Council Meeting

That the Minutes of the Council Meeting held on April 20, 2021, 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 following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Nursing Week - May 10 to 16, 2021 Multiple Sclerosis Awareness Day - May 19, 2021 Pride Month - June 2021 Philippine Week - June 6 to 12, 2021 Philippines Independence Day - June 12, 2021 World Sickle Cell Day - June 19, 2021 That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: Day of Action Against Anti-Asian Racism - May 10, 2021

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

That the minutes of the Unionville Sub-Committee meeting held March 2, 2021, be received for information purposes, and, That the Terms of Reference for the Unionville Subcommittee be amended to increase the number of appointed Councillors from four (4) to five (5); and, That Councillor Isa Lee be appointed to the Unionville Subcommittee, and, 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 to the Trustee of Berczy Glen Landowners Group Inc. and to Mattamy (Berczy Glen) Limited (Wards 2 and 6)” be received; and, That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $8,000,000.00 to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract administration, and construction costs associated with the construction of a bridge crossing the Berczy Creek (“North Bridge”) for the northerly east-west collector road (Street ‘D’) in the Berczy Glen Community; and, That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $1,476,960.00, to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract administration, and construction costs associated with the construction of the watermain on Warden Avenue between Major Mackenzie Drive and Street ‘D’; and, That Council authorize the amount to be credited and/or reimbursed to the Trustee of Berczy Glen Landowners Group Inc. be increased after the update of the City-Wide Hard Development Charges By-law in 2022 to reflect the updated cost of the watermain on Warden Avenue, between Major Mackenzie Drive and Street ‘D’ which is currently estimated at $6,100,000.00; and, That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $639,904.00, to Mattamy (Berczy Glen) Limited fo

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

That the report entitled “Request to Increase Purchase Order for Consulting Engineering Services to Design Extension of Trunk Sewer and Watermain in Highway 404 North Secondary Plan Area” be received; and That Purchase Order PD 18309 issued to SCS Consulting Group Ltd. for the detailed design of the extension of the existing trunk watermain and trunk sanitary sewer on Woodbine Avenue be increased by $391,404.58 inclusive of HST impact, to cover the additional design work required for the project; and That Purchase Order PD 18310 for the contingency for the detailed design of the trunk watermain and trunk sanitary sewer on Woodbine Avenue be increased by $39,140.46 inclusive of HST impact, to cover any additional design work required for the project and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and That the Engineering Department Capital Administration Fee in the amount of $54,665.40 , inclusive of HST impact, be transferred to revenue account [640-998-8871(Capital Admin Fees); and That the 2019 Engineering Capital Account 19257 (Consulting Engineering Services for Hwy 404 North Sec Plan) be increased to cover the additional project estimates in the amount of $485,210.44 inclusive of HST impact, and funded from City Wide Hard Development Charges Reserve, and further, That Staff be authorized and directed to do all things necessary to give effect to this resolutio

That the report of the General Committee be received & adopted. (Items 1 to 3):

That the report dated April 26, 2021 entitled “2021 First Quarter Investment Performance Review” be received.

That the report titled “2021 Unionville Business Improvement Area and Markham Village Business Improvement Area Operating Budgets” dated April 26, 2021 be received; and, That the 2021 Operating Budget in the amount of $300,000 for the Unionville Business Improvement Area (UBIA) be approved; and, That the 2021 Operating Budget in the amount of $265,763 for the Markham Village Business Improvement Area (MVBIA) be approved; and, That the Special Tax Rate levy, in the amount of $214,221 for the UBIA members and $160,559 for the MBIA members be included in the 2021 Tax Levy By-law; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the presentation entitled “Markham Village/Unionville Flood Control Study Results,” be received; and, That Staff be authorized to hold Public Meetings to obtain feedback on the proposed implementation plan for the Markham Village and Unionville Mitigation Project; and, That Staff report back to Council with feedback obtained from the public prior to endorsement of the implementation plan for the Markham Village/Unionville Project; 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 Committee be received & adopted. (Items 1 and 2):

