Committee of the Whole

THAT the items listed on the agenda as (ADDED) along with the corrections as verbally presented by the CAO prior to the meeting, and the request by Mr. Malcolm Watts for deputation status prior to consideration of 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 approved.

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.

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; 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.

THAT the following items be adopted on consent: 4. 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 5. Heritage Newmarket Advisory Committee Minutes of October 1, 2013. a) THAT the Heritage Newmarket Advisory Committee Minutes of October 1, 2013 be received. 6. 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. 7. 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

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: THAT the parking restrictions remain as existing; AND THAT staff undertake a new parking review of the street known as Foxtail Ridge in the spring of 2014.

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, as amended, and the following recommendations 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”.

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

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

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: THAT BDO Canada be appointed as the Town's auditors for 2013; AND THAT the audit plan presented by BDO be received.

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

THAT Committee of the Whole resolve into a Closed Session for the purpose of discussing litigation before the Ontario Municipal Board (Marianneville Developments Ltd. – Glenway) and personal matters about an identifiable individual (Newmarket – Tay Power Distribution Ltd. – Director Search).

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 added to the agenda.

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 the recommendation Number 3 of Development and Infrastructure Services/Planning and Building Services Report 2013-47 be replaced with the following recommendation: ii) “THAT the revised settlement offer prepared by Ira Kagan dated November 20, 2013 be

THAT Committee of the Whole resolve into a Closed Session for the purpose of discussing litigation before the Ontario Municipal Board (Marianneville Developments Ltd. – Glenway).

THAT the deputations and correspondence related to the Marianneville Developments Limited (Glenway) matter be received.

55. THAT Development and Infrastructure Services/Planning and Building Services Report 2013-47 dated October 15, 2013 regarding Application for Official Plan Amendment - D9NP1210; Zoning By-law Amendment - D14NP1210; and Draft Plan of Subdivision - D12NP1210 be received and the following recommendations be adopted: i) THAT the applications for Official Plan Amendment - D9NP1210, Zoning By-law Amendment - D14NP1210 and Draft Plan of Subdivision - D12NP1210 submitted on April 20, 2012 be denied. ii) THAT the Without Prejudice Offer in the form as submitted on August 23, 2013 not be accepted. iii) AND THAT the Council direct staff to advise the Ontario Municipal Board that the Town will be seeking consideration for a two-staged hearing process that would first allow for discussion and ruling on the principle of development. iv) AND THAT Council direct staff to engage outside legal/planning counsel who have Ontario Municipal Board expertise and experience in defending the principles of development.

THAT the meeting adjourn.