Town of Newmarket

Minutes

Committee of the Whole

Meeting #:

Date:

Monday, May 27, 2024

Time:

9:00 A.m. - 5:00 P.m.

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 (9:01 AM to 10:48 AM), (11:44 AM to 12:38 PM)
• Councillor Morrison
• Councillor Kwapis
• Councillor Broome
• Councillor Bisanz (10:09 AM - 12:38 PM)

Staff Present:

• I. McDougall, Chief Administrative Officer
• E. Armchuk, Commissioner of Corporate Services
• P. Noehammer, Commissioner of Development & Infrastructure Services
• J. Payne, Commissioner of Community Services
• L. Lyons, Director of Legislative Services/Town Clerk
• K. Saini, Manager of Legislative Services/Deputy Town Clerk
• J. Unger, Director of Planning & Building Services
• A. Tang, Manager, Finance and Accounting
• E. Wright, Acting Manager, Asset Management
• A. Cafissi, Manager, Facility Services
• D. Sheridan, Manager, Parks and Property Services
• S. Granat, Legislative Coordinator
• E. Thomas-Hopkins, Legislative Coordinator

​For consideration by Council on June 3, 2024.

The meeting was called to order at 9:01 AM. 

The meeting recessed at 10:48 and reconvened at 11:04 AM. 

Mayor Taylor in the Chair.

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1.

Notice

Mayor Taylor advised that the Municipal Offices were open to the public, and that members of the public could attend this meeting in person or view the live stream available 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 or by providing a deputation electronically or in-person. He advised residents that their comments would form part of the public record.

2.

Additions & Corrections to the Agenda

The Clerk provided the following correction: 

• A correction was made to presentation materials for item 5.2 Parks and Facilities Asset Management Plans. 

3.

Conflict of Interest Declarations

None.

4.

Public Hearing Matter(s)

None.

5.

Presentations & Recognitions

5.1

Update on Asset Management Progress & O.Reg. 588/17 Compliance

Esther Armchuk, Commissioner, Corporate Services provided introductory remarks. 

Erik Wright, Acting Manager, Asset Management provided a presentation regarding Update on Asset Management Progress & O.Reg. 588/17 Compliance including asset management at the Town, provincial milestones, annual progress updates, infrastructure report cards, budget and data-driven decisions, purpose of the annual asset management update, asset management policy review, asset management plans, asset optimization software, informed service delivery project, enterprise asset management roadmap project, condition assessment program, reserve funds and capital delivery, organizational capacity, climate change, next steps for 2025, proposed levels of service for assets.

Members of Council queried staff regarding provincial legislation on asset management, extending end of life assets, condition assessments, steering committees, asset management worth, cost of replacement today, construction inflation index, aging commercial properties, evolving policies and procedures for the future, and design standards when replacing assets.

• Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Broome
  1. That the presentation provided by Erik Wright, Acting Manager, Asset Management regarding Update on Asset Management Progress & O.Reg. 588/17 Compliance be received. 
  
  
  
  Carried

5.2

Parks and Facilities Asset Management Plans

Erik Wright, Acting Manager, Asset Management, David Sheridan, Manager, Parks and Property Services, and Andrea Cafissi, Manager, Facilities Services provided a presentation regarding Parks and Facilities Asset Management Plans including asset management plans, included facilities, included parks, facilities services, services provided, maintained infrastructure, recent accomplishments, key issues for service delivery, conditions of assets, 2024 and 2025 facilities workplan, parks and property services, recreational services and maintenance provided, recent accomplishments, key issues for service delivery, conditions of parks assets, 2024 and 2025 parks workplan, overview of asset management plans, useful life of infrastructure, replacement costs of parks and facilities, average useful life of assets, current conditions of assets, financial planning scenarios, summary of financial scenarios, 50 year details, 10 year details, infrastructure wave for parks and facilities, growth and climate change, growth identified from development charges background study, climate change impacts, next steps, and 2025 sustainable funding strategy. 

Members of Council queried staff regarding summary of financial scenarios, infrastructure wave, timeframes, reserves, 50 year details, operating impact, operating related growth, budget process, determining maintenance plans, data on repairs, building condition assessments, current conditions of assets, and extending useful life of assets.

 

• Moved by: Councillor Bisanz
  Seconded by: Councillor Kwapis
  1. That the presentation provided by Erik Wright, Acting Manager, Asset Management, David Sheridan, Manager, Parks and Property Services, and Andrea Cafissi, Manager, Facility Services regarding Parks and Facilities Asset Management Plans be received. 
  
  
  
  Carried

5.3

Recognition: Retirement of the Director of Financial Services/Treasurer, Mike Mayes

Mayor Taylor recognized the upcoming retirement of the Director of Financial Services/Treasurer, Mike Mayes. 

6.

Deputations

6.1

Official Plan Amendment and Zoning By-law Amendment - 16756 & 16764 Bayview Avenue (2570245)

Peter Heffernan provided a deputation regarding Official Plan Amendment and Zoning By-law Amendment - 16756 & 16764 Bayview Avenue (2570245) including mitigating increased traffic and the flow of traffic. 

