Town of Newmarket

Minutes

Council - Electronic

Meeting #:

Date:

Monday, June 27, 2022

Time:

1:00 P.m. - 6:00 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
• Councillor Morrison
• Councillor Kwapis
• Councillor Broome
• Councillor Bisanz

Staff Present:

• I. McDougall, Chief Administrative Officer
• E. Armchuk, Commissioner of Corporate Services
• P. Noehammer, Commissioner of Development & Infrastructure Services
• J. Payne, Commissioner, Community Services
• L. Lyons, Director of Legislative Services/Town Clerk
• J. Unger, Director of Planning & Building Services
• R. Prudhomme, Director of Engineering Services
• K. Huguenin, Legislative Coordinator
• S. Niezen, Records and Projects Coordinator

The meeting was called to order at 1:00 PM.

Mayor Taylor in the Chair.

---

1.

Notice

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 advised that the Municipal Offices have reopened 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 [email protected] 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 additions and corrections to the agenda:

• Item 10 By-laws 2022-44  By-law to Appoint Fire Prevention Officers for the Central York Fire Services.
• Closed Session Item 14.3 ENVI Update A position, plan, procedure, criteria or instruction to be applied to any negotiation 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.

• Moved by: Councillor Kwapis
  Seconded by: Councillor Woodhouse
  1. That the corrections to the agenda be approved.
  Carried

3.

Conflict of Interest Declarations

None.

4.

Public Hearing Matter(s)

4.1

Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue

David Waters from Weston Consulting provided a presentation regarding the Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue. The presentation included information on the area context, planning framework, the concept plan for the proposed development and landscape plan.

Members of Council queried the presenter regarding concerns about parking on adjacent streets, traffic on Bayview Avenue and the proposed height of the building. 

The Director of Planning and Building Services provided information on next steps. He also advised that staff will continue to review studies and reports that have been submitted with the application and will continue to receive comments from the public. Staff will also look at a shadow study based on the current concept. 

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Morrison
  1. That the presentation provided by David Waters, Weston Consulting regarding the Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue be received.
  Carried

4.1.1

Correspondence and Deputation - Marie Demkiw

Marie Demkiw provided a deputation regarding traffic concerns that would impact emergency vehicles as well as safety for pedestrians and school children. She spoke of her concerns regarding the shadow of the building on her home.  

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Broome
  1. That the correspondence provided by Marie Demkiw regarding the Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue be received.
  Carried
• Moved by: Councillor Woodhouse
  Seconded by: Councillor Morrison
  1. That the deputation provided by Marie Demkiw regarding the Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue be received. 
  Carried

4.1.2

Deputation - Peter H.

Peter H. provided his comments regarding a shadow study and traffic concerns. He stated he was not opposed to the development. 

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Morrison
  1. That the deputation provided by Peter H. regarding the Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue be received. 
  Carried

4.1.3

Deputation - Gail Birkett

Gail Birkett provided a deputation regarding her concerns for traffic and asked about the Go Station that was proposed. She also asked Council to consider the whole development of the area to make it safe and livable. 

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Morrison
  1. That the deputation provided by Gail Birkett regarding the Official Plan Amendment and Zoning By-Law Amendment -16756 & 16764 Bayview Avenue be received. 
  Carried

5.

Presentations & Recognitions

None.

6.

Deputations

None.

7.

Minutes

7.1

Council - Electronic Meeting Minutes of June 6, 2022

• Moved by: Councillor Twinney
  Seconded by: Councillor Morrison
  1. That the Council - Electronic Meeting Minutes of June 6, 2022 be approved.
  Carried

8.

Reports by Regional Representatives

Deputy Mayor and Regional Councillor Vegh provided an update on the York Region Official Plan. He provided information regarding intensification in Newmarket, next phase of development and population growth. He advised that he will support the York Region Official Plan when the York Region Council meets on June 30, 2022. 

Mayor Taylor advised he will not be supporting the York Region Official Plan. Some of the concerns he had were the rate of intensification and urban sprawl and that the plan is not environmentally, financially and socially sustainable. 

9.

