October 13, 2009

COUNCIL MINUTES Council Chamber, Civic Centre

Meeting No. 14

 

ROLL CALL

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, Councillor A. Chiu.

 

ABSENT

Regional Councillor J. Jones.

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

B. Librecz, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

L. Riegel, Assistant Town Solicitor

B. Cribbett, Treasurer

K. Kitteringham, Town Clerk

Andrew Brouwer, Deputy Clerk

J. Wong, Technology Support Specialist

D. Flaherty, Manager, Strategic Communications

 

 

The Regular Meeting of Council was held on October 13, 2009 at 7:05 p.m. in the Council Chamber, Civic Centre.  Mayor F. Scarpitti presided.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Carolina Moretti disclosed an interest with respect to Item No. 1, Report No. 60 (16th and McCowan Holdings Limited), as her son works for Fieldgate Homes, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES - SEPTEMBER 29, 2009

            Minutes

 

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

 

That the Minutes of the Council Meeting held on September 29, 2009, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

(1)        UNITED WAY OF YORK REGION
            2008 CHEQUE PRESENTATION AND
            2009 CAMPAIGN PRESENTATION (12.2.6)

 

Mr. Daniele Zanotti, CEO, United Way of York Region, provided a brief overview of the 2009 Fundraising Campaign.

 

Ms. Kimberley Kitteringham, Town Clerk and Chair of the 2008 Town of Markham United Way Employee Fundraising Campaign, presented a cheque in the amount of $94,338 to Mr. Zanotti.

 

Ms. Nancy Marchant, Senior Human Resources Consultant and Chair of the 2009 Town of Markham United Way Employee Fundraising Campaign, outlined some of the events that will be taking place at the Town of Markham.

 

Moved by Councillor C. Moretti

Seconded by Councillor E. Shapero

 

That Council thank Ms. Kimberley Kitteringham, Town Clerk and Chair of the 2008 Town of Markham United Way Employee Fundraising Campaign, Ms. Nancy Marchant, Senior Human Resources Consultant and Chair of the 2009 Town of Markham United Way Employee Fundraising Campaign and all Town staff for their efforts on the Town of Markham United Way Employee Fundraising Campaign.

 

CARRIED

 


 

(2)        GERMAN PIONEERS DAY PRESENTATION (12.2.6)

 

Council at its meeting held on September 29, 2009 proclaimed October 13, 2009 as “German Pioneers Day” in the Town of Markham.

 

Mr. Lorne Smith, Town Historian, provided a brief history of the "German Pioneers Day" and the contribution of the early German pioneers to the culture and economy of Markham.  Mr. Smith introduced representatives from the local heritage organizations, including:

 

- Robert Shank, Chair, Markham Berczy Settlers Association

- Betty Burkholder, Reesor Family in Canada

- Christian Klein, Historical Society of Mechlenburg Upper Canada Inc.

- Jim Monkman, York Chapter, Pennsylvania German Folklore Society of Ontario

- Gerhard Schickedanz, Bethesda Lutheran Church

 

Ms. Christian Klein of Historical Society of Mechlenburg Upper Canada Inc. presented a declaration scroll to Mr. Smith.  The declaration is by King George the Third, as issued by Governor Guy Lord Docrchester in 1788, establishing four districts west of Quebec: Luneburg, Mecklenburg, Nassau and Hesse.  These districts were later changed to Upper Canada by 1792 when Lieutenant Governor John Graves Simcoe arrived.

 

Ms. Klein also presented a copy of the German-Canadian Yearbook to Mayor F. Scarpitti.  The yearbook was published in 1992 by the Historical Society of Mecklenburg Upper Canada.

 

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor G. Landon

 

That Council recognize and thank the many efforts of the organizers of the "German Pioneers Day".

 

CARRIED

 

__________________________

 

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

 

That Council consider the item regarding nomination of the David Dunlap Observatory immediately following Presentation Item Nos. (1) and (2).

(See Item No. 3, Report No. 60 for Council's resolution on this matter)

 

CARRIED

__________________________

 

 


 

 

(3)        TOWN INITIATED OFFICIAL PLAN AMENDMENT
TO THE HAMLET OF
VICTORIA SQUARE PRESENTATION (10.3)

 

Mr. Jim Baird, Commissioner of Development Services Commission, provided a brief overview of the proposed Town Initiated Official Plan Amendment to the Hamlet of Victoria Square and responded to questions from Members of Council on same.

