Town of Newmarket

Minutes

Committee of the Whole

Meeting #:

Date:

Monday, June 17, 2024

Time:

9:00 A.m. - 4:00 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 Bisanz

Members Absent:

• Councillor Broome

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
• A. Cammaert, Manager of Planning Services
• C. Service, Director of Recreation & Culture
• S. Granat, Legislative Coordinator
• E. Thomas-Hopkins, Legislative Coordinator
• C. Schritt, Manager, Climate, Environment and Sustainability

Guests:

• Ysni Semsedini, Chief Executive Officer and President, Newmarket-Tay Power

​For consideration by Council on June 24, 2024.

The meeting was called to order at 9:05 AM. 

The meeting recessed from 11:48 AM - 11:52 AM, 12:38 PM - 1:11 PM and 2:57 PM - 3:04 PM.

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 additions and corrections: 

• There were two pieces of correspondence added from Marek Dabrowski and Tammy Benneyworth regarding item 7.4 Municipal Accommodation Tax – Implementation of a Program
• A correction was made to item 7.8 – Winter Maintenance of Regional Sidewalks

• Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Woodhouse
  1. That the additions and corrections to the agenda be approved. 
  
  
  
  Carried

3.

Conflict of Interest Declarations

None.

4.

Public Hearing Matter(s)

None.

5.

Presentations & Recognitions

5.1

Newmarket Hydro Holdings Inc. Annual General Meeting

Ysni Semsedini, Chief Executive Officer and President, Newmarket-Tay Power provided a presentation regarding the Newmarket Hydro Holdings Inc. Annual General meeting including the approval and adoption of financial statements, appointments of auditors, election of directors, approval of Past Acts, 2023 Year In Review, financial performance, Bill S-211 Modern Slavery Act, strategic plan and priorities, rebranding, customer experience, outage communications, outage reporting, bill redesign, new distribution system plan, Yonge Street project, Metrolinx project, Outage Management System, new transformers and station, environmental social governance, and changes to Board leadership. 

Members of Council queried the Chief Executive Officer & President, Newmarket-Tay Power regarding the strategic plan, alternative energy sources, energy choices, batteries and energy storage, outage management system text messaging, capital work and cost.

• Moved by: Councillor Kwapis
  Seconded by: Councillor Bisanz
  1. That the presentation provided by Ysni Semsedini, Chief Executive Officer & President of Newmarket-Tay Power regarding the Newmarket Hydro Holdings Inc. Annual General Meeting be received.
  
  
  
  Carried

5.2

Newmarket Energy Efficiency Retrofit Business Plan, Final Plan

Peter Noehammer, Commissioner, Development and Infrastructure Services provided introductory remarks. 

Craig Schritt, Manager, Environment, Climate and Sustainability provided a presentation regarding Newmarket Energy Efficiency Retrofit (NEER) Business Plan, Final Plan including timeline of the Community Energy Plan and NEER program, creation of a Municipal Service Corporation, external funding sources available, implementation partnerships, Town risk reduction, mitigation of financial risks, benefits for customers, heat pumps, heating and cooling efficiency, energy efficiency, Green House Gas emissions, funding sources and implementation. 

• Moved by: Councillor Kwapis
  Seconded by: Deputy Mayor & Regional Councillor Vegh
  1. That the presentation provided by Craig Schritt, Manager, Environment, Climate and Sustainability regarding Newmarket Energy Efficiency Retrofit Business Plan be received. 
  
  
  
  Carried

5.3

Parks and Recreation Capital Plan

Ian McDougall, Chief Administrative Officer provided introductory remarks. 

Jeff Payne, Commissioner, Community Services and Peter Noehammer, Commissioner, Development and Infrastructure Services provided a presentation regarding Parks and Recreation Capital Plan including capital planning development, stakeholder consultation, preparation of the capital plan, capital funding tools and sources, capital project planning (active, planning and future stages), estimated project costs, financial considerations, proposed legislative changes, future cost implications of new assets, replacement cost allocations, estimated available funding, estimated funding shortfall, capital project list, active stage capital projects (0-5 years), planning phase capital projects (5-10 years), future phase capital projects (10+ years), high profile asset replacement projects, resources and staff capacity, resourcing capital plan delivery options, recommendations and next steps. 

