Council Meeting

That the Minutes of the Council Meeting held on November 8, 2022, be adopted.

That the Minutes of the Inaugural Council Meeting held on November 15, 2022, be adopted.

That the Minutes of the Special Council Meeting held on November 22, and December 1, 2022, be adopted.

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

That the summary from the City Solicitor be received for information purposes.

That the communication dated December 12, 2022, regarding "City of Markham Response to Bill 109 and Amendments to the Planning Act" from The Building Industry and Land Development Association (BILD) be received.

That the Memorandum be received for information and be processed accordingly.

1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Tamil Heritage Month - January 2023 2. That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes: Tamil Heritage Month - January 7 - 14, 2023

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

That the report entitled “Award of RFP 200-R-22 - Consulting Engineering Services for the Detailed Design of the Markham Centre Trails (Phase 3) and Rouge Valley Trail (Phase 4B)” be received; and, That the contract for consulting engineering services for the detailed design of the Markham Centre Trails (Phase 3) and Rouge Valley Trail (Phase 4B) be awarded to the highest ranked, 2 nd lowest priced bidder, Aquafor Beech Limited in the amount of $523,201.08, inclusive of HST; and, That a 10% contingency in the amount of $52,320.11 inclusive of HST, be established to cover any additional consulting services to deliver the study and that authorization to approve expenditures of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the Engineering Department Capital Administration fee in the amount of $69,796.91, be transferred to revenue account 640-998-8871 (Capital Administration Fee); and, That the cost in the amount of $645,318.10 ($523,201.08 + $52,320.11 + $69,796.91) be funded from accounts 083-5350-22033-005 and 083-5350-22034-005 with budget available of $1,068,200.00; and, That the remaining budget in the amount of $150,000.00 be used for permits, indigenous consultation and fees related to the acquisition of land for Rouge Valley Trails (Phase 4B); and, That the remaining budget in the amount of $272,881.91 be returned to the original funding source in the amount of $177,373.24 to DC and $95,508.67 to Non-DC f

That the report of the General Committee be received & adopted. (Items 1 to 9): save and except Item # 8.2.4.

That the report entitled “Contracts 197-S-22 Supply, Delivery, Installation and Storage of Office Furniture through the Government of Ontario VOR arrangement (Tender 13685) and #198-S-22 Supply and Delivery of Seating Furniture”, be received; and, That the Supply, Delivery Installation and Storage of Office Furniture through the Government of Ontario VOR arrangement (Tender 13685) be awarded to POI Business Interiors (“POI”), the local authorized dealer of Steelcase furniture, for an initial term of 14 months (December 1, 2022 – January 31, 2024) in the amount of $87,500.00 inclusive of HST impact, and for up to two (2) additional one-year optional terms (February 1, 2024 – January 31, 2026) in the amount of $150,000.00 ($75,000 annual upset limit) ; and, That pricing for POI be fixed in the initial term and adjustments for each optional year be based on the Consumer Price Index (CPI) Ontario All-Items (July to July); and, That the Supply and Delivery of Seating Furniture be awarded to NUA Office Inc. (“NUA”), the local authorized dealer of Allsteel furniture, to an annual upset limit of $50,000 inclusive of HST impact, for an initial term of one (1) year and up to four (4) additional one-year optional terms, totaling $250,000 inclusive of HST impact; and, That pricing for NUA be adjusted, based on manufacturer’s price increase for products and Consumer Price Index (CPI) Ontario All-Items (July to July) for services, subject to City’s approval and, That the initial terms awar

That the report dated December 6 , 2022 titled “Status of Capital Projects as of September 30, 2022” 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 $751,973 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 $66,100 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 $ 1, 751,105 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 $56,316 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 $46,220 to the approved amount of $100,000; and, That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $9,616 to the approved amount of $100,000; and, That the following new capital projects, initiated subsequent to the approval of the 2022 capital budget, be received: Project 22343 – John Street Bridge Expansion Joint Replace

