The Markham Record

Council Meeting

July 14, 2020

Who was there

Present (10): Amanda Yeung Collucci, Alan Ho, Keith Irish, Jim Jones, Andrew Keyes, Isa Lee, Joe Li, Reid McAlpine, 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 (66 motions)

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

That Council recess at 7:32 p.m. and reconvene on July 16, 2020 at 10:00 a.m.
Moved by Regional Councillor Jack Heath, seconded by Councillor Reid McAlpine
Carried
That Council recess at 10:16 a.m. and reconvene at 10:22 a.m. on July 16, 2020 due to technical difficulties.
Moved by Councillor Keith Irish, seconded by Deputy Mayor Don Hamilton
Carried
That the Minutes of the Council Meeting held on June 23, 2020, be adopted.
Moved by Councillor Keith Irish, seconded by Councillor Isa Lee
Carried
That the deputation of Andrew Yu be received.
Moved by Regional Councillor Jack Heath, seconded by Councillor Isa Lee
Carried
That the deputation of Marty Molengraaf be received, and; That his communication be
Moved by Councillor Khalid Usman, seconded by Councillor Isa Lee
Referred
That the deputations by Sal Crimi, applicant, Martin Buckingham, on behalf of The Vinegar Hill Ratepayers Association, Joseph Virgilio, representing the applicant, and Claudette Grange be received. (See Item No. 14.2.1 for Council's decision on this matter.)
Moved by Councillor Karen Rea, seconded by Councillor Andrew Keyes
Carried
That the deputation of Josephine Repa be received. (See Item No. 11. 3, New/ Other Business for Council's decision on this matter.)
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
That the request for the City of Markham to complete the Municipal Information Form be received for information.
Moved by Councillor Andrew Keyes, seconded by Councillor Khalid Usman
Carried
That the memo titled “Draft York Region Climate Change Action Plan” from City Staff be approved and forwarded to York Region.
Moved by Councillor Andrew Keyes, seconded by Councillor Khalid Usman
Carried
That the Communications on confidential item 14.2.1 on LPAT Appeal - Garden Homes, 73 Main Street South, Markham be received; and, That the petition on confidential item 14.2.1 on LPAT Appeal Garden Home, 73 Main Street South, Markham, be received. (See Item 14.2.1, for Council's decision on this matter.)
Moved by Councillor Andrew Keyes, seconded by Councillor Khalid Usman
Carried
That the report of the Development Services Committee be received & adopted. (Items 1 to 2):
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the staff report entitled “City of Markham Comments on York Region’s Draft MTSAs for Inclusion in the Regional Official Plan” dated June 22, 2020 be received; and, That the memorandum dated July 13, 2020 to the Development Services Committee entitled “City of Markham Comments on York Region’s Draft MTSAs for Inclusion in the Regional Official Plan – Supplementary Information” be incorporated to the City of Markham's comments to the Region; and, That Council support the comments and recommendations regarding the draft major transit stations areas (MTSAs), provided in Appendix ‘B’ and Appendix ‘C’ to this report; and, That Council request York Region to bring forward a Regional Official Plan Amendment to implement MTSAs and include inclusionary zoning policies in advance of completion of the Municipal Comprehensive Review and adoption of a new Regional Official Plan to enable local municipalities to require the provision of affordable housing in MTSAs as soon as possible; and, That the report entitled “City of Markham Comments on York Region’s Draft MTSAs for Inclusion in the Regional Official Plan” dated June 22, 2020, be forwarded to York Region as Markham Council’s input on the Region’s draft MTSAs; and, That Council request a detailed plan from York Region for the proposed extension of the Highway 7 Rapidway from Town Centre Boulevard BRT Station to Cornell Terminal; and, That staff be directed to report back to Development Services Committee at its July 13, 2020 meeti
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report dated June 22, 2020 to Development Services Committee, titled ‘Design, Construction and Financing of the Yorkton Community Phase 2 Parks by Kylemore Communities (Yorkton) Ltd’ be received; and, That Council approve the request by Kylemore Communities (Yorkton) Ltd to finance the cost of design, construction, and contract administration of these parks identified as Plan 65M-4613, Block 2 (0.37ha/0.9ac) and Block 5 (0.07ha/0.16ac) in draft plan of subdivision 19TM-04009, subject to the conditions identified in Attachment A; and, That Council authorize the reimbursement of the cost of design, construction, and contract administration of these parks up to a maximum of $614,272.93; and, That Council authorize the execution of an agreement by the Mayor and Clerk for the construction and reimbursement of the cost of design, construction, and contract administration of these parks in a form satisfactory to the Commissioner of Development Services and City Solicitor, or their respective designates; 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 Councillor Keith Irish
Carried
That the report of the Development Services Committee be received & adopted, save and except for Item No. 8.2.2. See Item No. 8.2.2 for Council's decision on this matter.
