OPEN FORUM 6:45 P

Additions & Corrections to the Agenda (Items 31 to 37)

 

 

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

 

Declarations of Pecuniary Interest

 

Presentations & Recognitions

 

Deputations

 

1.

Mr. Steve Foglia to address the Committee highlighting the Accessibility Advisory Committee's term accomplishments.

 

 

2.

Ms. Bessie Vlasis to address the Committee regarding 'Bully Free Community Alliance' and request the Town acknowledges October 10, 2014 as 'Mental Health Day' and November 16 to 22, 2014 as "Bully Awareness Week' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the deputation by Ms. Bessie Vlasis regarding 'Bully Free Community Alliance' be received;

 

i) AND THAT the Town of Newmarket proclaim October 10, 2014 as 'Mental Health Day' and November 16 to 22, 2014 as 'Bully Awareness Week' in the Town of Newmarket;

 

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

p. 1

 

Consent Items (Items # 3 to 25, 26 to 28, 32, 33)

 

3.

Correspondence dated August 14, 2014 from Ms. Ana Nair, Founder/President ABSG requesting that October 17, 2014 be recognized as Blue Shirt Day - Stop Bullying Day in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence dated August 14, 2014 from Ms. Ana Nair requesting that October 17, 2014 be recognized as Blue Shirt Day - Stop Bullying Day in the Town of Newmarket be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim Friday October 17, 2014 as 'Blue Shirt Day - Stop Bullying Day' 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. 2

 

4.

Correspondence dated July 29, 2014 from Pandit Roopnauth Sharma, President, Ontario Multifaith Council requesting October 13 to 19, 2014 be proclaimed 'Spiritual and Religious Awareness Week' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence from Pandi Roopnauth Sharma, Presient, Ontario Multifaith Council be received and the following recommendations be adopted:

 

i) THAT October 13 to 19, 2014 be proclaimed 'Spiritual and Religious Awareness Week' in the Town of Newmarket;

 

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

p. 3

 

5.

Correspondence dated August 20, 2014 from Mr. Fred Hahn, President, CUPE Ontario Division requesting that Wednesday, October 29, 2014 be proclaimed 'Child Care Worker and Early Childhood Educator Appreciation Day' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence from Mr. Fred Hahn, President, CUPE Ontario Division be received and the following recommendations be adopted:

 

i) THAT Wednesday, October 29, 2014 be proclaimed 'Child Care Worker and Early Childhood Educator Appreciation Day' 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. 5

 

 

 

6.

Correspondence dated August 29, 2014 from Ms. Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario requesting that October 20 to 26, 2014 be proclaimed 'Waste Reduction Week' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence from Ms. Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim October 20 to 26, 2014 as 'Waste Reduction Week';

 

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

p. 6

 

7.

Correspondence dated September 9, 2014 from Fire Chief Ian Laing requesting that October 5 to 11, 2014 be proclaimed 'Fire Prevention Week' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence from Fire Chief Ian Laing be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim October 5 to 11, 2014 as 'Fire Prevention Week';

 

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

p. 8

 

8.

Correspondence dated September 10, 2014 from Mr. George Habib, President and CEO, Ontario Lung Association requesting that November, 2014 be proclaimed 'Lung Month' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence dated September 10, 2014 from Mr. George Habib be received and the following recommendations be adopted:

 

i) THAT November, 2014 be proclaimed 'Lung 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. 9

9.

Street Naming Committee Minutes of July 28, 2014.

 

The Street Naming Committee recommends:

 

a) THAT the Street Naming Committee Minutes of July 28, 2014 be received.

p. 11

 

10.

Accessibility Advisory Committee Minutes of June 19, 2014.

 

The Accessibility Advisory Committee recommends:

 

a) THAT the Accessibility Advisory Committee Minutes of June 19, 2014 be received.

p. 14

 

11.

Appointment Committee Minutes of August 26, 2014.

 

The Appointment Committee recommends:

 

a) THAT the Appointment Committee Minutes of August 26, 2014 be received.

p. 17

 

12.

Main Street District Business Improvement Area Board of Management Minutes of May 20, June 17 and July 15, 2014.

 

The Main Street District Business Improvement Area Board of Management recommends:

 

a) THAT the Main Street District Business Improvement Area Board of Management Minutes of May 20, June 17 and July 15, 2014 be received.

p. 20

 

13.

