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 Kwapis
  • Councillor Broome
  • Councillor Bisanz
Staff Present:
  • P. Noehammer, Acting Chief Administrative Officer
  • I. McDougall, Commissioner of Community Services
  • M. Mayes, Acting Commissioner of Corporate Services
  • L. Lyons, Director of Legislative Services/Town Clerk
  • J. Grossi, 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 6.1 Deputation request received from Jon Aston representing Common Ground - York Region 

The Clerk advised of the following correction to the agenda:

  • Item 9.4.14 An amended resolution was distributed 
  • Moved by:Councillor Broome
    Seconded by:Councillor Morrison
    1. That the additions and corrections to the agenda be approved. 
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)

Paul May, Executive Vice President of York Region Rapid Transit Corporation (YRRTC) provided a presentation updating Council on the Davis Drive and Yonge Street rapid transit projects. 

Kristina Bergeron, Project Manager of York Region Rapid Transit Corporation (YRRTC) provided an update on construction communications, safety campaigns and the business support program. 

Members of Council queried the presenters regarding the bike lanes, construction timelines and the shop Yonge campaign. 

  • Moved by:Councillor Bisanz
    Seconded by:Councillor Twinney
    1. That the presentation regarding VivaNext be received. 
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)

Brian Titherington, Director of Transportation and Infrastructure Planning for York Region provided an update to Council regarding the York Region Transportation Services current and future projects. He outlined traffic signal projects, a snow management facility and a transit garage.

Ann Marie Carroll, General Manager of Transit for York Region provided an update regarding transportation operations. She outlined safety considerations, service changes and partnership programs. 

Members of Council queried the presenters regarding service expansions, electric buses and GO services. 

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Woodhouse
    1. That the presentation regarding Transportation Services in the Town of Newmarket be received. 
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)

Jon Aston provided a deputation to Council regarding the Common Ground - York Region's Pan-Partisan Protest Movement's current efforts in relation to recent Provincial legislation.

 

  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Kwapis
    1. That the deputation provided by Jon Aston representing Common Ground - York Region be received.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
  • Moved by:Councillor Twinney
    Seconded by:Councillor Broome
    1. That the Council Meeting Minutes of May 6, 2019 be approved.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)

(1) Deputy Mayor and Regional Councillor Vegh provided an update on current initiatives of the Lake Simcoe Region Conservation Authority (LSRCA) including the following items:

  • Addressing climate change by updating the current floodplain mapping;
  • Attending the Freshwater Round table which strives to reduce salt use; 
  • Partnership with York region and Federal government to plant 700,000 trees by 2027; 

(2) Deputy Mayor and Regional Councillor Vegh invited residents to a Public Information Centre (PIC) on Wednesday June 5, 2019 at the Holland Landing Community Centre from 7:00 PM to 8:30 PM regarding the Meadow Restoration Project at Yonge Street and Mount Albert Road. 

(3) Mayor Taylor advised that two resolutions were adopted by Council and sent to the Province as feedback, regarding Bill 108 and single use plastics. 

 