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the staff report titled “Ontario Heritage Conference 2020, Cancellation of the Event”, dated June 29, 2019, be received; and, That the Markham Local Organizing Committee be disbanded and the Committee members noted in Appendix A be thanked for their commitment and involvement in the planning and organization of the three day conference: 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 Councillor Keith Irish
Carried
That the report titled “RECOMMENDATION REPORT, Lindwide Developments (Cornell) Limited, Proposed Draft Plan of Subdivision and Zoning By-law Amendment applications to permit 79 single detached dwellings, 270 townhouse dwellings, 162 stacked townhouse dwellings, high rise residential and employment uses, on the south side of Highway 7 and west side of Donald Cousen’s Parkway, (Ward 5), Files SU/ZA 18 154617”, be received; and, That the record of the Public Meeting held on November 13, 2018, regarding the Applications for a Draft Plan of Subdivision and Zoning By-law Amendment by Lindwide Developments (Cornell) Limited for lands on the south side of Highway 7 and west side of Donald Cousen’s Parkway (19TM-18002), be received; and, That the draft Zoning By-law Amendment application (ZA 18 154617) submitted by Lindwide Development (Cornell) Limited be approved, and that the draft Zoning By-law Amendment attached as Appendix ‘A’ to amend Zoning By-laws 304-87 and 177-96, both as amended, be brought forward to a future Council meeting and enacted without further notice once the by-law has been finalized; 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 D
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
6) That Lindwide Developments (Cornell) Limited be directed to work with staff and external agencies, as appropriate, to explore a southerly east-west trail system within the subdivision to be linked to the existing trail system to the west and to the Rouge Park to the east, to the satisfaction of the Commissioner of Development Services, prior to the execution of the subdivision agreement, with appropriate clauses regarding this trail system included in such agreement if necessary.
Moved by Councillor Andrew Keyes, seconded by Regional Councillor Jack Heath
Carried
That the staff memo entitled “July 1, 2020 Development Charge Rate Indexing” be received; and, That staff bring forward a report to the July 14, 2020 Council meeting to determine the best approach to suspend the Development Charge Indexing rate increase of 1.2% effective July 1, 2020 for the balance of this calendar year and adding the July 1, 2020 indexing rate to the January 1, 2021 rate; 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 Councillor Keith Irish
Carried
That the minutes of the March 2, 2020 Race Relations Committee meeting be received for information purposes; and, That Council endorse the Race Relations Committee recommendation that Markham City Council take appropriate action to ensure that Coronavirus (COVID-19) does not become an excuse for expression of xenophobia against identifiable racial and cultural groups of the City of Markham.
