Town of Newmarket

Agenda

Council

Meeting #:
Date:	Monday, June 24, 2019
Time:	7:00 P.m. - 9:00 P.m.
Location:	Council Chambers Municipal Offices 395 Mulock Drive Newmarket, ON L3Y 4X7

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1.

Open Forum

2.

Public Notices (if required)

3.

Additions & Corrections to the Agenda

4.

Declarations of Pecuniary Interest

5.

Presentations & Recognitions

5.1

2018 Ontario Public Works Association (OPWA) Roger Brown Award - National Public Works Week

Note: Brian Barber, Executive Director of Ontario Public Works Association will be in attendance to present this award.

6.

Deputations

6.1

Neighbourhood Network

Note: Tom Taylor and Erin Cerenzia will be in attendance to provide a deputation on this matter. 

6.2

Residential Property Matter

Note: Attila Vinczer will be in attendance to provide a deputation on this matter. 

6.3

Site Specific Exemption to Interim Control By-law 2019-04 for 316 Darlington Crescent

Note: John Houston will be in attendance to provide a deputation on this matter. 

7.

Approval of Minutes

7.1

Council Meeting Minutes of May 27, 2019

• 1. That the Council Meeting Minutes of May 27, 2019 be approved.

7.2

Special Council Meeting Minutes of June 17, 2019

• 1. That the Special Council Meeting Minutes of June 17, 2019 approved. 

8.

Reports by Regional Representatives

9.

Reports of Committees and Staff

9.1

Council Workshop Meeting Minutes of May 28, 2019

Note: The workshop dealt with Asset Management. 

• 1. That the Council Workshop meeting Minutes of May 28, 2019 be received.

9.2

Council Workshop Meeting Minutes of June 10, 2019

Note: This workshop dealt with the Residential Parking Review.

• 1. That the Council Workshop meeting Minutes of June 10, 2019 be received.

9.3

Committee of the Whole Meeting Minutes of June 17, 2019

• 1. That the Committee of the Whole Meeting Minutes of June 17, 2019 be received and the recommendations noted within be adopted.

9.3.1

Presentation - Protection of Trees on Private Property

• 1. That the presentation entitled Protection of Trees on Private Property be received.

9.3.2

Presentation - Newmarket Hydro Holdings Inc. 2018 Annual General Meeting

• 1. That the presentation entitled Newmarket Hydro Holdings Inc. 2018 Annual General Meeting be received.

9.3.3

Presentation - ENVI 2018 Annual General Meeting

• 1. That the presentations by Paul Ferguson regarding the Newmarket Hydro Holdings 2018 Annual General Meeting and Gianni Creta regarding the ENVI 2018 Annual General Meeting be received.

9.3.4

Deputation - Routes Connecting Communities

• 1. That the deputation by Danielle Koren regarding Routes Connecting Communities be received.

9.3.5

Deputation - Property Water Damage

• 1. That the deputation by John Day regarding Property Water Damage be received.

9.3.6

Deputation - Traffic Signage on Wayne Drive

• 1. That the deputation regarding Traffic Signage on Wayne Drive be received and referred to staff.

9.3.7

Deputation - Protection of Trees on Private Property

• 1. That the deputation by Chris Howie regarding the Protection of Trees on Private Property be received.

9.3.8

Deputation - Protection of Trees on Private Property

• 1. That the deputation by Catherine Wellesley regarding the Protection of Trees on Private Property be received.

9.3.9

Deputation - Protection of Trees on Private Property

• 1. That the deputation by Edie Andrews regarding the Protection of Trees on Private Property be received.

9.3.10

Deputation - Site-Specific Employment Land Conversion Requests

• 1. That the deputation by John McGovern regarding Site-Specific Employment Land Conversion Requests be received.