That the Report "Appointment of Members to the Markham Mayor’s Youth Council" for the period of September 7, 2022 to June 30, 2023 be received; and, That the following Appointments of Members to the Markham Mayor’s Youth Council be confirmed for the term September 7, 2022 to June 30, 2023; and further, Name School Grade Ward Sabine Cuesta St. Robert Catholic High School 9 1 Silken Cheung-Ege St. Brother Andre Catholic High School 9 4 Christian Matros St. Robert Catholic High School 9 1 Varna Venkatesh Markville Secondary School 9 6 Benjamin Kim Huron Heights Secondary School 9 8 Zoe Chakraborty St. Robert Catholic High School 10 1 Jin Zhou Thornhill Secondary School 10 1 Melody Cao Bayview Secondary School 10 2 Mehrava Afshani Bayview Secondary School 10 2 Hadia Rasool Markham District High School 10 7 Arya Waza Father Michael McGivney Catholic High School 10 7 Aiden Ma St. Robert Catholic High School 11 1 Elyssa Qi St. Augustine Catholic High School 11 2 Anjani Sharma St. Augustine Catholic High School 11 3 Tom Zheng Crescent School 11 3 Jiabei He Bill Hogarth Secondary School 11 5 Callista Chan St. Augustine Catholic High School 11 6 Karina Florea Thornhill Secondary School 12 1 Stephanie Sheng Bayview Secondary School 12 2 Eric Gao Unionville High School 12 3 Allen Wang Unionville High School 12 3 Enya Law Bill Hogarth Secondary School 12 5 Gloria Huang Bill Hogarth Secondary School 12 5 Isabelle Cai Unionville High School 12 5 Rachel Zhang Pierre Elliott Trudeau High Scho

That the report “Award of Proposal 031-R-22 City of Markham Group Benefits Provider (York Coop #CRFP2021-02)” be received; and, That Award of Proposal 031-R-22 City of Markham Services Group Benefits Provider (York Coop # CRFP2021-02)”, Part A - Group Benefits – Accidental Death and Dismemberment be awarded to Industrial Alliance for a five (5) year contract term (January 1, 2023 – December 31, 2027) with an option for five additional one (1) year terms, in the estimated 2023 amount of $30,411 exclusive of tax, to be funded from account 030 220 0034 Accidental Death and Dismemberment; and, That Award of Proposal 031-R-22 City of Markham Group Benefits Provider (York Coop #CRFP2021-02)”, Part B - Group Benefits – Health, Dental, Life and Long Term Disability) be awarded to Sun Life Financial of Canada for a five (5) year contract term, (January 1, 2023 – December 31, 2027), with an option for five additional one (1) year terms, in the estimated 2023 amount of $627,688 exclusive of tax (excluding the cost of ASO funded Extended Health and Dental claims of approximately $6M), to be funded from various benefit accounts as described in the report; and, That the Chief Administrative Officer (CAO) and City Solicitor and Director of People Services be authorized to execute an agreement with Industrial Alliance for the provision of the Group Benefits – Accidental Death and Dismemberment), in a form satisfactory to the City Solicitor and Director of People Services; and, That the Chief

That the report entitled “Citywide Multi-Phase Sanitary System Downspout Disconnection Program – Wrap-up Report” be received; and, That the Citywide Multi-Phase Sanitary System Downspout Disconnection Program (DDP) has been successfully completed by investigating and disconnecting downspouts that connected to the sanitary sewer system within the high risk of basement flooding area in Thornhill, Unionville and Markham Village; and, That the staff recommends to conclude the current DDP for the already identified high risk of basement flooding area in Thornhill, Unionville and Markham Village; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report “Independent Electricity System Operator Expedited Long-Term Reliability Request for Proposals (“E-LT1 RFP”) Municipal Support Resolution” be received; and, That Markham City Council support the Alectra/Convergent proposed Battery Energy Storage Systems at 7970 Markham Road (Ward 7) and 3430 14 th Ave (Ward 8) by issuing a Municipal Support Resolutions for the E-LT1-RFP in the form shown in Appendix A; and, That the Director of Sustainability & Asset Management be delegated the signing authority for any additional Municipal Support Resolutions requested for the E-LT1-RFP or similar on behalf of the City of Markham; and further, That staff be authorized to do all things necessary to give effect to this resolution.

That the report titled “Quality Management System Management Review” be received; and, That Council, as the Owner of the City’s drinking water system, acknowledge and support the outcome and action items identified from the Management Review; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Request for Proposal 188-R-22 Thornlea Pool Maintenance” be received; and, That the contract for Services be awarded to the sole bidder, PPL Aquatic, Fitness & Spa Group Inc. for a term of two (2) years in the total amount of $425,336.44 inclusive of HST as per the following; and, January 1, 2023- December 31, 2023 - $212,668.22 January 1, 2024- December 31, 2024 - $ 212,668.22 Total: $ 425,336.44 That the contract include an option for the City (in its sole discretion) to extend the contract for up to three (3) additional one (1) year terms. Pricing will be firm for the first two years of the contract and prices in years three, four and five will be subject to Consumer Price Index (CPI) increase (All-Items Ontario March) to a maximum of 4%; and, That the Director of Recreation and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract for an additional three (3) one year periods subject to Council’s approval of the annual operating budget, vendor performance, and an increase based on the CPI (All-Items Ontario March) to a maximum of 4%; and, That the award be funded from the Recreation Service facility maintenance account 501-911-5314, subject to Council approval of the 2023-2027 operating budgets; and, The annual shortfall of $25,668.22 be captured as part of the 2023 contract escalations and adjusted accordingly, subject to Council approval of the 2023-2027 operating budgets; and further, That Staff be authorized and

