________________________________________________

 

[The following link opens a .pdf file of this page]

Print version of Minutes

________________________________________________

 

 

 

COUNCIL

 

OF

 

THE REGIONAL MUNICIPALITY OF YORK

 

May 17, 2012

 

Regional Council met at 9:30 a.m. in the Council Chambers, York Region Administrative Centre, 17250 Yonge Street, Newmarket, with Regional Chair Fisch presiding.

 

The following were present at this Meeting:

 

Mayor:                          Barrow, Bevilacqua, Dawe, Emmerson, Grossi, Hackson,

Pellegrini, Scarpitti and Van Bynen 

           

Regional Councillor:        Di Biase, Heath, Jones, Landon, Li, Rosati, Schulte,

Spatafora, Taylor and Wheeler

           

Staff:                            Basso, Davidson, Hulton, Kurji, Llewellyn-Thomas, Macgregor,

Mahoney, Hughes and Urbanski

 

 

 

[The following links open the Minutes pages]

 

80        MINUTES

 

It was moved by Mayor Pellegrini, seconded by Regional Councillor Taylor that Council confirm the Minutes of the Council meetings held on April 19, 2012 and April 26, 2012 in the form supplied to the Members.

Carried

 

 

[The following links open .pdf  files of the Communications, and the Report pages]

 

COMMUNICATIONS

           

Council considered the following communications:

 

81        Water and Wastewater Capital Infrastructure Status Update

(Clause 3 of Environmental Services Committee Report No. 5)

 

It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Schulte that Council receive the communication dated May 9, 2012 from Erin Mahoney, Commissioner of Environmental Services and refer it to consideration of Clause 3 of Environmental Services Committee Report No. 5.

Carried

 

82        Character Community Week

 

It was moved by Mayor Barrow, seconded by Mayor Hackson that Council receive the communication dated May 3, 2012 from Karen Addison, Executive Director, Character Community Foundation of York Region and recognize October 22 to 27, 2012 as Character Community Week.

Carried

 

 

83        Ontario Human Rights Code Week

 

It was moved by Regional Councillor Heath, seconded by Regional Councillor Li that Council receive the communication dated May 2, 2012 from Barbara Hall, Chief Commissioner, Ontario Human Rights Commission and recognize June 11 to 15, 2012 as Ontario Human Rights Code Week.

Carried

 

 

84        York Region Pride Week

 

It was moved by Mayor Pellegrini, seconded by Regional Councillor Taylor that Council receive the communication dated April 12, 2012 from Linda Keith, President, PFLAG Canada -- York Region and recognize June 16 to 24, 2012 as York Region Pride Week.

Carried

 

 

85        Highway 404 Mid-block Crossings Study in Markham and Richmond Hill

(Clause 3 of Transportation Services Committee Report No. 5)

 

It was moved by Mayor Emmerson, seconded by Regional Councillor Landon that Council receive the communication dated May 2, 2012 from Susan Rosenthal, Professional Corporation, Davies Howe Partners, on behalf of Belmont (775377 Ontario Ltd.) and refer it to consideration of Clause 3 of Transportation Services Committee Report No. 5.

Carried

(See Minutes Nos. 90 and 92)

 

86        York Regional Development Charge Review

(Clause No. 1 of Finance and Administration Committee Report No. 6)

 

It was moved by Mayor Barrow, seconded by Mayor Van Bynen that Council receive the communication dated May 15, 2012 from Dennis Wood, Wood Bull LLP on behalf of SmartCentres and Calloway REIT ("SmartCentres / Calloway") and refer it to consideration of the Private Report of the Finance and Administration Committee on the 2012 Development Charge Bylaw.

Carried

 

87        Undergrounding of Hydro Lines on Highway 7, Town Centre Boulevard to Sciberras Road -- Town of Markham

(Clause 8 of Transportation Services Committee Report No. 5)

 

It was moved by Mayor Emmerson, seconded by Mayor Grossi that Council receive the communication dated May 16, 2012 from Paul Young and refer it to consideration of Clause 8 of Transportation Services Committee Report No. 5.

Carried

 

DEPUTATIONS

 

Council heard the following deputations:

 

88        Donation of Decommissioned Ambulances for 2012

(Clause 10 of Community and Health Services Committee Report No. 5)

 

Harry Harakh, President, Guyana Burn & Health Care Charitable Foundation.

 

It was moved by Regional Councillor Spatafora, seconded by Mayor Dawe that Council receive the deputation.

