Town of Newmarket
Agenda
Council

Meeting #:
Date:	Monday, December 02, 2019
Time:	7:00 P.m. - 9:00 P.m.
Location:	Council Chambers Municipal Offices 395 Mulock Drive Newmarket, ON L3Y 4X7

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1.

Open Forum

2.

Public Notices (if required)

3.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

4.

Declarations of Pecuniary Interest

5.

Presentations & Recognitions

5.1

Proclamation of Huron Heights Warriors Football Day

Note: Heath Weir, Coach and Kimberly Runacres, Warriors Football Booster Club President will be in attendance for this recognition. 

5.2

Newmarket Celebrates The Arts - Grant Recipient Recognition

Note: Peter Sturrup, Chair of the Newmarket Celebrates the Arts Committee will be in attendance to provide a presentation on this matter.

5.3

Ontario Building Partnership Award

Note: Kevin Brodie, VP Operations representing Tarion, Aubrey Leblanc, CAO, Ontario Building Officials Association and Joe Vacarro, CEO, Ontario Home Builders’ Association will be in attendance to present this award.

6.

Deputations

7.

Approval of Minutes

7.1

Council Meeting Minutes of November 11, 2019

• 1. That the Council Meeting Minutes of November 11, 2019 be approved.

8.

Reports by Regional Representatives

9.

Reports of Committees and Staff

9.1

Special Committee of the Whole Meeting Minutes of November 11, 2019

Note: This meeting dealt with the Tax Supported Operating Budget.

• 1. That the Special Committee of the Whole Meeting Minutes of November 11, 2019 be received and the recommendations noted within be adopted.

9.1.1

Presentation - Tax Supported Operating Budget

• 1. That the presentation provided by the Director of Financial Services/Treasurer regarding the Tax-Supported Operating Budget be received. 

9.1.2

Tax Supported Operating Budget

• 1. That the report entitled 2020 Preliminary Draft Tax-Supported Operating Budgets dated November 11, 2019 be received; and,
  2. That subject to any additional direction from Committee, that the proposed budget be incorporated into the Draft Budgets to be presented to Committee of the Whole on November 25, 2019.

9.2

Committee of the Whole Meeting Minutes of November 25, 2019

9.2.1

2020 Budget Presentation

Note: See sub-item 9.2.2 below.

9.2.2

Draft 2020 Operating and Capital Budgets

• 1. That the presentation regarding the Draft 2020 Budget provided by the Director of Financial Services/Treasurer be received; and,
  2. That the report entitled Draft 2020 Operating and Capital Budgets dated November 25, 2019 be received; and
  3. That the Draft 2020 Operating Budget with expenditures of $134,580,230 be approved, which is comprised of the following components:
     1. $65,249,417 for Town purposes
     2. $17,286,952 for Central York Fire Services (Newmarket’s share)
     3. $3,717,875 for the Newmarket Public Library
     4. $1,710,000 for the Mulock Farm levy
     5. $30,000 for the Newmarket Downtown Business Improvement Area (BIA)
     6. $20,379,125 for the Water Rate Group
     7. $21,321,864 for the Wastewater Rate Group
     8. $2,141,135 for the Stormwater Rate Group
     9. $2,743,862 for the Building Permit Rate Group; and,
  4. That a Capital Spending Authority of $50,620,079 be established, being $37,810,575 for 2020 and $12,809,504 for 2021; and
  5. That the draft 2020 Operating and Capital Budgets be forwarded to the Council meeting of December 2, 2019 for final approval; and
  6. 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.
     2. Accept and adjust the budget for new provincial and/or federal funding provided there is no tax levy impact; and,
  7. That Council approve a $20,000 request from Neighbourhood Network for sponsorship of a collaborative approach to diversity to be included as an operating budget item and funded from an appropriate reserve fund; and,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.3