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
That the minutes of the June 29, 2020 Race Relations Committe meeting be received; and, That the Race Relations Committee's motion providing advice to assist the City to combat racism and discrimination be
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Referred
That the report dated July 6, 2020 titled “Status of Capital Projects as of April 30, 2020” 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 $3,469,003 be transferred to the original sources of funding as identified on Exhibit B; and, That the Projects Closed and
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Deferred
That the report “Water and Wastewater Asset Ownership Agreement” be received; and, That the Mayor and Clerk be authorized to execute an agreement between the City and The Regional Municipality of York (the “Region”) to govern the ownership of water and wastewater assets as described in this report, provided that the form of such agreement is satisfactory to the Commissioner of Community & Fire Services and the City Solicitor; and, That the Director of Environmental Services be authorized to accept the conveyance and to convey ownership of minor water and wastewater assets to and from the Region to the satisfaction of the Director of Environmental Services; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
That the presentation entitled “The Best of the Best 2” Markham’s Diversion Strategy 2020-2023 be received; and, That Council endorse “The Best of the Best 2” Markham’s Diversion Strategy 2020-2023 and the initiatives and programs outlined in the strategy that form the basis of Markham’s multi-year plan to attain 85% municipal diversion; and, That staff report back to Council concerning any anticipated financial impacts for initiatives and program improvements and updates on strategy implementation; and, That a copy of the presentation be forwarded to York Region and the Local municipalities for their information; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
That the report of the Development Services Committee be received & adopted, save and except Item No. 8.4.5. See Item No. 8.4.5 for Council's decision on this matter.
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the minutes of the Heritage Markham Committee meeting held June 10, 2020, be received for information purposes; and, That the following resolution from the June 10, 2020 Heritage Markham Committee meeting minutes be endorsed: “That Heritage Markham Committee recommend to Council that the Appointment Committee for Heritage Markham Committee appointments be comprised of the Mayor and Regional Councillor, a minimum of one Heritage Markham Councillor, and a Heritage Planner.”
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the minutes of the June 29, 2020 Advisory Committee on Accessibility meeting be received for information purposes; and, That the following resolution from the June 29, 2020 Advisory Committee on Accessibility meeting minutes be endorsed: “That the Advisory Committee on Accessibility support the City in providing a letter of endorsement to the Markham Fair to receive a grant on making their entrance doors more accessible; and, That a representative from the Markham Fair come to a future Advisory Committee on Accessibility meeting to speak to the Committee about its other accessibility concerns.”
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the memorandum entitled “Temporary Use Zoning By-law 1938540 Ontario Ltd., 9286 Kennedy Road File No. PLAN 19 256209 (Ward 6)”, dated July 13, 2020 be received; That the attached Zoning By-law to permit the continued use of an existing portable classroom for a period of three years commencing on the date of passage on the 1938540 Ontario Ltd. lands at 9286 Kennedy Road, be approved; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2020-79)
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report entitled, “City of Markham Comments on Proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, and Proposed Land Needs Assessment Methodology”, dated July 13, 2020, be received; and, That this report be forwarded to the Ministry of Municipal Affairs and Housing, and York Region, as the City of Markham’s comments on proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 and proposed Land Needs Assessment Methodology; and, That the Province reconsider the extension of the Growth Plan forecasts to 2051 or provide municipalities with the ability to carefully phase urban boundary expansions to ensure that development happens in a comprehensive, logical manner; and, That the Province be advised that in order to maintain the integrity of the Growth Plan as a comprehensive framework for sustainable growth management, the City does not support the proposed changes to policies 2.2.1 and 5.1.4 which would allow the use of higher growth forecasts than those contained in Growth Plan Schedule 3; and, That the Province be advised that the City does not support the proposed changes to policy 2.2.5.10 c) that would allow the conversion of employment lands in a Provincially Significant Employment Zone located within a Major Transit Station Area until the next Municipal Comprehensive Review; and, That the Province clarify that employment area conversions that can be undertaken “until the next Municipal Com
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That a call on the question be made once the speakers list is exhausted.