Carried

 

89        York Region Transit Mobility Plus Contract Award - Accessible Mini-Van and Sedan Operations

(Clause 7 of Transportation Services Committee Report No. 5)

 

Edmund Burt, BTS, regarding York Region Transit Mobility Plus Contract Award Accessible Mini-Van and Sedan Operations, who also filed a communication with Council.

 

It was moved by Mayor Emmerson, seconded by Regional Councillor Wheeler that Council receive the deputation and communication and refer them to private session.

Carried

 

 

90        COMMITTEE REPORTS

 

It was moved by Regional Councillor Taylor, seconded by Regional Councillor Wheeler that Council resolve itself into Committee of the Whole to consider the following reports:

 

Report No. 5 of the Community and Health Services Committee

Report No. 5 of the Environmental Services Committee

Report No. 5 of the Finance and Administration Committee

Report No. 5 of the Planning and Economic Development Committee

Report No. 5 of the Transportation Services Committee

Report No. 1 of the Regional Solicitor

Carried

 

Regional Chair Fisch chaired the Committee of the Whole.

 

The Committee of the Whole rose and recommended that Council adopt the recommendations in the following reports with amendments as noted:

 

[The following links open the Report pages]

 

Report No. 5 of the Community and Health Services Committee

 

Report No. 5 of the Environmental Services Committee

 

Clause 5, Consultant Selection for Inflow and Infiltration Audit and Flow Monitoring Program was referred to Council's Private Session for consideration.

 

(See Minute No. 98.)

 

Report No. 5 of the Finance and Administration Committee

 

Clause 2 -- see also Minutes Nos. 99 and 100.

 

Report No. 5 of the Planning and Economic Development Committee

 

Clause 1, Kennedy and Denison Centre -- Retail Business Holidays Act Application for Exemption -- see Minute No. 91 for recorded vote.

 

Report No. 5 of the Transportation Services Committee

 

Clause 3, Highway 404 Mid-Block Crossings Study in Markham and Richmond Hill - see Minute No. 92 for recorded votes.

 

Clause 7, York Region Transit Mobility Plus Contract Award -- Accessible Mini-Van and Sedan Operations was referred to Council's Private Session for consideration.

 

(See Minute No. 97.)

 

[The following link opens a .pdf file of the Report]

 

Report No. 1 of the Regional Solicitor

 

It was moved by Mayor Scarpitti, seconded by Regional Councillor Wheeler that Council adopt the recommendations of the Committee of the Whole with the exception of the items held out for  recorded votes in Minutes Nos. 91 and 92 below.

Carried

 

 

[The following links open the Report pages]

 

91        Kennedy and Denison Centre -- Retail Business Holidays Act Application for Exemption

(Clause 1 of Planning and Economic Development Committee Report No. 5)

 

A recorded vote on the adoption of Clause 1 of Planning and Economic Development Committee Report No. 5 was as follows:

 

For:                  Barrow, Bevilacqua, Dawe, Di Biase, Emmerson, Hackson, Heath, Jones, Li, Pellegrini, Rosati, Spatafora, Wheeler (13)

 

Against:            Grossi, Landon, Scarpitti, Schulte, Taylor, Van Bynen (6)

Carried

 

(See Minute No. 90.)

 

92        Highway 404 Mid-Block Crossings Study in Markham and Richmond Hill

(Clause 3 of Transportation Services Committee Report No. 5)

 

A recorded vote on the adoption of staff recommendation 1 in Clause 3 of Transportation Services Committee Report No. 5, as it pertains to the mid-block collector road crossing over Highway 404 between Major Mackenzie Drive and Elgin Mills Road, was as follows:

 

For:                  Barrow, Bevilacqua, Dawe, Di Biase, Emmerson, Heath, Pellegrini, Rosati, Schulte, Spatafora, Van Bynen, Wheeler (12)

 

Against:            Grossi, Hackson, Jones, Landon, Li, Scarpitti, Taylor (7)

Carried

 

A recorded vote on the adoption of the recommendations in Clause 3 of Transportation Services Committee Report No. 5, as they pertain to the mid-block collector road crossings over Highway 404 between Highway 7 and 16th Avenue, 16th Avenue and Major Mackenzie Drive and Elgin Mills Road and 19th Avenue, was as follows:

 

For:                  Barrow, Bevilacqua, Dawe, Di Biase, Emmerson, Grossi, Hackson, Heath, Landon, Pellegrini, Rosati, Scarpitti, Schulte, Spatafora, Taylor, Van Bynen, Wheeler (17)

 

Against:            Jones, Li (2)

Carried

 

 

93        BYLAWS

 

It was moved by Mayor Barrow, seconded by Regional Councillor Li that Council introduce and approve certain Bills in the form as noted on the Revised Agenda and enact them as Bylaws.

