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There
were no requests to address Council during the open forum session.
The
meeting of the Council was held on Monday, January 20, 2014 in Council
Chambers, 395 Mulock Drive, Newmarket.
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Members Present:
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Mayor Van Bynen
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Regional Councillor
Taylor
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Councillor Di Muccio
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Councillor Emanuel
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Councillor Hempen
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Councillor Kerwin
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Councillor Sponga
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Councillor Twinney
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Councillor Vegh
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Staff Present:
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R.N. Shelton, Chief
Administrative Officer
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C. Kallio, Acting
Commissioner of Community Services
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A. Moore, Commissioner of
Corporate Services
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R. Prentice, Commissioner
of Development and Infrastructure Services
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A. Brouwer, Director of
Legislative Services / Town Clerk
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S. Niezen Records and
Projects Coordinator
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J. Patel, Project Support
Business Analyst
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The meeting was called to order at 7:00 p.m.
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Mayor Van Bynen in the Chair.
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Moved by:
Councillor Di Muccio
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Seconded by: Councillor
Emanuel
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THAT the order of the agenda be altered by including the record
of items for ratification from the January 20, 2014 Special Committee of
the Whole meeting.
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Moved by:
Councillor Di Muccio
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Seconded by: Councillor
Emanuel
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a) THAT the PowerPoint presentation by Ms. Debra Scott, Newmarket
Chamber of Commerce, recognizing the 2014 Gold Smart Commute Workplace
Designation be received.
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Moved by:
Councillor Emanuel
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Seconded by: Councillor
Hempen
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a) THAT the Council Minutes of December 16, 2013 be approved.
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3.
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a) Regional Councillor Taylor advised that the Region of York will
host a workshop later this week on post-secondary institutions and
opportunities for developing post-secondary education in York Region.
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b) Regional Councillor Taylor advised of a report from the
Region’s Planning and Economic Development Department regarding the need
for a review of the land use planning and appeal system. The report
addresses need for changes in land use planning and the Ontario Municipal
Board (OMB). It addresses the need for a review of the ability of the OMB
to hear appeals, the consistency of current decision making and the need
to place greater priority on local decision making.
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Moved by:
Councillor Sponga
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Seconded by: Councillor
Di Muccio
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a) THAT the Special Committee of the Whole Minutes of January 13,
2014 be received and the following recommendations be adopted:
b) THAT the Special Committee of the Whole resolve into a closed session
for the purpose of discussing proposed acquisition of land by the
municipality or local board.
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Moved by:
Councillor Sponga
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Seconded by: Councillor
Emanuel
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a) THAT the Special Committee of the Whole (Closed Session)
Minutes of January 13, 2014 be approved.
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Carried
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b) Special Committee of the Whole (Closed Session) Minutes –
January 13, 2014 Item 1 – Joint CAO & Development Services &
Infrastructure Services – Planning and Building Services Report 2013-56
– Strategic Property Acquisition.
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Moved by: Regional
Councillor Taylor
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Seconded by: Councillor
Kerwin
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i) THAT staff be authorized to take the necessary steps directed
at the January 13, 2014 (morning session) Special Committee of the Whole
(Closed Session) meeting regarding strategic properties.
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Moved by:
Councillor Sponga
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Seconded by: Councillor
Kerwin
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8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
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a) THAT the Committee of the Whole Minutes of January 13, 2014 be
received and the following recommendations be adopted:
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PowerPoint presentation by Mr. Dave Gordon and Ms. Laura
McDowell, Regional Municipality of York Environmental Services regarding
the SM4RT Living Master Plan.
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a) THAT the PowerPoint presentation by Mr. Dave Gordon and Ms.
Laura McDowell, Regional Municipality of York Environmental Services
regarding the SM4RT Living Master Plan be received.
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Ms. Caroline Grech, Government Relations Specialist, CAA
addressed the Committee regarding a Distracted Driving Campaign.
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a) THAT the deputation by Ms. Caroline Grech, Government
Relations Specialist, CAA regarding a Distracted Driving Campaign be
received and supported.