(Item No. 2, Report No. 60)

 

 

 

 

4.         DELEGATIONS

 

Council consented to add Delegations (1) to (6).

 

(1)        Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., addressed Council with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square, and spoke in opposition to the proposed recommendation.  (10.3)

            (Item No. 2, Report No. 60)

 

(2)        Michael Davis addressed Council with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square, and spoke in support of the proposed recommendation.  (10.3)

            (Item No. 2, Report No. 60)

 

(3)        Margarita Leventis addressed Council with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square, and spoke in support of the proposed recommendation.  (10.3)

            (Item No. 2, Report No. 60)

 

(4)        Matthew McKinlay addressed Council with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square, and spoke in support of the proposed recommendation.  (10.3)

            (Item No. 2, Report No. 60)

 

(5)        Nancy Brumwell addressed Council with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square, and spoke in support of the proposed recommendation.  (10.3)

            (Item No. 2, Report No. 60)

 

(6)        Jim Robertson, President, Save Victoria Square Ratepayers Association, addressed Council with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square, and spoke in support of the proposed recommendation.  (10.3)

            (Item No. 2, Report No. 60)

 


 

__________________________

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor G. Landon

 

That Council consider the item with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square immediately following the delegations with respect thereto.

(See Item No. 2, Report No. 60 for Council's resolution on this matter)

 

CARRIED

__________________________

 

 

 

5.         PETITIONS

 

(1)        PETITION FROM THE AREA RESIDENTS OF
           
DONALD COUSENS PUBLIC SCHOOL

            - REQUEST FOR PARKING ON FRED MCLAREN BOULEVARD (2.17)

            Petitions

 

Moved by Regional Councillor G. Landon

Seconded by Councillor C. Moretti

 

That the petitions signed by approximately 46 area residents of Donald Cousens Public School requesting parking on Fred McLaren Boulevard be received and referred to Traffic Operations Staff of the Community and Fire Services Commission.

 

CARRIED

 

 

 

6(a)      REPORT NO. 58 - GENERAL COMMITTEE (October 5, 2009)

 

Moved by Regional Councillor J. Virgilio

Seconded by Councillor E. Shapero

 

That Report No. 58 - General Committee comprised of 5 items be received and adopted.

 

(1)        APPOINTMENTS, RESIGNATIONS
 - ADVISORY COMMITTEES (16.24)

 

1)         That the resignation of Ms. Julia Burke, from the Animal Care Committee, be accepted with thanks and a letter of appreciation be forwarded.

 

CARRIED


 

 

(2)        IMPACT OF HARMONIZATION OF
THE FEDERAL GOODS AND
SERVICES TAX AND
ONTARIO’S
PROVINCIAL
SALES TAX ON
INDIVIDUALS, BUSINESSES AND
THE MUNICIPAL SECTOR (7.3)

            Report

 

1)         That the report “Harmonization of the Federal Goods and Services Tax (GST) and Ontario’s Provincial Sales Tax (PST) on Individuals and Businesses and the Municipal Sector” be received; and,

 

2)         That the government of the Province of Ontario be requested to:

-           mitigate the impact of the implementation of the proposed Harmonized Sales Tax (HST) in light of the current economic downturn and gradually phase-in the implementation of HST;

 

-           exempt rental and registration fees of municipal facilities and programs from the application of the HST, or on the other hand, design  measures to mitigate the increased costs of these services to ensure that all residents and especially families, youth and seniors are able to afford and participate in these significant programs which are provided throughout the Town; and,

 

3)         That the Mayor be authorized to forward a letter to the Premier outlining the Town of Markham’s position on the HST; and,

 

4)         That the Association of Municipalities of Ontario (AMO) be requested to lobby the Provincial Government on behalf of the Town to provide mitigation or exemptions which would ensure the continued affordability of all municipal programs for the Town’s residents; and further,

 

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

 

CARRIED

 


 