2020 Recreation & Culture User Fees & Charges

• 1. That the report entitled Recreation & Culture – Rates & Fees, 2020 dated Nov 25, 2019 be received; and,
  2. That the Schedules “A(1) to A(16)” marked as the Town of Newmarket Recreation & Culture Services Fees and Charges Schedules be approved by Bylaw; and,
  3. That the Recommending A Strategy (RAS) surcharge that is currently applied as an additional charge to all facility permits and program registrations be amended as set forth in Schedules “A(1) to A(16); and,
  4. That the fee adjustments for 2020 come into full force and affect as of January 1, 2020, save and except for program fees where the program began prior to March 1st, 2020; and,
  5. That fee increases for above noted program take affect as of March 1st, 2020; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.4

2020 Water and Wastewater Rates

• 1. That the report entitled 2020 Water and Wastewater Rates dated November 25, 2019 be received; and,
  2. That the attached Schedule “A” being the Town of Newmarket Water and Wastewater Rates be approved and adopted by by-law; and,
  3. That the Water and Wastewater Rates adjustments come into full force and effect as of January 1, 2020.

9.2.5

2020 Stormwater Rates

• 1. That the report entitled 2020 Stormwater Rates dated November 25, 2019 be received; and,
  2. That the attached Schedule “A” being the Town of Newmarket 2020 Stormwater Rates be approved and adopted by by-law; and,
  3. That the 2020 Stormwater Rates come into full force and effect as of January 1, 2020.

9.2.6

2020 User Fees and Charges – Planning Act Fees

• 1. That the report entitled 2020 User Fees and Charges – Planning Act Fees dated November 25, 2019 be received; and,
  2. That the attached Schedule “A” being the Town of Newmarket 2020 Planning Application Fees Schedule be approved and adopted by by-law; and,
  3. That the fee adjustments come into full force and effect as of January 1, 2020.

9.2.7

2020 Building Permit Fees

• 1. That the report entitled 2020 Building Permit Fees dated November 25, 2019 be received; and,
  2. That the attached Schedule “A” being the Town of Newmarket 2020 Building Permit Fee Schedule be approved and adopted by by-law; and,
  3. That the fee adjustments come into full force and effect as of January 20, 2020.

9.2.8

2020 Fees and Charges – General – Various Departments

• 1. That the report entitled 2020 Fees and Charges – General – Various Departments dated November 25, 2019 be received; and,
  2. That the attached Schedules “A”, “B”, “C”, “D”, “E” and “F” marked as the Town of Newmarket 2020 All Departments, Corporate Services – Finance & Procurement, IT, Legal Services, Public Works Services, Engineering Services, Legislative Services respectively, be approved and adopted by by-law; and,
  3. That the fee adjustments come into full force and effect as of January 1, 2020.

9.2.9

Established Neighbourhoods Study – Interim Control By-law

• 1. That the report entitled Established Neighbourhoods Study – Interim Control By-law dated November 25, 2019 be received; and,
  2. That the By-law included as Attachment 2 be adopted; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.10

Site Specific Exemption to Interim Control By-law 2019-04 for 81 Joseph Street

• 1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 for 81 Joseph Street dated November 25th, 2019 be received; and,
  2. That Council approve the requested site-specific exemption to Interim Control by-law 2019-04 for 81 Joseph Street and adopt the attached exemption by-law.

9.2.11

Bill 108 – Planning Review Process Changes

• 1. That the report entitled Bill 108 – Planning Review Process Changes dated November 25, 2019 be received; and,
  2. That Council endorse the recommended process changes; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.12

Adoption of the Emergency Response Plan 

• 1. That the report entitled Adoption of the Emergency Response Plan dated November 12, 2019 be received; and,
  2. That the updated Emergency Response Plan be enacted; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.13

Regional Incentive Programs – 175 Deerfield Road

• 1. That the report entitled Regional Incentive Programs – 175 Deerfield Road dated November 25, 2019 be received; and,
  2. That the amended incentives for the 175 Deerfield Road development be approved to align with the new Regional incentive program as presented in this report; and,
  3. That staff be directed to review the newly-adopted Regional incentive programs for rental housing and office developments and provide recommendations on how to maximize benefit to Newmarket; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.14

