Council Meeting

That the Minutes of the Council Meeting held on December 9, 2020; December 16, 2020 and the December 14, 2020 Special Council Education Session, 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: Tamil Heritage Month - January 2021 Day of Mourning for Workers Killed or Injured on the Job - April 28, 2021 Firefighter's National Memorial Day - September 12, 2021 Police and Peace Officers' National Memorial Day - September 26, 2021 National Day of Remembrance and Action on Violence Against Women - December 6, 2021 Nanjing Massacre Day - December 13, 2021 Republic Day of India - January 26, 2021 That the following requests 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: Day of Mourning for Workers Killed or Injured on the Job - April 28, 2021 (Organized by The City of Markham) Firefighter's National Memorial Day - September 12, 2021 (Organized by The City of Markham) Police and Peace Officers' National Memorial Day - September 26, 2021 (Organized by The City of Markham) National Day of Remembrance and Action on Violence Against Women - December 6, 2021 (Organized by The City of Markham)

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

That the memorandum entitled “Emerald Ash Borer (EAB) Program Completion Summary” dated January 18, 2021 be received; and, That at project completion, the remaining funds in project #16165 – Emerald Ash Borer, in the amount of $111,682 be returned to the Life Cycle Replacement and Capital Reserve; 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 staff report titled “Request for Demolition, 12 Imperial College Lane (formerly 9900 Markham Road), William Clarry House, Sunny Communities, Ward 6”, dated January 25, 2021, be received; and, That Council, with regret, support the demolition of the William Clarry House subject to the owner providing the following: Compensation in the form of a $200,000 contribution to the City’s Heritage Preservation Account (087 2800 115) so that the financial contribution can be used on other municipal heritage projects in the community; Provision and installation of an historical interpretative plaque to celebrate the William Clarry House, to be placed in a publicly visible location on the original property, and designed according to the specifications of the "Markham Remembered" program; and The lot intended for the heritage dwelling within the subdivision be designed and constructed as a parkette, at the owner’s expense to the City’s specifications, with a public easement over the site to the satisfaction of the City; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled, “City of Markham Comments on Planning Act Provisions Regarding Enhanced Ministerial Authority to Address and Implement Site Plan Matters and Inclusionary Zoning as Part of a Zoning Order (Environmental Registry of Ontario Posting #019-2811)”, dated January 25, 2021, be received; and, That this report be forwarded to the Ministry of Municipal Affairs and Housing as the City of Markham’s comments on the Province’s request for input on Planning Act provisions regarding enhanced ministerial authority to address and implement site plan matters and inclusionary zoning as part of a Zoning Order; and, That the City of Markham not support the enhanced authority to address site plan matters in a Minister’s Zoning Order and recommends that it be repealed; and, That should the Minister maintain the enhanced authority to address site plan matters through a Minister’s Zoning Order, the City of Markham recommends that it only apply to situations where the site plan is supported by the Council of that municipality; and, That the City of Markham supports the minister’s enhanced authority to require inclusionary zoning for affordable housing and recommends that the Minister only exercise this authority following consultation with the affected municipality to address local planning and implementation matters and where the Council of the municipality supports the issuance of the MZO; and, That the Minister be requested to ensure appropriate public involvement opportunit

That By-laws 2021-1 to 2021-9 and 2021-11 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 1:45 pm: 14.1 COUNCIL 14.1.1 CONFIDENTIAL COUNCIL MINUTES - DECEMBER 9, 2020 AND DECEMBER 14, 2020 SPECIAL COUNCIL EDUCATION AND TRAINING MINUTES (16.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)] 14.1.3 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)] 14.2 GENERAL COMMITTEE 14.2.1 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)] 14.2.2 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; PROPOSED ACQUISITION OF REAL PROPERTY (8.6) [SECTION 239 (2) (c)] 14.2.3 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES(16.24) [Section 239 (2) (b)] 14.3 NEW/ OTHER BUSINESS 14.3.1 CONFIDENTIAL DEVELOPMENT SERVICES COMMITTEE MINUTES – DECEMBER 8, 2020 (10.0) 14.3.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – 201 HELEN AVENUE (8.0) [SECTION 239 (2) (e)] 14.3.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – YONGE AND STEELES DEVELOPMENTS INC. (8.0) [SECTION 239 (2) (e)]

That Council rise from Confidential session at 2:19 pm.

