Town of Newmarket
Agenda
Council - Electronic

Meeting #:

Date:

Monday, December 12, 2022

Time:

1:00 P.m. - 6:00 P.m.

Location:

Streamed live from the Municipal Offices

395 Mulock Drive

Newmarket, ON L3Y 4X7

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1.

Notice

Members of the public may watch the live stream at newmarket.ca/meetings or attend this meeting in person in the Council Chambers at 395 Mulock Drive.

Public Input

Individuals who wish to submit input to Council in relation to an item on this agenda have the following options available.

1. Email your correspondence to [email protected] by end of day on Sunday, December 11, 2022. Written correspondence received by this date will form part of the public record; or,
2. You are strongly encouraged to pre-register if you would like to make a deputation at the meeting. For more information regarding the options available, email your request and contact information to [email protected].

2.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

3.

Conflict of Interest Declarations

4.

Public Hearing Matter(s)

There are no public hearing matters.

5.

Presentations & Recognitions

6.

Deputations

7.

Minutes

7.1

Special Council Meeting Minutes of November 7, 2022

• 1. That the Special Council Meeting Minutes of November 7, 2022 be approved.

7.2

Inaugural Council Meeting Minutes of November 15, 2022

• 1. That the Inaugural Council Meeting Minutes of November 15, 2022 be approved.

7.3

Special Council Meeting Minutes of December 5, 2022

• 1. That the Special Council Meeting Minutes of December 5, 2022 be approved.

8.

Reports by Regional Representatives

9.

Consent Items and Recommendations from Committees 

9.1

Committee of the Whole Meeting Minutes of December 5, 2022

• 1. That the Committee of the Whole Meeting Minutes of December 5, 2022 be received and the recommendations noted within be adopted.

9.1.1

Q3 2022 Financial Update

• 1. That the report entitled Q3 2022 Financial Update dated December 5, 2022 be received; and,
  2. That Council approve the transfer of bank interest earned in excess of the annual budget of $725,000 to the Asset Replacement Fund reserve; and,
  3. That Council approve the transfer of savings realized on debt servicing in the tax-supported operating budget to the Asset Replacement Fund; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.2

2023 Fees and Charges Overarching Report

• 1. That the report entitled 2023 Fees and Charges Overarching Report dated December 5, 2022, be received; and,
  2. That the attached Fees and Charges are increasing within the Treasurer’s Delegated Authority and therefore Schedules “A”, “B”, “D”, “E”, “F”, “G”, “H”, “I”, “J”, “K”, “L”, “M”, marked as Recreation Culture Services, Corporate Services, Engineering, Legislative Services – General Fees and Licensing, Fire Services, Planning, General Fees, Building Permit, Water and Wastewater Rates, and Stormwater Rates be received for Information Purposes; and,
  3. That the attached Schedule “C” Public Works increases to fees and charges above the Treasurer’s Delegated authority be approved, and adopted by by-law; and,
  4. That all Fees and Charges schedules be brought forward to Council for enactment as by-laws; and,
  5. That the fee adjustments come into full force and effect as of January 1, 2023; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.3

2022 Year-End Servicing Allocation Review

• 1. That the report entitled 2022 Year-End Servicing Allocation Review dated December 5, 2022 be received; and,
  2. That the Town’s remaining servicing capacity (the Town Reserve) of 2727 persons of allocation be maintained for future development, of which, 20 persons is to be held in the Severance Reserve; and,
  3. That the conditional servicing allocation commitment for 680 Gorham Street be extended until March 31, 2023; and,
  4. That the Commissioner of Development and Infrastructure Services be authorized to amend the agreement between the Town of Newmarket and 16250 Yonge Street Inc. and Shining Hill (St. John’s) Inc. by extending the servicing allocation repayment deadline from December 1, 2022 to December 1, 2023; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4

30 Minute Parking on Main Street Review

• 1. That the correspondence related to the 30 Minute Parking on Main Street Review provided by Cathy Humpage be received; and,
  2. That the report entitled 30 Minute Parking on Main Street Review dated December 5, 2022, be received; and,
  3. That Council proceed with Option A in this report; and,
  4. That staff be directed to present Council with an amendment to the Parking By-law 2019-63, as amended, which aligns with Option A in this report; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4.1

Correspondence - Cathy Humpage

9.1.5

Escalating Administrative Monetary Penalties

• 1. That the report entitled Escalating Administrative Monetary Penalties dated December 5, 2022 be received; and,
  2. That Council repeal Schedule A of the Administrative Monetary Penalty System (AMPS) By-law 2019-62, as amended; and,
  3. That Council adopt, Attachment 1 to this report, as the new Schedule A to Administrative Monetary Penalty System (AMPS) By-law 2019-62, as amended, to include escalating administrative monetary penalty amounts, with the following amendments: 
     1. item numbers 49, 50, and 58 are amended to $1,000, $2,000, and $3,000; and,
     2. item numbers 59, 60, 61, 108, 281, and 292 are amended to $600, $900, and $1,350; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.6

