OPEN FORUM 6:45 P

 

There were no requests to address Council during the open forum session.

 

The meeting of the Council was held on Monday, December 2, 2013 in the Council Chambers, 395 Mulock Drive, Newmarket.

 

Members Present:

Mayor Van Bynen

 

Regional Councillor Taylor

 

Councillor  Di Muccio

 

Councillor Emanuel

 

Councillor Hempen

 

Councillor Kerwin

 

Councillor Sponga

 

Councillor Twinney

 

Councillor Vegh

 

Staff Present:

R. Shelton, Chief Administrative Officer

 

R. Prentice, Commissioner of Development and Infrastructure Services

 

I. McDougall, Commissioner of Community Services

 

A. Moore, Commissioner of Corporate Services

 

A. Brouwer, Director of Legislative Services/Town Clerk

 

M. Mayes, Director of Financial Services/Treasurer

 

J. Bondi, Council/Committee Coordinator

 

J. Patel, Project Support Business Analyst

 

The meeting was called to order at 7:00 p.m.

 

Mayor Van Bynen in the Chair.

 

Public Notices

 

None.

 

 

 

 

 

 

 

 

Additions & Corrections to the Agenda

 

Moved by:      Councillor Emanuel

 

Seconded by: Councillor Kerwin

 

 

THAT the order of the agenda be altered by including the following items for consideration:

 

Corrections

 

Reports of Committees and Staff

 

7.       Committee of the Whole Minutes of November 25, 2013.

 

·         An administrative correction has been made to the Regional Councillor’s attendance at the meeting during consideration of Item 2, recommendation 2.d) related to Newmarket-Tay Power Report of the President.  Regional Councillor Taylor did not participate in the discussion on this recommendation.

 

·         The vote related to Item 2, recommendation 2.d) was dealt with in closed session.

 

·         An administrative correction has been made to the recommendations contained within Item 18 regarding Development and Infrastructure Services Report – ES 2013-52 on page 10 regarding Queen Street/ Parkview Crescent (East Leg) – All Way Stop Review by removing the following recommendations:

 

“ii)   AND THAT a capital budget line item be implemented for traffic calming measures on all high risk streets within Town;

 

iii)   AND THAT staff look at a traffic mitigation plan within the first quarter of 2014 and investigate prioritizing capital road projects.”

 

23.     Notices of Motion

 

·         An administrative correction has been made to replace the words “across Newmarket” with the words “in Ward 5”.

 

 

 

 

 

 8.      Committee of the Whole (Closed Session) Minutes of November 25, 2013.

 

·         An administrative correction has been made to the Regional Councillor’s attendance at the meeting during consideration of the first item related to Newmarket-Tay Power Report of the President.  Regional Councillor Taylor was not in attendance for this item.

 

Carried

 

Declarations of Pecuniary Interest

 

Regional Councillor Taylor declared a conflict in Item 1 of the Committee of the Whole (Closed Session) Minutes of November 25, 2013 regarding Newmarket-Tay Power Distribution Ltd. Confidential Report of the President and with Item 2.2.c) of the Committee of the Whole Minutes of November 25, 2013 with respect to the Newmarket-Tay Power Distribution Ltd. Report of the President as his father is a director on the Board of Newmarket-Tay Power Distribution Ltd.   He advised he would not be taking part in the discussion or voting on these matters.

 

Presentations & Recognitions

 

None.

 

Deputations

 

None.

 

Approval of Minutes

 

1.

Council Minutes of November 12, 2013.

 

           Moved by:      Councillor Emanuel

 

           Seconded by: Councillor Twinney

 

 

           THAT the Council Minutes of November 12, 2013 be approved.

 

           Carried

 

 

 

 

 

 

 

 

2.

Special Council Minutes of November 25, 2013.

 

           Moved by:      Councillor Emanuel

 

           Seconded by: Councillor Sponga

 

 

           THAT the Special Council Minutes of November 25, 2013 be approved.

 

           Carried

 

Correspondence & Petitions

 

None.

 

Reports by Regional Representatives

 

3.

Regional Councillor Taylor advised that during the last meeting of York Regional Council, Mr. John Tory, Chair of the Greater Toronto Civic Action Alliance, spoke regarding sustained public transit infrastructure funding. He further advised that the GTA loses about $6 billion annually in loss of productivity due to congestion and there is a need for dedicated funding for greater amounts of transit in the Greater Toronto Area (GTA).

 

 

Regional Councillor Taylor also advised that York Region Council, in conjunction with the Town of Newmarket, is moving forward with a site-specific rental pilot project. In 2012, York Region, with a population of of 1.1 million people, increased by 25,000, however, the number of rental housing increased by only 33 units.  The proposed project is to add 180 rental units contained within a private rental building on Davis Drive in Newmarket.

