Staff
Present:
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R.N.
Shelton, Chief Administrative Officer
A.
Moore, Commissioner of Corporate Services
I.
McDougall, Commissioner of Community Services
P.
Noehammer, Commissioner of Development
and
Infrastructure Services
E.
Armchuk, Director of Legal Services/Municipal Solicitor
R.
Nethery, Director of Planning and Building Services
M.
Plaunt, Senior Planner – Policy
D.
Schellenberg, Acting Director of Financial Services
R.
Prudhomme, Director of Engineering Services
C.
Service, Director of Recreation and Culture
A.
Brouwer, Director of Legislative Services/Town Clerk
L.
Lyons, Deputy Clerk
L.
Moor, Council/Committee Coordinator
J.
Patel, Project Support Business Analyst
C. Finnerty, Council/Committee Coordinator
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Moved
by: Councillor Emanuel
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Seconded
by: Councillor Kerwin
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THAT
the items listed on the agenda as addendum items be included.
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Carried
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a)
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Councillor
Vegh declared a pecuniary interest in Item 4 of the Committee of the
Whole (Closed Session) agenda being Office of the CAO and Corporate
Services (Legal Services) Joint (Closed Session) Report 2014-20 regarding a
proposed acquisition of land by the municipality in Ward 5 which references
his employer. He advised that he would take no part in the discussion or
voting of the foregoing matter.
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b)
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Councillor
Sponga declared a pecuniary interest in Item 10 and 10a) with respect to
Heritage Newmarket Advisory Committee Minutes of June 3, 2014 and Item 6 of
the Heritage Newmarket Advisory Committee Minutes of June 3, 2014 regarding
Designated Maintenance Property and Concerns as his home is designated
under the Heritage Act. He advised that he would take no part in the
discussion or voting of the foregoing matter.
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Moved
by: Councillor Sponga
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Seconded
by: Councillor Emanuel
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THAT
the following items be adopted on consent.
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2.
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Correspondence dated July
15, 2014 from Ms. Donna Pelrine, Support Committee, Queen's York Rangers
Army Cadet Corps. 2799 requesting permission to conduct tag days on
September 13 and 14, 2014 at various retail outlets in Town.
a)
THAT the correspondence dated July 15, 2014 from Ms. Donna Pelrine, Support
Committee, Queen’s York Rangers Army Cadet Corps, 2799, be received and the
following recommendations be adopted:
i)
THAT permission be granted to permit the Queen’s York Rangers Army Cadet
Corps (#2799) to conduct tag days in the Town of Newmarket on September 13
and 14, 2014;
ii)
AND THAT the announcement be advertised in the Town Page advertisement and
on the Town’s website www.newmarket.ca
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3.
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Correspondence dated July
30, 2014 from Mr. Geoff Morgan, Vice-President, Public Relations, The Court
of Blarney Toastmasters requesting proclamation of October, 2014 as
'Toastmasters Month'.
a)
THAT the correspondence dated July 30, 2014 from Mr. Geoff Morgan,
Vice-President, Public Relations, The Court of Blarney, Toastmasters be
received and the following recommendations be adopted:
i)
THAT the Town of Newmarket proclaim October 2014 as “Toastmasters Month” in
the Town of Newmarket;
ii)
AND THAT the proclamation be advertised in the Town Page advertisement and
on the Town’s website www.newmarket.ca
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9.
