Town of Newmarket

Minutes

Committee of the Whole - Electronic

Meeting #:
Date:	Monday, March 21, 2022
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 (1:17 PM - 4:12 PM)

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
• J. Grossi, Acting Deputy Clerk
• F. Scott, Manager of Regulatory Services
• M. Agnoletto, Director of Public Works Services
• R. Gillis, Manager, Water/Waste Water
• K. Huguenin, Legislative Coordinator

For consideration by Council on March 28, 2022.

Mayor Taylor in the Chair.

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

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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 [e-mail] 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

The Clerk advised of the following addition to the agenda:

• Item 11.3: Closed Session Item regarding a Future Playground Opportunity was added on Monday, March 21, 2022. 

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Broome
  1. That Committee of the Whole suspend the rules of order regarding notice to allow for the consideration of Closed Session item 11.3; and, 
  2. That the addition to the agenda be approved.
  
  
  
  Carried by Two Thirds

3.

Conflict of Interest Declarations

• Councillor Woodhouse declared a conflict regarding Item 11.1: Appeal to the Ontario Land Tribunal (OLT) regarding 43 Lundy's Lane, 592 Watson Avenue, and 40, 36 and 32 Bolton Avenue (Ward 3). He advised that his daughter lives near the property.

4.

Presentations & Recognitions

None.

5.

Deputations

None.

6.

Consent Items

• Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Woodhouse
  1. That sub-items 6.1, 6.3, 6.5, and 6.6 be adopted on consent. See following sub-items 6.2, 6.4, 6.7, 6.8, and 6.9 for motion.
  
  
  
  Carried

6.1

2021 Preliminary Q4 Operating and Capital Budget

• 1. That the report entitled 2021 Preliminary Q4 Operating and Capital Budget dated March 21, 2022 be received; and,
  2. That transfers to reserves and reserve funds outside of the Treasurer’s delegated authority be made as detailed in this report; and,
  3. That changes to the 2022 and 2023 capital spending authority, 2022 capital program and the corresponding funding be made as detailed in this report; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.2

Mulock Property Implementation Budget Update

• Moved by: Councillor Broome
  Seconded by: Councillor Kwapis
  1. That the report entitled Mulock Property Implementation Budget Update be received; and,
  2. That a Capital Spending Authority of $2,800,000 be established for consulting, design services, and construction works to maintain the Mulock House State of Good Repair; and,
  3. That a Capital Spending Authority of $500,000 be established for consulting design services associated with the Mulock House Adaptive Re-Use; and,
  4. That a Capital Spending Authority in the amount of $200,000 be established for consulting design services associated with Hydro Corridor Parking; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.3

2021 Drinking Water Quality Management Standard (DWQMS) Communication Report

• 1. That the report entitled 2021 DWQMS Communication Report dated March 21, 2022 be received; and,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.4

2021 Annual Water Quality Summary Report

• Moved by: Councillor Kwapis
  Seconded by: Councillor Morrison
  1. That the report entitled 2021 Annual Water Quality Summary Report dated March 21, 2022 be received; and,
  2. That the Town of Newmarket 2021 Annual Water Quality Summary Report, and its associated attachments, referenced herein be posted online at www.newmarket.ca, and be made available by request at the customer service counter, 395 Mulock Drive, as well as at the Newmarket Operations Centre, 1275 Maple Hill Court; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

6.5

Request for Heritage Designation - 17250 Yonge Street (York Region Administrative Centre)

• 1. That the report entitled Request for Heritage Designation – 17250 Yonge Street (York Region Administrative Centre) dated March 21, 2022 be received; and,
  2. That the subject property known as 17250 Yonge Street be Designated under Part IV of the Ontario Heritage Act; and,
  3. That Staff be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
  4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, Staff be authorized to bring a designation by-law before Council for adoption; and,
  5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Land Tribunal; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.6

Request for Heritage Designation - Newmarket Canal System

• 1. That the report entitled Request for Heritage Designation – Newmarket Canal System dated March 21, 2022 be received; and,
  2. That the subject property known as the Newmarket Canal System, which follows the Holland River from the Town boundary in the north to just north of the Davis Drive bridge in the south, be Designated under Part IV of the Ontario Heritage Act; and,
  3. That Staff be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
  4. That if there are no objections to the Notice of Intention to Designate, in accordance with the provisions of the Ontario Heritage Act, Staff be authorized to bring a designation by-law before Council for adoption; and,
  5. That if there are any objections to the Notice of Intention to Designate, in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Land Tribunal; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

6.7

Zoning By-law Amendment – 49, 55 & 59 Charles Street & 52 Prospect Street

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Kwapis
  1. That the report entitled Zoning By-law Amendment – 49, 55 & 59 Charles Street & 52 Prospect Street, dated February 28, 2022 be received; and,
  2. That the application for Zoning By-law Amendment, as submitted by Matera Developments be approved; and,
  3. That Council approve the recommendations for Development Charge deferral as outlined in this report; and,
  4. That Matera Developments and Armstrong Planning 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

6.8

Penn Avenue Traffic Calming Review

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

  Moved by: Councillor Morrison
  Seconded by: Councillor Kwapis
  1. That the report entitled Penn Avenue Traffic Calming Review dated March 21, 2022 be received; and,
  2. That Category 1 Traffic Calming plans noted in the report be approved; and,
  3. That York Regional Police be contacted to request speed enforcement on Penn Avenue; and,
  4. That Town staff monitor the speeds on Penn Avenue to determine the success or additional mitigations required; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution; and, 
  6. That staff be directed to report back regarding options for an all-way stop at the Penn Avenue and Vincent Street, Hillsview Drive and Denne Boulevard intersections. 
  
