The meeting of the Committee of the Whole was held on Monday, February 3, 2014 in Council Chambers, 395 Mulock Drive, Newmarket.

Members Present:

Mayor Van Bynen (5:00 to 6:01 p.m.; 7:00 to 10:12 p.m.)

Regional Councillor Taylor

Councillor Di Muccio (1:30 to 4:51 p.m.; 7:00 to 10:12 p.m.)

Councillor Emanuel

Councillor Hempen

Councillor Kerwin

Councillor Sponga

Councillor Twinney

Councillor Vegh

Staff Present:

R.N. Shelton, Chief Administrative Officer

R. Prentice, Commissioner of Development & Infrastructure Services

A. Moore, Commissioner of Corporate Services

I. McDougall, Commissioner of Community Services

E. Armchuk, Director of Legal Services

R. Nethery, Director of Planning and Building Services

D. Ruggle, Senior Planner – Community Planning

L. Lyons, Deputy Clerk

A. Brouwer, Director of Legislative Services/Town Clerk

L. Moor, Council/Committee Coordinator

S. Niezen, Records and Projects Coordinator

C. Finnerty, Council/Committee Coordinator

J. Patel, Project Support Business Analyst

Declarations of Pecuniary Interest

Presentations & Recognitions

Deputations

1.

Mr. Steve Hinder, Chair - Run/Walk Committee - Southlake Regional Health Centre Foundation addressed the Committee with a PowerPoint presentation to launch the Municipal Challenge in support of the Run/Walk for Southlake event.

Moved by:      Councillor Emanuel

Seconded by: Councillor Sponga

THAT the PowerPoint presentation by Mr. Steve Hinder, Chair - Run/Walk Committee - Southlake Regional Health Centre Foundation regarding launch of the Municipal Challenge in support of the event be received.

Carried

2.

Mr. Gary Worters addressed the Committee regarding Council attendance records and paid vacation days.  He distributed a package of documents to Members of Council and the Town Clerk.

Moved by:      Councillor Vegh

Seconded by: Councillor Twinney

THAT the deputation by Mr. Gary Worters regarding Council attendance records and paid vacation days be received.

Carried

Consent Items

Moved by:      Councillor Emanuel

Seconded by: Councillor Sponga

THAT the following items be adopted on consent:

4.

Correspondence dated January 3, 2014 from Beverly Verwey, Branch Council Chair, Canadian Red Cross requesting proclamation of March, 2014 as "Red Cross Month" in the Town of Newmarket.

a) THAT the correspondence dated January 3, 2014 from Beverly Verwey, Branch Council Chair, Canadian Red Cross be received and the following recommendations be adopted:

b) THAT the Town of Newmarket proclaim March, 2014 as "Red Cross Month";

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

5.

Correspondence dated November 27, 2013 from Ms. Natasha Bowes, Fundraising Coordinator, Autism Ontario requesting April 2, 2014 be proclaimed "World Autism Awareness Day" in the Town of Newmarket.

a) THAT the correspondence dated November 27, 2013 from Ms. Natasha Bowes, Fundraising Coordinator, Autism Ontario be received and the following recommendations be adopted:

b) THAT the Town of Newmarket proclaim April 2, 2014 as "World Autism Awareness Day" in the Town of Newmarket;

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

6.

Correspondence received January 23, 2014 from Ms. Karima Panjwani, Program and Outreach Coordinator, Epilepsy York Region requesting proclamation of March, 2014 as 'Epilepsy Awareness Month' and March 26, 2014 as 'Purple Day for Epilepsy' in the Town of Newmarket.

a) THAT the correspondence dated January 23, 2014 from Ms. Karima Panjwani, Program and Outreach Coordinator, Epilepsy York Region be received and the following recommendations be adopted:

b) THAT the Town of Newmarket proclaim March, 2014 as 'Epilepsy Awareness Month' and March 26, 2014 as 'Purple Day for Epilepsy' in the Town of Newmarket;

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

7.