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Corporate Services (Legal
Services) Report 2014-22 dated August 20, 2014 regarding Tools to Support
Rental Housing (Pilot Project)
a)
THAT Corporate Services (Legal Services) Report 2014-22 dated August 20,
2014 being the tools, terms and conditions related to a Pilot Project for a
proposed rental housing development at 212 Davis Drive be received and the
following recommendations be adopted:
i)
THAT staff be directed to finalize the Development Charges Deferral
Agreement for the Pilot rental housing Project at 212 Davis Drive on the
basis that the applicable Town of Newmarket Development Charges fees to be
deferred are those in effect as at August 25, 2014 (including applicable
indexing) under By-law 2009-73 and set out in Schedule “A”;
ii)
AND THAT the deferral of the Development Charges for the Pilot Project is
conditional on the issuance of a building permit within 18 months from the
date of Site Plan approval of the development application;
iii)
AND THAT Staff be authorized to do all things necessary to finalize the
Development Charges Deferral Agreement together with any related mortgage,
collateral security or other required agreements and documents with Malter
Holdings Ltd. and its affiliated entities;
iv)
AND THAT Staff be authorized to execute and electronically register all
agreements and documents necessary to give effect to the foregoing and that
the Associate Solicitor or her staff be authorized to electronically sign
and register all Agreements;
v)
AND THAT all other tools, terms and conditions of the Pilot Project
previously approved by Council are conditional on issuance of a building
permit within 18 months of the date of Site Plan approval of the development
application.;
vi)
AND THAT the applicable Planning Application fees to be deferred are those
fees in effect on the date the Planning Application was submitted;
vii)
AND THAT the applicable Building Permit fees to be deferred are those fees
in effect on the date the Building permit(s) is/are issued.
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13.
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Community Services Report - Economic
Development 2014-20 dated August 11, 2014 regarding Implementation Strategy
for Gigabit Corridor Pilot Project.
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Moved
by: Councillor Emanuel
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Seconded
by: Regional Councillor Taylor
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THAT
Community Services Report - Economic Development 2014-20 dated August 11,
2014 regarding the Implementation Strategy for Gigabit Corridor Pilot
Project be received and the following recommendations be adopted:
a)
THAT Council receive the 'Initial Stakeholder Meeting and Economic
Development Impact Statement' report prepared by Sandel and Associates
(Attachment A);
b)
AND THAT staff be directed to issue a Request for Proposals (RFP) seeking
interested Internet Services providers (ISP's) willing to provide specified
service levels and cost structure;
c)
AND THAT staff provide a further report to Council with the RFP results,
including alternate options if necessary, implementation recommendations
and budget impact.
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Carried
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14.
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Item 2 of the Newmarket
Economic Development Advisory Committee Minutes of July 21, 2014 regarding
Gigabit Corridor Draft Report.
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Moved
by: Regional Councillor Taylor
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Seconded
by: Councillor Emanuel
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THAT
Item 2 of the Newmarket Economic Development Advisory Committee Minutes of
July 21, 2014 regarding Gigabit Corridor Draft Report be received and the
following recommendations be received:
i)
WHEREAS the Newmarket Economic Development Advisory Committee reaffirms
that broadband is a key economic driver;
ii)
AND WHEREAS the Newmarket Economic Development Advisory Committee endorses
the Sandel & Associates report in principle;
iii)
THEREFORE BE IT RESOLVED THAT Council implement a gigabit corridor pilot
project in early 2015.
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Carried
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15a)
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Photographic Images related
to deputation by Ms. Melanie Bell and Mr. Paul Harrison with respect to Tom
Taylor Crescent Proposed Walkway.
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Moved
by: Councillor Emanuel
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Seconded
by: Councillor Di Muccio
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THAT
the deputation by Ms. Melanie Bell and Mr. Paul Harrison regarding the Tom
Taylor Crescent Proposed Walkway be received.
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Carried
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16.
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Mr.
George Ivanoff addressed the Committee regarding the Tom Taylor Crescent
Proposed Walkway.
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Moved
by: Councillor Emanuel
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Seconded
by: Councillor Kerwin
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THAT
the deputation by Mr. George Ivanoff regarding the Tom Taylor Crescent
proposed Walkway be received.
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Carried
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Moved
by: Regional Councillor Taylor
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Seconded
by: Councillor Sponga
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THAT
any construction plans and future work on the proposed walkway on Tom
Taylor Crescent be immediately halted;
AND
THAT staff explore all options associated with alternate treatments for
that area and report back to Committee of the Whole.
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Carried
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The
Committee recessed at 3:40 p.m.
The
Committee reconvened at 4:04 p.m.
