Council Meeting

That the Minutes of the Council Meeting held on October 18, 2023, 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 communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for Digram Developments - Helen Inc. 55, 63, and 83 Helen Avenue (WARD 3) be received. (By-Law 2023-151 and By-Law 2023-152 - as approved by OLT, for information only to facilitate the assignment of a by-law number. )

That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for 3555 Highway 7 Development Ltd. (WARD 8) be received. (By-Law 2023-153 and By-Law 2023-154 - as approved by OLT, for information only to facilitate the assignment of a by-law number. )

That the report of the General Committee be received & adopted. (Items 1 to 10):

That the report entitled “Sewer Use By-law Update”, dated October 24 2023, be received; and, That the current Sewer Use By-law (No. 2014-71) be repealed and replaced with the amended Sewer Use By-law, as described in this report and in the form set out in Attachment “A”; and, That Council receive the information that Markham participates in a collaborative Sewer Use Compliance Program with the Regional Municipality of York; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “2024 Temporary Borrowing By-law” be received; and, That a by-law be brought forward for Council approval to authorize temporary borrowing, if required, of amounts not to exceed $222,357,599 from January 1, 2024 to September 30, 2024 and $111,178,800 from October 1, 2024 to December 31, 2024 to meet the expenditures of the municipality until taxes are collected and other revenues are received; and, That the Treasurer report to Council in advance of borrowing, if temporary borrowing is required; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled " Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001" be received; and, That the tax amounts for prior years totalling $ 784,555 , as set out in this report, be written-off pursuant to Section 354 of the Municipal Act, 2001; and , That the City of Markham’s portion of the write- off of $183 ,327 be charged to Account 820-820-7040; and, That the Treasurer be directed to remove these amounts from the Collector’s Roll; and, That the associated interest be cancelled in proportion to the tax adjustments; and, That staff be authorized to and directed to do all things necessary to give effect to this resolutions.

That the report “2024 Interim Tax Levy By-law” be received; and, That Council authorize an interim tax levy for 2024 ; and, That the attached by-law be passed to authorize the 2024 interim tax levy; and further , That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “2024 Interim Spending Authority Pending Adoption of the 2024 Budget”, be received; and, That Council provide the Treasurer authority to make payments necessary to support the City’s ongoing operations, up to a total of 50% of the City’s 2023 Primary Operating, Waterworks, Planning & Design, Building Standards, and Engineering budgets ($222,357,599); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “ 2024 Interim Spending Authority Pending Adoption of the 2024 Unionville and Markham Village Business Improvement Area Budgets”, be received; and, That Council authorize spending for the Unionville BIA (UBIA) and the Markham Village BIA (MBIA) to support their ongoing operations, up to a total of 50% of the UBIA and MBIA 2023 Operating Budgets ($225,000 and $167,017, respectively); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Markham Public Library Material and Processing Services” be received; and, That the contract and Purchase Order (PB 23037 and GL account 076-6150-23203-005) in the amount of $1,128,197.66 (Inclusive of HST) with Library Services Centre (LSC) for 2023 Markham Public Library Material and Processing Services be cancelled; and, That the funds in the amount of $150,640.00 and $508,800.00 (Inclusive of HST) be re-allocated from PB 23037 and GL account 076-6150-23203-005 to the following two vendors for 2023 library material and processing services: Library Bound Inc. - $150,640.00 (DVD, BluRay, Videogames); and, Whitehots Inc. - $508,800.00 (All print); and, That the funds remaining in GL account 076-6150-23203-005 ($1,128,197.66 - $150,640.00 - $508,800.00 = $468,757.66) remain in the account for future digital collections and other collections and processing items in 2023/24; and, That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11 Non Competitive Procurement, (b) where there is only one source of supply for the goods to be purchased and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “041-T-23 Supply and Delivery of One (1) Bucket Truck” be received; and, That for contract for 041-T-23 supply and delivery of one (1) bucket truck: The contract be awarded to the lowest priced bidder, Allan Fyfe Equipment Ltd., in the total amount of $389,532.19, inclusive of HST; and, The award in the amount of $389,532.19 be funded from project #23020 Corporate Fleet Replacement – Non-Fire (account 057-6150-23020-005) with a 2023 budget available of $240,100.00; and, The budget shortfall in the amount of $149,432.19 ($389,532.19 - $240,100.00) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Extension of Public Space Waste Recycling Receptacles System and Advertising Revenue Program” be received; and, That Council approve a five (5) year contract extension (2024-2028) with Bench Press Ltd., carrying on business as Creative Outdoor Advertising, and an option for the City to extend the contract for an additional period of five (5) years (2029-2033); and, That the Director of Environmental Services and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract with Creative Outdoor Advertising for an additional period of five (5) years (2029-2033), subject to the satisfactory completion of the initial five (5) year contract term (2024-2028); and, That the Commissioner, Community Services be authorized to execute the contract(s) with Creative Outdoor Advertising for the five (5) year contract extension (2024-2028) and the additional five (5) year contract extension (2029-2033), as applicable, in a form satisfactory to the City Solicitor; and, That the expected incremental annual revenue from the contract(s) be included as part of the requested Waste & Environmental Management Operating Budget; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “2023 August Year-To-Date Results of Operations and Year-End Forecast ” be received; 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 save and except Item 8.2.2. (Items 1 to 4):

