Town of Newmarket

Agenda

Council

Meeting #:
Date:
Time:
-
Location:
Council Chambers
Municipal Offices
395 Mulock Drive
Newmarket, ON L3Y 4X7

Note: Paul May, Executive Vice President, Project Implementation and Kristina Bergeron, Project Manager, Communications from York Region Rapid Transit Corporation (YRRTC) will be attendance to provide a presentation on this matter. 

Note: Ann Marie Carroll, General Manager, Transit and Brian Titherington, Director, Transportation and Infrastructure Planning from York Region will be in attendance to provide a presentation on this matter. 

Note: Jon Aston will be in attendance to provide a deputation on this matter. 

    1. That the Council Meeting Minutes of May 6, 2019 be approved.

Note: This meeting dealt with an Update on Properties.

    1. That the Special Committee of the Whole Meeting Minutes of May 6, 2019 be approved. 
    1. That the Special Committee of the Whole Meeting (Closed Session) Minutes of May 6, 2019 be approved.

Note: This meeting dealt with the 2018 and 2022 Municipal Elections.

    1. That the Special Committee of the Whole Meeting Minutes of May 14, 2019 be approved.
    1. That the Committee of the Whole Meeting Minutes of May 21, 2019 be received and the recommendations noted within be adopted
    1. That the presentation entitled Regulations for Smoking By-law be received. 
    1. That the presentation by Nataliya Kelbas regarding Development Charges be received.
    1. That the deputation by Nagwa Mounir regarding Regulations for Smoking By-law be received.
    1. That the deputation by Jim Arlow regarding Application for Zoning By-Law Amendment - 247 and 251 Kathryn Crescent be received.
    1. That the deputation by Joanna Fast regarding 2019 Annual Servicing Allocation Review be received.
    1. That the deputation by Nick Pileggi regarding 2019 Annual Servicing Allocation Review be received.
    1. That the deputation by Paul Bailey regarding 2019 Annual Servicing Allocation Review be received.
    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 permanent Designated Smoking Areas only for tobacco consumption be established at Town facilities, if required; and, 
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    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 properties municipally known as 693 Davis Drive, 713 Davis Drive and a portion of 35 Patterson Street, in a manner generally consistent with the conceptual drawings entitled “Scenario 1 – Site Plan” and “Scenario 1 – Aerial View”, attached to this Report, prepared by the Briarwood Development Group, dated December 7, 2018; and,
    3. That a public session be held for the purposes of obtaining public input into the potential future uses within the community park; and,
    4. That Staff be directed to prepare options for the development of the community park and how they would be financed, which will include some or all of net proceeds from any future sale of a portion of the Hollingsworth Arena property; and,
    5. 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 dated April 29, 2019 be received.
    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.
    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.
    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.
    1. That the report entitled 2019 Annual Servicing Allocation Review dated May 21, 2019 be received; and,
    2. That Council rescind servicing allocation from the following developments:
      1. 345-351 Davis Drive; and,
    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); and,
    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; and,
      4. Azure Homes; and,
    5. That Council grant servicing allocation to Shining Hill in the amount of 485 persons of capacity (179 units), subject to satisfying the following prior conditions:
      1. An executed agreement and/or Memorandum of Understanding be entered into between the Town and Shining Hill, establishing a timeframe and any other associated conditions / securities for the servicing allocation repayment of 647 persons of capacity (to account for the capacity that was up-fronted, plus the Town’s 25% allocation for its own use and reserve, as per the Inflow and Infiltration Agreement dated November 2, 2018); and, if necessary,
      2. An amended Inflow and Infiltration Agreement, or other form of agreement to the satisfaction of the Town and York Region; and,
    6. That Staff work with the owner of the Shining Hill development to establish a servicing allocation repayment timeframe and conditions associated with the granting of this allocation including but not limited to any required amendments to the inflow and infiltration agreement; and,
    7. That the Town’s resulting remaining servicing capacity (the Town Reserve) of 2797 persons of allocation (of which 20 persons of allocation is to be held in a Severance Reserve) be maintained; and,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    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 the matter of Short Term Accommodations and Rentals be scheduled to be presented to Council for consideration in Q1 2020; and,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 
    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.
    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. 
    1. That the Resolution from Brantford City Council regarding Single-Use Plastic Straws be received for information.
    1. That the Accessibility Advisory Committee Meeting Minutes of June 21, 2018 be received.
    1. That the Newmarket Public Library Board Meeting Minutes of January 17, 2019 and March 20, 2019 be received.
    1. That the list of outstanding matters be received.
  • 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.
    1. That the Committee of the Whole Meeting (Closed Session) Minutes of May 21, 2019 be approved.

2019-30 A By-law to adopt Amendment Number 23 to the Town of Newmarket Official Plan (Regional Community Improvement Plans).
2019-31 A By-law to prohibit the smoking of tobacco, cannabis, and non-tobacco substances in prescribed locations in the Town of Newmarket.
2019-32 A By-law to amend Delegation By-law 2016-17 (Designated Smoking Areas).
2019-33 A By-law to amend Parks By-law 2013-14 (Smoking and Vaping Provisions).
2019-34 A By-law to amend fees and charges by-law 2018-64 being a By-law to adopt Fees And Charges For Services Or Activities Provided By The Town Of Newmarket (Public Works - General Fees - Temporary designated Smoking Areas).
2019-35 A By-law to repeal schedules 3, 5, 6, 8, 13 and 14 of Licensing By-law 2002-151.
2019-36 A By-law to Regulate Cross Connections and Backflow Prevention in Private Plumbing Systems as Required to Protect the Town of Newmarket's Drinking Water System from Contamination.
2019-37 A By-law to amend fees and charges by-law 2018-64 being a By-law to adopt Fees And Charges For Services Or Activities Provided By The Town Of Newmarket (Public Works - General Fees - Backflow Prevention).
2019-38 A By-Law To Provide For The Levy And Collection Of The Sums Required By The Corporation Of The Town Of Newmarket For 2019 And To Provide For The Mailing Of Notices Requisitioning The Payment Of Taxes For 2019.

    1. That By-laws 2019-30, 2019-31, 2019-32, 2019-33, 2019-34, 2019-35, 2019-36, 2019-37 and 2019-38 be enacted.

12.

2019-39 A By-law to Confirm the Proceedings of the May 27, 2019 Council meeting.

    1. ​That By-law 2019-39 be enacted.
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