(3)        WARD 3 BY-ELECTION: EARLY VOTING,
SPECIAL VOTING HOURS & AUTHORIZATION
FOR USE OF OPTICAL SCAN VOTE TABULATORS (14.0)

            Report

 

1)         That the Report entitled “Ward 3 By-Election: Early Voting, Special Voting Hours & Authorization for Use of Optical Scan Vote Tabulators” be received; and,

 

2)         That Council pass a by-law to authorize the following early voting opportunities and special voting hours for the November 23, 2009 Ward 3 by-election:

 

      Early Voting Opportunities:

      Saturday, November 14, 2009 & Sunday, November 15, 2009, both days:

10:00 a.m. – 6:00 p.m.

Varley Art Gallery

216 Main St Unionville, ON L3R 2H1

 

      Special Voting Hours:

      Monday, November 23, 2009:

      10:00 a.m. – 6:00 p.m., at each of the following voting places:

 

      Bethany Lodge

      23 Second Street South

      Markham, ON

 

      Union Villa

      4300 Highway 7

      Markham, ON  L3R 1L8

 

      Sunrise Assisted Care

      38 Swansea Road

      Markham, ON  L3R 5K2; and

 

3)         That Council pass a by-law to authorize the use of optical scan vote tabulators for the November 23, 2009 Ward 3 By-election; and further,

 

4)         That the cost of the November 23, 2009 By-election be funded from the election cost centre (310 311).

            (By-laws 2009-145 and 2009-146)

 

CARRIED

 


 

(4)        ADVISORY COMMITTEE APPOINTMENT (16.24)

 

1)         That the following persons be appointed to the German Mills Community Centre Board for the term ending December 31, 2010:

 

Myra Bechtel

Kathy Branny

Eileen Carter

Erin Cattral

Helen Duffy

Athena Hui

Sharon Raibmon

 

CARRIED

 

 

(5)        IMPACT OF HARMONIZATION OF THE
FEDERAL GOODS AND SERVICES
TAX AND
ONTARIO’S PROVINCIAL
SALES TAX TO THE TOWN (7.3)

            Report

 

1)         That the report “Impact of Harmonization of the Federal Goods and Services Tax (GST) and Ontario’s Provincial Sales Tax (PST) to the Town ”  be received; and,

 

2)         That the 2010 operating budget impact of $55,000 based on July 1, 2010 implementation be included in the 2010 operating budget; and,

 

3)         That the 2010 capital budget HST impact of $545,000 be included in the 2010 capital budget; 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. 59 - DEVELOPMENT SERVICES COMMITTEE (Sept. 29, 2009)

 

Council consented to separate Item No. 1.

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Item No. 1 of Report No. 59- Development Services Committee, as amended, be received and adopted.

 

(1)        TORONTO BUTTONVILLE
            MUNICIPAL AIRPORT (5.15.1)

            Draft Resolution

 

Whereas the Toronto Buttonville Municipal Airport is located in the Town of Markham, Region of York; and,

 

Whereas the Buttonville Airport supports general aviation, corporate and government jets, and emergency services including air ambulance and police, and is one of the busiest airports in Ontario; and,

 

Whereas the Buttonville Airport plays a key strategic role in the Provincial and Greater Toronto Area aviation transportation network; and,

 

Whereas the Buttonville Airport supports a wide range of business and government activities in Markham, York Region and the GTA, and provides significant direct and indirect employment opportunities and economic development benefits; and,

 

Whereas key economic indicators include 29 private business operations at Buttonville Airport and 4 government and service agencies employing a total of 345 people in full and part time jobs at the airport itself; an estimated total of approximately 1,300 direct and indirect employment opportunities generated by airport related activities; a contribution of approximately $ 96 million in direct, indirect and induced contributions to gross domestic product; and,

 

Whereas the Buttonville Airport is privately owned and operated by  Toronto Airways Limited, but has historically received financial contributions from government and airport authorities, most recently the Region of York and the Greater Toronto Airport Authority (GTAA); and,

 

Whereas the funding provided to the Buttonville Airport by the GTAA ceased in April 2009, resulting in the owner / operator of the airport announcing that they may cease operations at the Buttonville location, and that redevelopment options are being considered for the subject lands; and,


 

Now Therefore be it Resolved as follows:

 

1)         That the Town of Markham supports the continued operation of the Buttonville Airport as the airport is a major contributor to the local and regional economy and transportation network; and,

 

2)         That the GTAA and the Federal Government be requested to restore it’s funding to the Buttonville Airport and that the Region of York be requested to continue it’s funding to the Buttonville Airport until a new location for the Airport is found; and further,

 

3)         That copies of this resolution be forwarded to Toronto Airways Limited, the Greater Toronto Airport Authority, the Region of York, the Region of Durham, the Federal Minister of Transportation, the Premier of Ontario, the Provincial Minister of Transportation, and MPs and MPPs in York and Durham Regions.

 

CARRIED AS AMENDED

(See following motion to defer the proposed resolutions which was lost)

(See following motion to adopt the proposed preambles)

(See following motions to amend the proposed resolutions)

(See following proposed resolution which was not adopted)

 

            Motion to defer the proposed resolutions which was lost

 

            Moved by Councillor D. Horchik

            Seconded by Councillor A. Chiu

 

That Item No. 1, Report No. 59, regarding the Toronto Buttonville Airport be deferred to a future Development Services Committee meeting; and that Mr. Sifton be invited to attend the meeting to discuss this matter.

 

LOST

 

 

Council consented to division of the proposed resolutions regarding the Toronto Buttonville Airport for voting purposes.

 


 

            Motion to adopt the proposed preambles

 

            Council consented to add the following as preamble Paragraph No. 5:

 

"Whereas key economic indicators include 29 private business operations at Buttonville Airport and 4 government and service agencies employing a total of 345 people in full and part time jobs at the airport itself; an estimated total of approximately 1,300 direct and indirect employment opportunities generated by airport related activities; a contribution of approximately $ 96 million in direct, indirect and induced contributions to gross domestic product;"

 

            Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

            That all preambles of Item No. 1, Report No. 59, as proposed, be adopted.

 

CARRIED

 

 

            Resolution No. 1)

 

            Moved by Deputy Mayor J. Heath

            Seconded by Councillor E. Shapero

 

            That the following Resolution No. 1), as amended to delete the words "… in York Region or in close proximity to York Region…" after the words "…Buttonville Airport…", be adopted:

 

"1)        That the Town of Markham supports the continued operation of the Buttonville Airport as the airport is a major contributor to the local and regional economy and transportation network;"

CARRIED AS AMENDED

 


 

Resolution No. 2)

 

Council consented to add the words "… and the Federal Government…" after the word "…GTAA…".

 

            Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That the following Resolution No. 2), as proposed, be adopted:

 

"2)        That the GTAA and the Federal Government be requested to restore it’s funding to the Buttonville Airport and that the Region of York be requested to continue it’s funding to the Buttonville Airport until a new location for the Airport is found;"

CARRIED

 

 

            Resolution No. 3)

 

            Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

            That the following Resolution No. 3), as proposed, be adopted:

 

"3)        That copies of this resolution be forwarded to Toronto Airways Limited, the Greater Toronto Airport Authority, the Region of York, the Region of Durham, the Federal Minister of Transportation, the Premier of Ontario, the Provincial Minister of Transportation, and MPs and MPPs in York and Durham Regions."

 

CARRIED

 

 

            Proposed resolution which was not adopted

 

            Council consented to not adopt the following proposed resolution:

 

"That the owner/operator of the Buttonville Airport be encouraged to search for a new location for the Airport in the Region of York or in close proximity to the Region of  York and also be encouraged to continue operating the Buttonville Airport until it can be relocated."

 

NOT ADOPTED

 


 

6(c)      REPORT NO. 60 - DEVELOPMENT SERVICES COMMITTEE (Oct. 6, 2009)

 

 

Council consented to separate Item No. 1 regarding the applications for 16th and McCowan Holdings Ltd. to allow Councillor C. Moretti to disclose an interest on the matter.