That the report entitled “Consulting Services to Secure Access to Community Data Insights and Analysis” be received; and, That the tendering process for consulting services to secure access to community data insights and analysis” be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 Non Competitive Procurement, item (b) which states, “Where there is only one source of supply for the goods to be purchased”; and, That the contract for consulting services be awarded to Environics Analytics for a five (5) year term in the amount of $387,507.00 inclusive of HST; and, $74,862 Year 1 (2023) $76,155 Year 2 (2024) $77,475 Year 3 (2025) $78,821 Year 4 (2026) $80,194 Year 5 (2027) Total $387,507 That the 2023-2027 award amounts be funded from the 2023 Capital Project - City of Markham Environics Analytics, and operating accounts 610 998 5808 (Business Development), 998 100 5630 (Library), and 500 998 5630 (Recreation) subject to Council approval of the annual budget; 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. (Items 1 to 3):

That the deputations by Barry Nelson, Alena Gotz, Aileen-Willowbrook Ratepayer Association (AWRA), and Evelin Ellison, regarding the “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022 File No. PR 22 260697”, be received; and, That the written submission by BiLD regarding “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022 File No. PR 22 260697”, be received; and, That the report dated November 29, 2022, titled “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022 File No. PR 22 260697”, be received; and, That the record of the Public Meeting held on December 6, 2022 with respect to the proposed City-initiated Official Plan Amendment, Site Plan Delegation By-law and Pre Application Consultation By-law (File No. PR 22 260697), to establish new Official Plan policies, site plan delegation and pre-application consultation procedures be received; and, That the City-initiated Official Plan Amendment to amend certain Section 9 policies, Section 10.4 and Section 10.6 of the in force 2014 Official Plan, as amended, be forwarded directly to Council, for adoption; and, That the City-initiated Site Plan Delegation By-law to designate the Director of Planning and Urban Design, or delegate as its delegated officer, employee or agent of the municipality to approve site plans, be forwarded directly to Council, for enactment; and, That the City-initiated Pre-Application Consultation By-law to implement the new policy chang

That the deputations by Barry Nelson, and Alena Gotz, Aileen-Willowbrook Ratepayer Association (AWRA), regarding the Development Fee and Building By-laws be received; and, That the written submission by BiLD regarding the Development Fee and Building By-laws be received; and, That the Record of the Public Meeting held on December 6, 2022, with respect to the proposed amendments to the Development Fee and Building 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 2021-114 as amended be repealed and the attached “By-law respecting Construction, Demolition, 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, 2023; and further, That Staff be authorized and directed to do all thing necessary to give effect to this resolution

That the report of the Development Services Committee be received & adopted. (Items 1 to 10): save and except Item # 8.4.7 and 8.4.8.

That the December 12, 2022, staff report titled, “Proposed Demolition, 7861 Highway 7, Locust Hill, Rouge National Urban Park, Ward 5”, be received; and, That Markham Council provides the following feedback on the proposed demolition of 7861 Highway 7, the Nighswander Tenant House: Due to the advance state of decay and deterioration that has occurred over many years as a result of a lack of maintenance, poor stewardship, vacancy and abandonment, regrettably, the demolition of the building appears to be the most reasonable course of action; and, The potential salvage and re-purposing of heritage elements from the property is supported; and, The introduction of heritage interpretive features to celebrate and inform visitors of the former Nighswander buildings is also supported, and could include a Markham Remembered interpretive panel; and, That Markham Council requests that with regard to other cultural heritage resources within the National Urban Park, Parks Canada at minimum maintain the heritage features/attributes of the cultural heritage assets it has committed to invest in to support re-occupancy or during regular maintenance of the assets; and, That Markham Council encourages Parks Canada to protect and maintain those cultural heritage assets located in the Markham area of the Rouge National Urban Park of which the City has previously provided financial investments in support of their maintenance and conservation; and further, That Staff be authorized and directed to do

That the Deputations by Valerie Burke, Evelin Ellison, Barry Nelson, and Doug Denby regarding the staff report “Notice of Intention to Demolish – Single Detached Dwelling, 83 John Street, Thornhill Heritage Conservation District, Ward 1,”, be received; and further, That the demolition of 83 John Street be approved on the condition that the Applicant work with Heritage Planning Staff on a revised plan that incorporates elements of the existing heritage home into the new home.