 

 

Mayor Van Bynen reviewed the highlights of the proposed 2014 Region of York’s budget.  He advised that the operating budget is $891.9 million which represents a reduced tax levy of 1.54%.  The budget also provides for selected improvements to service levels, major investments in growth-related capital, savings for future capital asset replacement, and strategy to reduce future debt levels.

 

 

 

 

 

 

 

 

 

 

 

            Reports of Committees and Staff

 

4.

Council Workshop Notes of November 12, 2013.

 

Corrections were made to Council Workshop Notes of November 12, 2013 to  indicate that Councillor Emanuel was absent and that Council Kerwin was present.

 

           Moved by:      Councillor Twinney

 

           Seconded by: Councillor Kerwin

 

         

           THAT the Council Workshop Notes of November 12, 2013, as corrected, be received.

 

           Carried

 

5.

Council Workshop Notes of November 18, 2013.

 

           Moved by:      Councillor Kerwin

 

           Seconded by: Councillor Twinney

 

 

           THAT Council Workshop Notes of November 18, 2013 be received.

 

           Carried

 

6.

Special Committee of the Whole Minutes of November 18, 2013.

 

Moved by:      Councillor Sponga

 

Seconded by: Councillor Emanuel

 

 

THAT the Special Committee of the Whole Minutes of November 18, 2013 be approved and the following recommendations be adopted:

 

7.         Joint CAO/Corporate Services and Development and Infrastructure Services Report 2013-05 dated November 14, 2013 regarding the Capital Financing Sustainability Strategy - Part 2 - Draft for Discussion.

 

a)    THAT Joint CAO/Corporate Services and Development and Infrastructure Services Report 2013-05 dated November 14, 2013 regarding the Capital Financing Sustainability Strategy - Part 2 Report - Draft for Discussion be received and the following recommendation be adopted:

 

 

 

i) THAT the PowerPoint presentation and the Capital Financing Sustainability Strategy - Part 2 Report - Draft for Discussion as presented by Hemson Consulting Ltd. be received.

                        

Carried

 

8.

Special Committee of the Whole (Closed Session) Minutes of November 18, 2013.

 

           Moved by:      Councillor Emanuel

 

           Seconded by: Regional Councillor Taylor

 

 

           THAT the Special Committee of the Whole (Closed Session) Minutes of  November 18, 2013 be approved.

 

           Carried

 

The Mayor advised that with respect to Item 1 of the Special Committee of the Whole (Closed Session) Minutes of November 18, 2013 regarding Marianneville Developments Ltd. (Glenway) (Ward 7) (Litigation including matters before administrative tribunals – OMB Hearing) that Ms. Ruth Victor, Ruth Victor and Associates and Ms. Mary Bull, Wood Bull, LLP, addressed the Committee with a verbal status update regarding items contained within the two separate confidential memorandums dated November 15, 2013 related to the Marianneville Developments Ltd. (Glenway) application.  The memorandums were received for information purposes.

 

The Mayor also advised that with respect to Item 2 of the Special Committee of the Whole (Closed Session) Minutes of November 18, 2013 regarding Joint CAO and Development and Infrastructure Services Report – Planning 2013-56 dated November 11, 2013 regarding a Strategic Property Acquisition was deferred to a future Committee of the Whole (Closed Session) meeting.

 

9.

Committee of the Whole Minutes of November 25, 2013.

 

Moved by:      Councillor Sponga

 

Seconded by: Councillor Di Muccio

 

 

THAT the Committee of the Whole Minutes of November 25, 2013, with the exception of items 2.2.c), 17, 18, 19, 25.b) and 27-55, be approved, and the following recommendations be adopted: 

(Note:  Items 27 – 55 were ratified at the Special Council meeting of November 25, 2013)

 

 

 

10.       Presentation – Mr. Daniele Zanotti, CEO, United Way of York Region regarding the 2013 campaign, highlights of United Way activities and celebration of a strong partnership with the Town of Newmarket.

a)     THAT the presentation by Mr. Daniele Zanotti, CEO, United Way of York Region regarding the 2013 campaign, highlights of United Way activities and celebration of a strong partnership with the Town of Newmarket be received.

11.       Presentation – Mr. Paul Ferguson, President - Newmarket Hydro Holdings Inc. regarding the 2012 Annual General Meeting.

THAT the PowerPoint presentation by Mr. Paul Ferguson, President – Newmarket Hydro Holdings Inc. regarding the 2012 Annual General Meeting be received;

 

AND THAT the Report of the President dated November 5, 2013 regarding the financial statements of Newmarket Hydro Holdings Inc. be received and the following  recommendations  with the exception 2.d) be adopted:

 

THAT the Newmarket Hydro Holdings Inc. Report of the President dated November 5, 2013 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, 2012 together with the report of the Corporation’s auditors, Collins Barrow, thereon dated April 24, 2013 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, 2012, 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, 2012 together with the report of NT Power’s auditors, Collins Barrow, thereon dated April 24, 2013 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.