Moved by Regional Councillor Jim Jones, seconded by Regional Councillor Jack Heath
Carried
That the report dated July 13, 2020 to Development Services Committee, titled ‘Design and Financing of Preliminary Fill Import and Grading Works at Blodwen Davies Park’ be received; and, That Council approve the request by Humbold Properties to finance and be reimbursed for the cost of design and construction of this park identified as Parts 2, 3, 4, 5 Plan 65R-32345 (1.79 ha/ 4.428 ac) up to the total amount of $435,990.72, inclusive of HST subject to the following conditions: The cost of the fill and grading works in the amount of $396,355.20, inclusive of HST; A 10% contingency in the amount of $39,635.52, inclusive of HST, 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; Be reimbursed based on invoices paid for costs approved by the Manager, Parks and Open Space Development associated with the design and construction for the base park development. No interest on such invoices shall be payable by the City. Reimbursement terms are as follows: Humbold Properties may invoice the City for 100% of approved costs provided that: At least 60 days from the date of publication of Substantial Performance has expired; Proof of publication has been submitted with the invoice; No liens have been registered in regard to this contract; The constructed work has reached Total Completion to the City’s satisfaction; The Engineering Consultant has
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report titled “Results of the Public Consultation Survey Regarding the Play Structure in Wismer Percy Reesor Parkette” be received; and, That the deputation by Sean Tsao be received; and, That the play structure in the Wismer Percy Reesor Parkette be retained at its current location based on the results of the public consultation survey; and, That buffering measures such as a wood privacy fence and/or buffer planting be installed, where feasible, in consultation with the adjacent residents and the Ward Councillor, at a maximum cost of $15,000 from funding available in Design project 17227 - Wismer Percy Reesor St. Parkette – Design and Construction; 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 Councillor Keith Irish
Carried
That the Staff report entitled “Rouge Valley Trail Phase 4A (Markham Road to Tuclor Lane – Change of Scope (Ward 4)”, be received; and That the change of paving materials be approved to increase long term durability of the trail as outlined in this report; and That Purchase Order PD 18232 issued to Orin Contractors Corporation, for the construction of Rouge Valley Trail Phase 4A (Markham Road to Tuclor Lane & 14 th Avenue to Treeline Crt) be increased by $154,522.56, inclusive of HST, to cover the change of scope for the project; and That a contingency in the amount of $15,452.26, inclusive of HST be established to cover any additional construction requirements 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 additional Engineering Department Contract Administration Fee in the amount of $10,198.49, be approved to cover the additional effort from Staff to administer the project; and That the 2018 Engineering Department Capital Account 18049 (Rouge Valley Trail Multi-Use Pathway Phase 4 of 5) be increased by $180,173.31 ($154,522.56 + $15,452.26 + $10,198.49), inclusive of HST, from $1,615,757.00 to $1,795,930.31, and funded from the following sources; Development Charges (DC) Reserve Fund (65%): $117,112.65 Non-DC Growth Reserve Fund (35%): $63,060.66; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolutio
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report entitled “Development Charge Reimbursement Application (Denison Street Structure) & Culvert Infrastructure Works – Village of Fairtree by Forest Bay Homes Ltd. (Ward 7)” be received; and, That Council authorize City Wide Hard Development Charge DC reimbursement not exceeding $2,278,117, to Forest Bay Homes Ltd. for the construction of the Denison Street Structure and associated infrastructure, external to the plan of subdivision, as set out in this report, and all in accordance with the City’s Development Charge Credit and Reimbursement Policy; and, That Council authorize the Development Charge reimbursement of any completed works to date, subject to the approval of the Director of Engineering and the Treasurer; and, That the Mayor and Clerk be authorized to execute a Development Charge Reimbursement Agreement, if necessary, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with Forest Bay Homes Ltd., or their successors in title, to the satisfaction of the Treasurer and City Solicitor; and, That Council authorize a payment not exceeding $1,205,560, to Forest Bay Homes Ltd. for the change in scope associated with the culvert infrastructure work on Denison Street; and, That the payment for the culvert infrastructure work be funded from the Development Charges Citywide Hard Reserve; and, That the Mayor and Clerk be authorized to execute an Agreement, with Forest Bay Homes Ltd., or their successors in title, in respect of the City’