Consent Items and Recommendations from Committees 

9.1

Committee of the Whole - Electronic Meeting Minutes June 20, 2022

• Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Broome
  1. That the Committee of the Whole - Electronic Meeting Minutes of June 20, 2022 be received and the recommendations noted within be adopted.
  Carried

9.1.1

Deputation - Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street

• 1. That the deputation provided by Peter Frost regarding the Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street be received.

9.1.2

Deputation - Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street

• 1. That the deputation provided by Rosemarie Humphries, President, Humphries Planning Group Inc  regarding the Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street be received.

9.1.3

Newmarket Hydro Holdings Inc 2021 Annual General Meeting 

• 1. That the presentation provided by Ysni Semsedini, President & CEO Newmarket-Tay Power Distribution Ltd. and Gianni Creta, President, Envi Networks Ltd. be received. 

9.1.4

Recognition of National Indigenous Peoples Day, June 21st

• 1. That the presentation provided by Kim Wheatley, an Anishinaabe Ojibway Grandmother from Shawanaga First Nation Reserve regarding Recognition of National Indigenous Peoples Day, June 21, 2022 be received. 

9.1.5

Newmarket Hydro Holdings Inc 2021 Annual General Meeting 

• Whereas the Corporation of the Town of Newmarket (the “Sole Shareholder”) is the sole shareholder of Newmarket Hydro Holdings Inc. (the “Corporation”; and,

  Whereas the Sole Shareholder by a Shareholder Declaration dated
  November 1, 2000 appointed the Mayor as its legal representative for the purpose of communicating any shareholder consent or approval required by either the terms of the Shareholder Declaration or the Business Corporations Act (Ontario) (the “OBCA”); and,

  Whereas the Corporation owns a majority of the common shares of
  Newmarket-Tay Power Distribution Ltd. (“NT Power”) and Envi Networks Ltd. (“Envi”); and pursuant to s.102(2) of the OBCA where a body corporate is the shareholder of a corporation the corporation shall recognize any individual properly authorized by the body corporate to represent it at meetings of shareholders of the corporation; and, 

  Whereas pursuant to s.104 of the OBCA a written resolution dealing with all the matters required to be dealt with at a shareholders meeting and signed by the shareholders entitled to vote at that meeting satisfies all requirements of the OBCA relating to that meeting of shareholders;

  
  Now therefore be it resolved by the Municipal Council of the Corporation of the Town of Newmarket as follows:

  1. That the Mayor, as the Sole Shareholder’s legal representative, is directed to sign the following Corporation Shareholder resolutions:
     1. That the Corporation’s financial statements for the financial year ended December 31, 2021 together with the report of the Corporation’s auditors, Baker Tilly KDN LLP (“Baker Tilly”), Chartered Accountants, thereon dated May 13, 2022 be approved and adopted; and,
     2. That KPMG, Chartered Accountants, be appointed auditors of the Corporation to hold office until the next annual meeting of shareholders at such remuneration as may be fixed by the sole director and the sole director is authorized to fix such remuneration; and,
     3. That Ian McDougall, be appointed as the sole director of the Corporation to hold office until the next annual meeting of shareholders or until his successor is elected or appointed; and,
     4. That Ian McDougall, so long as he is the sole director of the Corporation, shall represent the Corporation at meetings of shareholders of NT Power and Envi; and,
     5. That all acts, contracts, bylaws, proceedings, appointments elections and payments, enacted, made, done and taken by the sole director and sole officer of the Corporation to December 31, 2021, as the same are set out or referred to in the resolutions of the sole director, or in the financial statements of the corporation, are approved, sanctioned and confirmed.
  2. That the Mayor, as the Sole Shareholder’s legal representative, direct Ian McDougall, the sole director and legal representative of the Corporation, to sign the following NT Power shareholder resolutions in lieu of an annual meeting:
     1. That the financial statements of NT Power for the financial year ended December 31, 2021 together with the report of NT Power’s auditors, Baker Tilly, thereon dated April 29, 2022 be approved and adopted; and,
     2. That KPMG, Chartered Accountants, be appointed auditors of NT Power to hold office until the next annual meeting of shareholders at such remuneration as may be fixed by the directors and the directors are authorized to fix such remuneration; and,
     3. That J. Taylor, T. Walker, D. Charleson, B. Gabel, C. Prattas, D. Priore, and D. Wattling are elected directors of NT Power to hold office until the next annual meeting of shareholders or until their successors are elected or appointed; and,
     4. That all acts, contracts, bylaws, proceedings, appointments elections and payments, enacted, made, done and taken by the directors and officers of NT Power to December 31, 2021, as the same are set out or referred to in the resolutions of the board of directors, the minutes of the meetings of the board of directors or in the financial statements of NT Power, are approved, sanctioned and confirmed.
  3. That the Mayor, as the Sole Shareholder’s legal representative, direct Ian McDougall, the sole director and legal representative of the Corporation, to sign the following Envi shareholder resolutions in lieu of an annual meeting:
     1. That the financial statements of Envi for the financial year ended December 31, 2021 together with the report of Envi’s auditors, Baker Tilly, thereon dated April 12, 2022 be approved and adopted; and,
     2. That KPMG, Chartered Accountants, be appointed auditors of Envi to hold office until the next annual meeting of shareholders at such remuneration as may be fixed by the directors and the directors are authorized to fix such remuneration; and,
     3. That I. Collins, J. Piercy, and B. Kwapis are elected directors of Envi to hold office until the next annual meeting of shareholders or until their successors are elected or appointed; and,
     4. That all acts, contracts, bylaws, proceedings, appointments elections and payments, enacted, made, done and taken by the directors and officers of Envi to December 31, 2021, as the same are set out or referred to in the resolutions of the board of directors, the minutes of the meetings of the board of directors or in the financial statements of Envi, are approved, sanctioned and confirmed.

