Town of Newmarket
Agenda
Council

Meeting #:

Date:

Monday, December 11, 2023

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

This meeting will be streamed live at newmarket.ca/meetings.

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 by end of day on December 10, 2023. 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 .

2.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

3.

Conflict of Interest Declarations

4.

Public Hearing Matter(s)

There are no public hearing matters.

5.

Presentations & Recognitions

6.

Deputations

6.1

Cannabis Retail Storefronts

Note: Rianna Ford, Re.UP and The Loud Plug, Cyrus Hambaz, Chief Executive Officer, Canadian Clinical Cannabinoids and Bret Unger, Owner, Take Off Cannabis will provide a deputation regarding this matter.

• 1. That the deputation provided by Rianna Ford, Re.UP The Loud, Cyrus Hambaz, CEO, Canadian Clinical Cannabinoid and Brett Unger, Owner, Take Off Cannabis regarding Cannabis Retail Storefronts be received. 

6.2

Provision of Pickleball Report

Note: Stuart Leigh, Newmarket Pickleball Club, will provide a deputation regarding this matter. This deputation is in relation to item 9.2. 

• 1. That the deputation provided by Stuart Leigh, Newmarket Pickleball Club, regarding the Provision of Pickleball Report, be received. 

6.3

Provision of Pickleball Report

Note: Kneil Dumont will provide a deputation regarding this matter. This deputation is in relation to item 9.2.

• That the deputation provided by Kneil Dumont, regarding the Provision of Pickleball Report, be received.

7.

Minutes

7.1

Council Meeting Minutes of November 20, 2023

• 1. That the Council Meeting Minutes of November 20, 2023 be approved.

8.

Reports by Regional Representatives

9.

Consent Items and Recommendations from Committees 

9.1

Committee of the Whole Meeting Minutes of December 4, 2023

• 1. That the Committee of the Whole Meeting Minutes of December 4, 2023 be received and the recommendations noted within be adopted. 

9.1.1

2024 Draft Operating and Capital Budgets

• 1. That the report entitled 2024 Draft Operating and Capital Budgets dated December 4, 2023 be received; and,
  2. That the Draft 2024 Operating Budget be amended to include a 1% levy for the Recreation Capital Levy with revised expenditures of $160,088,866 be approved, which is comprised of the following components:
     1. $ 76,983,090 for Town purposes; and,
     2. $ 18,656,466 for Central York Fire Services (Newmarket’s share); and,
     3. $ 3,944,435 for the Newmarket Public Library; and,
     4. $ 30,000 for the Main Street District Business Improvement Area (BIA); and,
     5. $ 22,099,311 for the Water Rate Group; and,
     6. $ 25,834,649 for the Wastewater Rate Group; and,
     7. $ 9,598,690 for the Stormwater Rate Group; and,
     8. $ 2,942,225 for the Building Permit Rate Group; and,
  3. That the amended Capital Spending Authority of $136,224,700 as outlined in the report be established, being $70,606,000 for 2024 and $65,618,700 for 2025 and beyond; and,
  4. That the draft 2024 Operating and Capital Budgets be forwarded to the Council meeting of December 11, 2023 for final approval; and,
  5. That Council authorize the Director of Financial Services/Treasurer to:
     1. Make any necessary adjustments within the total approved budget to reflect organizational changes and any other reallocation of costs; and,
     2. Accept and adjust the budget for new provincial and/or federal funding provided there is no tax levy impact; and,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.2

2024 Fees and Charges Overarching Report

• 1. That the report entitled 2024 Fees and Charges Overarching Report dated December 4, 2023, be received; and,
  2. That the attached Fees and Charges Schedules “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, “I”, “J”, “K”, marked as Recreation Culture Services, Corporate Services, Public Works and Parks, Engineering Services, Legislative Services – General Fees and Licensing, Fire Services, Planning, General Fees, Building Permit, and Planning Processing Fees be approved and adopted by by-law; and,
  3. That the fee adjustments come into full force and effect as of January 1, 2024; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.3

Official Plan Amendment Number 37: Planning Act Changes and Streamlining Development Approvals

• 1. That the report entitled Official Plan Amendment Number 37: Planning Act Changes and Streamlining Development Approvals dated December 4, 2023 be received; and,
  2. That Official Plan Amendment Number 37 attached as Attachment 1 be adopted; and,
  3. That the proposed changes relating to the “area of employment” definition as discussed at the statutory public meeting be deferred to a future, separate Official Plan Amendment; and,
  4. That the Town’s Delegation Authority By-law 2016-17, as amended, be further amended to delegate the approval authorities of passing temporary use by-laws, removal of holding provisions, and signing heritage permits to the Director of Planning and Building Services or his or her designate; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4