That the confidential minutes of the Council Meeting held on December 9, 2020 and the December 14, 2020 Special Council Education Session, be adopted.

That the following persons be appointed or re-appointed to the German Mills Meadow & Natural Habitat Liaison Committee with a term expiry as indicated: Name Term Gail Lavery November 30, 2023 Bernard Sze November 30, 2022 Kimberly Seymour November 30, 2022 Edith Kangas November 30, 2024 Terrance (Ted) Kelly November 30, 2024 Yang Jingli November 30, 2023

That the following persons be appointed to the Race Relations Committee with a term expiry as indicated: Name Term Madge Logan November 30, 2024 Danielle Russell November 30, 2024 Tamarie Warner November 30, 2023 Claudette Rutherford November 30, 2023

That the following persons be appointed or re-appointed to the Environmental Advisory Committee with a term expiry as indicated: Name Term Karl Lyew November 30, 2023 Ashok Bangia November 30, 2023 Karl Fernandes November 30, 2021 Natasha Welch November 30, 2021 Andrew Hazen November 30, 2024 2. That the resignations of Anthony Lewis from the Markham Public Library Board be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

Council referred this matter to the February 1, 2021 General Committee meeting.

That staff proceed as directed by Council at January 26, 2021 confidential session.

That the minutes of the Development Services Committee confidential meeting held December 8, 2020, be confirmed.

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board -LPAT Appeal, 201 Helen Avenue, be received; and, That Council direct the City Solicitor and staff not to attend the Local Planning Appeal Tribunal (“LPAT”) hearing regarding the appeal of the decision of the Committee of Adjustment (the “Committee”) in respect of 201 Helen Avenue, denying the requested minor variance application to permit an increase to the maximum Gross Floor Area of an accessory building, subject to imposing the following conditions of approval as set out below in the event that the LPAT allows the variance: The variance applies only to the Subject Development for as long as it remains. That the variance applies only to the Subject Development, in substantial conformity with the batch stamped plans attached as Appendix “B” to the Staff Report dated October 7, 2020, and that the Secretary-Treasurer receive written confirmation from the Director of Planning and Urban Design or designate that this condition has been fulfilled to his or her satisfaction. That the Owner plant two trees along the west elevation and two trees along the south elevation of the Subject Development, ensuring that the trees selected are of Native Species as identified in the City of Markham’s Native Tree Species Selection List attached as Appendix “C” to the Staff Report dated October 7, 2020, and that the Secretary-Treasurer

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board -LPAT Appeal, Yonge and Steeles Developments Inc., be received; and, That Council direct the City Solicitor, or designate, and Staff to appear before the Local Planning Appeal Tribunal (“LPAT”) as a party to the appeal; and further, That Staff do all things necessary to give effect to these resolutions.

That By-law 2021-10 be given three readings and enacted. Three Readings BY-LAW 2021-10 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JANUARY 26, 2021.

That the Council meeting be adjourned at 2:23 pm.

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 2021 b. Day of Mourning for Workers Killed or Injured on the Job - April 28, 2021 c. Firefighter's National Memorial Day - September 12, 2021 d. Police and Peace Officers' National Memorial Day - September 26, 2021 e. National Day of Remembrance and Action on Violence Against Women - December 6, 2021 f. Nanjing Massacre Day - December 13, 2021 g. Republic Day of India - January 26, 2021 2. That the following requests for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance 4 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, 2021 (Organized by The City of Markham) b. Firefighter's National Memorial Day - September 12, 2021 (Organized by The City of Markham) c. Police and Peace Officers' National Memorial Day - September 26, 2021 (Organized by The City of Markham) d. National Day of Remembrance and Action on Violence Against Women - December 6, 2021 (Organized by The City of Markham)

