Town of Newmarket

Minutes

Council

Meeting #:

Date:

Monday, December 11, 2023

Time:

1:00 P.m. - 6:00 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
• J. Payne, Commissioner, Community Services
• L. Lyons, Director of Legislative Services/Town Clerk
• K. Saini, Deputy Town Clerk
• C. Service, Director of Recreation & Culture
• S. Granat, Legislative Coordinator
• E. Thomas-Hopkins, Legislative Coordinator

The meeting was called to order at 1:02 PM.

Mayor Taylor in the Chair.

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1.

Notice

Mayor Taylor acknowledged that the Town of Newmarket is located on the traditional territories of the Wendat, Haudeno-saunee, and the Anishinaabe peoples and the treaty land of the Williams Treaties First Nations and other Indigenous peoples whose presence here continues to this day. He thanked them for sharing this land with us. Mayor Taylor also acknowledged the Chippewas of Georgina Island First Nation as our close neighbours and friends, and that we work to ensure a cooperative and respectful relationship.

Mayor Taylor advised that the Municipal Offices are open to the public and 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 [email protected] or by providing a deputation electronically or in-person. He advised residents that their comments would form part of the public record.

2.

Additions & Corrections to the Agenda

The Clerk provided the following additions and corrections to the agenda: 

Additions:

• Item 6.2 deputation from Stuart Leigh, Newmarket Pickleball Club, regarding Follow Up on the Provision of Pickleball Report. 
• Item 6.3 deputation from Kneil Dumont regarding Follow Up on the Provision of Pickleball Report. 
• Item 9.2.1 correspondence from Stephanie Dumont regarding Follow Up on the Provision of Pickleball Report.
• Item 9.2.2 correspondence from Lucia Benedict regarding Follow Up on the Provision of Pickleball Report.
• Item 9.2.3 correspondence from Anthony Benedict regarding Follow Up on the Provision of Pickleball Report.
• Item 9.2.4 correspondence from Noreen Nause regarding Follow Up on the Provision of Pickleball Report.
• Item 9.2.5 correspondence from Mark Collis regarding Follow Up on the Provision of Pickleball Report.
• Item 9.3 Consent Item - Off-Street Parking Program Extension Report 
• Item 9.4 correspondence from David Lam regarding Cannabis Retail Storefronts 
• Item 9.5 correspondence from David Lam and Sandy Sui regarding Cannabis Retail Storefronts
• Item 14.2 Closed Session Item regarding personal matters about an identifiable individual. 

Correction:

• Item 6.1 - Rianna Ford will provide the deputation alone, Cyrus Hambaz and Bret Unger were unable to attend. 

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the additions and corrections to the agenda be approved. 
  Carried

3.

Conflict of Interest Declarations

None.

4.

Public Hearing Matter(s)

None.

5.

Presentations & Recognitions

None.

6.

Deputations

6.1

Cannabis Retail Storefronts

Rianna Ford, Re.UP and The Loud, provided a deputation to Council regarding legal retail cannabis storefronts in the Town of Newmarket. 

• Moved by: Councillor Simon
  Seconded by: Councillor Kwapis
  1. That the deputation provided by Rianna Ford, Re.UP and The Loud, regarding Cannabis Retail Storefronts be received. 
  Carried

6.2

Update on Provision of Pickleball Report

Stuart Leigh, Newmarket Pickleball Club, provided a deputation regarding the Update on the Provision of Pickleball including the growing membership of the Newmarket Pickleball Club, health benefits of pickleball, and an overview of programming at Newmarket Pickleball Club.

• Moved by: Councillor Twinney
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the deputation provided by Stuart Leigh, Newmarket Pickleball Club, regarding the Update on Provision of Pickleball, be received. 
  Carried

6.3

Update on Provision of Pickleball Report

Kneil Dumont provided a deputation regarding the Update on Provision of Pickleball including consultation with residents, noise concerns, increased traffic volume in the area, privacy concerns, location, and consideration of additional locations for the court. 