Members of Council queried the Commissioner of Community Services and Commissioner of Development and Infrastructure Services regarding initiatives already underway versus planned for future,  5-10 year plans, lighting and irrigation maintenance in pathway connections, asset replacement funds and timelines with associated projects.

 

This matter was dealt with as part of item 7.3.

5.4

Municipal Accommodation Tax - Implementation of a Program

Esther Armchuk, Commissioner of Corporate Services provided introductory remarks.

Colin Service, Director, Recreation and Culture provided a presentation regarding Municipal Accommodation Tax - Implementation of a Program including background of Municipal Accommodation Tax (MAT), value of a MAT, increased tourism, municipal scan, revenue generating tools, revenue collected, revenue mix, process and engagement, consultation, operator concern, financial impact, community benefits, and re-investing into the community. 

Members of Council queried the Director of Recreation and Culture regarding increasing recreational offerings, cost of program administration, community branding funding, hotel operator benefits, current and future occupancy rates and capacity, marketing support, consultation with operators, monitoring mechanism on impact of hotels, criteria for revenue allocation, discussion with neighbouring municipalities looking to implement MAT, administrative component of MAT for both the municipality and operators and rate capping.

This matter was dealt with as part of item 7.4.

6.

Deputations

6.1

Municipal Accommodation Tax - Implementation of a Program

Marek Dabrowski provided a deputation regarding Municipal Accommodation Tax - Implementation of a Program including impacts to Airbnb and hotel operators, revenue generation, taxation, consultation, budget, and the scope of the program, 

Members of Council queried the deputant regarding customers paying the MAT, deterrence of customers, criteria for choosing a particular hotel, and neighbouring hotels. 

This matter was dealt with as part of item 7.4.

7.

Consent Items

• Moved by: Councillor Twinney
  Seconded by: Councillor Bisanz
  1. That items 7.6 and 7.9 to 7.11 be adopted on consent. See items 7.1 to 7.5, 7.7 and 7.8 for motion.
  
  
  
  Carried

7.1

Newmarket Hydro Holdings Inc. Annual General Meeting

• Moved by: Councillor Kwapis
  Seconded by: Councillor Bisanz

  Resolutions of the sole shareholder of Newmarket Hydro Holdings Inc.

  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 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 NT Holdings Inc. ("NT Holdings"); 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; and,

  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, 2023, together with the report of the Corporation's auditors, KPMG LLP, thereon dated May 30, 2024, be approved and adopted; and,
     2. That KPMG LLP 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 NT Holdings; and,
     5. That all acts, contracts, bylaws, proceedings, appointments elections and payments, enacted, made, done and taken by the directors and officers of Newmarket Hydro Holdings Inc. to December 31 , 2023, 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 Newmarket Hydro Holdings Inc., 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 Newmarket Hydro Holdings Inc., 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, 2023, together with the report of NT Power’s auditors, KPMG LLP, thereon dated April 26, 2024, be approved and adopted; and,
     2. That KPMG LLP 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 D. Charleson, B. Gabel, C. Wraggett, D. Priore, J. Taylor, T. Walker 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, 2023, 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 Newmarket Hydro Holdings Inc., to sign the following NT Holdings shareholder resolutions in lieu of an annual meeting:
     1. That the financial statements of NT Holdings for the financial year ended December 31, 2023, together with the compilation report of KPMG LLP be approved and adopted; and, 
     2. That KPMG LLP be appointed auditors of NT Holdings 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. McDougall and Y. Semsedini are elected directors of NT Holdings 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 Holdings to December 31, 2023, 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 Holdings, are approved, sanctioned and confirmed.
  
  
  
  Carried

7.2

Newmarket Energy Efficiency Retrofit Business Plan - Final Plan

• Moved by: Councillor Simon
  Seconded by: Councillor Woodhouse
  1. That the report entitled “Newmarket Energy Efficiency Retrofit Business Plan, Final Plan” dated June 17, 2024 be received; and,
  2. That Staff prepare and submit an application to the Federation of Canadian Municipalities, consistent with the needs addressed in the NEER Business Plan, to receive funding under the Green Municipal Fund’s Community Efficiency Financing program; and,
  3. That once successful funding from the Federation of Canadian Municipalities is confirmed, Staff will have external counsel conduct negotiations of an Implementation Partner Amendment with Enerva as per RFP-2021-076 and Staff will bring back the final Implementation Partner Amendment for Council Approval; and,
  4. That Staff prepare a by-law to support Local Improvement Charges; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