That the report titled, “RECOMMENDATION REPORT, The Regional Municipality of York, Application for Zoning By-law Amendment to permit temporary outdoor storage for new vehicles at 350 Yorktech Drive (Ward 8), File No. PLAN 21 147736”, be received; and, That the Zoning By-law Amendment application submitted by The Regional Municipality of York be approved and the draft Zoning By-law Amendment, attached hereto as Appendix ‘A’, be finalized and enacted without further notice; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the ground sign variance application by Don Valley North (Genesis) at 7537 Woodbine Avenue, Application No. 22.114379.000.00.SP, be approved; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the December 12, 2022, Report titled, “Heritage Permit Application for Replacement Windows, 307 Main Street North, Markham Village, File: HE 22 260674 (Ward 4)”, be received; and, That the Heritage Permit application HE 22 260674 seeking approval for the installation of replacement attic windows be denied; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Authority to provide Development Charge (DC) Credits and/or Reimbursements for the Construction of a Trunk Sanitary Sewer by the Landowners in the Berczy Glen Secondary Plan Area and the Trustee of Berczy Glen Landowners Group Inc. (Wards 2 and 6)” be received; and, That Council authorize Development Charge Credits and/or Reimbursements not exceeding $21,985,407.00 to the Trustee of Berczy Glen Landowners Group Inc. (“Trustee”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan, Angus Glen Secondary Plan, and Employment block in the City’s Future Urban Area (FUA) and lands external to the FUA with such credits being: Area Specific Development Charges to a maximum of $21,357,548 and, City Wide Hard Development Charges to a maximum of $627,859; and, That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $3,518,308.00 to Berczy Warden Holdings Inc. (“DG Group”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan and Employment block in the FUA; and, That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $598,000.00 to Monarch Berczy Glen Developments Limited (“Monarch Berczy”) for

That this matter be referred back to Development Services Committee meeting on January 17, 2023.

PLEASE NOTE: This matter was

That the Deputation by Barry Nelson regarding “Comments on the More Homes Built Faster Act , 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, That the report dated December 12, 2022 titled “Comments on the More Homes Built Faster Act , 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, That this report be forwarded to the Minister of Municipal Affairs and Housing and Natural Resources and Forestry, and York Region as the City of Markham’s comments on the More Homes Built Faster Act , 2022 (Bill 23) and Associated Registry Postings; and, That the Province undertake an extensive review and public engagement program, should a new integrated province-wide policy planning document be released; and, That the Province meet with municipalities to develop a transition plan should the Parkway Belt West Plan be revoked; and, That any development of an ecological off-setting program by the Province be based on the TRCA model and ensure the long term protection of provincially significant features; and, That Council not endorse the changes to the definition of ‘watercourse’ and ‘other areas’ in the proposed regulation under the Conservation Authorities Act ; and, That the City request the Province refrain from selling any land in the Parkway Belt West Plan until it is planned and zoned; and, That higher order transit infrastructure be protected along the entire Parkway West Belt Lands; and, That the Milne Conservation Area lands continue

That the report dated December 12, 2022, titled, “Revised Procedures for Processing Heritage Permit Applications under the Ontario Heritage Act ”, be received; and, That the proposed by-law titled, “A By-Law to Establish Procedures For Processing Permit Applications under the Ontario Heritage Act ” attached to this report as Appendix “A”, be adopted; and, That By-law 2002-276, as amended, being a by-law to impose fees or charges for services or activities provided or done by the City, be further amended to reflect the Heritage Permit application fees as noted in Appendix “B” attached to this report’; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That By-laws 2023-4 to 2023-6, By-laws 2023-8 to By-law 2023-21 be given three readings and enacted.

Council consented to add an additional item to the confidential session regarding Bill 109 in order to receive Solicitor Advice. That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 1:52PM. Council reconvened in Open Session at 4:08PM and passed the following resolutions:

That the confidential Council minutes of the Council Meeting held on September 13, 2022 be adopted.

That the confidential Council minutes of the Special Council minutes of the meeting held on December 1, 2022 be adopted.

That the following persons be appointed to the Advisory Committee on Accessibility for the term noted below: Name Term Christina Lee November 30, 2025 Andrew Lawlor November 30, 2025

That the verbal update from the City Solicitor be received.

That the December 12, 2022 report titled “CONFIDENTIAL UPDATE REPORT, Digram Developments Helen Inc., Ontario Land Tribunal Appeals for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision at 55, 63, and 83 Helen Avenue (Ward 3), File Nos. PLAN 19 137397 and SU/ZA 17 135415”, be received.