 

 

e) 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, 2012, 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.

 

12.      Deputation – Mr. Malcolm Watts, on behalf of the Heritage Newmarket Advisory Committee regarding preliminary comments submission from Heritage Newmarket related to Development and Infrastructure Services Report – Planning and Building Services 2013-55 dated November 14, 2013 regarding Application for Zoning By-law Amendment – Main Street Clock Inc.

 

a) THAT the deputation by Mr. Malcolm Watts regarding preliminary comments     submission from Heritage Newmarket related to Development and Infrastructure Services Report – Planning and Building Services 2013-55 dated November 14, 2013 regarding Application for Zoning By-law Amendment – Main Street Clock Inc.  be received.

13.      Correspondence from Radha Bhardwaj, Executive Director, AIDS Committee of York Region requesting proclamation of December 1, 2013 as "World AIDS Day" in the Town of Newmarket.

a) THAT the correspondence dated October 23, 2013 from Radha Bhardwaj, Executive Director, AIDS Committee of York Region be received and the following recommendations be adopted:

 

i) THAT the Town of Newmarket proclaim December 1, 2013 as "World AIDS Day";

 

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

14.       Heritage Newmarket Advisory Committee Minutes of October 1, 2013.

a) THAT the Heritage Newmarket Advisory Committee Minutes of October 1, 2013 be received.

15.       Newmarket Economic Development Advisory Committee Minutes of October 17, 2013.

a) THAT the Newmarket Economic Development Advisory Committee Minutes of October 17, 2013 be received.

 

 

 

16.      Item 1 of the Newmarket Economic Development Advisory Committee Minutes of October 17, 2013 regarding Intelligent Community Broadband Strategy.

a) THAT the following recommendations be referred to staff for further review and to report back, as appropriate.

b) THAT the Town of Newmarket consider a number of options to at least begin the process to build a high speed connection service within Newmarket along with business plans and implementation cases;

 

c) AND THAT with the assistance of the Shared Digital Infrastructure organization that the Regional Municipality of York be requested to supply information on what the Town of Newmarket can expect in terms of support in moving forward with high speed connectivity services.

17.       Newmarket Public Library Board Minutes of September 18, 2013.

a) THAT the Newmarket Public Library Board Minutes of September 18, 2013 be received.

 

18.       Central York Fire Services - Joint Council Committee Minutes of October 1, 2013 and September 3, 2013 (including Closed Session Minutes).

a)  THAT Central York Fire Services - Joint Council Committee Minutes of October 1, 2013 and September 3, 2013 be received;

 

b)   AND THAT Central York Fire Services Joint Council Committee (Closed  Session) Minutes of September 3, 2013 be received.

 

19.      Development and Infrastructure Services Report - Engineering Services 2013-51 dated November 1, 2013 regarding Request for Final Acceptance and Assumption - Oxford Homes Residential Subdivision, Phase 1A.

a) THAT Development and Infrastructure Services Report - Engineering Services 2013-51 dated November 1, 2013 regarding Request for Final Acceptance and Assumption - Oxford Homes Residential Subdivision, Phase 1A be received and the following recommendations be adopted:

 

i) THAT the request for final acceptance and assumption of the Oxford Homes Residential Subdivision - Phase 1A as shown on the attached map be finally accepted and assumed by the Town;

 

ii) AND THAT the securities be released as recommended by our Checking Consultant;

 

 

iii) AND THAT Ms. Angela Meyer of Oxford Homes (711371 Ontario Corp.) and Mr. Angelo A. Maurizio, P. Eng., of Schaeffer & Associates Ltd. be notified of these recommendations.

 

20.      Development and Infrastructure Services Report - Engineering Services 2013-53 dated October 25, 2013 regarding GO Railway Pedestrian Crossing Anti-Whistling, Mile 34.89.

a) THAT Development and Infrastructure Services Report - Engineering Services 2013-53 dated October 25, 2013 regarding GO Railway Pedestrian Crossing Anti-Whistling, Mile 34.89 be received and the following recommendation be adopted:

 

i) THAT the Town not proceed with a whistle ban proposal at the GO pedestrian crossing (mile 34.89) located at Deviation Road.

 

21.       Development and Infrastructure Services Report - Engineering Services 2013-54 dated October 28, 2013 regarding the Traffic By-law (By-law 2011-24) - Housekeeping Amendments.

