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COUNCIL

 

OF

 

THE REGIONAL MUNICIPALITY OF YORK

 

November 15, 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            Di Biase, Heath, Landon, Li, Rosati, Schulte, Spatafora,

Councillor:         Taylor, and Wheeler

           

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

Macgregor, Mahoney and Urbanski

 

_______________________________________________________________________________

 

 

[The following link opens the Minutes page]

 

177      MINUTES

 

It was moved by Regional Councillor Heath, seconded by Regional Councillor Li that Council confirm the Minutes of the Council meeting held on October 18, 2012 in the form supplied to the Members.

Carried

 

 

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

 

PRESENTATION

 

Council received the following presentation:

 

178      2013 Draft Budget and 2014 Budget Outlook 

 

Bill Hughes, Commissioner of Finance, provided Council with an overview of the draft operating and capital business plan and budget for 2013 and the budget outlook for 2014. This is the first year that the Region is engaging in multi-year budgeting.

 

The draft 2013 budget currently provides for a total operating component of $1.726 billion, a net operating component of $859 million, a capital component of $1.221 billion and capital spending authority of $3.082 million. This would result in a tax levy increase of 1.94% for 2013, subject to review by Committees and Council.

 

Mr. Hughes also provided Council with an outlook for the operating and capital budgets for 2014.  The outlook for 2014 proposes a tax levy increase of 1.75% with a total operating budget of $1.829 Billion, a net operating component of $891.2 million, a capital component of $1.291 billion and incremental capital spending authority of $343 million. This would also be subject to review by Committees and Council as part of the annual budget process.

 

Mr. Hughes then provided Council with an overview of the Region's current fiscal environment, debt management and reserves.

 

The 2013 draft business plan and budget and 2014 budget outlook will be considered by the Region's Standing Committees in November and December 2012. They are scheduled to be considered by Regional Council on January 24, 2013.

 

It was moved by Mayor Barrow, seconded by Mayor Van Bynen that Council receive the presentation and adopt the scheduled review process included in slide 57 of the presentation.

Carried

 

 

[The following links open the Report pages]

 

179      COMMITTEE REPORTS

 

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

 

Report No. 9 of the Community and Health Services Committee

Report No. 2 of the Debenture Committee

Report No. 9 of the Environmental Services Committee

Report No. 10 of the Finance and Administration Committee

Report No. 9 of the Transportation Services Committee

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:

 

Report No. 9 of the Community and Health Services Committee

 

Report No. 2 of the Debenture Committee

 

Report No. 9 of the Environmental Services Committee

 

Report No. 10 of the Finance and Administration Committee

 

Clause 3 -- Compensation for Expropriation, Reconstruction and Reconnection of Bathurst Street, Town of East Gwillimbury and Township of King was deferred until after Private Session to allow for consideration of the private memorandum from the Commissioner of Corporate Services, dated November 14, 2012 -- see Minute No. 191.

 

Clause 5 re. Development Charges Complaint Hearing -- see Minute No. 185.

 

Report No. 9 of the Transportation Services Committee

 

Clause 6 re. York Region Transit VIVA LCD Advertising Screens Operation and Maintenance Contract Termination -- see Minutes Nos. 187 and 188.

 

Clause 10, Item 5 re. Parking and Stopping Prohibition on 16th Avenue -- see Minute No.180 for Bylaw.

 

It was moved by Mayor Scarpitti, seconded by Regional Councillor Landon that Council adopt the recommendations of the Committee of the Whole.

Carried

 

[The following links open .pdf files of the Bylaws]

 

180      BYLAWS

 

It was moved by Mayor Bevilacqua, seconded by Mayor Hackson that Council introduce and approve certain Bills in the form as noted on the Revised Agenda and enact them as Bylaws subject to Bill No. 77 (Bylaw No. 2012-77) being amended so that it prohibits stopping on 16th Avenue:

 

Bylaw No. 2012-77

To amend Bylaw No. R-1102-96-100 to prohibit or regulate stopping on Regional Roads (16th Avenue in the City of Markham)

 

Bylaw No. 2012-78        

A Bylaw to authorize the borrowing upon serial debentures in the principal amount of $22,446,975.00 towards the cost of certain capital works of The Corporation of the City Of Vaughan

 

            Carried

 

 

181      PRIVATE SESSION

 

It was moved by Mayor Emmerson, seconded by Mayor Barrow that Council convene in Private Session for the purpose of considering the following:

 