9.1.6

Items 5.3.1 and 5.3.2 of the draft Audit Committee Meeting Minutes of June 7, 2022

• 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, 2021 be approved; 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, 2021 be approved.

9.1.7

Item 6.1 of the draft Audit Committee Meeting Minutes of June 7, 2022

• 1. That the Audit Committee recommends to Council that senior management and the appropriate staff ensure that the recommendation provided by the external auditor regarding the privileged access with respect to Information Technology controls be implemented within one year. 

9.1.8

2021 Financial Statements and Auditor’s Report

• 1. That the report entitled 2021 Financial Statements and Auditor’s Report dated June 20, 2022 be received; and,
  2. That the draft 2021 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, 2021 financial statements audits from Deloitte LLP be received; and,
  3. That Council approve the 2021 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.

9.1.9

2022 Budget Reconciliation 

• 1. That the report entitled 2022 Budget Reconciliation dated June 20, 2022, be received; and,
  2. That the report entitled 2022 Budget Reconciliation be approved; and,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.10

2022 Reserve and Reserve Funds Budget

• 1. That the report entitled 2022 Reserve and Reserve Funds Budget Report dated June 20, 2022 be received; and,
  2. That the 2022 Reserve 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.

9.1.11

Water, Wastewater and Stormwater Rates

• 1. That the report entitled “Water, Wastewater and Stormwater Rates” dated June 20, 2022 be received; and,
  2. That a portion of the government grants from Canada Community Building Fund and Ontario Community Infrastructure Fund be endorsed as funding sources to support stormwater capital requirements with a detailed analysis to Council when the updated 10 year plan is brought forward and,
  3. That conversion of the Data Analyst position from contract to full-time be approved; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.12

Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street

• 1. That the report entitled Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street, dated June 20, 2022 be received; and,
  2. That the Official Plan Amendment be adopted; and,
  3. That application for, Zoning By-law Amendment and Draft Plan of Subdivision, as submitted by Newmarket Cemetery Corporation/2394237 Ontario Inc.– (Forest Green Homes) for lands municipally known as 16860 & 16920 Leslie Street be approved; and,
  4. That the approval of Draft Plan of Subdivision 19T-NP1312 is also subject to the schedule of conditions set out in Appendix “1” attached to and forming part of this report; and,
  5. That the approval for Draft Plan of Subdivision 19T-NP1312 shall only be issued upon the execution of a “No Pre-Sales Agreement” by the Owner of the said Draft Plan with the Town of Newmarket; and,
  6. That Humphries Planning Group Inc. and 2394237 Ontario Inc. be notified of this action; and,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.12.1

Correspondence - Peter Frost

• 1. That the correspondence provided by Peter Frost, President, HighGate Board of Directors regarding the Proposed Plan of Subdivision, Official Plan Amendment & Zoning By-law Amendment – Forest Green Homes 16860 & 16920 Leslie Street be received. 

