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THAT
the Committee of the Whole Minutes of November 25, 2013, with the exception
of items 2.2.c), 17, 18, 19, 25.b) and 27-55, be approved, and the
following recommendations be adopted:
(Note:
Items 27 – 55 were ratified at the Special Council meeting of November 25,
2013)
10. Presentation – Mr. Daniele
Zanotti, CEO, United Way of York Region regarding the 2013 campaign,
highlights of United Way activities and celebration of a strong partnership
with the Town of Newmarket.
a)
THAT
the presentation by Mr. Daniele Zanotti, CEO, United Way of York Region
regarding the 2013 campaign, highlights of United Way activities and
celebration of a strong partnership with the Town of Newmarket be received.
11. Presentation – Mr. Paul Ferguson, President - Newmarket
Hydro Holdings Inc. regarding the 2012 Annual General Meeting.
THAT the PowerPoint
presentation by Mr. Paul Ferguson, President – Newmarket Hydro Holdings
Inc. regarding the 2012 Annual General Meeting be received;
AND THAT the Report of the
President dated November 5, 2013 regarding the financial statements of
Newmarket Hydro Holdings Inc. be received and the following
recommendations with the exception 2.d) be adopted:
THAT the Newmarket Hydro
Holdings Inc. Report of the President dated November 5, 2013 regarding the
financial statements of Newmarket Hydro Holdings Inc. (the “Corporation”),
the written resolutions of Newmarket – Tay Power Distribution Ltd. (“NT
Power”) and appointment of the sole director and auditors be received and
the following recommendations be adopted:
WHEREAS the Corporation of
the Town of Newmarket (the “Sole Shareholder”) is the sole shareholder of
the Corporation;
AND WHEREAS the Sole
Shareholder by a Shareholder Declaration dated November 1, 2000 appointed
the Mayor as its legal representative for the purpose of communicating any
shareholder consent or approval required by either the terms of the
Shareholder Declaration or the Business Corporations
Act (Ontario) (the “OBCA”);
AND WHEREAS the Corporation
owns a majority of the common shares of NT Power;
AND WHEREAS pursuant to
s.102(2) of the OBCA where a body corporate is the
shareholder of a corporation the corporation shall recognize any individual
properly authorized by the body corporate to represent it at meetings of
shareholders of the corporation;
AND WHEREAS pursuant to
s.104 of the OBCA a written resolution dealing with all
the matters required to be dealt with at a shareholders meeting and signed
by the shareholders entitled to vote at that meeting satisfies all
requirements of the OBCA relating to that meeting of
shareholders;
NOW THEREFORE BE IT
RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket
as follows:
1. THAT the
Mayor, as the Sole Shareholder’s legal representative, is directed to sign
the following Corporation Shareholder resolutions:
a) THAT the
Corporation’s financial statements for the financial year ended December
31, 2012 together with the report of the Corporation’s auditors, Collins
Barrow, thereon dated April 24, 2013 be approved and adopted.
b) THAT
Collins Barrow, Chartered Accountants, be appointed auditors of the
Corporation to hold office until the next annual meeting of shareholders at
such remuneration as may be fixed by the sole director and the sole
director is authorized to fix such remuneration.
c) THAT R.N.
Shelton be appointed as the sole director of the Corporation to hold office
until the next annual meeting of shareholders or until his successor is
elected or appointed.
d) THAT R.N.
Shelton, so long as he is the sole director of the Corporation, shall
represent the Corporation at meetings of shareholders of NT Power;
e) AND THAT
all acts, contracts, bylaws, proceedings, appointments elections and
payments, enacted, made, done and taken by the sole director and sole
officer of the Corporation to December 31, 2012, as the same are set out or
referred to in the resolutions of the sole director, or in the financial
statements of the corporation, are approved, sanctioned and confirmed.
2.
AND THAT the Mayor, as the Sole Shareholder’s legal representative, direct
R.N. Shelton, the sole director and legal representative of the
Corporation, to sign the following NT Power shareholder resolutions in lieu
of an annual meeting:
a) THAT the
financial statements of NT Power for the financial year ended December 31,
2012 together with the report of NT Power’s auditors, Collins Barrow,
thereon dated April 24, 2013 be approved and adopted.
b) THAT
Collins Barrow, Chartered Accountants, be appointed auditors of NT Power to
hold office until the next annual meeting of shareholders at such
remuneration as may be fixed by the directors and the directors are
authorized to fix such remuneration.
e) AND THAT
all acts, contracts, bylaws, proceedings, appointments elections and
payments, enacted, made, done and taken by the directors and officers of NT
Power to December 31, 2012, as the same are set out or referred to in the
resolutions of the board of directors, the minutes of the meetings of the
board of directors or in the financial statements of NT Power, are
approved, sanctioned and confirmed.
