Town of Newmarket

Minutes

Council - Electronic

Meeting #:
Date:
Time:
-
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 Morrison
  • Councillor Kwapis
  • Councillor Broome (1:09 PM - 4:02 PM)
  • Councillor Bisanz
Members Absent:
  • Councillor Twinney
Staff Present:
  • J. Sharma, Chief Administrative Officer
  • E. Armchuk, Commissioner of Corporate Services
  • P. Noehammer, Commissioner of Development & Infrastructure Services
  • L. Lyons, Director of Legislative Services/Town Clerk
  • K. Saini, Deputy Town Clerk
  • J. Unger, Acting Director of Planning & Building Services
  • A. Walkom, Legislative Coordinator
  • J. Grossi, Legislative Coordinator

The meeting was called to order at 1:02 PM.
Mayor Taylor in the Chair.
Council recessed at 2:17 PM and reconvened at 2:26 PM.


Mayor Taylor acknowledged that the Town of Newmarket is located on the traditional territories of the Wendat, Haudeno-saunee, and the Anishinaabe peoples and the treaty land of the Williams Treaties First Nations and other Indigenous peoples whose presence here continues to this day. He thanked them for sharing this land with us. Mayor Taylor also acknowledge the Chippewas of Georgina Island First Nation as our close neighbours and friends, and that we work to ensure a cooperative and respectful relationship.

Mayor Taylor advised that the Municipal Offices were closed to the public and 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 clerks@newmarket.ca or by joining the meeting electronically through video or telephone. He advised residents that their comments would form part of the public record.

The Clerk advised of the following additions to the agenda:

  • Item 4.1.2.: Correspondence regarding Application for Zoning By-law Amendment at 49, 55, 59 Charles Street and 52 Prospect Street - Gerald Fox
  • Item 4.1.3. Correspondence regarding Application for Zoning By-law Amendment at 49, 55, 59 Charles Street and 52 Prospect Street - Venus Rebollado
  • Item 4.1.4. Correspondence regarding Application for Zoning By-law Amendment at 49, 55, 59 Charles Street and 52 Prospect Street - Bruce & Maureen Carmichael
  • Item 4.2.: Remote Deputation regarding Application for Zoning By-law Amendment - 292-294 Court Street - Tami Heider
  • Item 6.2.: Written Deputation regarding Animal Control & Pet Store Licensing - Keith Burgess
  • Item 6.3.: Remote Deputation regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent - Shawna Ciccarelli
  • Item 6.4.: Written Deputation regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent - Beric Farmer
  • Item 6.5.: Written Deputation regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent - Suzanne & Jon Saunders
  • Item 6.6.: Written Deputation regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent - Deb Scott
  • Item 6.7.: Written Deputation regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent - Glen & Christine Parnell
  • Item 6.10.: Written Deputation regarding Bicycle Lane 2020 Updates - Traffic and Parking By-law Amendments - David Kempton
  • Item 6.11.: Written Deputation regarding Bicycle Lane 2020 Updates - Traffic and Parking By-law Amendments - Paul Jolie
  • Moved by:Councillor Morrison
    Seconded by:Councillor Kwapis
    1. That the rules of Procedure be waived to allow Council to consider more than 5 deputations; and,
    2. That the additions to the agenda be approved.
    Carried by Two Thirds

Councillor Woodhouse declared a conflict related to items 9.1.4 & 9.1.5 being the Short Term Rental Licensing Presentation and Staff Report. He advised he has a client who operates a hotel in the Newmarket area.

The Clerk welcomed the public to the Virtual Public Planning and Council meeting. She advised that the Planning Act requires the Town to hold at least one public meeting on any proposed Zoning By-law Amendment, Official Plan Amendment or Draft Plan of Subdivision or Condominium.