VivaNext Bus Rapid Transit Y3.2 Yonge Street Noise By-law Exemption

• 1. That the report entitled VivaNext Bus Rapid Transit Y3.2 Yonge Street Noise By-law Exemption dated November 25, 2019 be received; and,
  2. That the request from RapidLINK for a noise exemption to perform necessary works for the vivaNext Bus Rapid Transit Y3.2 project between the hours of 8:00 PM to 7:00 AM on weekdays, and between the hours of 5:00 PM to 9:00 AM on weekends from January 1, 2020 until December 31, 2020 (7 days a week), be approved; excluding December 25, 2020 (Christmas Day) and December 26, 2020 (Boxing Day); and,
  3. That this approval is subject to ongoing staff supervision and community impact assessment and revocation if community impact is deemed excessive by staff or Council; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.2.15

Motion from October 16, 2019 Newmarket Public Library Board meeting regarding eContent Campaign

• Whereas, the Town of Newmarket recognizes the important role that libraries play in our community. Libraries and the early literacy programs that they run are integral to developing proficient readers and ensuring that children succeed in school. More and more, digital literacy programs run by libraries also help ensure that citizens can contribute to our digital world. Additionally, vulnerable demographic groups, including seniors, low income families, youth, and new Canadians rely on access to libraries as an important tool for their participation in the community – from education to searching for jobs to consuming Canadian cultural materials; and,

  Whereas, libraries in our community recognize that our users increasingly seek to access ebooks and other e-content offered by multinational publishers, and that access to those publications is too often curtailed by prohibitively high licensing fees or else entirely denied to Canadian libraries; and,

  Whereas, libraries must be in a position to offer e-books and other e-content to their users as part of their service offering to our community, particularly given the contemporary rapid pace of digitization of educational and cultural materials.

  Now, therefore be it resolved that the Town of Newmarket does hereby:

  1. Indicate our support for the Canadian Urban Libraries Council in its efforts to increase access to ebooks and other econtent for library users in Newmarket and across Canada; and,
  2. Call on the federal government to investigate the barriers faced by libraries in acquiring ebooks and other econtent and the problems that poses for vulnerable demographic groups in Canada; and,
  3. Further ask the federal government to develop a solution that increases access to ebooks and other econtent across Canada and assists libraries in meeting the cost requirements to acquire e-books and other e-content.

9.2.16

Central York Fire Services – Joint Council Committee Meeting Minutes of September 3, 2019 and the Special Meeting Minutes of September 11, 2019 and October 22, 2019

• 1. That the Central York Fire Services – Joint Council Committee Meeting Minutes of September 3, 2019 and the Special Meeting Minutes of September 11, 2019, and October 22, 2019 be received. 

9.2.17

Central York Fire Services – Joint Council Committee Special Meeting (Closed Session) Minutes of September 11, 2019

• 1. That the Central York Fire Services – Joint Council Committee Special Meeting (Closed Session) Minutes of September 11, 2019 be received.

9.2.18

Elman W. Campbell Museum Board of Management Meeting Minutes of September 19, 2019

• 1. That the Elman W. Campbell Museum Board of Management Meeting Minutes of September 19, 2019 be received.

9.2.19

Heritage Newmarket Advisory Committee Meeting Minutes of October 1, 2019 and October 16, 2019

• 1. That the Heritage Newmarket Advisory Committee Meeting Minutes of October 1, 2019 and October 16, 2019 be received.

9.2.20

Item 9.1 of the Heritage Newmarket Advisory Committee Meeting Minutes of October 1, 2019

• 1. That Council refer the following to staff for review and report:
     1. That the Heritage Newmarket Advisory Committee recommend to Council that the windows in the Stickwood Walker House be replaced only if it can be demonstrated that they cannot be restored; and,
     2. That the tail wing structure of the house be restored.