That the report on the “City of Markham Comments on Planning Act Changes Regarding Subdivision Control And Consents in Bill 276”, be received, and forwarded to the Minister of Municipal Affairs and Housing as the City of Markham’s Comments with respect to ERO Number 019-3495; and, That this report be forwarded to the Provincial Standing Committee on General Government as the City of Markham’s Comments with respect to Bill 276, Supporting Recovery and Competitiveness Act, 2021 ; and, That Council for the City of Markham strongly objects to the following changes to the Planning Act related to: a. the Proposed Minister’s Consent Order; and, allowing purchasers of land to apply for a consent; and, That should the Province enact the Minister's Consent Order changes to the Planning Act : That the legislation specify that any remnant parcels created by a Minister's Consent Order be required to comply with the local municipality's Official Plan and Zoning By-law; That the legislation specify that a Minister's Consent Order is required to comply with matters of Provincial interest, and, That the Minister notify and consult the Council of the municipality where a Consent Order is sought prior to issuing a Minister's Consent Order; and, That Council for the City of Markham supports the proposed one-year extension for an applicant to fulfill conditions of a consent, and that the Planning Act be amended to allow the extension to be delegated to staff; and, That Council for the City of Mar

That the application to remove one Black Walnut tree at 48 Church Street, Markham, be approved; and, That the applicant provide for six replacement trees . Two (2) trees to be planted on the property of 48 Church Street, and four (4) to be planted on 48 Church Street or any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $300.00 per tree for the 6 trees not on the property; and further, That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

That Council consider the matter of "Recommendation from The April 1, 2021 Licensing Committee Hearing (48 Church Street)", immediately following the Deputations with respect thereto.

That the following recommendation of the Licensing Committee from the Hearing held on April 1, 2021, be approved and adopted: That the application to remove one Norway Maple tree and one Blue Spruce tree at 62 Pennock Cres, Markham, be approved; and, That the applicant provide for six (6) replacement trees on the property of 62 Pennock Cres, or on any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $300.00 per tree; and further, That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

That Council consider the matter of "Recommendation from The April 1, 2021 Licensing Committee Hearing (62 Pennock Cres)", immediately following the Deputations with respect thereto.

That the following recommendation of the Licensing Committee from the Hearing held on March 29, 2021, be approved and adopted: That the application to remove one (1) Basswood tree at 70 Bishop Cres, Markham, be approved; and, That the applicant provide for six replacement trees on the property of 70 Bishop Cres, or on any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $300.00 per tree; and, That the appellant hire a licensed tree removal company to remove the tree and submit the contract to the City prior to removing the tree; and further, That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

That Council consider the matter of "Recommendation from The April 1, 2021 Licensing Committee Hearing (70 Bishop Cres)", immediately following the Deputations with respect thereto.

That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 2:25 p.m.: 14.1 COUNCIL 14.1.1 COUNCIL CONFIDENTIAL MINUTES - APRIL 20, 2021 (16.0) [ Section 239 (2) (f)] 14.1.2 APPROVAL OF RESTRICTED AND CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 10 AND NOVEMBER 24, 2020 (16.0) [Section 239 (2) (b)(d)] 14.1.3 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES [Section 239 (2) b) (8.0) 14.2 GENERAL COMMITTEE 14.2.1 LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS; RESTRICTED AND CONFIDENTIAL (11.0) [SECTION 239 (2)(d)] 14.2.2 THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD; (8.7) [SECTION 239 (2) (a)] 14.3 NEW/ OTHER BUSINESS 14.3.1 ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)] 14.3.2 INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM; (7.6, 6.6) [Section 239 (2) (h)]

That Council rise from Confidential session at 4:17 p.m.

That the confidential Council minutes dated April 20, 2021 be confirmed.

That the restricted and confidential Council minutes dated November 10 and November 24, 2020 be confirmed.

That information on personal matters about an identifiable individual, including municipal or local board employees, be received for information.

That information regarding labour relations or employee negotiations, be received for information; and, That staff proceed as directed at the May 4, 2021 confidential and restricted Council meeting.

That the confidential report on the security of the property of the municipality or local board; be received; and, That Staff be authorized and directed to take the actions set out in this report.

That the update related to advice subject to solicitor-client privilege, including communications necessary for that purpose; be received.

That By-law 2021-33 be given three readings and enacted. Three Readings BY-LAW 2021-33 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 4, 2021.

That the Council meeting be adjourned at 4:21 p.m.

