or description of how any openings (windows and doors) in the heritage building are to be secured once the non-heritage portions of the building have been removed be provided by the applicant, prior to the issuance of the demolition permit, to the satisfaction of the Manager of Heritage Planning; and, That any issues with openings, roofing, rain gutters/downspouts, soffits and fascia be addressed to ensure that the heritage building remains in stable condition until its future restoration occurs; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the presentation entitled "Celebrate Markham Action Plan", be received; and, That staff be authorized to approve urgent funding allocations under the Celebrate Markham Grant Program for events scheduled between April 1 and mid-July 2020 not exceeding the event amounts approved for the 2019-2020 funding cycle; and further, That staff be directed to report back with an interim status report on the 2020-2021 Celebrate Markham Action Plan by the end of May 2020.

That the Staff report entitled “Whistle Cessation (Packages 1, 2 and 3) – Project and Financial Update (Wards 3, 4, 5 & 8)”, be received; and That Purchase Order PD 18118 issued to Grascan Construction Ltd., for the construction of Whistle Cessation Package 2 be increased by $877,259.88, inclusive of HST, to cover the project overrun and delay claims for the project; and That Purchase Order PD 18210 issued to Grascan Construction Ltd., for the construction of Whistle Cessation Package 3 be increased by $102,194.95, inclusive of HST, to cover the delay claim for the project; and That the additional Engineering Department Capital Administration Fee in the amount of $102,432.34, inclusive of HST, be approved to cover the additional effort from Staff to administer the project; and That the additional project costs in the amount of $1,081,887.17 ($877,259.88 + $102,194.95 + $102,432.34) be funded from the following sources; Project 16053 Anti-Whistling - Stouffville GO Line ($412.60) Project 17038 Anti-Whistling 2017 (73,658.00) Regional Municipality of York ($170,094.42) Ramp Up Reserve ($837,722.15); and That the 2017 Engineering Department Capital Account 17038 (Anti-Whistling 2017) be increased by $1,007,816.57, inclusive of HST, from $5,433,414.50 to $6,441,231.07, as identified in recommendations 5c and 5d; and That Staff continue to review the final cost sharing summary of the project with Regional Municipality of York, and if required, the CAO be authorized to approve the

That By-law 2020-28 to 2020-34 be given three readings and enacted.

That By-law 2020-35 be given three readings and enacted. Three Readings BY-LAW 2020-35 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 28, 2020.

That the Council meeting be adjourned at 3:22 p.m.

3 1. That the Minutes of the March 10, 2020 Council Meeting and March 27, 2020 Special Council meeting be adopted.

1. That the memorandum entitled “Hold Removal By-law Angus Glen Village Ltd., 4071, 4073 and 4289 Major Mackenzie Drive East, File No. HOLD 20 112414, dated April 28, 2020 be received; 2. That the attached Zoning By-law to remove the holding provision from zoning of the Angus Glen Village (Brownstones) lands at 4071, 4073 and 4289 Major Mackenzie Drive East, be approved; 4 3. That servicing allocation for one hundred seventy three (173) dwelling units be assigned to the subject development; 4. That the City reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner; and further; 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2020-34)

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, 2020 b. National Wildlife Week - April 6 - 10, 2020 c. Human Values Day - April 24, 2020 d. Be Kind to Animals Week - May 3 - 9, 2020 e. RETT Syndrome Awareness Month - October, 2020 f. Animal Health Week - October 4 -10, 2020 2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: a. Be Kind To One Another Days: Celebrating Super Heroes 2020 - May 18- 24, 2020

That the report of the General Committee be received & adopted, save and except for items 8.2.9 . 8.2.10 and 8.2.12: 7