Environmental Advisory Committee Minutes of May 7 and June 4, 2014.

 

The Environmental Advisory Committee recommends:

 

a) THAT the Environmental Advisory Committee Minutes of May 7 and June 4, 2014 be received.

p. 31

 

14.

Item 1 of the Environmental Advisory Committee Minutes of May 7, 2014 regarding York Region Food Charter.

 

The Operational Leadership Team recommends: 

 

THAT the following be referred to staff:

 

The Newmarket Environmental Advisory Committee recommends to Council:

 

WHEREAS York Region’s food system is vital to our community’s health, economic development, environmental sustainability, education and social justice;

 

AND WHEREAS the Town of Newmarket understands the food system is a complex system with interconnected and interrelated priorities, and is committed to strengthening the food system through coordinated actions for food-related programming;

 

THEREFORE BE IT RESOLVED that the Newmarket Environmental Advisory Committee recommend that the Town of Newmarket endorse the York Region Food Charter;

 

AND THAT the Town adopt the policies and principles contained within the Food Charter into the Town’s Official Plan.

p. 42

 

15.

Item 8 of the Environmental Advisory Committee Minutes of May 7, 2014 regarding demolition of sales pavilions.

 

The Operational Leadership Team recommends:

 

THAT the following be referred to staff:

 

a) The Environmental Advisory Committee recommends to Council:

 

i) THAT the Planning and Development Department, Building Services division review demolition permits for sales pavilions and encourage developers to donate materials to community organizations.

p. 43

 

16.

Item 12 of the Environmental Advisory Committee Minutes of June 4, 2014 regarding NEAC Follow-Up.

 

The Operational Leadership Team recommends:

 

a) THAT the following recommendation be referred to the Committees/Boards Review process.

 

a) The Newmarket Environmental Advisory Committee recommends to Council:

 

i) THAT the Newmarket Environmental Advisory Committee request a Council Workshop in December, 2014 or January, 2015 to discuss recommendations and priorities for the Environmental Advisory Committee 2014-2018 term.

p. 44

 

 

17.

Development and Infrastructure Services Report - Planning and Building Services 2014-40 dated September 22, 2014 regarding Proposed Zoning By-law Amendment Application - 212 Davis Drive.

 

The Commissioner of Development and Infrastructure Services and the Director of Planning and Building Services recommend:

 

a) THAT Development and Infrastructure Services - Planning and Building Services - Planning Report 2014-40 dated September 22, 2014 regarding Proposed Zoning By-law Amendment Application D14-NP-14-04 be received and the following recommendations be adopted:

 

i) THAT Council support the Zoning By-law amendment in accordance with the Zoning By-law and applicable Holding provisions as recommended in Appendix A - Recommended  Zoning By-law;

 

ii) AND THAT the applicant be advised that a Reference Plan is required to be submitted to the Town prior to Site Plan Approval, which identifies as a minimum, the land to be conveyed to the Town for the future Minor Collector across the southerly limit of 212 Davis Drive; all easements including the easement for the future burying of hydro and related infrastructure (a minimum of a 3 m  wide easement and space for the burying of switch gear to replace the current dip pole on the frontage of the property), easements for servicing including: water, waste water and storm water.;

 

iii) AND THAT Council direct staff and legal counsel to continue to work with the proponent, the commenting agencies toward the resolution of any outstanding issue as identified in this report prior to the finalization of Site Plan Approval;

 

iv) AND THAT Council direct staff and legal counsel as part of Site Plan process, to enter into a Site Plan Agreement addressing applicable outstanding issues generally as outlined, but not limited to, those identified in Appendix B;

 

v) AND THAT Brad Rogers of Groundswell Urban Planners, 30 West Beaver Creek Road, Unit 109, Richmond Hill, On L4B 3K1 and Daniel Berholz, Green and Rose Developments Inc. 156 Duncan Mills Road, Unit 12, Toronto, ON, M3B 3N2 be notified of this action.

p. 45

 

18.

Development and Infrastructure Services Report - Planning and Building Services 2014-41 dated September 11, 2014 regarding an Application for Zoning By-law Amendment and  Draft Plan of Subdivision - Sundial Homes (Davis) Limited.   

