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COUNCIL

 

OF

 

THE REGIONAL MUNICIPALITY OF YORK

 

October 18, 2012

 

Regional Council met at 9:33 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:              Bevilacqua, Dawe, Emmerson, Grossi, Hackson, Pellegrini,

Scarpitti and Van Bynen 

           

Regional            Heath, Hogg, Jones, Landon, Li, Rosati, Schulte,

Councillor:         Spatafora, Taylor, and Wheeler

           

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

Macgregor, Mahoney and Urbanski

 

 

[The following links open the Report page and a .pdf file of the Bylaw]

 

156      DISCLOSURES

 

Expropriation, 2nd Concession, Town of East Gwillimbury

(Clause 4 of Finance and Administration Committee Report No. 9 and Bylaw 2012-74)

 

Mayor Hackson declared an interest in Clause 4 of Finance and Administration Committee Report No. 9 and Bill No. 74 (Bylaw 2012-74) as her residence is on the 2nd Concession, and she did not participate in the consideration or discussion of or vote on these items.

 

 

[The following link opens the Minutes page]

 

157      MINUTES

 

It was moved by Mayor Grossi, seconded by Mayor Hackson that Council confirm the Minutes of the Council meeting  held on September 20, 2012 in the form supplied to the Members.

Carried

 

 

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

 

COMMUNICATIONS

           

Council considered the following communications:

 

 

158      Restorative Justice Week 2012

 

It was moved by Regional Councillor Wheeler, seconded by Mayor Van Bynen that Council receive the communication dated September 20, 2012 from Don Head, Commissioner, Correctional Services Canada and recognize November 18 to 25 as Restorative Justice Week 2012.

Carried

 

 

159      York Region Gift of Life Association

 

It was moved by Mayor Emmerson, seconded by Mayor Hackson that Council receive the communication dated June 6, 2012 from Alyshia Van Veen, York Region Gift of Life Association and grant deputant status.

Carried

(See Minute No. 163.)

 

 

160      United Way of York Region

 

It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Landon that Council receive the communication dated September 6, 2012 from Vicky Norman, Executive Assistant, United Way York Region and grant deputant status for Daniele Zanotti, Chief Executive Officer, United Way of York Region.

Carried

(See Minute No. 164.)

 

 

161      Interest Arbitration Reform

 

It was moved by Mayor Grossi, seconded by Mayor Van Bynen that Council receive the communication from the Association of Municipalities of Ontario dated October 2, 2012, and refer it to consideration of Report No. 2 of the Regional Solicitor.

Carried

(See Minute No. 165.)

 

 

162      Regional Council Representation

 

John D. Leach, Director of Customer and Legislative Services/Town Clerk, Town of Aurora, July 23, 2012, regarding Regional Council representation

 

It was moved by Mayor Dawe, seconded by Regional Councillor Schulte that Council receive the communication and refer it to consideration of Report No. 2 of the Chief Administrative Officer and the proposed Motion.

Carried

(See Minute No. 165 and Minute No. 168.)

 

 

DEPUTATIONS

 

Council then heard the following deputations:

 

163      York Region Gift of Life Association

 

Alyshia Van Veen and Bruce Cuthbert, York Region Gift of Life Association, made a deputation. They indicated that more than 1,500 people in York Region are on waiting lists for organ donation and requested Regional Council participation and support for the organ donation drive.

 

It was moved by Mayor Emmerson, seconded by Mayor Grossi that Council receive the deputation and endorse and participate in the organ donor challenge and that York Region Corporate Communications staff work with the York Region Gift of Life Association to raise awareness and promote staff participation.

Carried

 

 

164      United Way of York Region's Social Infrastructure

 

Daniele Zanotti, Chief Executive Officer, United Way of York Region, brought Council up to date on the United Way of York Region's annual campaign. Part of the campaign is to emphasize that "local matters" and to raise an additional $2 million over five years to support local solutions in each of York Region's nine local municipalities. 

 

It was moved by Regional Councillor Taylor, seconded by Mayor Pellegrini that Council receive the deputation.