That the Confidential Report titled, “UPDATE REGARDING 7647 KENNEDY ROAD OLT APPEALS City of Markham File No. PLAN/SPC 20 136196”, be received; and, That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

That the confidential report titled, “REQUEST FOR DIRECTION REPORT, 1107656 Ontario Inc. (Times Group), OLT Appeal of the Official Plan and Zoning By-law Amendment applications to permit six high rise apartment buildings on the west side of South Park Road, south of Highway 7, within Blocks 46 and Part of Block 49, Plan 65M-3226 (Ward 8), City of Markham File No. PLAN 20 128679, Ontario Land Tribunal File No. OLT-22-003831”, be received; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the Confidential Report titled, “REQUEST FOR DIRECTION, 3555 Highway 7 Development Ltd. c/o Brivia Group, Ontario Land Tribunal Appeals for Official Plan and Zoning By-law Amendment Applications, 3505 and 3555 Highway 7 E (Ward 8), File No. PLAN 21 106315”, be received; and, That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

That the report titled, “REQUEST FOR DIRECTION 26 Honeybourne Crescent (Ward 4) Ontario Land Tribunal Appeal for Minor Variance”, be received; and, That Staff do all things necessary to give effect to these resolutions.

That the December 12, 2022, Confidential Report titled, Request for direction Markham main street rr inc. c/o smartcentres inc. Ontario land tribunal appeals for official plan and zoning by-law amendment applications, 1234, 136, 140, 144, and 152 main street north, and 12 wilson street (ward 4) be received; and, That Staff be authroized and directed to do all things necessary to give effect to these resolutions..

That the verbal update from the City Solicitor regarding Bill 109 be received.

That By-law 2023-4 be given three readings and enacted. Three Readings BY-LAW 2023-4 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 13, 2022

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

1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Tamil Heritage Month - January 2023 2. That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes: a. Tamil Heritage Month - January 7 - 14, 2023

1. That the report entitled “Award of RFP 200-R-22 - Consulting Engineering Services for the Detailed Design of the Markham Centre Trails (Phase 3) and Rouge Valley Trail (Phase 4B)” be received; and, 2. That the contract for consulting engineering services for the detailed design of the Markham Centre Trails (Phase 3) and Rouge Valley Trail (Phase 4B) be awarded to the highest ranked, 2nd lowest priced bidder, Aquafor Beech Limited in the amount of $523,201.08, inclusive of HST; and, 3. That a 10% contingency in the amount of $52,320.11 inclusive of HST, be established to cover any additional consulting services to deliver the study and that authorization to approve expenditures of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, 4. That the Engineering Department Capital Administration fee in the amount of $69,796.91, be transferred to revenue account 640-998- 8871 (Capital Administration Fee); and, 5. That the cost in the amount of $645,318.10 ($523,201.08 + $52,320.11 + $69,796.91) be funded from accounts 083-5350- 22033-005 and 083-5350-22034-005 with budget available of $1,068,200.00; and, 6. That the remaining budget in the amount of $150,000.00 be used for permits, indigenous consultation and fees related to the acquisition of land for Rouge Valley Trails (Phase 4B); and, 7. That the remaining budget in the amount of $272,881.91 be returned to the original funding source in the amount of $177,373.24 to DC and

1. That the report entitled “Contracts 197-S-22 Supply, Delivery, Installation and Storage of Office Furniture through the Government of Ontario VOR arrangement (Tender 13685) and #198-S-22 Supply and Delivery of Seating Furniture”, be received; and, 2. That the Supply, Delivery Installation and Storage of Office Furniture through the Government of Ontario VOR arrangement (Tender 13685) be awarded to POI Business Interiors (“POI”), the local authorized dealer of Steelcase furniture, for an initial term of 14 months (December 1, 2022 – January 31, 2024) in the amount of $87,500.00 inclusive of HST impact, and for up to two (2) additional one-year optional terms (February 1, 2024 – January 31, 2026) in the amount of $150,000.00 ($75,000 annual upset limit); and, 3. That pricing for POI be fixed in the initial term and adjustments for each optional year be based on the Consumer Price Index (CPI) Ontario All-Items (July to July); and, 4. That the Supply and Delivery of Seating Furniture be awarded to NUA Office Inc. (“NUA”), the local authorized dealer of Allsteel furniture, to an annual upset limit of $50,000 inclusive of HST impact, for an initial term of one (1) year and up to four (4) 8 additional one-year optional terms, totaling $250,000 inclusive of HST impact; and, 5. That pricing for NUA be adjusted, based on manufacturer’s price increase for products and Consumer Price Index (CPI) Ontario All- Items (July to July) for services, subject to City’s approval and, 6. That th

