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[The following link opens a .pdf file of this page]
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COUNCIL
OF
THE
April 19, 2007
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, Black, Emmerson, Grossi, Scarpitti, Van Bynen and Young
Regional Ferri, Frustaglio, Heath, Hogg, Jones, Landon, Rosati, Spatafora, Taylor,
Councillor: Wheeler and Wong
Staff: Davidson, Garrett, Hulton, Kurji, Macgregor, Russell, Simmons, Tuckey
PRESENTATION
55 Police Chief for a Day
Chief Armand P. La Barge, accompanied by Sgt. Shannon Anderson, York Regional Police, and Scott Cole, Vice-Chair of the Police Appreciation Dinner Committee, introduced Jared McNabb, a Grade 5 student at St. Paul Catholic School, Newmarket, as the winner of the competition of Chief for a Day. Jared McNabb was sworn in as "Chief for a Day". Chief for a Day McNabb expressed his thanks to Council.
TRIBUTE
56 Robert D. Johnston, Former Mayor of
Regional Chair Fisch expressed condolences on behalf of Council to the family of the former Mayor of Georgina, Robert D. "Bob" Johnston, who passed away on April 6, 2007. Mr. Johnston was the Mayor of Georgina and a member of Regional Council for two terms from 1988 to 1994. He participated on the Region's Management, Community Services and Health Committees and was a member of the York County Hospital Board during his two terms.
Regional Councillor Wheeler fondly recalled memories of his association with Mr. Johnston during his terms of office and in the following years when Mr. Johnston was a reporter for a local newspaper.
Regional Council and all in attendance held a moment of silence in Mr. Johnston's memory.
57 2007 Business Plan and Budget
(Report No. 1 of the Chief Administrative Officer and Commissioner of Finance and Clause 1 of Finance and Administration Committee Report No. 4)
Michael Garrett, Chief Administrative Officer, introduced the 2007 Business Plan and Budget.
Lloyd Russell, Commissioner of Finance, presented an overview and highlights of the proposed 2007 Budget, including the budget process, results of the Committee reviews, operating budget highlights, 2007 proposed capital expenditures and improvements, debt charges and GTA Pooling. The proposed 2007 budget would contain gross operating expenditures of $1.194 billion, net operating expenditures of $657 million and gross capital expenditures of $565.4 million. It would result in a recommended Regional tax levy increase of 4.8%.
It was moved by Mayor Van Bynen, seconded by Mayor Barrow that the presentation be received and that Report 1 of the Chief Administrative Officer and the Commissioner of Finance and Clause 1 of Report 4 of the Finance and Administration Committee be brought forward for consideration.
Carried
It was moved by Mayor Van Bynen, seconded by Mayor Barrow, that Council adopt the recommendations contained in Report No. 1 of the Chief Administrative Officer and the Commissioner of Finance, including the recommendations to approve the 2007 operating and capital budgets.
A recorded vote on the motion was as follows:
FOR: Barrow, Black, Frustaglio, Hogg, Jones, Landon, Scarpitti, Spatafora,
Taylor, Van Bynen, Wheeler, Wong (12)
AGAINST: Emmerson, Ferri, Grossi, Heath, Rosati, Young (6)
Carried
It was moved in amendment by Regional Councillor Ferri, seconded by Regional Councillor Frustaglio, that the annual savings resulting from the elimination of GTA Pooling be shared on a 50/50 basis with the Region and the local municipalities within the Region; and
That the individual municipal share be based on the proportion of the funds collected for the purposes of GTA Pooling in the respective municipalities in the year immediately preceding the year that the savings will occur.
A recorded vote on the amendment was as follows:
FOR: Ferri, Frustaglio, Rosati (3)
AGAINST: Scarpitti, Spatafora, Taylor, Van Bynen, Wheeler, Wong, Young, Barrow,
Black, Emmerson, Grossi, Heath, Hogg, Jones, Landon (15)
Lost
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Frustaglio, that the Commissioner of Finance report to the Finance and Administration Committee on property tax options for assisting qualifying low income people, including seniors and people with disabilities.