 

 

The Commissioner of Development and Infrastructure Services and the Director of Planning and Building Services recommend:

 

a) THAT Development and Infrastructure Services Report - Planning and Building Services 2014-41 dated September 11, 2014 regarding an Application for Zoning By-law Amendment and Draft Plan of Subdivision be received and the following recommendations be adopted:

 

i) THAT approval be given to Draft Plan of Subdivision 19TN-2013-003, subject to the schedule of conditions set out in Appendix 'A' attached to and forming part of this report;

 

ii) AND THAT staff be directed to prepare the necessary zoning by-law amendment;

 

iii) AND THAT the approval for Draft Plan of Subdivision 19TN-2013-003 shall only be issued upon the execution of a 'No Pre-Sales Agreement' by the owner of the said Draft Plan with the Town of Newmarket;

 

iv) AND THAT servicing allocation be granted in the amount of 665 population to a maximum of 250 dwelling units;

 

v) AND THAT Chris Matson, Matson, McConnell Ltd., 2430A Bloor Street West, Toronto, ON M6S 1P9 be notified of this action.

p. 82

 

19.

Corporate Services Report - Legislative Services 2014-05 dated September 8, 2014 regarding Canadian Coalition of Municipalities Against Racism and Discrimination (CCMARD) Action Plan.

 

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

 

a) THAT Corporate Services Report - Legislative Services 2014-05 dated September 8, 2014 regarding 'Canadian Coalition of Municipalities Against Racism and Discrimination Action Plan' be received and the following recommendations be adopted:

 

i) THAT Council endorse the Town of Newmarket CCMARD (Canadian Coalition of Municipalities Against Racism and Discrimination) Action Plan (attached as Appendix A);

 

ii) AND THAT staff forward the endorsed CCMARD Action Plan to the Canadian Commission for UNESCO in support of the Ten Common Commitments.

p. 121

 

20.

Corporate Services Report - Legislative Services 2014-18 dated September 9, 2014 regarding vivaNext D1 Project Request for Exemption from the Noise By-law.

 

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

 

a) THAT Corporate Services Report - Legislative Services 2014-18 dated September 9, 2014 regarding vivaNext D1 Project Request for Exemption from the Noise By-law be received and the following recommendations be adopted:

 

i) THAT the request from Kiewit EllisDon for a noise exemption to perform necessary works for the vivaNext D1 project between the hours of 10:00 p.m. to 7:00 a.m. from December 25, 2014 to December 25, 2015 be approved;

 

ii) AND THAT this approval is subject to ongoing staff supervision and community impact assessment and revocation if community impact is deemed excessive by staff or Council.

p. 142

 

21.

Corporate Services Report - Legislative Services 2014-19 dated September 9, 2014 regarding Implementation Considerations, Relief from Sign Permit Fees, Davis Drive and Yonge Street.  

 

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

 

a) THAT Corporate Services Report - Legislative Services 2014-19 dated September 9, 2014 regarding Implementation Consideration, Relief From Sign Permit Fees, Davis Drive and Yonge Street be received.

p. 146

 

22.

Corporate Services Report - Legislative Services 2014-20 dated September 8, 2014 regarding the 2014 Status Update - 2013-2017 Multi-Year Accessibility Plan.

 

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

 

a) THAT Corporate Services Report - Legislative Services 2014-20 dated September 8, 2014 regarding the 2014 Status Update - 2013-2017 Multi-Year Accessibility Plan be received;

 

i) AND THAT the 2014 Status Update - 2013-2017 Multi-Year Accessibility Plan, attached as Appendix 'A' be approved.

p. 151

 

23.

Development and Infrastructure Services Report - Engineering Services 2014-57 dated September 9, 2014 regarding Request for Final Acceptance and Assumption of Underground and Aboveground Works - Garden Homes Residential Subdivision.

 

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

 

a) THAT Development and Infrastructure Services Report – ES 2014-57 dated September 9, 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 the Garden Homes Residential Subdivision  excluding  the Stormwater Management Facility and the Mulock Drive sidewalk – as shown on the attached map be finally accepted and assumed by the Town;

 

ii) AND THAT Mr. Ignazio Giardina of Garden Homes Inc., and Mr. Angelo A. Maurizio, P. Eng., of Schaeffer & Associates Ltd. are notified of these recommendations.

p. 167

 

24.

