Town of Newmarket
Agenda
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

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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 by end of day on June 12, 2024. 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 .

2.

Additions & Corrections to the Agenda

Note: Additional items are marked by an asterisk*.

• 1. That the additions and corrections to the agenda be approved. 

3.

Conflict of Interest Declarations

4.

Public Hearing Matter(s)

There are no public hearing matters. 

5.

Presentations & Recognitions

5.1

Newmarket Hydro Holdings Inc. Annual General Meeting

Note: Ysni Semsedini, Chief Executive Officer & President, Newmarket-Tay Power will provide a presentation on this matter.

• 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.

5.2

Newmarket Energy Efficiency Retrofit Business Plan, Final Plan

Note: Craig Schritt, Manager, Environment, Climate and Sustainability will provide a presentation on this matter.

• 1. That the presentation provided by Craig Schritt, Manager, Environment, Climate and Sustainability regarding Newmarket Energy Efficiency Retrofit Business Plan be received. 

5.3

Parks and Recreation Capital Plan

Note: Jeff Payne, Commissioner, Community Services, and Peter Noehammer, Commissioner, Development & Infrastructure Services, will provide a presentation on this matter.

• 1. 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.

5.4

Municipal Accommodation Tax - Implementation of a Program

Note: Colin Service, Director, Recreation and Culture will provide a presentation on this matter. 

• 1. That the presentation provided by Colin Service, Director, Recreation and Culture regarding Municipal Accommodation Tax be received. 

6.

Deputations

6.1

Municipal Accommodation Tax - Implementation of a Program

Note: Marek Dabrowski will provide a deputation on this matter. This relates to item 7.4.

• 1. That the deputation provided by Marek Dabrowski regarding Municipal Accommodation Tax - Implementation of a Program be received. 

7.

Consent Items

7.1

Newmarket Hydro Holdings Inc. Annual General Meeting

• 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.

7.2

Newmarket Energy Efficiency Retrofit Business Plan - Final Plan

• 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.

7.3

Parks and Recreation Draft Capital Plan

• 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.

7.4

Municipal Accommodation Tax - Implementation of a Program

• 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 initiatives through the annual budget process; and,
  4. That staff report back on the establishment of a Municipal Services Corporation (MSC) and to promote and invest in Newmarket as a 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 Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.4.1

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

• 1. That the correspondence provided by Tammy Benneyworth regarding Municipal Accommodation Tax - Implementation of a Program be received. 

7.4.2

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

• 1. That the correspondence provided by Marek Dabrowski regarding the Municipal Accommodation Tax - Implementation of a Program be received. 

7.5

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

• 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.

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

• 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.

7.8

Winter Maintenance of Regional Sidewalks

• 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.

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

9.

Notices of Motion

10.

Motions Where Notice has Already been Provided

11.

New Business

12.

Closed Session

12.1

Newmarket Energy Efficiency Retrofit Business Plan

A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board Section 239(2)(k) of the Municipal Act, 2001. 

12.2

Newmarket-Tay Power Matter

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.

12.3

Personnel Matters

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

12.4

Staffing Updates

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

13.

Adjournment