The Newmarket Record

Council

June 22, 2015

Who was there

Present (4): Christina Bisanz, John Taylor, Jane Twinney, Tom Vegh

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor Broome-Plumleywith respect to items 15 and 16 of the Committee of the Whole Minutes of June 15, 2015, being the Site Plan Review Committee Minutes of June 1, 2015 and Item 1 of the Site Plan Review Committee Minutes of June 1, 2015 regarding an Application for Amendment to Site Plan Approval – 18106 and 18110 Yonge Street – the Regional Municipality of York as the properties are adjacent to lands owned by her current employer

What was decided (33 motions)

30 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

THAT the items listed on the agenda as addendum items be included. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Sponga
Carried
THAT the presentation by Mr. John Birchall, Newmarket Environmental Advisory Committee regarding the 2015 Ian Gray Environmental Award recipient be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Sponga, seconded by Councillor Bisanz
Carried
THAT the deputation by Mr. Jim Priebe regarding 'Tracks FM' be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Twinney, seconded by Councillor Vegh
Carried
THAT the deputation by Mr. Dan Desson, Fair Vote Canada/Fair Vote Ontario in support of allowing municipalities to use ranked ballots in elections be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Kerwin
Carried
THAT the deputation by Ms. Teena Bogner, Newmarket Taxpayers Advocacy Group Inc. regarding efficiencies in the 2016 budget and related issues be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Bisanz
Carried
THAT the deputation by Mr. Brian Gard, Glenway Preservation Association regarding the Glenway Lessons Learned session be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Bisanz, seconded by Councillor Hempen
Carried
THAT the Council Minutes of June 1, 2015 be approved. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Sponga, seconded by Councillor Kerwin
Carried
THAT the Committee of the Whole Minutes of June 15, 2015 be approved and the following recommendations be adopted: 10. a) THAT the deputation by Mr. Paul Ferguson regarding the 2014 Annual General Meeting Report and Financial Statements for Newmarket Tay Power/Newmarket Hydro Holdings be received; and b) THAT the Newmarket Hydro Holdings Inc. Report of the President dated June 2, 2015 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 resolutio
Moved by Councillor Sponga, seconded by Councillor Kerwin
Referred
a) THAT the Site Plan Review Committee Minutes of June 1, 2015 be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Bisanz Opposed: (None) (8 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Hempen
Carried
a) Application for Amendment to Site Plan Approval to permit an addition having a gross floor area of 3,546 m 2 to the existing bus storage facility and a new Emergency Medical Services facility having a gross floor area of 555 m 2 together with a parking lot expansion on the subject lands be approved in principle and
Moved by Councillor Vegh, seconded by Councillor Hempen
Referred
a) THAT Joint Corporate Services and Development and Infrastructure Services 2015-40 dated June 11, 2015 regarding the Regulation of Canada Post Community Mailbox Installations on Municipal Roadways be received and the following recommendations be adopted: i) THAT staff be directed to monitor the ongoing Ontario Superior Court of Justice appeal case in Hamilton and report back to Committee regarding the verdict and potential on Town operations and legislative role; ii) AND THAT staff move forward with the preparation of a by-law to be brought forward to Council for approval; iii) AND THAT staff be directed to investigate aligning the Town's by-laws with the City of Hamilton's By-law Number 15-091 which regulates the installation of equipment on roads with the goal of bringing a by-law for Council to consider in Q3 of 2015. In Favour: Councillor Sponga Opposed: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Broome-Plumley, Councillor Bisanz (1 in favour, 8 opposed)
Moved by Councillor Sponga, seconded by Regional Councillor Taylor
Lost
a) THAT Joint Corporate Services and Development and Infrastructure Services 2015-40 dated June 11, 2015 regarding the Regulation of Canada Post Community Mailbox Installations on Municipal Roadways be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Broome-Plumley, Councillor Bisanz Opposed: Councillor Sponga (8 in favour, 1 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Kerwin
Carried
a) THAT Joint Chief Administrative Officer and Commissioners of Development and Infrastructure Services, Community Services and Corporate Services Report 2015-38 dated June 9, 2015 regarding Hollingsworth Arena be received for information purposes and the following recommendations be adopted: i) THAT staff report to Committee of the Whole in Closed Session on the results of negotiations with San Michael Homes Developments with respect to the potential development of the Hollingsworth Arena site at 35 Patterson Street in conjunction with the properties at 693 Davis Drive and 713 Davis Drive on the basis of a sale of the Town property; ii) AND THAT the sale of the Hollingsworth Arena site be subject to satisfactory arrangements being made to maintain 7 (seven) municipally permitted ice surfaces for continuity of service for Town residents; iii) AND THAT the sale of the Hollingsworth Arena site be subject to Council's declaration of the property as surplus to municipal needs and staff being directed to following the Town's land disposition process; iv) AND THAT Mr. Sandro Sementilli and Pickering College be notified of this action. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Hempen, Councillor Bisanz Opposed: Councillor Twinney, Councillor Sponga, Councillor Broome-Plumley (6 in favour, 3 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Kerwin
