OPEN FORUM 6:45 P

Additions & Corrections to the Agenda

 

 

Additional items to this Agenda are shown under the Addendum heading.

 

Declarations of Pecuniary Interest

 

Presentations & Recognitions

 

1.

Mr. Jim Gragtmans, Chair, Newmarket Economic Development Advisory Committee to address the Committee with a presentation regarding the Gigabit Corridor Pilot Project.

(Presentation will be provided when available)

 

 

Deputations

 

2.

Ms. Melanie Bell and Mr. Paul Harrison to address the Committee with a petition regarding Tom Taylor Crescent Proposed Walkway.

p. 1

 

3.

Ms. Phyllis Brady to address the Committee regarding a petition to have No Parking signs installed on Queen's Crescent.

p. 6

 

Consent Items (Items # 4 to 20, 22 and 23)

 

4.

Community Services Report - Economic Development 2014-20 dated August 11, 2014 regarding Implementation Strategy for Gigabit Corridor Pilot Project.

 

The Commissioner of Community Services and the Economic Development Officer recommend:

 

a) 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:

 

i ) THAT Council receive the 'Initial Stakeholder Meeting and Economic Development Impact Statement' report prepared by Sandel and Associates (Attachment A);

 

 

 

ii) 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;

 

iii) AND THAT staff provide a further report to Council with the RFP results, including alternate options if necessary, implementation recommendations and budget impact.

p. 7

 

5.

Newmarket Economic Development Advisory Committee Minutes of March 20, 2014 and July 21, 2014.  

 

The Newmarket Economic Development Advisory Committee recommends:

 

a) THAT the Newmarket Economic Development Advisory Committee Minutes of March 20, 2014 and July 21, 2014 be received.

p. 48

 

6.

Item 2 of the Newmarket Economic Development Advisory Committee Minutes of July 21, 2014 regarding Gigabit Corridor Draft Report.

 

The Newmarket Economic Development Advisory Committee recommends to Council:

 

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.

p. 54

 

7.

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.

 

Recommendations:

 

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

p. 55

 

8.

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'.

 

Recommendations:

 

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

p. 56

 

9.

Correspondence dated July 31, 2014 from Ms. Stephanie Blum, Administrative Assistant, Prostate Cancer Canada requesting proclamation of September, 2014 as 'Prostate Cancer Awareness Month'.

 

Recommendations:

 

a) THAT the correspondence dated July 31, 2014 from Ms. Stephanie Blum, Administrative Assistant, Prostate Cancer Canada be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim September, 2014 as 'Prostate Cancer Awareness Month';

 

ii) AND THAT the proclamation be advertised in the Town Page advertisement and on the Town's website www.newmarket.ca

p. 57

 

10.

Heritage Newmarket Advisory Committee Minutes of June 3, 2014.

 

The Heritage Newmarket Advisory Committee recommends:

 

 

a) THAT the Heritage Newmarket Advisory Committee Minutes of June 3, 2014 be received.

p. 59

 

11.

Newmarket Public Library Board Minutes of May 21, 2014.

 

The Newmarket Public Library Board recommends:

 

a) THAT the Newmarket Public Library Board Minutes of May 21, 2014 be received.

p. 66

 

12.

Central York Fire Services - Joint Council Committee Minutes of May 13, 2014.

 

The Joint Council Committee recommends:

 

THAT the Central York Fire Services - Joint Council Committee Minutes of May 13, 2014 be received.

p. 70

 

13.

Correspondence dated July 2, 2014 from Ms. Dora Boylen-Pabst, Vice President, Philanthropy and Engagement, Southlake Regional Health Centre Foundation requesting waiving of fees for billboard permit and stamping.  (See Item 14)

 

Recommendation:

 

a) THAT the correspondence dated July 2, 2014 from Ms. Dora Boylen-Pabst, Vice-President, Philanthropy and Engagement, Southlake Regional Health Centre Foundation be received.

p. 75

 

14.

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.

 

The Commissioners of Corporate Services, Development and Infrastructure Services and the Director of Planning and Building Services recommend:

 

a) 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 the request from the Southlake Regional Health Centre Foundation for waived and refunded fees be denied;

 

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.

p. 76

 

15.

Corporate Services Report - Legislative Services 2014-17 dated August 13, 2014 regarding Relief from Fees and Charges related to Signs on Davis Drive.

 

The Acting Commissioner of Corporate Services and the Director of Legislative Services recommend:

 

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 the request to waive fees and charges related to signs on Davis Drive be denied.

p. 82

 

16.

Corporate Services Report - Financial Services 2014-29 dated August 11, 2014 regarding 2015 Pre-Budget Approval.

 

The Acting Commissioner of Corporate Services and the Director of Financial Services recommend:

 

a) THAT Corporate Services Report - Financial Services 2014-29 dated August 11, 2014 regarding 2015 Pre-Budget Approval be received and the following recommendation be adopted:

 

i) THAT Council provide pre-budget approval for the replacement of vehicles and equipment replacement in the attached list.

p. 84

 

 

 

 

17.

Development and Infrastructure Services - Engineering Services Report 2014-51 dated August 25, 2014 regarding Kingsmere Avenue/Ataire Road – All-way Stop Review.

 

The Commissioner of Development and Infrastructure Services and the Director of Engineering Services recommend:

 

a) 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:

 

i) THAT the existing stop control at the Kingsmere Avenue/Ataire Road intersection remain as is due to:

 

  • not meeting the warrants outlined in the Transportation Management Policy as approved by Town Council

 

  • safety concerns as outlined in the Ontario Traffic Manual (Book 5) of the Ontario Ministry of Transportation.

p. 88

 

18.