Newmarket Public Library Board Minutes of November 20 and December 18, 2013.

a) THAT the Newmarket Public Library Board Minutes of November 20 and December 18, 2013 be received.

8.

Accessibility Advisory Committee Minutes of October 15, 2013 and April 16, 2013.

a) THAT the Accessibility Advisory Committee Minutes of October 15, 2013 and April 16, 2013 be received.

9.

Heritage Newmarket Advisory Committee Minutes of December 17, 2013, December 3, 2013 and November 5, 2013.

a) THAT the Heritage Newmarket Advisory Committee Minutes of December 17, December 2 and November 5, 2013 be received.

10.

Item 1 of the Heritage Newmarket Advisory Committee Minutes of December 17, 2013 regarding Clock Tower Development.

THAT the following recommendations be addressed through a follow-up report after the Statutory Public Meeting is held.

a) THAT the three storey structure limit on development projects in the downtown core be upheld according to the Town of Newmarket Official Plan and the Heritage Conservation District Plan;

b) AND THAT the application for the Zoning By-law Amendment as submitted by Main Street Clock Inc., be rejected.

11.

Joint NEDAC/Council Workshop Notes of January 16, 2014.  

a) THAT the Joint NEDAC/Council Workshop Notes of January 16, 2014 be received for information purposes.

12.

Development and Infrastructure Services - Planning and Building Services Report 2014-01 dated January 16, 2014 regarding 2013 Year-End Servicing Allocation Capacity Monitoring Chart.

THAT Development and Infrastructure Services - Planning and Building Services Report 2014-01 dated January 16, 2014 regarding the 2013 Year-End Servicing Allocation Capacity Monitoring Table be received and the following recommendations be adopted:

a) THAT the Servicing Allocation Capacity Monitoring Table attached as Appendix 'A' be adopted;

b) AND THAT Gabrielle Hurst, Community Planning, Planning and Infrastructure Integration, York Region, 17250 Yonge Street, Newmarket, ON L3Y 6Z1 be notified of this action.

13.

Development and Infrastructure Services Report - Engineering Services 2014-02 dated January 23, 2014 regarding South-east Newmarket - Parking Restrictions.

THAT Development and Infrastructure Services Report - Engineering Services 2014-02 dated January 23, 2014 regarding South-east Newmarket - Parking Restrictions be received and the following recommendations be adopted:

a) THAT Schedule X (No Parking) of the Parking By-law 1993-62, as amended, be amended by adding the following:

b) AND THAT the necessary By-law be prepared and submitted to Council for its approval.

14.

Development and Infrastructure Services Report - ES 2014-04 dated February 3, 2014 regarding Proposed Sidewalk - Second Street.

THAT Community Services Report - ES 2014-04 dated February 3, 2014 regarding a Proposed Sidewalk on Second Street be received and the following recommendations be adopted:

a) THAT a sidewalk not be constructed on Second Street in accordance with the Town of Newmarket Sidewalk Installation Policy, PWES 1-01.

15.

Development and Infrastructure Services Report - Engineering Services 2014-06 dated January 17, 2014 regarding Timothy Street - Temporary Parking Permit.

THAT Development and Infrastructure Services Report - Engineering Services 2014-06 dated January 17, 2014 regarding Timothy Street - Temporary No Parking by Permit Only be received and the following recommendations be adopted:

a) THAT the two westerly on-street parking spaces on Timothy Street west of Main Street be temporarily "No Parking by Permit Only" with the exception of the residents of 216 Market Square;

b) AND THAT the residents of 216 Market Square be issued two (2) parking permits to be displayed in the vehicles to permit parking in these two spaces;

c) AND THAT when legal access to 216 Market Square can be re-instated, the removal of the Temporary No Parking by Permit Only spaces be at the discretion of the Director of Engineering Services.

16.

Development and Infrastructure Services - Public Works Services Report 2014-08 dated January 22, 2014 regarding Emerald Ash Borer Long Term Management Plan - Update.

