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THE REGIONAL MUNICPALITY OF YORK

 

REPORT NO. 2

OF THE COMMITTEE OF THE WHOLE

MEETING HELD ON SEPTEMBER 19, 2013

 

For Consideration by

The Council of The Regional Municipality of York

on September 26, 2013

 

 

 

 

The Committee of the Whole meeting was called to order at 9:33 a.m. on September 19, 2013 with Regional Chair Fisch in the chair.

 

The following were also in attendance:

 

Members        

D. Barrow, M. Bevilacqua, G. Dawe, M. Di Biase, W. Emmerson, R. Grossi, V. Hackson, J. Heath, J. Jones, G. Landon, J. Li, S. Pellegrini, D. Schulte, V. Spatafora, J. Taylor, T. Van Bynen, D. Wheeler

 

Staff   

D. Basso, L. Bigioni, B. Bloxam, P. Casey, L. Cugalj, J. Davidson, B. Hughes, J. Hulton, D. Kelly, D. Kostopoulos, D. Kuzmyk, R. Leary, B. Macgregor, E. Mahoney, W. Marshall, R. Masad, L. McDowell, K. Strueby, G. Szobel, B. Titherington, E. Wilson, K. Whitney

 

 

 

 

TABLE OF CONTENTS

 

Development Charges Complaint Hearing

 

Finance and Administration Items

 

Private Session

 

Environmental Services Items

 


STATUTORY PUBLIC MEETING

 

 

[The following links open .pdf files of the Deputation and Communication]

 

1.            DEVELOPMENT CHARGES COMPLAINT HEARING

 

Committee of the Whole held a public hearing on September 19, 2013, pursuant to the Development Charges Act, to consider a complaint regarding Development Charges payable by H&W Development Corp., Condominium Development at South Town Centre Blvd. & Clegg Road, City of Markham and recommends:

 

1.       Receipt of the deputation by John Mascarin, Aird & Berlis

 

2.       Receipt of the communication from John Mascarin, Aird & Berlis, dated March 22, 2013

 

(see also Clause 3)

 

 

REGULAR MEETING

 

 

FINANCE AND ADMINISTRATION

 

 

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

 

2.            2012 DEVELOPMENT CHARGE BYLAW DEVELOPMENT CHARGE PREPAYMENT AGREEMENTS REQUESTS FOR SPECIAL CONSIDERATION

 

Committee of the Whole recommends:

 

1.       Receipt of the following deputations:

 

a)   Antonio Conte, Solicitor, A. Conte Professional Corporation, Barrister and Solicitor, regarding Briarwood Estates

 

b)   Clay Leibel regarding Forest Bay Homes

 

c)   Stephen Hunt, Prinicipal, Hunt Design Associates Inc. regarding Mekara Investments

 

d)   Olivia Muzzo, Pemberton Group, regarding Tralee Development Inc.

 

e)   Michael Larkin, Larkin & Associates regarding Ardree Management Inc.

 

f)    Gennaro DiSanto, President, 2149629 Ontario Inc., regarding Genview Homes

 

g)   Barry A. Horosko, Brattys LLP, Barristers and Solicitors, regarding Allegra on Woodstream Inc.

 

h)   Anthony J. Potestio, Potestio Law, regarding Maple Lane Lands & Development Co. Ltd., Subdivision Coon's Road, Richmond Hill

 

(see also Clause 4)

 

 

PRIVATE SESSION

 

Committee of the Whole resolved into private session at 11:24 a.m. to consider the following:

 

1. Development Charge Complaint, Development Charge Rates for H&W Development Corp., City of Markham Solicitor-Client Privilege and Potential Litigation

 

2. 2012 Development Charge By-law Development Charge Prepayment Agreements Requests for Special Consideration Solicitor-Client Privilege

 

Regional Chair Fisch chaired the Private Session of Committee of the Whole.

 

Committee of the Whole recessed at 12:20 p.m.

 

Committee of the Whole resumed in public session at 1 p.m. to further consider the two items referred to above and the remainder of the items on its agenda.

 

3.         DEVELOPMENT CHARGES COMPLAINT HEARING (continued)

 

Gabe Szobel, Senior Counsel addressed Committee regarding the Development Charges Complaint.

 

John Mascarin responded on behalf of H&W Development Corp.

 

Committee of the Whole concluded the public hearing regarding development charge rates payable by H&W Development Corp. and recommends adoption of the recommendations contained in the private report dated August 22, 2013 from the Commissioner of Finance. 