 

a)  THAT Development and Infrastructure Services Report – ES2013-54 dated October 28, 2013 regarding Traffic By-law (By-law 2011-24) be received and the following recommendations be adopted:

 

i)   THAT the definition of Personal Mobility Device be deleted, and the new definition be added;

 

“Personal mobility device is a compact motorized transportation device used to allow greater freedom of movement. Personal mobility devices include forms like motorized wheel chairs, motorized mobility scooters, and Segways.”

 

ii)   AND THAT the errors noted in Appendix A of this report be amended with the recommended wording;

 

iii)   AND THAT Gorham Street at Harry Walker Parkway, 1 way eastbound on  Gorham Street in Schedule III (Stops Signs) be deleted, and that Harry Walker Parkway at Gorham Street be added to Schedule VIII (Signaled Intersections);

 

iv)  AND THAT Schedule IX be amended by removing ‘Lockwood Circle – North East’ and removing ‘Stonehaven Avenue & Kingsmere Avenue – South East’, and adding ‘Stonehaven Avenue & Kingsmere Avenue/Lockwood Circle – North East’;

 v)  AND THAT the additional stop sign location in Appendix B be added to  Schedule III (Stop Signs);

 

vi)  AND THAT the necessary By-laws be prepared and submitted to Council for their approval.

 

22.       Development and Infrastructure Services Report - Engineering Services 2013-55 dated October 29, 2013 regarding School Crossing Locations Request - Maple Leaf Public School.

 

a) THAT Development and Infrastructure Services Report - Engineering Services 2013-55 dated October 29, 2013 regarding School Crossing Locations Request - Maple Leaf Public School be received and the following recommendation be adopted:

 

i) THAT the Maple Leaf Public School administration be forwarded a copy of this report and Council extract and be encouraged to pursue school bus options with the parents on the east side of Main Street North.

 

23.       Development and Infrastructure Services Report - Engineering Services 2013-56 dated November 7, 2013 regarding a Request for Final Acceptance and Assumption of Aboveground Works - Landmark Estates Residential Subdivision, Phase 1 -Clearmeadow Boulevard between Yonge Street and Jordanray Boulevard/Rannie Road.

 

a) THAT Development and Infrastructure Services Report - Engineering Services 2013-56 dated November 7, 2013 regarding a Request for Final Acceptance and Assumption of Aboveground Works - Landmark Estates Residential Subdivision, Phase 1, Clearmeadow Boulevard between Yonge Street and Jordanray Boulevard/Rannie Road be received and the following recommendations be adopted:

 

i) THAT the request for final acceptance and assumption of above ground works on Clearmeadow Boulevard between Yonge Street and Jordanray Boulevard/Rannie Road within the Landmark Estates Residential Subdivision - Phase 1 as shown on the attached map be finally accepted and assumed by the Town;

 

ii) AND THAT Mr. Tony Orsi of Landmark Estates (1209104 Ontario Ltd.) and Mr. Andrew Ip, P.Eng., of Masongsong Associates Engineering Ltd. be notified of these recommendations.

 

 

 

24.       Development and Infrastructure Services Report - Planning and Building Services 2013-58 dated November 14, 2013 regarding Heritage Designation - 27 Main Street North.

 

a) THAT Development and Infrastructure Services Report - Planning and Building Services 2013-58 dated November 14, 2013 regarding Heritage Designation - 27 Main Street North be received and the following recommendations be adopted:

 

i)  THAT Council not proceed with the Heritage designation of the Murray House at 27 Main Street North;

 

ii)  AND THAT Council withdraw the notice of intention to designate the property known as the Murray House at 27 Main Street North;

 

iii)  AND THAT Bonseph (Tannery) Ltd., and 2213305 Ontario Inc., c/o Sterling Silver Development Corporation, Attention: Ken Kirsch, 53 The Links Road, Toronto, ON M2P 1T7 be advised of this decision;

 

iv) AND THAT Mr. Brian Feherty and Associates Ltd., 411 Queen Street,    Newmarket, ON L3Y 2G9 be advised of this decision.

 

25.       List of Outstanding Matters.

 

a) THAT the list of Outstanding Matters be received.

 

26.       Development and Infrastructure Services Report - Planning and Building Services 2013-59 dated November 14, 2013 regarding Application for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Condominium and Draft Plan of Subdivision - 292145 Ontario Limited. 