THAT Development and Infrastructure Services - Public Works Services Report 2014-08 dated January 22, 2014 regarding Emerald Ash Borer Long Term Management Plan - Update be received and the following recommendations be adopted:

a) THAT the staff continue to proceed with the proposed recommendations in the Town of Newmarket Emerald Ash Borer Long Term Management Plan;

b) AND THAT staff report back to Council in the fall of 2014 with an annual update on the Emerald Ash Borer Long Term Management Plan;

c) AND THAT annual EAB reports are provided to NEAC for comment.

17.

Appointment Committee Minutes of January 21, 2014.

THAT the Appointment Committee Minutes of January 21, 2014 be received.

18.

Item 1 of Appointment Committee Minutes of January 21, 2014.

THAT the Appointment Committee recommends that Council maintain consistency with the past practice of not filling vacancies on any boards and committees during the last year of the term unless an appointment is needed to meet the committee’s quorum requirements. 

19.

Joint Information Report 2014-01 dated January 24, 2014 regarding Post-Secondary Update.

THAT Joint Report Community Services/Economic Development and Chief Administrative Officer 2014-02 dated January 24, 2014 regarding an update on Provincial direction for post-secondary investment and subsequent local response be received for information.

20.

Correspondence dated January 31, 2014 from Mr. John Blommesteyn regarding the elimination of user fees charged to sports leagues.

21.

Community Services - Recreation and Culture - Community Services - Economic Development Joint Report 2014-01 dated January 6, 2014 regarding Docs on Ice - Follow-Up.

THAT Community Services - Recreation and Culture and Community Services - Economic Development Joint Report 2014-01 dated January 6, 2014 regarding Docs on Ice - Follow Up be received and the following recommendations be adopted:

a) THAT Council decline the original Docs on Ice donation request to waive the fees for the $16,750.70 ice contract as presented at the September 9, 2013 Council meeting;

b) AND THAT Council direct staff to offer the following to event organizers:

c) The Town invest $3,500 towards the event through economic development (advertising/positioning opportunity for the town, CreateIT, etc.) in exchange for a Gala Dinner and Player Lounge Sponsorship;

d) The Town reduce the ice contract by $10,000 subject to an agreement being reached with organizers that $10,000 from event proceeds be invested back to the Town to be held in a reserve account to financially assist youth at risk to participate in recreation and culture programming with funding criteria to be developed following the completion of the Recreation Master Plan process (Recreation Playbook);

e) The organizers be responsible to pay the remaining balance of the ice contract ($3,250.70);

f) AND THAT Docs on Ice organizers be contacted to discuss and confirm this action.

22.

Development and Infrastructure Services Report - Engineering Services 2014-03 dated February 3, 2014 regarding North-west Newmarket - Parking Restrictions.

THAT Development and Infrastructure Services Report - Engineering Services 2014-03 dated February 3, 2014 regarding North-west Newmarket - Parking Restrictions be received and the following recommendations be adopted:

a)    THAT Schedule X (No Parking) of the Parking By-law 1993-62, as amended, be amended by adding the following:

b) AND THAT the necessary By-law be prepared and submitted to Council for its approval.

Carried

23.

Joint CAO/Commissioner - Corporate Services Report 2014-04 dated January 23, 2014 regarding the Draft Council Code of Conduct.

THAT Joint CAO/Commissioner - Corporate Services Report 2014-04 dated January 23, 2014 regarding the Draft Council Code of Conduct be received and that the Council Code of Conduct, including community engagement feedback be implemented in this term of office.

Motion Lost

The recommendations were replaced with the following:

‘THAT the draft Council Code of Conduct be referred to the new term of Council and an Integrity Commissioner be appointed on an as needed basis.’

       Moved by:      Councillor Emanuel

       Seconded by: Councillor Sponga

        THAT Joint CAO/Commissioner – Corporate Services Report 2014-04 dated January 23,          2014 regarding the Draft Council Code of Conduct be received and the following recommendation be adopted:

a) THAT the draft Council Code of Conduct be referred to the new term of Council and an Integrity Commissioner be appointed on an as needed basis.

       Carried

24.

