Town of Newmarket

Agenda

Committee of the Whole

Meeting #:
Date:	Tuesday, May 21, 2019
Time:	10:00 A.m. - 3:30 P.m.
Location:	Council Chambers Municipal Offices 395 Mulock Drive Newmarket, ON L3Y 4X7

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1.

Additions & Corrections to the Agenda

2.

Declarations of Pecuniary Interest

3.

Presentations & Recognitions

3.1

Regulations for Smoking By-law

Note: Kiran Saini, Deputy Town Clerk will be in attendance to provide a presentation on this matter.

3.2

Development Charges (12:30 PM)

Note: This item will be considered from 12:30 PM onward.

Nataliya Kelbas, Consultant, Hemson Consulting Ltd. will be in attendance to provide a presentation on this matter.

4.

Deputations

4.1

Regulations for Smoking By-law

Note: Nagwa Mounir will be in attendance to provide a deputation on this matter.

4.2

Application for Zoning By-Law Amendment - 247 and 251 Kathryn Crescent

Note: Jim Arlow will be in attendance to provide a deputation on this matter.

4.3

2019 Annual Servicing Allocation Review

Note: Joanna Fast, Evans Planning Inc. will be in attendance to provide a deputation on this matter.

4.4

2019 Annual Servicing Allocation Review

Note: A representative of Macaulay Shiomi Howson Ltd. will be in attendance to provide a deputation on this matter.

5.

Consent Items

5.1

Regulations for Smoking By-law

• 1.  That the report entitled Regulations for Smoking By-law dated May 21, 2019 be received; and,
  2.  That Smoking By-law be enacted; and,
  3.  That Delegation By-law 2016-17 be amended; and,
  4.  That Parks By-law 2013-14 be amended; and,
  5.  That Staff be authorized and directed to do all things necessary to give effect to this resolution.

   

5.2

Potential Redevelopment – 693 & 713 Davis Drive and 35 Patterson Street (Hollingsworth Arena Site) (12:30 PM)

Note: This item will be considered from 12:30 PM onward.

This item was deferred from the April 29, 2019 meeting of the Committee of the Whole.

• 1. That the report entitled “Potential Redevelopment - 693 & 713 Davis Drive and 35 Patterson Street (Hollingsworth Arena Site)”, dated April 29, 2019 be received;
  2. That Council endorse in principle the notion of redeveloping the entirety of the properties municipally known as 693 Davis Drive, 713 Davis Drive and 35 Patterson Street, in a manner generally consistent with the conceptual drawings entitled “Scenario 2 – Site Plan” and “Scenario 2 – Aerial View”, attached to this Report, prepared by the Briarwood Development Group, dated December 7, 2018; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.3

Site Specific Exemptions to Interim Control By-Law 2019-04

Note: This item was deferred from the May 6, 2019 meeting of Council.

• 1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 dated April 29, 2019 be received.

5.4

Updated Exemption Process for Interim Control Bylaw 2019-04

• 1. That the report entitled Updated Exemption Process for Interim Control By-law 2019-04 dated May 21, 2019 be received; and, 
  2. That Council approve the updated process for exemption from Interim Control By-law 2019-04, as outlined in this report.

5.5

By-Law to Regulate Backflow Prevention

• 1. That the report entitled By-Law to Regulate Backflow Prevention dated March 13, 2019 be received; and,
  2. That Council adopt a New Backflow Prevention Bylaw to regulate the installation and testing of backflow preventers, as described in this report and set out in Attachment 1; and,
  3. That a copy of The Town of Newmarket’s Backflow Prevention Bylaw be placed on the Town of Newmarket Website; and,
  4. That new administration fees for surveys and testing of Backflow Preventers be added to the 2019 Fees and Charges as set out in Attachment 2, and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.6

Application for Zoning By-Law Amendment - 247 and 251 Kathryn Crescent

• 1. That the report entitled Application for Zoning By-Law Amendment 247 and 251 Kathryn Crescent dated May 21, 2019 be received; and,
  2. That application for Zoning By-Law amendment, as submitted by Kariminejad Nobari, for lands on the north side of Kathryn Crescent, be referred to a statutory public meeting; and,
  3. That following the public meeting, issues identified in this report, together with comments from the public, Committee, and those received through the agency and departmental circulation of the application, be addressed by staff in a comprehensive report to the Committee of the Whole, if required; and,
  4. That Reza Hayati, Sunrise Constrade Corp., 7368 Yonge Street, Unit 210, Thornhill, L4J 8H9 be notified of this action.