  1. That the Closed Session presentation regarding proposed or pending acquisition or disposition of properties in Ward 5 and Ward 2 be received and that the confidential direction to staff be approved.
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Broome
    1. That the Special Committee of the Whole MeetingcMinutes of May 6, 2019 and the Special Committee of the Whole Meeting (Closed Session) Minutes of May 6, 2019 be approved.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
  • Moved by:Councillor Kwapis
    Seconded by:Councillor Woodhouse
    1. That the Closed Session presentation regarding proposed or pending acquisition or disposition of properties in Ward 5 and Ward 2 be received and that the confidential direction to staff be approved.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
  • Moved by:Councillor Morrison
    Seconded by:Councillor Kwapis
    1. That the Special Committee of the Whole Meeting Minutes of May 14, 2019 be approved.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
  • Moved by:Councillor Bisanz
    Seconded by:Councillor Broome
    1. That the Committee of the Whole Meeting Minutes of May 21, 2019 be received and the recommendations noted within be adopted.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
    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.
  • Moved by:Councillor Twinney
    Seconded by:Councillor Simon
    1. That the Committee of the Whole Meeting (Closed Session) Minutes of May 21, 2019 be approved.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
  • Moved by:Councillor Twinney
    Seconded by:Councillor Broome
    1. That Report 2019-08 dated April 29, 2019 entitled Potential Disposition of Hollingsworth Arena Lands be received; and,
    2. That, based upon the recommendation of the Committee of the Whole to adopt an amended recommendation in Planning & Building Report 2019-40 to 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”, Council declare surplus and approve the sale of the southerly 21 metres of the Hollingsworth Arena lands (the “21 Metres”); and,
    3. That the Chief Administrative Officer be directed to execute a conditional agreement of purchase and sale with Briarwood (NWMKT) Inc. (the “Purchaser”) for the sale of the 21 Metres, as applicable, based substantially on the terms set out in this report, and as may be modified as considered reasonably necessary by the Chief Administrative Officer and/or the Municipal Solicitor, as amended;and,
    4. That Planning staff be directed to execute the necessary authorization for the Purchaser to submit the relevant development application as representative of the Town regarding the 21 metres; and,
    5. That Council authorize access to the 21 metres, by the Purchaser to conduct environmental and geotechnical investigations prior to execution of the conditional agreement of purchase and sale, and that staff be directed to execute such access agreements for this purpose; and,
    6. That staff be directed to do all things necessary to give effect to these recommendations; and,
    7. That staff be directed to notify the Purchaser of these actions.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)
  • Moved by:Deputy Mayor & Regional Councillor Vegh
    Seconded by:Councillor Bisanz
    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.
    In Favour (9)Mayor Taylor, Deputy Mayor & Regional Councillor Vegh, Councillor Twinney, Councillor Kwapis, Councillor Broome, Councillor Bisanz, Councillor Morrison, Councillor Simon, and Councillor Woodhouse
    Carried (9 to 0)

12.

None.

(1) Councillor Bisanz invited residents to the Ward 7 meeting on Wednesday June 19, 2019 at Ray Twinney Recreational Complex Lounge 2 from 6:30 PM to 8:00 PM regarding the general planning process.

(2) Councillor Woodhouse advised residents of a developer led PIC on Thursday May 23, 2019 which related to the potential development of Roxborough Road and Queen Street. Future engagement opportunities will be available. 

(3) Councillor Kwapis invited residents to the D-Day Opening Ceremony celebrating the 75th Anniversary on Thursday June 6, 2019 at the Elman W. Campbell Museum at 2:00 PM.

(4) Councillor Kwapis congratulated Public Works Staff for receiving a Roger Brown Award.  

(5) Deputy Mayor & Regional Councillor Vegh advised that the 2019 spring street sweeping was completed and will continue throughout the summer months.

(6) Councillor Morrison invited residents to the collective planting day at the community garden at London and Main Street on Saturday June 1, 2019 from 10:00 AM to 12:00 PM.

(7) Councillor Morrison advised that over 300 riders attended the Bike to Work Day celebration at Riverwalk Commons and thanked the volunteers and sponsors.

(8) Councillor Morrison advised that he attended the Mayor's Challenge event during National Public Works Week and placed third on behalf of the Town of Newmarket.  

(9) Councillor Broome invited residents to the Relay for Life event at Sir William Mulock Secondary School on Thursday May 30, 2019.

(10) Councillor Broome invited residents to the community de-pave event at St. John Chrysostom Catholic Elementary School on Thursday June 6, 2019.

(11) Councillor Broom invited residents to the Terry Fox Public School Family Fun Fair on Wednesday June 12, 2019 from 4:30 PM to 6:30 PM.

(12) Councillor Broome invited residents to the 12th Annual Moms On The Run BBQ in support of Relay for Life on Saturday June 22, 2019 from 11:00 AM to 3:00 PM on Jordan Ray Boulevard.

(13) Councillor Twinney invited residents to the following events on Saturday June 15, 2019 at Riverwalk Commons:

  • Craft Beer Festival from 12:00 PM to 9:00 PM
  • York Pride Parade on Main Street at 3:00 PM with celebrations to follow
  • Fairy Lake Artisan's and Food Truck Festival

(14) Councillor Simon advised residents of National Access Awareness Week and the following events:

  • Celebrate Accessibility and Abilities at the Newmarket Community Centre & Newmarket Riverwalk Commons on Saturday June 1, 2019 from 9:00 AM to 12:00 PM; and 
  • Sports for Everyone at the Magna Centre on Monday June 3, 2019 from 10:00 AM to 2:00 PM.

None.

Mayor Taylor advised that there was no requirement for a Closed Session.

  • Moved by:Councillor Morrison
    Seconded by:Councillor Twinney
    1. ​That By-law 2019-39 be enacted.
    Carried
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Kwapis
    1. That the meeting be adjourned at 8:56 PM.
    Carried
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