• Moved by: Councillor Twinney
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the deputation provided by Kneil Dumont, regarding the Update on Provision of Pickleball, be received.
  Carried

6.4

Follow Up on the Provision of Pickleball Memorandum

Craig Bates provided a deputation on the Follow Up on the Provision of Pickleball Memorandum including the consideration of the field location, speeding, increased traffic and parking, floodplain concerns, other Town events that take place in the park, indoor recreational facilities, bookings, generated revenue, and public consultation.

• Moved by: Councillor Twinney
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the deputation provided by Craig Bates regarding the Follow Up on Provision of Pickleball Memorandum be received. 
  Carried

6.5

Update on Provision of Pickleball Report

Jeff Biersteker provided a deputation regarding the Update on Provision of Pickleball including consultation, parking, loitering, using Ray Twinney Recreation Complex, and recent renovations of the fields at George Richardson Park.

• Moved by: Councillor Twinney
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the deputation provided by Jeff Biersteker, regarding the Update on Provision of Pickleball, be received. 
  Carried

7.

Minutes

7.1

Council Meeting Minutes of November 20, 2023

• Moved by: Councillor Kwapis
  Seconded by: Councillor Morrison
  1. That the Council Meeting Minutes of November 20, 2023 be approved.
  Carried

8.

Reports by Regional Representatives

Deputy Mayor and Regional Councillor Vegh provided a verbal update on the recent Regional Council meeting including discussions regarding the York Region Budget with an expected regional tax increase of 3.75% to address issues facing the region including inflation and increased construction costs. The Regional Council meeting on December 21 will finalize the Regional budget.

Deputy Mayor and Regional Councillor Vegh also discussed presentations from all budget areas including the Toronto Region Conservation Authority and Lake Simcoe Region Conservation Authority, and York Regional Police.

Mayor Taylor provided a verbal update on the Regional operating and capital budgets, 10-year Regional capital plan budget, and encourages those interested to review the region's fiscal and debt strategies which outlines the impacts of Bill 23.

9.

Consent Items and Recommendations from Committees 

9.1

Committee of the Whole Meeting Minutes of December 4, 2023

• Moved by: Councillor Simon
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the Committee of the Whole Meeting Minutes of December 4, 2023 be approved and the recommendations noted within sub items: 9.1.1 to 9.1.7 and 9.1.9 to 9.1.12 be adopted. See 9.1.8 for motion.
  Carried

9.1.1

2024 Draft Operating and Capital Budgets

• 1. That the report entitled 2024 Draft Operating and Capital Budgets dated December 4, 2023 be received; and,
  2. That the Draft 2024 Operating Budget be amended to include a 1% levy for the Recreation Capital Levy with revised expenditures of $160,088,866 be approved, which is comprised of the following components:
     1. $ 76,983,090 for Town purposes; and,
     2. $ 18,656,466 for Central York Fire Services (Newmarket’s share); and,
     3. $ 3,944,435 for the Newmarket Public Library; and,
     4. $ 30,000 for the Main Street District Business Improvement Area (BIA); and,
     5. $ 22,099,311 for the Water Rate Group; and,
     6. $ 25,834,649 for the Wastewater Rate Group; and,
     7. $ 9,598,690 for the Stormwater Rate Group; and,
     8. $ 2,942,225 for the Building Permit Rate Group; and,
  3. That the amended Capital Spending Authority of $136,224,700 as outlined in the report be established, being $70,606,000 for 2024 and $65,618,700 for 2025 and beyond; and,
  4. That the draft 2024 Operating and Capital Budgets be forwarded to the Council meeting of December 11, 2023 for final approval; and,
  5. 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; and,
     2. Accept and adjust the budget for new provincial and/or federal funding provided there is no tax levy impact; and,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.2

