Town of Newmarket

Minutes

Special Committee of the Whole

Meeting #:
Date:	Monday, January 07, 2019
Time:	7:00 P.m. - 9:00 P.m.
Location:	Council Chambers 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 Broome

Members Absent:

• Councillor Kwapis
• Councillor Bisanz

Staff Present:

• E. Armchuk, Acting Chief Administrative Officer
• P. Noehammer, Commissioner of Development & Infrastructure Services
• I. McDougall, Commissioner of Community Services
• L. Lyons, Acting Commissioner, Corporate Services
• K. Saini, Acting Director of Legislative Services/Town Clerk
• P. Voorn, Associate Solicitor
• T. Horton, Planner
• J. Grossi, Legislative Coordinator
• A. Walkom, Legislative Coordinator

For consideration by Council on January 15, 2019.

The meeting was called to order at 7:00 PM.

Mayor Taylor in the Chair.

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1.

Additions & Corrections to the Agenda

The Chief Administrative Officer advised of the following additions to the agenda:

Deputations:

4.2: Edmund Yeung

4.3: Arthur Li

4.4: Kevin Moyle

4.5: Nicolina Ieraci and Frank Ieraci

4.6: Patsy Hawke

Correspondence:

5.4: John Dowson

5.5: Alfred Popp

5.6: Peter Karolyi

5.7: Arthur Li

5.8: Jane Bai

5.9: Bingnan Zhou

5.10: Tracey Paul

5.11: Sophia Guo

5.12: Fangqiu Zhang

• Moved by: Councillor Twinney
  Seconded by: Councillor Simon
  1. That the additions and corrections to the agenda be approved; and 
  2. That the rules of Procedure be waived to allow Committee of the Whole consider more than 5 deputations.
  
  Carried

2.

Declarations of Pecuniary Interest

There were no declarations of pecuniary interest.

3.

Presentations

3.1

Recreational Cannabis

The Planner provided a presentation regarding Recreational Cannabis. The presentation outlined an overview of the history of cannabis legislation, Newmarket's public consultation and the decisions of other municipalities.

 

• Moved by: Councillor Woodhouse
  Seconded by: Councillor Simon
  1. That the presentation regarding Recreational Cannabis be received. 
  
  Carried

4.

Deputations

4.1

Nagwa Mounir - Recreational Cannabis

Provided a deputation regarding displaying product in public and smoking cannabis in public places.

4.2

Edmund Yeung - Recreational Cannabis

Provided a deputation regarding concerns with cannabis' negative effects on health and safety. 

4.3

Arthur Li - Recreational Cannabis

Provided a deputation regarding concerns with driving under the influence of cannabis and public health concerns. 

4.4

Kevin Moyle - Recreational Cannabis

Provided a deputation regarding support for cannabis stores and potential uses for medicinal purposes. 

4.5

Nicolina Ieraci and Frank Ieraci - Recreational Cannabis

Provided a deputation in favour of cannabis stores to reduce illicit cannabis and drug dealers.

4.6

Patsy Hawke - Recreational Cannabis

Provided a deputation regarding a Facebook poll which supported cannabis retail stores.

4.7

David Huang - Recreational Cannabis

Provided a deputation regarding concerns with minors access to cannabis

4.8

Dahai Zhang - Recreational Cannabis

Provided a deputation regarding the sale of cannabis in relation to students.

4.9

Qiying Jiang - Recreational Cannabis

Provided a deputation regarding concerns of smoking cannabis in public places. 

4.10

Bernie Nick - Recreational Cannabis

Provided a deputation regarding retail cannabis stores not preventing access to youth and cannabis in the community.

4.11

Yan Chen - Recreational Cannabis

Provided a deputation regarding the concern of cannabis retail stores creating convenience and ease of access.

4.12

Arthur Weis - Recreational Cannabis

Provided a deputation supporting retail cannabis.

4.13

Jun Zhou - Recreational Cannabis

Provided a deputation and had concerns with retail cannabis stores.

4.14

Doug Selwood - Recreational Cannabis

Provided a deputation supporting retail cannabis stores and expressed concern with cyber breaches of the Ontario Cannabis Store. 

4.15

Connie Wan - Recreational Cannabis

Provided a deputation regarding concerns with impaired driving when retail cannabis stores open and community health. 

4.16

Li Fang Lin - Recreational Cannabis

Provided a deputation regarding concern with youth access to cannabis.

4.17

Jane Chen - Recreational Cannabis

Provided a deputation expressing interest in waiting to allow retail cannabis stores in Newmarket.

4.18

Wendy Cassells - Recreational Cannabis

Provided a deputation regarding cannabis access to minors and expressing support for retail cannabis stores. 

4.19

Vainnisa - Recreational Cannabis

Provided a deputation regarding concerns with youth access to cannabis. 

4.20

Dawn Horstead - Recreational Cannabis

Provided a deputation regarding retail cannabis stores allowing regulation and controlled access to cannabis. 

• Moved by: Councillor Woodhouse
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That deputations listed as items 4.1 to 4.20 be received.
  
  Carried

5.

Items

• Moved by: Councillor Morrison
  Seconded by: Councillor Broome
  1. That the following items 5.1 to 5.12 be received, except sub-item 5.3. See following sub-item 5.3 for motion.
  
