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The
meeting was called to order at 1:30 p.m.
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Mayor
Van Bynen in the Chair.
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The
Chief Administrative Officer advised of the addendum items, being a
PowerPoint presentation by Mr. Paul Ferguson, Newmarket-Tay Power Annual
General Meeting, correspondence from Ms. Brenda Cooper, Cooper Plating Inc.
regarding Development and Infrastructure Services Report – Planning and
Building Services 2016-22 – Application for Official Plan Amendment and
Zoning By-law Amendment – 1166 and 1186 Nicholson Road, correspondence from
Ms. Judy Perry and Ms. Erin Cerenzia, Newmarket Historical Society
regarding archival space at the property known as the Old Fire Hall on Main
Street, Audit Committee Minutes of June 15, 2016, Audit Committee (Closed
Session) Minutes of June 15, 2016 and Corporate Services Report – Financial
Services 2016-29 regarding the 2015 Financial Statements and Auditors
Report.
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Moved
by: Councillor Kerwin
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Seconded
by: Councillor Broome-Plumley
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THAT
the addendum items be included in the agenda.
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Mayor
Van Bynen noted technical issues related to the live video streaming and
that the Town would advise the public through its Twitter account when the
web streaming would be available.
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Moved
by: Councillor Hempen
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Seconded
by: Councillor Bisanz
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THAT
the PowerPoint Presentation by Mr. Paul Ferguson, President, Newmarket-Tay
Power Distribution regarding the Newmarket-Tay Power Distribution 2015
Annual General Meeting be received.
AND
THAT the Newmarket Hydro Holdings Inc. Report of the President dated June
6, 2016 regarding the financial statements of Newmarket Hydro Holdings Inc.
(the “Corporation”), the written resolutions of Newmarket – Tay Power
Distribution Ltd. (“NT Power”) and appointment of the sole director and
auditors be received and the following recommendations be adopted:
WHEREAS
the Corporation of the Town of Newmarket (the “Sole Shareholder”) is the
sole shareholder of the Corporation;
AND
WHEREAS the Sole Shareholder by a Shareholder Declaration dated November 1,
2000 appointed the Mayor as its legal representative for the purpose of
communicating any shareholder consent or approval required by either the
terms of the Shareholder Declaration or the Business Corporations Act
(Ontario) (the “OBCA”);
AND
WHEREAS the Corporation owns a majority of the common shares of NT Power;
AND
WHEREAS pursuant to s.102(2) of the OBCA where a body corporate is the
shareholder of a corporation the corporation shall recognize any individual
properly authorized by the body corporate to represent it at meetings of
shareholders of the corporation;
AND
WHEREAS pursuant to s.104 of the OBCA a written resolution dealing with all
the matters required to be dealt with at a shareholders meeting and signed
by the shareholders entitled to vote at that meeting satisfies all
requirements of the OBCA relating to that meeting of shareholders;
NOW
THEREFORE BE IT RESOLVED by the Municipal Council of the Corporation of the
Town of Newmarket as follows:
1.
THAT the Mayor, as the Sole Shareholder’s legal representative, is directed
to sign the following Corporation Shareholder resolutions:
a.
THAT the Corporation’s financial statements for the financial year ended
December 31, 2015 together with the report of the Corporation’s auditors,
Collins Barrow, thereon dated May 18, 2016 be approved and adopted.
b.
THAT Collins Barrow, Chartered Accountants, be appointed auditors of the
Corporation to hold office until the next annual meeting of shareholders at
such remuneration as may be fixed by the sole director and the sole
director is authorized to fix such remuneration.
c.
THAT R.N. Shelton be appointed as the sole director of the Corporation to
hold office until the next annual meeting of shareholders or until his
successor is elected or appointed.
d.
THAT R.N. Shelton, so long as he is the sole director of the Corporation,
shall represent the Corporation at meetings of shareholders of NT Power;
e.
AND THAT all acts, contracts, bylaws, proceedings, appointments elections
and payments, enacted, made, done and taken by the sole director and sole
officer of the Corporation to December 31, 2015, as the same are set out or
referred to in the resolutions of the sole director, or in the financial
statements of the corporation, are approved, sanctioned and confirmed.