2024 Fees and Charges Overarching Report

• 1. That the report entitled 2024 Fees and Charges Overarching Report dated December 4, 2023, be received; and,
  2. That the attached Fees and Charges Schedules “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, “I”, “J”, “K”, marked as Recreation Culture Services, Corporate Services, Public Works and Parks, Engineering Services, Legislative Services – General Fees and Licensing, Fire Services, Planning, General Fees, Building Permit, and Planning Processing Fees be approved and adopted by by-law; and,
  3. That the fee adjustments come into full force and effect as of January 1, 2024; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.3

Official Plan Amendment Number 37: Planning Act Changes and Streamlining Development Approvals

• 1. That the report entitled Official Plan Amendment Number 37: Planning Act Changes and Streamlining Development Approvals dated December 4, 2023 be received; and,
  2. That Official Plan Amendment Number 37 attached as Attachment 1 be adopted; and,
  3. That the proposed changes relating to the “area of employment” definition as discussed at the statutory public meeting be deferred to a future, separate Official Plan Amendment; and,
  4. That the Town’s Delegation Authority By-law 2016-17, as amended, be further amended to delegate the approval authorities of passing temporary use by-laws, removal of holding provisions, and signing heritage permits to the Director of Planning and Building Services or his or her designate; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4

2023 Year-end Servicing Allocation Review

• 1. That the report entitled 2023 Year-end Servicing Allocation Review dated December 4, 2023 be received; and,
  2. That Council commit 98 persons of servicing allocation to Landmark Estates; and,
  3. That the conditional servicing allocation commitments for 281 Main Street North (40 persons) be rescinded; and,
  4. That Council authorize the transfer of 66 persons of servicing capacity from Redwood Properties Phase 2 to Redwood Properties Phase 1; and,
  5. That the distribution of the available servicing capacity of 5,666 persons be reviewed as part of the 2024 annual servicing allocation review; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4.1

Correspondence - Frank Orsi, 1209104 Ontario Incorporated - 2023 Year-end Serving Allocation Review

• 1. That the correspondence from Frank Orsi, 1209104 Ontario Incorporated Regarding 2023 Year-end Servicing Allocation Review be received.

9.1.5

Zoning By-law Amendment - 99,103,105 Main Street South, Part of 115 Main Street South and 454, 462, and 466 Queen Street, 99 Main Street Inc.

• 1. That the report entitled Zoning By-law Amendment – 99,103,105 Main Street South, part of 115 Main Street South, and 454, 462, and 466 Queen Street, 99 Main Street Inc., dated December 4, 2023 be received; and,
  2. That the application for Zoning By-law Amendment be approved; and,
  3. That Staff be directed to bring forward the By-law, including the necessary Holding provisions as amended, to Council for approval; and,
  4. That the parking reduction described in this report be approved as a site-specific pilot program and that staff be directed to monitor parking usage on-site and parking-related complaints in the vicinity of the development for a period of three years; and,
  5. That 99 Main Street Inc. and LARKIN+ Land Use Planners Inc. be notified of this action; and, and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.6

Official Plan Amendment and Rezoning - 17175 Yonge Street, St. Maurice and St. Verena Coptic Orthodox Church

• 1. That the report entitled Official Plan Amendment and Rezoning – 17175 Yonge Street, St. Maurice and St. Verena Coptic Orthodox Church dated December 4 2023, be received; and,
  2. That the application for an Official Plan Amendment be adopted; and,
  3. That the application for a Zoning By-law Amendment be approved; and,
  4. That Staff be directed to bring forward the By-laws, including the necessary Holding provisions, to Council for approval; and,
  5. That Malone Given Parsons Ltd. and St. Maurice and St. Verena Coptic Orthodox Church be notified of this action; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.7

Extension to Legacy Payroll Tax Solution

• 1. That the report entitled Extension to Legacy Payroll Tax Solution dated December 4, 2023 be received; and,
  2. That Staff continue to work with Vertex Inc. (“Vertex”) on a non-competitive basis for the next five years from November 1^st 2023, at an approximate cost of $125,000 plus HST; and,
  3. That the Director of Information Technology and the Manager, Procurement Services be authorized to execute any agreements or documents that are necessary; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.8