9.2.21

Main Street District Business Improvement Area Annual General Meeting Minutes of November 20, 2018 and General Meeting Minutes of March 27, 2019

• 1. That the Main Street District Business Improvement Area Annual General Meeting Minutes of November 20, 2018 and General Meeting Minutes of March 27, 2019 be received.

9.2.22

Outstanding Matters List

• 1. That the outstanding matters list be received. 

9.2.23

Public Planning - 665-695 Stonehaven Avenue - Zoning By-law Amendment Application

• 1. That the presentation regarding 665-695 Stonehaven Avenue provided by Brad Rogers be received. 

9.2.24

Public Planning - Glenway High Density Block 164-165

9.2.24.1

Deputations

• 1. That the presentation regarding Glenway High Density Block 164 - 165 provided by Joanne Barnett, Richard Zelinka, and Peter Slama be received; and,
  2. That the deputations provided by Roland Garfit, Maged Youssef, Daniel Williams and Kai Deuitch regarding Glenway High Density Block 164 - 165 be received.

9.3

Committee of the Whole Meeting (Closed Session) Minutes of November 25, 2019

• 1. That the Committee of the Whole Meeting (Closed Session) Minutes of November 25, 2019 be approved.

9.4

Item 4.1 of the Central York Fire Services - Joint Council Committee Special Meeting of November 26, 2019 Draft Minutes

Note: Joint Council Committee Report No. OPS19-025 attached for information purposes.

• The Joint Council Committee recommends to Council:

  1. That Report No. OPS19-025 be received; and,
  2. That the revised design of Station 4-5 be approved; and,
  3. That the revised budget of $13,567,727 be approved with funding as follows:
     
     1. $11,000,000 from original funding sources; and,
     2. $1,650,000 from reserves, as a 15% variance for a Class "C" estimate; and,
     3. $917,727 from operational savings including but not limited to delayed hirings through 2020 and 2021.
  4. That the Joint Council Committee (JCC) recommend that the tender be awarded to REMO General Contracting Ltd. in the amount of $10,836,817.

10.

By-laws

2019-75 A By-law to Adopt Fees and Charges for Services or Activities provided by the Town of Newmarket (Fees and Charges – Recreation and Culture)

2019-76 A By-law to establish a Combined Utility Rate Structure in the Town of Newmarket for 2020

2019-77 A By-law to establish a Stormwater Rate in the Town of Newmarket for 2020

2019-78 A By-law to adopt Fees And Charges For Services Or Activities Provided By The Town Of Newmarket. (Planning Department Application Fees)

2019-79 A By-law to adopt Fees And Charges For Services Or Activities Provided By The Town Of Newmarket. (All Departments, Corporate Services – Finance & Procurement, IT, Legal Services, Public Works Services, Engineering Services, Legislative Services)

2019-80 A By-law To Amend By-Law Number 2010-40, As Amended By By-Law 2014-51(Lift holding (H) provision - Sundial Phase Two)

2019-81 A By-law to grant a site specific exemption from Interim Control By-law 2019-04 (81 Joseph Street)

2019-82 A By-law to adopt the updated Emergency Management Program and Emergency Response Plan

• 1. That By-laws 2019-75, 2019-76, 2019-77, 2019-78, 2019-79, 2019-80, 2019-81, and 2019-82 be enacted.

11.

Notices of Motions

12.

Motions

13.

Announcements & Community Events

14.

New Business

15.

Closed Session

15.1

184-186 Main Street South - Negotiation/Potential Litigation

A position, plan, procedure, criteria or instruction to be applied to any negotiations 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.

15.2

Leslie Valley Service Agreement

A position, plan, procedure, criteria or instruction to be applied to any negotiations 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.

16.

Confirmatory By-law

2019-83 A By-law to Confirm the Proceedings of the December 2, 2019 Council meeting

• 1. That By-law 2019-83 be enacted.

17.

Adjournment