1. That the report dated December 6, 2022 titled “Status of Capital Projects as of September 30, 2022” be received; and, 2. That the Projects Completed within Scope with Surplus Funds and the Projects Completed within Scope without Surplus Funds, as 9 identified on Exhibit B, be approved for closure and funds in the amount of $751,973 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 $66,100 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 $1,751,105 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 $56,316 to the approved amount of $100,000; and, 6. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $46,220 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 $9,616 to the approved amount of $100,000; and, 8. That the following new capital projects, initiated subsequent to the approval of the 2022 capital budget, be received: 1. Project 22343 – John Street Brid

1. That the Report "Appointment of Members to the Markham Mayor’s Youth Council" for the period of September 7, 2022 to June 30, 2023 be received; and, 2. That the following Appointments of Members to the Markham Mayor’s Youth Council be confirmed for the term September 7, 2022 to June 30, 2023; and further, Name School Grade Ward Sabine Cuesta St. Robert Catholic High School 9 1 Silken Cheung- St. Brother Andre Catholic 9 4 Ege High School Christian St. Robert Catholic High School 9 1 Matros Varna Markville Secondary School 9 6 Venkatesh Benjamin Kim Huron Heights Secondary 9 8 School Zoe St. Robert Catholic High School 10 1 Chakraborty Jin Zhou Thornhill Secondary School 10 1 Melody Cao Bayview Secondary School 10 2 Mehrava Bayview Secondary School 10 2 Afshani 11 Hadia Rasool Markham District High School 10 7 Arya Waza Father Michael McGivney 10 7 Catholic High School Aiden Ma St. Robert Catholic High School 11 1 Elyssa Qi St. Augustine Catholic High 11 2 School Anjani Sharma St. Augustine Catholic High 11 3 School Tom Zheng Crescent School 11 3 Jiabei He Bill Hogarth Secondary School 11 5 Callista Chan St. Augustine Catholic High 11 6 School Karina Florea Thornhill Secondary School 12 1 Stephanie Bayview Secondary School 12 2 Sheng Eric Gao Unionville High School 12 3 Allen Wang Unionville High School 12 3 Enya Law Bill Hogarth Secondary School 12 5 Gloria Huang Bill Hogarth Secondary School 12 5 Isabelle Cai Unionville High School 12 5 Rachel Zhang Pierre Elliott Trudeau

1. That the report “Award of Proposal 031-R-22 City of Markham Group Benefits Provider (York Coop #CRFP2021-02)” be received; and, 2. That Award of Proposal 031-R-22 City of Markham Services Group Benefits Provider (York Coop # CRFP2021-02)”, Part A - Group Benefits – Accidental Death and Dismemberment be awarded to Industrial Alliance for a five (5) year contract term (January 1, 2023 – December 31, 2027) with an option for five additional one (1) year terms, in the estimated 2023 amount of $30,411 exclusive of tax, to be funded from account 030 220 0034 Accidental Death and Dismemberment; and, 3. That Award of Proposal 031-R-22 City of Markham Group Benefits Provider (York Coop #CRFP2021-02)”, Part B - Group Benefits – Health, Dental, Life and Long Term Disability) be awarded to Sun Life Financial of Canada for a five (5) year contract term, (January 1, 2023 – December 31, 2027), with an option for five additional one (1) year terms, in the estimated 2023 amount of $627,688 exclusive of tax (excluding the cost of ASO funded Extended Health and Dental claims of approximately $6M), to be funded from various benefit accounts as described in the report; and, 4. That the Chief Administrative Officer (CAO) and City Solicitor and Director of People Services be authorized to execute an agreement with Industrial Alliance for the provision of the Group Benefits – Accidental Death and Dismemberment), in a form satisfactory to the City Solicitor and Director of People Services; and, 5.

14 1. That the report “Independent Electricity System Operator Expedited Long-Term Reliability Request for Proposals (“E-LT1 RFP”) Municipal Support Resolution” be received; and, 2. That Markham City Council support the Alectra/Convergent proposed Battery Energy Storage Systems at 7970 Markham Road (Ward 7) and 3430 14th Ave (Ward 8) by issuing a Municipal Support Resolutions for the E-LT1-RFP in the form shown in Appendix A; and, 3. That the Director of Sustainability & Asset Management be delegated the signing authority for any additional Municipal Support Resolutions requested for the E-LT1-RFP or similar on behalf of the City of Markham; and further, 4. That staff be authorized to do all things necessary to give effect to this resolution.