1. Private Report of the Environmental Services Committee -- External Water, Wastewater and Waste Management Facility Audits -- Solicitor-Client Privilege

 

2. Private Report of the Environmental Services Committee -- The Regional Municipality of York and Local Water Distribution Systems -- Security of Municipal Property

 

3. Private Report of the Finance and Administration Committee -- CUPE 905 Negotiations Mandate -- Labour Relations

 

4. Private Report of the Finance and Administration Committee -- Development Charge Complaint, Development Charge Rates for W. J. Shanahan Limited, Automotive Dealership -- Solicitor-Client Privilege

 

5. Private Report of the Transportation Services Committee -- Acquisition of Property, North Transit Operations and Maintenance Facility -- Proposed Acquisition of Land

 

6. Private Report of the Transportation Services Committee -- Termination of York Region Transit Viva LCD Advertising Screens Contract -- Litigation or Potential Litigation and Solicitor-Client Privilege

 

7. Private Attachment -- Clause 6 of Transportation Services Committee Report No.9 -- York Region Transit Viva LCD Advertising Screens Operation and Maintenance Contract Termination -- Litigation or Potential Litigation and Solicitor-Client Privilege

 

8. Private Report of the Transportation Services Committee -- Construction Services Cost Increase for Additional Site Remediation Work on Bathurst Street, North of Bloomington Road, Township of King -- Litigation or Potential Litigation

 

9. Private Report of the Commissioner of Transportation and Community Planning -- Request to Amend the Official Plan of the Town of Whitchurch-Stouffville and Referral "E" to the York Region Official Plan (1994) -- Litigation

 

10. Private Memorandum from Commissioner of Corporate Services regarding Clause 3 of Report 10 of the Finance and Administration Committee -- Compensation for Expropriation, Reconstruction and Reconnection of Bathurst Street, Town of East Gwillimbury and Township of King -- Land Acquisition

Carried

 

Council met in Private Session at 11:48 a.m. and reconvened in Council at 12:50 p.m.

 

It was moved by Mayor Emmerson, seconded by Mayor Barrow that Council rise and report from Private Session.

Carried

 

 

182      External Water, Wastewater and Waste Management Facility Audits

 

It was moved by Regional Councillor Taylor, seconded by Regional Councillor Heath that Council receive the private report of the Environmental Services Committee dated November 7, 2012.

Carried

 

 

183      The Regional Municipality of York and Local Water Distribution Systems

 

It was moved by Mayor Bevilacqua, seconded by Mayor Hackson that Council adopt the recommendations contained in the private report of the Environmental Services Committee dated November 7, 2012, as follows:

           

1. In order to advance the finalization of a Service Level Agreement and Co-Management Agreement with the Towns of Newmarket and East Gwillimbury, Council authorize:

i. a one time 50 per cent reduction in billing for measured and/or estimated water used for the purposes of system flushing in the Yonge Street and Green Lane area and the central pressure zone in 2010, 2011 and 2012

ii. a one time 100 per cent reduction in billing of calculated wastewater charges that are based on water flows used for the purposes of system flushing in the Yonge Street and Green Lane area and the central pressure zone in 2010, 2011 and 2012

 

2. The Regional Chair and Regional Clerk be authorized to execute the necessary agreements with the Towns of Newmarket and East Gwillimbury for collaborative management and operation of the water distribution system in the Towns of Newmarket and East Gwillimbury after approval of the form and content of the necessary agreements by the Regional Solicitor.

Carried

 

 

184      CUPE 905 Negotiations Mandate

 

It was moved by Mayor Grossi, seconded by Mayor Scarpitti that Council adopt the direction in the private report of the Finance and Administration Committee dated November 1, 2012, as amended.

Carried

 

 

185      Development Charge Complaint, Development Charge Rate for W.J. Shanahan Limited, Automotive Dealership

(Clause 5 of Finance and Administration Committee Report No. 10)

 

It was moved by Mayor Grossi, seconded by Mayor Van Bynen that Council adopt the recommendations contained in the private report of the Finance and Administration Committee dated November 1, 2012, as follows:

 

1. Council dismiss the development charge complaint lodged by W.J. Shanahan Limited.

 

2. Council authorize staff to defend the development charge complaint at the Ontario Municipal Board should W.J. Shanahan Limited appeal Council's decision.

 

3. Should W.J. Shanahan appeal the decision of Council to the Ontario Municipal Board, Council authorize the Commissioner of Finance to settle the development charge complaint and execute Minutes of Settlement.

Carried

(See Minute No. 179.)

