Town of Newmarket

Minutes

Council

Meeting #:
Date:
Time:
-
Location:
Council Chambers
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 Broome
  • Councillor Bisanz
Members Absent:
  • Councillor Kwapis
Staff Present:
  • I. McDougall, Acting Chief Administrative Officer/Commissioner of Community Services
  • E. Armchuk, Commissioner of Corporate Services
  • P. Noehammer, Commissioner of Development & Infrastructure Services
  • L. Lyons, Director of Legislative Services/Town Clerk
  • A. Walkom, Legislative Coordinator

The meeting was called to order at 7:00 PM.
Mayor Taylor in the Chair.


No one in attendance came forward to address Council during Open Forum.

The Clerk advised of the following addition to the agenda:

  • Item 5.1: Proclamation of Huron Heights Warriors Football Day

The Clerk advised of the following correction to the agenda:

  • Item 5.3: Ontario Building Partnership Award - Kevin Brodie, VP Operations, Tarion will be attending in place of Howard Bogach, CEO.

The Clerk advised of the following closed session items:

  • Item 15.1: 184-186 Main Street South - Negotiation/Potential Litigation [A position, plan, procedure, criteria or instruction to be applied to any negotiations 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].
  • Item 15.2: Leslie Valley Service Agreement [A position, plan, procedure, criteria or instruction to be applied to any negotiations 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].
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Twinney
    1. That the additions and corrections to the agenda be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)

Councillor Broome declared a conflict related to Closed Session item 15.2: Leslie Valley Service Agreement. She advised that her employer is a potential beneficiary. 

Councillor Simon declared a conflict related to Closed Session item 15.2: Leslie Valley Service Agreement. She advised that a family member's employer is a potential beneficiary. 

Councillor Woodhouse declared a conflict related to sub-item 9.3.1: Labour Relations - Central York Fire Services Collective Agreement. He advised that his son-in-law is employed by Central York Fire Services.

Mayor Taylor congratulated the players of the Huron Heights Warriors Senior Football Team on their outstanding season and declared December 2, 2019 as Huron Heights Warriors Football Day.

Peter Sturrup, Chair of the Newmarket Celebrates the Arts Committee, presented the recipients of the 2019 Newmarket Celebrates the Arts grant. Members of Council congratulated the recipients on their accomplishments.

The Commissioner of Development & Infrastructure Services provided an introduction to the presentation. Kevin Brodie, VP Operations representing Tarion, Aubrey Leblanc, CAO, Ontario Building Officials Association and Joe Vacarro, CEO, Ontario Home Builders’ Association presented the Ontario Building Partnership Award to David Potter, Chief Building Official. The presentation included an overview of David Potter's career achievements and contributions to the field.

  • Moved by:Councillor Bisanz
    Seconded by:Councillor Broome
    1. That the presentations regarding Newmarket Celebrates the Arts - Grant Recipient Recognition and the Ontario Building Partnership Award be received.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)

None.

  • Moved by:Councillor Simon
    Seconded by:Deputy Mayor & Regional Councillor Vegh
    1. That the Council Meeting Minutes of November 11, 2019 be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)

Deputy Mayor & Regional Councillor Vegh advised of the ongoing York Region budget process which includes a proposed budget increase of 1.7% and reserve contributions of 1.26% for a total of 2.96%. He advised this equates to an average increase of $75 per household. He provided a breakdown of the composition of the budget and advised of some of the challenges for budgeting due to provincial legislation.

Mayor Taylor advised that York Region contributes approximately $500 million per year to reserves and that the amount held in reserves will soon exceed the Region's debt. He advised that an additional amount has been included to start a reserve for future subway funding. 