List of Outstanding Matters.

THAT the list of Outstanding Matters be received.

Carried

Action Items

Correspondence & Petitions

Reports by Regional Representatives

Notices of Motion

Motions

25.

Moved by Councillor Emanuel 

Seconded by Councillor Hempen

THAT the motion by Councillor Di Muccio regarding not-for-profit minor sports organizations and a phase out of user fees as per specific criteria be referred to staff to review through the Recreation Master Plan process and the Service Pricing Policy review.

Carried

26.

Resolution - Ice Storm Cost Recovery – Claim for Assistance under the Ontario Disaster Relief Assistance Program (ODRAP).

Moved by:      Councillor Emanuel

Seconded by: Councillor Kerwin

THAT the following resolution be forwarded to the Ontario Disaster Relief Assistance Program:

WHEREAS the municipality of the Town of Newmarket recently experienced an ice storm on December 21-22, 2013 and has experienced substantial damage to municipal property and infrastructure, the Council of the Town of Newmarket hereby requests the Minister of Municipal Affairs and Housing to declare the Town of Newmarket a “disaster area” for the purposes of the Ontario Disaster Relief Assistance Program (ODRAP).

Carried

New Business

27.

Councillor Di Muccio requested clarification regarding a motion made in 2013 regarding a Freedom of the City – Queen’s York Rangers celebration in honour of the birth Prince George, son of the Duke and Duchess of Cambridge.   The Director of Recreation and Culture advised that a report will be forthcoming outlining the plans related to this matter.

The Committee recessed at 4:38 p.m.

The Committee reconvened at 4:49 p.m.

Closed Session

The Committee resolved into Closed Session at 4:51 p.m.

The Committee of the Whole (Closed Session) Minutes are recorded under separate cover.

The Committee resumed into Public Session at 6:00 p.m.

The Committee recessed at 6:01 p.m.

Public Hearing Matters

 29.

Public Meeting Notice, 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.

Mayor Van Bynen welcomed the public to the Committee of the Whole meeting. He advised that the Planning Act requires the Town to hold at least one Public Meeting on any proposed Zoning By-law Amendment Application.

Mayor Van Bynen advised that the purpose of the meeting was to hear from anyone who has an interest in the Application for Zoning By-law Amendment by Main Street Clock Inc. The Committee of Whole will not be making a decision regarding the proposed application, but will refer all written and verbal comments to Planning Staff to consider in a report that will be brought forth to a future meeting of the Committee of the Whole or Council.

Mayor Van Bynen advised that in accordance with the Planning Act, if a person or public body does not make oral submissions at a public meeting or make written submission to the Town of Newmarket in respect of a proposed Zoning By-law Amendment, the person or public body is not entitled to appeal the decision of Town Council to the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

Mayor Van Bynen further advised that it is very important that the Town receive the correct names and addresses of individuals having an interest in this planning application.   Therefore, if members of the public want to be notified of any further Committee or Council meetings concerning the application to please complete the “Interested Parties Form” available at reception. 

Mayor Van Bynen requested that residents keep their remarks to less than 5 minutes, and representatives of groups or organizations may speak for up to 10 minutes.  When coming forward to speak, state your name and address for the Clerk’s record.  While everyone is entitled to address Council, it is not necessary to repeat comments already stated. 

Mayor Van Bynen further advised that if residents are not comfortable providing oral comments, they can provide written comments to the Clerk’s staff.  If they have already written in to the Town, their comments have been received and they are on record and will be considered in the final report.

Mayor Van Bynen requested that residents be respectful of everyone in the room, turn mobile devices off or to silent mode and remain quiet while others are speaking. 

Mayor Van Bynen described the format for the meeting as follows:

• The Applicant will make a presentation on the application before Council;
• Council members will have an opportunity to ask questions of clarification of the applicant;
• The members of the public who have formally made a deputation request will be heard;
• Following these presentations, members of the public will be invited to offer their comments or questions  respecting the proposal;
• The Applicant or Staff will be invited to respond to the public comments or questions in addition to any questions or clarification requested by Council;
• Next Steps: Council will not deal with the proposal tonight but will refer the matter back to staff for a report and any people who have requested further notification in writing to the Clerk will be notified when this matter comes forward;
• Adjournment of meeting

30.