2023 Year-end Servicing Allocation Review

• 1. That the report entitled 2023 Year-end Servicing Allocation Review dated December 4, 2023 be received; and,
  2. That Council commit 98 persons of servicing allocation to Landmark Estates; and,
  3. That the conditional servicing allocation commitments for 281 Main Street North (40 persons) be rescinded; and,
  4. That Council authorize the transfer of 66 persons of servicing capacity from Redwood Properties Phase 2 to Redwood Properties Phase 1; and,
  5. That the distribution of the available servicing capacity of 5,666 persons be reviewed as part of the 2024 annual servicing allocation review; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.4.1

Correspondence - Frank Orsi, 1209104 Ontario Incorporated - 2023 Year-end Serving Allocation Review

• 1. That the correspondence from Frank Orsi, 1209104 Ontario Incorporated Regarding 2023 Year-end Servicing Allocation Review be received.

9.1.5

Zoning By-law Amendment - 99,103,105 Main Street South, Part of 115 Main Street South and 454, 462, and 466 Queen Street, 99 Main Street Inc.

• 1. That the report entitled Zoning By-law Amendment – 99,103,105 Main Street South, part of 115 Main Street South, and 454, 462, and 466 Queen Street, 99 Main Street Inc., dated December 4, 2023 be received; and,
  2. That the application for Zoning By-law Amendment be approved; and,
  3. That Staff be directed to bring forward the By-law, including the necessary Holding provisions as amended, to Council for approval; and,
  4. That the parking reduction described in this report be approved as a site-specific pilot program and that staff be directed to monitor parking usage on-site and parking-related complaints in the vicinity of the development for a period of three years; and,
  5. That 99 Main Street Inc. and LARKIN+ Land Use Planners Inc. be notified of this action; and, and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.6

Official Plan Amendment and Rezoning - 17175 Yonge Street, St. Maurice and St. Verena Coptic Orthodox Church

• 1. That the report entitled Official Plan Amendment and Rezoning – 17175 Yonge Street, St. Maurice and St. Verena Coptic Orthodox Church dated December 4 2023, be received; and,
  2. That the application for an Official Plan Amendment be adopted; and,
  3. That the application for a Zoning By-law Amendment be approved; and,
  4. That Staff be directed to bring forward the By-laws, including the necessary Holding provisions, to Council for approval; and,
  5. That Malone Given Parsons Ltd. and St. Maurice and St. Verena Coptic Orthodox Church be notified of this action; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.7

Extension to Legacy Payroll Tax Solution

• 1. That the report entitled Extension to Legacy Payroll Tax Solution dated December 4, 2023 be received; and,
  2. That Staff continue to work with Vertex Inc. (“Vertex”) on a non-competitive basis for the next five years from November 1^st 2023, at an approximate cost of $125,000 plus HST; and,
  3. That the Director of Information Technology and the Manager, Procurement Services be authorized to execute any agreements or documents that are necessary; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.8

Update on Provision of Pickleball

• 1. That the deputation by Craig Bates regarding the Update on the Provision of Pickleball be received; and,
  2. That the report entitled Update on Provision of Pickleball dated December 4^th, 2023 be received; and,
  3. That the designated mini soccer field located in the northern section of George Richardson Park be approved as the site of a new pickleball facility; and,
  4. That Staff be authorized to undertake design and costing for this new pickleball facility with project scope to include 14 to 20 pickleball courts, a scalable clubhouse and a provision for bubbling be approved; and,
  5. That the bubbled facility operating plan included in this report be approved in principle; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.9

Central York Fire Services Joint Council Committee Meeting Minutes of September 5, 2023 and October 3, 2023

• 1. That the Central York Fire Services Joint Council Committee Meeting Minutes of September 5, 2023 and October 3, 2023 be received.

9.1.10

Heritage Newmarket Advisory Committee meeting minutes of October 17, 2023

• 1. That the Heritage Newmarket Advisory Committee meeting minutes of October 17, 2023 be received.

9.1.11

Newmarket Public Library Meeting Minutes of October 18, 2023

• 1. That the Newmarket Public Library Meeting Minutes of October 18, 2023 be received. 

9.1.12

Temporary Patio Program Policy

• 1. That the report entitled Temporary Patio Program Policy dated December 4, 2023 be received; and,
  2. That Council approve Staff’s proposed Temporary Patio Program Policy; and,
  3. That Council direct Staff to proceed with Parking Space Patios outlined under Option 1 in the report but with a maximum of six (6) Parking Space Patios; and,
  4. That Council amend Fees and Charges By-law 2022-62, and Delegated Authority By-law 2016-17 and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this.

