Town of Newmarket
Agenda
Council - Electronic

Meeting #:

Date:

Monday, June 26, 2023

Time:

1:00 P.m. - 6:00 P.m.

Location:

Streamed live from the Municipal Offices

395 Mulock Drive

Newmarket, ON L3Y 4X7

---

1.

Notice

This meeting will be streamed live at newmarket.ca/meetings.

Public Input

Individuals who wish to submit input to Council in relation to an item on this agenda have the following options available.

1. Email your correspondence to [email protected] by end of day on June 25, 2023. Written correspondence received by this date will form part of the public record; or,
2. You are strongly encouraged to pre-register if you would like to make a deputation at the meeting. For more information regarding the options available, email your request and contact information to [email protected].

2.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

• Additions and corrections be approved. 

3.

Conflict of Interest Declarations

4.

Public Hearing Matter(s)

There are no public hearing matters.

5.

Presentations & Recognitions

6.

Deputations

7.

Minutes

7.1

Council - Electronic Meeting Minutes of June 5, 2023

• 1. That the Council Electronic Meeting Minutes of June 5, 2023 be approved. 

8.

Reports by Regional Representatives

9.

Consent Items and Recommendations from Committees 

9.1

Committee of the Whole - Electronic Meeting Minutes of June 19, 2023

• 1. That the Committee of the Whole - Electronic meeting minutes of June 19, 2023 be received and the recommendations noted within be adopted.

9.1.1

Nature's Emporium Run for Southlake - Community Spirit Award

• 1. That the presentation by Patricia McLaughlin, Director Events & Community Partnerships, and Melanie Osmond, Officer Events & Partnerships, Southlake Regional Health Centre Foundation regarding the Nature's Emporium Run for Southlake - Community Spirit Award be received.

9.1.2

Annual General Meeting Newmarket Hydro Holdings Inc.

• 1. That the presentation provided by Ysni Semsedini, President and Chief Executive Officer Newmarket-Tay Power Distribution Ltd. be received.

9.1.3

Development Approvals Process Review

• 1. That the Development Approvals Process Review presentation provided by David Sajecki, Partner and Co-founder, Sajecki Planning, and Meghan White, Senior Planner, Development, Planning and Building Services regarding the Development Approvals Process Review be received.

9.1.4

Downtown Waste Management Strategy

• 1. That the presentation provided by Amanda Romano, Waste Program Coordinator on the Downtown Waste Management Strategy Update be received. 

9.1.5

Blue Box Transition Update

• 1. That the presentation provided by Amanda Romano, Waste Program Coordinator on the Blue Box Transition Update be received. 

9.1.6

Deputation - Billy Tung, Partner KLM Planning Partners Inc.: 415 Pickering Crescent - Zoning By-law Amendment and Official Plan Amendment

• 1. That the deputation provided by Billy Tung, Partner, KLM Planning Partners Inc. regarding 415 Pickering Crescent Zoning By-law Amendment and Official Plan Amendment be received. 

9.1.7

Newmarket Hydro Holdings Inc., 2022 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 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;

  
  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, 2022 together with the report of the Corporation’s auditors, KPMG (“KPMG”), Chartered Accountants, thereon dated June 6, 2023 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 NT Holdings; 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, 2022, 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 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, 2022 together with the report of NT Power’s auditors, KPMG, thereon dated May 1, 2023 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, 2022, 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 Ian McDougall, the sole director and legal representative of the Corporation, 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, 2022 together with the report of NT Holdings’ auditors; and,
        KPMG, thereon dated May 5, 2023 be approved and adopted; and
     2. That KPMG, Chartered Accountants, 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, 2022, 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.

9.1.8

Response to Bill 109 with Collaborative Application Preparation Process & Development Approvals Process and Fees Review

• 1. That the report entitled Response to Bill 109 with Collaborative Application Preparation Process & Development Approvals Process and Fees Review dated June 19, 2023 be received; and,
  2. That Staff be directed to bring forward an amended delegation by-law, delegating approval authority for temporary use by-laws and the removal of holding symbols to the Director of Planning & Building Services; and
  3. That Council endorse the recommended changes outlined in Appendix 2, subject to further approvals, as required; and,
  4. That Council endorse the use of the Region’s CAP process; and,
  5. That Staff be directed to bring back a Pre-Consultation By-law to implement the Region’s CAP process; and
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.9

Downtown Waste Management Strategy Update

• 1. That the report entitled Downtown Waste Management Strategy Update dated June 19, 2023, be received; and,
  2. That Council approve the options proposed by staff for further exploration and consideration in the development of a final plan for the Downtown Waste Management Strategy; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.10

Blue Box Transition Update

• 1. That the report titled “Blue Box Transition Update” be received; and,
  2. That the Town of Newmarket does not pursue Circular Materials Ontario’s (CMO) Requests for Proposals (RFP) for residence and facility collection of Blue Box materials on behalf of producers post-transition; and,
  3. That staff be authorized to negotiate and execute an amendment to waste contract CRFP2016-02 with GFL Environmental Inc. (GFL), to reflect the removal of Blue Box collection services on terms acceptable to, and with the approval of the Chief Administration Officer; and,
  4. That staff report back to Council on ineligible sources and a proposed approach regarding post-transition recycling collection; and,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

   

9.1.11

2023 Budget Reconciliation

• 1. That the report entitled 2023 Budget Reconciliation Report dated June 19, 2023, be received; and,
  2. That the 2023 Budget Reconciliation be approved; and,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.12

2023 Reserves and Reserve Funds Budget

• 1. That the report entitled 2023 Reserves and Reserve Funds Budget dated June 19, 2023, be received; and,
  2. That 2023 Reserves 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.