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the staff report titled “Intention to Designate a Property under Part IV of the Ontario Heritage Act, Joseph & Leah Pipher Farmhouse and Smokehouse, 33 Dickson Hill Road”, dated June 22, 2020, be received; and, That as recommended by Heritage Markham, the Joseph & Leah Pipher Farmhouse and Smokehouse-33 Dickson Hill Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and, That a Site Plan Approval Application will not be required for the proposed addition and alterations to the property currently identified in Building Permit Application # 20 119406 000 00 HP; and, That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and, That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk 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, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and, That if the designation is
Moved by Councillor Karen Rea, seconded by Councillor Andrew Keyes
Referred
That the report entitled, “Development Charge Indexing Follow-Up”, dated July 14, 2020, be received; and, That Council delegate authority to the Treasurer, at his discretion and on a temporary basis up to December 31, 2020, to enter into agreements permitted under Section 27 of the Development Charges Act, 1997 to mitigate the effects of the indexing of development charge rates on July 1, 2020; and, That Council approve an administration fee in the amount of $1,500, exclusive of HST, to cover the City’s financial and legal costs associated with the review and administration of these agreements; 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 Councillor Keith Irish
Carried
That the following recommendation of the Licensing Committee from the Hearing held on July 7, 2020, be approved and adopted: That the application to remove one (1) linden tree at 11 Kerrigan Crescent, Markham, be denied; and, That the recommendation is based on the unique characteristics of this case only and is not intended to be precedent setting nor to be used as a basis for future cases.
Moved by Councillor Karen Rea, seconded by Councillor Amanda Collucci
Carried
That Council consider the matter of "Recommendation from the July 7, 2020 Licensing Committee Hearing (11 Kerrigan Crescent)" immediately following Deputations with respect thereto.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
That the report “Destination Markham Corporation Update / Request for Funding Approval and Delegated Authority Approval” be received; and, That Council approve the Contribution Agreement between Destination Markham Corporation (DMC) and Tourism Industry Association of Ontario (TIAO) for FedDev Regional Economic Recovery and Relief Fund (RRRF) funding, in a form approved by the City Solicitor, and the expenditure by DMC of the RRRF funding substantially in accordance with the budget set out in this report; and, That Council delegate authority to the CAO of the City of Markham to approve DMC budgets, contracts and expenditures up to a value of $100,000, as more particularly set out in this report; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Khalid Usman, seconded by Councillor Andrew Keyes
Carried
That the rules of procedure be waived in order to add an item of new business regarding a motion on Anti-Black Racism Strategy.
Moved by Mayor Frank Scarpitti, seconded by Councillor Reid McAlpine
Carried
WHEREAS the City of Markham is made up of a diverse community, underpinning the City’s values and inspiring its objective of developing a sense of belonging for all; WHEREAS in 1989, the City of Markham established the Race Relations Committee, with leaders from Markham’s Black community, to consult with the community to advise Council on matters involving race relations, ethnocultural equity and other related issues and to recommend to Council appropriate policies and procedures which will enhance race relations and ethnocultural equity in the City, among other things; WHEREAS the City of Markham has made an ongoing effort to support diversity and inclusion within the organization and broader community through adoption of the Markham Diversity Action Plan, Everyone Welcome , in 2010, as well as prioritizing an update of the Diversity Action Plan in the City’s Strategic Plan for this term of Council; WHEREAS the City of Markham became a member of the Coalition of Municipalities against Racism and Discrimination in 2010, which has since evolved into the Coalition of Inclusive Municipalities; WHEREAS the City of Markham affirmed its commitment to inclusion by supporting the Inclusion Charter for York Region and developing the Markham Inclusion Charter to reinforce the City’s pledge to inclusivity in 2018; and WHEREAS we recognize there is a need to do more to support diversity and inclusion, combat anti-Black racism, and to promote equality. NOW THEREFORE BE IT RESOLVED: THAT t
Moved by Mayor Frank Scarpitti, seconded by Regional Councillor Jim Jones
Carried
That By-laws 2020-67 to 2020-77 and 2020-79 be given three readings and enacted.