 

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 60 - Development Services Committee comprised of 3 items be received and adopted, except Items Nos. (2) and (3).  [See following Item Nos. (2) and (3)]

 

(1)        16TH AND MCCOWAN HOLDINGS LTD.
            EAST OF MCCOWAN ROAD, NORTH OF 16TH AVENUE
           
WISMER COMMONS COMMUNITY
            APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION
            APPROVAL AND IMPLEMENTING
            ZONING BY-LAW AMENDMENTS
            (SU 02 115896 (19TM-02011 – PHASE 3 and 19TM-98006 AND ZA 08 122207)
            (10.7, 10.5)

            Report  Attachment

 

1)         That the report entitled “Recommendation Report, 16th and McCowan Holdings Ltd., East of McCowan Road, north of 16th Avenue, Wismer Commons Community, Applications for Draft Plan of Subdivision Approval and Implementing Zoning By-law Amendments, SU 02 115896 (19TM-02011 – Phase 3 and 19TM-98006) and ZA 08 122207”, dated October 6, 2009 be received; and,

 

2)         That draft plan of subdivision 19TM-02011 - Phase 3 and 19TM-98006 submitted by 16th and McCowan Holdings Ltd., be draft approved subject to the conditions outlined in Appendix ‘A’; and,

 

3)         That the application submitted by 16th and McCowan Holdings Ltd. to amend Zoning By-laws 304-87 and 177-76, as amended, be approved and the draft by-laws attached as  Appendices ‘B’ and ‘C’, be finalized and enacted without further notice; and,

 

4)         That servicing allocation for 12 units (44.4 pop.) be granted to plan of subdivision 19TM-02011 - Phase 3 and 19TM-98006 from the total allocation for the Wismer Commons Community, assigned in accordance with the February 12, 2008 staff report on servicing allocation; and,

 

5)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 - 12 units) and 19TM-98006 (12 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 3 lands, until York Region has advised in writing that the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the YDSS Flow Control Structures project will be within twelve (12) months; and,

 

6)         That the Mayor and Clerk be authorized to enter into a No Presale Agreement with the Owner of Plan 19TM-02011 (Phase 3 – 136.5 units) and 19TM-98006 (136.5 units) which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the Phase 3 lands, until:

 

i)    York Region has advised in writing that the expected completion of the Southeast Collector Sewer will be within twelve (12) months;

ii)   The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the lands; and

iii)   The Trustee for the Wismer Commons Developers’ Group Cost Sharing Agreement has assigned 136.5 units of conditional servicing (water and sewer) allocation to the Owner; and,

 

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

 

8)         That the Region of York be advised of the servicing allocation for this development; and,

 

9)         That the applicant provide to the Town the 30% payment of the required subdivision processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as amended by By-law 2008-257); and further,

 

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

 

CARRIED

(Councillor C. Moretti abstained)

 


 

(2)        TOWN INITIATED OFFICIAL PLAN AMENDMENT
            TO THE HAMLET OF
VICTORIA SQUARE PLANNING DISTRICT
            (
PR 07 127443 & OP 09 113402) (10.3)

            Report  Attachment  Correspondence Letters Letters

 

1)         That the letter dated October 13, 2009 from Ms. Elena Bevilacqua, Vice-President, Cesaroni Holdings Ltd and the letter dated October 11, 2009 from Mr. A. Fedele, presented at the Council meeting on October 13, 2009, be received; and,

 

2)         That the delegations of Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., Michael Davis, Margarita Leventis, Matthew McKinlay, Nancy Brumwell, Jim Robertson, President, Save Victoria Square Ratepayers Association, presented at the Council meeting on October 13, 2009, be received; and,

 

3)         That the letter dated September 25, 2009 from Mr. Matthew McKinlay forwarding thirty-five letters of response from the residents of the community of Victoria Square indicating thirty responses do not support the proposed amendment and five responses in support of the proposed amendment to the Official Plan, presented at the Development Services Committee on October 6, 2009, be received; and,

 

4)         That the correspondence from Mr. Jim Robertson, President Save Victoria Square Ratepayers Association, presented at the Development Services Committee on October 6, 2009, be received; and,

 

5)         That the correspondence from Ms. Joy Mortson, 3046 Elgin Mills Road East, presented at the Development Services Committee on October 6, 2009, be received; and,

 

6)         That the staff report entitled “Recommendation Report - Town initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District”, dated October 6 2009, be received; and,

 

7)         That the record of the Public Meeting held on June 16, 2009, be received; and,