PowerPoint Presentation by Mr. Chris Bobyk, Forrest Group regarding Application for Zoning By-law Amendment - Main Street Clock Inc.

Moved by:  Councillor Emanuel

Seconded by: Councillor Kerwin

THAT Mr. Chris Bobyk, Forrest Group and Ms. Sharon Vattay, Heritage Planning Consultant be allotted 15 minutes for their presentation.

Carried

Mr. Bobyk and Ms. Vattay addressed the Committee providing details of the  Application for Zoning By-law Amendment for the property known as Main Street Clock Inc.

Moved by:  Councillor Emanuel

Seconded by: Councillor Sponga

THAT Mr. Chris Bobyk, Forrest Group and Ms. Sharon Vattay, Heritage Planning Consultant be allotted an additional 5 minutes for their presentation.

Carried

Members of Council queried Mr. Bobyk regarding aspects of the proposed development including, the proposed land exchange between the Town and the developer, the amount of proposed parking, preserving the heritage aspects of the buildings, and the size of the units in the proposed development.

Correspondence & Petitions

31.

Correspondence received January 31, 2014 from Mr. David Kempton regarding Clock Tower development

32.

Correspondence received January 31, 2014 from Ms. Peggy Stevens regarding Clock Tower development.

33.

Correspondence dated January 29, 2014 from Mr. Paul Montador regarding Clock Tower development.

34.

Correspondence dated January 30, 2014 from Ms. Jackie Playter regarding Clock Tower development.

35.

Correspondence received January 31, 2014 from Mr. Don Jackson regarding Clock Tower development.

36.

Correspondence received February 2, 2014 from Mr. Gerald Fox regarding Clock Tower development.

37.

Correspondence received February 2, 2014 from Mr. Art Weis regarding Clock Tower development.

38.

Correspondence dated February 3, 2014 from Mr. Tim McClure regarding Clock Tower development.

Deputations

39.

Mr. David Kempton, resident, addressed the Committee in support of the Clock Tower development. He stated that the increase in population is needed to support local businesses. He requested that Council consider reducing the amount of required parking spaces.

40.

Ms. Peggy Stevens, resident, addressed the Committee in support of the Clock Tower development. She stated that an increase in population was required to revitalize Main Street.

41.

Mr. Greg King, resident, addressed the Committee in support of the Clock Tower development. He stated that this type of development was needed to attract people to the businesses, and that heritage should be preserved but the neighbourhood needs to continue to evolve.

42.

Mr. Siegfried Wall, business owner on Main Street, addressed the Committee regarding concerns related to parking, the proposed land exchange and garbage collection.  

43.

Ms. Judy Perry, resident, addressed the Committee regarding the Heritage Conservation District plan passed in October, 2013 and requested that Council uphold that plan.

44.

Mr. Chris Morris, resident, addressed the Committee with questions regarding the possibility of damage to existing foundations due to construction and excavation required for proposed undergrounding parking.

45.

Mr. Malcolm Watts, resident, addressed the Committee regarding concerns related to parking, and how the proposed development would alter the skyline of the Heritage Conservation District.

46.

Ms. Margaret Davis, resident, addressed the Committee regarding preserving the heritage of the neighbourhood and parking concerns in the area.

47.

Mr. Gordon Prentice, resident, addressed the Committee regarding specific concerns related to the possibility that shadows from the proposed condominium tower would block sunlight to the stained glass windows of Trinity United Church.

48.

Mr. Ross Caister, resident, addressed the Committee regarding the proposed development and the Heritage Conservation Plan.

49.

Mr. Athol Hart, resident, addressed the Committee regarding the Secondary Plan and the Heritage Conservation District Plan, the location of development within Newmarket and maintaining a buffer along the edge of the Heritage Conservation District.