Councillor Appointments to Committees and Committee Structure Review

• 1. That the report entitled Councillor Appointments to Committees and Committee Structure Review dated December 5, 2022 be received; and, 
  2. That Council appoint the below Member(s) of Council to the following committees:
     1. Accessibility Advisory Committee (Councillor Broome); 
     2. Appointment Committee (Mayor Taylor, Councillor Morrison, Councillor Kwapis);
     3. Audit Committee (Councillor Simon, Councillor Woodhouse, Councillor Twinney)
     4. Central York Fire Service Joint Council Committee (Councillor Simon, Councillor Morrison, Councillor Broome);
     5. Elman W. Campbell Museum Board (Councillor Woodhouse);
     6. Heritage Advisory Committee (Councillor Bisanz);
     7. Newmarket Economic Development Advisory Committee (Mayor Taylor, Deputy Mayor and Regional Councillor Vegh)
     8. Newmarket Historical Society (Councillor Bisanz);
     9. Newmarket Public Library Board (Councillor Woodhouse, Councillor Morrison, Councillor Broome);
     10. Newmarket Seniors’ Meeting Place Board (Councillor Kwapis);
     11. SmartCommute – Central York (Councillor Twinney); and, 
  3. That Council recommend Deputy Mayor and Regional Councillor Vegh as the representative to York Region Council for appointment to the Lake Simcoe Region Conservation Authority’s Board of Directors; and,
  4. That Council defer appointments to the Dismantling Anti-Black Racism Task Force and to the Main Street District Business Improvement Area Board of Management until Council has received the Action Plan for Dismantling Anti-Black Racism, and the BIA Governance Review are complete; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

   

9.1.7

Newmarket Public Library Board Meeting Minutes of June 15, 2022, September 21, 2022 and October 19, 2022

• 1. That the Newmarket Public Library Board Meeting Minutes of June 15, 2022, September 21, 2022 and October 19, 2022 be approved.

9.1.8

Newmarket Dismantling Anti-Black Racism Task Force Meeting Minutes of July 26, 2022

• 1. That the Newmarket Dismantling Anti-Black Racism Task Force Meeting Minutes of July 26, 2022 be approved.

9.1.9

Dead and Dying Tree Removal

• 1. That staff review the Private Tree Protection By-law and related matters and bring back recommendations on a different process to address dead and dying trees from public property. 

9.2

Memorandum Escalating Administrative Monetary Penalties Staff Report to Council

Note: Should Council adopt the proposed attached By-law, the motion for item 9.1.5 will need to be further amended to remove references to item 49, 50, 108, and 292.

• 1. That the Memorandum Escalating Administrative Monetary Penalties Staff Report to Council be received.

10.

By-laws

2022-61 A By-law to establish fees and charges for services or activities provided by the Corporation of the Town of Newmarket (General Fees and Charges)

2022-62 A By-law to establish a tariff of fees for the processing of applications made in respect of planning matters (Planning Processing Fees)

2022-63 A By-law to establish fees and charges for services or activities provided by the Corporation of the Town of Newmarket (Stormwater Rates)

2022-64 A By-law to establish fees and charges for services or activities provided by the Corporation of the Town of Newmarket (Water and Wastewater Rates)

2022-65 A By-law to amend the fees table of Schedule "A" of Building By-law 2015-58 (Building Services Fees)

2022-66 A By-law to amend By-law 2019-62 being a By-law to implement an Administrative Monetary Penalty System in the Town of Newmarket (Escalating AMPS)

2022-68 A By-law to amend By-law 2019-63, as amended, being a By-law to Regulate Parking within the Town of Newmarket.

• 1. That By-laws 2022-61, 2022-62, 2022-63, 2022-64, 2022-65, 2022-66 and 2022-68 be enacted.

11.

Notices of Motions

12.

Motions Where Notice has Already been Provided

12.1

Bill 23, More Homes Built Faster Act, 2022

Whereas the Government of Ontario recently passed Bill 23, More Homes Built Faster Act, 2022 without providing meaningful or adequate opportunity for municipalities to provide input on ways to increase the supply of housing and to improve housing affordability in Ontario while ensuring the financial capacity of municipalities to support growth and protection of the environment; and,

Whereas Bill 23 will have significant negative impact on heritage housing, green standards, environmental protection of wetlands, conservation, social housing and other significant areas of concern; and,

Whereas a preliminary analysis of Bill 23 by the Association of Municipalities of Ontario (AMO) indicates the transfer of up to $1 billion a year in costs from private sector developers to property taxpayers without any likelihood of improved housing affordability while also undermining environmental protection; and,

Whereas the Town of Newmarket has been specifically identified as a growth area, with a target to introduce 12,000 new homes by 2031, despite a lack of sewage capacity until the southern solution as mandated by the province is completed; and,

Whereas municipal estimates vary between a property tax impact of Bill 23 between five and 15 per cent; and,

Whereas a growing number of municipalities have joined in expressing their concern with the negative impacts of Bill 23;

Be it resolved that the Town of Newmarket formally express its opposition to Bill 23 in its current form and that this resolution be forwarded to the Premier, the Minister of Municipal Affairs and Housing Steve Clark, and MPP Newmarket-Aurora Dawn Gallagher-Murphy; and,

That the Town of Newmarket formally submits its inability to meet the stated target of 12,000 new homes by 2031; and,

That a copy of this resolution also be sent to the Association of Municipalities of Ontario, and all Ontario municipalities.

13.

New Business

14.

Closed Session (if required)

14.1

Special Council Meeting Minutes (Closed Session) of November 7, 2022

14.2

Committee of the Whole Meeting Minutes (Closed Session) of December 5, 2022

14.2.1

Property Matter in Ward 1

A position, plan, procedure, criteria or instruction to be applied to any negotiation carried on or to be carried on by or on behalf of the municipality or local board as per Section 239(2)(k) of the Municipal Act, 2001.

14.2.2

Labour Relations Update 

Labour relations or employee negotiations as per Section 239(2)(d) of the Municipal Act, 2001.

15.

Confirmatory By-law

2022-67 A By-law to Confirm the Proceedings of the December 12 Council - Electronic meeting.

• 1. That By-law 2022-67 be enacted.

16.

Adjournment