Town of Newmarket

Minutes

Committee of the Whole - Electronic

Meeting #:
Date:	Monday, December 06, 2021
Time:	1:00 P.m. - 3:00 P.m.
Location:	Streamed live from the Municipal Offices 395 Mulock Drive Newmarket, ON L3Y 4X7

Members Present:

• Mayor Taylor
• Deputy Mayor & Regional Councillor Vegh
• Councillor Simon
• Councillor Woodhouse
• Councillor Twinney
• Councillor Morrison
• Councillor Kwapis
• Councillor Broome
• Councillor Bisanz

Staff Present:

• I. McDougall, Chief Administrative Officer
• E. Armchuk, Commissioner of Corporate Services
• P. Noehammer, Commissioner of Development & Infrastructure Services
• L. Lyons, Director of Legislative Services/Town Clerk
• F. Scott, Acting Deputy Town Clerk
• M. Agnoletto, Director of Public Works Services
• M. Mayes, Director of Financial Services/Town Treasurer
• A. Tang, Manager of Finance & Accounting
• L. Ellis, Manager of Asset Management
• E. Wright, Asset Management Specialist
• A. Walkom, Legislative Coordinator
• J. Grossi, Legislative Coordinator

The meeting was called to order at 1:00 PM.

Mayor Taylor in the Chair.

Committee of the Whole recessed at 2:17 PM and reconvened at 2:30 PM.

---

1.

Notice

Mayor Taylor advised that this meeting was streamed live at Newmarket.ca/meetings. Residents who would like to provide comment on an item on this agenda were encouraged to provide their feedback in writing through email to Legislative Services at or by joining the meeting electronically through video or telephone. He advised residents that their comments would form part of the public record.

2.

Additions & Corrections to the Agenda

None.

3.

Conflict of Interest Declarations

None.

4.

Presentations & Recognitions

4.1

Newmarket Dismantling Anti-Black Racism Task Force Final Report

Jerisha Grant-Hall, Chair, Newmarket Dismantling Anti-Black Racism Task Force provided a presentation to Council regarding the Newmarket Dismantling Anti-Black Racism Task Force Final Report. The presentation provided an overview of the final report and outlined the focus areas, immediate actions and recommendations contained in the report. The presentation concluded with an overview of the steps suggested by the Task Force in order to begin implementing the report's recommendations.

• Moved by: Councillor Bisanz
  Seconded by: Councillor Broome
  1. That the presentation provided by Jerisha Grant-Hall, Chair, Newmarket Dismantling Anti-Black Racism Task Force regarding the Newmarket Dismantling Anti-Black Racism Task Force Final Report be received.
  
  
  
  Carried

4.2

Asset Management Plan Executive Summary – Core Assets

Note: This item was dealt with under sub-item 6.2. Please see sub-item 6.2 for motion.

The Manager of Asset Management and the Asset Management Specialist provided a presentation which outlined the Town's assets and their current value and condition. The presentation continued with an overview of the risks of the Town's aging infrastructure and recommendations for financing future management of the assets. The presentation concluded with next steps in the development of the asset management program.

4.3

2022 Draft Operating and Capital Budgets

Note: This item was dealt with under sub-item 6.3. Please see sub-item 6.3 for motion.

The Manager of Finance & Accounting/Deputy Treasurer provided a presentation regarding the 2022 Draft Operating and Capital Budgets which included an overview of the budget process and the results of the public survey. The presentation outlined the tax-supported operating budget, rate-supported operating budget, and capital budget. The presentation concluded with an outline of the next steps in the 2022 budget process. 

4.4

Hydro Revenue Review

Note: This item was dealt with under sub-item 6.15. Please see sub-item 6.15 for motion.

The Director of Financial Services/Treasurer provided a presentation which outlined the annual revenues from Newmarket-Tay Power. He provided an outline of the proposed changes regarding how the Town accounts for the revenues.

5.

Deputations

5.1

Bradford Bypass

Claire Malcolmson, Executive Director of the Rescue Lake Simcoe Coalition provided a deputation regarding the Bradford Bypass and the environmental concerns related to the project. She asked Council to request further studies and a new impact assessment from the Province.

• Moved by: Councillor Bisanz
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the deputation provided by Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition regarding the Bradford Bypass be received.
  
  
  
  Carried

5.2

Bradford Bypass

Bill Foster of Forbid Roads Over Green Spaces provided a deputation regarding the environmental concerns related to the Bradford Bypass and asked Council to request further studies by the Province

• Moved by: Councillor Broome
  Seconded by: Councillor Twinney
  1. That the deputation provided by Bill Foster of Forbid Roads Over Green Spaces regarding the Bradford Bypass be received.
  