 

(See Clause 1)

 

The Committee's recommendations will be forwarded for consideration to Council's Private Session on September 26, 2013.

 

 

FINANCE AND ADMINISTRATION (continued)

 

Mayor Barrow chaired the Finance and Administration section of Committee of the Whole.

 

 

[The following links open .pdf files of the Reports including Attachments and of the Communications]

 

4.            2012 DEVELOPMENT CHARGE BYLAW DEVELOPMENT CHARGE PREPAYMENT AGREEMENTS REQUESTS FOR SPECIAL CONSIDERATION 

         (continued)
 

Committee of the Whole recommends:

 

1.       Receipt of the following communications and referral to consideration of the report from the Commissioner of Finance:

 

a)      Antonio Conte, Solicitor, A. Conte Professional Corporation, Barrister and Solicitor, dated July 5, 2013 regarding Briarwood Estates

 

b)      Joseph Martinello, Martinello & Associates, dated August 21, 2013 regarding Gladebrook Developments Inc.

 

c)       Anthony J. Potestio, Potestio Law, dated September 17, 2013 regarding Maple Lane Lands & Development Co. Ltd., Subdivision Coon's Road, Richmond Hill

 

d)      Olivia Muzzo, Pemberton Group, dated September 18, 2013 regarding Tralee Development Inc.

 

e)   Barry A. Horosko, Brattys LLP, Barristers and Solicitors, dated September 18, 2013 regarding Allegra on Woodstream Inc.

 

f)    Patrick O'Hanlon, President, Kylemore Communities, dated September 18, 2013 regarding Kylemore Communities (West Village) Ltd./Angus Glen Village Ltd.

 

2.       Adoption of the following recommendations contained in the report dated August 29, 2013 from Commissioner of Finance:

 

1.       Council not approve the requests for special consideration received from: Gladebrook Developments Inc., 2149629 Ontario Inc., Maple Lane Lands and Development Co. Ltd., Briarwood Estates (Markham) Ltd., Ardree Management Inc., Angus Glen Developments, Tralee Development Inc., Forest Bay Homes, Mekara Investments Inc. and Woodstream (Allegra).

 

2.       Regional staff be authorized to defend any action that may be brought to any adjudicative body as a result of the Region's decision to not approve the requests for special consideration in Recommendation 1.

 

3.       Council authorize the execution of Minutes of Settlement by the Regional Chair and the Regional Solicitor to resolve any appeals.

 

(See also Clause 2)

 

 

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

 

5.            COMMUNICATIONS FINANCE AND ADMINISTRATION

 

Committee of the Whole recommends:

 

1.       Receipt of the communication from the Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, dated August 1, 2013 regarding 'Regional Council Representation'

 

2.       Receipt of the following communications regarding 'Region of York Consolidated Fire Services':

 

a)      John D. Leach, Director of Customer and Legislative Services/Town Clerk, Town of Aurora, dated March 27, 2013

 

b)      Lisa Lyons, Deputy Clerk, Town of Newmarket, dated April 2, 2013                                          

 

c)       Jeffrey A. Abrams, City Clerk, City of Vaughan, dated April 29, 2013

 

d)      Yvonne Aubichon, Town Clerk, Town of Georgina, dated May 9, 2013

 

e)      Donna McLarty, Town Clerk, Town of Richmond Hill, dated May 31, 2013

 

f)        Fernando Lamanna, Town Clerk, Town of East Gwillimbury, dated June 20, 2013

 

g)      Kimberley Kitteringham, City Clerk, City of Markham, dated August 19, 2013

 

 

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

 

6.          CONTRACT AWARDS REPORT JANUARY 1, 2013 - MARCH 31, 2013

 

Committee of the Whole recommends adoption of the following recommendation contained in the report dated August 28, 2013 from the Commissioner of Finance:

 

1.   This report be received for information.

 

 

7.          APPLICATION FOR APPROVAL TO EXPROPRIATE WIDENING AND RECONSTRUCTION OF BAYVIEW AVENUE, TOWN OF RICHMOND HILL

 

Committee of the Whole recommends adoption of the following recommendations contained in the report dated August 23, 2013 from the Commissioner of Corporate Services:

1.          Council authorize an application for approval to expropriate the following lands within the Town of Richmond Hill:

No.

