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 Twinney
  • Councillor Morrison
  • Councillor Kwapis
  • Councillor Broome
  • Councillor Bisanz
Staff Present:
  • J. Sharma, Chief Administrative Officer
  • E. Armchuk, Commissioner of Corporate Services
  • P. Noehammer, Commissioner of Development & Infrastructure Services
  • I. McDougall, Commissioner of Community Services
  • L. Lyons, Director of Legislative Services/Town Clerk
  • K. Saini, Deputy Town Clerk
  • J. Unger, Director of Planning & Building Services
  • A. Walkom, Legislative Coordinator
  • J. Grossi, Legislative Coordinator

The meeting was called to order at 1:00 PM.
Mayor Taylor in the Chair.
Council recessed at 3:10 PM and reconvened at 3:21 PM.
Council recessed at 4:14 PM and reconvened at 4:24 PM.


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.

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 acknowledged 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 acknowledged National Indigenous Peoples Day by reflecting on the history of Indigenous peoples in the Newmarket area and the goals of Truth and Reconciliation. 

Kim Wheatley provided a presentation to Council on the history of National Indigenous Peoples Day, the traditional four orders of Creation and performed a song as a gift to Council.

The Clerk advised of the following additions to the agenda:

  • Item 4.1.1: Correspondence submitted by Mike McGhee regarding the Public Hearing Matter on 17600 Yonge Street - Upper Canada Mall Master Plan
  • Item 14.2: Closed Session Item regarding Personal matters about an identifiable individual, including municipal or local board employees, as per Section 239 (2)(b) of the Municipal Act, 2001.
  • Item 6.2: Deputation provided by Amanda Stassen regarding Personal Wellness Establishments.
  • Item 6.3: Deputation provided by Tanya Mok regarding Personal Wellness Establishments.
  • Item 6.4: Deputation provided by Dongmei Li regarding Personal Wellness Establishments.
  • Item 6.5: Deputation provided by Jenny Liang regarding Personal Wellness Establishments.
  • Item 6.6: Deputation provided by Anna Lippman regarding Personal Wellness Establishments.
  • Item 6.7: Deputation provided by Sandra Ka Hon Chu regarding Personal Wellness Establishments.
  • Item 6.8: Deputation provided by Casandra Diamond regarding Personal Wellness Establishments.
  • Item 6.9: Deputation provided by Ivy Chan regarding Personal Wellness Establishments.
  • Item 6.10: Deputation provided by Elene Lam regarding Personal Wellness Establishments.
  • Items 9.5.1 to 9.5.34: Correspondence related to Personal Wellness Establishments.
  • Moved by:Councillor Twinney
    Seconded by:Councillor Morrison
    1. That Council suspend the Procedure By-law to permit more than five deputations; and,
    2. That the additions to the agenda be approved.
    Carried by Two Thirds

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 the following application:

  • 17600 Yonge Street - Upper Canada Mall Master Plan - The purpose of this amendment is to update the Secondary Plan policies with a Master Plan for the subject lands. The proposed Master Plan will guide the future long-term development of the lands surrounding the Mall. The applicant is proposing to put into effect a Master Plan that has been prepared for the subject lands, in accordance with Section 5.3.4 of the Urban Centres Secondary Plan. In planning for future growth and expansion, the proposed Master Plan will guide the future long-term development of the lands surrounding the Upper Canada Mall. While the Upper Canada Mall will continue to exist as planned, this Master Plan proposes to add, in phases, mixed use land uses of varying densities and heights, approximately 5,100 residential units, 9,700 square meters of non-residential Gross Floor Area, a new road system, approximately 4,500 parking spaces above/below ground and approximately 1.8 hectares of new public parks.

The Clerk encouraged anyone who was interested in providing verbal feedback to Council regarding the application 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 Ontario Land 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.

