Town of Newmarket
Agenda
Council - Electronic

Meeting #:
Date:	Monday, May 09, 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 at 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 [e-mail] by end of day on Sunday, May 8, 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 [e-mail].

2.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

3.

Conflict of Interest Declarations

4.

Public Hearing Matters

How to get involved with public hearing matters (items 4.1, 4.2 and 4.3)

Newmarket Council will not be making any final decisions at this meeting in relation to items 4.1, 4.2 and 4.3, all written and verbal comments will be given to staff to consider in a future report. A report will then be provided to Council at a future Committee of the Whole or Council Meeting.

Residents are encouraged to get involved in the public planning process by submitting written comments or providing a deputation during the meeting. To learn more about how to get involved, please email and include your contact information (name and phone number).

4.1

2022 Development Charges Study & Community Benefit Charges Strategy

Note: Nataliya Kelbas, Project Manager and Craig Binning, Project Director, Hemson will be in attendance to provide a presentation on this matter. 

• 1. That the presentation provided by Nataliya Kelbas, Project Manager and Craig Binning, Project Director, Hemson regarding the 2022 Development Charges Study & Community Benefit Charges Strategy be received. 

4.2

Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent

Note: Lucy Pronk, KLM Planning Partners Inc.will be in attendance to provide a presentation on this matter. 

• 1. That the presentation provided by Lucy Pronk, KLM Planning Partners Inc. regarding the Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent be received; and, 
  2. That sub-items 4.2.1 and 4.2.2 being correspondence regarding the Official Plan Amendment and Zoning By-law Amendment - 415 Pickering Crescent  be received. 

4.2.1

Correspondence - David Soares

4.2.2

Correspondence - Kai Zheng & Sheng Duan Zheng

4.3

Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive

Note: Eldon Theodore, MHBC Planning, Urban Design & Landscape Architecture will be in attendance to provide a presentation on this matter. 

• 1. That the presentation provided by Eldon Theodore, MHBC Planning, Urban Design & Landscape Architecture regarding the Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive be received; and,
  2. That sub-items 4.3.1 and 4.3.2 being correspondence regarding the Zoning By-law Amendment and Draft Plan of Subdivision - 1038 & 1040 Jacarandah Drive be received.

4.3.1

Correspondence - Ahmad Pourebrahim Alamdar

4.3.2

Correspondence - Seokjin Choi and Kyuhyeon Lee

5.

Presentations & Recognitions

6.

Deputations

7.

Minutes

7.1

Council - Electronic Meeting Minutes of April 19, 2022

• 1. That the Council - Electronic Meeting Minutes of April 19, 2022 be approved.

8.

Reports by Regional Representatives

9.

Consent Items and Recommendations from Committees 

9.1

Committee of the Whole - Electronic Meeting Minutes of May 2, 2022

• 1. That the Committee of the Whole - Electronic Meeting Minutes of May 2, 2022 be received and the recommendations noted within be adopted

9.1.1

2023 Budget Process

• 1. That the report entitled 2023 Budget Process dated May 2, 2022 be received; and,
  2. That delegated authority be granted to increase water, wastewater and stormwater rates as identified in their respective financial plans effective January 1, 2023; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.2

Property Tax Rates and By-law for 2022

• 1. That the report entitled Property Tax Rates and By-law for 2022 dated May 2, 2022 be received; and,
  2. That the property tax rates for 2022, as applied to the assessment roll returned in 2021 for 2022 taxation, be set for Town purposes as follows:
     Residential 0.321670%
     Multi-Residential 0.321670%
     Commercial 0.428497%
     Industrial 0.528568%
     Pipeline 0.295615%
     Farm 0.080417% ; 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.

9.1.3

Risk Management Resourcing Joint Report

• 1. That the report entitled Risk Management Resourcing dated May 2, 2022 be received; and,
  2. That the Council-approved staffing complement be increased by half an FTE to convert the current part-time Risk Management position into fulltime; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4

First Quarterly Update to the Outstanding Matters List for 2022

• 1. That the report entitled First Quarterly Update to the Outstanding Matters List for 2022 dated May 2, 2022 be received; and,
  2. That Council adopt the Outstanding Matters List; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution

9.1.5

Recommendation Report Glenway West Official Plan Amendment (OPA) Zoning Bylaw Amendment (ZBA) Draft Plan of Subdivision (DPS)