2.
AND THAT the Mayor, as the Sole Shareholder’s legal representative, direct
R.N. Shelton, the sole director and legal representative of the
Corporation, to sign the following NT Power shareholder resolutions in lieu
of an annual meeting:
a.
THAT the financial statements of NT Power for the financial year ended
December 31, 2015 together with the report of NT Power’s auditors, Collins
Barrow, thereon dated May 18, 2016 be approved and adopted.
b.
THAT Collins Barrow, Chartered Accountants, be appointed auditors of NT
Power to hold office until the next annual meeting of shareholders at such
remuneration as may be fixed by the directors and the directors are
authorized to fix such remuneration.
c.
THAT T. Van Bynen, S. Warnock, P. Daniels, R. Betts, A. Ott, C. Prattas and
P. Ferguson are elected directors of NT Power to hold office until the next
annual meeting of shareholders or until their successors are elected or
appointed.
d.
AND THAT all acts, contracts, bylaws, proceedings, appointments, elections
and payments, enacted, made, done and taken by the directors and officers
of NT Power to December 31, 2015, as the same are set out or referred to in
the resolutions of the board of directors, the minutes of the meetings of
the board of directors or in the financial statements of NT Power, are
approved, sanctioned and confirmed.
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Moved
by: Councillor Kerwin
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Seconded
by: Councillor Broome-Plumley
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THAT
the PowerPoint presentation by Mr. Roy Huetl, Director-Operations,
Maintenance and Monitoring - Environmental Services, The Regional
Municipality of York, the Director of Public Works Services and the Manager
of Water and Wastewater regarding Water Quality be received.
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Moved
by: Councillor Kerwin
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Seconded
by: Councillor Broome-Plumley
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THAT
the following items be adopted on consent:
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3.
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Development and
Infrastructure Services - Public Works Services Report 2016-27 dated June
6, 2016 regarding Sewer Lateral Clearing*.
a)
THAT Development and Infrastructure Services - Public Works Services Report
2016-27 dated June 6, 2016 regarding Sewer Lateral Clearing be received and
the following recommendations be adopted:
i)
THAT beginning January 1, 2017, the clearing of all sewer lateral blockages
on private properties fall under the responsibility of the owner/resident;
ii)
AND THAT owners/residents who experience a sewer backup and contact the
Town, are provided with a contact for a preselected local plumbing
contractor to clear the blockage;
iii)
AND THAT if the blockage is found and proven to be on municipal property by
the preselected local plumbing contractor, any costs incurred by the
resident for the investigation be fully reimbursed and where required Town
staff clear the blockage and conduct any remedial works.
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*See Item 24 – Reconsideration.
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11.
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Corporate Services Report -
Financial Services 2016-29 dated June 16, 2016 regarding the 2015 Financial
Statements and Auditors Report.
a)
THAT Corporate Services Report - Financial Services 2016-29 dated June 16,
2016 regarding the 2015 Financial Statements and Auditor's Report be
received and the following recommendations be adopted:
i)
THAT the Town of Newmarket's Draft 2015 Consolidated Financial Statements,
Trust Fund Financial Statements and Main Street District BIA Financial
Statements from BDO Canada LLP be received;
ii)
AND THAT Council approve the Town of Newmarket's Draft 2015 Consolidated
Financial Statements, Trust Fund Financial Statements and Main Street
District BIA Financial Statements as endorsed by the Audit Committee.
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Moved
by: Councillor Hempen
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Seconded
by: Councillor Bisanz
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THAT
the PowerPoint presentation by Mr. Adrian Cammaert, Senior Planner - Policy
and Mr. Kevin Yaraskavitch, Financial Analyst regarding the Parkland
Dedication By-law and Report be received.
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Moved
by: Councillor Kerwin
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Seconded
by: Councillor Vegh
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a)
THAT Development and Infrastructure Services/Planning and Building Services
Report 2016-21 dated May 25, 2016 regarding the Town of Newmarket's
Parkland Dedication By-law be received and the following recommendations be
adopted:
i)
THAT the draft Parkland Dedication By-law for the Town of Newmarket as
contained in Attachment 1 be received;
ii)
AND THAT staff be directed to post the draft by-law on the Town's website
for 30 days to receive public and stakeholder comments;
iii)
AND THAT staff report back to the August 29, 2016 Committee of the Whole
meeting with the final recommendation for a Parkland Dedication By-law for
Council's approval.
