Town of Newmarket
Agenda
Special Council Meeting - Electronic

Meeting #:
Date:
Time:
-
Location:
Streamed live from the Municipal Offices
395 Mulock Drive
Newmarket, ON L3Y 4X7

1.

At this time, the Municipal Offices remain closed to the public. This meeting will be streamed live at newmarket.ca/meetings.

Deputations

Individuals who wish to address Council in relation to an item on this agenda have 2 options available.

  1. Provide comments in writing to clerks@newmarket.ca no later than 11:00 AM on Monday June 8, 2020. These comments will be read aloud by the Mayor during the live meeting, considered with the related item, and will form part of the public record; or,
  2. Join the live meeting using the Town's videoconferencing software and verbally provide your comments over video or telephone. To select this option, you must notify clerks@newmarket.ca no later than end of day Sunday, June 7, 2020 and be available to test your connection on Monday, June 8, 2020.
  • Councillor Kwapis has declared a conflict related to items 5.3.1 & 5.3.2 - Site Specific Exemption to Interim Control By-law 2019-04 for 176 Parkview Crescent Staff Report and accompanying By-law. He advised that the property was located in close proximity to his house. 
  • Councillor Morrison has declared a conflict related to items 5.3.1 & 5.3.2 - Site Specific Exemption to Interim Control By-law 2019-04 for 176 Parkview Crescent Staff Report and accompanying By-law. He advised that his parents reside on the same street as the request.

4.1
Approval of Closed Session Minutes
 

Note: Public reporting out of closed session matters was done at the Special Council - Electronic meeting on May 19, 2020.

4.1.1
Special Council - Electronic Meeting (Closed Session) Minutes of May 19, 2020
 

    1. That the Special Council - Electronic Meeting (Closed Session) Minutes of May 19, 2020 be approved.

A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization as per Section 239 (2) (i) of the Municipal Act, 2001.

5.

Note: Ysni Semsedini, President, Newmarket-Tay Power Distribution Ltd. and Gianni Creta, President, Envi Network will be in attendance to address Council on this matter.

    1. That the presentation by Ysni Semsedini, President, Newmarket-Tay Power Distribution Ltd. and Gianni Creta, President, Envi Network regarding the Newmarket Hydro Holdings Inc. 2019 Annual General Meeting be received.
  • Whereas the Corporation of the Town of Newmarket (the “Sole Shareholder”) is the sole shareholder of 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, 2019 together with the report of the Corporation’s auditors, Baker Tilly KDN LLP (“Baker Tilly”), Chartered Accountants, formerly Collins Barrow, thereon dated May 20, 2020 be approved and adopted; and,
      2. That Baker Tilly, 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 Jag Sharma, 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 Jag Sharma, 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, 2019, 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; and,
    2. That the Mayor, as the Sole Shareholder’s legal representative, direct Jag Sharma, 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, 2019 together with the report of NT Power’s auditors, Baker Tilly, thereon dated April 29, 2020 be approved and adopted; and,
      2. That Baker Tilly, 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, P. Sardana, 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, 2019, 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; and,
    3. That the Mayor, as the Sole Shareholder’s legal representative, direct Jag Sharma, 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, 2019 together with the report of Envi’s auditors, Baker Tilly, thereon dated April 7, 2020 be approved and adopted; and,
      2. That Baker Tilly, 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, 2019, 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.

Note: Adir Glikson, Community Energy Plan Administrator and Brett Morrow, Grant Coordinator, will be in attendance to provide a presentation on this matter.

    1. That the presentation by Adir Glikson, Community Energy Plan Administrator and Brett Morrow, Grant Coordinator, regarding the Community Efficiency Financing (CEF) Program be received.
    1. That the report entitled Community Efficiency Financing (CEF) Program dated June 8, 2020 be received; and,
    2. That the Newmarket Energy Efficiency Retrofit (NEER) Business Case, as presented during the September 30th, 2019 workshop, be approved in principle; and,
    3. That the Resolution, included as Attachment 2 to this Report, be approved; and,
    4. That staff be directed to apply to the Community Efficiency Financing program issued by the Federation of Canadian Municipalities (FCM); and,
    5. That staff be authorized and directed to do all things necessary to give effect to this resolution

    1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 for subject property 176 Parkview Crescent dated June 8, 2020 be received; and,
    2. That Council approve the requested site-specific exemption to Interim Control by-law 2019-04 for 176 Parkview Crescent and adopt the attached exemption by-law.

2020-28 A By-law to grant a site specific exemption for the property with the Municipal address of 176 Parkview Crescent, Newmarket, from Interim Control By-law 2019-04.

    1. That By-law 2020-28 be enacted.
    1. That the report entitled COVID-19 Recovery - Main Street Pedestrian Zones and Town-Wide Patio Expansion dated June 8, 2020 be received; and,
    2. That Council direct staff to put Town-wide plans in place to respond to future Provincial announcements with respect to restaurant and retail expanded openings through working in collaboration with the BIA, the Chamber of Commerce and local restaurant operators and retailers; and,
    3. That for 2020, Council direct staff to waive patio licensing fees for 2020; and,
    4. That for the 2020 patio season, Council delegates its authority to staff to amend the current Outdoor Serving Patio Program with respect to hours of operation, encroachment on Town lands, and any other relevant provisions to facilitate outdoor patios on a temporary basis; and,
    5. That infrastructure/material/set up/tear-down costs associated with the downtown pedestrian zones in 2020 that directly involve the use of Town property be funded by the Town through the operating budget and/or applicable reserves as required; and,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the written deputation from Leonard Martens regarding COVID-19 Recovery - Main Street Pedestrian Zones and Town-Wide Patio Expansion be received. 

Note: Emergency Order No. 1 attached for information purposes only.  

  • The Strategic Leadership Team/Operational Leadership Team recommend:

    1. That Council provide direction on whether to continue to restrict parking on Main Street to 30 minutes; and,
    2. That, should Council approve 30 minute parking restrictions along Main Street, an expiration date of these parking restrictions be defined and approved. 
    1. That Council approve up to an additional $25,000 to be allocated towards community support such as enhanced food bank operations, meal programs or other community needs; and,
    2. That Council direct the Director, Recreation & Culture to coordinate with the appropriate community partners to provide assistance; and,
    3. That the Treasurer be directed to provide funding from the appropriate sources for this program.

Note: This report was placed on the agenda at the request of Councillor Bisanz.

  • The Strategic Leadership Team/Operational Leadership Team recommend:

    1. That the Information Report entitled Traffic Calming: 2019 and 2020 Flexible Bollard Programs, dated March 13, 2020, be received for information purposes.

Note: This report was placed on the agenda at the request of Councillor Kwapis.

  • The Strategic Leadership Team/Operational Leadership Team recommend:

    1. That the Information Report entitled Discouraging the Unauthorized Demolition of Designated Heritage Buildings, dated May 14, 2020, be received for information purposes.
    1. That the Special Council - Electronic Meeting Minutes of May 19, 2020 be approved.
    1. That the Special Council - Electronic Meeting Minutes of May 25, 2020 be approved.