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18.
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Heritage Newmarket Advisory
Committee Minutes of June 3, 2014.
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Moved
by: Regional Councillor Taylor
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Seconded
by: Councillor Twinney
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THAT
the Heritage Newmarket Advisory Committee Minutes of June 3, 2014 be
received.
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Carried
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Councillor
Sponga took no part in the discussion or voting of the foregoing matter.
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19.
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Item 6 of the Heritage
Newmarket Advisory Committee Minutes of June 3, 2014 - Designated
Maintenance Property and Concerns.
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Moved
by: Regional Councillor Taylor
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Seconded
by: Councillor Twinney
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THAT
Item 6 of the Heritage Newmarket Advisory Committee Minutes of June 3, 2014
– Designated Maintenance Property and Concerns be received and the
following recommendation of the Heritage Newmarket Advisory Committee be
referred to staff.
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Whereas
some Newmarket historic buildings are deteriorating due to lack of proper
maintenance;
And
whereas such inaction leads to demolition by neglect;
And
whereas the loss of our built heritage weakens the distinctiveness of our
community and our cultural identity;
And
whereas other municipal jurisdictions have by-laws that would prevent
demolition of heritage buildings by neglect;
Therefore
be it resolved that the Heritage Newmarket Advisory Committee recommends
that a by-law to prevent demolition of heritage properties by neglect be
considered for the Town of Newmarket and that Council direct staff to
conduct the necessary research and analysis to said by-law.
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Carried
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Councillor
Sponga took no part in the discussion or voting of the foregoing matter.
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21.
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Joint Corporate Services -
Legislative Services and Development and Infrastructure Services - Planning
and Building Services Report 2014-38 dated August 14, 2014 regarding a
Development Charges Exemption and Request to Waive and Refund Fees for the
Proposed Hospice.
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Discussion
ensued and an alternate motion was presented.
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Moved
by: Councillor Emanuel
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Seconded
by: Councillor Kerwin
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THAT
Joint Planning and Building Services, Financial Services, and Legislative
Services Report 2014-38 dated August 14, 2014 regarding a Development
Charges Exemption and a request to waive Building Permit and Sign Permit
fees and refund planning application fees be received and the following
recommendations be adopted:
i)
THAT staff be provided with confirmation that the Hospice qualifies for the
new Development Charges exemptions by By-law 2014-42, once it is in full
force and effect;
ii)
AND THAT Southlake Regional Health Centre Foundation be refunded the
requested fees to be funded from the Rate Stabilization Fund;
iii)
AND THAT staff be directed to undertake a review of the impacts of creating
a policy to reduce fees for charitable foundations, community
organizations, public agencies and other similar uses;
iv)
AND THAT Dora Boylen-Pabst, Vice President, Philanthropy and Engagement,
Southlake Regional Health Centre Foundation 102-581 Davis Drive Newmarket,
L3Y 2P6 be notified of this action.
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Carried
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22.
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Corporate Services Report -
Legislative Services 2014-17 dated August 13, 2014 regarding Relief from
Fees and Charges related to Signs on Davis Drive.
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Committee
discussed the recommendations and an alternate motion was presented.
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Moved
by: Regional Councillor Taylor
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Seconded
by: Councillor Sponga
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a)
THAT Corporate Services Report – Legislative Services 2014-17 dated August
13, 2014 regarding Relief from the fees and charges related to signs on
Davis Drive be received;
i)
AND THAT sign permit fees for businesses located on Davis Drive and Yonge
Street and streets immediately abutting Davis Drive and Yonge Street
impacted by the VivaNext rapid transit expansion project be waived and
where applicable, refunded;
ii)
AND THAT a staff report be brought back outlining a recommended
implementation procedure and other considerations.
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Carried
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23.
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Development and
Infrastructure Services - Engineering Services Report 2014-51 dated August
25, 2014 regarding Kingsmere Avenue/Ataire Road – All-way Stop Review.