• Moved by: Councillor Kwapis
  Seconded by: Councillor Woodhouse
  1. That the deputation provided by Peter Heffernan regarding Official Plan Amendment and Zoning By-law Amendment - 16756 & 16764 Bayview Avenue (2570245) be received.
  
  
  
  Carried

6.2

Short Term Rental Updates

Pat McLean provided a deputation regarding Short Term Rentals including licensing and operation of short term rentals, 28-day minimums, de-listing Airbnbs, assessing licensing on a place-by-place basis. 

• Moved by: Councillor Bisanz
  Seconded by: Councillor Simon
  1. That the deputation provided by Pat McLean regarding Short Term Rental Updates be received. 
  
  
  
  Carried

7.

Consent Items

• Moved by: Councillor Morrison
  Seconded by: Councillor Broome
  1. That items 7.1, 7.2, 7.3, 7.6, 7.7, 7.8, 7.10, 7.11, and 7.12 be adopted on consent. See sub-items 7.4, 7.5, and 7.9 for motion.
  
  
  
  Carried

7.1

Corporate Asset Management Progress Report - 2024 Annual Update

• 1. That the report entitled Corporate Asset Management Progress Report – 2024 Annual Update dated May 27, 2024 be received.
  
  
  
  

7.2

Asset Management Policy Update

• 1. That the report entitled Corporate Asset Management Policy Update dated May 27, 2024, be received; and,
  2. That no revisions be made to the policy at this time; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

7.3

Parks and Facilities Asset Management Plans

• 1. That the report entitled Parks and Facilities Asset Management Plans May 27, 2024 be received; and,
  2. That the Parks and Facilities Asset Management Plans be endorsed by Council subject to the annual budget review; and
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

7.4

Official Plan Amendment and Zoning By-law Amendment - 16756 & 16764 Bayview Avenue (2570245 Ontario Inc.)

• Moved by: Councillor Kwapis
  Seconded by: Councillor Woodhouse
  1. That the report entitled Official Plan Amendment and Zoning By-law Amendment – 16756 and 16764 Bayview Avenue (2570245 Ontario Inc.) dated May 27, 2024, be received; and,
  2. That the application for Official Plan Amendment be adopted; and,
  3. That the application for Zoning By-law Amendment be approved; and,
  4. That staff be directed to bring forward the By-law, including the necessary Holding provisions, to Council for approval; and,
  5. That 2570245 Ontario Inc. and Weston Consulting be notified of this action; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

7.5

Bill 23 - Non-Designated Heritage Properties 

• Moved by: Councillor Kwapis
  Seconded by: Councillor Bisanz
  1. That the report entitled Bill 23 – Non-Designated Heritage Properties dated May 27, 2024 received; and,
  2. That the list of 49 Priority Properties is received; and,
  3. That Staff be instructed to proceed to issue a Notice of Intention to Designate (NOID) to all properties on the Priority List should they meet the Provincial designation criteria after further evaluation; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

7.6

First Quarter 2024 Financial Update

• 1. That the report entitled First Quarter 2024 Financial Update dated May 27, 2024 be received; and,
  2. That Council approve the 2023 CYFS capital project carryover requests totaling $171,400; and,
  3. That Council approve the addition of a new 2024 capital project “Remediation work at Station 4-5” for Central York Fire Services in the amount of $100,000, to be funded from the CYFS Reserve Fund; and,
  4. That Council approve additional funding of $40,000 for the capital project “CYFS Fire Master Plan” for Central York Fire Services, to be funded from the CYFS Reserve Fund; and,
  5. That Council approve the addition of a new 2024 capital project “Lighting replacements at Fairground Parks” for Parks and Facilities in the amount of $650,000, to be funded from the Parks Asset Replacement Reserve Fund; and,
  6. That changes to the 2024 capital budget and capital spending authority be made as outlined in the report; and,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

7.7

Property Tax Rates and By-law 2024

• 1. That the report entitled Property Tax Rates and By-law for 2024 dated May 27, 2024 be received; and,
  2. That the property tax rates for 2024, as applied to the assessment roll returned in 2023 for 2024 taxation, be set for Town purposes as follows:
     1. Residential 0.352903%
     2. Multi-Residential 0.352903%
     3. New Multi-Residential 0.352903%
     4. Commercial 0.470101%
     5. Industrial 0.579889%
     6. Pipeline 0.324317%
     7. Farm 0.088226%
  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.
  