Moved by Councillor Reid McAlpine, seconded by Councillor Karen Rea
Carried
That the following items be added to the confidential agenda on July 14, 2020: Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees (16.24) [Section 239 (2) (b)]; and, Advice that is subject to Solicitor-Client Privilege, including Communications Necessary for that Purpose; Recommendation Report - One Piece Ideal (MS) Developments Inc. Application [Section 239 (2) (f)]
Moved by Regional Councillor Jack Heath, seconded by Regional Councillor Jim Jones
Carried
That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 6:05 pm on July 14, 2020: 14.1 COUNCIL 14.1.1 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)] 14.2 DEVELOPMENT SERVICES COMMITTEE - JUNE 29, 2020 14.2.1 ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; LPAT APPEAL – GARDEN HOMES, 73 MAIN STREET SOUTH MARKHAM [SECTION 239 (2) (f)] 14.3 GENERAL COMMITTEE - JULY 6, 2020 14.3.1 A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS
Moved by Councillor Alan Ho, seconded by Councillor Khalid Usman
Carried
1) That the following person be appointed to the Heritage Markham Committee : Name Term Expiry Lake Trevelyan November 30, 2023
Moved by Regional Councillor Jack Heath, seconded by Regional Councillor Joe Li
Carried
That the confidential report on a position, plan, procedure, criteria or instruction to be applied to any negotiations
Moved by Councillor Karen Rea, seconded by Councillor Isa Lee
Carried
That the confidential report on a proposed or pending acquisition or disposition of land by the municipality or local board (Ward 4) be received; and, 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 Mary-Anne Chambers be appointed as Special Advisor to the Anti-Black Racism Strategy.
Moved by Regional Councillor Jack Heath, seconded by Regional Councillor Jim Jones
Carried
That the rules of procedure be waived in order to add an item to the confidential agenda on July 16, 2020 regarding personal matters about an identifiable individual, including municipal or local board employees.
Moved by Deputy Mayor Don Hamilton, seconded by Regional Councillor Jim Jones
Carried
That Council rise from Confidential session at 11:45 am on July 16, 2020.
Moved by Regional Councillor Jack Heath, seconded by Regional Councillor Joe Li
Carried
That By-law 2020-78 be given three readings and enacted. Three Readings BY-LAW 2020-78 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JULY 14 AND 16, 2020.
Moved by Councillor Keith Irish, seconded by Councillor Isa Lee
Carried
That the Council meeting be adjourned at 11:45 am on July 16, 2020.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
1. That the request for the City of Markham to complete the Municipal Information Form be received for information. 7
Moved by Councillor Andrew Keyes, seconded by Councillor Khalid Usman
Carried
10 1. That the Communications on confidential item 14.2.1 on 2. LPAT Appeal - Garden Homes, 73 Main Street South, Markham be received; and, 3. That the petition on confidential item 14.2.1 on LPAT Appeal Garden Home, 73 Main Street South, Markham, be received. (See Item 14.2.1, for Council's decision on this matter.)