1. That the report titled “2019 Year-End Review of Operations” be received; and, 8 2. That the City’s 2019 net favourable variance of $3.04M be transferred to the Corporate Rate Stabilization Reserve; and further, 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Award of Construction Tender 014-T-20 Bayview Glen North and Laureleaf Road Cast Iron Watermain Replacement” be received; and, 2. That the contract for Tender 014-T-20 Bayview Glen North and Laureleaf Road Cast Iron Watermain Replacement be awarded to the lowest priced Bidder, Sam Rabito Construction Ltd. in the amount of $5,656,644.04, inclusive of HST; and, 10 3. That a 3% contingency in the amount of $169,699.32 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 4. That the construction award in the amount of $5,826,343.36 ($5,656,644.04 + $169,699.32) be funded from the capital project 053- 6150-20257 “CI Watermain Replacement – Construction & CA” with budget available of $5,447,381.00; and, 5. That the shortfall of $378,962.36 be funded through Waterworks Stabilization/Capital 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 “Award of Contract #023-R-20 Plumbing Services for various City of Markham locations on an as required basis” be received; and, 2. That the contract be awarded to the highest ranked / lowest priced bidder, Saunders Plumbing and Heating Inc. in the estimated annual amount of $120,000.00 inclusive of HST; and, 3. That Staff be authorized to extend the contract for three (3) additional years (2021-2023) in the estimated annual amount of $120,000 inclusive of HST, subject to supplier performance; and, 4. That the contract be funded from various City Departments’ operating budgets on an as-required basis; and, 11 5. That the award amounts in 2021 to 2023 be subject to Council approval of the respective annual operating budgets and that the award amounts be amended to reflect changes to the various departments’ budget accounts as approved by Council during the annual budget process; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That as the COVID-19 declared emergency suspended General Committee gatherings, Council acknowledge that the report titled “Annual Water Quality Report (January-December 2019)” was delivered to Council through a Monday March 30, 2020 email from Brenda Librecz Commissioner, Community and Fire Services to meet provincial regulation 170/03 (under the Safe Drinking Water Act, 2002); and, 2. That as Council resumes the report titled “Annual Water Quality Report (January-December 2019)” as required by Schedule 22 of Ontario Regulation 170/03, under the Safe Drinking Water Act, 2002, enclosed herein be officially received; and, 3. That the Annual 2019 Regulatory 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, 4. That Council acknowledge that staff posted the Annual 2019 Detailed Regulatory Water Quality Report on the City’s website and that it has been made available electronically and in hard copy version by February 28, 2020 as per regulations; and further, 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 12

18 1. That the report “Destination Markham Corporation Update / Annual General Meeting Matters” be received; and, 2. That the Mayor and City Clerk be authorized to execute an Agreement between the City of Markham and Destination Markham Corporation, substantially in the form attached to the report as “Attachment 1”, subject to the form and content of the agreement being satisfactory to the Chief Administrative Officer and the City Solicitor; and, 3. That Destination Markham Corporation By-Law No. 1, substantially in the form attached to the report as “Attachment 2”, be approved; and, 4. That the following eight (8) individuals be appointed to the Board of Directors of Destination Markham Corporation, to serve as independent Directors for a term of four (4) years: Ms. Aarti Patel, Mr. Chuck Thibeault, Mr. David Miller, Mr. Herman Grad, Mr. Hiren Prabhakar, Ms. Kate Seaver, Mr. Shafik Jiwani, and Ms. Susan Mandryk; and, 5. That the following four (4) members of Council be appointed to the Board of Directors of Destination Markham Corporation, to serve as non-independent Directors for the term of Council: Mayor Frank Scarpitti, Councillor Andrew Keyes, Councillor Amanda Collucci, and Councillor Khalid Usman; and, 6. That KPMG be approved as the auditor for Destination Markham Corporation; and, 7. That the Mayor and City Clerk be authorized to execute operational agreements of mutual interest, as required, between the City of Markham and Destination Markham Corporation, subject t

20 1. That the report titled “Recommendation Report, Demolition of Non- Heritage Portions of a Property Designated Under Part IV of the Ontario Heritage Act, 10225 Kennedy Road, Robinson Glen Secondary Plan Area, Ward 6, File No. 19 102709 DP”, dated April 21, 2020, be received; and, 2. That Council endorse the demolition of the non-heritage portions of the dwelling known as the Homer Wilson Farmhouse; and, 3. That the non-heritage portions of the building be carefully removed with manual demolition of selected areas adjoining the heritage building, to ensure no accidental damage by machine operation occurs; and, 4. That a plan or description of how any openings (windows and doors) in the heritage building are to be secured once the non-heritage portions of the building have been removed be provided by the applicant, prior to the issuance of the demolition permit, to the satisfaction of the Manager of Heritage Planning; and, 5. That any issues with openings, roofing, rain gutters/downspouts, soffits and fascia be addressed to ensure that the heritage building remains in stable condition until its future restoration occurs; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the presentation entitled "Celebrate Markham Action Plan", be received; and, 2. That staff be authorized to approve urgent funding allocations under the Celebrate Markham Grant Program for events scheduled between 21 April 1 and mid-July 2020 not exceeding the event amounts approved for the 2019-2020 funding cycle; and further, 3. That staff be directed to report back with an interim status report on the 2020-2021 Celebrate Markham Action Plan by the end of May 2020.