The Clerk advised that the purpose of the public meeting is to hear from anyone who has an interest in either of the following applications:

  • Application for Zoning By-law Amendment - 49, 55, 59 Charles Street and 52 Prospect Street. The purpose and effect of this Zoning By-law amendment is to rezone the lands to permit 42 apartment units, configured into two 4-storey apartment buildings on 49 Charles Street and 52 Prospect Street and 9 stacked townhouse units, configured in one 3-storey building on 55 and 59 Charles Street. 
  • Application for Zoning By-law Amendment - 292-294 Court Street. The purpose and effect of this Zoning By-law amendment is to rezone the lands to permit two single-detached dwellings, subject to approval of a future severance application.

She further advised that Council would not make a decision regarding the proposed applications at the public meeting, but will refer all written and verbal comments to Planning Staff to consider and return with a report to a future Committee of the Whole or Council meeting.

The Clerk encouraged anyone who was interested in providing verbal feedback to Council regarding these applications to join the meeting electronically by emailing clerks@newmarket.ca.

The Clerk advised that if anyone wished to be notified of any subsequent meetings regarding this matter, they may email planning@newmarket.ca.

The Clerk noted that in accordance with the Planning Act, the Local Planning Appeal Tribunal may dismiss an appeal to the Tribunal, without holding a hearing, if the appellant failed to make either oral submissions at the public meeting or provide written submissions to Council prior to adoption of the application.

The Clerk thanked residents for their participation and interest in the meeting.

Drew MacMartin, MacMartin Group Ltd. provided a presentation regarding the zoning by-law amendment application for 49, 55, 59 Charles Street and 52 Prospect Street. He outlined the proposed development floorplans and elevations, the zoning by-law amendment, and site plan applications. He also provided an overview of the proposed public art and public parkland components. 

Members of Council queried the presenter regarding garbage collection plans, parking availability, and the design of the units. 

The Acting Director of Planning and Building Services provided Council with the next steps regarding the application process and advised that Staff would bring a report back to a future Committee of the Whole meeting.

  • Moved by:Councillor Kwapis
    Seconded by:Deputy Mayor & Regional Councillor Vegh
    1. That item 4.1, being a presentation regarding the application for Zoning By-law Amendment for 49, 55, 59 Charles Street and 52 Prospect Street provided by Drew MacMartin, MacMartin Group Ltd., be received; and, 
    2. That sub-items 4.1.1, 4.1.2, 4.1.3, and 4.1.4, being correspondence provided by Murray MacDonald, Gerald Fox, Venus Rebollado, and Bruce and Maureen Carmichael regarding the application for Zoning By-law Amendment for 49, 55, 59 Charles Street and 52 Prospect Street, be received. 
    Carried

Deborah Alexander, Alexander Planning Inc. provided a presentation regarding the application for Zoning By-law Amendment for 292-294 Court Street. She provided a comparison to neighbouring properties, explained the design elements comparable to neigbouring heritage homes, and outlined the proposed elevation.

Members of Council queried Staff regarding an opportunity for input from the Heritage Newmarket Advisory Committee.

The Acting Director of Planning and Building Services provided Council with the next steps regarding the application process and advised that Staff would bring a report back to a future Committee of the Whole meeting.

Tami Heider provided a remote deputation outlining her concerns with the zoning by-law amendment application which included the shadows cast from the proposed dwellings due to grade of Court Street, specific design elements, and drainage plans. 

  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Kwapis
    1. That item 4.2, being a presentation regarding the application for Zoning By-law Amendment of 292-294 Court Street provided by Deborah Alexander, Alexander Planning Inc., be received; and,
    2. That sub-item 4.2.1, being a remote deputation provided by Tami Heider regarding the application for Zoning By-law Amendment for 292-294 Court Street, be received. 
    Carried

Liz White, Director with Animal Alliance Canada, provided a remote deputation regarding the draft Animal Control by-law and recommended an amendment to the animal research wording.

The Manager of Regulatory Services advised that this amendment had been added to the draft by-law on this Council agenda for approval.

Mayor Taylor read aloud the written deputation provided by Keith Burgess of Pet Paradise, which expressed his concern with the lack of public consultation regarding the amended permitted animals list. 

The Manager of Regulatory Services advised Council that all deputants from the Special Committee of the Whole meeting on June 15, 2020 were contacted and provided input on the new permitted animals list. He further explained the opportunity for residents to have their current pets grandfathered if they became unlawful through this by-law approval.