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Item 2 of Site Plan Review Committee Minutes
of December 2, 2013 - 497 Timothy Street - 1805619 Ontario Inc. with attached Site Plan Map.
a) THAT the application for Site Plan Approval to permit a new
restaurant having a gross floor area of 693.58 square metres on the
subject lands, be approved in principle and referred to staff for
processing, subject to the following:
i) THAT the preliminary review comments to the applicant be
addressed to the satisfaction of Town staff;
ii) AND THAT the applicant work with the Building Division to
add fenestration to the north (rear) and west (Cedar Street) elevations
of the building;
iii) AND THAT Angela Sciberras of Macaulay Shiomi Howson Ltd.,
471 Timothy Street, Newmarket, ON L3Y 1P9 be notified of this decision.
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Deputation by Craig Nelson, District Manager – Green for Life.
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a) THAT the deputation request by Mr. Craig Nelson, District Manager
– Green for Life be heard and that a 10 minute time frame be
allotted.
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b) THAT the deputation by Mr. Craig Nelson, District Manager -
Green For Life and Mr. Brian Kent regarding waste collection issues be
received.
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Item 2 of Site Plan Review Committee Minutes
of November 12, 2013 - Request for Exemption from Site Plan Approval -
380 Bayview Parkway.
a) Item 2 of Site Plan Review Committee Minutes of November 12,
2013 - Request for Exemption from Site Plan Approval - 380 Bayview
Parkway be received and the following recommendations be adopted:
i) THAT the request for an exemption from Site Plan Approval
for the proposed Hydrogen Sulfide (H2S) Reduction System at the
Newmarket Pumping Station located on the subject lands be granted;
ii) AND THAT Davy Chan, Project Coordinator of the Regional
Municipality of York, 17250 Yonge Street, Newmarket, ON L3Y 6Z1 be
notified of this decision.
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Development and Infrastructure Services Report
- Planning and Building Services – Planning Report 2014-02 dated
January 13, 2014.
a) THAT Development and Infrastructure Services Report -
Planning and Building Services - Planning Report 2014-02 dated January
13, 2014 be received and the following recommendations be adopted:
i) THAT the planning recommendations and comments with respect
to the Review of Land Use Planning and Appeal System as set out in
Attachment 1 be endorsed;
ii) AND THAT staff be directed to provide the planning
recommendations and comments contained in Attachment 1 to the Ministry
of Municipal Affairs and Housing, with a copy to the Regional
Municipality of York.
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a) THAT the Presentation by the Director of
Legislative Services – Voting Method Options & Summary of Public
Input and Corporate Services - Joint Legislative Services &
Information Technology Services Report 2013-43 dated November 29, 2013
regarding "Voting Method Options, 2014 Municipal Election"
and the Memorandum dated January 10, 2014 regarding Voting Method
Options, 2014 Municipal Election be referred to a Special Committee of
the Whole meeting scheduled for January 20, 2014 beginning at 1:30
p.m.;
b) AND THAT Development and Infrastructure Services Report –
Engineering Services 2013-49 dated January 13, 2014 regarding the
Checking Consultant Professional Consulting Services Contract Extension
be referred to a Special Committee of the Whole meeting scheduled for
January 20, 2014 beginning at 1:30 p.m.;
c) AND THAT Item 1 of the Committee of the Whole (Closed
Session) agenda being a proposed or pending acquisition of land by the
municipality be referred to a Special Committee of the Whole (Closed
Session) meeting scheduled for January 20, 2014 immediately following
the Special Committee of the Whole meeting at 1:30 p.m.
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Motion by Councilor Kerwin.