 

 

186      Acquisition of Property, North Transit Operations and Maintenance Facility

 

It was moved by Regional Councillor Wheeler, seconded by Mayor Barrow that Council adopt the recommendations contained in the private report of the Transportation Services Committee dated October 31, 2012, as follows:

 

1. Council authorize the acquisition of the existing Metrolinx (GO Transit) operations and maintenance facility at 18110 Yonge Street, Newmarket for operation of York Region Transit (YRT)/Viva transit services in the northern area of York Region, and that the agreement for its purchase be accepted as outlined in this report.

 

2. The Commissioner of Corporate Services be authorized to execute the agreement of purchase and sale and all necessary documents to complete the transaction.

Carried

 

 

187      York Region Transit Viva LCD Advertising Screens Contract

(Clause 6 of Transportation Services Committee Report No. 9)

 

It was moved by Mayor Emmerson, seconded by Regional Councillor Di Biase  that Council receive the private report of the Transportation Services Committee dated October 31, 2012.

Carried

(See Minute No. 179.)

 

 

188      York Region Transit Viva LCD Advertising Screens Operation and Maintenance

(Clause 6 of Transportation Services Committee Report No. 9)

 

It was moved by Mayor Dawe, seconded by Mayor van Bynen that Council receive the private attachment.

Carried

(See Minute No. 179.)

 

 

189      Remediation Work on Bathurst Street, North of Bloomington Road, Township of King

 

It was moved by Mayor Emmerson, seconded by Mayor Bevilacqua that Council adopt the recommendation contained in the private report of the Transportation Services Committee dated October 31, 2012, as follows:

 

1. Council authorize an increase in Blanket Purchase Order Number BB00013838, issued to Brock and Sons Construction Limited for construction services, from $55,690 to $421,009, excluding HST, for additional site grading and material disposal in excess of the scope change allowance in the Purchasing By-law.

Carried

 

 

190      Amendment to Town of Whitchurch-Stouffville Official Plan and Referral "E" to the York Region Official Plan (1994)

 

It was moved by Mayor Emmerson, seconded by Regional Councillor Wheeler that Council adopt the recommendations contained in the private report of the Commissioner of Transportation and Community Planning dated November 8, 2012, as amended, as follows:

 

1. The Ontario Municipal Board be advised that York Region does not support the approval of the private amendment to the Whitchurch-Stouffville Official Plan by Nugget Construction Co. Ltd., the related appeal to the Regional Official Plan (1994) identified as Referral 'E', the related site specific appeal to the Whitchurch-Stouffville Official Plan (Official Plan Amendment No. 109), proposed plan of subdivision 19T-94009, related proposed zoning bylaw amendment, and site specific appeal to the Town of Whitchurch-Stouffville's comprehensive zoning bylaw. York Region supports the land use designation and policy permissions as set out in the applicable Provincial Plans and Regional Official Plan.

 

2. Regional Staff be authorized to appear before the Ontario Municipal Board in support of the Region's position.

 

3. Regional staff be authorized to settle this matter, on terms and conditions satisfactory to the Commissioner of Transportation and Community Planning, and the Regional Solicitor be authorized to execute Minutes of Settlement, if necessary.

 

4. The Regional Clerk circulate a copy of this report to the Clerk of the Town of Whitchurch-Stouffville.

Carried

 

 

191      Compensation for Expropriation, Reconstruction and Reconnection of Bathurst Street, Town of East Gwillimbury and Township of King

(Clause 3 of Finance and Administration Committee Report No. 10)

 

It was moved by Mayor Barrow, seconded by Mayor van Bynen that Council receive the private memorandum from the Commissioner of Corporate Services dated November 14, 2012, as amended, and adopt the recommendations in Clause 3 of Finance and Administration Committee Report No. 10 dated November 1, 2012, as amended.

 

Carried

(See Minute No. 179.)

 

 

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

 

192      CONFIRMATORY BY-LAW

 

It was moved by Regional Councillor Schulte, seconded by Regional Councillor Wheeler that Council enact the following bylaw to confirm the proceedings of this meeting of Council.

 

Bylaw No. 2012-79        

To confirm the proceedings of Council at its meeting held on November 15, 2012.

Carried

 

The Council meeting adjourned at 12:55 p.m.

                       

                       

                       

Denis Kelly

Regional Clerk

           

           

Minutes confirmed and adopted at the meeting of Regional Council held on December 13, 2012.

           

           

           

Bill Fisch

Regional Chair

 

 
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