Development and Infrastructure Services - Engineering Services Report 2014-52 dated August 25, 2014 regarding Foxtail Ridge - Parking Review Update.

 

The Commissioner of Development and Infrastructure Services and the Director of Engineering Services recommend:

 

a) THAT Development and Infrastructure Services Report 2014-52,dated August 25, 2014 entitled “Foxtail Ridge – Parking Review Update” be received and the following recommendation be adopted:

 

i) THAT the parking restrictions remain as they currently exist.

p. 92

 

19.

Development and Infrastructure Services Report - ES 2014-38 dated June 3, 2014 regarding Final Acceptance and Assumption of Underground and Aboveground Works - Mattamy-Toth Residential Subdivision -Phase 2.

 

The Commissioner of Development and Infrastructure Services and the Director of Engineering Services recommend:

 

a) THAT Development and Infrastructure Services Report - ES 2014-38 dated June 3, 2014 regarding the Final Acceptance and Assumption of Underground and Aboveground Works be received and the following recommendations be adopted:

 

i) THAT the request for Final Acceptance and Assumption of Underground and Aboveground Works of the Mattamy Toth Farm Phase 2 Residential Subdivision as shown on the attached map be finally accepted and assumed by the Town;

 

ii) AND THAT Mr. Gary Gregoris of Mattamy (Newmarket) Ltd., and Mr. Dragan Zec, P. Eng., of Urbantech Consulting Ltd. be notified of these recommendations.

p. 96

 

20.

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.  

 

The Commissioners of Corporate Services and Development and Infrastructure Services, the Director of Financial Services and the Director of Public Works Services recommend:

 

a) 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 proposed 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.

p. 100

 

 

Action Items

 

Correspondence & Petitions

 

Reports by Regional Representatives

 

Notices of Motion

 

Motions

 

New Business

 

Closed Session (if required)

 

 

The Closed Session Agenda and Reports will be circulated under separate cover (Goldenrod).

 

1.

Corporate Services (Legal Services) Closed Session Report 2014-18 dated July 14, 2014 regarding potential litigation, including matters before administrative tribunals affecting the municipality. (Committee of Adjustment Decision)

 

 

2.

Community Services - Recreation and Culture (Closed Session)  Report 2014-22 dated  August 25, 2014 regarding personal matters about an identifiable individual.

 

 

3.

Verbal Report of the Chief Administrative Officer regarding a proposed acquisition of land by the municipality. (Ward 7)

 

 

4.

Office of the Chief Administrative Officer and Corporate Services (Legal Services) Joint (Closed Session) Report 2014-20 dated August 25, 2014 regarding a proposed acquisition of land by the municipality. (Ward 5)

 

 

5.

Development and Infrastructure Services - Planning and Building Services (Closed Session) Report 2014-39 regarding a potential acquisition of property by the municipality.  (Ward 5)

 

 

Public Hearing Matters

 

21.

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.

p. 103

 

Addendum # 1 (Additions and Corrections to the Agenda)

 

2a)

Photographic Images related to deputation by Ms. Melanie Bell and Mr. Paul Harrison with respect to Tom Taylor Crescent Proposed Walkway. (Related to Item 2)

p. 121

 

10a)

Item 6 of the Heritage Newmarket Advisory Committee Minutes of June 3, 2014 - Designated Maintenance Property and Concerns. (Related to Item 10)

 

The Operational Leadership Team recommends that the following recommendation of the Heritage Newmarket Advisory Committee be referred to staff:

 

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.

 

CARRIED

p. 124

 

21a)

Public Comments received regarding Application for Zoning By-law Amendment - Green and Rose Developments Inc. - 212 Davis Drive.

(Related to Item 21 - Public Hearing Matter 7:00 p.m.)

p. 125

 

21b)

Corporate Services (Legal Services) Report 2014-22 dated August 20, 2014 regarding Tools to Support Rental Housing (Pilot Project)  (Related to Item 21 - Public Hearing Matter - 7:00 p.m.)

 

The Commissioner of Corporate Services and the Director of Legal Services recommend:

 

 

 

a) THAT Corporate Services  (Legal Services) Report 2014-22 dated August 20, 2014 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.

p. 137

 

22.

Community Services - Recreation and Culture Report 2014-24 dated August 25, 2014 regarding Municipal Asset Naming Program - Penn Avenue Parkette.

 

The Commissioner of Community Services and the Director of Recreation and Culture recommend:

 

 

 

 

a) THAT Community Services Report - Recreation and Culture Report 2014-24 dated August 25, 2014 regarding Municipal Asset Naming Program - Penn Avenue Parkette be received and the following recommendations be adopted:

 

i) THAT the Penn Avenue Parkette in Ward 4 be named as outlined in Community Services - Recreation and Culture (Closed Session) Report 2014-22;

 

ii) AND THAT staff prepare an official ceremony in Spring, 2015.

p. 142

 

23.

List of Outstanding Matters.

 

Recommendation:

 

a) THAT the list of Outstanding Matters be received.

p. 144

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Addendum # 2 (Additions and Corrections to the Agenda)

 

16a)

Corporate Services Report – Financial Services 2014-29 dated August 11, 2014 regarding 2015 Pre-Budget Approval. – WITHDRAWN (Related to Item 16)

(To be considered in new term of Council)

 

p. 84

   3a)    (Closed Session) Agenda – Item 3 – Verbal Report of the Chief Administrative

           Officer regarding a proposed acquisition of land by the municipality (Ward 7) - WITHDRAWN

 

 

Adjournment