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Whereas in September 2012 the provincial government cancelled
the 70 year old Ontario Ranger Program (ORP), formerly known as the
Ontario Junior Ranger Program;
AND WHEREAS when the government cancelled the Ontario Ranger
Program it claimed the Stewardship Youth Ranger Program (SYP), an
existing day program would deliver the same experience and would offer
more jobs;
AND WHEREAS this day program does not offer the same quality of
experience youth gained under the previous ORP in respect to knowledge
of resource management and without the distractions of daily life;
AND WHEREAS since 2012, 278 Ontario Ranger jobs have been
eliminated;
AND WHEREAS in previous years more than half of the Ontario
Rangers were students from large urban centres. By contrast this year,
the current day program is just not accessible to those students in
those urban centres;
AND WHEREAS when the government cancelled the ORP, many youths
lost an opportunity for a once-in-a-lifetime experience because the ORP
only required enrolment in an Ontario high school and acceptance into
the program was based on a postal code lottery system;
AND WHEREAS cancellation of the 70 year old ORP does a
disservice to public services in Ontario to those who have come to
admire and respect the natural beauty of our province;
AND WHEREAS Conservation Authorities encourage students to
learn about the importance of conserving our shared natural environment
and what they can do to make a positive impact;
AND WHEREAS the provincial government committed $295 million
dollars in the 2013 provincial budget for youth employment;
THEREFORE be it resolved that the Town of Newmarket supports
the Friends of the Ontario Ranger Program campaign to restore the
Ontario Ranger Program in the 2014 provincial budget;
AND be it further resolved that the Town of Newmarket shall
send a letter to Premier Kathleen Wynne and the Minister of Natural
Resources, David Orazietti, urging their government to restore the
Ontario Ranger Program for future generations of young people;
AND be it finally resolved that the Town of Newmarket forward
this resolution for support to the York Region municipalities and the
other 35 Conservation Authorities.
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Moved by:
Councillor Sponga
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Seconded by: Councillor
Hempen
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a) THAT the application for Site Plan Approval to permit two
additions on the north and west sides of the existing building having a
total gross floor area of 576 square metres be approved in principle and
referred to staff for processing subject to the following:
b) THAT the preliminary review comments provided to the applicant
be addressed to the satisfaction of Town staff;
c) AND THAT Richard Wengle of Richard Wengle Architect Inc., 102
Avenue Road, Toronto, ON M5R 2H3 be notified of this decision;
d) AND THAT Frank Serpa of Serpa Investments Corporation, 10414
Yonge Street, Richmond Hill, ON L3C 3C3 be notified of this decision.
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29.
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Development and Infrastructure Services Report – Public Works
Services – ES 2014-05 dated January 13, 2014 regarding Garbage and
Recycling Service Level Update.
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Moved by:
Councillor Kerwin
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Seconded by: Regional
Councillor Taylor
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a) THAT staff continue to work with the Contractor (GFL) and the
other municipal partners in good faith to resolve all issues and improve
the Level of Service for collectible waste and;
b) THAT staff review any costs, losses and remedies of the
municipality as a result of the issues encountered with the Contractor,
and that staff be authorized to pursue any appropriate legal remedies
provided for in the GFL Contract to recover these losses;
c) AND THAT GFL be required to provide a remediation plan and a
signed commitment for Council and the residents of Newmarket within 14
days addressing levels of service, quality and quantity of trucks,
staffing issues and preventative maintenance.
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Moved by:
Councillor Emanuel
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Seconded by: Councillor
Sponga
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THAT Corporate Services (Legal) Report 2013-14 dated December 12,
2013 regarding Update following the OMB Pre-Hearing with respect to
Marianneville Developments Ltd. (Glenway) be received for information and
the following recommendations be approved:
i) THAT the Town of Newmarket direct its legal
and planning representation to focus its efforts on the OMB approved
two-phase hearing it sought on the unanimous direction of Council;
ii) AND THAT Council consider mediation/settlement on technical
matters related to the proposed development of the Glenway lands once the
principle of development has been dealt with by the OMB if necessary;
iii) AND THAT Council direct staff to continue with internal
preparations related to technical issues should mediation/settlement
discussions occur.
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In Favour:
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Mayor Van Bynen,
Regional Councillor Taylor, Councillor Hempen, Councillor Sponga,
Councillor Twinney, Councillor Vegh, Councillor Emanuel,
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Opposed:
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Councillor Di Muccio,
Councillor Kerwin
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(7 in favour, 2
opposed)
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Carried
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Moved by:
Councillor Sponga
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Seconded by: Councillor
Hempen
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THAT Corporate Services Report - Financial Services 2014-02 dated
December 5, 2013 regarding the 2014 Interim Tax Billing and By-law be
received and the following recommendation be approved:
i) THAT Council enact a by-law for the levy and collection of the
2014 Interim Tax Levy.
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Carried
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Moved by:
Councillor Sponga
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Seconded by: Councillor
Emanuel
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THAT the Committee of the Whole (Closed Session) Minutes of
January 13, 2014 be approved.
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Carried
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Mayor Van Bynen advised that at the Committee of the Whole
(Closed Session) meeting of January 13, 2014 the Director of Legal
Services/ Municipal Solicitor provided legal advice surrounding the GFL
Service Level Update.