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Moved
by: Councillor Vegh
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Seconded
by: Councillor Broome-Plumley
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THAT
the meeting convene into Closed Session for the purpose of discussing
advice that is subject to solicitor/client privilege, including
communications necessary for that purpose as per Section 239 (2) (f) of the
Municipal Act, 2001.
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The
Committee of the Whole resolved into Closed Session at 3:08 p.m.
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The
Committee of the Whole (Closed Session) Minutes are recorded under separate
cover.
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The
Committee of the Whole resumed into Public Session at 3:51 p.m.
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The
Committee of the Whole recessed at 3:52 p.m.
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The
Committee of the Whole reconvened at 4:10 p.m.
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Moved
by: Deputy Mayor & Regional Councillor Taylor
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Seconded
by: Councillor Vegh
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a)
THAT the Report of the Integrity Commissioner dated June 20, 2016 regarding
Council Code of Conduct complaints be received.
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Moved
by: Deputy Mayor & Regional Councillor Taylor
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Seconded
by: Councillor Hempen
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a)
THAT Development and Infrastructure Services/Planning and Building Services
Report 2016-24 dated May 30, 2016 regarding Urban Design Review Options be
received and the following recommendations be adopted:
i)
THAT staff be directed to include in the 2017 budget a provision for
contracting an urban design firm to prepare urban design standards to
implement the policies of the Urban Centres Secondary Plan and the Official
Plan;
ii)
AND THAT these urban design standards be applied by the selected consultant
in review of development applications subject to established criteria;
iii)
AND THAT the cost of the engaged consultant be recouped through appropriate
fees being collected from applicants upon the Fees and Charges by-law being
amended to reflect the same;
iv)
AND THAT staff be directed to review a structure and the necessary
resources for a professional urban design review panel at such time as
development activity warrants it.
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An
alternate motion was presented and discussion ensued.
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Moved
by: Councillor Broome-Plumley
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Seconded
by: Deputy Mayor & Regional Councillor Taylor
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a)
THAT Development and Infrastructure Services Report - Engineering Services
2016-24 dated May 11, 2016 regarding Savage Road/Sandford Street Traffic
Review be received and the following recommendations be adopted:
i)
THAT bicycle lanes be proposed to the households on Sandford Street from
Mulock Drive to Savage Road with the possible extension along Savage Road
to the Paul Semple Park entrance, and a report be brought back to Council
on this issue;
ii)
AND THAT the households along Savage Road and Sandford Street from Mulock
Drive to Savage Road be informed of the traffic calming measures to be
implemented.
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Moved
by: Councillor Twinney
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Seconded
by: Councillor Hempen
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a)
THAT Development and Infrastructure Services Commissioner Report 2016-28
dated June 7, 2016 regarding Sewer and Water Line Warranty Program be
received and the following recommendations be adopted:
i)
THAT through this report Council is aware of Service Line Warranties of
Canada (SLWC) as a provider of insurance for water and sewer lateral
service line protection to the home, as an alternative for residents to
policy endorsements which may be available through their own homeowner
insurance policies;
ii)
AND THAT staff further explore means by which residents are advised of
insurance programs for water and sewer lateral services lines not covered
by the Town.
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An
alternate motion was presented and discussion ensued.
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Moved
by: Deputy Mayor & Regional Councillor Taylor
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Seconded
by: Councillor Twinney
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a)
THAT Joint Development and Infrastructure Services - Planning and Building
Services and Corporate Services Report - Financial Services 2016-24 dated
June 9, 2016 regarding a Request for Reduction of Development Charges - 415
Queen Street be received and the following recommendations be adopted:
i)
THAT the payment of Development Charges, or of any development-related
fees, not be waived;
ii)
AND THAT Council authorizes staff to negotiate with the proponent the
potential for a deferral/re-payment plan for all Town related fees for up
to a maximum of 10 years, including interest and secured to the
satisfaction of the Town’s Treasurer.