 

a) THAT Development and Infrastructure Services Report - Planning and Building Services 2013-59 dated November 14, 2013 regarding Application for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Condominium and Draft Plan of Subdivision - 292145 Ontario Limited be received and the following recommendations be adopted:

 

i)      THAT the Application for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Condominium and Draft Plan of Subdivision, as submitted by 292145 Ontario Limited for lands being composed of Part of Lot 89, Concession 1, E.Y.S. be referred to a public meeting;

 

 

 

ii)     AND THAT following the public meeting, issues identified in this report, together with comments of the public, Committee and those received through the agency and departmental circulation of the application, be addressed by staff in a comprehensive report to the Committee of the Whole, if required;

 

iii)   AND THAT Mr. Gary Templeton, Templeton Planning Ltd., 71 Tyler Street, Aurora, ON L4G 2N1 be notified of this action;

 

iv)   AND THAT Development and Infrastructure Services Report – Planning and  Building Services 2013-59 dated November 14, 2013 regarding Application for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Condominium and Draft Plan of Subdivision - 292145 Ontario Limited be forwarded to the Newmarket Environmental Advisory Committee. 

 

27.       Joint CAO/Corporate Services Report - Financial Services 2013-50 dated November 11, 2013 regarding the 2013 Audit.

           

a) THAT Joint CAO/Corporate Services Report - Financial Services 2013-50 dated November 11, 2013 regarding the 2013 Audit be received and the following recommendations be adopted:

 

i) THAT BDO Canada be appointed as the Town's auditors for 2013;

 

ii) AND THAT the audit plan presented by BDO be received.

 

28.       Councillor Kerwin provided notice that he would be bringing forward a motion to the next scheduled Committee of the Whole meeting to appeal to the Provincial Government by way of a resolution to reinstate the eliminated Junior Ranger program.

 

29.       Councillor Sponga provided notice that he would be bringing forward a motion to the next scheduled Committee of the Whole meeting that staff provide an update on the present road projects in Ward 5. 

 

30.      Regional Councillor Taylor motion with respect to changes in the Town’s procurement process:

 

a)  THAT staff bring back a report to Committee of the Whole within 120 days exploring a change to our procurement process to include recognition/points in our tendering process recognizing the environmental benefit of the bidders’ proximity to Newmarket.  The report should include any examples in Canada of municipalities currently engaged in recognizing the benefit of local procurement as well as an analysis of all relevant issues;

b)  AND THAT information be provided to all Members of Council on an overall point system on various factors in regards to procurement;

 

c)  AND THAT the memorandum dated January 2012 be referred back to staff to incorporate into the report back exploring a change to the procurement process;

 

d) AND THAT the report be circulated to the Chamber of Commerce, the Economic Development Advisory Committee and the Environmental Advisory Committee for input.  

 

31.       New Business Items

 

a)     Councillor Sponga requested an update from the Director of Engineering Services with respect to the progress of capital construction road projects; specifically Andrew Street, Catherine Crescent, Lloyd Avenue, Robinson Drive and Curry Crescent rehabilitation.

 

b)     Councillor Di Muccio requested a status update with respect to the waste and recycling service and the recent lack of pick-up on various streets in her Ward.  The Commissioner of Development and Infrastructure Services advised that Operations staff are investigating the recent service issues.

 

32.       Development and Infrastructure Services Commissioner Report 2013-61 dated November 25, 2013 regarding Recommendations of Development and Infrastructure Services – Planning and Building Services Report 2013-47 with respect to Marianneville Developments Limited (Glenway). 

 

a)    THAT Development and Infrastructure Services Commissioner Report 2013-61 dated November 25, 2013 regarding Recommendations of Development and Infrastructure Services – Planning and Building Services Report 2013-47 with respect to Marianneville Developments Limited (Glenway) be received and the following recommendations be adopted: 

 

i) THAT recommendation Number 3 of Development and Infrastructure Services/Planning and Building Services Report 2013-47 be replaced with the following recommendation:

 

“THAT the revised settlement offer prepared by Ira Kagan dated November 20, 2013 be referred to staff for a comprehensive review and report back to a closed session Committee of the Whole”.

 

Carried

 

33.   Development and Infrastructure Services Report - Engineering Services 2013-50 dated October 17, 2013 regarding Foxtail Ridge - Parking Review.

 

Moved by:      Councillor Di Muccio

 

Seconded by: Councillor Emanuel

 

 

a)    THAT Development and Infrastructure Services Report – Engineering Services 2013-50 dated October 17, 2013 regarding Foxtail Ridge – Parking Review be received and the following recommendations be adopted:

 

i)  THAT the parking restrictions remain as existing;

 

ii) AND THAT staff undertake a new parking review of the street known as Foxtail Ridge in the spring of 2014.

 

           Carried

 

34.   Development and Infrastructure Services Report - Engineering Services 2013-52 dated November 13, 2013 regarding Queen Street/Parkview Crescent (East Leg) - All Way Stop Review.