7.3

Parks and Recreation Draft Capital Plan

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

  Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That the report entitled Parks and Recreation Draft Capital Plan dated June 17, 2024, be received; and,
  2. That Staff undertake consultation regarding the Parks and Recreation Draft Capital Plan, as presented, with key stakeholders and user groups; and,
  3. That Staff report back with a final draft of the Parks and Recreation Capital Plan, after consultation has been undertaken, for Council review and approval; and,
  4. That Staff continue to advance individual projects for approval through the annual budget process, or under separate report, as appropriate; and,
  5. That Staff ensure that any new project is only added to the Parks and Recreation Capital Plan having the support of Council; and,
  6. That the presentation provided by Jeff Payne, Commissioner, Community Services and Peter Noehammer, Commissioner, Development & Infrastructure Services regarding the Parks and Recreation Capital Plan be received. 
  
  
  
  Carried

7.4

Municipal Accommodation Tax - Implementation of a Program

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

  Moved by: Deputy Mayor & Regional Councillor Vegh
  Seconded by: Councillor Twinney
  1. That the report entitled Municipal Accommodation Tax (MAT) – Implementation of a Program dated June 17, 2024 be received; and,
  2. That the implementation of a MAT Program (as outlined in the report), at a 4% levy to all hotel and short-term rental operators, beginning January 1^st, 2025, be approved; and,
  3. That a Town reserve fund be established for the municipal portion of revenues that are to be then re-invested into community and tourism-related initiatives through the annual budget process; and,
  4. That staff report back on the establishment of a Municipal Services Corporation (MSC) and other options to promote and invest in Newmarket as a tourism and overnight tourism destination; and,
  5. That Council provide delegated authority to the Director of Finance or her designate to authorize all necessary staffing and to do all things necessary to successfully operate this new program; and,
  6. That the correspondence received from Tammy Benneyworth and Marek Dabrowski regarding Municipal Accommodation Tax - Implementation of a Program be received; and,
  7. That the presentation provided by Colin Service, Director, Recreation and Culture regarding Municipal Accommodation Tax be received; and, 
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

7.4.1

Correspondence - Tammy Benneyworth, Municipal Accommodation Tax - Implementation of a Program

This matter was dealt with as part of item 7.4.

7.4.2

7.4.2 Correspondence - Marek Dabrowski, Municipal Accommodation Tax - Implementation of a Program

This item was dealt with as part of item 7.4. 

7.5

Recommendation Report 201 Davis Drive Official Plan and Zoning By-law Amendments - Mosaik Davis Inc.

• Moved by: Councillor Morrison
  Seconded by: Councillor Kwapis
  1. That the report entitled Recommendation Report – Official Plan & Zoning By-law Amendments at 201 Davis, by Mosaik Davis Inc. dated June 17, 2024 be received; and,
  2. That the application for an Official Plan Amendment be approved; and,
  3. That the application for a Zoning By-law Amendment be approved; and,
  4. That staff be directed to present the amending by-laws, including the necessary Holding provisions, to Council for approval; and,
  5. That Rosemarie Humphries of Humphries representing Mosaik Davis Inc. 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

7.6

Official Plan and Zoning By-law Amendments at 615 Davis Drive - Fernbrook Core (Davis Drive) Construction Ltd.

• 1. That the report entitled Official Plan Amendment and Rezoning – 615 Davis Drive, Fernbrook Core (Davis Drive) Construction Ltd dated June 17, 2024 be received; and,
  2. That the application for an Official Plan Amendment be approved; and,
  3. That the application for a Zoning By-law Amendment be approved; and,
  4. That staff be directed to bring forward the By-laws, including the necessary Holding provisions, to Council for approval; and,
  5. That Angela Sciberras of Macaulay Shiomi Howson Ltd, be notified of this action; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

7.7

Enhanced Parking Enforcement, Lundy's Lane

• Moved by: Councillor Twinney
  Seconded by: Councillor Woodhouse
  1. That the report entitled Enhanced Parking Enforcement, Lundy’s Lane, dated June 17^th, 2024 be received; and,
  2. That Council approve the enhanced parking enforcement measures detailed in the report, including proposed amendments to Parking By-law 2019-63 and AMPS By-law 2024-16; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