9.1.13

Dismantling Anti-Black Racism Advisory Committee Recruitment Process

• 1. That the report entitled Dismantling Anti-Black Racism Advisory Committee (DABRAC) Recruitment Process dated June 19, 2023 be received; and,
  2. That Council approve the attached DABRAC Terms of Reference (Attachment 1); and,
  3. That Council delegate the recruitment and appointment for DABRAC members to an external Selection Committee comprised of three to five members of the Black community; and,
  4. That the Chairperson of the Newmarket African Caribbean Canadian Association (NACCA) lead the recruitment for the external Selection Committee, with the support of Town staff and resources; and,
  5. That, excluding the Chairperson of the NACCA position, members of the external Selection Committee for DABRAC be ineligible to sit as a member of DABRAC due to a conflict of interest in appointing themselves; and,
  6. That in recognition of the contributions to Council and the Newmarket community that members of the DABRAC and Accessibility Advisory Committee provide by sharing their lived experiences, which may include experiencing adversity and societal inequities, members of these Committees be provided an honorarium of $100 per meeting; and,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.14

York Region - Streamlining Development Approvals and Supporting Provincial Housing Targets

• 1. That the correspondence dated May 1, 2023 from York Region be received; and,
  2. That staff be directed to correspond with York Region acknowledging support.

9.1.15

415 Pickering Crescent - Zoning By-law Amendment & Official Plan Amendment

• 1. That the report entitled Zoning By-law Amendment and Official Plan Amendment – 415 Pickering Crescent dated June 19th, 2023 be received; and,
  2. That the Official Plan Amendment be adopted; and,
  3. That the application for Zoning By-law Amendment as submitted by 2425945 Ontario Inc. for lands municipally known as 415 Pickering, be approved, and that staff be directed to present the Zoning By-law Amendment, including necessary Holding provisions, to Council for approval; and,
  4. That 2425945 Ontario Inc. and KLM Planning Partners Inc., be notified of this action; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.16

Water and Sewer Service Line Warranty Program

• 1. That the report entitled Water and Sewer Service Line Warranty Program dated June 19, 2023 be received; and,
  2. That Council approve the issuance of a Request for Proposal to determine one or multiple vendors to supply a Water and Sewer Service Line Warranty Program for the residents of the Town of Newmarket; and,
  3. That staff be authorized and directed to implement the Water and Sewer Service Line Warranty Program endorsed by the Town; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.17

Penn Avenue Traffic Review Update #2

• 1. That the report entitled Penn Avenue Traffic Review – Update #2 dated June 19, 2023 be received; and,
  2. That an all-way stop at the Penn Avenue/Hillview Drive intersection be approved; and,
  3. That Traffic Bylaw be amended as noted in Appendix A; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.18

First Quarterly Update to the Outstanding Matters List for 2023

• 1. That the report entitled First Quarterly Update to the Outstanding Matters List for 2023 dated June 19, 2023 be received; and,
  2. That Council adopt the Outstanding Matters List (Attachment A); and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.1.19

Newmarket Public Library Board Meeting Minutes of April 19, 2023

• 1. That the Newmarket Public Library Board meeting minutes of April 19, 2023 be received. 

9.1.20

Heritage Newmarket Advisory Committee Meeting Minutes of September 6, 2022

• 1. That the Heritage Newmarket Advisory Committee Meeting Minutes of September 6, 2022 be received.

9.1.21

Petition - Traffic Study on Carol Avenue for Pedestrians Crossing to Sidewalk and Mailbox

• 1. That the petition regarding a traffic study on Carol Avenue be received; and,
  2. That staff be directed to conduct a speed and traffic calming analysis on Carol Avenue between Park Avenue and Eagle Street.

9.2

Water, Wastewater and Stormwater 10-year Financial Plans

Note: This item was referred to the June 26, 2023 Council - Electronic meeting at the June 19, 2023 Committee of the Whole - Electronic meeting.