 

8)         That an Official Plan Amendment which sets out new policies in the Victoria Square Planning District restricting all new development to single detached residential uses and subject to site plan control and which will require all new development or redevelopment to apply compatible historical architectural styles through specific Urban Design Guidelines be finalized and adopted; and,

 

9)         That staff report back to the Development Services Committee on designating The Hamlet of Victoria Square as a designated Heritage Study Area; and further,


 

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

 

CARRIED AS AMENDED BY A UNANIMOUS RECORDED VOTE

(See following recorded vote)

(See following motion to move forward the consideration of this matter)

(See following motion to consider the proposed resolutions)

(See following motion to amend the proposed resolutions)

 

Unanimous 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, Councillor A. Chiu. (11)

 

ABSENT:       Regional Councillor J. Jones. (1)

 

 

Motion to move forward the consideration of the matter

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor G. Landon

 

That Council consent to consider the item with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square immediately following the delegations with respect thereto.

CARRIED

 

 

            Motion to consider the proposed resolutions

 

            Moved by Councillor D. Horchik

            Seconded by Councillor J. Webster

 

            That Council consider the proposed motion regarding the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square.

 

CARRIED

 


 

            Motion to amend the proposed resolutions

 

            Moved by Councillor D. Horchik

            Seconded by Councillor J. Webster

 

            That the following paragraphs be added as Resolutions No. 1) and 2); and that the proposed resolution be renumbered:

 

"1)        That the letter dated October 13, 2009 from Ms. Elena Bevilacqua, Vice-President, Cesaroni Holdings Ltd and the letter dated October 11, 2009 from Mr. A. Fedele, presented at the Council meeting on October 13, 2009, be received; and,

 

2)         That the delegations of Ms. Elena Bevilacqua, Cesaroni Holdings Ltd., Michael Davis, Margarita Leventis, Matthew McKinlay, Nancy Brumwell, Jim Robertson, President, Save Victoria Square Ratepayers Association, presented at the Council meeting on October 13, 2009, be received; and,"

CARRIED

 

 

(3)        NOMINATION OF THE DAVID DUNLAP OBSERVATORY
           
RICHMOND HILL, FOR NATIONAL HISTORIC SITE STATUS (16.11)

            Report  Attachment

 

1)         That as recommended by Heritage Markham, Council’s heritage advisory committee, the Town of Markham supports The Town of Richmond Hill’s efforts to nominate the David Dunlap Observatory as a National Historic Site; and,

 

2)         That the Town of Markham recommends that the entire property containing the David Dunlap Observatory be set aside for conservation and preservation purposes; and,

 

3)         That this resolution be sent to the Prime Minister of Canada, the Federal Minister of Heritage, the Premier of Ontario, the Provincial Minister of Culture, the MPs and MPPs for the Town of Markham and for the Town of Richmond Hill, and the Council of the Town of Richmond Hill; and further,

 

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

 

CARRIED BY A UNANIMOUS RECORDED VOTE

(See following recorded vote)

(See following motion to move forward the consideration of this matter)


 

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

 

ABSENT:       Regional Councillor J. Jones, Councillor C. Moretti. (2)

 

 

            Council consented to add the words "… the Prime Minister of Canada…" and the words "…the Premier of Ontario…" to Resolution No. 3).

 

 

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

 

That Council consider the item regarding nomination of the David Dunlap Observatory immediately following Presentation Item Nos. (1) and (2).

 

CARRIED

 

 

 

6(d)      REPORT NO. 61 - DEVELOPMENT SERVICES PUBLIC MEETING
(
Oct. 6, 2009)

 

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

 

That Report No. 61 - Development Services Public Meeting comprised of 1 item be received and adopted.