Update on Provision of Pickleball

• An alternative motion was presented and is noted below in bold:

  Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the deputation by Craig Bates regarding the Update on the Provision of Pickleball be received; and,
  2. That the report entitled Update on Provision of Pickleball dated December 4^th, 2023 be received; and,
  3. That Staff report back to Council in January 2024 recommending a final site location with specific noise mitigation measures for that site; and,
  4. That Staff be authorized to undertake design and costing for this new pickleball facility with project scope to include 14 to 20 pickleball courts, a scalable clubhouse and a provision for bubbling be approved; and,
  5. That the bubbled facility operating plan included in this report be approved in principle; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.1.9

Central York Fire Services Joint Council Committee Meeting Minutes of September 5, 2023 and October 3, 2023

• 1. That the Central York Fire Services Joint Council Committee Meeting Minutes of September 5, 2023 and October 3, 2023 be received.

9.1.10

Heritage Newmarket Advisory Committee meeting minutes of October 17, 2023

• 1. That the Heritage Newmarket Advisory Committee meeting minutes of October 17, 2023 be received.

9.1.11

Newmarket Public Library Meeting Minutes of October 18, 2023

• 1. That the Newmarket Public Library Meeting Minutes of October 18, 2023 be received. 

9.1.12

Temporary Patio Program Policy

• 1. That the report entitled Temporary Patio Program Policy dated December 4, 2023 be received; and,
  2. That Council approve Staff’s proposed Temporary Patio Program Policy; and,
  3. That Council direct Staff to proceed with Parking Space Patios outlined under Option 1 in the report but with a maximum of six (6) Parking Space Patios; and,
  4. That Council amend Fees and Charges By-law 2022-62, and Delegated Authority By-law 2016-17 and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this.

9.2

Follow Up on the Provision of Pickleball Memorandum

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the memo to Council titled Follow Up on the Provision of Pickle Ball dated December 5, 2023 be received. 
  Carried

9.2.1

Correspondence - Stephanie Dumont - Follow Up on the Provision of Pickleball Report

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Twinney
  1. That the correspondence from Stephanie Dumont regarding the Follow Up on the Provision of Pickleball Report be received.
  Carried

9.2.2

Correspondence - Lucia Benedict - Follow Up on the Provision of Pickleball Report

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the correspondence from Lucia Benedict regarding the Follow Up on the Provision of Pickleball Report be received.
  Carried

9.2.3

Correspondence - Anthony Benedict - Follow Up on the Provision of Pickle Ball Report

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the correspondence from Anthony Benedict regarding the Follow Up on the Provision of Pickleball Report be received.
  Carried

9.2.4

Correspondence - Noreen Nause - Follow Up on the Provision of Pickleball Report

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the correspondence from Noreen Nause regarding the Follow Up on the Provision of Pickleball Report be received.
  Carried

9.2.5

Correspondence - Mark Collis - Follow Up on the Provision of Pickleball Report

Add second correspondence from December 14, 2023

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the correspondence from Mark Collis regarding Follow Up on the Provision of Pickleball Report be received. 
  Carried

9.3

Off-Street Parking Program Extension

• An alternative motion was presented and is noted below in bold:

  Moved by: Councillor Twinney
  Seconded by: Councillor Morrison
  1. That the report entitled Off-Street Parking Program Extension dated December 11^th, 2023 be received; and,
  2. That Council approve the addition of Bonshaw Park and a parking lot in George Richardson Park to be determined by staff; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  Carried

9.4

Correspondence - David Lam - Cannabis Retail Storefronts 

• Moved by: Councillor Morrison
  Seconded by: Councillor Simon
  1. That the correspondence from David Lam regarding Cannabis Retail Storefronts be received. 
  Carried

9.5

Correspondence - David Lam and Sandy Siu - Cannabis Retail Storefronts

• Moved by: Councillor Morrison
  Seconded by: Councillor Simon
  1. That the correspondence from David Lam and Sandy Sui regarding Cannabis Retail Storefronts be received. 
  Carried

10.