12. Deputation
– Mr. Malcolm
Watts, on behalf of the Heritage Newmarket Advisory Committee regarding
preliminary comments submission from Heritage Newmarket related to
Development and Infrastructure Services Report – Planning and Building
Services 2013-55 dated November 14, 2013 regarding Application for Zoning
By-law Amendment – Main Street Clock Inc.
a) THAT the deputation by Mr. Malcolm Watts regarding
preliminary comments submission from Heritage Newmarket related to
Development and Infrastructure Services Report – Planning and Building
Services 2013-55 dated November 14, 2013 regarding Application for Zoning
By-law Amendment – Main Street Clock Inc. be received.
13. Correspondence from Radha Bhardwaj, Executive
Director, AIDS Committee of York Region requesting proclamation of December
1, 2013 as "World AIDS Day" in the Town of Newmarket.
a) THAT the
correspondence dated October 23, 2013 from Radha Bhardwaj, Executive
Director, AIDS Committee of York Region be received and the following
recommendations be adopted:
i) THAT the Town of Newmarket
proclaim December 1, 2013 as "World AIDS Day";
ii) AND THAT the proclamation be advertised in the
Town Page advertisement and on the Town's website www.newmarket.ca
14. Heritage Newmarket
Advisory Committee Minutes of October 1, 2013.
a) THAT the Heritage Newmarket Advisory Committee
Minutes of October 1, 2013 be received.
15. Newmarket Economic
Development Advisory Committee Minutes of October 17, 2013.
a) THAT the Newmarket
Economic Development Advisory Committee Minutes of October 17, 2013 be
received.
16. Item 1 of the Newmarket
Economic Development Advisory Committee Minutes of October 17, 2013
regarding Intelligent Community Broadband Strategy.
a) THAT the following recommendations be referred
to staff for further review and to report back, as appropriate.
b) THAT the Town of
Newmarket consider a number of options to at least begin the process to
build a high speed connection service within Newmarket along with business
plans and implementation cases;
c) AND THAT with the assistance of the Shared
Digital Infrastructure organization that the Regional Municipality of York
be requested to supply information on what the Town of Newmarket can expect
in terms of support in moving forward with high speed connectivity
services.
17. Newmarket Public
Library Board Minutes of September 18, 2013.
a) THAT the Newmarket
Public Library Board Minutes of September 18, 2013 be received.
18. Central York Fire
Services - Joint Council Committee Minutes of October 1, 2013 and September
3, 2013 (including Closed Session Minutes).
a) THAT Central York Fire Services
- Joint Council Committee Minutes of October 1, 2013 and September 3, 2013
be received;
b) AND THAT Central York Fire Services Joint Council
Committee (Closed Session) Minutes of September 3, 2013 be received.
19. Development and
Infrastructure Services Report - Engineering Services 2013-51 dated
November 1, 2013 regarding Request for Final Acceptance and Assumption -
Oxford Homes Residential Subdivision, Phase 1A.
a) THAT Development
and Infrastructure Services Report - Engineering Services 2013-51 dated
November 1, 2013 regarding Request for Final Acceptance and Assumption -
Oxford Homes Residential Subdivision, Phase 1A be received and the
following recommendations be adopted:
i) THAT the request for
final acceptance and assumption of the Oxford Homes Residential Subdivision
- Phase 1A as shown on the attached map be finally accepted and assumed by
the Town;
ii) AND THAT the
securities be released as recommended by our Checking Consultant;
iii) AND THAT Ms.
Angela Meyer of Oxford Homes (711371 Ontario Corp.) and Mr. Angelo A.
Maurizio, P. Eng., of Schaeffer & Associates Ltd. be notified of these
recommendations.
20. Development and Infrastructure Services Report -
Engineering Services 2013-53 dated October 25, 2013 regarding GO Railway
Pedestrian Crossing Anti-Whistling, Mile 34.89.
a) THAT Development
and Infrastructure Services Report - Engineering Services 2013-53 dated
October 25, 2013 regarding GO Railway Pedestrian Crossing Anti-Whistling,
Mile 34.89 be received and the following recommendation be adopted:
i) THAT the Town not
proceed with a whistle ban proposal at the GO pedestrian crossing (mile
34.89) located at Deviation Road.