Carried
58 Special Council Workshops
It was moved by Regional Councillor Frustaglio, seconded by Regional Councillor Hogg, that the Commissioner of Finance bring forward options for allocating GTA Pooling savings in future years to a Regional Council Workshop to be held in September 2007.
Carried Unanimously
Following a motion moved by Mayor Grossi, seconded by Mayor Emmerson, Regional Chair Fisch advised that a special Council Workshop will be scheduled in the near future for the purpose of considering transit and rapid transit capital expenditures and funding in 2007 and future years.
(Regional Council Workshop subsequently scheduled for April 26, 2007at 9:30 a.m.)
59 MINUTES
[The following link opens the Minutes page]
It was moved by Regional Councillor Frustaglio, seconded by Mayor Barrow, that the Minutes of the Council meeting held on March 29, 2007 be confirmed in the form supplied to the Members.
Carried
COMMUNICATIONS
Council proceeded to consider the following communications:
[The following links open .pdf files of the Communications]
60 2007 Non-Matching Levy for the
Brian Denney, Chief Administrative Officer, Toronto and Region Conservation Authority, March 27, 2007, forwarding a Notice of Meeting to Approve the 2007 Non-Matching Levy for the Toronto and Region Conservation Authority.
It was moved by Mayor Barrow, seconded by Regional Councillor Taylor, that the communication be received.
Carried
61 English as a Second Language Week
Linda Cooper, President, TESL North York/York Region, March 25, 2007, regarding recognition of November 18 to 24, 2007 as "English as a Second Language Week".
It was moved by Mayor Scarpitti, seconded by Mayor Emmerson, that Council recognize the week of November 18 to 24, 2007 as "English as a Second Language Week".
Carried
62 Administrative Professionals Week
Lynne Spackman, Treasurer, International Association of Administrative Professionals, York Region Chapter, April 2, 2007, regarding recognition of the week of April 23 to 27, 2007 as Administrative Professionals Week.
It was moved by Regional Councillor Wheeler, seconded by Mayor Grossi, that Council recognize the week of April 23 to 27, 2007 as "Administrative Professionals Week".
Carried
63 Regional Water Meter Chambers,
(Clause 5 of Transportation and Works Committee Report No. 4)
Anita Moore, Town Clerk, Town of Newmarket, April 17, 2007, forwarding a resolution adopted by the Council of the Town of
It was moved by Regional Councillor Landon, seconded by Regional Councillor Rosati, that the communication be received and the communication and Clause 5 of Transportation and Works Committee Report No. 4 be referred to the May 2, 2007 meeting of the Transportation and Works Committee.
Carried
64 Planning for Tomorrow Public Engagement and Consultation
(Clause 10 of Planning and Economic Development Committee Report No. 4)
Karin Price, Committee Coordinator, forwarding a Revised Attachment 1 (Communications Strategy) to Clause 10, Report 4 of the Planning and Economic Development Committee.
It was moved by Mayor Grossi, seconded by Regional Councillor Hogg, that the communication be received and referred to consideration of Clause 10 of Report 4 of the Planning and Economic Development Committee.
Carried
65 Durham/York Residual Waste Environmental Assessment - Pre-Qualification
of Thermal Waste Treatment Technology Vendors
(Clause 4 of Solid Waste Management Committee Report No. 5)
Bruce Macgregor, Commissioner of Transportation and Works, April 17, 2007, forwarding a revised anti-lobbying clause for the Pre-Qualification of Thermal Waste Treatment Technology Vendors.
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Landon, that the communication be received and referred to consideration of Clause 4 of Report 5 of the Solid Waste Management Committee.
Carried
66
Pat Madill, Regional Clerk, Regional Municipality of Durham, April 18, 2007, forwarding two final recommendations from the Joint Report of the Committee approved by Durham Regional Council on April 18, 2007 with respect to the Energy from Waste Project.
It was moved by Mayor Grossi, seconded by Regional Councillor Spatafora, that the communication be received and referred to the May 9, 2007 meeting of the Solid Waste Management Committee.