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a) Joint Development & Infrastructure Services and Corporate
Services Report 2014-01 – Glenway Development Application Appeal to the
Ontario Municipal Board.
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Moved by:
Councillor Emanuel
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Seconded by: Councillor
Sponga
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THAT Joint Development & Infrastructure Services and
Corporate Services Report 2014-01 dated January 6, 2014 regarding Glenway
development appeal to the Ontario Municipal Board be received and the
following recommendation be adopted:
i) THAT staff continue to provide Council with regular updates
including financial reporting leading up to and throughout the OMB
hearing.
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Moved by: Regional
Councillor Taylor
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Seconded by: Councillor
Kerwin
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THAT the presentation by the Director of Legislative Services -
Voting Method Options & Summary of Public Input and Corporate
Services - Joint Legislative Services & Information Technology
Services Report 2013-43 dated November 29, 2013 regarding "Voting
Method Options, 2014 Municipal Election" and Memorandum dated
January 10, 2014 regarding Voting Method Options be received and the
following recommendations, as amended, be adopted:
i) THAT Council endorse Option 1, “Use of Vote Counting Equipment
and Optical Scanning Vote Tabulators” for use in the 2014 municipal
election;
ii) AND THAT Council refer Option 2, “ Use of Internet Voting” to
the 2018 election to be reviewed within the first 12 months of the next
term of Council;
iii) AND THAT a by-law be brought forward for consideration by
Council to authorize the use of voting and vote-counting equipment in the
2014 municipal election in accordance with Section 42.1 (a) and (b) of
the Municipal Elections Act, 1996.
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In Favour:
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Mayor Van Bynen, Regional
Councillor Taylor, Councillor Di Muccio, Councillor Hempen, Councillor
Kerwin, Councillor Sponga, Councillor Twinney, Councillor Vegh
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Opposed:
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Councillor Emanuel
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(8 in favour, 1
opposed)
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Carried
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Moved by: Regional
Councillor Taylor
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Seconded by: Councillor
Vegh
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THAT Council approve the execution of the Professional Consulting
Services Agreement with R.J. Burnside and Associates Limited for a period
up to two (2) years from the date of Council approval to provide
checking consulting services at preferred client discounted rates
adjusted annually in accordance with industry standards;
i) AND THAT staff report back to Council after a year and a half
with options regarding the Checking Consultant Professional Consulting
Services Contract;
ii) AND THAT the Mayor and Town Clerk be authorized to execute
the Professional services contract;
iii) AND THAT Mr. Dave Scomazzon, P.Eng. of R.J. Burnside and
Associates Limited be notified of this action.
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In Favour:
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Mayor Van Bynen,
Regional Councillor Taylor, Councillor Emanuel, Councillor Hempen,
Councillor Kerwin, Councillor Sponga, Councillor Twinney, Councillor Vegh
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Opposed:
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Councillor Di Muccio
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(8 in favour, 1
opposed)
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Carried
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34.
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Joint CAO & Commissioner of Development and Infrastructure
Services Report (Closed Session) 2014-03 (proposed or pending acquisition
of land)
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Mayor Van Bynen advised that this matter was deferred at the
January 13, 2014 Committee of the Whole (Closed Session) and was
considered at the January 20, 2014 Special Committee of the Whole (Closed
Session) meeting.
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Moved by:
Councillor Emanuel
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Seconded by:
Councillor Kerwin
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THAT Joint CAO & Commissioner of Development and
Infrastructure Services (Closed Session) Report 2014-03 dated January 6,
2014 regarding a pending acquisition of land be received;
AND THAT the recommendations in Joint CAO and Commissioner of
Development and Infrastructure Services Report 2014-03, as amended, be
adopted.
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35.
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By-laws 2014-01, 2014-02, 2014-03 and 2014-05.
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Moved by: Regional
Councillor Taylor
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Seconded by: Councillor
Vegh
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a) THAT By-laws
2014-01, 2014-02, 2014-03 and 2014-05 be enacted.
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Moved by:
Councillor Di Muccio
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Seconded by: Councillor
Twinney
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b) THAT By-law 2014-04 being a by-law to appoint an Integrity
Commissioner for the Town of Newmarket be deferred to the next scheduled
Committee of the Whole meeting.