9.1.13

Site Plan Review Committee

• 1. That the report entitled Site Plan Review Committee dated June 20, 2022 be received; and,
  2. That Council dissolve the Site Plan Review Committee; and,
  3. That the Site Plan Review Committee Meeting Minutes be approved (Attachments A to H); and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.14

Queen Street Bridge (001) Load Restrictions

• 1. That the report entitled Queen Street Bridge (001) Load Restrictions dated June 20, 2022 be received; and,
  2. That Traffic By-law 2011-24, Schedule VI be amended to include a 10 tonne load limit on the Queen Street Bridge (001) over the railroad track, exempting emergency service and road maintenance vehicles; and,
  3. That Town Staff communicate the load restrictions to emergency services, school boards, Metrolinx, and other affected parties; and,
  4. That Town Staff erect signs at appropriate locations, including the approaches to the bridge, to alert drivers of the load restriction in advance; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.15

Non-Competitive Acquisition to Hach Sales and Service Canada for Hach Branded Equipment, Supplies, Parts and Services

• 1. That the report entitled non-competitive acquisition to Hach Sales and Service Canada for Hach branded equipment, supplies, parts and services for the Towns water testing program, dated June 20^th 2022 be received; and,
  2. That a non-competitive contract with HACH Sales and Service Canada Limited for the acquisition of HACH branded instrumentation, chemistry equipment, supplies, parts, maintenance and repairs for a period of up to five (5) years in the approximate amount of up to $400,000.00 (approximately $80,000.00 annually) plus applicable taxes, be approved; and,
  3. That a blanket purchase order to Hach Sales and Service Canada Limited be generated in the approximate annual amount of $80,000.00, plus applicable taxes, for a five (5) year period, with confirmation of approved funding; and,
  4. That should Staff anticipate that the total anticipated value of the acquisition in the approximate amount of up to $400,000.00,plus applicable taxes, during the five (5) year period be surpassed, that the CAO be delegated authority to approve the blanket purchase order amendment up to 10% of the original amount, with confirmation from Finance as to approved funding; and,
  5. That staff continue to monitor and assess the Town’s needs and any market changes that would otherwise suggest a competitive procurement process would be advantageous to the Town; and,
  6. That the Director of Public Works be authorized to execute any agreements as necessary; and,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.16

Audit Committee Meeting Minutes of February 1, 2022

• 1. That the Audit Committee Meeting Minutes of February 1, 2022 be received.

9.1.17

Accessibility Advisory Committee Meeting Minutes of March 17, 2022

• 1. That the Accessibility Advisory Committee Meeting Minutes of March 17, 2022 be received.

9.1.18

Newmarket Dismantling Anti-Black Racism Task Force Meeting Minutes of April 5, 2022

• 1. That the Newmarket Dismantling Anti-Black Racism Task Force Meeting Minutes of April 5, 2022 be received.

9.1.19

Main Street District Business Improvement Area Board of Management Meeting Minutes of May 4, 2022

• 1. That the Main Street District Business Improvement Area Board of Management Meeting Minutes of May 4, 2022 be received. 

9.2

Special Committee of the Whole - Electronic Meeting Minutes June 21, 2022

• Moved by: Councillor Simon
  Seconded by: Councillor Bisanz
  1. That the Special Committee of the Whole - Electronic Meeting Minutes of June 21, 2022 be approved. 
  Carried

10.

By-laws

• Moved by: Councillor Broome
  Seconded by: Councillor Kwapis
  1. That By-laws 2022-41, 2022-42, 2022-43, 2022-44 be enacted.
  Carried

11.

Notices of Motions

None.

12.

Motions Where Notice has Already been Provided

None.

13.

New Business

13.1

Parking in a Court

Councillor Twinney asked about the procedure for requesting a no parking zone in a court. 

The Director of Engineering Services provided information regarding the Council approved policy and the process following the submission of a petition to the Ward Councillor. 

13.2

Parking on Streets Close to Schools

Councillor Twinney advised of residents' concerns regarding street parking near schools and the school busing policy. She requested that a motion be made to direct the Mayor to send a letter to the Chair and Director of both the public and separate school boards to help address these concerns. 