  • Moved by:Councillor Broome
    Seconded by:Councillor Kwapis
    1. That item 6.1, being a remote deputation regarding Animal Control & Pet Store Licensing provided by Liz White, be received; and,
    2. That item 6.2, being a written deputation regarding Animal Control & Pet Store Licensing provided by Keith Burgess, be received.
    Carried

Shawna Ciccarelli provided a remote deputation regarding her family's application for a Site Specific Exemption to Interim Control By-law 2019-04. Her deputation clarified the proposed square footage, and height of the dwelling, as well as advised that no trees would be removed during renovation.

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Woodhouse
    1. That the remote deputation regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent by Shawna Ciccarelli be received.
    Carried

Mayor Taylor read aloud the written deputation provided by Beric Farmer which expressed his support for the application and asked Council to use the criteria for granting an exemption request.

Mayor Taylor read aloud the written deputation provided by Suzanne and Jon Saunders which expressed their support for the application as the proposed design would fit well with the streetscape.

Mayor Taylor read aloud the deputation provided by Deb Scott which expressed her support for the application and asked Council to refer to the criteria for granting Interim Control By-law exemptions.

Mayor Taylor read aloud the written deputation provided by Glen and Christine Parnell which expressed their support for the application and outlined their concern with the Committee of the Whole recommendation to Council. 

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Woodhouse
    1. That sub-items 6.4, 6.5, 6.6 and 6.7, being written deputations provided by Beric Farmer, Suzanne and Jon Saunders, Deb Scott, and Glen and Christine Parnell regarding Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent, be received.
    Carried

Stephen Harper provided a remote deputation on behalf of Cycle Newmarket which expressed their support for the bike lanes proposed in the Bicycle Lane 2020 Updates - Traffic and Parking By-law Amendments Staff Report. He outlined the importance of cycling and the connection that these lanes will provided through the Town of Newmarket.

  • Moved by:Councillor Morrison
    Seconded by:Councillor Broome
    1. That the remote deputation from Stephen Harper regarding Bicycle Lane 2020 Updates – Traffic and Parking Bylaw Amendments be received.
    Carried

Mayor Taylor read aloud the written deputation provided by Brenda Russell which expressed her support for the proposed bike lanes and encouraged additional lanes throughout the Town.

Mayor Taylor read aloud the written deputation provided by David Kempton which outlined the positive effects that bike lanes have in the fight against climate change, and expressed his support for the proposed lanes in the Town.

Mayor Taylor read aloud the written deputation provided by Paul Jolie which expressed his support for the proposed bike lanes and addressed concerns of the residents regarding parking.

  • Moved by:Councillor Morrison
    Seconded by:Deputy Mayor & Regional Councillor Vegh
    1. That sub-items 6.9, 6.10 and 6.11, being written deputations provided by Brenda Russell, David Kempton, and Paul Jolie regarding Bicycle Lane 2020 Updates - Traffic and Parking By-law Amendments, be received.
    Carried
  • Moved by:Councillor Simon
    Seconded by:Councillor Kwapis
    1. That the Council Meeting Minutes of March 2, 2020 be approved. 
    Carried
  • Moved by:Councillor Morrison
    Seconded by:Councillor Broome
    1. That the Special Council - Electronic Meeting Minutes of June 8, 2020 be approved.
    Carried

Deputy Mayor & Regional Councillor Vegh advised non-medical masks would be mandatory on all VIVA and York Region Transit (YRT) buses as of Thursday, July 2, 2020.

He also advised that a Special Meeting of Regional Council has been scheduled for Thursday, July 9, 2020 to allow for discussion regarding mandatory wearing of non-medical masks in indoor spaces and those outdoor spaces where physical distancing requirements could not be met.

Mayor Taylor advised that York Region's first electric bus was launched June 29, 2020 and is currently operating on Davis Drive in Newmarket.