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36.
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Councillor Di Muccio advised that she would be bringing forward a
motion to the March 17, 2014 Committee of the Whole meeting with respect
to the composition of Town Committees.
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37.
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a) Councillor Di Muccio advised that the Newmarket Seniors’
Meeting Place is planning a bus trip to Casino Rama on January 28th. The
bus leaves from the Ray Twinney Recreation Complex (100 Eagle Street
West, back parking lot) at 9 a.m. and returns at 5 p.m. Ticket costs are
$2 for members and $5 for guests. To get your tickets or for more
information, please call 905-953-5325.
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b) Councillor Di Muccio advised that on Saturday, January 25,
2014 at the Magna Centre between 10 a.m. and 3 p.m. parents can meet with
minor sports leagues for information and registration.
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c) Councillor Di Muccio noted the observance of January 20, 2014
as Martin Luther King Day in the U.S.A.
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38.
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Councillor Sponga advised that the public is invited to a Public
Information Centre on Tuesday, January 28th from 6:00 to 8:00
p.m. in the Mulock Room at the Municipal Offices, 395 Mulock Drive to
discuss the proposed reconstruction of Second Street from Cotter Street
to Prospect Street. Project drawings will be on display. Staff from
Engineering Services and the Town’s consulting engineers will be
available to answer questions and provide information. For further
information regarding this project please contact Tom Ungar at
905-953-5300 extension 2504 or email [email protected].
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39.
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a) Councillor Hempen advised that the public may enter the 2014
Winterfest Photography Contest. Photographs, in colour or black and
white, must be related to winter or the great outdoors and be ready to
hang. Photos must be submitted in person at the Town of Newmarket
Municipal Officse, 395 Mulock Drive before Friday January 31st,
maximum of 3 photos per person. Winners will be announced at Winterfest
on February 1st at 1:00 p.m. or contacted by phone, and prizes
will be awarded the following week. For registration forms and
information please visit www.newmarket.ca under “Special Events” in Arts
& Culture.
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b) Councillor Hempen advised that the ARCH (Architecture,
Recreation, Culture, Heritage) Committee invites eligible residents to
enter a Logo Design Contest for Rebel Heartland. Submissions are being
called for a logo commemorating events in Newmarket in 1837. Contestants
must reside in Upper York Region. Entries must be received in person by
Whitney Broydell at the Elman Campbell Museum (134 Main Street South) by
4:00 p.m. on January 24th. Information on the design
parameters can be found online at www.newmarket.ca under “Headlines”.
Prizes are $500 for 1st, $250 for 2nd and $100 for
3rd. Winners will be announced on February 6th on
the Town Page of the Era. For further information please call
905-953-5314.
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40.
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Regional Councillor Taylor advised that Newmarket residents and
groups pursuing the arts are invited to apply for a grant through the
Newmarket Celebrates the Arts Grant Program. Grant categories include
Youth (ages 17 and under), Post-Secondary Education (ages 18 to 25) and
Projects/Events. Application deadline is 4:00 p.m. on February 21st
, 2014. For more information, visit www.newmarket.ca or e-mail
[email protected]. Those looking to apply for ‘Newmarket Celebrates
the Arts’ grants are invited to attend a grant writing workshop on
Wednesday January 29th at the Newmarket Community Centre &
Lions Hall #4 from 7:00 p.m. to 9:00 p.m.
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41.
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a) Councillor Twinney congratulated the Newmarket Softball
Association for receiving a $60,800 trillium grant and on celebrating
their 40th anniversary in 2014.
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b) Councillor Twinney invited the public to come out to the newly
built ‘cool’ ice lounge at the Newmarket Riverwalk Commons, 200 Doug
Duncan Drive. Join the conversation online with the #NewmarketIceLounge
on Twitter, Facebook and Instagram, and you and 20 of your closest
friends could win exclusive access to watch a live Canadian Olympic men’s
hockey game with game day snacks provided by Pickle Barrel Newmarket.
This contest runs now until February 16th , 2014. For more
information, visit www.newmarket.ca.
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42.