By-laws

• Moved by: Councillor Bisanz
  Seconded by: Councillor Broome
  1. That By-laws 2023-67, 2023-68, 2023-69, 2023-70, 2023-71, 2023-72, 2023-73, 2023-74, 2023-75, and 2023-76 be enacted.
  Carried

11.

Notices of Motions

None.

12.

Motions Where Notice has Already been Provided

None.

13.

New Business

13.1

Walpole Parking Petition

Councillor Simon submitted two petitions on behalf of residents on Walpole Crescent and Lumsden Drive for Staff to review and report back to Council on recommendations to address parking concerns. 

• Moved by: Councillor Simon
  Seconded by: Councillor Kwapis
  1. That the petition from residents on Walpole Crescent and Lumsden Drive be received; and,
  2. That Staff be directed to review and report back to Council regarding the Walpole Crescent and Lumsden Drive parking petitions.
  Carried

13.2

Councillor Kwapis Community Updates

Councillor Kwapis thanked everyone in the community who helped celebrate Hanukkah. Councillor Kwapis also wanted to remind residents that Frozen Fridays continue throughout December at Riverwalk Commons and includes music, skating, hot chocolate and fire shows. Councillor Kwapis thanked staff for helping the Business Improvement Area find additional parking for the holiday season. Councillor Kwapis advised that the skating rink by the Lions Club is not yet ready and asked that the community refrains from using the rink until it is ready to prevent damages. Councillor Kwapis wishes residents a safe and happy Holidays.

13.3

Huron Heights Warriors Win

Councillor Twinney congratulated the Huron Heights Warriors on their wins for both their junior and senior teams where they won the Golden Horseshow Bowl and Metro Bowl.

13.4

Thanks to Staff and the Community

Councillor Broome thanked the community for their involvement the past year and wished a happy holiday season. Councillor Broome also thanked Staff for their work this past year.

Mayor Taylor wished the community a happy holidays and Merry Christmas and thanked Staff for their work the past year and to those who will work over the holidays. Mayor Taylor introduced a video showcasing 2023 Town of Newmarket events that were held with the help from sponsors. 

14.

Closed Session

• Council resolved into Closed Session at 2:27 PM.

  Council (Closed Session) minutes are recorded under a separate cover.

  Council resumed into Open Session at 2:40 PM.

  Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That Council resolve into Closed Session to discuss the following matters:
     1. Committee of the Whole Meeting Minutes (Closed Session) of December 4, 2023
        1. Consideration of an Acting Fire Chief
     2. Personal matters about an identifiable individual, including municipal employees as per section 239(2)(b) of the Municipal Act, 2001.
  Carried

14.1

Committee of the Whole Meeting Minutes (Closed Session) of December 4, 2023

• Moved by: Councillor Twinney
  Seconded by: Councillor Simon
  1. That the Committee of the Whole Meeting Minutes (Closed Session) of December 4, 2023 be approved. 
  Carried

14.1.1

Consideration of an Acting Fire Chief

• Moved by: Councillor Broome
  Seconded by: Councillor Morrison
  1. That the confidential direction given to Staff on December 4, 2023 regarding Consideration of an Acting Fire Chief be approved.
  Carried

14.2

Personal matters about an identifiable individual, including municipal employees as per section 239(2)(b) of the Municipal Act, 2001.

15.

Confirmatory By-law

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Kwapis
  1. That By-law 2023-77 be enacted.
  Carried

16.

Adjournment

• Moved by: Councillor Twinney
  Seconded by: Councillor Simon
  1. That the meeting be adjourned at 2:41 PM.
  Carried