7.8

Winter Maintenance of Regional Sidewalks

• Moved by: Councillor Kwapis
  Seconded by: Councillor Simon
  1. That the report titled Winter Maintenance of Regional Sidewalks and Active Transportation Infrastructure dated June 17, 2024 be received; and,
  2. That the Regional Municipality of York be advised that the Town of Newmarket will continue to maintain the active transportation infrastructure including sidewalks, separated cycle tracks and multi-use pathways on regional roads as per Town of Newmarket service level standards; and,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  Carried

7.9

Council Remuneration - Transparent Council Compensation

• 1. That the report entitled Council Remuneration – Transparent Council Compensation dated June 17, 2024 be received; and,
  2. That wherever possible, compensation to a Member of Council from a board, whether through Council appointment or by virtue of being a Member of Council, be paid by the Town of Newmarket with reimbursement from the board; and,
  3. That the Treasurer offset any net cost by adjusting the appropriate Council budget; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
  
  
  
  

7.10

Newmarket Library Board Meeting Minutes of April 17, 2024

• 1. That the Newmarket Library Board Meeting Minutes of April 17, 2024 be received. 
  
  
  
  

7.11

Main Street District Business Improvement Area Board of Management Meeting Minutes of May 1, 2024

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

8.

Action Items

None.

9.

Notices of Motion

None.

10.

Motions Where Notice has Already been Provided

None.

11.

New Business

11.1

Church Street Parking

Councillor Kwapis noted that parking on Church Street was heavily used over the weekend this weekend and asked Staff to look into adding more no parking signs on the west side of Church Street to ensure drivers understand the parking restrictions on the street. 

11.2

Bristol Road Stop Sign

Councillor Morrison discussed the possibility of a stop sign at the intersection of Bristol Road and Dorchester Street or the intersection of Bristol Road and Elman Crescent. Councillor Morrison asked staff to bring back an information report regarding the technical merits of both options.

• Moved by: Councillor Morrison
  Seconded by: Councillor Bisanz
  1. That Staff be directed to issue an Information Report on the technical merits of a stop sign at either the Bristol Road and Dorchester Street intersection or Bristol Road and Elman Crescent intersection.
  
  
  
  Carried

11.3

Glen Cedar Park Playground

Councillor Twinney announced that the Glen Cedar Park playground equipment is up and running and thanked staff for their work. Councillor Twinney asked that staff look into the bench that previously existed at the park.

11.4

Bolton Avenue No Stopping and No Parking Review

Councillor Twinney asked if Staff could examine no stopping and no parking on Bolton Avenue.

• Moved by: Councillor Twinney
  Seconded by: Councillor Simon
  1. That Staff be directed to conduct a traffic review for no stopping and no parking on Bolton Avenue.
  
  
  
  Carried

11.5

Irwin Street Construction

Councillor Twinney requested that staff review the construction management plan for the construction occurring near Irwin Street and Briarwood due to a recent number of complaints regarding infiltration of construction vehicles. 

12.

Closed Session

• Committee of the Whole resolved into Closed Session at 1:48 PM.

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

  Committee of the Whole resumed into Open Session at 2:57 PM.

  Moved by: Councillor Woodhouse
  Seconded by: Councillor Simon
  1. That Committee of the Whole resolve into Closed Session to discuss the following matters:
     1. A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or behalf of the municipality or local board as per Section 239(2)(k) of the Municipal Act, 2001 (item 12.1); and,
     2. A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value as per Section 239(2)(j) of the Municipal Act, 2001 (item 12.2); and,
     3. Labour relations or employee negotiations as per Section 239(2)(d) of the Municipal Act, 2001 (items 12.3 and 12.4).
  
  
  
  Carried

12.1

Newmarket Energy Efficiency Retrofit Business Plan

12.2

Newmarket-Tay Power Matter

12.3

Personnel Matters

12.4

Staffing Updates

13.

Adjournment

• Moved by: Councillor Kwapis
  Seconded by: Councillor Morrison
  1. That the meeting be adjourned at 3:13 PM.
  
  
  
  Carried