9.3.11

Newmarket Hydro Holdings Inc. Report of the President

• That the Newmarket Hydro Holdings Inc. Report of the President dated June 4, 2019 regarding the financial statements of Newmarket Hydro Holdings Inc. (the “Corporation”), the written resolutions of Newmarket – Tay Power Distribution Ltd. (“NT Power”), the written resolutions of Envi Networks Ltd. (“Envi”) and appointment of the sole director and auditors be received and the following recommendations be adopted:

  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 NT Power and Envi; and,

  Whereas 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, 2018 together with the report of the Corporation’s auditors, Baker Tilly KDN LLP (“Baker Tilly”), Chartered Accountants, formerly Collins Barrow, thereon dated May 14, 2019 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 or her successor is elected or appointed; and,
     4. That Jag Sharma, so long as he or she is the sole director of the Corporation, shall represent the Corporation at meetings of the 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, 2018, 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, 2018 together with the report of NT Power’s auditors, Baker Tilly, thereon dated April 30, 2019 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, B. Gabel, R. Betts, D. Charleson, C. Prattas and P. Ferguson 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, 2018, 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; and,
     1. That the financial statements of Envi for the financial year ended December 31, 2018 together with the report of Envi’s auditors, Baker Tilly, thereon dated April 18, 2019 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, Schatz, T. Van Bynen 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, 2018, 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.

9.3.12

Protection of Trees on Private Property

• 1. That the report entitled Protection of Trees on Private Property dated June 17, 2019 be received; and,
  2. That the presentation regarding Protection of Trees on Private Property be received; and,
  3. That staff be directed to take the proposed approach for internal and public consultation; and,
  4. That following the internal and public consultation, issues identified in this report, together with comments from the public, and Committee, be addressed by staff in a comprehensive report to the Committee of the Whole with a draft by-law; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3.13

Asset Management Policy

• 1. That the report entitled Asset Management Policy dated June 17, 2019 be received; and,
  2. That the Asset Management Policy (Appendix A) be approved; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3.14

Application for Draft Plan of Condominium (19CDMN-2019-001) 955 and 995 Mulock Drive Lorne Park Gardens Inc.

• 1. That the report entitled Application for Draft Plan of Condominium (19CDMN-2019-001) dated June 17, 2019 be received; and,
  2. That approval be given to draft plan of condominium 19CDMN-2019 001 subject to the Schedule of Conditions attached and forming part of this report; and,
  3. That Michael Vani, Weston Consulting, 201 Millway Ave. Suite 19, Vaughan, ON L4K be notified of this action.

9.3.15

Implications of Bill 108 - More Homes More Choice Act

Note: The Committee of the Whole directed Staff to attach comments to the Province regarding Bill 108 to the Council Agenda. See letter attached. 

• 1. That the report entitled Implications of Bill 108 – More Homes More Choices Act dated June 17, 2019 be received; and,
  2. That the report entitled Implications of Bill 108 – More Homes More Choices Act dated June 17, 2019 be submitted to the province as feedback; and,
  3. That a copy of the report be sent to the Honourable Christine Elliott, Deputy Premier and MPP Newmarket-Aurora, and to the Association of Municipalities of Ontario (AMO) for their consideration; and,
  4. That Council call on the province to engage in significant and meaningful consultation with municipalities prior to the development of the regulations; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3.16

Fire Learning Management System Software

• 1. That Fire Services Report 2019-04 Fire Learning Management System Software dated 2019-04-18 be received; and,
  2. That Council approve Central York Fire Service (CYFS) enter into a long-term, non-competitive agreement with the current web based Fire Learning Management System (FLMS) service provider, being Stillwater Consulting Limited, at a cost of approximately $153,000.00 over a ten (10) year time frame and renewable annually thereafter for support, maintenance and licence fees based on available approved budgets.

9.3.17

Youth Engagement, Diversity and Inclusivity, and Consultation on the Environment

• 1. That the report entitled Youth Engagement, Diversity and Inclusivity, and Consultation on the Environment dated June 17, 2019 be received; and,
  2. That staff be directed to continue the initiatives related to Youth Engagement and Diversity and Inclusivity that are outlined in this report; and,
  3. That staff be directed to plan a Climate Change Open House for Fall 2019 and a Spring 2020 e-Waste Collection event as part of a one-year pilot environmental consultation program and report back in 2020 with a review of this program; and,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3.18