  
  
  

7.8

Treasurer, Deputy Treasurers and Cheque Signing Update

• 1. That the report entitled Treasurer, Deputy Treasurers, and Cheque Signing Update dated May 27, 2024, be received; and,
  2. That By-law 2008-92, A By-law to appoint a Treasurer for the Town of Newmarket, be repealed; and,
  3. That By-law 2020-18, A By-law to appoint a Deputy Treasurer for the Town of Newmarket, be maintained until another Treasurer is appointed; and,
  4. That Council continues to appoint two Deputy Treasurers; and,
  5. That Tony Villella be appointed as the second Deputy Treasurer; and,
  6. That the Delegation Bylaw be amended to include the delegation of authority with respect to property assessment and the collection of taxes; and,
  7. That By-law 2016-01, A By-law to Provide for Persons Authorized to Sign Cheques and Other Banking Related Authorities on Behalf of the Town, be amended as set out in this report; and,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

7.9

Tennis Bubble - Non Competitive Acquisition

• Moved by: Councillor Kwapis
  Seconded by: Councillor Woodhouse
  1. That the report entitled Tennis Bubble - Non-Competitive Acquisition dated May 27, 2024 be received; and,
  2. That the tennis facility described in Section 1.1(c) of the Municipal Capital Facilities Agreement, discussed in this report, be designed to:
     1. Adjust the number of tennis courts from 12 to 10, at this location; and,
     2. Include the bubble structure (dome) to cover 8 of the tennis courts; and,
     3. For the reasons described in this report; and
  3. That staff work with Shining Hill Estates Collection Inc., 16250 Yonge Street Inc., Emilio Saccucci, Concetta Saccucci, and 2512606 Ontario Inc., as applicable, on a non-competitive basis as of the effective date of the Municipal Capital Facilities Agreement, at an approximate cost of $1.5 million plus HST to construct the tennis bubble described in this report; and, 
  4. That the Commissioner of Community Services be delegated the authority to agree to further changes to the tennis facility discussed in this report if such changes are necessary and in the interest of the Town; and, 
  5. That the Commissioner of Community Services be authorized to execute any agreements or documents that are necessary to give effect to this resolution including, without limitation, any agreements or documents related to the design and construction of the tennis facility discussed in this report; and, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 
  
  
  
  Carried

7.10

Newmarket Library Board Meeting Minutes of March 20, 2024

• 1. That the Newmarket Library Board Meeting Minutes of March 20, 2024 be received. 
  
  
  
  

7.11

Accessibility Advisory Committee Meeting Minutes of March 21, 2024

• 1. That the Accessibility Advisory Committee Meeting Minutes of March 21, 2024 be received. 
  
  
  
  

7.12

Main Street District Business Improvement Area Board of Management Meeting Minutes of April 3, 2024

• 1. That the Main Street District Business Improvement Area Board of Management Meeting Minutes of April 3, 2024 be received. 
  
  
  
  

8.

Action Items

8.1

Short Term Rental Updates

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

  Moved by: Councillor Simon
  Seconded by: Councillor Kwapis
  1. That the report entitled Short Term Rental Updates, dated May 27, 2024 be received; and,
  2. That Staff be directed to report to Council with options for potential zoning by-law amendments with regards to Short Term Rentals; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

9.

Notices of Motion

9.1

Heritage Register Motion

Committee of the Whole consented to proceed with discussing the motion at this meeting.

• Moved by: Councillor Bisanz
  Seconded by: Councillor Kwapis

  Whereas Subsection 27(16) of the Ontario Heritage Act stipulates that any non-designated heritage property listed on the municipal register of properties as of December 31, 2022 shall be removed from the municipal register on or before January 1, 2025, if the council of the municipality does not give a notice of intention to designate the property under subsection 29(1) of the Ontario Heritage Act on or before January 1, 2025; and, 

  Whereas since January 1, 2023, Town staff have been working diligently with the Town's Heritage Consultant to review the municipal heritage register; review and research non-designated properties; contact owners of identified priority properties; and determine which properties should potentially be designated in accordance with the provisions of Section 29 of the Ontario Heritage Act; and,

  Whereas the above-noted work involving 367 listed properties in the Town of Newmarket is challenging to complete by January 1, 2025 given the depth of study and multitude of steps involved in the process.

  Therefore be it resolved:

  1. That the Heritage Newmarket Advisory Committee requests that the Council of the Town of Newmarket sends a copy of this motion to the Premier, and Minister of Citizenship and Multiculturalism to request that subsection 27(16) of the Ontario Heritage Act be amended to extend the above-noted deadline for five years from January 1, 2025 to January 1, 2030.
  
  
  
  Carried

10.

Motions Where Notice has Already been Provided

None.

11.

New Business

None.

12.

Closed Session

• Committee of the Whole resolved into closed session at 12:18 PM.

  Committee of the Whole (Closed Session) minutes are recorded under separate cover. 

  Committee of the Whole resumed into Open Session at 12:35 PM.

  Moved by: Councillor Simon
  Seconded by: Councillor Twinney
  1. That Committee of the Whole resolve into Closed Session to discuss the following matters: 
     1. Advise that is subject to solicitor-client privilege, including communications necessary for that purpose as per Section 239(2)(f) of the Municipal Act, 2001. 
  
  
  
  Carried

12.1

Property Matter in Ward 5

13.

Adjournment

• Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That the meeting be adjourned at 12:38 PM.
  
  
  
  Carried