1. That the report entitled “Request for Proposal 188-R-22 Thornlea Pool Maintenance” be received; and, 15 2. That the contract for Services be awarded to the sole bidder, PPL Aquatic, Fitness & Spa Group Inc. for a term of two (2) years in the total amount of $425,336.44 inclusive of HST as per the following; and, o January 1, 2023- December 31, 2023 - $212,668.22 o January 1, 2024- December 31, 2024 - $212,668.22 Total: $425,336.44 3. That the contract include an option for the City (in its sole discretion) to extend the contract for up to three (3) additional one (1) year terms. Pricing will be firm for the first two years of the contract and prices in years three, four and five will be subject to Consumer Price Index (CPI) increase (All-Items Ontario March) to a maximum of 4%; and, 4. That the Director of Recreation and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract for an additional three (3) one year periods subject to Council’s approval of the annual operating budget, vendor performance, and an increase based on the CPI (All-Items Ontario March) to a maximum of 4%; and, 5. That the award be funded from the Recreation Service facility maintenance account 501-911-5314, subject to Council approval of the 2023-2027 operating budgets; and, 6. The annual shortfall of $25,668.22 be captured as part of the 2023 contract escalations and adjusted accordingly, subject to Council approval of the 2023-2027 operating budgets; and further, 7. Th

16 1. That the report entitled “Consulting Services to Secure Access to Community Data Insights and Analysis” be received; and, 2. That the tendering process for consulting services to secure access to community data insights and analysis” be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 Non Competitive Procurement, item (b) which states, “Where there is only one source of supply for the goods to be purchased”; and, 3. That the contract for consulting services be awarded to Environics Analytics for a five (5) year term in the amount of $387,507.00 inclusive of HST; and, o $74,862 Year 1 (2023) o $76,155 Year 2 (2024) o $77,475 Year 3 (2025) o $78,821 Year 4 (2026) o $80,194 Year 5 (2027) o Total $387,507 4. That the 2023-2027 award amounts be funded from the 2023 Capital Project - City of Markham Environics Analytics, and operating accounts 610 998 5808 (Business Development), 998 100 5630 (Library), and 500 998 5630 (Recreation) subject to Council approval of the annual budget; and further, 5. 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. (Items 1 to 2):

1. That the deputations by Barry Nelson, Alena Gotz, Aileen- Willowbrook Ratepayer Association (AWRA), and Evelin Ellison, regarding the “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022 File No. PR 22 260697”, be received; and, 2. That the written submission by BiLD regarding “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022 File No. PR 22 260697”, be received; and, 3. That the report dated November 29, 2022, titled “City of Markham’s Response to Bill 109 - More Homes for Everyone Act, 2022 File No. PR 22 260697”, be received; and, 4. That the record of the Public Meeting held on December 6, 2022 with respect to the proposed City-initiated Official Plan Amendment, Site Plan Delegation By-law and Pre Application Consultation By-law (File No. PR 22 260697), to establish new Official Plan policies, site plan delegation and pre-application consultation procedures be received; and, 5. That the City-initiated Official Plan Amendment to amend certain Section 9 policies, Section 10.4 and Section 10.6 of the in force 2014 Official Plan, as amended, be forwarded directly to Council, for adoption; and, 6. That the City-initiated Site Plan Delegation By-law to designate the Director of Planning and Urban Design, or delegate as its delegated officer, employee or agent of the municipality to approve site plans, be forwarded directly to Council, for enactment; and, 7. That the City-initiated Pre-Application Consultation By-law to implemen

19 That the report of the Development Services Committee be received & adopted. (Items 1 to 10): save and except Items # 8.4.7 and 8.4.8.

1. That the December 12, 2022, staff report titled, “Proposed Demolition, 7861 Highway 7, Locust Hill, Rouge National Urban Park, Ward 5”, be received; and, 2. That Markham Council provides the following feedback on the proposed demolition of 7861 Highway 7, the Nighswander Tenant House: o Due to the advance state of decay and deterioration that has occurred over many years as a result of a lack of maintenance, poor stewardship, vacancy and abandonment, regrettably, the demolition of the building appears to be the most reasonable course of action; and, o The potential salvage and re-purposing of heritage elements from the property is supported; and, o The introduction of heritage interpretive features to celebrate and inform visitors of the former Nighswander buildings is also supported, and could include a Markham Remembered interpretive panel; and, 3. That Markham Council requests that with regard to other cultural heritage resources within the National Urban Park, Parks Canada at minimum maintain the heritage features/attributes of the cultural heritage assets it has committed to invest in to support re- occupancy or during regular maintenance of the assets; and, 4. That Markham Council encourages Parks Canada to protect and maintain those cultural heritage assets located in the Markham area of the Rouge National Urban Park of which the City has previously provided financial investments in support of their maintenance and conservation; and further, 20 5. That Staff be auth

