Town of Newmarket

Agenda

Committee of the Whole

Meeting #:
Date:	Monday, February 04, 2019
Time:	1:30 P.m. - 6:00 P.m.
Location:	Council Chambers Municipal Offices 395 Mulock Drive Newmarket, ON L3Y 4X7

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1.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

2.

Declarations of Pecuniary Interest

3.

Presentations & Recognitions

3.1

Newmarket Hydro Holdings Inc. 2017 Annual General Meeting

Note: Paul Ferguson, President, Newmarket-Tay Power Distribution Ltd. will be in attendance to address the Committee on this matter.

4.

Deputations

4.1

Central Counties Tourism

Note: Chuck Thibeault will be in attendance to provide a deputation on this matter. 

4.2

Bill 66, Restoring Ontario's Competitiveness Act, 2018

Note: Rashin Alizadeh will be in attendance to provide a deputation on this matter.

4.3

Bill 66, Restoring Ontario's Competitiveness Act, 2018

Note: Paul Jolie will be in attendance to provide a deputation on this matter.

4.4

Bill 66, Restoring Ontario's Competitiveness Act, 2018

Note: Johanna Powell will be in attendance to provide a deputation on this matter.

5.

Consent Items

5.1

Newmarket Hydro Holdings Inc. 2017 Annual General Meeting

5.1.1

2019 President Report

• That the Newmarket Hydro Holdings Inc. Report of the President dated January 25, 2019 regarding the financial statements of Newmarket Hydro Holdings Inc. (the “Corporation”), the written resolutions of Newmarket – Tay Power Distribution Ltd. (“NT Power”) 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 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; Newmarket Hydro Holdings Inc. January 25, 2019 Report of the President Page 2 of 4 Newmarket Hydro Holdings Inc. 2017 Annual General Meeting

  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, 2017 together with the report of the Corporation’s auditors, Collins Barrow, thereon dated April 12, 2018 be approved and adopted.
     2. That Collins Barrow, 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.
     3. That Esther Armchuk 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.
     4. That Esther Armchuk, so long as he or she is the sole director of the Corporation, shall represent the Corporation at meetings of shareholders of NT Power;
     5. And 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, 2017, 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.
  2. And That the Mayor, as the Sole Shareholder’s legal representative, direct Esther Armchuk, 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, 2017 together with the report of NT Power’s auditors, Collins Barrow, thereon dated March 28, 2018 be approved and adopted.
     2. That Collins Barrow, 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. Newmarket Hydro Holdings Inc. January 25, 2019 Report of the President Page 3 of 4 Newmarket Hydro Holdings Inc. 2017 Annual General Meeting
     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.
     4. And 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, 2017, 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.

5.1.2

2019 President Report - Shareholders Agreement Amendment

• That the Newmarket – Tay Power Distribution Ltd. Report of the President dated January 25, 2019 regarding an amendment to the Shareholders Agreement between Tay Hydro Inc., Newmarket Hydro Holdings Inc., Newmarket – Tay Power Distribution Ltd., the Corporation of the Town of Newmarket and the Corporation of the Township of Tay be received and the following recommendation be adopted:

  Whereas Article 3.03(1) of the Shareholders Agreement between Tay Hydro Inc., Newmarket Hydro Holdings Inc., Newmarket – Tay Power Distribution Ltd. (the “Corporation”), the Corporation of the Town of Newmarket and the Corporation of the Township of Tay (the “Agreement”) states:

  “The board of directors of the Corporation shall consist of (7) directors, four (4) of whom shall be Non-Municipal Appointees, one (1) of whom shall be the Mayor of Tay, one (1) of whom shall be the Mayor of Newmarket, and one (1) of whom shall be the chief executive officer of the Corporation. The chair of the board of directors shall be a Non-Municipal Appointee designated by the other six (6) directors.”

  And Whereas the Township of Tay has requested that Article 3.03(1) be amended to allow for a designated sitting member of Council to be appointed to the board of directors in the Mayor’s place;

  And Whereas the Council of the Town of Newmarket is agreeable to this amendment;

  Now Therefore it be resolved by the Municipal Council of the Town of Newmarket that Article 3.03(1) of the Agreement be amended to state:

  “The board of directors of the Corporation shall consist of seven (7) directors, four (4) of whom shall be Non-Municipal Appointees, one (1) of whom shall be the Mayor of Tay or a designated sitting member of the Council of the Township of Tay, one (1) of whom shall be the Mayor of Newmarket or a designated sitting member of the Council of the Town of Newmarket, and one (1) of whom shall be the chief executive officer of the Corporation. The chair of the board of directors shall be a Non-Municipal Appointee designated by the other six (6) directors.”

