The Markham Record

Council Meeting

February 23, 2022

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 (31 motions)

30 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the Council Meeting held on February 8, 2022, be adopted.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
That the deputation of Barry Nelson be received. (See Item 8.1.2, Report No. 5 for Council's decision on this matter.)
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Epilepsy Awareness Month and Purple Day - March 26, 2022 Day of Mourning for Workers Killed or Injured on the Job - April 28, 2022 Pakistan National Day - March 23, 2022 That the following request for flag to be flown at half-mast at the Civic Centre, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes: Day of Mourning for Workers Killed or Injured on the Job April 28, 2022 (Organized by The City of Markham) That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: Markham Down Syndrome Day - March 21, 2022 Daughter’s Day - November 7, 2022
Moved by Councillor Khalid Usman, seconded by Councillor Andrew Keyes
Carried
That the report of the Development Services Committee be received & adopted. (Items 1and 2):
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the staff report dated February 7, 2022 titled “Recommendation Report, Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd., Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit approximately 823 dwelling units (756 gro und related and 67 in a mixed-use block) on Part of Lots 23 and 24, Concession 6 (East side of Kennedy Road north of Major Mackenzie Drive) (Ward 6), File No.: PLAN 20 133038,” be received; and, That in accordance with the provisions of subsections 45 (1.4) of the Planning Act , R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and, That the application submitted by Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd. to amend Zoning By-law 304-87, as amended, be approved and the draft Zoning By-law attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice’; and, That Draft Plan of Subdivision 19TM-20010 be approved in principle, subject to the conditions set out in Appendix ‘B’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to staff’s satisfaction; and, That the Director of Planning and Urban Design or his designate, be delegated authority to issue Draft
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and, Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of our community”; and, Whereas our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and, Whereas our Official Plan is ultimately approved by the province; and, Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the City of Markham Official Plan; and, Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the City of Markham Official Plan; and Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of the City of Markham; and, Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in complianc
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report of the General Committee be received & adopted. (Items 1 and 2):
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report entitled "Contract Extension for Water Meter Reading & Billing Services " be received; and, That the contract for Water Meter Reading & Billing Services with Alectra Utilities be extended for up to an additional 3 years (January 1, 2022 to December 31, 2024) increasing from $1,553,680.00 to $1,600,290.67 inclusive of HST for 2022, a 3% escalation over the 2021 rate and 3% each year thereafter; and, That the Mayor and Clerk be authorized to execute a Shared Services Agreement extension agreement between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and, That the tender process be waived in accordance with Purchasing By-Law 2007-8 Part II, Section 11.1 (c) which states "when the extension of an existing contract would prove more cost effective or beneficial"; and Section 11.2 which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by Utility Companies”; and, That the CAO be authorized to execute a Transition Agreement (or such other similar agreement, as required) between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and, That the CAO be authorized to enter into a Collaboration Agreement (or such other similar agreement, as required) between the City and any or all of the Cities of Hamilton, Guelph and Vaughan in a form satisfactory to the City Solicitor; and, That Council approve a new 2022 Capital Budget for th
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report titled “Mutual Aid and Assistance Agreement for Ontario Water/Wastewater Agency Response Network (OnWARN)” be received; and, That the Director of Environmental Services be authorized to execute a Memorandum of Understanding (“Agreement”) to participate in the Ontario Water/Wastewater Agency Response Network (“OnWARN”) program, provided the form of the agreement is satisfactory to the Commissioner of Community Services and the City Solicitor; and, That any expenditures by the Environmental Services Department in connection with responding to or requesting emergency aid and assistance pursuant to the Agreement adhere to the Expenditure Control Policy and the Purchasing Bylaw 2017-8; and, That the Director of Environmental Services be authorized to act as “Authorized Official” under the Agreement and to carry out the responsibilities of the Authorized Official as described in the Agreement, including the following: To decide whether to respond to requests for assistance from other requesting member participants of OnWARN; To respond to requests for assistance from other requesting member participants of OnWARN; To determine the extent of aid or assistance to be provided to requesting member participants of OnWARN; To request assistance from participating members of OnWARN if required; and To withdraw from the OnWARN at his or her sole discretion; and, That the Director of Environmental Services be authorized to administer the City’s participation in OnWARN; and f