 

Bylaw No. 2012-34

A bylaw to amend Bylaw No. LI-8-95-76 to permit retail business establishments to be open on holidays

 

Bylaw No. 2012-35

A bylaw to amend Bylaw No. R-1232-2000-074, being a bylaw regulating signs on regional roads

 

Bylaw No. 2012-37

To acquire certain lands for or in connection with the widening and reconstruction of Warden Avenue (YR 65), Town of Markham

 

Bylaw No. 2012-38

To acquire certain lands for or in connection with the widening and reconstruction of Ninth Line (YR 69), Town of Whitchurch-Stouffville

 

Carried

           

 

OTHER BUSINESS

 

94        Special Council Meeting -- May 24, 2012 -- 9:30 a.m.

 

Regional Chair Fisch indicated that he would be calling a Special Council Meeting for Thursday, May 24, 2012 beginning at 9:30 a.m., pertaining to transit and social and health services facilities in Vaughan and Richmond Hill

 

95        Council Education Session -- May 24, 2012 -- 10:30 a.m.

 

Council agreed to the introduction of the following by a two-thirds majority.

 

It was moved by Mayor Barrow, seconded by Mayor Van Bynen, that:

 

1. Regional Council hold a meeting that is closed to the public pursuant to section 239 (3.1) of the Municipal Act for the purpose of educating its Members on matters pertaining to representation on Regional Council and the Rouge Park.

 

2. The meeting be held in the Seminar Room of the Regional Administrative Centre on Thursday, May 24, 2012 beginning at 10:30 a.m.

Carried

 

 

96        PRIVATE SESSION

 

It was moved by Regional Councillor Landon, seconded by Mayor Dawe that Council convene in Private Session for the purpose of considering the following:

 

1. Private Report of the Finance and Administration Committee and Memoranda from the Commissioner of Finance and the Senior Counsel-- 2012 Development Charge Bylaw -- Solicitor-Client Privilege   

 

(See Minutes Nos. 99 and 100)

 

2. Private Memorandum from the Commissioner of Corporate Services and Revised Private Attachment to Clause 10 of Finance and Administration Committee Report No. 5 -- Expropriation Settlement -- Davis Drive, VIVA Project 90991, Town of Newmarket -- Land Acquisition

 

3. Clause 5 of Environmental Services Committee Report No. 5, Consultant Selection for Inflow and Infiltration Audit and Flow Monitoring Program -- Solicitor-Client Privilege

 

4. Clause 7 of Report Transportation Services Committee No. 5, York Region Transit Mobility Plus Contract Award -- Accessible Mini-Van and Sedan Operations -- Solicitor-Client Privilege

Carried

 

Council met in Private Session at 11:56 a.m. and reconvened in Council at 12:31 p.m.

 

It was moved by Mayor Van Bynen, seconded by Regional Councillor Schulte that Council rise and report from Private Session.

Carried

 

 

[The following links open the Report pages]

 

97        York Region Transit Mobility Plus Contract Award -- Accessible Mini-Van and Sedan Operations

(Clause 7 of Transportation Services Committee Report No. 5)

 

It was moved by Mayor Emmerson, seconded by Regional Councillor Heath that Council adopt the recommendations in Clause 7 of Transportation Services Committee Report No. 5.

Carried

 

98        Consultant Selection for Inflow and Infiltration Audit and Flow Monitoring Program

(Clause 5 of Environmental Services Committee Report No. 5)

 

It was moved by Regional Councillor Schulte, seconded by Regional Councillor Heath that Council adopt the recommendations in Clause 5 of Environmental Services Committee Report No. 5.