• 1. That the report entitled 2023 Water, Wastewater and Stormwater 10-Year Financial Plans dated June 19, 2023 be received; and,
  2. That Council approve the proposed Water, Wastewater and Stormwater 10-year Financial Plans; and,
  3. That Council approve a one-time transfer of $25 million from the Wastewater Asset Replacement Fund to the Stormwater Asset Replacement Fund to meet the funding requirements as outlined in the plan; and,
  4. That any year-end surpluses will be allocated in the following manner:
     • first to reserve requirements, if any;
     • second to the respective Rate Stabilization Reserves up to the defined levels;
     • any remaining surplus to the respective Asset Replacement Reserve Funds;
  5. That Council approve the defined levels for Rate Stabilization Reserves at 10% of revenues for water and wastewater and 15% for stormwater on an interim basis pending results of the upcoming reserve and reserve funds review; and,
  6. That the presentation from Andrea Tang, Manager Finance and Accounting Services and Deputy Treasurer regarding the 2023 Water, Wastewater and Stormwater 10-Year Financial Plans be received; and,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3

Development Charges By-law Extension

Note: This item was referred to the June 26, 2023 Council - Electronic meeting at the June 19, 2023 Committee of the Whole - Electronic meeting.

• 1. That the report entitled Development Charges By-Law Extension dated June 19, 2023, be received; and, 
  2. That in 2024, staff bring forward an amending by-law to the current Development Charge By-Laws to extend the expiry date for another five years; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.4

Correspondence - Building Industry and Land Development Association (BILD): Response to Bill 109 with Collaborative Application Preparation Process and Development Approvals Process and Fees Review

Note: this item relates to item 9.1.8

• 1. That the correspondence from Building Industry and Land Development Association (BILD): Response to Bill 109 with Collaborative Application Preparation Process and Development Approvals Process and Fees Review be received. 

9.5

2022 Audited Financial Statements and Auditor's Findings

• 1. That the report entitled 2022 Financial Statements and Auditor’s Report dated June 26, 2023 be received; and,
  2. That the draft 2022 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 Audit Findings Report from KPMG LLP be received; and,
  3. That Council approve the 2022 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; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.6

Item 6.1.1 and 6.1.2 of the draft Audit Committee Meeting Minutes of June 20, 2023

• 1. That the Consolidated Financial Statements of The Corporation of Town of Newmarket for the year ended December 31, 2022 be approved; and,

  2. That the Financial Statements of Town of Newmarket Main Street District BIA for the year ended December 31, 2022 be approved.

9.7

Municipal Accommodation Tax: Background and Public Consultation

• 1. That the report entitled Municipal Accommodation Tax – Background and Public Consultation be received; and,
  2. That the public consultation strategy as outlined in the report be approved; and,
  3. That staff report back in the 4^th quarter with recommendations around a Municipal Accommodation Tax reflective of the consultation undertaken; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.8

Information Report 2023-16: Fitness Centre at Ray Twinney Complex

• 1. That Information Report 2023-16 Fitness Centre at Ray Twinney Complex be received. 

10.

By-laws

2023-36 -  A By-law to amend the fees table of Schedule "A" of Building By-law 2015-58

2023-37 - A By-law to amend By-law 2011-24, as amended, to regulate traffic within the Town of Newmarket (Schedule III Stop Signs)

2023-39 - A By-law to amend By-law Number 2010-40, as amended, being the Town’s Comprehensive Zoning By-law (415 Pickering Crescent) 

2023-40 - A By-law to exempt the condominium on 260 Eagle Street from Sections 51 and 51.1 of the Planning Act (Oxford Homes-AHB Eagle 27 Inc.)

2023-41 - A By-law to exempt certain lands from the part lot control provisions of the Planning Act

2023-42 - A By-law to exempt the condominium of two commercial/industrial mixed use buildings at 455 and 465 Harry Walker Parkway South from Sections 51 & 51.1 of the Planning Act

* 2023-43 - A By-law to adopt Amendment Number 35 to the Town of Newmarket 2006 Official Plan (415 Pickering Crescent)

• 1. That By-laws 2023-36, 2023-37, 2023-39, 2023-40, 2023-41, 2023-42, and 2023-43 be enacted.

11.

Notices of Motions

12.

Motions Where Notice has Already been Provided

13.

New Business

14.

Closed Session (if required)

14.1

Council Meeting Minutes (Closed Session) of June 5, 2023

• 1. That the Council (Closed Session) Meeting Minutes of June 5, 2023 be approved. 

14.2

Committee of the Whole Electronic Meeting Minutes (Closed Session) of June 19, 2023

14.2.1

Newmarket Hydro Holdings Inc 2022 Annual General meeting - Newmarket-Tay Power Financial Statements

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.

14.2.2

Future Revenue Generation Opportunity

Information (e.g., a trade secret or scientific, technical, commercial, or financial information) that belongs to the municipality and has monetary value as per Section 239(2)(j)] of the Municipal Act, 2001.

14.2.3

Staffing Budget

Labour Relations or employee negotiations as per Section 239 (2) (d) of the Municipal Act, 2001

14.2.4

Property Matter in Ward 5

Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per Section 239(2)(e) of the Municipal Act, 2001.

15.

Confirmatory By-law

2023-38 A By-law to Confirm the Proceedings of the June 26, 2023 Council - Electronic meeting.

• 1. That By-law 2023-38 be enacted.

16.

Adjournment