  • Moved by:Councillor Broome
    Seconded by:Councillor Twinney
    1. That the Special Committee of the Whole Meeting Minutes of November 11, 2019 be received and the recommendations noted within be adopted.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
    1. That the presentation provided by the Director of Financial Services/Treasurer regarding the Tax-Supported Operating Budget be received. 
    1. That the report entitled 2020 Preliminary Draft Tax-Supported Operating Budgets dated November 11, 2019 be received; and,
    2. That subject to any additional direction from Committee, that the proposed budget be incorporated into the Draft Budgets to be presented to Committee of the Whole on November 25, 2019.
  • Moved by:Councillor Simon
    Seconded by:Councillor Twinney
    1. That the Committee of the Whole Meeting Minutes of November 25, 2019 be received and the recommendations noted within be adopted with the exception of sub-item 9.2.2. See following sub-item 9.2.2 for motion and recorded vote.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Deputy Mayor & Regional Councillor Vegh
    Seconded by:Councillor Woodhouse
    1. That the presentation regarding the Draft 2020 Budget provided by the Director of Financial Services/Treasurer be received; and,
    2. That the report entitled Draft 2020 Operating and Capital Budgets dated November 25, 2019 be received; and
    3. That the Draft 2020 Operating Budget with expenditures of $134,580,230 be approved, which is comprised of the following components:
      1. $65,249,417 for Town purposes
      2. $17,286,952 for Central York Fire Services (Newmarket’s share)
      3. $3,717,875 for the Newmarket Public Library
      4. $1,710,000 for the Mulock Farm levy
      5. $30,000 for the Newmarket Downtown Business Improvement Area (BIA)
      6. $20,379,125 for the Water Rate Group
      7. $21,321,864 for the Wastewater Rate Group
      8. $2,141,135 for the Stormwater Rate Group
      9. $2,743,862 for the Building Permit Rate Group; and,
    4. That a Capital Spending Authority of $50,620,079 be established, being $37,810,575 for 2020 and $12,809,504 for 2021; and,
    5. That the draft 2020 Operating and Capital Budgets be forwarded to the Council meeting of December 2, 2019 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 Council approve a $20,000 request from Neighbourhood Network for sponsorship of a collaborative approach to diversity to be included as an operating budget item and funded from an appropriate reserve fund; and,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
    1. That the report entitled Recreation & Culture – Rates & Fees, 2020 dated Nov 25, 2019 be received; and,
    2. That the Schedules “A(1) to A(16)” marked as the Town of Newmarket Recreation & Culture Services Fees and Charges Schedules be approved by Bylaw; and,
    3. That the Recommending A Strategy (RAS) surcharge that is currently applied as an additional charge to all facility permits and program registrations be amended as set forth in Schedules “A(1) to A(16); and,
    4. That the fee adjustments for 2020 come into full force and affect as of January 1, 2020, save and except for program fees where the program began prior to March 1st, 2020; and,
    5. That fee increases for above noted program take affect as of March 1st, 2020; and,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled 2020 Water and Wastewater Rates dated November 25, 2019 be received; and,
    2. That the attached Schedule “A” being the Town of Newmarket Water and Wastewater Rates be approved and adopted by by-law; and,
    3. That the Water and Wastewater Rates adjustments come into full force and effect as of January 1, 2020.
    1. That the report entitled 2020 Stormwater Rates dated November 25, 2019 be received; and,
    2. That the attached Schedule “A” being the Town of Newmarket 2020 Stormwater Rates be approved and adopted by by-law; and,
    3. That the 2020 Stormwater Rates come into full force and effect as of January 1, 2020.
    1. That the report entitled 2020 User Fees and Charges – Planning Act Fees dated November 25, 2019 be received; and,
    2. That the attached Schedule “A” being the Town of Newmarket 2020 Planning Application Fees Schedule be approved and adopted by by-law; and,
    3. That the fee adjustments come into full force and effect as of January 1, 2020.
    1. That the report entitled 2020 Building Permit Fees dated November 25, 2019 be received; and,
    2. That the attached Schedule “A” being the Town of Newmarket 2020 Building Permit Fee Schedule be approved and adopted by by-law; and,
    3. That the fee adjustments come into full force and effect as of January 20, 2020.
    1. That the report entitled 2020 Fees and Charges – General – Various Departments dated November 25, 2019 be received; and,
    2. That the attached Schedules “A”, “B”, “C”, “D”, “E” and “F” marked as the Town of Newmarket 2020 All Departments, Corporate Services – Finance & Procurement, IT, Legal Services, Public Works Services, Engineering Services, Legislative Services respectively, be approved and adopted by by-law; and,
    3. That the fee adjustments come into full force and effect as of January 1, 2020.
    1. That the report entitled Established Neighbourhoods Study – Interim Control By-law dated November 25, 2019 be received; and,
    2. That the By-law included as Attachment 2 be adopted; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 for 81 Joseph Street dated November 25th, 2019 be received; and,
    2. That Council approve the requested site-specific exemption to Interim Control by-law 2019-04 for 81 Joseph Street and adopt the attached exemption by-law.
    1. That the report entitled Bill 108 – Planning Review Process Changes dated November 25, 2019 be received; and,
    2. That Council endorse the recommended process changes; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Adoption of the Emergency Response Plan dated November 12, 2019 be received; and,
    2. That the updated Emergency Response Plan be enacted; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Regional Incentive Programs – 175 Deerfield Road dated November 25, 2019 be received; and,
    2. That the amended incentives for the 175 Deerfield Road development be approved to align with the new Regional incentive program as presented in this report; and,
    3. That staff be directed to review the newly-adopted Regional incentive programs for rental housing and office developments and provide recommendations on how to maximize benefit to Newmarket; and,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled VivaNext Bus Rapid Transit Y3.2 Yonge Street Noise By-law Exemption dated November 25, 2019 be received; and,
    2. That the request from RapidLINK for a noise exemption to perform necessary works for the vivaNext Bus Rapid Transit Y3.2 project between the hours of 8:00 PM to 7:00 AM on weekdays, and between the hours of 5:00 PM to 9:00 AM on weekends from January 1, 2020 until December 31, 2020 (7 days a week), be approved; excluding December 25, 2020 (Christmas Day) and December 26, 2020 (Boxing Day); and,
    3. That this approval is subject to ongoing staff supervision and community impact assessment and revocation if community impact is deemed excessive by staff or Council; and,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  • Whereas, the Town of Newmarket recognizes the important role that libraries play in our community. Libraries and the early literacy programs that they run are integral to developing proficient readers and ensuring that children succeed in school. More and more, digital literacy programs run by libraries also help ensure that citizens can contribute to our digital world. Additionally, vulnerable demographic groups, including seniors, low income families, youth, and new Canadians rely on access to libraries as an important tool for their participation in the community – from education to searching for jobs to consuming Canadian cultural materials; and,