 

Moved by:      Councillor Sponga

 

Seconded by: Regional Councillor Taylor

 

 

a)    THAT Development and Infrastructure Services Report - Engineering Services 2013-52 dated November 13, 2013 regarding Queen Street/Parkview Crescent (East Leg) - All Way Stop Review be received and the following recommendations, as amended, be adopted:

 

i) THAT the existing stop control at the Queen Street and Parkview Crescent (east leg) remain as existing due to not meeting the warrants outlined in the Transportation Management Policy as approved by Town Council, and also due to safety concerns noted in Community Services Report - ES 2013-52, based on the Ministry of Transportation requirements;

 

ii) AND THAT a further report be brought back on the items for consideration within the capital budget for 2014 or 2015 listed on Page 4 of Development and Infrastructure Services Report ES2013-52 dated November 13, 2013 under the heading “Other Methods”.

 

           Carried

 

 

 

35.    Development and Infrastructure Services Report - Planning and Building Services 2013-55 dated November 14, 2013 regarding Application for Zoning By-law Amendment - Main Street Clock Inc.

 

Moved by:      Councillor Sponga

 

Seconded by: Regional Councillor Taylor

 

 

An amendment was made by removing recommendation a) vii) of item 19 of the Committee of the Whole Minutes of November 25, 2013.

 

a) THAT Development and Infrastructure Services Report - Planning and Building Services 2013-55 dated November 14, 2013 regarding Application for Zoning By-law Amendment - Main Street Clock Inc. be received and the following recommendations, as amended, be adopted:

 

i)   THAT the Application for Zoning By-law Amendment, as submitted by Main Street Clock Inc., for lands being located at the southwest corner of Main Street South and Park Avenue, municipally known as 178, 180, 184, 188, 190 and 194 Main Street be referred to a public meeting;

 

ii)  AND THAT following the public meeting, issues identified in this report, together with comments from the public, Committee, and those received through the agency and departmental circulation of the application be addressed by staff in a comprehensive report to the Committee of the Whole, if required;

 

iii)  AND THAT Mr. Chris Bobyk, The Forrest Group, 590 Alden Road, Suite 211, Markham, ON LR 8N2 be notified of this action;

 

iv)  AND THAT the Memorandum from Director of Planning dated November 22, 2013 regarding Development and Infrastructure/Planning and Building Services Report 2013-55, Application for Zoning By-law Amendment 178, 180, 184, 188, 190 and 194 Main Street listed as an (ADDED) item on the agenda (Item 25) regarding the Main Street Clock application be received;

 

v)   AND THAT the Sub-Committee Report listed as an (ADDED -2) item on the agenda (Item 26) from the Heritage Newmarket Advisory Committee regarding Clock Tower Development Re-zoning Request be received;

 

vi) AND THAT with respect to the heritage designation on Main Street, that a peer review of the application be conducted.

 

           Carried

 

36.      New Business Item 25.b) of the Committee of the Whole Minutes of November 25,   2013 with respect to waste and recycling pickup in ward 6.

 

Councillor Di Muccio provided clarification with respect to this Item.  She advised she often receives e-mail from residents with respect to waste and recycling services.  Residents can contact her if their waste or recycling has not been picked up.  The Commissioner of Development and Infrastructure Services advised that if residents contact the Town`s Customer Service Centre during business hours they can be put through to our contractor.  The number to call will also be posted on the Town`s website.

 

           Moved by:      Councillor Di Muccio

 

           Seconded by: Councillor Sponga

 

 

a) THAT New Business Item 25.b) of the Committee of the Whole Minutes of November 25, 2013 with respect to waste and recycling pickup in Ward 6 be approved.

 

           Carried

 

37.    Item 2.2.c) of the Committee of the Whole Minutes of November 25, 2013 with respect to Newmarket Hydro Holding in 2012 Annual General Meeting.

 

           Moved by:      Councillor Kerwin

 

           Seconded by: Councillor Vegh

 

 

a)     THAT T. Van Bynen, S. Warnock, P. Daniels, R. Betts, A. Ott, T. Taylor 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.

 

           Carried

 

Regional Councillor Taylor took no part in the discussion or voting of the foregoing matter.

 

38.

Committee of the Whole (Closed Session) Minutes of November 25, 2013.

 

           Moved by:      Councillor Emanuel

 

           Seconded by: Councillor Sponga

 

 

           THAT Committee of the Whole (Closed Session) Minutes of November 25, 2013 be  approved.

 

           Carried

 

 

 

39.

Item 1 of the Committee of the Whole (Closed Session) Minutes of November 25, 2013, regarding Newmarket-Tay Power Distribution Ltd. Confidential Report of the President – Director Search.

(Personal matters about an identifiable individual, including municipal employees or local board employees)

 

           Moved by:      Councillor Twinney

           Seconded by: Councillor Kerwin

 

a)    THAT Council endorse the recommendation of the Newmarket-Tay Power Distribution Ltd. Confidential Report of the President dated November 1, 2013 regarding Director Search;

 

b) AND THAT Cristine Prattas be appointed to fill the director vacancy commencing December 2014 for a three year period.