Carried

 

 

99        2012 Development Charge Bylaw

(Clause 1 of Finance and Administration Committee Report No. 6)

 

It was moved by Mayor Barrow, seconded by Mayor Van Bynen that Council:

 

1. Receive the confidential memorandum from Senior Counsel dated May 10, 2012, and the memorandum dated May 17, 2012 from the Commissioner of Finance;

 

2. Approve the amendment of Finance and Administration Committee Report No. 6 as per the technical amendment to section 4 of the staff report referred to in the memorandum dated May 17, 2012 from the Commissioner of Finance; and

 

3. Adopt Clause 1 of Finance and Administration Committee Report No. 6, dated May 1, 2012, including the following recommendations:

 

1. Regional Council approve the adoption of a Development Charge Bylaw incorporating the policies and rates set out in the DC Background Study, as revised in this report, with an effective date of June 18, 2012.

 

2. The existing area-specific sewer development charge continue to remain in effect for Nobleton and that the costs of sewer works in Nobleton be excluded from the calculation of the Region-wide sewer charges.

 

3. The existing demolition and conversion redevelopment credit policy for residential buildings be revised to include a provision for "derelict structures" to be extended for an additional 72 months provided that the structure is deemed "derelict" by the relevant area municipal Council.  Credits are to be provided on a declining basis as outlined in Table 1.   

 

4. Regional Council endorse the proposed settlement based on the exchange of letters in Private Attachment 1 with Building Industry and Land Development Association (BILD) regarding the 2012 Development Charge Bylaw update, as outlined in this report with the following key elements:

 

a. Regional Council approve the new option for the payment of hard service development charges for residential subdivisions in accordance with the terms and conditions outlined in this report and subject to execution of the minutes of settlement referred to in recommendation 6.

 

b. Regional Council approve the new prepayment option for developers of residential in-fill, high-rise and non-residential developments as outlined in this report to take effect on May 17, 2012 and revoke the existing prepayment option effective June 18, 2012.

 

c. The proposed threshold for large apartments of 700 square feet or more be in effect until June 17, 2014, with the threshold changing to 650 square feet or more for the remaining term of the bylaw.

 

d. The new Development Charge credit policy be deferred and that staff report back to Regional Council in the fall of 2012 regarding the Development Charge credit policy and the existing Development Charge Credit Roadworks Policy in consultation with stakeholders. 

 

5. Staff be authorized to take all necessary steps required to make adjustments to the Background Study to incorporate all the information and rates contained in this report.  

 

6. Regional Council authorize the Regional Chair and the Regional Solicitor to execute the minutes of settlement between the Region and BILD substantially in the form attached as Attachment 2.

 

7. Regional Council determine that no further public meeting is required pursuant to the Development Charges Act, 1997.

 

8. The Regional Solicitor be directed to prepare the necessary bylaw for adoption at the May, 17, 2012 Council meeting.

 

9. Notice of the adoption of this bylaw be given as required under the Development Charges Act, 1997.

 

10. This report be circulated to the area municipalities within York Region for information purposes.

 

11. Regional staff be authorized to attend at the Ontario Municipal Board or the courts, as appropriate, to defend the Region's position if the Development Charge Bylaw is appealed to either of those adjudicative bodies, and

 

12. Regional Council authorize the execution of Minutes of Settlement by the Regional Chair and the Regional Solicitor, to resolve any appeals to the Development Charge Bylaw.

 

Clause 1 of Finance and Administration Committee Report No. 6 and the Minutes of Settlement with BILD, referred to in recommendation 6, be made public but all other attachments remain private.

 

Carried

 

100      It was also moved by Mayor Barrow, seconded by Mayor Van Bynen that Council approve revised Bill No. 36 and enact Development Charge Bylaw No. 2012-36.

Carried

 

 

101      Expropriation Settlement -- Davis Drive, VIVA Project 90991 -- Town of Newmarket        

 

It was moved by Mayor Barrow, seconded by Mayor Van Bynen that Council receive the confidential memorandum from the Commissioner of Corporate Services dated May 15, 2012 and receive the revised private attachment to Clause 10, Report No. 5 of the Finance and Administration Committee.

Carried

 

[The following link opens a .pdf file of the Bylaw]

 

102      CONFIRMATORY BYLAW

 

It was moved by Mayor Grossi, seconded by Mayor Bevilacqua that Council enact the following bylaw to confirm the proceedings of this meeting of Council.

 

Bylaw No. 2012-39

To confirm the proceedings of Council at its meeting held on May 17, 2012.

Carried

 

 

 

The Council meeting adjourned at 12:44 p.m.

                       

                       

                       

____________

Regional Clerk

           

           

Minutes confirmed and adopted at the meeting of Regional Council held on June 28, 2012.

           

           

           

____________

Regional Chair

 

 
Back to top