<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 12

1) That the following appointments to the Mayor’s Youth Task Force be confirmed for the term September 1, 2010, to June 30, 2011:

LEGEND: R - Returning

NAME SCHOOL GR.

MARKHAM	R Joey Loi (Co -Chair)	High School	11
	RCarmen Chen	High School	10
	RGuruparan Bagawan	High School	11
	RDamilola Dina	High School	12
	Jahmal Dixon	High School	12
	Divya Shah	High School	9
	Janice He	High School	11
	Lydia Chan	High School	11

UNIONVILLE	RAdrian Proestos	High School	11
	RMaha Naqi	High School	12
	RChristine Hui	High School	10
	RLavinia Hui (Co-Chair)	High School	12
	RJanice Chu	High School	10
	RSharon Yau	High School	12
	Eddie Wang	High School	9
	Tony Ma	High School	9

MILLIKEN	RAlice Wang	High School	9
	REmily Do	Elementary School		8
	Adrian Uthayagumaran	High School		12
	Vishnu Thillainathan	High School		12
	Shirley long	High School		11

THORNHILL	Arvin Ighani	High School		12
	R Kevin Jen	High School		10
	River Wong	High School		10

; and,

2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(4) CONTRACT EXTENSION 128-T-03 HIRED LOADERS
ON AN “AS AND WHEN” REQUIRED BASIS (7.12.1)

1) That the staff report entitled Contract Extension 128-T-03 Hired Loaders on an “as and when” Required Basis be received; and,

2) That the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1) c which states “when the extension of an existing contract would prove more cost-effective or beneficial; and,

3) That Contract 128-T-03 Hired Loaders on an “as and when” Required Basis be extended for one (1) winter season (2010/11) and an option to extend for one additional winter season (2011/12) at the itemized prices identified in the options/discussion section of this report; and,

4) That the total annual award cost of $526,290 inclusive of HST be funded from the annual operating budget account 700 504 5407 – Construction Equipment & Services, subject to Council approval of the 2011 operating budget; and,

5) That the contract extension for tender 128-T-03, in the estimated annual amount of $526,290 inclusive of HST, be awarded as summarized in Attachment “A”; and further,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(5) CONTRACT EXTENSION 012-T-03
RENTAL OF GRADERS FOR WINTER MAINTENANCE (7.12.2)

Report

1) That the staff report entitled “Contract Extension 012-T-03 Rental of Graders for Winter Maintenance” be received; and,

3) That Contract 012-T-03 Rental of Graders for Winter Maintenance be extended for one (1) additional winter season (2010/11) and an option to extend for one additional winter season (2011/12) with previously approved itemized prices and be awarded as summarized in ATTACHMENT A; and,

4) That the total annual award cost of $1,276,429 ($1,144,263-Graders, $132,166-Windrow clearing) including HST be funded from the annual operating budget from Operating Account 700 504 5301 Winter Maintenance Graders; and,

5) That Staff be authorized to provide standby costs of $45,670 including HST to meet service levels for clearing of windrows from seniors driveways in accordance with the Town’s approved list; and,

6) That the tender process be waived in accordance with Purchasing Bylaw 2004-341, Part 11, Section 7(1) c which states “when the extension of an existing contract would prove more cost-effective or beneficial; and further,

7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(6) AWARD OF PROPOSAL 063-R-10
ENVIRONMENTAL LAND SECUREMENT PROGRAM (7.12)

Letter Report Attachments

1) That the report entitled “Award of Proposal 063-R-10 Environmental Land Securement Program” be received; and,

2) That the contract for proposal 063-R-10 Environmental Land Securement Program be awarded to the sole bidder, Orland Conservation, in the annual amount of $62,073.60 inclusive of HST, for a period of two years totaling $124,147.20 inclusive of HST ; and,

3) That the term of the contract shall be for one year with a one year option to renew at the Town’s discretion; and,

4) That a new project budget be established in the amount of $124,147.20 for the contract, including the renewal, where appropriate, and funded from the Environmental Land Acquisition Reserve Fund (087-2800167 ); and further,

5) That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(7) AMENDMENT OF WATERWORKS FEES (5.3)

Report 1

1) That the report titled “Amendment of Waterworks Fees” be received; and,

2) That the proposed fees outlined in Attachment ‘A’ for service provided by the Waterworks Division be approved effective October 1, 2010; and,

3) That By-Law No. 2002-276 be amended to update the fees set under ‘Community Services – Water’ section of Schedule A, with fees outlined in Attachment A; and,

4) That Staff be authorized to adjust the volumetric rate component of fees in an on-going basis, to match water rates upon approval of new rates; and,

5) That a new Waterworks deferred revenue account be established and funds collected for automatic meter reading/advanced metering infrastructure be deposited to this account; and further,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2010-167)

CARRIED

(8) PILOT SANITARY SYSTEM
DOWNSPOUT DISCONNECTION PROGRAM
EVALUATION AND EXTENDED PROGRAM
IMPLEMENTATION STRATEGY (5.5)

Report 1 2

1) That the report entitled “Pilot Sanitary System Downspout Disconnection Program Evaluation and Extended Program Implementation Strategy” be received; and,

2) That Council, through the 2011 business planning and budget process, consider extending the Downspout Disconnection Program in selected locations, including provision of a financial assistance package; and,

3) That the Pilot Downspout Disconnection Program working group review the report and bring back recommendations to General Committee; and further,

4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(9) WATERCOURSE IDENTIFICATION
SIGNAGE (5.3)

Report 1 2 3 4

1) That the report “Watercourse Identification Signage” be received and approved; and,

2) That staff proceed with the signing of the Watercourse Identification Signage Memorandums of Understanding for the Don and Rouge watersheds with Brenda Librecz, Commissioner of Community and Fire Services as signing authority for the Town of Markham; and,

3) That watercourse identification signage be manufactured by the City of Toronto and installed by Operations staff on Town roads, and by Region of York staff on Regional roads; and further,

4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

6(b) REPORT NO. 49 - DEVELOPMENT SERVICES COMMITTEE
(September 14, 2010)

Council consented to separate Item Nos. 2 and 5.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 49 – Development Services Committee comprised of 5 items be received and adopted, except Item Nos. 2 and 5. (See following Item Nos. 2 and 5)

(1) REQUEST FOR DEMOLITION OF DWELLING
15 ROUGE STREET, MARKHAM
JOSEPH DIMARTINO
FILE: BUILDING PERMIT APPLICATION 10-119109 DP (16.11 and 10.13)