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An
alternate motion was presented and discussion ensued.
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Moved
by: Councillor Bisanz
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Seconded
by: Councillor Broome-Plumley
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a)
THAT Corporate Services Commission Report - Legislative Services 2016-13
dated June 8, 2016 regarding 'Housekeeping Amendments: Clothing Donation
Bin and Taxi By-law' be received and the following recommendations be
adopted:
i)
THAT Council adopt the recommended housekeeping amendments to the Clothing
Donation Bin By-law (2013-22), identified in red text and attached as
Appendix 'A'; to be amended to reflect that school board properties be
excluded from the institutional zones category as defined in the By-law; and
Taxi By-law (2013-28), identified in red text and attached as Appendix 'B';
ii)
AND THAT consolidated by-laws to regulate clothing donation bins and taxi
be brought forward to Council, as amended;
iii)
AND THAT applicable amendments to the Town's fees and charges by-law
regarding taxi licensing be brought forward to Council for the 2017 budget
year.
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Moved
by: Deputy Mayor & Regional Councillor Taylor
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Seconded
by: Councillor Hempen
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THAT
for the 2017 budget process Council set a tax levy increase target of no
more than 2.2% (Town portion) plus not greater than a 0.6% for the
infrastructure levy or an overall town increase of not greater than 2.8%.
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Carried
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23.
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Councillor Bisanz regarding alternative methods of Committee of the
Whole and Council meetings.
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Moved
by: Councillor Bisanz
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Seconded
by: Councillor Broome-Plumley
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THAT
staff be directed to explore various alternative methods of conducting
Committee of the Whole and Council meetings in order to respond to
community needs and ensure maximum public participation, by providing
greater access to Council's deliberations, and that a report be provided to
Council by the end of Q4.
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a)
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Councillor
Twinney requested that the motion she brought forward at the last Committee
of the Whole meeting with respect to driving school test vehicles using
residential streets be included in the Outstanding Matters List. The Town
Clerk advised that the item will be added to the Outstanding Matters List and
will advise Council on the status of the report progress by e-mail.
Councillor Kerwin also provided feedback related to the matter and advised
that the Ministry of Transportation conduct their driving tests on Sparrow
Road and area residents are concerned with the increase in traffic.
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b)
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Councillor
Kerwin expressed his appreciation to staff for the removal of siltation
fences on the Dave Kerwin Trail as well as the preservation and maintenance
of the trail marker carvings.
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c)
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Councillor
Kerwin requested that the short portion of the extension of the Tom Taylor
Trail to Yonge Street be paved.
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d)
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Councillor
Kerwin expressed concerns regarding the size of new homes being constructed
on existing lots and requested information from staff with respect to
feasibility of architectural controls. The Chief Administrative Officer
indicated that a previous report on the matter will be re-circulated to
Council by e-mail.
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e)
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Councillor
Kerwin advised that staff should be more proactive in explaining the
planning process, in particular to new Canadians.
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f)
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Deputy
Mayor & Regional Councillor Taylor suggested that options should be
explored with respect to standard plain language mail-outs, possibly in a
number of different languages and consideration be given to producing a
video that could be shown at public meetings providing an explanation of
the process.
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24.
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Mayor
Van Bynen requested reconsideration of Item 7 of the agenda being
Development and Infrastructure Services – Public Works Services Report
2016-27 dated June 6, 2016 regarding Sewer Lateral Clearing as
Recommendation iii) related to cost reimbursement requires more definite
clarification.
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Moved
by: Councillor Bisanz
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Seconded
by: Councillor Vegh
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THAT
Development and Infrastructure Services – Public Works Services Report
2016-27 dated June 6, 2016 regarding Sewer Lateral Clearing be
reconsidered.
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An
alternate motion was presented in place of clause iii).