  • Moved by:Councillor Simon
    Seconded by:Councillor Broome
    1. That sub-items 9.1.1, 9.1.2, 9.2.1, 9.2.2, 9.2.3, 9.2.4, 9.2.5.1, 9.2.6, 9.2.9, 9.2.10, 9.2.11, 9.2.12, 9.2.13, 9.2.14, 9.2.15, and 9.2.16 be adopted on consent. See following sub-items 9.1.3, 9.1.4, 9.1.5, 9.2.5, 9.2.7 and 9.2.8 for motions.
    Carried
    1. That the Special Committee of the Whole - Electronic Meeting Minutes of June 15, 2020 be received and the recommendations noted within be adopted.
    1. That the presentation regarding Animal Control & Pet Store Licensing be received. 
  • Moved by:Councillor Kwapis
    Seconded by:Councillor Morrison

    1. That Council approve the amendment prohibiting the procurement of animals for research, as presented in Section 4(11) of the draft Animal Control By-law.

    Carried
  • Moved by:Councillor Broome
    Seconded by:Councillor Kwapis

    2. That the report entitled Animal Control and Pet Store Licensing dated June 15, 2020 be received; and,

    3. That Council approve the draft Animal Control By-law with the following amendments:

      1. Animal protections are extended to animals other than cats and dogs; and,
      2. Schedule A: Prohibited Animals is replaced by a list of permitted animals; and,

    4. That Council direct staff to move forward with a phased approach to breeders and kennels, where zoning is amended to permit such businesses within specific zones;

    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    6. That Council approve the draft Business Licence By-law as presented.

    Carried
  • Sub-items 9.1.4 and 9.1.5 were dealt with together.

    Moved by:Councillor Broome
    Seconded by:Councillor Morrison
    1. That the presentation regarding Short Term Rental Licensing be received; and,
    2. That the report entitled Short Term Rental Licensing dated June 15, 2020 be received; and,
    3. That Council approve the draft Business Licence By-law; and,
    4. That Council direct staff to amend the proposed fee schedule as follows:
      1. Short Term Rentals – 1 Bedroom: $100.00
      2. Short Term Rentals – 2 Bedrooms: $200.00
      3. Short Term Rentals – 3 Bedrooms: $300.00
    5. That Council amend the AMPS By-law 2019-62 and Fees and Charges By-law 2019-52; and,
    6. That Council direct staff to bring forward a report regarding a Municipal Accommodation Tax (MAT) on all short term rental properties in Q3/Q4 2021; and,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

    Councillor Woodhouse took no part in the discussion or vote on the foregoing matter due to a declared conflict.


    1. That the Committee of the Whole - Electronic Meeting Minutes of June 22, 2020 be received and the recommendations noted within be adopted.
    1. That the remote deputation from Shawna Ciccarelli regarding the Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent be received.
    1. That the report entitled Property Tax Rates and By-law for 2020 dated June 22, 2020 be received; and,
    2. That the property tax rates for 2020 be applied to the assessment roll returned in 2019 for 2020 taxation be set for Town purposes as follows:
      Residential 0.309270%; Multi-Residential 0.309270%; Commercial 0.411979%; Industrial 0.508192%; Pipeline 0.284219%; Farm 0.077318%; 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 report entitled Summer Camps 2020 dated June 10, 2020 be received; and,
    2. That the staff recommendation of not offering any in person summer day camp programming in 2020 be approved; and,
    3. That staff proceed with alternative programming including: promotion of virtual camps, exploration of small group short programs, and camper activity kits; and,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That Council direct staff to liaison with soccer and baseball organization to issue permits if requested and if advisable; and,
    2. That the Information Report entitled COVID-19 Re-openings Update, dated June 19, 2020 be received.
  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Bisanz
    Seconded by:Councillor Woodhouse
    1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 for subject property 164 Beechwood Crescent dated June 22nd, 2020 be received; and,
    2. That Council approve the requested site-specific exemption to Interim Control by-law 2019-04 for 164 Beechwood Crescent and adopt an exemption by-law.
    Carried
    1. That the written deputations provided by Colleen Hedican, Elaine Adam, Janet Caverly and Steven Sugar, Ron Owston and Anke Owston, Rob Anderson, Laura and Andrew Cummings, Beric Farmer, Jeff Kirke, Dan Bell, and Tammy Ward regarding the Site Specific Exemption to Interim Control By-law 2019-04 for 164 Beechwood Crescent, be received.
    1. That the report entitled Interim Control By-law Extension dated June 22nd 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.
  • Moved by:Councillor Morrison
    Seconded by:Councillor Woodhouse
    1. That the report entitled Bicycle Lane 2020 Updates – Traffic and Parking Bylaw Amendments dated June 22, 2020 be received; and,
    2. That the Traffic Bylaw amendments noted in Appendix A be approved; and,
    3. That the Parking Bylaw amendments noted in Appendix B be approved; and,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
    1. That the written deputations provided by Rick Warner & Martina Drover and Susan & Phil Shrewsbury-Gee regarding Bicycle Lane 2020 Updates – Traffic and Parking Bylaw Amendments, be received.
  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Kwapis
    Seconded by:Councillor Broome
    1. That the report entitled Mobile Signs dated June 22, 2020 be received; and,
    2. That Council directs staff to waive all fees associated to both mobile signs and portable signs for 2020 to financially support local business owners; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Whereas the Province entered into a Memorandum of Understanding and a Local Side Agreement with The Regional Municipality of York and the nine local municipalities with an effective date of June 30, 1999, for the operation of the Provincial Offences Court, the prosecution of charges laid using the process under Parts I and II of the Provincial Offences Act, and the transfer of records, files, assets, revenue and financial arrangements; and,