Oz Kemal, MHBC Planning, Urban Design & Landscape Architecture provided a presentation regarding the application to update the Secondary Plan policies with a Master Plan for the subject lands located at 17600 Yonge Street, which proposes to add, in phases, mixed use land uses of varying densities and heights, approximately 5,100 residential units, 9,700 square meters of non-residential Gross Floor Area, a new road system, approximately 4,500 parking spaces above/below ground and approximately 1.8 hectares of new public parks.

The presentation included an overview of the applicable policy and regulatory framework, the proposed phasing timelines, draft road network and pedestrian pathways, and sample park renderings. 

The Director, Planning & 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.

  • An alternate motion was presented and is noted below in bold. 

    Moved by:Councillor Bisanz
    Seconded by:Councillor Broome
    1. That the presentation provided by Oz Kemal, MHBC Planning, Urban Design & Landscape Architecture regarding 17600 Yonge Street - Upper Canada Mall Master Plan be received; and, 
    2. That sub-item 4.1.1 being correspondence provided by Mike McGhee be received.
    Carried

Hamid Electriciteh provided a deputation which outlined his heritage permit application to restore the door on the upper floor terrace on 214-218 Main Street South and asked why Committee of the Whole had voted to defer the application.

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Simon
    1. That the deputation provided by Hamid Electriciteh regarding Main Street Balconies be received.
    Carried

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Amanda Stassen provided a deputation in which she provided her support for the proposed regulations due to the potential association with prostitution and human trafficking with body rub parlours.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Tanya Mok of Friends of Chinatown provided a deputation which outlined her opposition to the proposed regulations and outlined her concerns that the proposed regulations would impact Asian workers.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Dongmei Li provided a deputation which outlined her concerns that the proposed regulations would make it difficult to continue working in massage parlours.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Jenny Liang provided a deputation which shared her experience working in Canada as an immigrant and her opposition to the proposed regulations due to her concerns that the proposed regulations would make it difficult to continue working in massage parlours.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Anna Lippman provided a deputation which outlined her opposition to the proposed regulations as she believes that training exemptions are discriminatory and difficult for workers to comply with.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Sandra Ka Hon Chu of the HIV Legal Network provided a deputation which outlined her opposition to the proposed regulations due to the difficulty for workers of gaining accreditation in order to be licensed.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Casandra Diamond of BridgeNorth Women's Mentorship & Advocacy provided a deputation which outlined her support for the proposed regulations.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Ivy Chan provided a deputation which provided her experience working in a massage parlour and outlined her concerns that the proposed regulations would impact her ability to work.

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Elene Lam, Executive Director of Butterfly provided a deputation which outlined her opposition to the proposed regulations due to the effect it would have on immigrant massage parlour workers.

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Woodhouse
    1. That the Council - Electronic Meeting Minutes of May 31, 2021 be approved.
    Carried
  • Moved by:Councillor Broome
    Seconded by:Councillor Twinney
    1. That the Special Council - Electronic Meeting Minutes of June 8, 2021 be approved.
    Carried

Deputy Mayor & Regional Councillor Vegh provided an update on the recent York Region Council meeting, including the COVID-19 vaccination efforts. He provided an update on provincial funding for long-term care homes and advised that funding had been approved for various facilities throughout York Region. He further advised of York Region's efforts to update its Seniors Strategy.