1) That the deputation by Joseph Dimartino at the Development Services Committee dated September 14, 2010 and the letter dated August 30, 2010 from Mr. Dimartino outlining his support for the demolition of 15 Rouge Street be received; and,

2) That the staff report titled “Request for Demolition of Dwelling, 15 Rouge Street, Markham Village Heritage Conservation District” dated September 14, 2010, be received; and,

3) That Council approve the demolition of the dwelling at 15 Rouge Street located within the Markham Village Heritage Conservation District with the following conditions:

- The applicant obtain site plan approval for the replacement dwellings that comply with the Markham Village Heritage Conservation District Plan and are of a scale and massing compatible to the neighbourhood prior to the issuance of the demolition permit; and,

- The applicant advertise the availability of the dwelling for relocation (but not to Markham Heritage Estates) and/or salvage materials to try divert the materials from landfill; and further,

4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(2)        RECOMMENDATION REPORT
            EVALUATING MUNICIPAL ADDRESSING CRITERIA
            AND ADDRESS CHANGE POLICY (10.15)

Report Attachments

1) That the report entitled “Evaluating Municipal Addressing Criteria and Address Change Policy”, dated September 14, 2010, be received; and,

2) That the Council adopted street addressing criterion number 11 be altered to remove the requirement for permanently reserving the unused (dormant) number for a corner lot by revising it to read: “Corner lots are initially assigned a number for the abutting street that contains the longer lot frontage at the subdivision registration stage. A second number is temporarily left in reserve for the other frontage. The final number used for that lot will depend on a verification of the street the house will face.”; and,

3) That the address change policy be revised to replace the text prior to the approval criteria to read: “That all requests for an address number change be reviewed and considered by the Planning and Urban Design Department, and approval given by the Director of Planning and Urban Design or designate, only if the following criteria are satisfied:”; and,

4) That clause 1) (B) of the Council adopted address change policy be revised to read: “In no case shall an existing address number be changed so as to conflict with the address numbering criteria administered by the Planning and Urban Design Department.”; and,

5) That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

CARRIED BY RECORD VOTE (7:4)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (7)

NAYS: Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero. (4)

ABSENT: Regional Councillor J. Jones, Councillor A. Chiu. (2)

(3)        REQUEST BY DAPHNE LAI
            FOR A CHANGE OF ADDRESS FROM
            4 DEVON COURT TO 3 DEVON COURT (10.15)

Map

1) That the request for an address change by Ms. Daphne Lai from 4 Devon Court to 3 Devon Court be approved subject to the homeowner paying the direct associated Town cost of $500.00.

CARRIED

(4)        NINTH LINE DEVELOPMENTS LTD. AND
            HUMBOLD PROPERTIES LTD.
            PHASE 3, WEST OF DONALD COUSENS PARKWAY
            SOUTH OF MAJOR MACKENZIE DRIVE, GREENSBOROUGH COMMUNITY
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            AND SERVICING ALLOCATION (10.5)

Report Fig 2 Atts A and B

1) That servicing allocation for 144.5 units (534.65 population) be granted to plan of subdivision 19TM-02013 (Phase 3) from the total allocation for the Greensborough Community, assigned in accordance with the May 19, 2009 report on servicing allocation.

CARRIED

(5)        REQUEST FOR DEMOLITION OF DWELLING
            7 VICTORIA AVENUE,
            UNIONVILLE HERITAGE CONSERVATION DISTRICT
            DONNA NITCHIE (16.11 and 10.13)

1) That the staff report titled “Request for Demolition of Dwelling, 7 Victoria Avenue, Unionville Heritage Conservation District” dated September 14, 2010, be received; and,

2) That Council does not support the demolition of the dwelling at 7 Victoria Avenue located within the Unionville Heritage Conservation District; and,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED BY RECORDED VOTE (10:1)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi. (10)

NAYS: Councillor D. Hamilton. (1)

ABSENT: Regional Councillor J. Jones, Councillor A. Chiu. (2)

6(c) REPORT NO. 50 - DEVELOPMENT SERVICES PUBLIC MEETING
(September 14, 2010)

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 50 – Development Services Public Meeting comprised of 6 items be received and adopted.

(1)        BRIDLEPATH (BULLOCK) DEVELOPMENTS INC.
            APPLICATIONS FOR OFFICIAL PLAN AMENDMENT
            AND ZONING BY-LAW AMENDMENT FOR A PROPOSED
            1-STOREY INDUSTRIAL/COMMERCIAL BUILDING AT
            162 BULLOCK DRIVE
            (OP 10-114631, ZA 08-119614) (10.3, 10.5)
            Report Attachment

1) That the correspondence from Ms. Penny Rudolfo and Ms. Debby Doherty be received; and,

2) That the Development Services Commission report dated June 8, 2010 entitled “PRELIMINARY REPORT. Bridlepath (Bullock) Developments Inc. Applications for Official Plan Amendment and Zoning By-law Amendment for a proposed 1-storey industrial/commercial building at 162 Bullock Drive, File Numbers: OP 10-114631, ZA 08-119614” be received; and,

3) That the record of the Public Meeting held on September 14, 2010, with respect to the proposed Official Plan Amendment and Zoning By-law Amendment by Bridlepath (Bullock) Developments Inc. to facilitate individual retail premises that are less than 300 m² at 162 Bullock Drive (OP 10-114631 / ZA 08-119614) be received; and,

4) That the Official Plan Amendment and Zoning By-law Amendment applications (OP 10-114631 / ZA 08-119614) by Bridlepath (Bullock) Developments Inc. to amend the Official Plan and Zoning By-law 1229, as amended, be approved; and further,

5) That the proposed amendment to the Official Plan and By-law 1229, as amended, be enacted without further notice.

CARRIED

(2)        ROCCO SCIOTTI
            APPLICATION FOR A ZONING BY-LAW AMENDMENT
            TO RE-ZONE A PORTION OF 56 MAIN STREET UNIONVILLE
            FROM OPEN SPACE TO RESIDENTIAL TO PERMIT THE
            CONSTRUCTION OF A NEW SINGLE DETACHED DWELLING
            (ZA 10 118042) (10.5)

1) That the Development Services Commission report dated September 14, 2010 entitled “Zoning Application to re-zone a portion of 56 Main Street Unionville from Open Space to Residential” be received; and,

2) That the Record of the Public Meeting held on September 14, 2010, with respect to the proposed amendment to By-law 122-72 be received; and,

3) That the proposed amendment to By-law 122-72 be approved; and further,

4) That the proposed amendment to By-law 122-72 be enacted without further notice.