Moved by Councillor Andrew Keyes, seconded by Councillor Khalid Usman
Carried
1. That the report dated June 22, 2020 to Development Services Committee, titled ‘Design, Construction and Financing of the Yorkton Community Phase 2 Parks by Kylemore Communities (Yorkton) Ltd’ be received; and, 13 2. That Council approve the request by Kylemore Communities (Yorkton) Ltd to finance the cost of design, construction, and contract administration of these parks identified as Plan 65M-4613, Block 2 (0.37ha/0.9ac) and Block 5 (0.07ha/0.16ac) in draft plan of subdivision 19TM-04009, subject to the conditions identified in Attachment A; and, 3. That Council authorize the reimbursement of the cost of design, construction, and contract administration of these parks up to a maximum of $614,272.93; and, 4. That Council authorize the execution of an agreement by the Mayor and Clerk for the construction and reimbursement of the cost of design, construction, and contract administration of these parks in a form satisfactory to the Commissioner of Development Services and City Solicitor, or their respective designates; and further, 5. 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 Councillor Keith Irish
Carried
14 1. That the staff report titled “Ontario Heritage Conference 2020, Cancellation of the Event”, dated June 29, 2019, be received; and, 2. That the Markham Local Organizing Committee be disbanded and the Committee members noted in Appendix A be thanked for their commitment and involvement in the planning and organization of the three day conference: and further, 3. 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 Councillor Keith Irish
Carried
19 1. That the minutes of the March 2, 2020 Race Relations Committee meeting be received for information purposes; and, 2. That Council endorse the Race Relations Committee recommendation that Markham City Council take appropriate action to ensure that Coronavirus (COVID-19) does not become an excuse for expression of xenophobia against identifiable racial and cultural groups of the City of Markham.
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
1. That the minutes of the June 29, 2020 Race Relations Committe meeting be received; and, 20 2. That the Race Relations Committee's motion providing advice to assist the City to combat racism and discrimination be
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Referred
1. That the report “Water and Wastewater Asset Ownership Agreement” be received; and, 2. That the Mayor and Clerk be authorized to execute an agreement between the City and The Regional Municipality of York (the “Region”) to govern the ownership of water and wastewater assets as described in this report, provided that the form of such agreement is satisfactory to the Commissioner of Community & Fire Services and the City Solicitor; and, 3. That the Director of Environmental Services be authorized to accept the conveyance and to convey ownership of minor water and wastewater assets to and from the Region to the satisfaction of the Director of Environmental Services; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 25
Moved by Regional Councillor Jack Heath, seconded by Councillor Khalid Usman
Carried
1. That the report entitled, “City of Markham Comments on Proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, and Proposed Land Needs Assessment Methodology”, dated July 13, 2020, be received; and, 2. That this report be forwarded to the Ministry of Municipal Affairs and Housing, and York Region, as the City of Markham’s comments on proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 and proposed Land Needs Assessment Methodology; and, 3. That the Province reconsider the extension of the Growth Plan forecasts to 2051 or provide municipalities with the ability to carefully 28 phase urban boundary expansions to ensure that development happens in a comprehensive, logical manner; and, 4. That the Province be advised that in order to maintain the integrity of the Growth Plan as a comprehensive framework for sustainable growth management, the City does not support the proposed changes to policies 2.2.1 and 5.1.4 which would allow the use of higher growth forecasts than those contained in Growth Plan Schedule 3; and, 5. That the Province be advised that the City does not support the proposed changes to policy 2.2.5.10 c) that would allow the conversion of employment lands in a Provincially Significant Employment Zone located within a Major Transit Station Area until the next Municipal Comprehensive Review; and, 6. That the Province clarify that employment area conversions that can be undertaken “until t