• 1. That the report entitled Recommendation Report Glenway West OPA ZBA DPS dated May 2, 2022 be received; and,
  2. That the Official Plan Amendment be adopted; and,
  3. That the Zoning By-law Amendment and Draft Plan of Subdivision 19TN-2019 001 be approved, subject to Regional approval of the Official Plan Amendment; and,
  4. That following Regional approval of the Official Plan Amendment that the by-law for the zoning by-law amendment be brought to Council for approval; and,
  5. That the approval of the Draft Plan of Subdivision 19TN-2019 001 is also subject to the schedule of conditions set out in Appendix “1” attached to and forming part of this report; and,
  6. That the approval for Draft Plan of Subdivision 19TN-2019-001 shall only be issued upon the execution of a “No Pre-Sales Agreement” by the Owner of the said Draft Plan with the Town of Newmarket; and,
  7. That Groundswell Planning c/o Kerigan Kelly be notified of this action; and,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.6

 Community Benefit Report - Gault Grove

• 1. That the report entitled Community Benefit Report - Gault Grove dated May 2, 2022 be received; and,
  2. That proposed Community Benefit be approved; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.7

 2022 Annual Servicing Allocation Review 

• 1. That the report entitled 2022 Annual Servicing Allocation Review dated May 2, 2022 be received; and,
  2. That Council reinstate servicing allocation to developments as outlined in Attachment 1 to this staff report; and,
  3. That Council commit servicing allocation to developments as outlined in Table 1 of this staff report; and,
  4. That the Town’s remaining servicing capacity (the Town Servicing Allocation Reserve) be maintained for future development; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.8

INFO-2022-13: Ontario Regulation – Mandatory Firefighter Certification

• 1. That the Information Report entitled Ontario Regulation - Mandatory Firefighter Regulation dated ​April 20, 2022 be received.

9.1.9

Councillor Bisanz - Mandatory Firefighter Certifications

• Whereas municipal governments provide essential services to the residents and businesses in their communities; and,

  Whereas the introduction of new provincial policies and programs can have an impact on municipalities; and,

  Whereas municipal governments are generally supportive of efforts to modernize and enhance the volunteer and full-time fire services that serve Ontario communities; and,

  Whereas the Association of Municipalities of Ontario (AMO) believes in principle that fire certification is a step in the right direction, it has not endorsed the draft regulations regarding firefighter certification presented by the Province; and,

  Whereas municipalities and AMO are concerned the thirty-day consultation period was insufficient to fully understand the effects such regulations will have on municipal governments and their fire services; and,  

  Whereas fire chiefs have advised that the Ontario firefighter certification process will create additional training and new costs pressures on fire services; and,

  Whereas the Ontario government has not provided any indication they will offer some form of financial support to deliver this service; and,

  Whereas AMO, on behalf of municipal governments, in a letter to Solicitor General Jones dated February 25, 2022, made numerous comments and requests to address the shortcomings in the draft regulations.

  Now, therefore be it resolved,

  1. That the Town of Newmarket does hereby support AMO’s recommendations; and,
  2. That the Town of Newmarket does hereby call on the Solicitor General of Ontario to work with AMO, municipal governments and fire chiefs across Ontario to address the funding concerns raised so that municipalities can continue to offer high quality services to their communities; and,
  3. That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO), the Ontario Small Urban Municipalities (OSUM), and all Ontario municipalities for their consideration.

10.

By-laws

2022-29 A By-Law To Provide For The Levy And Collection Of The Sums Required By The Corporation Of The Town Of Newmarket For 2022 And To Provide For The Mailing Of Notices Requisitioning The Payment Of Taxes For 2022.
2022-30 A By-law to exempt certain lands from part lot provisions of the Planning Act (22, 24, 26 Boothbay Crescent)
2022-31 A By-law to adopt Amendment Number 33 to the Town of Newmarket 2006 Official Plan, amending Official Plan Amendment Number 28 of the Town of Newmarket 1996 Official Plan (Glenway West).    

• 1. That By-laws 2022-29, 2022-30 and 2022-31 be enacted.

11.

Notices of Motions

12.

Motions Where Notice has Already been Provided

13.

New Business

14.

Closed Session

•   

14.1

ENVI Update

A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, as per Section 239 (2) (i) of the Municipal Act, 2001. 

14.2

Property Matter - Portion of 395 Mulock Drive (Ward 5)

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.

14.3

Committee of the Whole - Electronic Meeting (Closed Session) Minutes of May 2, 2022

14.3.1

Appeal to the Ontario Land Tribunal (OLT) regarding 706 Yarfield Crescent Committee of Adjustment decision (Ward 7)

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.

14.3.2

214 - 218 Main Street South - For Purposes of Legal Advice

Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; as per Section 239 (2) (f) of the Municipal Act, 2001.

15.

Confirmatory By-law

2022-32 A By-law to Confirm the Proceedings of the May 9, 2022 Council - Electronic meeting.

• 1. That By-law 2022-32 be enacted.

16.

Adjournment