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Councillor Kerwin advised that the public is invited to a Public
Information Centre on Thursday February 6th from 6:00 to 8:00 p.m.
in the Council Chambers of the Municipal Offices at 395 Mulock Drive to
discuss the proposed reconstruction of Srigley Street from Prospect
Street to Muriel Avenue. Project drawings will be on display. Staff from
Engineering Services and the Town’s consulting engineers will be
available to answer questions and provide information. For further
information regarding this project please contact Tom Ungar at
905-953-5300 extension 2504 or email [email protected].
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43.
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a) Councillor Vegh advised that the Ward 1 community drop in is
on Tuesday February 4th, 2014 from 7:00 to 9:00 p.m.at the
Magna Centre. The 40th Ward 1 drop-in was recently held on
January 7th, 2014. Councillor Vegh thanked the public, Mayor
Van Bynen and Regional Councillor Taylor for participating.
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b) Councillor Vegh invited the public to join in the fun at Newmarket’s annual Winterfest
event. Beginning Saturday February 1st at 8:00 a.m. at
Newmarket Riverwalk Commons on Doug Duncan Drive, enjoy a $1 pancake
breakfast, family bingo, children’s activities and more. The fun
continues at Fairy Lake Park, Water Street from 10:00 a.m. to 3:00 p.m.
with wagon rides, pony rides, children's games, train rides and hot food.
Admission is free (select activities have a nominal fee). Winterfest
continues on Sunday, February 2nd at the Ray Twinney
Recreation Complex, 100 Eagle Street West with free public skating from
noon to 2:00 p.m., and free public swimming from 1:00 to 4:00 p.m.
Donations of non-perishable food items are welcome. For more information,
please visit www.newmarket.ca or
call 905-895-5193.
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44.
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Councillor Kerwin advised that he would be available for speaking
with residents at the Newmarket Public Library (lower level) on Saturday
January 25th from 9:30 a.m. to 11:30 a.m.
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45.
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Councillor Sponga congratulated the Newmarket Atom House League
for their performance at the recent minor hockey tournament in Bradford.
Councillor Sponga also congratulated the organizers of the annual
Silverstick Tournament for another successful event.
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46.
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a) Mayor Van Bynen congratulated the organizers of the
Silverstick Tournament on their 25th anniversary and for
organizing an event for 72 hockey teams from across North America.
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b) Mayor Van Bynen offered congratulations on behalf of the
Members of Council and residents of the Town of Newmarket, to 15 year-old
Newmarket resident Gabrielle Daleman for her second place finish at the
Senior Women’s Division at the National Figure Skating Championships on
January 20th. She has earned a berth on the Canadian Figure
Skating Team competing at the Sochi 2014 Olympic Games. We wish her well!
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c) Mayor Van Bynen advised that the next Council meeting is Monday, February 10th
2014 at 7 p.m.
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47.
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Councillor Twinney requested that staff report back on how
sidewalk clearing is prioritized. The Commissioner of Development and
Infrastructure Services responded that staff will provide information on
snow clearing protocols and will look at snow clearing on Patterson
Drive.
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48.
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Councillor Di Muccio queried staff regarding staffing levels supporting
the development of a post-secondary institution. The Chief Administrative
Officer explained that Delta Consulting has been retained to facilitate
post-secondary planning. The Acting Commissioner of Community Services outlined
the consultants’ role and explained that there is a Post-Secondary
Working Group in place and outlined their role.
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49.
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Councillor Di Muccio requested that the Council Code of Conduct
review be brought back to a future Committee of the Whole meeting.
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50.
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Councillor Vegh requested that staff circulate a map of the
Town’s primary and secondary sidewalk snow clearing routes, and that
staff report back on why sidewalk plows drive on the road to move between
routes. The Commissioner of Development of Infrastructure Services
offered to circulate the related policy and bring a report on the matter
back to a future Committee of the Whole meeting.
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51.
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Councillor Kerwin requested that staff also report back on
sidewalk snow clearing of corner lots and if it was possible to apply
sand and salt to areas that are not cleared.
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Moved by:
Councillor Sponga
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Seconded by: Regional
Councillor Emanuel
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a) THAT By-law 2014-06
be enacted.
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Moved by:
Councillor Emanuel
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Seconded by: Councillor
Kerwin
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THAT the meeting
adjourn.
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There being no further
business, the meeting adjourned at 9:47 p.m.
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Tony
Van Bynen, Mayor
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Andrew
Brouwer, Town Clerk
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