CARRIED

(3) TOWN-INITIATED SIGN BY-LAW AMENDMENT
TO ADDRESS HERITAGE CONCERNS (16.11, 2.16)

1) That the Development Services Commission report dated April 20, 2010 entitled “Preliminary Report, Town-initiated By-law amendment to the Sign By-law to address Heritage Concerns, File No. ZA 10 1224413” be received; and,

2) That the Record of the Public Meeting held on September 14, 2010, with respect to the proposed amendments to By-law 2002-94 be received; and,

3) That the proposed amendments to By-law 2002-94 be approved; and further,

4) That the proposed amendments to By-law 2002-94 be enacted without further notice.

(By-law 2010-168)

CARRIED

(4)        ZONING BY-LAW AMENDMENT APPLICATION
            TO PERMIT LIMITED RETAIL AND SERVICE
            USES AT 135 ANDERSON AVENUE
            H. ROY GRAY LIMITED
            (ZA 10-122713) (10.5)

1) That the report dated September 14, 2010, entitled “INFORMATION REPORT. H. Roy Gray Limited. Zoning amendment application to permit limited retail and service uses at 135 Anderson Avenue, File Number: ZA 10-122713” be received, and,

2) That the Record of the Public Meeting held on September 14, 2010, with respect to the application by H. Roy Gray Limited for zoning by-law amendment, be received; and further,

3) That the Zoning By-law Amendment application (ZA 10-122713) by H. Roy Gray Limited be approved; and further,

4) That the proposed amendment to Zoning By-law, as amended, be enacted without further notice.

(By-law 2010-169)

CARRIED

(5)        DIGRAM DEVELOPMENTS INC.
            ZONING AMENDMENT APPLICATION TO
            REZONE LANDS THAT WERE PREVIOUSLY
            IDENTIFIED ON THE DRAFT PLAN OF SUBDIVISION
            AS A PARKETTE TO PERMIT 5 SINGLE DETACHED LOTS
            (ZA.10-121906) (10.5)

1) That the correspondence from Naomi Herold be received; and,

2) That the report dated September 14, 2010, entitled “Digram Developments Inc., application for zoning by-law amendment, south of Major Mackenzie Drive, between Donald Cousens Parkway and the GO Transit rail corridor within the Greensborough community, File Number: ZA.10-121906” be received, and,

3) That the Record of the Public Meeting held on September 14, 2010, with respect to the application by Digram Developments Inc. for Zoning By-law Amendment, be received; and,

4) That servicing allocation for 5 single detached units (16.8 population) of conditional 2011 allocation be granted to Digram Developments Inc, 19TM-06009, subject to written confirmation from the Trustee of the Greensborough Developers Group that servicing allocation is available from the total 2011/2012 sewer and water allocation previously granted to the Greensborough Community; and,

5) That the Town reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,

6) That the Zoning By-law Amendment application (ZA.10-121906) by Digram Developments Inc. for Zoning By-law Amendment be approved; and further,

7) That the proposed amendment to the Zoning By-law, as amended, be enacted without further notice.

(By-law 2010-170)

CARRIED

(6)        TIMES GROUP CORP (EDEN PARK PHASE 2)
            APPLICATIONS FOR OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENTS TO PERMIT
            103 ADDITIONAL APARTMENT UNITS AND
            REDUCED PARKING BLOCK 50 PLAN 65M-3226,
            LEITCHCROFT COMMUNITY
            SOUTH SIDE OF SOUTH PARK ROAD
            (OP 10 120306 AND ZA 10 120307) (10.3, 10.5)

1) That the correspondence from Dr. Jarley Koo, Ken Fang and Terry Kwan be received; and,

2) That the Development Services Commissions report dated September 14, 2010, entitled “Times Group Corp (Eden Park Phase 2), applications for Official Plan and Zoning By-law Amendments to permit 103 additional apartment units and reduced parking on Block 50, Plan 65M-3226, south side of South Park Road, east of Times Avenue in the Leitchcroft Community, file nos. OP 10 120306 and ZA 10 120307” be received; and,

3) That the Record of the Public Meeting held on September 14, 2010, with respect to the applications by Times Group Corp. for Official Plan and Zoning By-law Amendments (OP 10 120306 and ZA 10 120307) be received; and,

4) That the Official Plan Amendment and Zoning By-law Amendment applications (OP 10 120306 and ZA 10 120307) by Times Group Corp. for Official Plan and Zoning By-law Amendments be approved; and further,

5) That the proposed amendment to the Official Plan and Zoning By-law 177-96, as amended, be enacted without further notice.

CARRIED

6(d) REPORT NO. 51 - GENERAL COMMITTEE (September 20, 2010)

Council consented to add Report No. 51 and to separate Item No. 1.

Moved by Regional Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

That Report No. 51 – General Committee comprised of 7 items be received and adopted, except Item No. 1. (See following Item No. 1)

(1) STIVER MILL RESTORATION
AND RE-USE UPDATE (8.7)

Presentation

1) That the presentation by Ms. Elizabeth Plashkes, Unionville Village Conservancy, entitled “Stiver Mill Restoration and Re-Use” be received;

2) And that the presentation be referred to staff to investigate the concept, in consultation with the Stiver Mill Restoration Advisory Committee and the Unionville Village Conservancy, and report back to General Committee; and,

3) That the concerns of the residents, identified by Doug Worsley, be taken into consideration; and further,

4) That this recommendation be brought forward at Council on September 21, 2010.

CARRIED UNANIMOUSLY

(2) 2011 STANDING COMMITTEE/ COUNCIL
MEETING SCHEDULE (16.0)

Calendar

1) That the 2011 meeting schedule for Council and Standing Committees be approved.

CARRIED

(3) APPOINTMENTS TO ADVISORY
BOARDS/COMMITTEES (16.24)

1) That Ms. Ernestine Tahedl be appointed to the Building a Creative Markham Advisory Committee as the Board of the Varley Mckay Art Foundation of Markham Representative.