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
That the report of the Special Development Services Committee be received & adopted. (1 Item only):
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report dated January 24, 2022 entitled “York Region Transportation Master Plan Update” and the presentation by York Region staff be received; and, That York Region be requested to consider incorporating the following changes into the 2022 Transportation Master Plan Update: Extend the Leslie Street rapid transit corridor via Major Mackenzie Drive and Woodbine Avenue to the employment lands in the Markham Innovation Exchange (MiX) district; Road-rail grade separation on 16th Avenue, east of Highway 48 be subject to the recommendation of the Markham Road/Mount Joy Secondary Plan study; Confirm the Regional plan for the Highway 48 – Donald Cousens Parkway connection in the northeast quadrant of the Major Mackenzie Drive/Highway 48 intersection; Add the Denison GO Station; Confirm the Regional role and responsibility for infrastructure on Regional road boulevards, including sidewalks, multi-use paths, cycle tracks, and street-lighting, and prepare a York Region 10-year capital plan for the cycling network on Regional corridors that is aligned with the City’s Active Transportation Master Plan and implementation strategy; Jurisdictional transfer of local Markham roads to the Region, such as 19 th Avenue and Reesor Road, as they increasingly serve a Regional function; and, That comments in this staff report and additional input from Council be forwarded to York Region as the City’s formal comments on the draft York Region Transportation Master Plan; and further, That Staff b
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report of the Development Services Committee be received & adopted. (1 Item only):
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That the report dated February 22, 2022 entitled “Transfer Payment Agreement for the Streamline Development Approval Fund and Approved Projects for the Provincial Audit and Accountability Fund Intake 3” be received; and, That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) for the Streamline Development Approval Fund, provided the agreement is in a form satisfactory to the Commissioner of Development Services and the City Solicitor; and, That Staff be directed to proceed with the following projects and resourcing requirements through the Streamline Development Approval Fund to a maximum total cost of up to $1,000,000 and procured in accordance with the Expenditure Control Policy: Conduct an end to end review of the development review process Acquire additional ePLAN workflow reviews as identified from the LEAN review Upgrade ePLAN development review and commenting software to version 9.2 Implement ePLAN website improvements Acquire 3D modelling software and professional services to build modelling of selected secondary plan areas Acquire GIS software and professional services to build an interface for open data on development and building permit applications Upgrade AMANDA software to version 7, the database that stores development and building permit application data (project started in 2021 and qualifies for cost
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
That By-laws 2022-10, 2022-11 and 2022-13 be given three readings and enacted and that By-law 2022-12 be
Moved by Councillor Karen Rea, seconded by Councillor Alan Ho
Deferred
That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 1:58 PM: 14.1.1 CONFIDENTIAL COUNCIL MINUTES - FEBRUARY 8, 2022 [Section 239 (2) (a) (b) (c) (e) (f)] (16.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (UBIA) (16.24) [SECTION 239 (2)(b)] 14.1.3 A TRADE SECRET OR SCIENTIFIC, TECHNICAL, COMMERCIAL, FINANCIAL OR LABOUR RELATIONS INFORMATION, SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD, WHICH, IF DISCLOSED, COULD REASONABLY BE EXPECTED TO PREJUDICE SIGNIFICANTLY THE COMPETITIVE POSITION OR INTERFERE SIGNIFICANTLY WITH THE CONTRACTUAL OR OTHER NEGOTIATIONS OF A PERSON, GROUP OF PERSONS, OR ORGANIZATION [SECTION 239 (2) (i)] AND A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS
Moved by Councillor Reid McAlpine, seconded by Councillor Amanda Collucci
Carried
That Council rise from Confidential session at 4:57 PM.
Moved by Councillor Khalid Usman, seconded by Regional Councillor Jack Heath
Carried
That the confidential Council minutes of the Council Meeting held on February 8, 2022, be adopted.
Moved by Regional Councillor Joe Li, seconded by Councillor Karen Rea
Carried
That the following persons be appointed to the Unionville BIA with a term expiry as indicated below: Name Term Expiry Kimberly Wake November 14, 2022