    Whereas, libraries in our community recognize that our users increasingly seek to access ebooks and other e-content offered by multinational publishers, and that access to those publications is too often curtailed by prohibitively high licensing fees or else entirely denied to Canadian libraries; and,

    Whereas, libraries must be in a position to offer e-books and other e-content to their users as part of their service offering to our community, particularly given the contemporary rapid pace of digitization of educational and cultural materials.

    Now, therefore be it resolved that the Town of Newmarket does hereby:

    1. Indicate our support for the Canadian Urban Libraries Council in its efforts to increase access to ebooks and other econtent for library users in Newmarket and across Canada; and,
    2. Call on the federal government to investigate the barriers faced by libraries in acquiring ebooks and other econtent and the problems that poses for vulnerable demographic groups in Canada; and,
    3. Further ask the federal government to develop a solution that increases access to ebooks and other econtent across Canada and assists libraries in meeting the cost requirements to acquire e-books and other e-content.
    1. That the Central York Fire Services – Joint Council Committee Special Meeting (Closed Session) Minutes of September 11, 2019 be received.
    1. That the Elman W. Campbell Museum Board of Management Meeting Minutes of September 19, 2019 be received.
    1. That Council refer the following to staff for review and report:
      1. That the Heritage Newmarket Advisory Committee recommend to Council that the windows in the Stickwood Walker House be replaced only if it can be demonstrated that they cannot be restored; and,
      2. That the tail wing structure of the house be restored.
    1. That the Main Street District Business Improvement Area Annual General Meeting Minutes of November 20, 2018 and General Meeting Minutes of March 27, 2019 be received.
    1. That the outstanding matters list be received. 
    1. That the presentation regarding Glenway High Density Block 164 - 165 provided by Joanne Barnett, Richard Zelinka, and Peter Slama be received; and,
    2. That the deputations provided by Roland Garfit, Maged Youssef, Daniel Williams and Kai Deuitch regarding Glenway High Density Block 164 - 165 be received.
  • Moved by:Councillor Morrison
    Seconded by:Councillor Broome
    1. That the Committee of the Whole Meeting (Closed Session) Minutes of November 25, 2019 be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Councillor Bisanz
    Seconded by:Councillor Broome
    1. That Closed Session Report 2019-09, dated November 25th, 2019 entitled “Labour Relations” be received; and,
    2. That the confidential direction provided to staff in Closed Session Report 2019-09 be approved.
    In Favour (7)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (7 to 0)

    Councillor Woodhouse took no part in the discussion or vote on the foregoing matter due to a declared conflict.