21. Development and
Infrastructure Services Report - Engineering Services 2013-54 dated October
28, 2013 regarding the Traffic By-law (By-law 2011-24) - Housekeeping
Amendments.
a) THAT Development
and Infrastructure Services Report – ES2013-54 dated October 28, 2013
regarding Traffic By-law (By-law 2011-24) be received and the following
recommendations be adopted:
i) THAT the definition of
Personal Mobility Device be deleted, and the new definition be added;
“Personal mobility device is a compact motorized
transportation device used to allow greater freedom of movement. Personal
mobility devices include forms like motorized wheel chairs, motorized
mobility scooters, and Segways.”
ii) AND THAT the errors noted in
Appendix A of this report be amended with the recommended wording;
iii) AND THAT Gorham Street at
Harry Walker Parkway, 1 way eastbound on Gorham Street in Schedule III
(Stops Signs) be deleted, and that Harry Walker Parkway at Gorham Street be
added to Schedule VIII (Signaled Intersections);
iv) AND THAT Schedule IX be
amended by removing ‘Lockwood Circle – North East’ and removing ‘Stonehaven
Avenue & Kingsmere Avenue – South East’, and adding ‘Stonehaven Avenue
& Kingsmere Avenue/Lockwood Circle – North East’;
v) AND THAT the additional stop
sign location in Appendix B be added to Schedule III (Stop Signs);
vi) AND THAT the necessary
By-laws be prepared and submitted to Council for their approval.
22. Development and
Infrastructure Services Report - Engineering Services 2013-55 dated October
29, 2013 regarding School Crossing Locations Request - Maple Leaf Public
School.
a) THAT Development
and Infrastructure Services Report - Engineering Services 2013-55 dated
October 29, 2013 regarding School Crossing Locations Request - Maple Leaf
Public School be received and the following recommendation be adopted:
i) THAT the Maple Leaf
Public School administration be forwarded a copy of this report and Council
extract and be encouraged to pursue school bus options with the parents on
the east side of Main Street North.
23. Development and
Infrastructure Services Report - Engineering Services 2013-56 dated
November 7, 2013 regarding a Request for Final Acceptance and Assumption of
Aboveground Works - Landmark Estates Residential Subdivision, Phase 1
-Clearmeadow Boulevard between Yonge Street and Jordanray Boulevard/Rannie
Road.
a) THAT Development
and Infrastructure Services Report - Engineering Services 2013-56 dated
November 7, 2013 regarding a Request for Final Acceptance and Assumption of
Aboveground Works - Landmark Estates Residential Subdivision, Phase 1,
Clearmeadow Boulevard between Yonge Street and Jordanray Boulevard/Rannie
Road be received and the following recommendations be adopted:
i) THAT the request for
final acceptance and assumption of above ground works on Clearmeadow
Boulevard between Yonge Street and Jordanray Boulevard/Rannie Road within
the Landmark Estates Residential Subdivision - Phase 1 as shown on the
attached map be finally accepted and assumed by the Town;
ii) AND THAT Mr. Tony
Orsi of Landmark Estates (1209104 Ontario Ltd.) and Mr. Andrew Ip, P.Eng., of
Masongsong Associates Engineering Ltd. be notified of these
recommendations.
24. Development and
Infrastructure Services Report - Planning and Building Services 2013-58
dated November 14, 2013 regarding Heritage Designation - 27 Main Street
North.
a) THAT Development
and Infrastructure Services Report - Planning and Building Services 2013-58
dated November 14, 2013 regarding Heritage Designation - 27 Main Street
North be received and the following recommendations be adopted:
i) THAT Council not proceed with
the Heritage designation of the Murray House at 27 Main Street North;
ii) AND THAT Council withdraw the
notice of intention to designate the property known as the Murray House at
27 Main Street North;
iii) AND THAT Bonseph (Tannery)
Ltd., and 2213305 Ontario Inc., c/o Sterling Silver Development
Corporation, Attention: Ken Kirsch, 53 The Links Road, Toronto, ON M2P 1T7
be advised of this decision;
iv) AND THAT Mr. Brian Feherty and
Associates Ltd., 411 Queen Street, Newmarket, ON L3Y 2G9 be advised of
this decision.
25.
List of Outstanding Matters.
a) THAT the list of Outstanding Matters be
received.