Carried
67 COMMITTEE REPORTS
Mayor Emmerson presented the following reports for the consideration of Council:
Report No. 2 of the Audit Committee
Report No. 4 of the Community Services and Housing Committee
Report No. 1 of the Dewatering Complaint Review Committee
Report No. 4 of the Finance and Administration Committee
Report No. 4 of the Planning and Economic Development Committee
Report No. 3 of the Rapid Transit Public/Private Partnership Steering Committee
Report No. 5 of the Solid Waste Management Committee
Report No. 3 of the Transit Committee
Report No. 4 of the Transportation and Works Committee
Report No. 1 of the Commissioner of Community Services, Housing and Health Services
Report No. 2 of the Commissioner of Community Services, Housing and Health Services
Report No. 2 of the Commissioner of Transportation and Works
Report No. 3 of the Commissioner of Finance
Report No. 1 of the Chief Administrative Officer and Commissioner of Finance
Report No. 1 of the Commissioner of Transportation and Works and the Regional Solicitor
It was moved by Mayor Emmerson, seconded by Mayor Young, that the reports be received and that Council resolve itself into Committee of the Whole to consider them.
Carried
Regional Chair Fisch chaired the Committee of the Whole.
The Committee of the Whole rose after making the following recommendations:
[The following links open the Report pages]
Report No. 2 of the Audit Committee be adopted without amendment;
Report No. 4 of the Community Services and Housing Committee be adopted without amendment;
Report No. 1 of the Dewatering Complaint Review Committee be adopted without amendment;
Report No. 4 of the Finance and Administration Committee be adopted with the following amendment:
Clause 5, relating to the 2007 Development Charge By-law Review Draft Background Study, was adopted and issues in the Study relating to the transit, rapid transit and subway components were referred to the April 26, 2007 Council Workshop for further discussion.
Report No. 4 of the Planning and Economic Development Committee be adopted with the following amendment:
In considering Clause 10, regarding Public Engagement and Consultation on Planning for Tomorrow, Council had before it a revised Attachment 1 (Communications Strategy). See Minute No. 64.
Clause 14, relating to a Resolution regarding the Toronto Pearson International Airport and the proposed Pickering Airport, be referred to the next Planning and Economic Development Committee on May 2, 2007 in order to receive Durham Region's position on the proposed Pickering Airport .
Report No. 3 of the Rapid Transit Public/Private Partnership Steering Committee be adopted without amendment;
Clause 2, relating to the Viva Phase 1 Capital Enhancements, was adopted and then referred to the April 26, 2007 Council Workshop for further discussion.
Report No. 5 of the Solid Waste Management Committee be adopted with the following amendment
Clause 4, relating to the Durham/York Residual Waste Environmental Assessment Pre-Qualification of Thermal Waste Treatment Technology Vendors, and the revised anti-lobbying clause referred to in the communication (April 17, 2007) from the Commissioner of Transportation and Works, be referred to staff for a further report to the next Solid Waste Management Committee meeting on May 9, 2007. The communication from the
Report No. 3 of the Transit Committee be adopted with the following amendments
The report be amended to show that Regional Councillor Wheeler attended the April 12, 2007 Committee meeting; and
Clause 3, relating to
Report No. 4 of the Transportation and Works Committee be adopted with the following amendment:
Clause 5, relating to Regional Water Meter Chambers, Towns of
[The following links open .pdf files of the Reports]
Report No. 1 of the Commissioner of Community Services, Housing and Health Services be adopted without amendment;
Report No. 2 of the Commissioner of Community Services, Housing and Health Services be adopted without amendment;
Report No. 2 of the Commissioner of Transportation and Works be adopted without amendment;
Report No. 3 of the Commissioner of Finance be adopted without amendment;
Report No. 1 of the Chief Administrative Office and Commissioner of Finance be adopted without amendment; and
Report No. 1 of the Commissioner of Transportation and Works and the Regional Solicitor be adopted without amendment.
(Committee of the Whole recessed at 12:55 p.m., following consideration of the Finance and Administration Committee Report, for the purpose of Council reconvening in regular session and going into private session. Council reconvened in public session, in Committee of the Whole, at 2:20 p.m., for the purpose of considering the Planning and Economic Development Committee Report and all reports following.)
It was moved by Regional Councillor Heath, seconded by Regional Councillor Ferri, that Council adopt the recommendations of the Committee of the Whole.