Carried
THAT the Audit Committee Minutes of June 22, 2015 be approved. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Hempen, seconded by Councillor Bisanz
Carried
THAT the Town of Newmarket’s Draft 2014 Consolidated Financial Statements, Trust Fund Financial Statements and Main Street District BIA Financial Statements, Representation Letters dated June 22, 2015 and Final Report to the Audit Committee dated June 22, 2015 from BDO Canada LLP be received; AND THAT the Audit Committee recommends to Council that the Town of Newmarket’s Draft 2014 Consolidated Financial Statements, Trust Fund Financial Statements and Main Street District BIA Financial Statements endorsed by the Audit Committee be approved. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Bisanz, seconded by Councillor Hempen
Carried
THAT the Memorandum from the Director of Planning and Building Services dated June 18, 2015 regarding Honouring a Newmarket resident be received. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Kerwin
Carried
THAT the recommendations of the Special Committee of the Whole meeting of June 22, 2015 be approved. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Broome-Plumley
Carried
THAT By-laws 2015-28, 2015-29, 2015-30 and 2015-31 be enacted. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Sponga, seconded by Councillor Vegh
Carried
WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT rules, Version 4.0; AND WHEREAS the Province's FIT Program encourages the construction and operation of Rooftop Solar PV generation projects; AND WHEREAS one or more projects may be constructed and operated in the Town of Newmarket; AND WHEREAS pursuant to the FIT Rules, Version 4.0, Applications whole Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT contracts. THEREFORE BE IT RESOLVED THAT Council of the Town of Newmarket supports the construction and operation of the projects anywhere in the Town of Newmarket up to 500 kW; AND THAT this resolution shall expire twelve (12) months after its adoption by Council. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Kerwin
Carried
THAT staff be directed to circulate draft comments to Council related to the Municipal Legislation Review for subsequent forwarding to the Province. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Bisanz, seconded by Councillor Vegh
Carried
THAT staff provide an information report on options for a pedestrian connection from Hillview to Davis Drive in September. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Hempen
Carried
THAT Council resolve into a Closed Session for the purpose of discussing a Personal matter about an identifiable individual per Section 239 (2)(b) of the Municipal Act (Street Name Change) and a proposed acquisition of land by the municipality per Section 239 (2)(c) of the Municipal Act (Northwest Quadrant) In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Kerwin, seconded by Regional Councillor Taylor
Carried
a) THAT staff be directed to arrange an Honourary Citizen ceremony, the highest honour that the Town bestows, in August, in recognition of Mr. Alf Neely; b) AND THAT the recipient be advised that a street will be named in his honour. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Broome-Plumley
Carried
THAT Staff proceed as directed at the June 22, 2015 Council Closed Session. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Sponga
Carried
THAT staff bring back a report on potential land acquisitions recommended in the next five years by the Recreation Playbook. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Bisanz, seconded by Councillor Twinney
Carried
THAT the Committee of the Whole (Closed Session) Minutes of June 15, 2015 be approved. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Regional Councillor Taylor, seconded by Councillor Vegh
Carried
a) THAT Joint CAO/Commissioners of Community Services, Corporate Services and Development and Infrastructure Services (Closed Session) Report 2015-39, dated June 11, 2015 regarding the proposed disposition of land be received; b) AND THAT staff proceed as directed. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Hempen, Councillor Bisanz Opposed: Councillor Twinney, Councillor Sponga, Councillor Broome-Plumley (6 in favour, 3 opposed)
Moved by Councillor Hempen, seconded by Councillor Kerwin
Carried
THAT By-law 2015-32 be enacted. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Sponga, seconded by Councillor Kerwin
Carried
THAT the meeting adjourn. In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Sponga, seconded by Councillor Broome-Plumley
Carried
THAT the Audit Committee Minutes of June 22, 2015 be approved. Town of Newmarket I Council Minutes – Monday, June 22, 2015 16 of In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Hempen, seconded by Councillor Bisanz
Carried
THAT the Memorandum from the Director of Planning and Building Services dated June 18, 2015 regarding Honouring a Newmarket resident be received. Town of Newmarket I Council Minutes – Monday, June 22, 2015 17 of In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Kerwin
Carried
THAT staff be directed to circulate draft comments to Council related to the Municipal Legislation Review for subsequent forwarding to the Province. Town of Newmarket I Council Minutes – Monday, June 22, 2015 22 of In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Bisanz, seconded by Councillor Vegh
Carried
THAT Staff proceed as directed at the June 22, 2015 Council Closed Session. Town of Newmarket I Council Minutes – Monday, June 22, 2015 24 of In Favour: Mayor Van Bynen, Regional Councillor Taylor, Councillor Vegh, Councillor Kerwin, Councillor Twinney, Councillor Hempen, Councillor Sponga, Councillor Broome-Plumley, Councillor Bisanz Opposed: (None) (9 in favour, 0 opposed)
Moved by Councillor Vegh, seconded by Councillor Sponga
Carried

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