The Newmarket Record

Committee of the Whole - Electronic

August 23, 2021

Who was there

Present (7): Christina Bisanz, Kelly Broome, Bob Kwapis, Trevor Morrison, Grace Simon, John Taylor, Tom Vegh

Absent (2): Jane Twinney, Victor Woodhouse

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (13 motions)

11 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That the addition to the agenda be approved.
Moved by Councillor Morrison, seconded by Councillor Bisanz
Carried
That the presentation provided by Ysni Semsedini, President, Newmarket-Tay Power Distribution Ltd. and Gianni Creta, President, Envi Network regarding the Newmarket Hydro Holdings Inc. 2020 Annual General Meeting be received.
Moved by Councillor Kwapis, seconded by Councillor Bisanz
Carried
That sub-items 6.4, 6.5, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 and 6.14 be adopted on consent. See following sub-items 6.1, 6.2, 6.3, and 6.6 for motions.
Moved by Councillor Morrison, seconded by Councillor Kwapis
Carried
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: That the Mayor, as the Sole Shareholder’s legal representative, is directed to sign the following Corporation Shareholder resolutions: That the Corporation’s financial statements for the financial year ended December 31, 2020 together with the report of the Corporatio
Moved by Councillor Morrison, seconded by Councillor Broome
Referred
That the presentation provided by Matt Reid, Fotenn Planning + Design regarding Urban Design Guidelines be received; and, That the report entitled Urban Design Guidelines dated August 23, 2021 be received; and, That Council approve Attachment 1 to this report titled “Town of Newmarket Urban Design Guidelines” prepared by Fotenn Planning + Design, as amended ; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Morrison, seconded by Councillor Broome
Carried
That the report entitled Ontario Ministry of the Environment, Conservation and Parks NPC-300 Guideline – 17645 Yonge St dated August 23 2021 be received; and, That the designation of 17645 Yonge St to a Class 4 Noise Area be approved; and, That Council approve the By-law, substantially in accordance with Attachment 1, authorizing the designation; and, That Redwood Properties, 330 New Huntington Rd, Suite 201, Vaughan ON L4H 4C9, be notified of this action; and, That Groundswell Urban Planners Inc. 30 West Beaver Creek Rd Unit 109, Richmond Hill ON L4B 3K1, be notified of this action; and, That the owners of 17725 Yonge Street and their tenant, Food Basics, be notified of this action; and That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Morrison, seconded by Councillor Kwapis
Carried
That the report entitled Hybrid Meeting Policy dated August 23, 2021 be received; and, That Council approve the Pilot Hybrid Meeting Policy attached as Attachment 1 and rescind the Electronic Participation in Meetings Policy; and, That the proposed amendment to the Town of Newmarket’s Procedure By-law 2020-12 to permit electronic participation after December 31, 2021 as outlined in Attachment 2 of this report be approved; and, That the Town Clerk be authorized to administer the Pilot Hybrid Meeting Policy and develop the necessary Procedures to implement the Policy, as required; and, That staff be directed to report back to Council in Q1 2023 with a review of the Pilot Hybrid Meeting Policy, as part of the Procedure By-law Review; and, That beginning with the Committee of the Whole meeting of October 25, 2021 or as determined by the Mayor and Chief Administrative Officer, staff be directed to facilitate meetings in a hybrid manner with in-person and remote Members of Council, Staff and the public; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Moved by Councillor Broome, seconded by Councillor Kwapis
Carried
& Regional Councillor Vegh That the Committee of the Whole resolve into Closed Session to discuss the following matter: Newmarket-Tay Power and ENVI 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.
Moved by Councillor Kwapis
Carried
That the Committee of the Whole resolve into Closed Session to discuss the following matters: Proposed Acquisition and Disposition of Land – Property in Ward 6 - 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. Vaccination Requirements/Policies - Advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as per Section 239 (2)(f) of the Municipal Act, 2001.
Moved by Councillor Broome, seconded by Councillor Simon
Carried
That the meeting be adjourned 4:38 PM.
Moved by Councillor Morrison, seconded by Councillor Kwapis
Carried
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: a. That the Corporation’s financial statements for the financial year ended December 31, 2020 together with the report of
Moved by Councillor Morrison, seconded by Councillor Broome
Referred
Councillor Vegh 1. That the Committee of the Whole resolve into Closed Session to discuss the following matter: a. Newmarket-Tay Power and ENVI 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.
Moved by Councillor Kwapis
Carried
1. That the Committee of the Whole resolve into Closed Session to discuss the following matters: a. Proposed Acquisition and Disposition of Land – Property in Ward 6 - 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. b. Vaccination Requirements/Policies - Advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as per Section 239 (2)(f) of the Municipal Act, 2001.
Moved by Councillor Broome, seconded by Councillor Simon
Carried

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