Carried
68 PRIVATE SESSION
It was moved by Regional Councillor Landon, seconded by Regional Councillor Spatafora, that Council convene in Private Session, for the purpose of considering four matters relating to the security of municipal property, one litigation matter, one land acquisition matter and one personal matter about an identifiable individual.
Carried
Council met in Private Session at 12:55 p.m. and reconvened in open Council at 2:15 p.m.
It was moved by Regional Councillor Frustaglio, seconded by Mayor Grossi, that Council rise and report from Private Session.
Carried
69 Results of the Request for Proposal Process for the Rental and Supportive Housing
Component of the Canada-Ontario Affordable Housing Program (AHP)
It was moved by Mayor Young, seconded by Mayor Black, that Council adopt the recommendations contained in the confidential report (April 11, 2007) of the Community Services and Housing Committee as follows:
1. Regional Council recommend to the Minister of Municipal Affairs and Housing that the following projects receive a conditional commitment, for a total of 271 units, subject to the Ministry increasing the Region's allocation by 36 units, as follows:
� Hesperus Fellowship Community of Ontario/Hesperus Fellowship Village (60 units).
� Kehilla Residential Programme/The Reena Foundation (61 units).
� Markham Interchurch Committee for Affordable Housing (MICAH)/East Markham Non Profit Homes (120 units).
� Mount Albert United Church/Mount Albert United Church Senior's Citizen Foundation (30 units).
2. In the event that the Minister does not increase the Region's allocation by 36 units, Regional staff be authorized to negotiate revised unit allocations with each of the proponents and report back to Regional Council.
3. Subject to receiving a conditional commitment of funding, the Commissioner of Community Services, Housing and Health Services be authorized to enter into Contribution Agreements with each of the recommended projects, each Contribution Agreement being subject to the prior review of Legal Services.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to the security of municipal property.
70 Transitional and Supportive Housing Services of
Shelter Expansion Update
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Wheeler, that Council adopt the recommendations contained in the confidential report (April 11, 2007) of the Community Services and Housing Committee as follows:
1. The Regional Municipality of
2. The Regional Chair and the Regional Clerk be authorized to award and to execute the construction contract on the Region's behalf provided that the total project budget does not exceed the approved capital budget and subject to the prior review of Legal Services, in order to facilitate implementation of the project during the 2007 construction season.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to the security of municipal property.
71
It was moved by Mayor Grossi, seconded by Mayor Scarpitti, that Council adopt the recommendations contained in the confidential report (April 12, 2007) of the Rapid Transit Public/Private Partnership Steering Committee as follows:
1. Regional staff and any required external professional experts be authorized to appear at the upcoming Ontario Municipal Board (OMB) hearing for the Site Plan applications by UPS Canada Limited (UPS) to support the proposed Spadina Subway Extension to the Vaughan Corporate Centre (VCC).
2. Regional Staff coordinate with City of
3. Council endorse the Memorandum of Understanding (MOU) and authorize the Regional Chairman and Regional Clerk to execute the MOU in a form that is substantially in accordance with the draft document attached as Council Attachment 1.
4. Council approve an estimated budget of $250,000 for external legal fees and consultants, to be funded in year from funds budgeted in the capital project for the Spadina Subway Extension.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to litigation.
72 Subway Extension to
Capital Financing and Construction Update
It was moved by Regional Councillor Frustaglio, seconded by Regional Councillor Ferri, that Council adopt the recommendations contained in the confidential report of the Rapid Transit Public/Private Partnership Steering Committee (April 12, 2007), as amended as follows:
1. York Region participate in the extension of the subway to Vaughan Corporate Centre only when the following conditions are satisfied:
a) The contribution from York Region not exceed its share of the one-third funding that would be attributable to the municipal sector (generally 40.02% of the municipal one-third);
b) The Province and Federal Government continue to be requested to provide a full two-thirds of the funding of the project;
c) Proclamation of the Development Charge legislation and the enactment of the Development Charge and Tax Increment Financing regulations recommended through consultations with the Province as being needed to fund the subway project; and
d) Agreement on operating and ownership principles with the City of
2. As an alternative to participating in the municipal one-third share with the City of
3. Staff report back on the capital cost and construction agreement with the City of
4. Staff report back on the process to plan and build the surface infrastructure and related transit oriented development.