Carried 

 

 

165      COMMITTEE REPORTS

 

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

 

Report No. 2 of the Audit Committee

Report No. 8 of the Community and Health Services Committee

Report No. 8 of the Environmental Services Committee

Report No. 9 of the Finance and Administration Committee

Report No. 8 of the Planning and Economic Development Committee

Report No. 8 of the Transportation Services Committee

Report No. 2 of the Regional Solicitor

Report No. 2 of the Chief Administrative Officer

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 link opens the Report pages]

 

Report No. 2 of the Audit Committee

 

Report No. 8 of the Community and Health Services Committee

 

Report No. 8 of the Environmental Services Committee

 

Clause 6, Consultant Selection for Two 2-Way Revenue Water Meter Chambers on Leslie Street and Harry Walker Parkway, Towns of East Gwillimbury and Newmarket - Project 72490 was deferred to the December 13, 2012 Council meeting.

 

Report No. 9 of the Finance and Administration Committee

 

Report No. 8 of the Planning and Economic Development Committee

 

Report No. 8 of the Transportation Services Committee

 

Clause 4, Truck Prohibition Update, Nashville Road, City of Vaughan was adopted as amended:

 

1. Staff continue to monitor the heavy truck operation on Nashville Road and adjacent Regional roads between Highway 50 and Highway 27 and report back in October 2013.

 

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

 

Report No. 2 of the Regional Solicitor

 

Clause 1, Interest Arbitration Reform was adopted as amended:

 

1. Council adopt the following resolution in support of interest arbitration reform:

 

Whereas the Regional Municipality of York is pleased that both the Provincial Government and the Official Opposition have kept the issue of interest arbitration reform at the forefront of major policy discussions;

 

And whereas the Regional Municipality of York supports the overall intention of interest arbitration reform;

 

And whereas the Regional Municipality of York trusts that through further consultation these issues can be resolved;

 

And whereas the Regional Municipality of York is aware that the Association of Municipalities of Ontario (AMO) and the Emergency Services Steering Committee (ESSC) are reviewing these issues and look forward to further discussion and input;

 

Now therefore be it resolved that the Regional Municipality of York requests that the legislature work collectively in the best interests of Ontario municipalities and Ontario taxpayers on the important issue of interest arbitration reform.

 

Report No. 2 of the Chief Administrative Officer

 

(See Minute No. 168.)

 

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

Carried

 

           

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

 

166      BYLAWS

 

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

 

Bylaw No. 2012-70

A bylaw to amend Bylaw No. 2011-56 to regulate discharge of sewage, storm water and land drainage

 

Bylaw No. 2012-71

A bylaw to amend Bylaw No. R-1472-2007-086 to provide for restricted loads on certain Regional Roads

 

Bylaw No. 2012-72

To establish a public highway part of Langstaff Road, City of Vaughan

 

Bylaw No. 2012-73

To stop up and close a portion of Langstaff Road (Y.R. 72) in the City of Vaughan

           

Bylaw No. 2012-75

To stop up and close a portion of Yonge Street (Y.R. 1) in the Town of Aurora

              

Carried

           

Mayor Hackson declared an interest in Bylaw No. 2012-74, which was voted on separately and she did not participate in the vote.

 

Bylaw No. 2012-74

To acquire certain lands for or in connection with the widening and reconstruction of 2nd Concession Road (YR 34) from Green Lane East (YR 19) to Doane Road (YR 45), Town of East Gwillimbury

Carried

 

167      OTHER BUSINESS

 

Regional Chair Fisch congratulated Mayor Grossi on being appointed to the Association of Municipalities of Ontario Board of Directors for the single tier and regional caucus.

 

 

MOTION

 

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

 

168      Regional Council Representation

(Report No. 2 of the Chief Administrative Officer) 

 

It was moved by Mayor Emmerson, seconded by Mayor Dawe that Council adopt the following motion:

 

WHEREAS to change the composition of council in accordance with sections 218(5) and 218(7) of the Municipal Act a regional council must:

 

a) pass a resolution requesting the Minister of Municipal Affairs and Housing to enact a regulation to authorize the regional council to exercise the power to change the size of council, and

 

b) submit the resolution to the Minister

 

THEREFORE BE IT RESOLVED THAT:

 

1. The Council of the Regional Municipality of York requests the Minister of Municipal Affairs and Housing to enact a regulation that would authorize it to change the size of Regional Council to have five additional members one from each of the Town of Aurora, the Town of East Gwillimbury, the Township of King, the Town of Whitchurch-Stouffville and the City of Vaughan, and

 

2. The change in the size of Regional Council be in place for the 2014 election so as to be in effect on December 1, 2014.