3 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. Nursing Week - May 10 to 16, 2021 b. Multiple Sclerosis Awareness Day - May 19, 2021 c. Pride Month - June 2021 d. Philippine Week - June 6 to 12, 2021 e. Philippines Independence Day - June 12, 2021 f. World Sickle Cell Day - June 19, 2021 2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: a. Day of Action Against Anti-Asian Racism - May 10, 2021

That the report of the Development Services Committee be received & adopted. (Items 1 to 2): 4

1. That the report entitled “Authority to provide Development Charge (DC) Credits and/or Reimbursements to the Trustee of Berczy Glen Landowners Group Inc. and to Mattamy (Berczy Glen) Limited (Wards 2 and 6)” be received; and, 2. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $8,000,000.00 to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract 5 administration, and construction costs associated with the construction of a bridge crossing the Berczy Creek (“North Bridge”) for the northerly east-west collector road (Street ‘D’) in the Berczy Glen Community; and, 3. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $1,476,960.00, to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract administration, and construction costs associated with the construction of the watermain on Warden Avenue between Major Mackenzie Drive and Street ‘D’; and, 4. That Council authorize the amount to be credited and/or reimbursed to the Trustee of Berczy Glen Landowners Group Inc. be increased after the update of the City-Wide Hard Development Charges By-law in 2022 to reflect the updated cost of the watermain on Warden Avenue, between Major Mackenzie Drive and Street ‘D’ which is currently estimated at $6,100,000.00; and, 5. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $639,904.00, to Mattamy (Berczy

1. That the report entitled “Request to Increase Purchase Order for Consulting Engineering Services to Design Extension of Trunk Sewer 7 and Watermain in Highway 404 North Secondary Plan Area” be received; and 2. That Purchase Order PD 18309 issued to SCS Consulting Group Ltd. for the detailed design of the extension of the existing trunk watermain and trunk sanitary sewer on Woodbine Avenue be increased by $391,404.58 inclusive of HST impact, to cover the additional design work required for the project; and 3. That Purchase Order PD 18310 for the contingency for the detailed design of the trunk watermain and trunk sanitary sewer on Woodbine Avenue be increased by $39,140.46 inclusive of HST impact, to cover any additional design work required for the project and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and 4. That the Engineering Department Capital Administration Fee in the amount of $54,665.40 , inclusive of HST impact, be transferred to revenue account [640-998-8871(Capital Admin Fees); and 5. That the 2019 Engineering Capital Account 19257 (Consulting Engineering Services for Hwy 404 North Sec Plan) be increased to cover the additional project estimates in the amount of $485,210.44 inclusive of HST impact, and funded from City Wide Hard Development Charges Reserve, and further, 6. That Staff be authorized and directed to do all things necessary to give effe

9 1. That the presentation entitled “Markham Village/Unionville Flood Control Study Results,” be received; and, 2. That Staff be authorized to hold Public Meetings to obtain feedback on the proposed implementation plan for the Markham Village and Unionville Mitigation Project; and, 3. That Staff report back to Council with feedback obtained from the public prior to endorsement of the implementation plan for the Markham Village/Unionville Project; and further, 4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

19 1. That Council consider the matter of "Recommendation from The April 1, 2021 Licensing Committee Hearing (62 Pennock Cres)", immediately following the Deputations with respect thereto.

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:25 p.m.: 14.1 COUNCIL 14.1.1 COUNCIL CONFIDENTIAL MINUTES - APRIL 20, 2021 (16.0) [ Section 239 (2) (f)] 14.1.2 APPROVAL OF RESTRICTED AND CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 10 AND NOVEMBER 24, 2020 (16.0) [Section 239 (2) (b)(d)] 14.1.3 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES [Section 239 (2) b) (8.0) 14.2 GENERAL COMMITTEE 14.2.1 LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS; RESTRICTED AND CONFIDENTIAL (11.0) [SECTION 239 (2)(d)] 14.2.2 THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD; (8.7) [SECTION 239 (2) (a)] 14.3 NEW/ OTHER BUSINESS 14.3.1 ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)] 14.3.2 INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A 21 PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM; (7.6, 6.6) [Section 239 (2) (h)]

1. That the restricted and confidential Council minutes dated November 10 and November 24, 2020 be confirmed. 22

1. That the confidential report on the security of the property of the municipality or local board; be received; and, 23 2. That Staff be authorized and directed to take the actions set out in this report.