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Moved
by: Councillor Twinney
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Seconded
by: Councillor Vegh
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a)
THAT Development and Infrastructure Services – Public Works Services Report
2016-27 dated June 6, 2016 regarding Sewer Lateral Clearing be received and
the following recommendations be adopted:
i)
THAT beginning January 1, 2017, the clearing of all sewer lateral blockages
on private properties fall under the responsibility of the owner/resident;
ii)
AND THAT owners/residents who experience a sewer backup and contact the
Town, are provided with a contact for a preselected local plumbing
contractor to clear the blockage;
iii)
AND THAT if the blockage is found and proven to be on municipal property by
the preselected local plumbing contract, the owner would not incur any
costs and, to be certain, that any costs that may have been incurred be
reimbursed to the homeowner and where required Town staff clear the
blockage and conduct any remedial works.
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Moved
by: Councillor Vegh
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Seconded
by: Councillor Broome-Plumley
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THAT
the meeting convene into Closed Session for the purpose of discussing personal
matters about identifiable individuals per Section 239 (2) (b) of the
Municipal Act, 2001.
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The
Committee of the Whole resolved into Closed Session at 5:42 p.m.
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The
Committee of the Whole (Closed Session) Minutes are recorded under separate
cover.
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The
Committee of the Whole resumed into Public Session at 6:09 p.m.
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An
alternate motion was presented and discussion ensued.
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Moved
by: Deputy Mayor & Regional Councillor Taylor
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Seconded
by: Councillor Bisanz
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THAT
the Excerpt from the Appointment Committee (Closed Session) Minutes of May
16, 2016 be referred to the June 27, 2016 (Closed Session) meeting of
Council.
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The
Committee of the Whole recessed at 6:09 p.m.
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The
Committee of the Whole reconvened at 7:00 p.m.
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The
Council/Committee Coordinator welcomed the public to the Committee of the
Whole meeting. She advised that the Planning Act requires the Town to hold
at least one Public Meeting on any proposed Official Plan Amendment or
Zoning By-law Amendment.
The
Council/Committee Coordinator advised that the purpose of the meeting was
to hear from anyone who has an interest in the Applications for Official
Plan Amendment and Zoning By-law Amendment related to the lands located on
the south side of Nicholson Road, municipally known as 1166-1186 Nicholson
Road to permit outdoor storage as a permitted use to a maximum of 30% of
the lot, provided the storage is screened in such a way as to not be
visible from the street.
She
further advised that the Committee of the Whole would not be making a
decision regarding the proposed amendments, but would refer all written and
verbal comments to Planning Staff to consider in a report that will be
brought forward to a future Committee of the Whole or Council meeting.
The
Council/Committee Coordinator advised that if anyone present wished to be
notified of subsequent meetings, or if making a presentation, to please
complete a form with your name and address and submit it to the Clerk’s
staff.
The
Council/Committee Coordinator noted that 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.
She
thanked everyone for their participation and interest in the meeting.
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The
Senior Planner – Policy provided an overview of the process associated with
the application.
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Mr. Jonathon Rodger, on behalf of Zelinka Priamo
Ltd./Hoopp Realty Inc. advised that the application was submitted to
expand the land uses to allow for accessory outdoor storage. He provided
background information about the uses for the lands and advised that the
proposed amendment involves a site specific amendment for accessory outdoor
storage limited to a maximum of 30% of the lot area.
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28.
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Ms. Brenda Cooper, 1150 Nicholson Road expressed
concerns related to the view from her vantage point should the re-zoning
occur.
The Senior Planner – Policy advised of the next
steps in the process with a further report to an upcoming Committee of the
Whole meeting.
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Moved
by: Councillor Twinney
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Seconded
by: Councillor Kerwin
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THAT
Development and Infrastructure Services Report - Planning and Building
Services 2016-22 dated May 30, 2016 and related Council Extract, Public
Meeting Notice, presentation by Mr. Jonathon Rodger, on behalf of Zelinka
Priamo Ltd./Hoopp Realty Inc., all deputations and correspondence from Ms.
Brenda Cooper, Secretary-Treasurer, Cooper Plating Inc. regarding an
Application for Official Plan Amendment and Zoning By-law Amendment - 1166
and 1186 Nicholson Road be received.
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Moved
by: Councillor Kerwin
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Seconded
by: Councillor Twinney
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THAT
the meeting adjourn.
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There
being no further business, the meeting adjourned at 7:21 p.m.
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