The Newmarket Record

Committee of the Whole - Electronic

May 27, 2024

Who was there

Present (9): Christina Bisanz, Kelly Broome, Bob Kwapis, Trevor Morrison, Grace Simon, John Taylor, Jane Twinney, Tom Vegh, Victor Woodhouse

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (14 motions)

14 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

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.
Moved by Councillor Bisanz, seconded by Councillor Kwapis
Carried
That the deputation provided by Peter Heffernan regarding Official Plan Amendment and Zoning By-law Amendment - 16756 & 16764 Bayview Avenue (2570245) be received.
Moved by Councillor Kwapis, seconded by Councillor Woodhouse
Carried
That the deputation provided by Pat McLean regarding Short Term Rental Updates be received.
Moved by Councillor Bisanz, seconded by Councillor Simon
Carried
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.
Moved by Councillor Morrison, seconded by Councillor Broome
Carried
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, That the application for Official Plan Amendment be adopted; and, That the application for Zoning By-law Amendment be approved; and, That staff be directed to bring forward the By-law, including the necessary Holding provisions, to Council for approval; and, That 2570245 Ontario Inc. and Weston Consulting be notified of this action; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Kwapis, seconded by Councillor Woodhouse
Carried
That the report entitled Bill 23 – Non-Designated Heritage Properties dated May 27, 2024 received; and, That the list of 49 Priority Properties is received; and, 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Kwapis, seconded by Councillor Bisanz
Carried
That the report entitled Tennis Bubble - Non-Competitive Acquisition dated May 27, 2024 be received; and, That the tennis facility described in Section 1.1(c) of the Municipal Capital Facilities Agreement, discussed in this report, be designed to: Adjust the number of tennis courts from 12 to 10, at this location; and, Include the bubble structure (dome) to cover 8 of the tennis courts; and, For the reasons described in this report; and 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, 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, 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, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Kwapis, seconded by Councillor Woodhouse
Carried
That the report entitled Short Term Rental Updates, dated May 27, 2024 be received; and, That Staff be directed to report to Council with options for potential zoning by-law amendments with regards to Short Term Rentals; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Simon, seconded by Councillor Kwapis
Carried
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: 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.
Moved by Councillor Bisanz, seconded by Councillor Kwapis
Carried
That Committee of the Whole resolve into Closed Session to discuss the following matters: 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.
Moved by Councillor Simon, seconded by Councillor Twinney
Carried
That the meeting be adjourned at 12:38 PM.
Moved by Councillor Morrison, seconded by Councillor Bisanz
Carried
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: i. Adjust the number of tennis courts from 12 to 10, at this location; and, ii. Include the bubble structure (dome) to cover 8 of the tennis courts; and, iii. 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.
Moved by Councillor Kwapis, seconded by Councillor Woodhouse
Carried
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.
Moved by Councillor Bisanz, seconded by Councillor Kwapis
Carried
1. That Committee of the Whole resolve into Closed Session to discuss the following matters: a. 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.
Moved by Councillor Simon, seconded by Councillor Twinney
Carried

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