          

           Carried

 

 

40.

Item 2 of the Committee of the Whole (Closed Session) Minutes of November 25, 2013, regarding Marianneville Developments Ltd. (Glenway) (Ward 7)

(Litigation including matters before administrative tribunals – Ward 7 – OMB Hearing)

 

The Mayor advised that the Director of Legal Services/Municipal Solicitor provided legal advice with respect to the Town’s position regarding the Marianneville Developments Ltd. (Glenway) application.

 

           Moved by:      Councillor Emanuel

           Seconded by: Councillor Sponga

 

a) THAT the direction provided to staff at the November 25, 2013 Committee of the Whole (Closed Session) meeting regarding the Marianneville Developments Ltd. (Glenway) application be approved.

 

           Carried

 

 

 

 

 

 

 

 

 

41.

Corporate Services Report - Financial Services 2013-49 dated October 30, 2013 regarding Approval of the 2014 Operating and Capital Budgets.

 

           Moved by:      Regional Councillor Taylor

 

           Seconded by: Councillor Sponga

 

 

THAT Corporate Services Report - Financial Services 2013-49 dated October 30, 2013 regarding Approval of the 2014 Operating and Capital Budgets, be received and the following recommendations, as amended, be adopted:

a)    THAT the proposed 2014 Operating Budget with expenditures of $106,327,009 be approved, which is comprised of the following components:

i) $56,975,206 for the Town portion, which includes an additional $208,000 for asset replacement funding;

                ii) $30,000 for the Newmarket Downtown Business Development Area (BIA);

               iii) $3,668,618 for the Library portion;

               iv)$14,560,013 for Central York Fire Services (Newmarket share) which     includes an additional $150,125 (Newmarket share) for asset replacement funding;
v)$31,093,172 for the Water and Wastewater Rate Groups;

b)    AND THAT the proposed 2014 Capital Budget with expenditures of    $23,730,863 be approved;

 

c)    AND THAT the proposed 2014 Operating and Capital Budgets be forwarded to the Council meeting of December 2, 2013 for final approval.

 

In Favour:

Mayor Van Bynen, Regional Councillor Taylor, Councillor Emanuel, Councillor Hempen, Councillor Kerwin, Councillor Sponga, Councillor Twinney, Councillor Vegh

Opposed:

Councillor Di Muccio

(8 in favour, 1 opposed)

 

Carried

 

 

 

 

 

 

 

 

 

 

By-laws

 

42.

By-Law 2013-64

 

Moved by:      Councillor Sponga

 

Seconded by: Councillor Kerwin

 

 

THAT By-law 2013-64 be enacted.

 

2013-64

A  By-law to Amend By-law 2011-24, as amended, being a By-law to Regulate Traffic within the Town of Newmarket. (Housekeeping Amendments)

 

Carried

 

Notices of Motion

 

None.

 

Announcements & Community Events

 

43. a)  Councillor Emanuel advised that volunteers are needed for Tim Hortons First Night from 2-9:30 p.m. on New Year’s Eve, December 31, 2013 at the Magna Centre, 800 Mulock Drive. To volunteer, please register online at www.newmarket.ca – under the ‘Lifestyle’ tab select ‘Register to Volunteer’.

 

b)  Councillor Di Muccio invited seniors 55 years and over to attend the following upcoming events at the Town of Newmarket’s Seniors’ Meeting Place located at 474 Davis Drive:

 

·     Happy Valley “Old Tyme” Square & Couples Dance on December 6, 2013 from 8-11 p.m. Admission is $6.

·     The Annual Seniors’ Turkey Luncheon with all the trimmings on December 10, 2013 from noon to 3 p.m.  Tickets are $15 per person.

  For more information call 905-953-5325.

 

c)  Councillor Sponga updated residents on the status of road rehabilitation on several roads in Ward 5 namely: Lloyd Avenue/Robinson Drive/Currey Crescent; Andrew Street, Edward Street, Victoria Street and Kathryn Crescent.  Construction is underway and basecoats to be applied in December with completion of contracts to take place in the new year.

 

 

d)  Councillor Sponga invited Newmarket residents, the arts community and all other stakeholders to participate in a forum on the potential for public art in Newmarket and to give feedback on the Town’s Public Art Plan. The forum takes place at Newmarket High School, 505 Pickering Crescent, on December 4, 2013 from 7-9 p.m. The draft Public Art Plan Executive Summary can be viewed at www.newmarket.ca. Further comments on the draft plan and the Public Art Program can be e-mailed to Colin Service, Director of Recreation & Culture at cservice@newmarket.ca or delivered to the Recreation & Culture Department at 395 Mulock Drive by December 18, 2013.