That the report dated October 31, 2023 titled “Lean Review of the Development Review Process” be received; and, That the deputations from Doug Denby and Louis Olivera at the October 31st Development Services Committee meeting be received; and, That the report titled “Lean Review of the Development Review Process” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and, That staff be directed to evaluate the findings of the study entitled “Lean Review of the Development Review Process” and report back to Development Services Committee on implementation; and further; That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report and presentation dated October 31, 2023 titled “ Implementation of Development Review Process Technology Projects ” be received; and, That the deputation by Louis Olivera at the October 31st Development Services Committee meeting be received; and, That the presentation dated October 31, 2023 titled "City of Markham 3D Modelling Project" be received; and, That Staff further evaluate enhancements to 3D modelling and report back; and, That the report titled “Implementation of Development Review Process Technology Projects” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the October 31, 2023, report titled, “RECOMMENDATION REPORT, Eastside Chevrolet GMC Buick Ltd., Applications for Official Plan and Zoning By-law Amendment to permit a 35-storey mixed use development consisting of 618 residential units and 2,820 m2 (30,354 ft2) of motor vehicle sales, retail, and office uses at 8435 Woodbine Avenue (Ward 8), File PLAN 23 114260”, be received; and, That the Applications for Official Plan and Zoning By-law Amendment, submitted by Eastside Chevrolet GMC Buick Ltd., under File PLAN 114260, to amend the City of Markham Official Plan and Zoning By-law 165-80, as amended, be refused without further notice; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report dated October 31, 2023, titled “RECOMMENDATION REPORT, Rogers Communications, 9249 Kennedy Road, Site Plan Approval Application to facilitate a 14.9 m telecommunication tower (Ward 3), File No. SPC 20 131031”, be received; and, That the Site Plan Approval application be approved, subject to conditions identified in Appendix “A” of this report; and, That the Site Plan Approval shall lapse after a period of three years commencing October 31, 2023, should the Proposed Development not proceed in a timely manner; and, That Innovation, Science and Economic Development Canada (“ISED Canada”) (formerly known as Industry Canada) be advised in writing, of this approval (concurrence), and that this approval is with respect to this location only; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That By-laws 2023-147 to 2023-150, and By-law 2023-155 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 (1:56 PM):

That the confidential Council minutes of the Council Meeting held on October 18, 2023 be adopted.

1. German Mills Community Centre Board: That the following individuals be appointed to the German Mills Community Centre Board with a term of expiry noted: Matthew Albanese November 30, 2024 Linda Song November 30, 2026 Sanchit Sharma November 30, 2024

That By-law 2023-146 be given three readings and enacted. Three Readings BY-LAW 2023-146, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 1, 2023

That the Council meeting be adjourned at 3:42 PM.