  • Moved by:Councillor Bisanz
    Seconded by:Councillor Morrison
    1. That the Audit Committee recommends to Council that the Consolidated Financial Statements of The Corporation of Town of Newmarket for the year ended December 31, 2020 be approved, as amended; and,
    2. That the Audit Committee recommends to Council that the Financial Statements of Town of Newmarket Main Street District BIA for the year ended December 31, 2020 be approved.
    Carried
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Broome
    1. That the report entitled 2020 Financial Statements and Auditor’s Report dated June 21, 2021 be received; and,
    2. That the draft 2020 financial statements for the Corporation of the Town of Newmarket and the Town of Newmarket Main Street District BIA; the Financial Statement Discussion and Analysis prepared by staff; and the Report to the Audit Committee on the results of the December 31, 2020 financial statements audits from Deloitte LLP be received; and,
    3. That Council approve the 2020 financial statements for the Corporation of the Town of Newmarket and the Town of Newmarket Main Street District BIA as endorsed by the Audit Committee.
    Carried
  • Moved by:Councillor Twinney
    Seconded by:Councillor Morrison
    1. That the Council Workshop - Electronic Meeting Minutes of June 7, 2021 be received.
    Carried
  • Moved by:Councillor Simon
    Seconded by:Councillor Kwapis
    1. That the Committee of the Whole - Electronic Meeting Minutes of June 14, 2021 be received and the recommendations noted within be adopted.
    Carried
    1. That the presentation provided by Kim Clark and Erin Cerenzia regarding the Engaged Inclusive Communities Summary Report be received. 
    1. That the Engaged, Inclusive Communities Phase 1: Report be received for information. 
    1. That the report entitled York Region Municipal Comprehensive Review – 2051 Forecast dated June 14, 2021 be received; and,
    2. That Council endorse the comments outlined in this report; and,
    3. That Staff be directed to forward this report to the Regional Municipality of York for its consideration as part of the Municipal Comprehensive Review; and,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Condominium Process Amendments dated June 14, 2021 be received; and,
    2. That Council pass a by-law approving the condominium exemption for Connecticut Lane on the lands legally described as Block 53 on 65M-4683, on the basis that the overall development has been approved through the subdivision approval process for the development of the lands as a residential development and that all of the subdivision and development conditions have been addressed through that process, including the registration of a Subdivision Agreement; and,
    3. That Shining Hill Estate Collections Inc. c/o Paul Bailey, 1500 Highway 7 West, Concord ON L4K 5Y4 be notified of this action; and,
    4. That Malone Given Parsons Ltd., c/o Lincoln Lo, 140 Renfrew Drive, Suite 201, Markham ON L3R 6B3 be notified of this action; and
    5. That Council and staff adopt a new process for applications requesting exemption from the condominium process as permitted by Section 9(3) of the Condominium Act as outlined in this report; and,
    6. That Council institute a fee of $4,104.10 +HST for processing an exemption request; and,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled 200 Deerfield (Phase 3) Incentives for Affordable Housing and Rental Housing, dated June 14, 2021 be received; and,
    2. That Council approve the recommendations for development charge and fee deferral as outlined in this report; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled 2021 Reserves and Reserve Funds Budget dated June 14, 2020 be received; and,
    2. That 2021 Reserves and Reserve Funds Budget as set out in the attachment be approved; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled 2021 Budget Reconciliation dated June 14, 2021 be received; and,
    2. That the adjustments to the Council approved 2021 budget be adopted; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Alex Doner Drive Traffic Review – Sykes Road to Kirby Crescent dated June 14, 2021 be received; and,
    2. That Category 1 measures be approved for this section of Alex Doner Drive; and,