Site-Specific Employment Land Conversion Requests

• 1. That the report entitled Site-Specific Employment Area Conversion Requests dated June 17, 2019 be received; and,
  2. That Council support the Site-Specific Employment Area Conversion Requests submitted to York Region regarding the following properties:
     1. 520, 521, 550 & 630 Newpark Boulevard (Weston Consulting)
  3. That Council also support the Site-Specific Employment Area Conversion Request submitted to York Region regarding 1240 Twinney Drive & 1250 Davis Drive (Rice Group) subject to:
     1. the inclusion of a purpose-built rental development in the area identified as ‘Block A’ on Map 15 of Zoning By-law 2010-40; and,
     2. the owner executing an agreement with the Town including a commitment that any rental building remain rental for a minimum of 20 years; and,
     3. a percentage of the units being made available to Housing York; and,
  4. That the report entitled Site-Specific Employment Area Conversion Requests dated June 17, 2019 be submitted to York Region as input to the Municipal Comprehensive Review; and,
  5. That Attachment 2 to the report entitled Site-Specific Employment Area Conversion Requests dated June 17, 2019, be submitted to the province; and,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
• 2. That Council support the Site-Specific Employment Area Conversion Requests submitted to York Region regarding the following properties:

  b. 20 properties within the Mulock Station Area Secondary Plan (Town of Newmarket).

9.3.19

Audit and Accountability Fund – Submission of Expression of Interest to the Province

• 1. That the report entitled “Audit and Accountability Fund – Submission of Expression of Interest to the Province” dated June 17, 2019 be received; and,
  2. That Council directs staff to submit an Expression of Interest to the Province for funding through the Audit and Accountability Fund by June 30, 2019; and,
  3. That Council supports the Provincial investment in municipalities to undertake expenditure reviews with the goal of finding service delivery efficiencies; and,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

9.3.20

Central York Fire Services Joint Council Committee Meeting Minutes of March 5, 2019

• 1. That the Central York Fire Services Joint Council Committee Meeting Minutes of March 5, 2019 be received.

9.3.21

Elman W. Campbell Museum Board of Management Meeting Minutes of April 18, 2019

• 1. That the Elman W. Campbell Museum Board of Management Meeting Minutes of April 18, 2019 be received.

9.3.22

Heritage Newmarket Advisory Committee Meeting Minutes of May 7, 2019

• 1. That the Heritage Newmarket Advisory Committee Meeting Minutes of May 7, 2019 be received.

9.3.23

Item 3.1 of Heritage Newmarket Advisory Committee Meeting Minutes of May 7, 2019

• 1. That the Heritage Newmarket Advisory Committee recommend that the Council of the Town of Newmarket direct staff to investigate a new plaque, including associated costs to denote the location of the historic Trading Tree and provide the Town history associated with the Tree.

9.3.24

Main Street District Business Improvement Area Board of Management Meeting Minutes of April 17, 2019

• 1. That the Main Street District Business Improvement Area Board of Management Meeting Minutes of April 17, 2019 be received.

9.3.25

Newmarket Downtown Development Committee Meeting Minutes of March 29, 2019

• 1. That the Newmarket Downtown Development Committee Meeting Minutes of March 29, 2019 be received.

9.3.26

Newmarket Environmental Advisory Committee Meeting Minutes of June 20, 2018

• 1. That the Newmarket Environmental Advisory Committee Meeting Minutes of June 20, 2018 be received.

9.3.27

Newmarket Public Library Board Meeting Minutes of April 17, 2019

• 1. That the Newmarket Public Library Board Meeting Minutes of April 17, 2019 be received.

9.3.28

Outstanding Matters List

• 1. That the list of outstanding matters be received.

9.3.29

Motion - Single-Use Plastics (Councillor Simon)

• 1. That Council direct staff to bring back a report which outlines the roles and responsibilities of the Province, the Region and the Town in relation to recycling and diversion and provides the following:
     1. information on what work is currently being done to address the reduction and eventual elimination of single use plastics; and,
     2. clear options for Council to consider to ensure the town is taking steps within its jurisdiction to reduce and eventually eliminate single use plastics.