1. That the memorandum entitled “Emerald Ash Borer (EAB) Program Completion Summary” dated January 18, 2021 be received; and, 2. That at project completion, the remaining funds in project #16165 – Emerald Ash Borer, in the amount of $111,682 be returned to the Life Cycle Replacement and Capital Reserve; and further, 3. That staff be authorized and directed to do all things necessary to give effect to this resolution. 5

1. That the staff report titled “Request for Demolition, 12 Imperial College Lane (formerly 9900 Markham Road), William Clarry House, Sunny Communities, Ward 6”, dated January 25, 2021, be received; and, 2. That Council, with regret, support the demolition of the William Clarry House subject to the owner providing the following: a. Compensation in the form of a $200,000 contribution to the City’s Heritage Preservation Account (087 2800 115) so that the financial contribution can be used on other municipal heritage projects in the community; b. Provision and installation of an historical interpretative plaque to celebrate the William Clarry House, to be placed in a publicly visible location on the original property, and designed according to the specifications of the "Markham Remembered" program; and c. The lot intended for the heritage dwelling within the subdivision be designed and constructed as a parkette, at the owner’s expense to the City’s specifications, with a public easement over the site to the satisfaction of the City; and further, 6 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 1:45 pm: 14.1 COUNCIL 14.1.1 CONFIDENTIAL COUNCIL MINUTES - DECEMBER 9, 2020 AND DECEMBER 14, 2020 SPECIAL COUNCIL EDUCATION AND TRAINING MINUTES (16.0) 14.1.2 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)] 14.1.3 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)] 14.2 GENERAL COMMITTEE 14.2.1 APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)] 14.2.2 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; PROPOSED ACQUISITION OF REAL PROPERTY (8.6) [SECTION 239 (2) (c)] 14.2.3 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES(16.24) [Section 239 (2) (b)] 14.3 NEW/ OTHER BUSINESS 11 14.3.1 CONFIDENTIAL DEVELOPMENT SERVICES COMMITTEE MINUTES – DECEMBER 8, 2020 (10.0) 14.3.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – 201 HELEN AVENUE (8.0) [SECTION 239 (2) (e)] 14.3.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – YONGE AND STEELES DEVELOPMENTS INC. (8.0) [SECTION 239 (2) (e)]

1. That the confidential minutes of the Council Meeting held on December 9, 2020 and the December 14, 2020 Special Council Education Session, be adopted. 12

1. That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board -LPAT Appeal, 201 Helen Avenue, be received; and, 2. That Council direct the City Solicitor and staff not to attend the Local Planning Appeal Tribunal (“LPAT”) hearing regarding the appeal of the decision of the Committee of Adjustment (the “Committee”) in respect of 201 Helen Avenue, denying the requested minor variance application to permit an increase to the maximum Gross Floor Area of an accessory building, subject to imposing the following conditions of 15 approval as set out below in the event that the LPAT allows the variance: a. The variance applies only to the Subject Development for as long as it remains. b. That the variance applies only to the Subject Development, in substantial conformity with the batch stamped plans attached as Appendix “B” to the Staff Report dated October 7, 2020, and that the Secretary-Treasurer receive written confirmation from the Director of Planning and Urban Design or designate that this condition has been fulfilled to his or her satisfaction. c. That the Owner plant two trees along the west elevation and two trees along the south elevation of the Subject Development, ensuring that the trees selected are of Native Species as identified in the City of Markham’s Native Tree Species Selection List attached as Appendix “C” to the Staff Report dated October 7, 2020, and that the Se

1. That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board -LPAT Appeal, Yonge and Steeles Developments Inc., be received; and, 2. That Council direct the City Solicitor, or designate, and Staff to appear before the Local Planning Appeal Tribunal (“LPAT”) as a party to the appeal; and further, 16 3. That Staff do all things necessary to give effect to these resolutions.