1. That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for 3555 Highway 7 Development Ltd. (WARD 8) be received.(By-Law 2023-153 and By-Law 2023-154 - as approved by OLT, for information only to facilitate the assignment of a by-law number.) 4

5 1. That the report titled “2024 Temporary Borrowing By-law” be received; and, 2. That a by-law be brought forward for Council approval to authorize temporary borrowing, if required, of amounts not to exceed $222,357,599 from January 1, 2024 to September 30, 2024 and $111,178,800 from October 1, 2024 to December 31, 2024 to meet the expenditures of the municipality until taxes are collected and other revenues are received; and, 3. That the Treasurer report to Council in advance of borrowing, if temporary borrowing is required; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled "Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001" be received; and, 2. That the tax amounts for prior years totalling $784,555, as set out in this report, be written-off pursuant to Section 354 of the Municipal Act, 2001; and, 3. That the City of Markham’s portion of the write-off of $183,327 be charged to Account 820-820-7040; and, 4. That the Treasurer be directed to remove these amounts from the Collector’s Roll; and, 5. That the associated interest be cancelled in proportion to the tax adjustments; and, 6. That staff be authorized to and directed to do all things necessary to give effect to this resolutions. 6

1. That the report entitled “Markham Public Library Material and Processing Services” be received; and, 2. That the contract and Purchase Order (PB 23037 and GL account 076-6150-23203-005) in the amount of $1,128,197.66 (Inclusive of HST) with Library Services Centre (LSC) for 2023 Markham Public Library Material and Processing Services be cancelled; and, 3. That the funds in the amount of $150,640.00 and $508,800.00 (Inclusive of HST) be re-allocated from PB 23037 and GL account 076-6150-23203-005 to the following two vendors for 2023 library material and processing services: a. Library Bound Inc. - $150,640.00 (DVD, BluRay, Videogames); and, b. Whitehots Inc. - $508,800.00 (All print); and, 4. That the funds remaining in GL account 076-6150-23203-005 ($1,128,197.66 - $150,640.00 - $508,800.00 = $468,757.66) 8 remain in the account for future digital collections and other collections and processing items in 2023/24; and, 5. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11 Non Competitive Procurement, (b) where there is only one source of supply for the goods to be purchased and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further, 6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

10 1. That the report titled “2023 August Year-To-Date Results of Operations and Year-End Forecast” 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 report dated October 31, 2023 titled “Lean Review of the Development Review Process” be received; and, 2. That the deputations from Doug Denby and Louis Olivera at the October 31st Development Services Committee meeting be received; and, 3. That the report titled “Lean Review of the Development Review Process” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and, 4. That staff be directed to evaluate the findings of the study entitled “Lean Review of the Development Review Process” and report back to Development Services Committee on implementation; and further; 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 11

1. That the October 31, 2023, report titled, “RECOMMENDATION REPORT, Eastside Chevrolet GMC Buick Ltd., Applications for 12 Official Plan and Zoning By-law Amendment to permit a 35- storey mixed use development consisting of 618 residential units and 2,820 m2 (30,354 ft2) of motor vehicle sales, retail, and office uses at 8435 Woodbine Avenue (Ward 8), File PLAN 23 114260”, be received; and, 2. That the Applications for Official Plan and Zoning By-law Amendment, submitted by Eastside Chevrolet GMC Buick Ltd., under File PLAN 114260, to amend the City of Markham Official Plan and Zoning By-law 165-80, as amended, be refused 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 dated October 31, 2023, titled “RECOMMENDATION REPORT, Rogers Communications, 9249 Kennedy Road, Site Plan Approval Application to facilitate a 14.9 m telecommunication tower (Ward 3), File No. SPC 20 131031”, be received; and, 2. That the Site Plan Approval application be approved, subject to conditions identified in Appendix “A” of this report; and, 3. That the Site Plan Approval shall lapse after a period of three years commencing October 31, 2023, should the Proposed Development not proceed in a timely manner; and, 4. That Innovation, Science and Economic Development Canada (“ISED Canada”) (formerly known as Industry Canada) be advised in writing, of this approval (concurrence), and that this approval is with respect to this location only; and further, 13 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That By-law 2023-146 be given three readings and enacted. Three Readings BY-LAW 2023-146, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 1, 2023 18