    3. That this report be sent to York Regional Police to provide enforcement as they deem necessary; and,
    4. That the traffic control review, such as all-way stops, be undertaken when traffic volumes have returned to a more normal level after the pandemic; and,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Stonehaven Avenue Traffic Review dated June 14, 2021 be received; and,
    2. That Category 1 measures be approved; and,
    3. That a painted median through the curved section of Stonehaven Avenue, west of Best Circle, approaching the commercial area at Bayview, be implemented; and,
    4. That this report be forwarded to York Region Police to provide traffic enforcement, as they deem necessary; and,
    5. That the traffic control review, for all-way stops or other stop control, be undertaken when traffic volumes have returned to a more normal level after the pandemic; and,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Commemorative Pride Bench dated June 14, 2021 be received; and,
    2. That the installation of a Pride Rainbow Bench, as attached in the report be approved; and,
    3. That Staff work with York Region Pride to finalize installation logistics at the Main Street location; and,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled Stormwater Management Ponds dated June 14, 2021 be received; and,
    2. That Council directs Staff to continue to not permit individuals to use Stormwater Management Ponds for recreational purposes in the Town of Newmarket; and,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the Accessibility Advisory Committee Meeting Minutes of March 18, 2021 be received. 
    1. That the Heritage Newmarket Advisory Committee Meeting Minutes of April 6, 2021 be received.
    1. That the Main Street District Business Improvement Area Board of Management Meeting Minutes of April 7, 2021 be received. 
    1. That the Newmarket Public Library Board Meeting Minutes of April 21, 2021 be received.
    1. That Council direct staff to investigate the addition of stop signs at the intersection of Frederick Curran Lane and Art West Way, making it an all-way stop intersection, and to report back to Council at the earliest opportunity.
    1. That Council direct staff to mail a copy of the William Roe Boulevard and Dixon Boulevard Traffic Update information report to residents who had previously requested notice on this matter.
    1. That Council direct staff to undertake a policy review and policy recommendations related to street facing balconies and other residential private outdoor amenity areas in the Main Street Heritage Conservation District; and,
    2. That Council direct staff to defer making a decision on any current heritage applications involving balconies or residential private outdoor amenity areas for pubic occupation/use within this district until the completion of this study.
  • Moved by:Councillor Morrison
    Seconded by:Councillor Woodhouse
    1. That sub-items 9.5.1, 9.5.2, 9.5.3, 9.5.4, 9.5.5, 9.5.6, 9.5.7, 9.5.8, 9.5.9, 9.5.10, 9.5.11, 9.5.12, 9.5.13, 9.5.14, 9.5.15, 9.5.16, 9.5.17, 9.5.18, 9.5.19, 9.5.20, 9.5.21, 9.5.22, 9.5.23, 9.5.24, 9.5.25, 9.5.26, 9.5.27, 9.5.28, 9.5.29, 9.5.30, 9.5.31, 9.5.32, 9.5.33, and 9.5.34 being correspondence provided by Joanna Ewart-James, Meenakshi Mannoe, Noa Mendelsohn Aviv, William Stassen, Gladys Mok, Irene Collard, Lisa Klassen, Renee Dumaresque, Wendy Lee, Carolina Jimenez, Colin and Sarah Macdonald, Michael McGahon, Daniel McIntyre, Natasha Tso, Amie Sawulski, Mikhaela Gray, Aaron Beerman, Genevieve Fuji Johnson, Louise Marling, Wendy Hayhoe, Lisa Bickle, Helen Hufnagel, Debbie Pond, Winnie Ng, Pam Cope, Kojo Damptey, Ruth Dow, Chinese Canadian Collective, Asian Queer Alliance, Asian Law Students of Osgoode 2021-2022, McMaster Stands with Hong Kong, Ontario Hong Kong Youth Action, Marnie Hill, and Robert Vallee be received. 
    Carried
  • Moved by:Councillor Twinney
    Seconded by:Councillor Kwapis
    1. That the Special Committee of the Whole - Electronic Meeting Minutes of June 16, 2021 be received and the recommendations noted within be adopted with the exception of sub-item 9.6.18. See following sub-item 9.6.18 for motion.
    Carried