CARRIED

(4) CONTRACT EXTENSION 051-R-07
EXTERNAL AUDIT SERVICES (7.0)

1) That the report entitled “Contract Extension 051-R-07 External Audit Services” be received; and,

2) That the contract for External Audit Services, RFP 051-R-07 be extended for an additional three year fiscal period (2010 – 2012) to KPMG LLP in the annual amount of $87,217.00 and the total award amount of $261,641.00 inclusive of HST; and,

3) That the contract for External Audit Services include examination and review of the records and financial statements for Unionville Business Improvement Area (BIA), Markham Village BIA, Innovation Synergy Centre in Markham (ISCM), National Centre for Medical Device Developments (NCMDD), Markham District Energy, Markham Enterprises Corporation, Varley Art Foundation and Museum Foundation; and,

4) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) when the extension of an existing contract would prove more cost-effective or beneficial; and,

5) That the award for the 2010 audit be funded from the respective 2010 operating budgets and with the 2011 to 2012 operating budgets be adjusted as approved through Council during each year; and further,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(5) CACHET ESTATES SANITARY SEWER SYSTEM (5.5)

Report 1

1) That the report entitled “Cachet Estates Sanitary Sewer System” be received; and,

2) That the Asset Management Department be authorized to retain a consulting engineer to undertake a feasibility study and develop servicing concepts (“Feasibility Study”) for the Cachet Estates Sanitary Sewer System; and,

3) That the cost of the Feasibility Study and all related administrative costs, estimated in the amount of $124,380, be up fronted by the Town from the Waterworks Stabilization/Capital Reserve Fund and, if the project proceeds, the cost be recovered from the benefiting property owners in accordance with Section 391 of the Municipal Act; and,

4) That a capital project be established for the Feasibility Study and all related administrative costs; and,

5) That on completion of the Feasibility Study, the residents be advised of servicing options and total project costs, and be requested to provide their decision as to whether to proceed with the detailed design and construction of the Cachet Estates Sanitary Sewer System; and,

6) That the Asset Management Department staff report back to Council regarding the residents’ decision and staff recommendation; and,

7) That if the Cachet Estates Sanitary Sewer System is to proceed, the total project cost be up fronted by the Town and recovered by imposing an equal fee against the benefiting property owners in accordance with Section 391 of the Municipal Act; and further,

8) That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(6) DEVELOPMENT CHARGE
BORROWING POLICY (7.11)

1) That the report dated September 20, 2010 entitled “Development Charges Borrowing Policy” be received and adopted by the Town; and,

2) That the statement “The Town may use funds to cover shortfalls in the Town’s Development Charge Reserves so long as the interest charged to such reserves are at a competitive interest rate” be added to the Town’s Investment Policy; and further,

3) That staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(7) THORNHILL CEMETERY – TRANSFER OF ASSETS
TO THE TOWN OF MARKHAM (9.3)

Report 1 2

1) That the report entitled “Thornhill Cemetery – Transfer of Assets to the Town of Markham” be received; and,

2) That Council endorse a request by the Trustees of Thornhill Cemetery to convey all the assets of the Trust to the Corporation of The Town of Markham; and,

3) That Council authorizes the Town to assume ownership of and responsibility for all of the assets of the Trustees of Thornhill Cemetery; and,

4) That Staff be directed to submit a request to the Registrar, Ministry of Consumer Services, Consumer Protection Branch, Cemeteries Regulation Unit, to merge the assets of the Trustees of Thornhill Cemetery ‘Care and Maintenance Fund’ into the Town’s Cemetery Trust Fund; and,

5) That a reserve entitled “Cemetery Operations Reserve” be established, and,

6) That the Cemetery Operations Reserve be funded through the financial assets in the General and Reserve Fund being assumed from the Trustees of Thornhill Cemetery; and

7) That a letter of appreciation be sent to the Trustees of Thornhill Cemetery from the Mayor’s office, on behalf of the Town; and further,

8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

6(e) REPORT NO. 52 - DEVELOPMENT SERVICES COMMITTEE
(September 21, 2010)

Council consented to add Report No. 52.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 52 - Development Services Committee comprised of 7 items be received and adopted.

(1)        REQUEST FOR DEMOLITION
            12 STATION LANE, UNIONVILLE
            ACCESSORY BUILDING (REAR SHED) (16.11)

Report Attachment Revised Guidelines

1) That Council endorse the demolition of the accessory building at 12 Station Lane located within the Unionville Heritage Conservation District; and,

2) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(2) REVISED SECTION 37 OFFICIAL PLAN POLICIES
AND GUIDELINES FOR IMPLEMENTATION (10.0)

1) That the Report dated September 21, 2010 entitled “Revised Section 37 Official Plan Policies and Guidelines for Implementation” be received; and,

2) That the Official Plan Amendment (attached as Appendix “A”) be finalized and adopted, and forwarded to York Region for approval; and,

3) That Sections 6 and 10 of the Guidelines for Implementation of Section 37 Benefits be amended to replace the wording “local Councillor” with “appropriate subcommittee of Council”; and,

4) That the Guidelines for Implementation of Section 37 Benefits (attached as Appendix “B”) be finalized and approved; and,

5) That Staff be directed to apply the new Section 37 policies and Guidelines for Implementation of Section 37 Benefits, where applicable, to developments throughout the Town, particularly within the intensification and redevelopment areas identified in the Town’s Official Plan and Growth Management Strategy; and,

6) That Staff be directed to report back to the Development Services Committee on the experience with Section 37 agreements overtime, and any necessary modifications required to the Section 37 policies and the Guidelines for Implementation; and,

7) That the correspondence from Ms. Lynda J. Townsend, Townsend and Associates, and Aaron Platt, Davies Howe Partners, be received; and further,

8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2010-186)

CARRIED

(3) INFORMATION REPORT
ENDANGERED SPECIES ACT, RSO 2007 (10.0)

1) That the report entitled Information Report: Endangered Species Act RSO 2007, dated September 21, 2010 be received; and,

2) That the Ministry of Natural Resources be requested to provide to the Town with as much information as possible, and as may be available, relative to Endangered and Threatened species in Markham, including Redside Dace mapping products; and,

3) That the Ministry of Natural Resources be requested to ensure that Endangered Species Act Permits required for approved development and infrastructure projects in Markham, are issued in a timely manner; and further,

4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(4)        SEVEN STAR PLAZA INC.
            OFFICIAL PLAN, ZONING BY-LAW AMENDMENT
            AND SITE PLAN CONTROL APPLICATIONS FOR
            5261 HIGHWAY 7, 5293 HIGHWAY 7 AND 8495 MCCOWAN ROAD
            (OP 08-120413, ZA 08-120455, ZA 03-108688 AND SC 03-108706-001)
            (10.3, 10.5 & 10.7)

1) That the report entitled “Recommendation Report. Seven Star Plaza Inc., Official Plan, Zoning By-law Amendment and Site Plan Control Applications for 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road, Files: OP 08-120413, ZA 08-120455, ZA 03-108688 and SC 03-108706-001” be received; and,

2) That the record of the Public Meeting held on February 3, 2009, regarding the applications for Official Plan Amendment and Zoning By-law amendment be received; and,