  
  
  Carried

6.

Consent Items

• Moved by: Councillor Twinney
  Seconded by: Councillor Simon
  1. That sub-items 6.4, 6.5, 6.6, 6.7, 6.9, 6.10, 6.12, 6.13, 6.14, 6.17, and 6.18 be adopted on consent. See following sub-items 6.1, 6.2, 6.3, 6.8, 6.11, 6.15, and 6.16 for motions.
  
  
  
  Carried

6.1

Newmarket Dismantling Anti-Black Racism Task Force Final Report

• An alternate motion was presented and noted below in bold.

  Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That the Newmarket Dismantling Anti-Black Racism Task Force Final Report be received; and,
  2. That Council direct staff to develop an implementation plan for Council consideration no later than Q2 of 2022; and,
  3. That Council Request that the Dismantling Anti Black Racism Task Force extend its mandate in order to provide input and comments on the implementation plan; and,
  4. That staff be directed to report on the progress of the actions in the implementation plan annually including Key Performance Indicators (KPIs); and,
  5. That staff be directed to hold a workshop with Council and senior staff to understand the potential application of a Racial Equity Tool in the Town of Newmarket that will facilitate the integration of racial equity into routine decision making; and, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.2

Asset Management Plan Executive Summary – Core Assets

• An alternate motion was presented and noted below in bold.

  Moved by: Councillor Woodhouse
  Seconded by: Councillor Morrison
  1. That the presentation provided by Lisa Ellis, Manager of Asset Management and Erik Wright, Asset Management Specialist regarding Asset Management Plan Executive Summary – Core Assets be received; and,
  2. That the report entitled Asset Management Plan Executive Summary – Core Assets dated November 24, 2021 be received; and, 
  3. That the Asset Management Plan Executive Summary – Core Assets report be endorsed; and,
  4. That Council approves the 15 recommendations included in the report, and,
  5. That the Corporate Asset Management Office be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.3

2022 Draft Operating and Capital Budgets

• An alternate motion was presented and noted below in bold.

  Moved by: Councillor Morrison
  Seconded by: Councillor Woodhouse
  1. That the presentation provided by Andrea Tang, Manager of Finance & Accounting/Deputy Treasurer regarding the 2022 Draft Operating and Capital Budgets be received; and,
  2. That the report entitled 2022 Draft Operating and Capital Budgets dated December 6, 2021 be received; and,
  3. That the Draft 2022 Operating Budget with expenditures of $141,586,665 be approved, which is comprised of the following components:
     1. $70,751,406 for Town purposes;
     2. $17,629,261 for Central York Fire Services (Newmarket’s share);
     3. $3,757,953 for the Newmarket Public Library;
     4. $30,000 for the Main Street District Business Improvement Area (BIA);
     5. $20,291,000 for the Water Rate Group;
     6. $23,684,000 for the Wastewater Rate Group;
     7. $2,644,000 for the Stormwater Rate Group;
     8. $2,799,045 for the Building Permit Rate Group; and,
  4. That a Capital Spending Authority of $89,704,000 be established, being $32,765,000 for 2022 and $33,039,000 for 2023 and $23,900,000 for 2024 & beyond; and,
  5. That the draft 2022 Operating and Capital Budgets be forwarded to the Council meeting of December 13, 2021 for final approval; and,
  6. That Council authorize the Director of Financial Services/Treasurer to:
     1. Make any necessary adjustments within the total approved budget to reflect organizational changes and any other reallocation of costs;
     2. Accept and adjust the budget for new provincial and/or federal funding provided there is no tax levy impact; and,
  7. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.4

2022 Fees and Charges – General

• 1. That the report entitled 2022 Fees and Charges – General dated December 6, 2021 be received; and,
  2. That the attached Schedule “F” Legislative Services – General Fees and Charges, and Schedule “I” - General Fees be approved; and,
  3. That the fee adjustments for all come into full force and effect as of January 1, 2022; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.5

2022 Water and Wastewater Rates

• 1. That the report entitled 2022 Water and Wastewater Rates dated December 6, 2021 be received; and,
  2. That the attached Appendix A being the Town of Newmarket Water and Wastewater Rates be approved and adopted by by-law; and,
  3. That the rates come into full force and effect on January 1, 2022; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.6

2022 Stormwater Rates

• 1. That the report entitled 2022 Stormwater Rates dated December 6, 2021 be received; and,
  2. That Appendix A being the Town of Newmarket 2022 Stormwater Rates be approved; and,
  3. That the rates come into full force and effect on January 1, 2022; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.7