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Committee
discussed the recommendations and an alternate motion was presented:
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Moved
by: Councillor Vegh
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Seconded
by: Councillor Sponga
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THAT
Development and Infrastructure Services Report – ES2014-51 dated August 25,
2014 regarding Kingsmere Avenue/Ataire Road – All-way Stop Review be
received and the following recommendations be adopted:
a)
THAT the matter of Kingsmere Avenue/Ataire Road – All-Way Stop Review be
deferred in order for another traffic study to be conducted in that area.
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Carried
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24.
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Joint Procurement Corporate
Services - Financial Services and Development and Infrastructure Services -
Public Works Services Report 2014-45 dated August 11, 2014 regarding RJT
and Magna Solar Photovoltaic FIT Project Updates.
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Moved
by: Regional Councillor Taylor
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Seconded
by: Councillor Emanuel
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THAT
Joint Procurement Corporate Services - Financial Services and Development
and Infrastructure Services - Public Works Services Report 2014-45 dated
August 11, 2014 regarding RJT and Magna Solar Photovoltaic FIT Project
Updates be received and the following recommendations be adopted:
i)
THAT the RFP 2012-27 Solar Photovoltaic FIT contract be extended to include
an estimated value of $1,493,321.00 for the Magna Centre (excluding bonding
fees, maintenance, LDC connection fees and applicable taxes);
ii)
AND THAT the Director, Public Works Services and the Manager, Procurement
Services be authorized to execute the contract and all agreements and
documents necessary to give effect to the Magna Solar project on Council's
behalf;
iii)
AND THAT staff be authorized and directed to do all things necessary to
give effect to the foregoing recommendations;
iv)
AND THAT staff be directed to fund the Magna FIT project through
implementation of an internal loan with an amortization period not to
exceed ten (10) years, and that this loan be provided for in conjunction
with the 2015 budget and align with the investment strategy;
v)
AND THAT staff be directed to include the revenue surplus as outlined in
the Loan Repayment Schedule contained in the Budget Impact section of this
report in the 2015 and subsequent years Operating Budgets.
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Carried
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Councillor
Sponga provided notice that he would be bringing forward a motion to the next
scheduled Committee of the Whole meeting requesting a report on GO Train
operations as it relates to east/west road connections, grade separations,
speed within the downtown core, frequency of train whistles at Water Street
and Doug Duncan Drive as well as Fairy Lake.
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New Business
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a)
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Councillor
Di Muccio requested an update report be brought back regarding the
standards associated with replacement of playground equipment.
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b)
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Councillor
Kerwin also expressed concerns relating to feedback he has received from
area residents related to new playground equipment.
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Closed Session
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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 resolve into a Closed Session for the purpose of
discussing potential litigation, including a matter before the Ontario
Municipal Board related to a Committee of Adjustment decision affecting the
municipality and two matters related to proposed acquisitions of land by
the municipality, both in Ward 5.
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Carried
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The Committee resolved into Closed Session at 4:41
p.m.
The Committee of the Whole (Closed Session)
Minutes are recorded under separate cover.
The Committee of the Whole resumed into Public
Session at 5:27 p.m.
The
Committee recessed at 5:28 p.m.
The Committee reconvened at 7:00 p.m.
The continuation of the Committee of the Whole
meeting was called to order at 7:00 p.m.
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Mayor Van Bynen welcomed the public to the
Committee of the Whole meeting.
The Deputy Clerk advised that the Planning Act requires that the Town
hold at least one Public Meeting on any proposed Zoning By-law Amendment.
She advised that the Zoning By-law Amendment application was submitted to
permit a 15 storey apartment building containing 225 units on the property
municipally known as 212 Davis Drive.
The Deputy Clerk further advised that
the purpose of the meeting was to receive comments on the proposed Zoning
By-law Amendment. The Committee of the Whole would not be making any
decisions regarding the proposal at this meeting. All written and verbal
comments will be provided to Planning staff for consideration.
It was stated that any individual or party that
wishes to be notified of a subsequent meeting, or any individual who makes
a presentation at the public meeting must complete a notification form.