 

e)    Councillor Hempen advised that volunteers are needed to perform in the 2013 Live Nativity Pageant at Fairy Lake Park at Water Street on December 21 to 24, 2013 from 6-8:30 p.m.  This event is presented by the Church of Jesus Christ of Latter-Day Saints and the Town of Newmarket.  To volunteer, register online at www.newmarket.ca – under the ‘Lifestyle’ tab select ‘Register to Volunteer’.

 

f)     Regional Councillor Taylor advised that Newmarket residents and groups pursuing the arts are invited to apply for a grant through the Newmarket Celebrates the Arts Grant Program. Grant categories include Youth (ages 17 and under), Post-Secondary Education (ages 18 to 25) and Projects/Events. The application deadline is 4 p.m. on February 21, 2014. For more information, visit www.newmarket.ca or e-mail artsgrants@newmarket.ca.”

 

g)    Regional Councillor Taylor recognized Ms. Amanda Dexter and Ms. Megan Sydorenko from Newmarket High School who raised money from a bake sale for the Newmarket Children’s Dream Foundation.

 

h)    Councillor Twinney congratulated the Huron Heights Warriors' Football Team on their second consecutive win at the annual OFSAA bowl game. The Huron Heights Warriors are ranked #3 out of all the National High Schools across Canada! Come and enjoy the parade on December 3, 2013 at 1:30 p.m. The parade route begins at Fairy Lake heading north on Main Street, east on Queen north on Roxborough Road, and culminating at Huron Heights Secondary School. Come out and help celebrate! Non-perishable food items are being accepted along the parade route in support of the Newmarket Food Pantry.

 

i)      Councillor Kerwin invited the public to join us for “Winter Wonderland” a spectacular light display at Newmarket Riverwalk Commons, 200 Doug Duncan Drive on December 5 through to December 31, 2013 from 6-9 p.m. Enjoy an evening skate or a train ride on the Tim Hortons Express (owned and operated by the Town of Newmarket). The train will operate December 5-23, December 27-30 and January 2-5 weather permitting. Admission is free.

j)      Councillor Kerwin advised that on December 5, 2013 the ice lounge opens at the Newmarket Riverwalk Commons at 6 p.m.

 

k)    Councillor Kerwin advised thanked the Engineering Services staff for providing letters to residents of Sparrow Road/Thornwillow Court/Peterwood Court with respect to the status of the construction on these roads.

 

l)      Councillor Vegh invited Ward 1 residents to attend a drop-in meeting December 3, 2013 from 7-9 p.m. at the Magna Centre Board Room 1, 800 Mulock Drive. Join him and find out what’s happening in Town and in your Ward. You can reach Councillor Vegh at 905-895-7095 for more information.

 

m)    Councillor Vegh advised that he has been working with residents, a planner and the Region of York to get traffic lights installed at the intersection of Willowick and Mulock Drive to enable a safer left turn from Willowick onto Mulock.

 

n)    Mayor Van Bynen advised that the Salvation Army needs volunteers for their Christmas Kettle and Toy Drive.  Kettles are located throughout our community until December 24, 2013.  Help to make a family’s Christmas a little brighter. Please contact the Salvation Army at 905-895-6276.

 

o)    Mayor Van Bynen advised that Community Blood Services is holding a blood donor clinic at the Community Centre, 200 Doug Duncan Drive on December 20, 2013 and encouraged the public to donate.

 

p)    Mayor Van Bynen also advised that the next Council meeting is Monday, December 16, 2013 at 7 p.m.

 

New Business

 

44.a)   Councillor Di Muccio inquired about items coming forward to the next Committee  of the Whole meeting scheduled for December 9, 2013. The Director of Legislative Services/Town Clerk indicated that the meeting was required to deal with time sensitive matters.

 

b)    Councillor Di Muccio also inquired with respect to the public notification process for Site Plan Review Committee meetings. The Commissioner of Development and Infrastructure Services responded and also advised that Minutes of Site Plan Review Committee meetings do come forward to Council.

 

Closed Session (if required)

 

None.

Confirmatory By-law

 

45.

By-law 2013-65.

 

Moved by:      Councillor Sponga

 

Seconded by: Councillor Emanuel

 

 

THAT By-law 2013-65 be enacted.

 

2013-65         A By-law to Confirm the Proceedings of Council at its Meeting held on December 2, 2013.

 

Carried

 

Adjournment

 

Moved by:      Councillor Sponga

 

Seconded by: Councillor Emanuel

 

 

THAT the meeting adjourn.

 

Carried

 

There being no further business, the meeting adjourned at 8:31 p.m.

 

 

 

Tony Van Bynen, Mayor

 

Andrew Brouwer, Town Clerk