2022 Building Permit Fees and Charges 

• 1. That the report entitled 2022 Building Permit Fees and Charges dated December 6, 2021 be received; and,
  2. That the Appendix A - 2022 Building Permit Fees be approved; and,
  3. That the rates come into full force and effect on January 1, 2022; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.8

2022 User Fees and Charges – Development & Infrastructure

• Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Twinney
  1. That the report entitled 2022 User Fees and Charges – Development & Infrastructure dated December 6, 2021 be received; and,
  2. That Schedule D, E, and H be approved; and,
  3. That the fee adjustments come into full force and effect as of January 1, 2022; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.9

Purchase Card (P-Card) Policy

• 1. That the report entitled Purchase Card (P-Card) Policy dated December 6, 2021 be received; and,
  2. That Schedule G “P-Card Procedures” and the corresponding appendices within Procurement By-law 2014-27 be repealed from the by-law, and that the updated Financial Services P-Card Policy be adopted; and
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.10

2021 Year-End Servicing Allocation Review and Servicing Allocation Policy Update

• 1. That the report entitled 2021 Year-End Servicing Allocation Review and Servicing Allocation Policy Update dated December 6, 2021 be received; and,
  2. That the Town’s remaining servicing capacity (the Town Reserve) of 2966 persons of allocation be maintained for future development, of which, 16 persons is to be held in the Severance Reserve; and,
  3. That Council authorize the Commissioner of Development and Infrastructure Services to amend the agreement made 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, 2021 to December 1, 2022; and,
  4. That Council approve amendments to the Servicing Allocation Policy as outlined in this report; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.11

Zoning By-law Amendment - 281 Main Street North

• Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That the report entitled Zoning By-law Amendment – 281 Main Street North dated December 6, 2021 be received; and, 
  2. That the application for Zoning By-law Amendment, as submitted by 281 Main Street North Inc., for lands known municipally as 281 Main Street North, be approved; and, 
  3. That the Draft Plan of Subdivision approval be extended for three years after the approval of the rezoning; and,
  4. That Marianna Karamyan, of Options Development, 31 Scarsdale Road, Unit 2, North York, ON, M3B 2R2, be notified of this action; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.12

Sole Source Environmental Systems Research Institute (ESRI) Software Renewal

• 1. That the report entitled Sole Source Environmental Systems Research Institute (ESRI) Software Renewal dated December 6, 2021 be received; and,
  2. That the renewal of a three year agreement for the sole source ESRI software be approved; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.13

Single Source – Solar Pole Mounted Radar Speed Boards and Related Technology

• 1. That the report entitled Single Source – Solar Pole Mounted Radar Speed Boards and Related Technology dated December 6, 2021 be received; and,
  2. That a contract with All Traffic Solutions be approved for a term of up to three years; and,
  3. That the acquisition of seven (7) solar, pole mounted, radar speed boards be approved in the amount of $36,190.00 USD, plus applicable taxes; and,
  4. That additional pole mounted, radar speed boards be acquired as needed over the term of the agreement as long as the purchase remains within budget; and,
  5. That a competitive process be started prior to the expiry of the term of this contract, unless it is not possible for reasons which will be explained to Council in a report prior to making additional purchases beyond the end of this term; and, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.14

Central York Fire Services - Cost Recovery Program – Final Pilot Project Update

• 1. That Fire Services Report JCC-2021-13 Cost Recovery Program – Final Pilot Project Update dated 2021-10-25 be received; and,
  2. That Council approve this report and authorize staff to implement the Cost Recovery Program on a permanent basis effective January 1, 2022; and,
  3. That Council approve an increase from 28 hours (FTE 0.8) to 35 hours (FTE 1.0) per week for the Accounts Administrator and change the job classification from permanent part time to a permanent full time position; and,
  4. That Council approve adding Elevator Rescues, Smoke and Carbon Monoxide Alarms to the Cost Recovery Program.
  
  
  
  

6.15

Hydro Revenue Review Report

• An alternate motion was presented and noted below in bold. 

  Moved by: Councillor Woodhouse
  Seconded by: Councillor Kwapis
  1. That the presentation provided by the Director of Financial Services/Treasurer regarding the Hydro Revenue Review be received; and,
  2. That the report entitled Hydro Revenue Review dated December 6, 2021 be received; and,
  3. That investment income received from Newmarket-Tay Power Distribution Lt. be transferred from the tax-supported operating budget to the Asset Replacement Fund effective January 1, 2022; and,
  4. That the tax-supported contributions to the Asset Replacement Fund be reduced by the budgeted amount as an asset; and,
  5. That the Town of Newmarket demand payment of its $22 million promissory note with Newmarket-Tay Hydro Inc.; and,
  6. That the Treasurer be authorized and directed to do all things necessary to give effect to these recommendations.
  