 

(1)        WYNBERRY DEVELOPMENTS INC. (PHASE 3)
            PROPOSED DRAFT PLAN OF SUBDIVISION AND
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            EAST OF
MINGAY AVENUE AND NORTH OF
            EDWARD JEFFREYS AVENUE
            WISMER COMMONS COMMUNITY
            (ZA 09-119148-002 AND SU 01-119048) (10.7, 10.5)

            Report  Attachment

 

1)         That the Development Services Commission report dated September 22, 2009 entitled “Information Report, Wynberry Developments Inc. (Phase 3), Proposed draft plan of subdivision and implementing zoning by-law amendments, East of Mingay Avenue and north of Edward Jeffreys Avenue, File Numbers ZA 09-119148-002 and SU 01-119048” be received; and,


 

2)         That the Record of the Public Meeting held on October 6, 2009, with respect to the applications by Wynberry Developments Inc. (Phase 3) for Zoning By-law Amendment and Draft Plan of Subdivision, be received; and,

 

3)         That upon completion of the review and evaluation by staff of the proposal submitted by Wynberry Developments Inc. (Phase 3) Draft Plan of Subdivision 19TM-01020, and if there are no outstanding issues, the draft plan be approved in accordance with the Delegation By-law; and further,

 

4)         And that upon issuance of draft plan approval, the implementing zoning by-laws be enacted without further notice.

 

CARRIED

 

 

 

7.         MOTIONS

 

There were no motions.

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions.

 

 

 

9.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

 

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

 

Referred to all Members of Council

53-2009           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Century Palace Chinese Restaurant, 398 Ferrier Street, Unit 168 (Change of ownership - The premises were previously licenced for indoor areas). (3.21)

                        Info


 

54-2009           A. Fedele, Community Member - Forwarding comments with respect to the proposed Town Initiate Official Plan Amendment to the Hamlet of Victoria Square.  (10.3)

                       (Item No. 2, Report No. 60)

                        Letter

 

CARRIED

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATIONS (3.4)

            Info

 

Moved by Councillor V. Burke

Seconded by Councillor E. Shapero

 

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

            - Public Library Week (October 18 to 24, 2009); and,

 

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

 

CARRIED

 

 

 

11.       NEW/OTHER BUSINESSES

 

There were no new/other businesses.

 

 


 

12.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

 

That By-laws 2009-145 to 2009-150 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-145    A by-law to authorize early voting opportunities and special voting hours for the November 23, 2009 Ward 3 By-election.

                                    (Item No. 3, Report No. 58)

                                    By-law

 

BY-LAW 2009-146    A by-law to authorize the use of optical scan vote tabulators for the November 23, 2009 Ward 3 By-election.

                                    (Item No. 3, Report No. 58)

                                    By-law

 

BY-LAW 2009-147    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

 

BY-LAW 2009-148    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 64, Plan 65M-3908, designated as Part 1, Plan 65R-31912- Malborough Road and Part of Block 64, Plan 65M-3908, designated as Part 2, Plan 65R-31912 - Smoothwater Terrace).

                                    By-law

 

BY-LAW 2009-149    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lots 8 and 20, Plan 2440, designated as Part 21, Plan 65R-17570 - Chiavatti Drive).

                                    By-law

 

BY-LAW 2009-150    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Cathedral Town Ltd. & 404 Developments, north of Major Mackenzie Drive and west of Woodbine Avenue, Blocks 1 to 8, Plan 65M-4055).

                                    By-law

 

CARRIED

 

 


 

13.       IN-CAMERA ITEMS

 

Council considered In-Camera Item (1) during the regular portion of the meeting and did not go into in-camera session.

 

 

REPORT OF GENERAL COMMITTEE (October 5, 2009)

 

(1)        MARKHAM CONVERGENCE CENTRE (10.16)

 

Moved by Regional Councillor J. Virgilio

Seconded by Councillor D. Horchik

 

1)         That the confidential report entitled “Markham Convergence Centre” be received and endorsed; and,

 

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

 

CARRIED

 

            Council consented to minor amendments to the actions set out in the confidential report regarding property lease acquisition for Markham Convergence Centre.

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor D. Horchik

Seconded by Deputy Mayor J. Heath

 

That By-law 2009-151 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2009-151    A by-law to confirm the proceedings of the Council meeting of October 13, 2009.
(Council Meeting No. 14, 2009)

                                    By-law

 

CARRIED

 

 


 

15.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 9:55 p.m.

 

 

 

 

 

___________________________________           _____________________________________

KIMBERLEY KITTERINGHAM                            FRANK SCARPITTI

TOWN CLERK                                                       MAYOR

 

(Signed)