3) That the Official Plan amendment application submitted by Seven Star Plaza Inc. to redesignate the lands at 8495 McCowan Road, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted without further notice; and,

4) That the application submitted by Seven Star Plaza Inc. to amend Zoning By-law 1229 as amended with the restaurant permission limited to Building B, be approved and the draft by-law attached as Appendix ‘B’ be finalized and enacted without further notice, upon staff being satisfied with the parking; and,

5) That the Site Plan Application (File No. SC 03-108706-001) submitted by Seven Star Plaza Inc. for the lands at 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road, be endorsed in principle, subject to the conditions attached as Appendix ‘C’; and,

6) That staff continue to work with the applicant to finalize the elevations to integrate an architectural consistency across the new buildings, to the satisfaction of the Town Architect; and,

7) That site plan approval be delegated to the Commissioner of Planning and Urban Design or designate in consultation with the Ward Councillor, to be issued following execution of a site plan agreement. Site Plan Approval is issued only when the Commissioner or designate has signed the plan; and,

8) That should the Owner wish to participate in the enhanced hoarding programme, the Mayor and Town Clerk be authorized to enter into a Hoarding Agreement with the Owner; and,

9) That the site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period; and,

10) That the correspondence from Mr. Paul Chronis, WeirFoulds LLP, be received; and further,

11) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2010-187)

CARRIED

(5)        SUNRISE MONTESSORI SCHOOL
            SITE PLAN APPLICATION AND
            HOLD REMOVAL BY-LAW
            TO PERMIT A PRIVATE SCHOOL AND DAYCARE
            180 AMBER STREET
            (ZA 10 115160 & SC 10 123117) (10.7)

1) That the staff report entitled ‘RECOMMENDATION REPORT, Sunrise Montessori School, Site Plan Application and Hold Removal By-law to permit a private school and daycare at 180 Amber Street’, be received; and,

2) That the Draft Zoning By-law to remove the Hold (H) provision in Zoning By-law 108-81 as amended, be approved and the draft by-law attached as Appendix ‘A’ be finalized and enacted without further notice; and,

3) That the Site Plan Application (SC 10 123117) submitted by Sunrise Montessori School for 180 Amber Street, be endorsed in principle, subject to the conditions attached as Appendix ‘B’; and,

4) That site plan approval be delegated to the Director of Planning and Urban Design or designate, to be issued following execution of a site plan agreement. Site Plan Approval is issued only when the Director or designate has signed the plan; and further,

5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2010-188)

CARRIED

(6) HIGHWAY 7 SANITARY SEWERS AND
STORMWATER MANAGEMENT (5.5)

1) That the report dated September 21, 2010 entitled “Highway 7 Sanitary Sewers and Stormwater Management”, be received; and,

2) That Council authorize the Mayor and Clerk to execute funding and construction agreement(s) with the Times Group and/or Markham Avenue 7 Land Owners Group and/or other landowners groups and / or group trustees and / or any other parties having jurisdiction, in a form satisfactory to the Chief Administrative Officer and the Town Solicitor for the acquisition and funding of lands from the Ontario Realty Corporation (ORC) and the construction and funding of Highway 7 Sanitary Sewers between Village Parkway and Main Street Unionville and area storm sewers stormwater management facilities; and,

3) That Council authorize the Mayor and Clerk to execute agreement(s) with the Region of York and landowners group, based on the principles outlined in this report, regarding storm sewers and stormwater management facilities for Highway 7, to the satisfaction of the Chief Administrative Officer and the Town Solicitor; and,

4) That Council endorse, in principle, that the mechanism by which the landowners group will be reimbursed for its expenses associated with the ORC land acquisition and construction of the Highway 7 sanitary sewers, storm sewers and stormwater management facilities is through a Development Charge Credit and/or Reimbursement Agreement based on the current Area Specific Development Charge By-laws or, new Area Specific Development Charges By-law to be approved by Council; and,

5) That Council authorize staff to prepare a Development Charges Background Study and new Area Specific Development Charges By-laws for Areas 42B-6, 42B-8 and 9 to reflect updated servicing cost estimates and assessment; and,

6) That staff report back for authorization to enter into Development Charge Credit and / or Reimbursement Agreements in connection with recommendation 4) above; and,

7) That the correspondence from Mr. Paul Young, be received; and further,

8) That staff be authorized and directed to take all actions necessary to give effect to this report.

CARRIED

(7)        DONALD COUSENS PARKWAY
            (HIGHWAY 407 TO STEELES AVENUE)
            AMENDMENT TO THE ENVIRONMENTAL ASSESSMENT (5.10)

1) That the report entitled “Donald Cousens Parkway (Highway 407 to Steeles Avenue) Amendment to the Environmental Assessment” be received; and,

2) That the discontinuous alignment (Alternative C2) presented by York Region at the April 13, 2010 Town of Markham Development Services Committee meeting be endorsed; and,

3) That the City of Toronto be requested to install interim traffic control signals at the Steeles Avenue East / Ninth Line intersection; and,

4) That York Region and the City of Toronto be requested to design off road multi-use paths instead of on-street bike lanes in the design phase; and,

5) That the City of Toronto and York Region protect for future grade separations of CP Rail crossings on both Ninth Line and Steeles Avenue; and,

6) That the Ministry of Transportation Ontario and York Region be requested to confirm the timing for implementation of the outstanding Highway 407 Ramps at Donald Cousens Parkway; and further,

7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

7. MOTIONS

There were no motions considered by Council.

8. NOTICES OF MOTIONS

There were no notices of motions considered by Council.

9. COMMUNICATIONS

Council consented to add Communication No. 51-2010.

Moved by Councillor L. Kanapathi

Seconded by Deputy Mayor J. Heath

That Council receive and consent to the disposition of communications in the following manner:

Referred to all Members of Council

49-2010 Municipal Information Form for Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Babyface, 590 Alden Road, Unit 103 (Change of ownership for existing operations previously licenced) (Ward 8) (3.21)

Info

Referred to Commissioner of Development Services and Town Solicitor

50-2010 Ontario Municipal Board (May 19 & July 21, 2010) – Forwarding their decisions regarding the applications submitted by Times Group Inc., south of Highway 7 and east of Warden Avenue to permit the development consisting of a broad range of high density residential, commercial employment and supporting uses.