Development and Infrastructure Services Report - Engineering Services 2014-58 dated September 5, 2014 regarding Request for Final Acceptance and Assumption of Underground and Aboveground Works - Valleyview Residential Subdivision, Phases 2 and 2A.

 

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

 

a) THAT Development and Infrastructure Services Report – ES 2014-58 dated September 5, 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 the Valleyview Residential Subdivision – Phases 2&2A as shown on the attached map, be finally accepted and assumed by the Town;

 

ii) AND THAT Mr. George Hofstedter of Lindvest Properties (Valleyview) Ltd., and Mr. Angelo A. Maurizio, P. Eng., of Schaeffer & Associates Ltd. be notified of these recommendations.

p. 170

 

 

25.

List of Outstanding Matters.

 

Recommendation:

 

a) THAT the list of Outstanding Matters be received.

p. 173

 

Action Items

 

Correspondence & Petitions

 

26.

Correspondence dated August 20, 2014 from Mr. Bryan Allen regarding Train Whistles.

 

Recommendation:

 

a) THAT the correspondence dated August 20, 2014 from Mr. Bryan Allen regarding Train Whistles be received.

p. 177

 

27.

Correspondence dated July 30, 2014 from Ms. Carolyn Lance, Council Services Coordinator, Town of Georgina addressed to Prime Minister Stephen Harper regarding legislation to restrict the use of Neonicotinoid Pesticides in Ontario and requesting support of a resolution requesting a moratorium be declared surrounding the use of Neonicotinoid crop treatments and the inclusion of planting of bee and butterfly friendly spaces on appropriate Town property in the 2015 budget.

 

The Operational Leadership Team recommends:

 

a) THAT the correspondence dated July 30, 2014 from Ms. Carolyn Lance, Council Services Coordinator, Town of Georgina regarding the use of Neonicotinoid Pesticides be received.

p. 178

 

28.

Petition from Mr. Ian Johnston regarding construction of a splash pad in Ward 6.     

 

The Operational Leadership Team recommends:

 

a) THAT the petition from Mr. Ian Johnston regarding construction of a splash pad in Ward 6 be referred to staff.

p. 180

 

Reports by Regional Representatives

 

Notices of Motion

 

Motions

 

29.

Councillor Sponga - THAT a staff report be prepared to review GO Train operations including east-west road connections, grade separations, speed within the downtown core, frequency of whistles at the train intersection located at Water Street, Timothy Street and Davis Drive and the implementation of a regulated Signaled Pedestrian Crossing at Water Street, Doug Duncan Drive and Fairy Lake.

p. 213

 

New Business

 

Closed Session (if required)

 

 

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

 

1.

Office of the Chief Administrative Officer and Corporate Services (Legal Services) Joint Closed Session Report 2014-21 regarding a proposed disposition of land by the municipality in Ward 3.

 

 

2.

Office of the Chief Administrative Officer and Corporate Services (Legal Services) Joint Closed Session Report 2014-23 regarding a potential acquisition of land by the municipality in Ward 5.

 

 

3.

Corporate Services - (Legal Services) Closed Session Report 2014-24 dated September 16, 2014 regarding litigation before the Ontario Municipal Board. (536 and 550 Mulock Court)

 

 

Public Hearing Matters

 

30.

Public Meeting Notice and Related Council Extract - Development and Infrastructure Services Report - Planning and Building Services 2014-33 dated July 21, 2014 regarding Application for Zoning By-law Amendment - 1738357 Ontario Ltd., 345-351 Davis Drive.

p. 214

 

 

 

 

 

 

 

 

 

 

Addendum (Additions and Corrections)

 

31.

Councillor Twinney - Motion:

 

THAT the Ontario Government consider the appropriate legislative amendments to the Municipal Act, 2001 to permit telephone or video conference participation by appointed members of municipal accessibility advisory committees required by the Accessibility for Ontarians with Disabilities Act, 2005;

 

AND THAT this resolution be circulated to the Hon. Kathleen Wynne, Premier of Ontario; Hon. Brad Duguid, Minister of Economic Development, Employment and Infrastructure; Hon. Ted McMeekin, Minister of Municipal Affairs and Housing; Mr. Chris Ballard, MPP; municipalities in York Region, Durham Region, Halton Region, City of Toronto and the Association of Municipalities of Ontario.

p. 232

 

32.