5.1.3

2019 President Report - Envi Directors

• That the Newmarket Hydro Holdings Inc. (the “Corporation”) Report of the President dated January 11, 2019 regarding the inaugural board of directors of Envi Networks Ltd. (“Envi”) 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
  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, direct Esther Armchuk, the sole director and legal representative of the Corporation, to sign the following Envi shareholder resolution:
  2. That Ian Collins, Bob Kwapis, Jill Schatz and Tony Van Bynen are elected directors of Envi to hold office until the next annual meeting of shareholders or until their successors are elected or appointed.

5.2

Bill 66, Restoring Ontario's Competitiveness Act, 2018

• 1. That the report entitled Open-for-Business By-law (Bill 66) dated February 4, 2019 be received; and,
  2. That the report entitled Open-for-Business By-law (Bill 66) dated February 4, 2019 be submitted to the province as feedback; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.3

Correspondence - Town of Georgina re: Bill 66

• The Strategic Leadership Team/Operational Leadership Team recommend:

  1. That the Correspondence from the Town of Georgina re: Bill 66 be received for information.

5.4

175 Deerfield Road - Incentives for Affordable and Rental Housing

• 1. That the report entitled 175 Deerfield Road – Incentives for Affordable and Rental Housing dated February 4, 2019 be received; and,
  2. That Council approve the recommendations previously endorsed in Report 2018-61 to comply with the requirements of Section 275 of the Municipal Act; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.5

Proposed Amendment to the Growth Plan for the Greater Golden Horseshoe, 2017

• 1. That the report entitled Proposed Amendment to the Growth Plan for the Greater Golden Horseshoe, 2017, dated February 4, 2019 be received; and,
  2. That the report entitled Proposed Amendment to the Growth Plan for the Greater Golden Horseshoe, 2017, dated February 4, 2019 be submitted to the province as feedback; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.6

Servicing Allocation Policy - Update

• 1. That the report entitled Servicing Allocation Policy - Update dated February 4, 2019, be received; and,
  2. That Council adopt the Servicing Allocation Policy, updated February 2019, included as Attachment 1 to this Report; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.7

Amendments to Council Code of Conduct

• 1. That the report entitled Amendments to Council Code of Conduct dated February 4, 2019 be received; and,
  2. That Council adopt the amendments to the Council Code of Conduct attached as Attachment A with an effective date of March 1, 2019; and,
  3. That Council adopt amendments to the Indemnification By-law attached as Attachment B; and,
  4. That Staff be directed to investigate further amendments or revisions to the Code of Conduct as required; and,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.8

Accessibility Plan 2018 Status Update

• 1. That the report entitled “2018 Accessibility Status Update” dated February 4, 2019 be received; and,
  2. That Council approve the 2018 Accessibility Status Update, attached as Attachment A; and,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

5.9

Central York Fire Services Joint Council Committee Meeting Minutes of September 4, 2018

• 1. That the Central York Fire Services Joint Council Committee Meeting Minutes of September 4, 2018 be received.

5.10

Outstanding Matters List

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

6.

Action Items

7.

Reports by Regional Representatives

8.

Notices of Motions

9.

Motions

10.

New Business

11.

Closed Session (if required)

12.

Public Hearing Matter (7:00 PM)

12.1

Old Main Street Tertiary Plan

Note: The following reports have been attached for information purposes only:

• Planning and Building Services 2017-19 dated May 15, 2017 regarding a Tertiary Plan Study and an Interim Control By-law for Old Main Street
• Planning & Building Services Report 2018-14 dated February 26, 2018 regarding the Old Main Street Tertiary Plan Background Report.

12.1.1

Deputation - Craig Baker

12.1.2

Deputation - Lloyd McKee

12.1.3

Deputation - Trudy Baker

12.1.4

Deputation - Sonya Reiter

12.1.5

Deputation - Everett Baker

12.1.6

Deputation - Chris Baur

12.1.7

Correspondence - Larkin Land Use Planners Inc.

12.1.8

Correspondence - Craig Baker

12.1.9

Correspondence - Sharon & Ian Gillespie

12.1.10

Correspondence - Peter Stott

12.1.11

Correspondence - Trudy Baker

12.1.12

Correspondence - Chris Baur

13.

Adjournment