(By-laws 2010-183 and 2010-184) (13.13)

Info

Referred to all Members of Council

51-2010 B. Karumanchery, Senior Development Manager – Providing an update regarding the zoning by-law amendment for St. Maurice and St. Verena Coptic Orthodox Church, 1050 Rodick Road. (10.5)

(By-laws 2010-189 and 2010-190)

CARRIED

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Info

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

1) That the following be proclaimed in the Town of Markham:

- Franco-Ontarian Day (September 25, 2010)

- Use Your Voice Month (October 2010)

- Markham Fair Week (September 30 to October 3, 2010)

- United Way Week (October 4 to 8, 2010)

- Child Care Worker & Early Childhood Educator Appreciation Day (October 27, 2010); and,

2) That the Franco-Ontarian flag be raised at the Anthony Roman Markham Civic Centre flagpole for the duration of the Franco-Ontarian Day; and further,

3) That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers.

CARRIED

11. NEW/OTHER BUSINESSES

Council consented to add New/Other Business Item No. 5 and to separate Item Nos. 3, 4 and 5.

(1) LICENSING COMMITTEE HEARING
VAN LAN TA (2.0)

Moved by Councillor D. Horchik

Seconded by Councillor E. Shapero

1) That the following recommendation of the Licensing Committee from the Hearing held on January 13, 2009, be approved and adopted:

“The Markham Licensing Committee recommends that Council exercise its powers pursuant to Section 17 of By-law 204-309, as amended and revoke the Holistic Practitioner Registration No. 08 123436 00 issued to Van Lan Ta.”

CARRIED

(2) LICENSING COMMITTEE HEARING
5990 16^TH AVENUE, UNIT 204 (2.0)

Moved by Councillor D. Horchik

Seconded by Councillor D. Hamilton

1) That the following recommendation of the Licensing Committee from the Hearing held on October 22, 2008, be approved and adopted:

“The Markham Licensing Committee recommends that Council exercise its powers pursuant to Section 17 of By-law 204-309, as amended and revoke:

a) the Holistic Practitioner Registration No. 08 11440800, dated April 28, 2008 issued to Rong Zhang;

b) the Holistic Health Centre Owner Registration No. 08 11407 HO, dated April 28, 2008 issued to Rong Zhang, to own and operate a Holistic Health Centre known as, Day Spa o/a Holistic Centre, at 5990 16^th Avenue Unit 204 in the Town of Markham.

CARRIED

(3) LICENSING COMMITTEE HEARING
33 BARLOW ROAD (2.0)

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

1) That the following recommendation of the Licensing Committee from the Hearing held on August 12, 2010, be approved and adopted:

“That the application to remove a Sun Burst Locust tree at 33 Barlow Road, Markham, be approved as a preliminary step to the installation and proper performance of solar panels on his south facing roof with the following conditions:

a. That the applicant plant replacement trees in a quantity and size deemed appropriate by staff in accordance with the proper replacement ratio and landscape guidelines.

b. That the Sun Burst Locust tree not be removed until after the installations of the solar panels.”

(Delegation Item No. 1)

CARRIED BY RECORDED VOTE (7:5)

(See following recorded vote)

(See following addition of condition b.)

YEAS: Regional Councillor G. Landon, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (7)

NAYS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero. (5)

ABSENT: Regional Councillor J. Jones. (1)

Addition of condition b.

Council consented to add the following as condition b.:

“That the Sun Burst Locust tree not be removed until after the installations of the solar panels.”

(See following motion to bring forward the matter)

(See following motion to consider the matter)

(See following motion which was lost)

Moved by Councillor D. Hamilton

Seconded by Councillor C. Moretti

That the matter regarding the recommendation of Licensing Hearing Committee to remove a Sun Burst Locust tree at 33 Barlow Road be brought forward for consideration immediately following the delegation with respect thereto.

CARRIED

Moved by Councillor D. Hamilton

Seconded by Councillor A. Chiu

That Council consider the matter regarding the recommendation of Licensing Hearing Committee to remove a Sun Burst Locust tree at 33 Barlow Road.

CARRIED

Moved by Councillor E. Shapero

Seconded by Deputy Mayor J. Heath

That the recommendation of Licensing Hearing Committee to remove a Sun Burst Locust tree at 33 Barlow Road be referred to staff for a report on the implications of the removal of the tree in terms of the Tree By-law and on the issue of the compatibility of solar energy installations and tree cover in Markham.

LOST

(4)        REQUEST BY MS. FANNY YUAN
            FOR A CHANGE OF ADDRESS FROM
            14 FITZROY AVENUE TO ANOTHER
            CIVIC NUMBER WITHOUT A 4 (10.15)

Letter Map Memo

Moved by Regional Councillor G. Landon

Seconded by Councillor D. Horchik

1) That the memorandum dated September 15, 2010 from the Commissioner of Development Services providing information regarding address change for 14 Fitzroy Avenue be received; and,

2) That staff be authorized to change the address number from 14 Fitzroy to 12 Fitzroy upon receipt of written confirmation from each of the 4 affected property owners that they have no objections to the allocation of revised house numbers.

CARRIED BY RECORD VOTE (6:5)

(See following recorded vote)

YEAS: Mayor F. Scarpitti, Regional Councillor G. Landon, Councillor D. Hamilton, Councillor C. Moretti, Councillor D. Horchik, Councillor L. Kanapathi. (6)

NAYS: Deputy Mayor J. Heath, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor J. Webster. (5)

ABSENT: Regional Councillor J. Jones, Councillor A. Chiu. (2)

(See following motion to bring the matter forward)

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

That the matter regarding the address change for 14 Fitzroy Avenue be brought forward for consideration immediately following the delegation with respect thereto.

CARRIED

(5) ST. BARSAUMO SYRIAC ORTHODOX CHURCH
- 3250 DENISON STREET (7.11)

Moved by Regional Councillor G. Landon

Seconded by Councillor L. Kanapathi

1) That the report titled “Development Charge Deferral Request – St. Barsaumo Syriac Orthodox Church” be received; and,

2) That Council authorize a Development Charge deferral for construction at 3250 Denison Street for the St. Barsaumo Syriac Orthodox Church, subject to the following terms:

a. That the agreement provide for Development Charge payments of 5% of the total Town Wide Hard and Area Specific Development Charges payable upon building permit issuance, and 5% on the landscaping of the grounds. Additional payments equal to 30% of the total Development Charges payable are due at one year intervals commencing one year from the date of building permit issuance, over a 3 year period.

b. The Development Charges be calculated and charged at the higher of (1) the rate that is in effect at the time of payment, (2) the indexed rate from the date of building permit issuance or (3) the rate in effect at building permit issuance plus accrued interest at prime.

c. Provision of security in a form satisfactory to the Treasurer to secure the outstanding Development Charges obligation. The security being 115% of outstanding Development Charges (based on 1 year term) to protect against any increase in the Development Charge rates; and further,

3) That staff be directed to do all things necessary to give effect to these recommendations.