  
  
  Carried

6.16

Bradford Bypass

• Moved by: Councillor Morrison
  Seconded by: Councillor Woodhouse
  1. That sub-items 6.16.1 through 6.16.23 being correspondence regarding the Bradford Bypass be received.
  
  
  
  Carried
• Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Twinney

  Whereas the existing Environmental Assessment for the Bradford Bypass was completed in 1997 and is more than 23 years old and was completed prior to the existence of the Greenbelt and the Lake Simcoe Protection Act;

  Now therefore be it resolved:

  1. That the Council of the Town of Newmarket request the Province of Ontario conduct an updated Class Environmental Assessment for the Bradford Bypass; and,
  2. That in the absence of a new Provincial Class Environmental Assessment, that the Town of Newmarket requests the Impact Assessment Agency of Canada complete a Federal Impact Assessment for the Bradford Bypass Project; and,
  3. That a copy of this motion be forwarded to the Provincial Minister of Transportation, Provincial Minister of the Environment, Conservation and Parks, MPs and MPPs, municipalities in the Lake Simcoe watershed, Association of Municipalities of Ontario and the Lake Simcoe Region Conservation Authority.
  
  
  
  Carried

6.16.1

Correspondence - Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition

6.16.2

Correspondence - Debbie Fletcher-Queen

6.16.3

Correspondence - Catherine Wellesley

6.16.4

Correspondence - Greg Grammatis

6.16.5

Correspondence - Suzanne Kishonti

6.16.6

Correspondence - Teresa Porter

6.16.7

Correspondence - Donna Deneault

6.16.8

Correspondence - Sandy Mackenzie

6.16.9

Correspondence - Franves Lynn

6.16.10

Correspondence - Elaine Adam

6.16.11

Correspondence - Eveline Pos Malkin

6.16.12

Correspondence - Michelle Davies

6.16.13

Correspondence - Pamela Vega

6.16.14

Correspondence - Cindy Boughen

6.16.15

Correspondence - Helen Doner

6.16.16

Correspondence - James Hunter

6.16.17

Correspondence - Anne Gentleman

6.16.18

Correspondence - Fran Bazos

6.16.19

Correspondence - Susan Dowell

6.16.20

Correspondence - Tim Greenwood

6.16.21

Correspondence - Sylvia Bowman

6.16.22

Correspondence - Brent Kopperson, Windfall Ecology Centre

6.16.23

Correspondence - Chris Fuerth

6.17

Elman W. Campbell Museum Board Meeting Minutes of October 21, 2021

• 1. That the Elman W. Campbell Museum Board Meeting Minutes of October 21, 2021 be received.
  
  
  
  

6.18

Newmarket Public Library Meeting Minutes of October 20, 2021

• 1. That the Newmarket Public Library Meeting Minutes of October 20, 2021 be received.
  
  
  
  

6.19

Recommendation Report - 281 Main Street North

7.

Action Items

None.

8.

Notices of Motion

None.

9.

Motions Where Notice has Already been Provided

None.

10.

New Business

10.1

Yard Waste Collection

Deputy Mayor & Regional Councillor Vegh asked for an update from staff on the possibility of extending yard waste collection later in the year. The Director of Public Works Services advised that staff are working with the contractor to investigate options and will report back to Council.

10.2

Traffic Calming Measures - Atkins Drive and Quick Street

Councillor Simon requested an update from staff regarding a traffic report on Atkins Drive. The Commissioner of Development & Infrastructure Services advised that a report was scheduled for Q1 2022.

11.

Closed Session

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Morrison
  1. That the Committee of the Whole resolve into Closed Session to discuss the following matters:
     1. Appeal to the Ontario Land Tribunal (OLT) - 214-218 Main Street Heritage Balcony - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per Section 239(2)(e) of the Municipal Act, 2001.
     2. Appeal to the Ontario Land Tribunal (OLT) - 55 Eagle Street - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per Section 239(2)(e) of the Municipal Act, 2001.
  
  
  
  Carried

  The Committee of the Whole resolved into Closed Session at 4:33 PM.
  The Committee of the Whole (Closed Session) Minutes are recorded under separate cover.
  The Committee of the Whole resumed into Open Session at 5:19 PM

  
  

11.1

Appeal to the Ontario Land Tribunal (OLT) - 214-218 Main Street Heritage Balcony

11.2

Appeal to the Ontario Land Tribunal (OLT) - 55 Eagle Street

12.

Adjournment

• Moved by: Councillor Bisanz
  Seconded by: Councillor Simon
  1. That the meeting be adjourned at 5:19 PM. 
  
  
  
  Carried