9.2

Follow Up on the Provision of Pickleball Report

Note: This item relates to item 9.1.8.

• 1. That the memo to Council titled Follow Up on the Provision of Pickle Ball dated December 5, 2023 be received. 

9.2.1

Correspondence - Stephanie Dumont - Follow Up on the Provision of Pickleball Report

• 1. That the correspondence from Stephanie Dumont regarding the Follow Up on the Provision of Pickleball Report be received.

9.2.2

Correspondence - Lucia Benedict - Follow Up on the Provision of Pickleball Report

• 1. That the correspondence from Lucia Benedict regarding the Follow Up on the Provision of Pickleball Report be received.

9.2.3

Correspondence - Anthony Benedict - Follow Up on the Provision of Pickle Ball Report

• 1. That the correspondence from Anthony Benedict regarding the Follow Up on the Provision of Pickleball Report be received.

9.2.4

Correspondence - Noreen Nause - Follow Up on the Provision of Pickleball Report

• 1. That the correspondence from Noreen Nause regarding the Follow Up on the Provision of Pickleball Report be received.

9.2.5

Correspondence - Mark Collis - Follow Up on the Provision of Pickleball Report

• 1. That the correspondence from Mark Collis regarding Follow Up on the Provision of Pickleball Report be received. 

9.3

Off-Street Parking Program Extension

• 1. That the report entitled Off-Street Parking Program Extension dated December 11^th, 2023 be received; and,
  2. That Council approve George Richardson Park #4 and Bonshaw Park be added to the Town’s Off-Street Parking Program; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.4

Correspondence - David Lam - Cannabis Retail Storefronts 

Note: This item relates to item 6.1

• 1. That the correspondence from David Lam regarding Cannabis Retail Storefronts be received. 

9.5

Correspondence - David Lam and Sandy Siu - Cannabis Retail Storefronts

Note: This item relates to item 6.1.

• 1. That the correspondence from David Lam and Sandy Sui regarding Cannabis Retail Storefronts be received. 

10.

By-laws

2023-67 - A By-law to adopt Amendment Number 37 to the Town of Newmarket Official Plan

2023-68 - A By-law to amend By-law Number 2010-40 being the Town's Comprehensive Zoning By-law (454, 462, 466 Queen Street, 99, 103-105, and part of 115 Main Street South)

2023-69 - A By-law to amend Delegation By-law 2016-17

2023-70 - A By-law to amend By-law Number 2019-06 being a zoning by-law for the Urban Centres Secondary Plan area (17175 Yonge Street)

2023-71 - A By-law to adopt Amendment Number 38 to the Town of Newmarket Official Plan, Amending Official Plan Number 10, the Urban Centres Secondary Plan (17175 Yonge Street - St. Maurice & St. Verena Coptic Orthodox Church)

2023-72 - A By-law to Appoint An Acting Fire Chief for the Amalgamated Fire and Emergency Services Department - Central York Fire Services

2023-73 - A By-law to amend the fees table of Schedule "A" of Building By-law 2023-36

2023-74 - A By-law to amend Fees and Charges By-law 2022-61 being a by-law to adopt fees and charges for services or activities provided by the Town of Newmarket (Legislative Services - Licensing Charges)

2023-75 - A By-law to establish a tariff of fees for the processing of applications made in respect of planning matters (Planning Processing Fees) and to repeal By-laws 2022-62

2023-76 - A By-law to establish fees and charges for services or activities provided by the Corporation of the Town of Newmarket (General Fees and Charges) and to repeal By-laws 2022-61; Recreation & Culture, Corporate Services, Public Works & Parks, Engineering Services, Legislative Services - General Fees, Fire Services, Planning Fees, General Fees - All Departments, Legislative Services - Licensing Fees

• 1. That By-laws 2023-67, 2023-68, 2023-69, 2023-70, 2023-71, 2023-72, 2023-73, 2023-74, 2023-75, and 2023-76 be enacted.

11.

Notices of Motions

12.

Motions Where Notice has Already been Provided

13.

New Business

13.1

Walpole Parking Petition

Note: Councillor Simon will speak to this item.

14.

Closed Session

14.1

Committee of the Whole Meeting Minutes (Closed Session) of December 4, 2023

• 1. That the Committee of the Whole Meeting Minutes (Closed Session) of December 4, 2023 be approved. 

14.1.1

Consideration of an Acting Fire Chief

14.2

Personal matters about an identifiable individual, including municipal employees as per section 239(2)(b) of the Municipal Act, 2001.

15.

Confirmatory By-law

2023-77 A By-law to Confirm the Proceedings of the December 11, 2023 Council meeting.

• 1. That By-law 2023-77 be enacted.

16.

Adjournment