CARRIED

Council consented to not adopt the following staff’s recommendation:

“1) That the report titled “Development Charge Deferral Request – St. Barsaumo Syriac Orthodox Church” be received; and,

2) And that staff do not recommend the approval of a Development Charge deferral for construction at 3250 Denison Street for the St. Barsaumo Syriac Orthodox Church; and,

3) That should Council grant a Development Charge deferral the following terms be met:

a. Phased payment with a defined timeline of not more than 1 year for full payment of the Development Charges

b. A downpayment on the Development Charges of not less than 5%

c. The Development Charges be calculated and charged at the higher of (1) the rate that is in effect at the time of payment, (2) the indexed rate from the date of building permit issuance or (3) the rate in effect at building permit issuance plus accrued interest at prime

d. Provision of security in a form satisfactory to the Treasurer to secure the outstanding Development Charges obligation. The security being 115% of outstanding Development Charges (based on 1 year term) to protect against any increase in the Development Charge rates; and further,

4) And that staff be directed to do all things necessary to give effect to these recommendations.”

12. BY-LAWS

Moved by Regional Councillor G. Landon

Seconded by Councillor C. Moretti

That By-laws 2010-181 and 2010-182 be brought forward for consideration immediately following the delegations with respect thereto.

CARRIED

Councillor L. Kanapathy abstained

Moved by Regional Councillor J. Virgilio

Seconded by Councillor E. Shapero

That By-laws 2010-181 and 2010-182 be given three readings and enacted.

CARRIED

Councillor L. Kanapathi abstained

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That By-laws 2010-189 and 2010-190 be brought forward for consideration immediately following the enactment of By-laws 2010-181 and 2010-182.

CARRIED

Moved by Councillor D. Horchik

Seconded by Councillor J. Webster

That By-laws 2010-189 and 2010-190 be given three readings and enacted.

CARRIED

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That By-laws 2010-167 to 2010-180, and By-laws 2010-186 to 2010-188 be given three readings and enacted.

CARRIED

Moved by Councillor J. Webster

Seconded by Regional Councillor J. Virgilio

That By-law 2010-191 be given three readings and enacted.

CARRIED

Three Readings

BY-LAW 2010-167 A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (Amendment of waterworks fees).

(Item No. 7, Report No. 48)

BY-LAW 2010-168 A by-law to amend Sign By-law 2002-94 (Roof signs and signage located on heritage properties).

(Item No. 3, Report No. 50)

BY-LAW 2010-169 A by-law to amend Zoning By-law 88-76, as amended (H. Roy Gray Limited, 135 Anderson Avenue – To permit limited retail and service uses).

(Item No. 4, Report No. 50)

BY-LAW 2010-170 A by-law to amend By-law 177-96, as amended (Digram Developments Inc., [Greensborough North Group], south of Major Mackenzie Drive, between Donald Cousens Parkway and the GO Transit rail corridor within the Greensborough community – To permit single detached dwellings).

(Item No. 5, Report No. 50)

BY-LAW 2010-171 A by-law to approve the expropriation of land and the taking of all steps necessary to obtain the possession of those lands (For the purpose of extending Rodick Road south of Riviera to Esna park Drive).

BY-LAW 2010-172 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 28, Concession 3, designated as Part 3, Plan 65R-30701, Part of Lot 28, Concession 3 designated as Part 2, Plan 65R-30859 and Part of Lot 29, Concession 3, designated as Part 7, Plan 65R-30858 –Honda Boulevard).

BY-LAW 2010-173 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 91, 92, 93, 94 and 95, Plan 65M-4033 [Minturno Lane] and Blocks 96 and 97, Plan 65M-4033 [Tufo Avenue]).

BY-LAW 2010-174 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 377 and 381 Plan 65M-3838 – Bernbridge Road).

BY-LAW 2010-175 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Blocks 79 and 80, Plan 65M-3837 [Condarcuri Crescent], Blocks 81 and 83, Plan 65M-3837 [Albert Roffey Crescent], Block 82, Plan 65M-3837 [Riverwalk Drive], Blocks 84, 95 and 96, Plan 65M-3837 [Oakborough Drive], Block 85, Plan 65M-3837 [Galten Road], Block 98, Plan 65M-3837, [Stonechurch Crescent], Block 382, Plan 65M-3838S [Moothwater Terrace], Block 383, Plan 65M-3838 [Hislop Drive], Part of Block 385, Plan 65M-3838, designated as Part 2, Plan 65R-30498 [Collingham Place], Part of Block 386, Plan 65M-3838, designated as Part 3, Plan 65R-30498 [Collingham Place], Part of Block 386, Plan 65M-3838, designated as Part 4, Plan 65R-30498 [Boswell Road]).

BY-LAW 2010-176 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 12, Concession 9, designated as Parts 11, 12 and 13, Plan 65R-31667 – Church Street).

BY-LAW 2010-177 A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Baywood Homes, east side of Old Kennedy Road, south of Celadine Drive, Blocks 2, 3 and 4, Plan 65M-4174).

BY-LAW 2010-178 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).

BY-LAW 2010-179 A by-law to designate a property as being of Historic and/or Architectural Value or Interest (Arthur Camplin House, 4561 Highway 7)

(In-camera Item No. 2 – April 27, 2010)

BY-LAW 2010-180 A by-law to amend By-law 2002-311, a by-law to appoint Deputy Clerks for the Corporation of the Town of Markham (Delete Judith Kee and add Laura Gold).

BY-LAW 2010-181 A by-law to adopt Official Plan Amendment No. 186 (1756845 Ontario Inc., 7475 McCowan Road and 52 Walford Road - To permit business office and medical clinic with ancillary pharmacy and laboratory).

(Item No. 13, Report No. 47)

By-law Councillor L. Kanapathi abstained

BY-LAW 2010-182 A by-law to amend Zoning By-law 90-81, as amended (1756845 Ontario Inc., 7475 McCowan Road and 52 Walford Road - To permit business office and medical clinic with ancillary pharmacy and laboratory).

(Item No. 13, Report No. 47)

By-law Councillor L. Kanapathi abstained

BY-LAW 2010-183 A by-law to amend Zoning By-law 304-87, as amended (Times Group Inc., south of Highway 7 and east of Warden Avenue – To delete the subject lands from By-law 304-87, as amended, so that they could be incorporate into By-law 2004-196, as amended, to permit the development consisting of a broad range of high density residential, commercial employment and supporting uses).