26. Development
and Infrastructure Services Report - Planning and Building Services 2013-59
dated November 14, 2013 regarding Application for Official Plan Amendment,
Zoning By-law Amendment, Draft Plan of Condominium and Draft Plan of
Subdivision - 292145 Ontario Limited.
a) THAT
Development and Infrastructure Services Report - Planning and Building
Services 2013-59 dated November 14, 2013 regarding Application for Official
Plan Amendment, Zoning By-law Amendment, Draft Plan of Condominium and
Draft Plan of Subdivision - 292145 Ontario Limited be received and the following
recommendations be adopted:
i) THAT the Application
for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of
Condominium and Draft Plan of Subdivision, as submitted by 292145 Ontario
Limited for lands being composed of Part of Lot 89, Concession 1, E.Y.S. be
referred to a public meeting;
ii) AND THAT following the public meeting,
issues identified in this report, together with comments of the public,
Committee and those received through the agency and departmental
circulation of the application, be addressed by staff in a comprehensive
report to the Committee of the Whole, if required;
iii) AND THAT Mr. Gary Templeton, Templeton
Planning Ltd., 71 Tyler Street, Aurora, ON L4G 2N1 be notified of this
action;
iv) AND THAT Development and Infrastructure
Services Report – Planning and Building Services 2013-59 dated November
14, 2013 regarding Application for Official Plan Amendment, Zoning By-law
Amendment, Draft Plan of Condominium and Draft Plan of Subdivision - 292145
Ontario Limited be forwarded to the Newmarket Environmental Advisory
Committee.
27. Joint
CAO/Corporate Services Report - Financial Services 2013-50 dated November
11, 2013 regarding the 2013 Audit.
a) THAT
Joint CAO/Corporate Services Report - Financial Services 2013-50 dated November
11, 2013 regarding the 2013 Audit be received and the following
recommendations be adopted:
i) THAT BDO Canada be appointed as the
Town's auditors for 2013;
ii) AND THAT the audit plan presented
by BDO be received.
28. Councillor
Kerwin provided notice that he would be bringing forward a motion to the
next scheduled Committee of the Whole meeting to appeal to the Provincial
Government by way of a resolution to reinstate the eliminated Junior Ranger
program.
29. Councillor
Sponga provided notice that he would be bringing forward a motion to the
next scheduled Committee of the Whole meeting that staff provide an update
on the present road projects in Ward 5.
30. Regional
Councillor Taylor motion with respect to changes in the Town’s procurement
process:
a) THAT
staff bring back a report to Committee of the Whole within 120 days
exploring a change to our procurement process to include recognition/points
in our tendering process recognizing the environmental benefit of the
bidders’ proximity to Newmarket. The report should include any examples in
Canada of municipalities currently engaged in recognizing the benefit of
local procurement as well as an analysis of all relevant issues;
b) AND
THAT information be provided to all Members of Council on an overall point
system on various factors in regards to procurement;
c) AND
THAT the memorandum dated January 2012 be referred back to staff to
incorporate into the report back exploring a change to the procurement
process;
d) AND THAT
the report be circulated to the Chamber of Commerce, the Economic
Development Advisory Committee and the Environmental Advisory Committee for
input.
31. New Business Items
a) Councillor Sponga requested an update
from the Director of Engineering Services with respect to the progress of
capital construction road projects; specifically Andrew Street, Catherine
Crescent, Lloyd Avenue, Robinson Drive and Curry Crescent rehabilitation.
b) Councillor Di Muccio requested a status
update with respect to the waste and recycling service and the recent lack
of pick-up on various streets in her Ward. The Commissioner of Development
and Infrastructure Services advised that Operations staff are investigating
the recent service issues.
32. Development
and Infrastructure Services Commissioner Report 2013-61 dated November 25,
2013 regarding Recommendations of Development and Infrastructure Services –
Planning and Building Services Report 2013-47 with respect to Marianneville
Developments Limited (Glenway).
a)
THAT Development
and Infrastructure Services Commissioner Report 2013-61 dated November 25,
2013 regarding Recommendations of Development and Infrastructure Services –
Planning and Building Services Report 2013-47 with respect to Marianneville
Developments Limited (Glenway) be received and the following
recommendations be adopted:
i) THAT recommendation
Number 3 of Development and Infrastructure Services/Planning and Building
Services Report 2013-47 be replaced with the following recommendation:
“THAT the revised settlement offer
prepared by Ira Kagan dated November 20, 2013 be referred to staff for a
comprehensive review and report back to a closed session Committee of the
Whole”.
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