In accordance with the Planning Act, the Ontario
Municipal Board may dismiss an appeal without holding a hearing, if the
appellant failed to make either oral submission at the Public Meeting or
provide written submissions to Council prior to adoption.
The Deputy Clerk thanked everyone for their
participation and interest in the meeting.
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25.
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Public Meeting Notice and
Related Council Extract - Development and Infrastructure Services Report -
Planning and Building Services 2014-32 dated July 21, 2014 regarding
Application for Zoning By-law Amendment - Green and Rose Developments Inc.,
212 Davis Drive.
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26.
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Public Comments received
regarding Application for Zoning By-law Amendment - Green and Rose
Developments Inc. - 212 Davis Drive.
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Mr. Brad Rogers, Groundswell Urban Planners and
Mr. Daniel Berholz of Green and Rose Developments Inc. provided a
PowerPoint presentation regarding the proposed Zoning By-law Amendment
Application for 212 Davis Drive.
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Mayor Van Bynen invited members of the public to
come forward.
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a)
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Mr. Wayne Pilkey, 107 Forest Glen Road commented
that the building footprint appears small and questioned whether there were
opportunities to increase the building footprint, decrease the overall
height and provide for underground parking.
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b)
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Ms. Evelyn Stocks, 270 Davis Drive expressed
concern regarding the height of the building and commented that the
proposed building should not be greater in height than other rental
buildings along the Davis Drive corridor. She also questioned the height
of the parking garage, concerns regarding excessive noise and the
possibility of having the view from her building blocked.
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c)
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Mr. Ian Hutchinson, 235 Queen Street expressed
concerns regarding building and parking garage height and traffic ingress
and egress, including traffic spillover onto adjacent side streets, and
where children who live in the building would attend school.
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d)
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Mr. Glen Letman, 71 Forest Glen Road expressed
concerns regarding road connections, including the proposed minor collector
road adjacent to the property, grading and setback concerns that may
increase the platform of the building and the interface between existing
residential and the proposed building.
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e)
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Mr. Heinz Dickfeld, 250 Davis Drive advised that
he has observed the traffic pattern onto Davis Drive from the proposed
shared access driveway with the Church and concluded that people along the
sidewalk are often inconvenienced by cars blocking the driveway,
particularly on Sunday after the Church service concludes. Future
residents in the proposed building will be poorly served as there will be
no permitted left hand turns across the Viva lanes. Mr. Dickfeld suggested
that the proposal be delayed until the site can be provided access through
the intersection of Parkside Drive and Longford Drive.
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f)
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Mr.
Rogers and Mr. Berholz responded to concerns raised by the public and
advised that building heights are consistent with the permitted heights
with bonusing contained within the Secondary Plan. A noise study and
traffic study have been completed and circulated to Town staff. The School
Board was circulated with the application and no concerns have been brought
forward to date. The applicant is working with staff regarding the
elevation of the parking structure and other site plan details.
Underground parking was deemed to be unaffordable and therefore was not
pursued.
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g)
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Mr. Kim Nystron, Cole Engineering addressed the
Committee regarding the Traffic Impact Study and Parking Review. The
traffic study looked at peak morning and afternoon hours and concluded that
approximately 70 – 75 vehicles will move through the site during a one hour
peak period. The building traffic is not expected to conflict with Church
traffic on Sunday after Church service.
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The Committee considered and discussed various
aspects of the application including parking structure height, impacts on
adjacent single family dwellings on Queen Street to the south, shadow
studies/impacts, setbacks between parking structure and proposed road
allowance, rental cost estimates, ingress and egress points, number of
subsidized units and wait list statistics.
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Moved by: Councillor Sponga
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Seconded by: Regional Councillor Taylor
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THAT the presentations, deputations and
correspondence related to the Application for Zoning By-law Amendment -
Green and Rose Developments Inc., 212 Davis Drive be received.
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Carried
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The
Senior Planner – Policy provided the next steps associated with the
application. Comments in writing will continue to be received to mplaunt@newmarket.ca
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