Municipal Address

Legal Description

Interest Required

1

Northeast quadrant of Bayview Avenue & Elgin Mills Road

Part 1 on Plan 65R33989

Part 2 on Plan 65R33989

Fee Simple

Temporary Easement

2

11221 Bayview Avenue

Part 15 on Plan 65R33990

Part 16 on Plan 65R33990

Part 17 on Plan 65R33990

Fee Simple 

Fee Simple    

Temporary Easement

3

11353 Bayview Avenue

Part 19 on Plan 65R33991

Part 20 on Plan 65R33991

Part 21 on Plan 65R33991

Fee Simple 

Fee Simple 

Temporary Easement

4

West side of Bayview Avenue, North of Elgin Mills Road

Part 3 on Plan 65R34133

Part 4 on Plan 65R34133

Temporary Easement

Fee Simple   

5

West side of Bayview Avenue, North of Elgin Mills Road

Part 6 on Plan 65R34133

Temporary Easement

6

Northwest quadrant of Bayview Avenue and 19th Avenue, North of the railway tracks

Part 1 on Plan 65R34134

Part 2 on Plan 65R34134

Temporary Easement

Fee Simple 

7

5 Glen Meadow Lane

Part 3 on Plan 65R34134

Part 4 on Plan 65R34134

Fee Simple 

Temporary Easement

8

Northeast quadrant of Bayview Avenue at 19th Avenue

Part 5 on Plan 65R34134

Part 6 on Plan 65R34134

Fee Simple 

Temporary Easement

9

752 19th Avenue

Part 7 on Plan 65R34134

Fee Simple

The temporary easements are required for the purpose of grading and construction and will run from December 1, 2013 to November 30, 2018.   

2.             The Commissioner of Corporate Services be authorized to execute the Application for Approval to Expropriate Land and the Notice of Application for Approval to Expropriate Land (the "Notice") and to serve and publish the Notice as required under the Expropriations Act (the "Act").

 

3.             The Commissioner of Corporate Services be authorized to forward to the Chief Inquiry Officer any requests for an inquiry that are received and to represent the Region as necessary at an inquiry held under the Act.

 

4.             Council authorize the introduction of the necessary bylaws to give effect to these recommendations.

 

 

8.          APPLICATION FOR APPROVAL TO EXPROPRIATE DAVIS DRIVE (D1) VIVANEXT PROJECT 90991, TOWN OF NEWMARKET

 

Committee of the Whole recommends adoption of the following recommendations contained in the report dated August 20, 2013 from the Commissioner of Corporate Services:

 

1.       Council authorize applications for approval to expropriate the following lands within the Town of Newmarket.

 

No.

Owner

Municipal Address

Legal Description

Interest Required

1

Har-Jo Management Services Canada Ltd.

390 Davis Drive

Part of Lots 16, 17 & 18, South Side of Huron Street, Registered Plan 78, Town of Newmarket, designated as Parts 1, 2 and 3 on Plan 65R-34382

Temporary Easement

2

Bonseph (Tannery) Ltd.

447 Davis Drive

Part of Lots 12, 13, 14 and E, North Side of Huron Street, Registered Plan 78, Town of Newmarket, designated as Parts 1 and 2 on Plan 65R-34384

Temporary Easement

3

Bonseph (Tannery) Ltd.

465 Davis Drive

Part of Block D, Registered Plan 78, Town of Newmarket, designated as Parts 1, 2, 3, 4 and 5 on Plan 65R-34386

Temporary Easement

4

Yorkregionrealty.com Inc.

615 Davis Drive

Part of Lot 7 North of Huron Street, Registered Plan 56, Town of Newmarket, designated as Part 1 on Plan 65R-34385

Temporary Easement

5

2229677 Ontario Inc.

693 Davis Drive

Part of Lot 1, Concession 2, Geographic Township of East Gwillimbury, Town of Newmarket, designated as Part 1 on Plan 65R-34381

Temporary Easement

6

Platinum Property Investments Inc.