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the report dated July 13, 2020 to Development Services Committee, titled ‘Design and Financing of Preliminary Fill Import and Grading Works at Blodwen Davies Park’ be received; and, 2. That Council approve the request by Humbold Properties to finance and be reimbursed for the cost of design and construction of this park identified as Parts 2, 3, 4, 5 Plan 65R-32345 (1.79 ha/ 4.428 ac) up to the total amount of $435,990.72, inclusive of HST subject to the following conditions: A. The cost of the fill and grading works in the amount of $396,355.20, inclusive of HST; B. A 10% contingency in the amount of $39,635.52, inclusive of HST, 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; 31 C. Be reimbursed based on invoices paid for costs approved by the Manager, Parks and Open Space Development associated with the design and construction for the base park development. No interest on such invoices shall be payable by the City. D. Reimbursement terms are as follows: a. Humbold Properties may invoice the City for 100% of approved costs provided that: i. At least 60 days from the date of publication of Substantial Performance has expired; ii. Proof of publication has been submitted with the invoice; iii. No liens have been registered in regard to this contract; iv. The constructed work has reached Total Completion to the City’s satis
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the Staff report entitled “Rouge Valley Trail Phase 4A (Markham Road to Tuclor Lane – Change of Scope (Ward 4)”, be received; and 2. That the change of paving materials be approved to increase long term durability of the trail as outlined in this report; and 33 3. That Purchase Order PD 18232 issued to Orin Contractors Corporation, for the construction of Rouge Valley Trail Phase 4A (Markham Road to Tuclor Lane & 14th Avenue to Treeline Crt) be increased by $154,522.56, inclusive of HST, to cover the change of scope for the project; and 4. That a contingency in the amount of $15,452.26, inclusive of HST be established to cover any additional construction requirements and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and 5. That the additional Engineering Department Contract Administration Fee in the amount of $10,198.49, be approved to cover the additional effort from Staff to administer the project; and 6. That the 2018 Engineering Department Capital Account 18049 (Rouge Valley Trail Multi-Use Pathway Phase 4 of 5) be increased by $180,173.31 ($154,522.56 + $15,452.26 + $10,198.49), inclusive of HST, from $1,615,757.00 to $1,795,930.31, and funded from the following sources; a. Development Charges (DC) Reserve Fund (65%): $117,112.65 b. Non-DC Growth Reserve Fund (35%): $63,060.66; and further, 7. That Staff be authorized and directed to do all things necessary to
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the report entitled “Development Charge Reimbursement Application (Denison Street Structure) & Culvert Infrastructure Works – Village of Fairtree by Forest Bay Homes Ltd. (Ward 7)” be received; and, 34 2. That Council authorize City Wide Hard Development Charge DC reimbursement not exceeding $2,278,117, to Forest Bay Homes Ltd. for the construction of the Denison Street Structure and associated infrastructure, external to the planof subdivision, as set out in this report, and all in accordance with the City’s Development Charge Credit and Reimbursement Policy; and, 3. That Council authorize the Development Charge reimbursement of any completed works to date, subject to the approval of the Director of Engineering and the Treasurer; and, 4. That the Mayor and Clerk be authorized to execute a Development Charge Reimbursement Agreement, if necessary, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with Forest Bay Homes Ltd., or their successors in title, to the satisfaction of the Treasurer and City Solicitor; and, 5. That Council authorize a payment not exceeding $1,205,560, to Forest Bay Homes Ltd. for the change in scope associated with the culvert infrastructure work on Denison Street; and, 6. That the payment for the culvert infrastructure work be funded from the Development Charges Citywide Hard Reserve; and, 7. That the Mayor and Clerk be authorized to execute an Agreement, with Forest Bay Homes Ltd., or their successors in title,
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
38 1. That Council consider the matter of "Recommendation from the July 7, 2020 Licensing Committee Hearing (11 Kerrigan Crescent)" immediately following Deputations with respect thereto.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
39 1. That the rules of procedure be waived in order to add an item of new business regarding a motion on Anti-Black Racism Strategy.
Moved by Mayor Frank Scarpitti, seconded by Councillor Reid McAlpine
Carried
That the following items be added to the confidential agenda on July 14, 2020: 1. Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees (16.24) [Section 239 (2) (b)]; and, 44 2. Advice that is subject to Solicitor-Client Privilege, including Communications Necessary for that Purpose; Recommendation Report - One Piece Ideal (MS) Developments Inc. Application [Section 239 (2) (f)]
Moved by Regional Councillor Jack Heath, seconded by Regional Councillor Jim Jones
Carried
That Council rise from Confidential session at 11:45 am on July 16, 2020. 49
Moved by Regional Councillor Jack Heath, seconded by Regional Councillor Joe Li
Carried

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