Moved by Councillor Reid McAlpine, seconded by Deputy Mayor Don Hamilton
Carried
That the confidential presentation from staff be received, and, That Council authorize the Mayor and Chief Administrative Officer to confirm in writing the key issues identified in confidential presentation; and That the City supports the proposed structures as described in the confidential presentation, subject to the submission and review of a site plan control application and building permit applications; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (Carried by Recorded Vote (11-2)) (See following Recorded Vote)
Moved by Councillor Amanda Collucci, seconded by Councillor Khalid Usman
Carried
In favour (11): Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee · Opposed (1): Regional Councillor Jack Heath
That the confidential update on information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them (Ward 1); be received; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Amanda Collucci, seconded by Councillor Khalid Usman
Carried
That By-law 2022-14 be given three readings and enacted. Three Readings BY-LAW 2022-14 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 23, 2022.
Moved by Councillor Alan Ho, seconded by Councillor Andrew Keyes
Carried
That the Council meeting be adjourned at 5:10 PM.
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried
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. Epilepsy Awareness Month and Purple Day - March 26, 2022 4 b. Day of Mourning for Workers Killed or Injured on the Job - April 28, 2022 c. Pakistan National Day - March 23, 2022 2. That the following request for flag to be flown at half-mast at the Civic Centre, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes: a. Day of Mourning for Workers Killed or Injured on the Job April 28, 2022 (Organized by The City of Markham) 3. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: a. Markham Down Syndrome Day - March 21, 2022 b. Daughter’s Day - November 7, 2022
Moved by Councillor Khalid Usman, seconded by Councillor Andrew Keyes
Carried
1. That the staff report dated February 7, 2022 titled “Recommendation Report, Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd., 5 Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit approximately 823 dwelling units (756 ground related and 67 in a mixed-use block) on Part of Lots 23 and 24, Concession 6 (East side of Kennedy Road north of Major Mackenzie Drive) (Ward 6), File No.: PLAN 20 133038,” be received; and, 2. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and, 3. That the application submitted by Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd. to amend Zoning By-law 304-87, as amended, be approved and the draft Zoning By-law attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice’; and, 4. That Draft Plan of Subdivision 19TM-20010 be approved in principle, subject to the conditions set out in Appendix ‘B’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to staff’s satisfaction; and, 5. That the Director of Planning and Urban Design or his designate, be delegated authority
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the report entitled "Contract Extension for Water Meter Reading & Billing Services " be received; and, 8 2. That the contract for Water Meter Reading & Billing Services with Alectra Utilities be extended for up to an additional 3 years (January 1, 2022 to December 31, 2024) increasing from $1,553,680.00 to $1,600,290.67 inclusive of HST for 2022, a 3% escalation over the 2021 rate and 3% each year thereafter; and, 3. That the Mayor and Clerk be authorized to execute a Shared Services Agreement extension agreement between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and, 4. That the tender process be waived in accordance with Purchasing By- Law 2007-8 Part II, Section 11.1 (c) which states "when the extension of an existing contract would prove more cost effective or beneficial"; and Section 11.2 which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by Utility Companies”; and, 5. That the CAO be authorized to execute a Transition Agreement (or such other similar agreement, as required) between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and, 6. That the CAO be authorized to enter into a Collaboration Agreement (or such other similar agreement, as required) between the City and any or all of the Cities of Hamilton, Guelph and Vaughan in a form satisfactory to the City Solicitor; and, 7. That Council approve a new 20
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
9 1. That the report titled “Mutual Aid and Assistance Agreement for Ontario Water/Wastewater Agency Response Network (OnWARN)” be received; and, 2. That the Director of Environmental Services be authorized to execute a Memorandum of Understanding (“Agreement”) to participate in the Ontario Water/Wastewater Agency Response Network (“OnWARN”) program, provided the form of the agreement is satisfactory to the Commissioner of Community Services and the City Solicitor; and, 3. That any expenditures by the Environmental Services Department in connection with responding to or requesting emergency aid and assistance pursuant to the Agreement adhere to the Expenditure Control Policy and the Purchasing Bylaw 2017-8; and, 4. That the Director of Environmental Services be authorized to act as “Authorized Official” under the Agreement and to carry out the responsibilities of the Authorized Official as described in the Agreement, including the following: a. To decide whether to respond to requests for assistance from other requesting member participants of OnWARN; b. To respond to requests for assistance from other requesting member participants of OnWARN; c. To determine the extent of aid or assistance to be provided to requesting member participants of OnWARN; d. To request assistance from participating members of OnWARN if required; and e. To withdraw from the OnWARN at his or her sole discretion; and, f. That the Director of Environmental Services be authorized to administer the City’