1. That the report titled, “RECOMMENDATION REPORT, The Regional Municipality of York, Application for Zoning By-law Amendment to permit temporary outdoor storage for new vehicles at 350 Yorktech Drive (Ward 8), File No. PLAN 21 147736”, be received; and, 2. That the Zoning By-law Amendment application submitted by The Regional Municipality of York be approved and the draft Zoning 21 By-law Amendment, attached hereto as Appendix ‘A’, be finalized and enacted without further notice; 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 “Authority to provide Development Charge (DC) Credits and/or Reimbursements for the Construction of a Trunk Sanitary Sewer by the Landowners in the Berczy Glen Secondary Plan Area and the Trustee of Berczy Glen Landowners Group Inc. (Wards 2 and 6)” be received; and, 2. That Council authorize Development Charge Credits and/or Reimbursements not exceeding $21,985,407.00 to the Trustee of Berczy Glen Landowners Group Inc. (“Trustee”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan, Angus Glen Secondary Plan, and Employment block in the City’s Future Urban Area (FUA) and lands external to the FUA with such credits being: a. Area Specific Development Charges to a maximum of $21,357,548 and, b. City Wide Hard Development Charges to a maximum of $627,859; and, 3. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $3,518,308.00 to Berczy Warden Holdings Inc. (“DG Group”) for the design, contract administration, and construction costs associated with the construction of a trunk sanitary sewer (Trunk Sanitary Sewer) that will service the Berczy Glen Secondary Plan and Employment block in the FUA; and, 4. That Council authorize an Area-Specific Development Charge Credit and/or Reimbursement not exceeding $598,000.00 to Monarch Berczy Glen Developments Limited (“Mon

1. That the Deputation by Barry Nelson regarding “Comments on the More Homes Built Faster Act, 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, 2. That the report dated December 12, 2022 titled “Comments on the More Homes Built Faster Act, 2022 (Bill 23) and Associated Registry Postings - Part 2” be received; and, 3. That this report be forwarded to the Minister of Municipal Affairs and Housing and Natural Resources and Forestry, and York Region as the City of Markham’s comments on the More Homes Built Faster Act, 2022 (Bill 23) and Associated Registry Postings; and, 4. That the Province undertake an extensive review and public engagement program, should a new integrated province-wide policy planning document be released; and, 5. That the Province meet with municipalities to develop a transition plan should the Parkway Belt West Plan be revoked; and, 6. That any development of an ecological off-setting program by the Province be based on the TRCA model and ensure the long term protection of provincially significant features; and, 7. That Council not endorse the changes to the definition of ‘watercourse’ and ‘other areas’ in the proposed regulation under the Conservation Authorities Act; and, 8. That the City request the Province refrain from selling any land in the Parkway Belt West Plan until it is planned and zoned; and, 9. That higher order transit infrastructure be protected along the entire Parkway West Belt Lands; and, 10. That the Milne Conse

That By-laws 2023-4 to 2023-6 and By-laws 2023-8 to By-law 2023-21 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 1:52PM.

1. That the confidential Council minutes of the Special Council meeting held on December 1, 2022 be adopted.

1. That the Confidential Report titled, “UPDATE REGARDING 7647 KENNEDY ROAD OLT APPEALS City of Markham File No. PLAN/SPC 20 136196”, be received; and further, 2. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

1. That the confidential report titled, “REQUEST FOR DIRECTION REPORT, 1107656 Ontario Inc. (Times Group), OLT Appeal of 35 the Official Plan and Zoning By-law Amendment applications to permit six high rise apartment buildings on the west side of South Park Road, south of Highway 7, within Blocks 46 and Part of Block 49, Plan 65M-3226 (Ward 8), City of Markham File No. PLAN 20 128679, Ontario Land Tribunal File No. OLT-22- 003831”, be received; and further, 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the Confidential Report titled, “REQUEST FOR DIRECTION, 3555 Highway 7 Development Ltd. c/o Brivia Group, Ontario Land Tribunal Appeals for Official Plan and Zoning By-law Amendment Applications, 3505 and 3555 Highway 7 E (Ward 8), File No. PLAN 21 106315”, be received; and further, 2. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

36 1. That the report titled, “REQUEST FOR DIRECTION 26 Honeybourne Crescent (Ward 4) Ontario Land Tribunal Appeal for Minor Variance”, be received; and further, 2. That Staff do all things necessary to give effect to these resolutions.

1. That the December 12, 2022, Confidential Report titled, Request for direction Markham main street rr inc. c/o smartcentres inc. Ontario land tribunal appeals for official plan and zoning by-law amendment applications, 1234, 136, 140, 144, and 152 main street north, and 12 wilson street (ward 4) be received; and further, 2. That Staff be authroized and directed to do all things necessary to give effect to these resolutions..