Committee of the Whole

THAT the order of the agenda be altered by including the following items for consideration: ADDITIONS Item 1c) Correspondence on behalf of the Bully Free Community Alliance of York Region dated October 9, 2013 requesting proclamation of November 17 to 23, 2013 as 'Bullying Awareness Week' in the Town of Newmarket. Item 1d) Correspondence dated October 4, 2013 from Mr. George Habib, President and CEO, Ontario Lung Association requesting that November 2013 be proclaimed "Lung Month" in the Town of Newmarket. Town of Newmarket I Committee of the Whole Minutes September 23, 2013 Item 1e) Correspondence dated October 9, 2013 from Ms. Erin Hoyos, Administration, DEBRA Canada requesting that October 25 to 31, 2013 be proclaimed 'International Epidermolysis Bullosa Awareness Week' in the Town of Newmarket. Item 18 Development and Infrastructure Services Report - Planning and Building Services 2013-49 dated October 10, 2013 regarding Application for Draft Plan of Subdivision and Zoning By-law Amendment - National Homes Inc. Item 19 Main Street District Business Improvement Area Board of Management Minutes of September 17, 2013. Item 20 Item 7 of the Main Street District Business Improvement Area Board of Management Minutes of September 17, 2013- Membership Vacancy. DEPUTATIONS Item 17 Mr. Nick McDonald, Meridian Planning, on behalf of the Glenway Preservation Association to address the Committee regarding the current Glenway application. Item 17 Ms. Christina Bisanz on behalf of the G

THAT the following items be adopted on consent: 1. COMMITTEE OF THE WHOLE MINUTES - OCTOBER 15, 2013- ITEM 1 REQUESTS FOR PROCLAMATIONS a) THAT the correspondence dated September 19, 2013 from Mr. Don Head, Commissioner, Correctional Services Canada be received and the following recommendations be adopted: 1. THAT the Town of Newmarket proclaim November 17 to 24, 2013 as "Restorative Justice Week"; 2. AND THAT the proclamation be advertised in the Town Page advertisement and on the Town's website www.newmarket.ca b) THAT the correspondence from Ms. Lynn Ziraldo, Executive Director, Learning Disabilities of York Region be received and the following recommendations be adopted: 1. THAT the Town of Newmarket proclaim October 2013 as "Learning Disabilities Awareness Month"; 2. AND THAT the proclamation be advertised in the Town Page advertisement and on the Town's website www.newmarket.ca c) THAT the correspondence dated October 9, 2013 on behalf of the Bully Free Community Alliance of York Region dated October 9, 2013 requesting proclamation of 'Bullying Awareness Week' be received and the following recommendations be adopted: 1. THAT the Town of Newmarket proclaim November 17 to 23, 2013 as 'Bullying Awareness Week' in the Town of Newmarket; Town of Newmarket I Committee of the Whole Minutes I October 15, 2013 2. AND THAT the proclamation be advertised in the Town Page advertisement and on the Town's website www.newmarket.ca d) THAT the correspondence dated October 4, 2013 from

THAT the correspondence dated September 23, 2013 from Mr. Anthony Fanelli, Civil Field Engineer, Kiewit-EllisDon requesting an exemption from the Noise By- law to perform necessary work for the vivaNext D1 project be received and the timelines, as amended be approved.

THAT Development and Infrastructure Services - Planning and Building Services Report 2013-48 dated October 3, 2013 regarding the proposed Advisory Committee for the Lower Main Street South Heritage Conservation District be received and the following recommendations be adopted: 1. THAT Council support the proposed advisory group as outlined in the Council endorsed October 5, 2011 Lower Main Street South Heritage Conservation District Plan; 2. AND THAT the Main Street District Business Improvement Area Board of Management and the Heritage Newmarket Advisory Committee provide a recommendation to Council for a member of each to join the proposed advisory group.

THAT Council direct staff to request the Integrity Commissioner investigate statements directed at me as the Mayor by Councillor Di Muccio at the Committee of the Whole meeting on Monday, September 23, 2013 to determine if there was a breach of the Council Code of Conduct and /or the Town of Newmarket's Procedural By-law. In the event Councillor Di Muccio provides a written apology to Council prior to the motion being adopted by Council - the motion will be

THAT the following amendment be included in the Notice of Motion regarding the Integrity Commissioner: AND THAT including this complaint and all future complaints: a) where a Councillor is not found to be in contravention of the Council Code of Conduct by the Integrity Commissioner, the Councillor who filed the notice of motion for consideration by Council on the matter be requested by Council to pay costs associated with the Integrity Commissioner's investigation; or, b) where a Councillor is found to be in contravention of the Council Code of Conduct by the Integrity Commissioner, the contravening Councillor be requested by Council to pay the costs associated with the Integrity Commissioner's investigation from their salary.

THAT the correspondence dated September 2013 from Mr. Dennis Purcell, DRC Chair, requesting financial support for April 2013 flood damage be received.

THAT Committee of the Whole resolve into a closed session for the purpose of discussing advice that is subject to Solicitor/Client privilege, litigation or potential litigation, including matters before an administrative tribunal and a proposed or pending acquisition of land by the municipality.

THAT Corporate Services (Legal Services) Closed Session Report 2013-12 dated October 9, 2013 regarding the appeal to the Ontario Municipal Board by the Owner of 390 Ontario Street ("the lands") from a decision of the Committee of Adjustment to deny an application for Consent and Minor Variance be received, and the following recommendations, as amended, be adopted: 1. THAT staff be directed to advise the Ontario Municipal Board that Council does not take a position either in support of or against the above-noted appeal of a Committee of Adjustment's decision to deny an application for Consent and Minor Variance in connection with the lands; 2. AND THAT the Town will not be appearing as Party or Participant at the OMB hearing in this matter; and 3. AND THAT Staff advise the Ontario Municipal Board and the appellant that it is requesting the conditions as follows be included as part of any Order approving the Consent and Minor Variances. i. That Consent Application D10-B03-13 be approved subject to the following conditions: a) That the Owner enter into a leading site plan agreement with the Town for the future development of the subject lands dealing with all matters, financial and otherwise including the payment of a parkland contribution in accordance with the provisions of the Planning Act, R.S.O. 1990, to the satisfaction of the Town; b) That the Owner obtain relief from the provision of the Zoning By-law for reduced lot frontage; and c) That Minor Variance Applications D13-

THAT the Committee of the Whole meeting recess until 7:00 p.m.

THAT Mr. Nick McDonald, Meridian Planning Consultants, on behalf of the Glenway Preservation Association be allotted fifteen minutes for his deputation.

THAT the deputation by Mr. Nick McDonald, Meridian Planning Consultants regarding the Marianneville Developments (Glenway) application be received.

THAT the deputation by Ms. Christina Bisanz, on behalf of the Glenway community regarding the Marianneville Developments (Glenway) application be received.

THAT all deputations with respect to the Marianneville Developments (Glenway) development application be received.