9.3.30

New Business - Ward 1 Traffic Petitions

• 1. That the petitions regarding traffic issues in Ward 1 be received and referred to staff.

9.3.31

Public Planning - Official Plan Amendment and Zoning By-law Amendment (900 Mulock Drive / 605 Ferndale Ave - Stickwood Walker Farm)

• 1. That all presentations and deputations relating to the Public Planning Session - Official Plan Amendment and Zoning By-law Amendment (900 Mulock Drive/605 Ferndale Ave - Stickwood Walker Farm) be received.
  2. That staff be directed to hold a Public Information Centre on the Stickwood Walker Farm building design and arrange a meeting between the Ward 1 Councillor and local concerned residents.

9.4

Committee of the Whole Meeting (Closed Session) Minutes of June 17, 2019

• 1. That the Committee of the Whole Meeting (Closed Session) Minutes of June 17, 2019 be approved. 

9.5

2018 Financial Statements and Auditor's Report

• 1. That the report entitled 2018 Financial Statements and Auditor’s Report dated June 24, 2019 be received; and,
  2. That the draft 2018 financial statements for The Corporation of the Town of Newmarket, the Town of Newmarket Main Street District BIA and the Town of Newmarket Trust Fund; the Financial Statement Discussion and Analysis prepared by staff; and the Report to the Audit Committee on the results of the December 31, 2018 financial statements audits from Deloitte LLP be received; and,
  3. That Council approves the 2018 financial statements for The Corporation of the Town of Newmarket, the Town of Newmarket Main Street District BIA and the Town of Newmarket Trust Fund as endorsed by the Audit Committee.

9.6

Correspondence regarding Site-Specific Employment Land Conversion Requests

Note: This item relates to item 9.3.18 of the Committee of the Whole Meeting Minutes from June 17, 2019.

• 1. That the Correspondence regarding the Site-Specific Employment Land Conversion Requests from the Rice Group be received for information; and,
  2. That the Correspondence regarding the Site-Specific Employment Land Conversion Requests from Tricap Properties be received for information.

9.7

Site Specific Exemption to Interim Control By-law 2019-04 for 316 Darlington Crescent

• 1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 – 316 Darlington Crescent dated June 24, 2019 be received; and,
  2. That Council approve the requested site-specific exemption to Interim Control by-law 2019-04 for 316 Darlington Crescent and adopt the attached exemption by-law.

9.8

Site Specific Exemption to Interim Control By-law 2019-04 for 624 Srigley Street

• 1. That the report entitled Site Specific Exemption to Interim Control By-law 2019-04 – 624 Srigley Street dated June 24, 2019 be received; and,
  2. That Council approve the requested site-specific exemption to Interim Control by-law 2019-04 for 624 Srigley Street and adopt the attached exemption by-law.

10.

By-laws

2019-41 A By-law To Exempt Certain Lands From The Part Lot Control Provisions Of The Planning Act. (Lorne Park Gardens Inc.)
2019-42 A By-law to Permanently Close a Highway (Deerfield Road)
2019-43 A By-law to grant a site specific exemption for the property with the Municipal address of 316 Darlington Crescent, Newmarket, from Interim Control By-law 2019-04.
2019-44 A By-law to grant a site specific exemption for the property with the Municipal address of 624 Srigley Street, Newmarket, from Interim Control By-law 2019-04. 

• 1. That By-laws 2019-41, 2019-42, 2019-43 and 2019-44 be enacted.

11.

Notices of Motions

12.

Motions

13.

Announcements & Community Events

14.

New Business

15.

Closed Session

15.1

Personal matters about an identifiable individual, including municipal or local board employees as per Section 239 (2) (b) of the Municipal Act, 2001.

15.2

Lease Agreement for a Property in Ward 5

A proposed or pending acquisition or disposition of land by the municipality or local board as per Section 239(2)(c) of the Municipal Act, 2001

16.

Confirmatory By-law

2019-45 A By-law to Confirm the Proceedings of the June 24, 2019 Council meeting

• 1. ​That By-law 2019-45 be enacted.

17.

Adjournment