(Approved by OMB on May 19, 2010) (Communication No. 50-2010)

BY-LAW 2010-184 A by-law to amend Zoning By-law 2004-196, as amended (Times Group Inc., south of Highway 7 and east of Warden Avenue – To permit the development consisting of a broad range of high density residential, commercial employment and supporting uses).

(Approved by OMB on May 19, 2010) (Communication No. 50-2010)

BY-LAW 2010-186 A by-law to adopt Official Plan Amendment No. 187 (Section 37 Official Plan Policies and Guidelines for Implementation).

(Item No. 2, Report No. 52)

BY-LAW 2010-187 A by-law to adopt Official Plan Amendment No. 188 (Seven Star Plaza Inc. – To redesignate the lands at 8495 McCowan Road)

(Item No. 4, Report No. 52)

BY-LAW 2010-188 A by-law to amend Zoning By-law 108-81, as amended (Sunrise Montessori School, 180 Amber Street – To remove (H) Hold provision to permit the operation of a private school and daycare).

(Item No. 5, Report No. 52)

BY-LAW 2010-189 A by-law to amend Zoning By-law 165-80, as amended (St. Maurice and St. Veronica Coptic Orthodox Church, 1050 Rodick Road – To delete the subject property from the designated area of By-law 165-80, as amended, to permit the property to be developed with a place of worship).

(Communication No. 51-2010)

BY-LAW 2010-190 A by-law to amend Zoning By-law 2004-196, as amended (St. Maurice and St. Veronica Coptic Orthodox Church, 1050 Rodick Road – To permit the property to be developed with a place of worship).

(Communication No. 51-2010)

BY-LAW 2010-191 A by-law to appoint individuals to the Town of Markham Municipal Election Compliance Audit Committee.

(In-Camera Item No. 3)

13. IN-CAMERA ITEMS

Moved by Councillor E. Shapero

Seconded by Deputy Mayor J. Heath

That Council resolve into an in-camera session to discuss the following item (10:41 p.m.):

5. PROPOSED SETTLEMENT
RE OPA 182 (VICTORIA SQUARE) (8.0)

CARRIED

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

That Council rise from in-camera session and report. (11:15 p.m.)

CARRIED

There was no discussion during the in-camera session for the following items:

1. HOME DEPOT HOLDINGS INC VS
TOWN OF MARKHAM APPEAL: FINAL DECISION (8.0)

2. TERMINATION OF TORONTO
BUTTONVILLE AIRPORT AGREEMENTS (8.0)

3. SELECTION OF TOWN OF MARKHAM
MUNICIPAL ELECTION COMPLIANCE AUDIT COMMITTEE (14.0)

4.         REQUEST FOR REVIEW OF
            ONTARIO MUNICIPAL BOARD DECISION
            - HUGHSON DRIVE AREA
            INTERIM CONTROL BY-LAW NO. 2010-6 (8.0)

6. MINUTES OF IN-CAMERA COUNCIL MEETING
- JUNE 22 AND 23, 2010

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Virgilio

That In-camera Item Nos. 1 to 6 be received and adopted.

CARRIED

REPORT OF GENERAL COMMITTEE – September 20, 2010

(1) HOME DEPOT HOLDINGS INC VS
TOWN OF MARKHAM APPEAL: FINAL DECISION (8.0)

1) That the report entitled “Home Depot Holdings Inc vs Town of Markham Appeal: Final Decision”, be received; and,

2) That staff be authorized and directed to do all things necessary to give effect to this report.

CARRIED

(2) TERMINATION OF TORONTO
BUTTONVILLE AIRPORT AGREEMENTS (8.0)

1) That the confidential report entitled “Termination of Toronto Buttonville Airport Agreements”, dated September 13, 2010, be received; and,

2) That the present two directors of Toronto Buttonville Airport (Markham) Inc. (“TBAM”), a corporation wholly owned by the Town, be removed and the Mayor and Deputy Mayor be appointed as directors; and,

3) That a meeting of the shareholders of TBAM be held as soon as practicable, following termination of the Airport Agreements, to pass a special resolution to dissolve TBAM; and,

4) That the Mayor and Deputy Mayor, as directors of TBAM, be authorized to execute a Surrender and Release of Lease Agreement, Articles of Dissolution for TBAM and any other TBAM documents necessary to complete the dissolution process; and further,

5) That Staff be authorized and directed to take the actions set out in this report.

CARRIED

(3) SELECTION OF TOWN OF MARKHAM
MUNICIPAL ELECTION
COMPLIANCE AUDIT COMMITTEE (14.0)

1) That Council appoint the following individuals to the Town of Markham Municipal Election Compliance Audit Committee:

Mr. Edward (Ted) Borovoy

Ms. Jody Feldman

Ms. Kelly Gravelle

Ms. Olga Luftig

Mr. Jim Robinson; and,

2) That the above recommendation and a by-law to appoint individuals to the Town of Markham Municipal Election Compliance Audit Committee be adopted.

(By-law 2010-191)

CARRIED

REPORT OF DEVELOPMENT SERVICES COMMITTEE – September 21, 2010

(4)        REQUEST FOR REVIEW OF
            ONTARIO MUNICIPAL BOARD DECISION
            - HUGHSON DRIVE AREA
            INTERIM CONTROL BY-LAW NO. 2010-6 (8.0)

1) That the report entitled “Request for Review of Ontario Municipal Board Decision – Hughson Drive Area Interim Control By-law 2010-6” be received; and,

2) That Council ratify Staff’s actions in requesting the Ontario Municipal Board to review the decision on the Hughson Drive Area Interim Control By-law and grant a re-hearing; and further,

3) That Staff be authorized and directed to take the actions set out in this report.

CARRIED

(5) PROPOSED SETTLEMENT
RE OPA 182 (VICTORIA SQUARE) (8.0)

1) That the confidential report entitled “Proposed Settlement re OPA 182 (Victoria Square)” be received; and,

2) That Staff be authorized to do all things necessary to give effect to the recommendations in this report.

CARRIED

(6) MINUTES OF IN-CAMERA COUNCIL MEETING
- JUNE 22 AND 23, 2010 (16.0)

1) That the minutes of the in-camera Council meeting held on June 22 and 23, 2010, be confirmed.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor E. Shapero

Seconded by Councillor V. Burke

That By-law 2010-185 be given three readings and enacted.

Three Readings

BY-LAW 2010-185 A by-law to confirm the proceedings of the Council meeting of September 21, 2010.
(Council Meeting No. 12, 2010)