Moved by Regional Councillor Jack Heath, seconded by Councillor Andrew Keyes
Carried
1. That the report dated January 24, 2022 entitled “York Region Transportation Master Plan Update” and the presentation by York Region staff be received; and, 2. That York Region be requested to consider incorporating the following changes into the 2022 Transportation Master Plan Update: a. Extend the Leslie Street rapid transit corridor via Major Mackenzie Drive and Woodbine Avenue to the employment lands in the Markham Innovation Exchange (MiX) district; b. Road-rail grade separation on 16th Avenue, east of Highway 48 be subject to the recommendation of the Markham Road/Mount Joy Secondary Plan study; c. Confirm the Regional plan for the Highway 48 – Donald Cousens Parkway connection in the northeast quadrant of the Major Mackenzie Drive/Highway 48 intersection; d. Add the Denison GO Station; e. Confirm the Regional role and responsibility for infrastructure on Regional road boulevards, including sidewalks, multi-use paths, cycle tracks, and street-lighting, and prepare a York Region 10- year capital plan for the cycling network on Regional corridors that is aligned with the City’s Active Transportation Master Plan and implementation strategy; 11 f. Jurisdictional transfer of local Markham roads to the Region, such as 19th Avenue and Reesor Road, as they increasingly serve a Regional function; and, 3. That comments in this staff report and additional input from Council be forwarded to York Region as the City’s formal comments on the draft York Region Transportation Master P
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
Carried
1. That the report dated February 22, 2022 entitled “Transfer Payment Agreement for the Streamline Development Approval Fund and Approved Projects for the Provincial Audit and Accountability Fund Intake 3” be received; and, 2. That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) for the Streamline Development Approval Fund, provided the agreement is in a form satisfactory to the Commissioner of Development Services and the City Solicitor; and, 12 3. That Staff be directed to proceed with the following projects and resourcing requirements through the Streamline Development Approval Fund to a maximum total cost of up to $1,000,000 and procured in accordance with the Expenditure Control Policy: a. Conduct an end to end review of the development review process b. Acquire additional ePLAN workflow reviews as identified from the LEAN review c. Upgrade ePLAN development review and commenting software to version 9.2 d. Implement ePLAN website improvements e. Acquire 3D modelling software and professional services to build modelling of selected secondary plan areas f. Acquire GIS software and professional services to build an interface for open data on development and building permit applications g. Upgrade AMANDA software to version 7, the database that stores development and building permit application data (project start
Moved by Regional Councillor Jim Jones, seconded by Councillor Keith Irish
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 1:58 PM: 14.1.1 CONFIDENTIAL COUNCIL MINUTES - FEBRUARY 8, 2022 [Section 239 (2) (a) (b) (c) (e) (f)] (16.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (UBIA) (16.24) [SECTION 239 (2)(b)] 14.1.3 A TRADE SECRET OR SCIENTIFIC, TECHNICAL, COMMERCIAL, FINANCIAL OR LABOUR RELATIONS INFORMATION, SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD, WHICH, IF DISCLOSED, 15 COULD REASONABLY BE EXPECTED TO PREJUDICE SIGNIFICANTLY THE COMPETITIVE POSITION OR INTERFERE SIGNIFICANTLY WITH THE CONTRACTUAL OR OTHER NEGOTIATIONS OF A PERSON, GROUP OF PERSONS, OR ORGANIZATION [SECTION 239 (2) (i)] AND A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS
Moved by Councillor Reid McAlpine, seconded by Councillor Amanda Collucci
Carried
1. That the confidential presentation from staff be received, and, 2. That Council authorize the Mayor and Chief Administrative Officer to confirm in writing the key issues identified in confidential presentation; and 3. That the City supports the proposed structures as described in the confidential presentation, subject to the submission and review of a site plan control application and building permit applications; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. (
Moved by Councillor Amanda Collucci, seconded by Councillor Khalid Usman
Carried
That the Council meeting be adjourned at 5:10 PM. 18
Moved by Councillor Isa Lee, seconded by Councillor Keith Irish
Carried

The town’s own record

Read the minutes this page was read from →

Where this page and that document disagree, the document is right and this record is wrong. Say so and it will be corrected.