  • Moved by:Councillor Morrison
    Seconded by:Councillor Twinney
    1. That Closed Session Report 2019-11, dated November 25th, 2019 entitled “Old Fire Hall – 140 Main Street – Request for Proposals for Adaptive Re-use” be received; and,
    2. That the confidential direction provided to staff in Closed Session Report 2019-11 be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Councillor Simon
    Seconded by:Councillor Woodhouse
    1. That Closed Session Economic Development Report 2019-09, dated November 25, 2019 entitled “Stickwood-Walker Farmhouse” be received; and,
    2. That the confidential direction provided to staff in Closed Session Report 2019-09 be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Councillor Broome
    Seconded by:Councillor Simon
    1. That Closed Session Report 2019-12, dated November 25, 2019, entitled “Proposed Settlement regarding Sabrina’s Restaurant Litigation” be received; and,
    2. That the confidential direction to staff in Closed Session Report 2019-12 be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Councillor Bisanz
    Seconded by:Councillor Broome

    That Council approve the following:

    1. That Report No. OPS19-025 be received; and,
    2. That the revised design of Station 4-5 be approved; and,
    3. That the revised budget of $13,567,727 be approved with funding as follows:
      1. $11,000,000 from original funding sources; and,
      2. $1,650,000 from reserves, as a 15% variance for a Class "C" estimate; and,
      3. $917,727 from operational savings including but not limited to delayed hirings through 2020 and 2021.
    4. That the Joint Council Committee (JCC) recommend that the tender be awarded to REMO General Contracting Ltd. in the amount of $10,836,817.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Councillor Broome
    Seconded by:Councillor Woodhouse
    1. That By-laws 2019-75, 2019-76, 2019-77, 2019-78, 2019-79, 2019-80, 2019-81, and 2019-82 be enacted.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)

12.

None.

Deputy Mayor & Regional Councillor Vegh wished Council Members and residents the best for the holiday season and a Happy New Year.

Councillor Woodhouse advised residents of a new program at the Newmarket Public Library which will bring a clinic to the Library every second Wednesday and include mental health service. He also advised of upcoming events including Local Hack Day, a workshop on Kombucha home brewing and Holiday film screenings.

Councillor Broome advised of the Public Information Centre to be held December 10, 2019 regarding Short Term Rental Accommodations.

Councillor Simon invited residents to Frozen Fridays to be held every Friday from December 6, 2019 to January 3, 2020 at Riverwalk Commons.

Councillor Bisanz advised that the Newmarket African Caribbean Canadian Association will be launching the Ujamaa Marketplace on February 8, 2020, from 10:00 AM to 3:00 PM on the main level of the Old Town Hall.

Councillor Morrison invited residents to upcoming Elman W. Campbell Museum events including the Gallery Of Festive Heritage Trees exhibit and the Cocoa and Cookies event. 

Councillor Morrison invited residents to a Ward 4 meeting on January 22, 2020.

Mayor Taylor invited residents to the Mayor's New Years Levee on Friday, January 10, 2020 from 6:30 PM to 9:30 PM at Riverwalk Commons and the Community Centre & Lions Hall.

None.

  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Bisanz
    1. That Council resolve into Closed Session to discuss the following matters:
      1. 184-186 Main Street South - Negotiation/Potential Litigation [A position, plan, procedure, criteria or instruction to be applied to any negotiations 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]
      2. Leslie Valley Service Agreement [A position, plan, procedure, criteria or instruction to be applied to any negotiations 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]
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)

    Council resolved into Closed Session at 8:04 PM.
    Council (Closed Session) Minutes are recorded under separate cover.
    Council resumed into Open Session at 8:54 PM.


  • Moved by:Councillor Bisanz
    Seconded by:Councillor Morrison
    1. That Closed Session Report 2019-13 dated December 2, 2019 be received; and,
    2. That the confidential direction to staff in Closed Session Report 2019-13 be approved.
    In Favour (8)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Simon, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, Councillor Broome, and Councillor Bisanz
    Carried (8 to 0)
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Twinney
    1. That Closed Session Report 2019-14 dated December 2, 2019 be received; and,
    2. That the Commissioner of Development and Infrastructure Services and the Director of Public Works Services be directed to execute the Leslie Valley Servicing Agreement.
    In Favour (6)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Woodhouse, Councillor Twinney, Councillor Morrison, and Councillor Bisanz
    Carried (6 to 0)

    Councillor Broome and Councillor Simon took no part in the discussion or vote on the foregoing matter due to a declared conflict.


  • Moved by:Councillor Morrison
    Seconded by:Councillor Broome
    1. That By-law 2019-83 be enacted.
    Carried
  • Moved by:Councillor Woodhouse
    Seconded by:Deputy Mayor & Regional Councillor Vegh
    1. That the meeting be adjourned at 8:56 PM.
    Carried
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