  
  
  Carried

6.9

INFO-2022-08: Traffic Calming Program Update - 2022

• Moved by: Councillor Kwapis
  Seconded by: Councillor Simon
  1. That the Information Report entitled Traffic Calming Program Update - 2022 dated ​March 9, 2022 be received.
  
  
  
  Carried

7.

Action Items

None.

8.

Notices of Motion

None.

9.

Motions Where Notice has Already been Provided

9.1

Councillor Bisanz - Lake Simcoe Restoration Fund

• Moved by: Councillor Bisanz
  Seconded by: Deputy Mayor & Regional Councillor Vegh

  Whereas Lake Simcoe is one of Ontario’s largest watersheds, home to First Nations since time immemorial, and situated in the growing communities of Simcoe County, York Region, Durham Region, and the cities of Barrie and Orillia; and,
  Whereas the watershed faces threats due to eutrophication, largely from phosphorus runoff and other contaminants into the lake and its tributaries; and,
  Whereas the lake is a significant source of drinking water, as well as being integral for local recreation, tourism, agriculture and other key economic drivers; and,
  Whereas the previous federal government funded a “Lake Simcoe Clean-Up Fund” of $65 million over 10 years between 2007-2017, but that fund has not been renewed; and,
  Whereas during the 2019 federal election, the Hon. Chrystia Freeland committed $40 million over 5 years towards Lake Simcoe; and,
  Whereas during the 2021 federal election, the Liberal Party of Canada committed to “Implement a strengthened Freshwater Action Plan, including an historic investment of $1 billion over 10 years. This plan will provide essential funding to protect and restore large lakes and river systems, starting with the Great Lakes-St. Lawrence River System, Lake Simcoe…”; and,
  Whereas the Conservative Party of Canada also committed to re-funding the Lake Simcoe Clean-Up Fund in the 2019 and 2021 general elections with an investment of $30 million over five years; and, 
  Whereas, further to the Minister of the Environment and Climate Change’s mandate letter dated December 16th, 2021, which directs the Minister to “…establish a Canada Water Agency and implement a strengthened Freshwater Action Plan, including a historic investment to provide funding to protect and restore large lakes and river systems, starting with the Great Lakes-St. Lawrence River System, Lake Simcoe…”
  Therefore be it resolved that the Council of the Town of Newmarket:

  1. Supports federal funding for a Lake Simcoe Restoration Fund that represents a significant percentage of the overall Freshwater Action Plan Fund, with funding in excess of previous commitments, beginning in the 2022 budget; and,
  2. Asks that such funding be used to undertake:
     1. Shoreline mitigation and restoration, including in the tributaries of the Holland River, Maskinonge River, Black River, Pefferlaw River and the Holland Marsh; and,
     2. The assistance of the federal government to achieve up to or more than 40 percent of watershed high quality tree cover; and,
     3. Projects to ameliorate contaminated sites in the watershed; and,
     4. Upgrades to help retrofit municipal infrastructure such as wastewater and stormwater facilities; and,
     5. Purchasing and conservation of more forests and wetlands under the auspices of the Lake Simcoe Region Conservation Authority (LSRCA); and,
  3. That a copy of this resolution, along with a letter from the Mayor, be sent to the federal Minister of Finance; the Minister of the Environment and Climate Change; the President of the Treasury Board; the Members of Parliament for York—Simcoe, Newmarket—Aurora, Barrie—Springwater—Oro-Medonte, Barrie—Innisfil, Simcoe North, Haliburton—Kawartha Lakes—Brock, and Durham; and to all Lake Simcoe-region municipalities and the LSRCA, with a request for their endorsement.
  
  
  
  Carried

10.

New Business

10.1

Tree Preservation, Protection, Replacement and Enhancement Policy

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Kwapis
  1. That staff be directed to review the Tree Preservation, Protection, Replacement and Enhancement Policy and report back to Council regarding options for developers removing trees without approval from the Town of Newmarket.
  
  
  
  Carried

11.

Closed Session

• Moved by: Councillor Bisanz
  Seconded by: Councillor Woodhouse
  1. That the Committee of the Whole resolve into Closed Session to discuss the following matters:

     1. Appeal to the Ontario Land Tribunal (OLT) regarding 43 Lundy's Lane, 592 Watson Avenue, and 40, 36 and 32 Bolton Avenue (Ward 3)  - 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) regarding 55 Eagle St. East (Ward 5) - 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.

     3. Future Playground Opportunity  - A position, plan, procedure, criteria or instruction to be applied to any negotiation 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.

  
  
  
  Carried

  The Committee of the Whole resolved into Closed Session at 2:31 PM.
  The Committee of the Whole (Closed Session) Minutes are recorded under separate cover.
  The Committee of the Whole resumed into Open Session at 4:10 PM.

  
  

11.1

Appeal to the Ontario Land Tribunal (OLT) regarding 43 Lundy's Lane, 592 Watson Avenue, and 40, 36 and 32 Bolton Avenue (Ward 3)

11.2

Appeal to the Ontario Land Tribunal (OLT) regarding 55 Eagle St. East (Ward 5)

11.3

Future Playground Opportunity

12.

Adjournment

• Moved by: Councillor Morrison
  Seconded by: Councillor Twinney
  1. That the meeting be adjourned at 4:12 PM.
  
  
  
  Carried