721-743 Davis Drive

Part of Lot 1, Concession 2, Geographic Township of East Gwillimbury, Town of Newmarket, designated as Part 1 on Plan 65R-34383

Temporary Easement

7

Taxa Developments Limited

749-777 Davis Drive

Part of Lot 1, Concession 2, Geographic Township of East Gwillimbury, Town of Newmarket, designated as Part 1 on Plan 65R-34380

Temporary Easement

8

Southlake Regional Health Centre

776 Davis Drive

Part of Lot 13, Registered Plan 81, Town of Newmarket, designated as Part 1 on Plan 65R-34387

Temporary Easement

The temporary easements will run from the date of registration of the Expropriation Plan and will expire on December 31, 2015 and are required for the purpose of entering on the lands with all vehicles, machinery, workmen and other material for construction purposes, which may include (1) relocation of existing services and utilities, (2) work that supports the construction of municipal infrastructure within the Region's permanent takings, (3) staging and storage of materials and equipment, (4) geotech testing, borehole testing, and other investigative works, (5) removal, relocation and/or installation of signage, (6) hard and soft landscaping, paving, grading and reshaping the lands to the limit of the reconstruction of Davis Drive, (7) the installation and removal of temporary (i) pedestrian access and walkway, (ii) parking measures including re-striping of aisles, lanes, and parking stalls, (iii) shoring and formwork, (iv) drainage and erosion/sediment control measures, (v) traffic signals, (vi) fencing, (vii) handrails, and (8) works ancillary to any of the foregoing.

2.       The Commissioner of Corporate Services be authorized to execute the Applications for Approval to Expropriate Land and the Notices of Application for Approval to Expropriate Land (the "Notices") and to serve and publish the Notices as required under the Expropriations Act (the "Act").

 

3.       The Commissioner of Corporate Services be authorized to forward to the Chief Inquiry Officer any requests for an inquiry that are received, and to represent the Region, as necessary, at an inquiry held under the Act.

 

4.       Council authorize the introduction of the necessary bylaws to give effect to these recommendations.

 

 

9.           APPROVAL TO EXPROPRIATE LANDS RAVENSHOE ROAD, UMPHREY AND UDORA BRIDGE REPLACEMENTS, TOWN OF GEORGINA

 

Committee of the Whole recommends adoption of the following recommendations contained in the report dated August 20, 2013 from the Commissioner of Corporate Services:

1.       Council, as approving authority, approve of the expropriation of the following lands required for the reconstruction of the Umphrey Bridge and Udora Bridge, in the Town of Georgina: 

No.

Municipal Address

Legal Description

Interest Required

1

2271 Weir's Sideroad

Parts 1 and 2, Plan 65R34088

Fee Simple

2

9652 Ravenshoe Road

Part 3, Plan 65R34088

Fee Simple

3

9656 Ravenshoe Road

Part 4, Plan 65R34088

Fee Simple

4

12 Manniku Road

Part 5, Plan 65R34088

Fee Simple

5

N/S Ravenshoe Road

Part 7, Plan 65R34088

Fee Simple

6

10914 Ravenshoe Road

Part 1, Plan 65R34085

Fee Simple

2.       The Commissioner of Corporate Services be authorized to execute and serve any notices required under the Expropriations Act (the "Act").

3.       Council authorize the introduction of the necessary bylaws to give effect to these recommendations.

 

10.        DEVELOPMENT CHARGE COMPLAINT OMB HEARING OUTCOME W.J. SHANAHAN LIMITED AUTOMOTIVE DEALERSHIP

 

Committee of the Whole recommends adoption of the following recommendation contained in the report dated September 19, 2013 from the Regional Solicitor:

 

1.       This report be received for information

 

 

ENVIRONMENTAL SERVICES

 

Regional Councillor Spatafors chaired the Environmental Services section of Committee of the Whole.

 

 

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

 

11.    COMMUNICATIONS - ENVIRONMENTAL SERVICES 

  

Committee of the Whole recommends:

 

1.       Receipt of the communication from Barbara A. McEwan, Deputy City Clerk, City of Vaughan, dated July 2, 2013 regarding 'Council Reserve Capacity, City-Wide, Vaughan'

 

2.       Receipt and referral to staff of the communication from Barbara A. McEwan, Deputy City Clerk, City of Vaughan, dated July 2, 2013 regarding 'Site Development, File DA.13.027, Regional Municipality of York, Ward 1 Vicinity of Teston Road and Bathurst Street'

 

3.       Receipt of the communication from Erin Mahoney, Commissioner of Environmental Services, dated September 19, 2013 regarding 'York Region 2012 Waste Diversion Report' [5.5MB]

 

4.       Receipt of the communication from Erin Mahoney, Commissioner of Environmental Services, dated September 19, 2013 regarding 'Forest Conservation Bylaw Consultation Update'

 

5.       Receipt of the communication from Clifford Curtis, Commissioner of Works, Durham Region, dated September 4, 2013 regarding 'Recognition of Duffin Creek Water Pollution Control Plant'

 