Note: This item was dealt with under sub-item 9.6.18. Please see sub-item 9.6.18 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

Note: This item was dealt with under sub-item 9.6.17. Please see sub-item 9.6.17 for motion.

    1. That sub-items 9.6.2, 9.6.3, 9.6.4, 9.6.5, 9.6.6, 9.6.7, 9.6.8, 9.6.9, 9.6.10, 9.6.11, 9.6.12, 9.6.13, 9.6.14, 9.6.15, 9.6.16, and 9.6.17 being remote deputations provided by Katie Gilligan, Robert Vallee, Marnie Hill, Tsz Chan, Elene Lam, Lisa Zhang, Jessie Tang, Ann De Shalit, Elena Shih, Alice Cavanagh, Dr. Vivian Tam, Poe Liberado, Ivy Chan, Molly Bannerman, Stephanie Watts, and Jenny Liang be received. 
  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Simon
    Seconded by:Councillor Broome
    1. That sub-items 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9 and 6.10, being remote deputations provided by Amanda Stassen, Tanya Mok, Dongmei Li, Jenny Liang, Anna Lippman, Sandra Ka Hon Chu, Casandra Diamond, Ivy Chan, and Elene Lam be received; and,
    2. That the presentation provided by Flynn Scott, Manager of Regulatory Services regarding Personal Wellness Establishments be received; and,
    3. That the report entitled Licensing Regime for Personal Wellness Establishments dated June 16, 2021 be received; and,
    4. That staff be directed to proceed to a statutory public meeting in order to amend the Town’s Zoning By-laws to consider Personal Wellness Establishments; and,
    5. That Business By-law 2020-31 be amended to adopt the proposed Personal Wellness Establishment regulations, as amended to include language regarding residential use and restricting overnight accommodations in commercial storefronts; and,
    6. That the proposed Personal Wellness Establishment regulations within the Business By-law 2020-31 take effect at the same time that a future proposed amendment to the Zoning By-laws for Personal Wellness Establishments is deemed effective; and,
    7. That Schedule 7: Body-Rub Parlours of By-law 2002-151 be repealed; and,
    8. That the AMPS By-law 2019-62, Schedule A be amended as proposed in Attachment #2, as amended, and,
    9. That the Fees and Charges By-law 2020-09, Schedule F be amended as proposed in Attachment #3; and,
    10. That staff be directed and authorized and directed to do all things necessary to give effect to this resolution.
    Carried

None.

  • Moved by:Councillor Broome
    Seconded by:Councillor Twinney
    1. That the Committee of the Whole resolve into Closed Session to discuss the following matters:
      1. Proposed Acquisition and Disposition of Land – Property in Ward 6 – A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, as per Section 239 (2)(i) of the Municipal Act, 2001.
      2. Proposed Acquisition and Disposition of Land – Property in Ward 6 – A proposed or pending acquisition or disposition of land by the municipality or local board, as per Section 239 (2)(c) of the Municipal Act, 2001.
      3. Personal matters about an identifiable individual, including municipal or local board employees, as per Section 239 (2)(b) of the Municipal Act, 2001.
    Carried

    Council resolved into Closed Session at 4:24 PM.
    Council (Closed Session) Minutes are recorded under separate cover.
    Council resumed into Open Session at 6:33 PM


14.1
Special Committee of the Whole - Electronic Meeting (Closed Session) Minutes of June 16, 2021
 

  • An alternate motion was presented and is noted below in bold.

    Moved by:Councillor Broome
    Seconded by:Councillor Morrison
    1. That the Special Committee of the Whole - Electronic Meeting (Closed Session) Minutes of June 16, 2021 be approved; and
    2. That Closed Session Report CL-2021-07 dated June 16, 2021 be received; and,
    3. That Closed Session Report CL-2021-08 dated June 16, 2021 be received; and,
    4. That the confidential direction to Staff be approved.
    Carried

14.1.1
Proposed Acquisition and Disposition of Land – Property in Ward 6
 

14.1.2
Proposed Acquisition and Disposition of Land – Property in Ward 6
 

14.2
Personal matters about an identifiable individual, including municipal or local board employees, as per Section 239 (2)(b) of the Municipal Act, 2001
 

  • Moved by:Councillor Kwapis
    Seconded by:Councillor Broome
    1. That the confidential verbal update be received; and,
    2. That the confidential direction to staff be approved.
    Carried
  • Moved by:Councillor Woodhouse
    Seconded by:Councillor Twinney
    1. That By-law 2021-35 be enacted.
    Carried
  • Moved by:Councillor Simon
    Seconded by:Councillor Kwapis
    1. That the meeting be adjourned at 6:34 PM.
    Carried
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