 

A recorded vote on this motion was as follows:

 

For:                  Dawe, Emmerson, Grossi, Hackson, Li, Pellegrini, Wheeler (7)

 

Against:            Bevilacqua, Heath, Hogg, Jones, Landon, Rosati, Scarpitti,

Schulte, Spatafora, Taylor, Van Bynen (11)

Lost

 

 

It was moved by Mayor Bevilacqua, seconded by Regional Councillor Jones that the Council of the Regional Municipality of York request the Minister of Municipal Affairs and Housing to enact a regulation that would authorize it to change the size of Regional Council to have one additional member representing the City of Vaughan, effective December 1, 2014.

 

It was moved by Mayor Grossi, seconded by Mayor Van Bynen that the motion moved by Mayor Bevilacqua, seconded by Regional Councillor Jones be deferred until after a Council Education Session to be held on April 25, 2013 to educate Members of Council on options for the governance of York Region, including the introduction of a Committee of the Whole system.

 

A recorded vote on the deferral motion was as follows:

           

            For:                  Dawe, Emmerson, Grossi, Hackson, Hogg, Li, Pellegrini,   

                                    Spatafora, Taylor, Van Bynen, Wheeler (11)

 

            Against:            Bevilacqua, Heath, Landon, Rosati, Scarpitti, Schulte (6)

Carried

 

 

169      PRIVATE SESSION

 

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

 

1. Private Attachment -- Finance and Administration Committee -- Delegation of Authority during Summer Months -- Potential Litigation

 

2. Private Report of the Finance and Administration Committee -- Acquisition of Land, Emergency Medical Services, City of Markham -- Land Acquisition

 

3. Private Report of the Environmental Services Committee -- Waste Management Update -- Potential Litigation and Solicitor-Client Privilege

 

4. Private Report of the Community and Health Services Committee -- Investment in Affordable Housing for Ontario Program -- Rental Housing Component Allocation -- Security of Property and Proposed Acquisition of Land

 

5. Private Report of the Commissioner of Community and Health Services and the Commissioner of Corporate Services -- New Facility for Community and Health Services, City of Vaughan -- Proposed Acquisition of Land

 

6. Private Report of the Commissioner of Corporate Services and Verbal Update from President of York Region Rapid Transit Corporation -- Execution of Transfer Agreement and Acquisition of Additional Lands -- Vaughan Metropolitan Centre and Spadina Subway Extension -- Land Acquisition and Litigation

Carried

 

Council met in Private Session at 12:25 p.m. and reconvened in Council at 1:41 p.m.

 

It was moved by Mayor Hackson, seconded by Regional Councillor Landon that Council rise and report from Private Session.

Carried

 

[The following link opens the Report page]

 

170      Delegation of Authority during Summer Months

(Clause 10 of Finance and Administration Committee Report No. 9.)

 

It was moved by Regional Councillor Landon, seconded by Mayor Van Bynen that Council receive the private attachment relating to Clause 10 of Report No. 9 of the Finance and Administration Committee.

Carried

 

171      Emergency Medical Services Facility, City of Markham

 

It was moved by Mayor Scarpitti, seconded by Regional Councillor Heath that Council adopt the following recommendations in the private report, dated September 13, 2012 of the Finance and Administration Committee:

 

1. Council approve the purchase of an existing EMS facility located at 280 Church Street, City of Markham.

 

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

 

172      Waste Management Update  

 

It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Schulte that Council adopt the private direction to staff in the private report of the Environmental Services Committee dated October 10, 2012.