50.

Ms. Heather Burling, resident, addressed the Committee regarding concerns about traffic congestion and parking.

Moved by:      Councillor Sponga

Seconded by: Councillor Kerwin

THAT Ms. Heather Burling be allotted an additional 5 minutes for her deputation.

Carried

51.

Mr. Tom Taylor, resident, addressed the Committee regarding the proposed development and the Town’s Official Plan.  He requested that parking and traffic patterns be carefully scrutinized, a freeze be put on development on Main Street from Millard Avenue to Water Street for one year, that the Town retain expertise to investigate the feasibility of increasing higher density residential development in the Central Community Improvement Policy Area (Schedule F of the Official Plan) and that this coincide with the one year moratorium on development.

52.

Mr. Miguel Rebelo, business owner on Main Street, addressed the Committee regarding the potential of the proposed development blocking sunlight to his building and parking and traffic concerns.

53.

Mr. Dave Partington, resident, addressed the Committee in support of the proposed development. He stated that this type of development is needed to bring younger people downtown.

54.

Mr. Chris Howie, resident, addressed the Committee regarding parking concerns and changing the skyline of Main Street.

55.

Mr. Robert Buchan, President of the Newmarket Historical Society, addressed the Committee regarding the support of the Newmarket Historical Society for the Heritage Conservation District Plan. He advised that while the Newmarket Historical Society supports development of historical buildings, historic Main Street is fragile and should be preserved.

56.

Mr. Ali Mohammed Taher, business owner on Main Street, addressed the Committee regarding the need for development in the area of downtown Main Street.

57.

Mr. John Dowson, resident, addressed the Committee regarding the previous Community Improvement Plan, and current downtown development initiatives.

58.

Ms. Shalie Jelinek, resident, addressed the Committee regarding current parking issues in the downtown area. The Commissioner of Development and Infrastructure Services explained that there is a Downtown Parking Review Task Force and that the next step is to establish a long term parking plan to address potential development and what can be done to facilitate more parking.

59.

Mr. Tim Del Grande, resident, addressed the Committee regarding concerns about traffic patterns and driving visibility, parking issues and that the proposed condominium tower façade does not fit with the heritage aspect of the building.

60.

Mr. Jim Fitten, resident, addressed the Committee regarding overall development in Newmarket and how the proposed development concept drawing does not currently enhance the heritage look of Main Street.

61.

Ms. Anne Martin, business owner on Main Street, addressed the Committee regarding concerns about the management of the construction site should development proceed including truck access to the site, situation of construction trailers, contractors parking requirements and potential locations of large excavation equipment.

62.

Mr. Doug Booth, resident, addressed the Committee on behalf of the Council and Trustees of Trinity United Church. He expressed concerns regarding construction in the area that could potentially affect the water table and streams, possible damage to the church foundation, parking and traffic issues, and shadowing on the church property from the condominium tower.

63.

Mr. Art Weis, resident, addressed the Committee in support of the Clock Tower development. He explained that heritage is more than just preservation, but is also about preserving a vibrant commercial district.

64.

Ms. Jackie Playter, business owner on Main Street, addressed the Committee regarding the need to maintain business and keep Main Street viable. She advised that she supported the development because of the need to increase density downtown.

Members of Council queried Mr. Bobyk regarding closed storefronts located on the property. Mr. Bobyk advised that boards have been placed as per the Town’s property standards by-law and painted to match the existing storefront.  

Moved by:      Councillor Sponga

Seconded by: Councillor Di Muccio

THAT the presentation, deputations and correspondence related to the Application for Zoning By-law Amendment - Main Street Clock Inc. be received.

Carried

The Director of Planning and Building Services advised of the next steps associated with the planning process being a report back from staff to a future Committee of the Whole meeting. 

Adjournment

Moved by:      Councillor Kerwin

Seconded by: Councillor Emanuel

THAT the meeting adjourn.

Carried

The meeting adjourned at 10:12 p.m.

Tony Van Bynen, Mayor

Andrew Brouwer, Town Clerk