Correspondence dated September 15, 2014 from Ms. Lynn Bird, President, Rotary Club of Newmarket requesting that October 24, 2014 be proclaimed 'World Polio Day' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence from Ms. Lynn Bird, President, Rotary Club be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim October 24, 2014 as 'World Polio Day';

 

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

p. 233

 

33.

Correspondence dated September 15, 2014 from Ms. Mary Bayliss, RRT, Canadian Society of Respiratory Therapists requesting that October 26 to November 1, 2014 be proclaimed 'Respiratory Therapists Week' in the Town of Newmarket.

 

Recommendations:

 

a) THAT the correspondence from Ms. Mary Bayliss, RRT be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim October 26 to November 1, 2014 as 'Respiratory Therapists Week';

 

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

p. 234

34.

Correspondence dated September 15, 2014 from Ms. Sara Brockman, Development Planner, Lake Simcoe Region Conservation Authority regarding Public Meeting - Development and Infrastructure Services Report - Planning and Building Services 2014-33 dated July 21, 2014 regarding Application for Zoning By-law Amendment - 1738357 Ontario Ltd., 345-351 Davis Drive. (Related to Item 30)

p. 235

 

35.

Deputation: Mr. Daniel Berholz, Green & Rose Developments Inc. to address the Committee regarding Development and Infrastructure Services Report - Planning and Building Services 2014-40 dated September 22, 2014 regarding Proposed Zoning By-law Amendment Application - 212 Davis Drive. (Related to Item 17)

p. 241

 

36.

Development and Infrastructure Services - Planning and Building Services Planning Report 2014-42 dated September 22, 2014 regarding Proposed Zoning By-law Amendment Application D14-NP-14-04 Addendum Report (Related to Item 17) (Note:  Recommendation v) added)

 

The Commissioner of Development and Infrastructure Services and the Director of Planning and Building Services recommend:

 

a) THAT Development and Infrastructure Services/Planning and Building Services - Planning Report 2014-42 dated September 22, 2014 regarding Proposed Zoning By-law Amendment Application D14-NP-14-04 be received and the following recommendations be adopted:

 

i) THAT Council support the Zoning By-law Amendment in accordance with the Zoning By-law and Holding provisions as recommended in Revised Appendix A - Recommended Zoning By-law;

 

ii) AND THAT the applicant be advised that a Reference Plan is required to be submitted to the Town prior to Site Plan Approval, which identifies as  a minimum, the land to be conveyed to the Town for future Minor Collector across the southerly limit of 212 Davis Drive; all easements including the easement for the future burying of hydro and related infrastructure (a minimum of a 3 m wide easement along the Davis Drive frontage and space for the future burying of switch gear to replace the current dip pole on the frontage of the property), easements for servicing including, e.g. water, waste water and storm water;

 

iii) AND THAT Council direct staff and legal counsel to continue to work with the proponent, the commenting agencies toward the resolution of any outstanding issue as identified in Planning Report 2014-40 prior to the lifting to the "Holding" provisions and finalization of Site Plan Approval;

 

 

iv) AND THAT Council direct staff and legal counsel, as part of Site Plan process, to enter into a Site Plan Agreement addressing applicable outstanding issues generally as outlined, but not limited to, those identified in Appendix B;

 

v) AND THAT servicing allocation be granted to this development from the Urban Centres assignment in the amount of 439 people (225 apartment units);

 

vi) AND THAT Brad Rogers of Groundswell Urban Planners, 30 West Beaver Creek Road, Unit 109, Richmond Hill, ON L4B 3K1 and Daniel Berholz, Green and Rose Developments Inc., 156 Duncan Mills Road, Unit 12, Toronto, ON M3B 3N2 be notified of this action.

p. 242

 

 

37.

PowerPoint Presentation by Mr. Andrew Ferancik, MCIP, RPP Senior Associate, Walker, Nott, Dragicevic Associates Limited related to Development and Infrastructure Services Report - Planning and Building Services 2014-33 dated July 21, 2014 regarding Application for Zoning By-law Amendment - 1738357 Ontario Ltd.; 345-351 Davis Drive. (Related to Item 30)

p. 258

 

Adjournment