Carried

 

173      Investment in Affordable Housing for Ontario Program - Rental Housing Component Allocation

 

It was moved by Mayor Van Bynen, seconded by Regional Councillor Wheeler that Council adopt the following recommendations, as amended, in the private report, dated September 18, 2012 of the Community and Health Services Committee:

 

1. Council approve the allocation of funds from Years 2, 3 and 4 of the Investment in Affordable Housing Program's Rental Housing component to support development projects proposed by Housing York Inc.'s Belinda's Place, Ja'Fari Islamic Housing Corporation and DeafBlind Ontario Services.

 

2. The Commissioner of Community and Health Services be authorized to execute Contribution Agreements with housing providers as required under the Investment in Affordable Housing Program subject to the prior review of Legal Services.

 

3. The Commissioner of Community and Health Services be authorized to execute and register mortgages against the housing providers to secure the housing providers' obligations to maintain the affordability of Investment in Affordable Housing (IAH) units for a period of 20 years.

Carried

 

174      New Community and Health Services Facility, City of Vaughan

 

It was moved by Mayor Bevilacqua, seconded by Regional Councillor Rosati that Council adopt the following recommendations in the private report dated October 16, 2012 from the Commissioner of Community and Health Services and the Commissioner of Corporate Services:

 

1. Council authorize the purchase of land and a building of approximately 76,739 square feet located at 9060 Jane Street, in the City of Vaughan subject to the negotiation of an agreement of purchase and sale upon terms and conditions satisfactory to the Commissioner of Corporate Services.

 

2. Council authorize a vendor take-back mortgage to Casertano Development Corp. with interest at the rate of 2.8% per year in an amount not to exceed $29 million and that the Regional Chair and the Treasurer be authorized to sign the mortgage documents.

 

3. Council approve the addition of $51.2 million to the 2012 Capital Spending Authority for the purchase of this property and associated costs, and debt financing up to the same amount, not to exceed a 20 year term, and approve exercising the appropriate options relating to the vendor take-back mortgage.

 

4. The Commissioner of Corporate Services be authorized to sign the necessary agreements and documents to acquire the property and to award the contracts necessary to complete, fixture and furnish the building, subject to review by Legal Services and the Treasurer.

 

5. The Commissioner of Corporate Services be authorized to enter into a sole source contract with the vendor to complete and fixture the building if the Commissioner of Corporate Services considers that to do so is the most cost effective method of completing the project, subject to review by Legal Services and the Treasurer.

Carried

 

175      Vaughan Metropolitan Centre and Spadina Subway Extension

 

It was moved by Mayor Bevilacqua, seconded by Mayor Scarpitti that Council receive the private update and adopt the following recommendations in the private report dated October 17, 2012 from the Commissioner of Corporate Services:

 

1. Council authorize entering into a Transfer Agreement with Calloway REIT (Sevenbridge) Inc. ("SmartCentres") and the Toronto Transit Commission to govern the transfer of certain lands between the parties and certain business terms associated with the development of the Vaughan Metropolitan Centre, provided that the Transfer Agreement is in accordance with the terms as set out in this report.

 

2. Council authorize entering into an Escrow Agreement by which the documents relating to the various transactions in connection with the terminal will be held in escrow pending completion.

 

3. Council authorize the acquisition by the Region of the following additional lands from SmartCentres in connection with the development of the bus terminal:

 

(a)  Fee simple interest in Parts I, J, K and L on Attachment 1 to the private report; and

(b) Temporary interest in Part H on Attachment 1 to the private report.

 

4. Staff report back on the terms of a Bus Terminal Agreement upon conclusion of negotiations with the parties.

 

5. The Commissioner of Corporate Services be authorized to execute the Transfer Agreement and Escrow Agreement in accordance with the terms set out in the private report and execute all necessary documents to complete the transactions contemplated in the private report.

Carried

 

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

 

176      CONFIRMATORY BY-LAW

 

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

 

Bylaw No. 2012-76

To confirm the proceedings of Council at its meeting held on October 18, 2012.

Carried

 

The Council meeting adjourned at 1:49 p.m.

                       

                       

____________

Regional Clerk

           

           

Minutes confirmed and adopted at the meeting of Regional Council held on November 15, 2012.

           

           

____________

Regional Chair

 

 
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