5.7

2019 Annual Servicing Allocation Review

• 1. That the report entitled 2019 Annual Servicing Allocation Review dated May 21, 2019 be received;
  2. That Council rescind servicing allocation from the following developments:
     1. 345-351 Davis Drive;
  3. That Council reinstate servicing allocation to the following developments:
     1. The Davis (175 Deerfield Rd)
     2. Redwood Properties Phase 1 (17645 Yonge St)
     3. Sundial Phase 2 (Davis Drive W)
     4. Landmark Estates Phase 5 (Yonge St and Clearmeadow Blvd)
     5. Maple Lane Homes (680 Gorham St);
  4. That Council grant servicing allocation to the following developments:
     1. Goldstein (16333 Leslie St)
     2. Marianneville / Kerbel Phase 2 (I & I Program)
     3. 281 Main St N;
  5. That the Town’s resulting remaining servicing capacity (the Town Reserve) of 3317 persons of allocation (of which 20 persons of allocation is to be held in a Severance Reserve) be maintained; and
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.8

Regulatory Review for 2018-2022 Term of Council

• 1. That the report entitled Regulatory Review for 2018-2022 Term of Council dated May 21, 2019 be received; and,
  2. That Council repeal schedules 3, 5, 6, 8, 13 and 14 of Licensing By-law 2002-151; and,
  3. That Staff be directed to implement the timelines for the review or development of by-laws and frameworks as set out within this report; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

5.9

Council Appointments to the Newmarket Historical Society Board

• 1. That the report entitled Council Appointments to the Newmarket Historical Society Board dated May 21, 2019 be received; and,
  2. That Council make no further appointment to the Newmarket Historical Society Board until the review of the Board structure is complete; and,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

5.10

Property Tax Rates and By-law for 2019

• 1. That the report entitled Property Tax Rates and By-law for 2019 dated May 22, 2019 be received; and,  
  2. That the property tax rates for 2019, as applied to the assessment roll returned in 2018 for 2019 taxation, be set for Town purposes as follows:
     1. Residential 0.322917%;
     2. Multi-Residential 0.322917%;
     3. Commercial 0.413140%;
     4. Industrial 0.507109%;
     5. Pipeline 0.296761%;
     6. Farm 0.080729%; and,
  3. That the applicable Tax Rate By-law, attached as Appendix ‘A’ be forwarded to Council for approval; and,
  4. That the Treasurer be authorized and directed to do all things necessary to give effect to this resolution. 

5.11

Resolution from Brantford City Council regarding Single Use-Plastic Straws

Note: This item was placed on the agenda at the request of Councillor Simon.

• The Strategic Leadership Team/Operational Leadership Team recommend:

  1. That the Resolution from Brantford City Council regarding Single-Use Plastic Straws be received for information.

5.12

Accessibility Advisory Committee Meeting Minutes of June 21, 2018

• 1. That the Accessibility Advisory Committee Meeting Minutes of June 21, 2018 be received.

5.13

Heritage Newmarket Advisory Committee Meeting Minutes of July 3, 2018 and April 16, 2019

• 1. That the Heritage Newmarket Advisory Committee Meeting Minutes of June 3, 2018 and April 16, 2019 be received.

5.14

Newmarket Public Library Board Meeting Minutes of January 16, 2019 and March 20, 2019

• 1. That the Newmarket Public Library Board Meeting Minutes of January 17, 2019 and March 20, 2019 be received.

5.15

Outstanding Matters List

• 1. That the list of outstanding matters be received.

6.

Action Items

7.

Reports by Regional Representatives

8.

Notices of Motions

9.

Motions

9.1

Bill 108 Ontario Municipal Board Changes (Councillor Bisanz)

• Whereas the legislation that abolished the OMB and replaced it with LPAT received unanimous – all party support; and,

  Whereas All parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and,

  Whereas Bill 108 will once again allow an unelected, unaccountable body make decisions on how our communities evolve and grow; and,

  Whereas On August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario and entered into “...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government.”; and,

  Whereas This MOU is “enshrined in law as part of the Municipal Act”. And recognizes that as “...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest”; and,

  Whereas By signing this agreement, the Province made “...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact”; and,

  Whereas Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997.

  Now Therefore Be it Hereby Resolved:

  1. That the Town of Newmarket oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and,
  2. That the Town of Newmarket call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and,
  3. That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier and MPP Newmarket-Aurora, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and,
  4. That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

10.

New Business

11.

Closed Session

11.1

Hollingsworth Arena

A proposed or pending acquisition or disposition of land by the municipality or local board as per Section 239(2)(c) of the Municipal Act, 2001.

12.

Public Hearing Matter

None.

13.

Adjournment