  Carried

5.1

Correspondence - Township of King re: Cannabis Sales

5.2

Correspondence - CannaPiece Corporation re: Recreational Cannabis Dispensaries

5.3

Recreational Cannabis

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

  Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Simon

  Whereas local municipalities are being given no control on the location, or the number, of retail Cannabis stores in their communities;

  Whereas there are a number of outstanding questions regarding the economic and social impact of the establishment of a new legal retail system for cannabis in Ontario;

  Whereas there is uncertainty regarding the number of retail stores that may be allowed to open and regarding the amount of revenue to be shared;

  Whereas municipalities are only being given until January the 22^nd 2019 to opt in or opt out;

  Whereas a municipality may opt out and later opt in but cannot opt out once they have opted in;

  Now therefore be it resolved:

  1. That the report entitled Recreational Cannabis dated January 7^th, 2019 be received as information; and,
  2. That Newmarket Town Council advise the Hon. Victor Fedeli, Minister of Finance; the Hon. Caroline Mulroney, Minister of Francophone Affairs and Attorney General; and the Hon. Steve Clark, Minister of Municipal Affairs and Housing, that Newmarket is not a willing host of a cannabis retail locations in our community; and,
  3. That the Town Clerk be directed to provide the required notice of Council's decision to opt-out of permitting retail cannabis stores to (i) the Registrar under the Alcohol, Cannabis, and Gaming Regulation and Public Protection Act, 1996, (ii) the Alcohol and Gaming Commission of Ontario (AGCO), and (iii) the Province of Ontario within three (3) business days of the date of passing; and,
  4. That Council express to the Ontario government its position that municipalities should be given greater planning authority over the location of private retail cannabis stores; and,
  5. That Council express to the Ontario government that regardless of whether a municipality is a willing host of a retail store, the Province be requested to enter into a revenue sharing arrangement with all Ontario municipalities, to ensure local governments receive an appropriate share of the revenue generated from cannabis sales to help offset the associated enforcement, public health and social costs that will be incurred by municipalities regardless of a retail presence or not; and,
  6. That Staff be directed to continue to review information regarding cannabis retail stores as it becomes available as well as the experiences of other comparable municipalities to be brought back to Council in the form of a report approximately one year from today for further consideration; and,
  7. That Staff be directed to prepare amendments or new by-laws as required and return with recommendations as to how the smoking and vaping of cannabis in public places should be regulated in Newmarket by March/April 2019; and,
  8. That a copy of this resolution be forwarded to the Hon. Christine Elliott, Member of Provincial Parliament for Newmarket-Aurora.
  
  Carried

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

  Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Simon

  Whereas local municipalities are being given no control on the location, or the number, of retail Cannabis stores in their communities;

  Whereas there are a number of outstanding questions regarding the economic and social impact of the establishment of a new legal retail system for cannabis in Ontario;

  Whereas there is uncertainty regarding the number of retail stores that may be allowed to open and regarding the amount of revenue to be shared;

  Whereas municipalities are only being given until January the 22^nd 2019 to opt in or opt out;

  Whereas a municipality may opt out and later opt in but cannot opt out once they have opted in;

  Now therefore be it resolved:

  1. That the report entitled Recreational Cannabis dated January 7^th, 2019 be received as information; and,
  2. That Newmarket Town Council advise the Hon. Victor Fedeli, Minister of Finance; the Hon. Caroline Mulroney, Minister of Francophone Affairs and Attorney General; and the Hon. Steve Clark, Minister of Municipal Affairs and Housing, that Newmarket is not a willing host of a cannabis retail locations in our community; and,
  3. That the Town Clerk be directed to provide the required notice of Council's decision to opt-out of permitting retail cannabis stores to (i) the Registrar under the Alcohol, Cannabis, and Gaming Regulation and Public Protection Act, 1996, (ii) the Alcohol and Gaming Commission of Ontario (AGCO), and (iii) the Province of Ontario within three (3) business days of the date of passing; and,
  4. That Council express to the Ontario government its position that municipalities should be given greater planning authority over the location of private retail cannabis stores; and,
  5. That Council express to the Ontario government that regardless of whether a municipality is a willing host of a retail store, the Province be requested to enter into a revenue sharing arrangement with all Ontario municipalities, to ensure local governments receive an appropriate share of the revenue generated from cannabis sales to help offset the associated enforcement, public health and social costs that will be incurred by municipalities regardless of a retail presence or not; and,
  6. That Staff be directed to continue to review information regarding cannabis retail stores as it becomes available as well as the experiences of other comparable municipalities to be brought back to Council in the form of a report approximately one year from today for further consideration; and,
  7. That Staff be directed to prepare amendments or new by-laws as required and return with recommendations as to how the smoking and vaping of cannabis in public places should be regulated in Newmarket by March/April 2019; and,
  8. That a copy of this resolution be forwarded to the Hon. Christine Elliott, Member of Provincial Parliament for Newmarket-Aurora.
  
  Carried

5.4

Correspondence - John Dowson re: Recreational Cannabis

5.5

Correspondence - Alfred Popp re: Recreational Cannabis

5.6

Correspondence - Peter Karolyi re: Recreational Cannabis

5.7

Correspondence - Arthur Li re: Recreational Cannabis

5.8

Correspondence - Jane Bai re: Recreational Cannabis

5.9

Correspondence - Bingnan Zhou re: Recreational Cannabis

5.10

Correspondence - Tracey Paul re: Recreational Cannabis

5.11

Correspondence - Sophia Guo re: Recreational Cannabis

5.12

Correspondence - Fangqiu Zhang re: Recreational Cannabis

6.

Adjournment

• Moved by: Councillor Simon
  Seconded by: Councillor Morrison
  1. That the meeting adjourn at 9:16 PM.
  
  Carried