6.       Receipt and referral to staff of the communication from Susan Self, Chair, CTC Source Water Protection Committee, dated August 23, 2013 regarding 'CTC Source Water Protection Program Update'

 

7.       Receipt of the communication from Kathy Stranks, Manager, Corporate Secretariat, Toronto and Region Conservation Authority, dated July 31, 2013 regarding 'Toronto and Region Conservation Authority Headwater Drainage Feature Guidelines'

 

8.       Receipt and referral to staff of the communication from Kathy Stranks, Manager, Corporate Secretariat, Toronto and Region Conservation Authority, dated August 6, 2013 regarding 'Toronto and Region Conservation Authority Flood Management for the July 8 Severe Weather Event

 

 

[The following links open .pdf files of the Reports including Attachments and Presentations]

 

12.        ENVIRONMENTAL SERVICES ANNUAL ENERGY COST ANALYSIS AND GREENHOUSE GAS EMISSIONS REDUCTION PLAN

 

Committee of the Whole recommends adoption of the following recommendation contained in the report dated August 23, 2013 from the Commissioner of Corporate Services:

 

1.       This report be received for information.

 

 

13.        FINALIZATION OF SM4RT LIVING INTEGRATED WASTE MANAGEMENT MASTER PLAN AND IMPLEMENTATION PLAN [5.8MB]

 

Committee of the Whole recommends:

 

1.       Receipt of the presentation by Dave Gordon, Manager, Sustainable Waste Management, York Region, Peter Loukes, Director, Environmental Services, City of Markham and Ilmar Simanovskis, Director, Public Works, Town of Aurora; and

2.       Adoption of the following recommendation contained within the report dated August 23, 2013 from the Commissioner of Environmental Services:

 

1.       Council endorse the SM4RT Living Integrated Waste Management Master Plan.

 

 

14.         REVIEW OF BILL 91, PROPOSED WASTE REDUCTION ACT, 2013 

 

Committee of the Whole recommends adoption of the following recommendations contained within the report dated August 22, 2013 from the Commissioner of Environmental Services:

1.       Council endorse staff comments on Ontario Bill 91, proposed Waste Reduction Act as submitted to the Ministry of the Environment in accordance with the Environmental Registry deadline of September 4, 2013.

2.       The Regional Clerk circulate this report and attachments to the Clerks of the local municipalities and the Ministry of the Environment as acknowledgment of Council endorsement.


15.        FOREST CONSERVATION BYLAW SPECIAL PERMIT 17391 WOODBINE AVENUE, TOWN OF WHITCHURCH-STOUFFVILLE

 

Committee of the Whole recommends adoption of the following recommendation contained within the report dated August 22, 2013 from the Commissioner of Environmental Services:

1.       The application submitted by 1625476 Ontario Inc. for a special permit under the Forest Conservation Bylaw for removal of 0.8 hectares (2 acres) of forest for agricultural purposes be approved.

 

16.        CONSULTANT SELECTION FOR THE 2015 WATER AND WASTEWATER MASTER PLAN UPDATE

 

Committee of the Whole recommends adoption of the following recommendation contained within the report dated August 21, 2013 from the Commissioner of Environmental Services:

1.       AECOM Canada Ltd. be engaged to provide engineering services related to the 2015 Water and Wastewater Master Plan Update as outlined in this report, at a fee of $2,227,939.02 excluding taxes.

2.       The total Capital Spending Authority be revised for the following projects:

         Wastewater Master Plan Update (Project 79100) from $950,000 to $1,375,000

         Water Master Plan Update (Project 73300) from $950,000 to $1,375,000.

 

17.       PRESENTATION

 

Committee of the Whole recommends:

 

1. Deferral of the presentation by Daniel Kostopoulos, Director, Capital Planning and Delivery, regarding 'Energy From Waste and Duffin Creek Water Pollution Control Plant Update' to the October 10, 2013 Committee of the Whole meeting.

 

 

18.       OTHER BUSINESS

 

Committee of the Whole recommends deferral of the following private reports to Council's Private Session on September 26, 2013:

 

1. Acquisition of Land for Municipal Purposes, Newmarket Land Acquisition

 

2. Residual Waste Management Potential Litigation

 

 

The Committee of the Whole meeting adjourned at 3:13 p.m.

 

 

Respectfully submitted,

 

 

 

September 19, 2013                                                                                       B. Fisch

Newmarket, Ontario                                                                                        Regional Chair

 

 

D. Kelly

(905) 830-4444 x1300

 

 

 
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