    Whereas the Province intends to transfer the prosecution of charges laid using the Part III process under the Provincial Offences Act, along with all records, files and assets, through amending agreements to the Memorandum of Understanding and the Local Side Agreement,

    Now therefore be it resolved:

    1. That the Council of the Town of Newmarket hereby delegates authority to The Regional Municipality of York to execute amending agreements with the Province to amend the Memorandum of Understanding and the Local Side Agreement on behalf of the Town of Newmarket, subject to the review of the final agreements by and to the satisfaction of the Municipal Solicitor.
    1. That the Information Report entitled Honeywell – 2019 Energy & Operational Savings Report, dated June 12, 2020, be received for information.
    1. That the Resolution from the City of Markham regarding the Single Use Plastic Reduction Strategy - Phase 1 be received for information and referred to Staff.
    1. That the Central York Fire Services - Joint Council Committee Meeting Minutes of January 7, 2020 be received.
    1. That the Elman W. Campbell Museum Board Meeting Minutes of January 16, 2020 be received. 
    1. That the Heritage Newmarket Advisory Committee Meeting Minutes of January 7, 2020 be received. 
    1. That the Newmarket Public Library Board Meeting Minutes of December 18, 2019 be received.
    1. That the Main Street District Business Improvement Area Board of Management Meeting Minutes of January 15, 2020 be received. 
  • Moved by:Councillor Broome
    Seconded by:Councillor Woodhouse

    1. That By-laws 2020-30, 2020-33, 2020-34, 2020-35, 2020-36, 2020-37, 2020-38, 2020-39, 2020-40, 2020-41, and 2020-43 be enacted.

    Carried
  • Moved by:Councillor Broome
    Seconded by:Councillor Bisanz

    2. That By-laws 2020-31 and 2020-32 be enacted.

    Carried

    Councillor Woodhouse took no part in the discussion or vote on the foregoing matter due to a declared conflict.


Councillor Kwapis commended staff on their work to prepare the downtown area for Canada Day by setting up flowers and hanging flags.

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

14.1
Approval of Closed Session Minutes
 

14.1.1
Special Council - Electronic Meeting (Closed Session) Minutes of June 8, 2020
 

  • Moved by:Councillor Bisanz
    Seconded by:Councillor Morrison
    1. That the Special Council - Electronic Meeting (Closed Session) Minutes of June 8, 2020 be approved.
    Carried
  • Moved by:Councillor Broome
    Seconded by:Councillor Woodhouse
    1. That By-law 2020-42 be enacted.
    Carried
  • Moved by:Councillor Simon
    Seconded by:Councillor Bisanz
    1. That the meeting be adjourned at 4:02 PM.
    Carried
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