Members of Council provided comments regarding no parking on streets and parking on the street near schools.

• Moved by: Councillor Twinney
  Seconded by: Councillor Broome
  1. That the Mayor send a letter to the Chair and Director of the public and separate school boards to look at opportunities to mitigate the community impact related to parking on streets which would also include staggered start and dismissal times and to examine options related to the busing policy.
  Carried

13.3

Red Curbs Near Schools

Councillor Bisanz advised of challenges and safety concerns with people parking at red curbs by a school. She queried about enforcement. 

The Director of Legislative Services/Town Clerk advised by-laws would be responsible regarding enforcement concerns. Since the red curbs are new, staff will look into the enforcement tools that would be required for this matter. 

13.4

School Updates

Councillor Broome advised that the Principal at Sir William Mulock Secondary School will be moving on and thanked her for her dedication and wished her well. She congratulated Peter Sturrup, the Head of School at Pickering College, on his retirement after 36 years. Councillor Broome also congratulated all students of the Class of 2022.

13.5

Elman W. Campbell Museum 40th Anniversary

Councillor Morrison thanked organizers, Museum staff and everyone who attended the 40th anniversary celebration of the Elman W. Campbell Museum. 

13.6

Margaret Davis

Councillor Kwapis advised Ward 5 resident, Margaret Davis, turned 100 years old. He advised that the Davis family brought considerable changes to Newmarket. 

Mayor Taylor also commented on Margaret Davis and her contributions to the Town.

14.

Closed Session

• Moved by: Councillor Kwapis
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That Council go into Closed Session to discuss the following matters:
     1.  Newmarket Dismantling Anti-Black Racism Task Force Meeting (Closed Session) Minutes of April 5, 2022.
     2. ENVI Update - A position, plan, procedure, criteria or instruction to be applied to any negotiation 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.
  Carried

  Council resolved into Closed Session at 2:14 PM.
  Council (Closed Session) Minutes are recorded under separate cover.
  Council resumed into Open Session at 3:02 PM.

  
  

14.1

Committee of the Whole - Electronic Meeting (Closed Session) Minutes June 20, 2022

14.1.1

Newmarket Hydro Holdings Inc 2021 Annual General meeting - Newmarket-Tay Power and ENVI Financial Statements

14.1.2

Direction on a negotiated agreement

• Moved by: Councillor Kwapis
  Seconded by: Councillor Woodhouse
  1. That Closed Session Report CL-2022-12, dated June 16, 2022, be received; and,
  2. That the recommendations of Closed Session Report CL-2022-12, dated June 16, 2022 be adopted.
  Carried

14.1.3

Newmarket Dismantling Anti-Black Racism Task Force Meeting (Closed Session) Minutes of April 5, 2022

• Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That the Newmarket Dismantling Anti-Black Racism Task Force Meeting (Closed Session) Minutes of April 5, 2022 be received. 
  Carried

14.2

Special Committee of the Whole - Electronic Meeting (Closed Session) Minutes June 21, 2022

• Moved by: Councillor Simon
  Seconded by: Councillor Broome
  1. That the Special Committee of the Whole - Electronic Meeting (Closed Session) Minutes of June 21, 2022 be approved.
  Carried

14.2.1

Property in Ward 5 

• Moved by: Councillor Kwapis
  Seconded by: Councillor Broome
  1. That Closed Session Report CL-2022-13 dated June 21, 2022 be received; and,
  2. That the recommendations in Closed Session Report CL-2022-13 dated June 21, 2022 be adopted.
  Carried

14.3

ENVI Update

• Moved by: Councillor Kwapis
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That Closed Session Report CL-2022-15 dated June 27, 2022 be received; and,
  2. That the recommendations in Closed Session Report CL-2022-15 dated June 27, 2022 be adopted.
  Carried

15.

Confirmatory By-law

• Moved by: Councillor Morrison
  Seconded by: Councillor Twinney
  1. That By-law 2022-45 be enacted.
  Carried

16.

Adjournment

• Moved by: Councillor Simon
  Seconded by: Councillor Bisanz
  1. That the meeting be adjourned at 3:05 PM.
  Carried