5. Regional Council approve in principle the construction delivery model including the TTC as project manager for the sub-surface subway infrastructure.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to the security of municipal property.
73 Subway Extension to
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Frustaglio, that Council adopt the recommendations contained in the confidential report of the Rapid Transit Public/Private Partnership Steering Committee (April 12, 2007) as follows:
1. Council approve in principle an arrangement for operation of the Spadina Subway Extension in York Region with the TTC, with the following general provisions:
a) The TTC would be the sole owner and operator of the subway system within York Region;
b) York Region would pay the capital cost for construction of the subway within York Region as per the cost sharing agreement approved by Council on September 21, 2006;
c) The TTC would assume all operating risk and financial responsibility, including fare revenue and operating costs;
d) A single TTC fare would be charged to customers of the Spadina Subway extension within York Region;
e) York Region would make no financial contribution to ongoing operations;
f) The cost of capital rehabilitation and replacement for the subway system within
g) York Region would be saved harmless from any future capital or operating costs or related liabilities;
h) The TTC would operate the subway line within York Region with "minimum service levels" for service frequency, hours of operation and station cleanliness consistent with average service levels on the TTC subway;
i) York Region would be responsible for bus terminal operations and related operating costs at subway stations within York Region; and
j) York Region would own the lands on which Commuter parking lots were situated.
2. The approval in principle noted in Recommendation 1 be subject to the following conditions:
a) York Region explore options with
b) In the event of a change in subway system ownership, York Region would be saved harmless from any future operating charge or be recognized for its original capital investment;
c)
d) Staff report back with further analysis and options for commuter parking;
e) York Region would retain all development/air rights at subway stations and throughout the subway corridor in York Region; and
f) In the event of a change in TTC's fare structure (currently a single fare for the entire subway system), transit riders within York Region would not bear undue hardship.
3. A comprehensive Operating Memorandum of Understanding between York Region, the TTC and the City of
4. Staff report back with the details of the Memorandum of Understanding.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to the security of municipal property.
OTHER BUSINESS
74 Federation of Canadian Municipalities
Regional Councillor Hogg advised that the annual meeting of the Federation of Canadian Municipalities will take place from June 1 to 4, 2007 in
75 GO Transit Board Appointment
Regional Chair Fisch announced the Province's appointment of Mayor Barrow to the GO Transit Board.
76 Police Services Board Appointment
Regional Chair Fisch confirmed that Mayor Barrow will be resigning from the Police Services Board effective May 2007. A new representative from Regional Council will be appointed at the May 17, 2007 Council meeting.
Regional Chair Fisch requested that any Members who are interested in this appointment advise him of their interest so that he can determine whether an election is required to fill this position at the May 17, 2007 meeting.
77 Meeting of Regional Council Scheduled for May 17, 2007
Mayor Scarpitti informed Council that the Province is planning a Growth Summit for May 17, 2007 and that the next meeting of Regional Council is scheduled for the same day. A revised meeting date will be scheduled by the Regional Chair's Office if possible and a notice will be circulated to the Members of Council.
78 Michael Garrett, Chief Administrative Officer, Retirement and Farewell
Regional Chair Fisch noted that this is the final meeting of Michael Garrett as Chief Administrative Officer for
Regional Chair Fisch remarked that Mr. Garrett had previously done a great job in Peel and in
Regional Chair Fisch then commended Mr. Garrett for all his work in making the Region a Top 100 Employer, including cutting the level of staff attrition and contributing to the leadership at the top. He added that Mr. Garrett was very effective as chair of the CAOs' MARCO group, supporting him as head of the Mayors and Regional Chairs, and at fulfilling the OMBI requirements. Mr. Garrett had also raised the level of internal communications with his "coffee-with-Mike" sessions and walk-abouts.
Regional Chair Fisch concluded by indicating that Mr. Garrett has provided Council with excellent advice since beginning his term as CAO in 2002 and should be proud of his 37 years of municipal service to the Region and across the GTA.
Regional Council and staff applauded Mr. Garrett in recognition of his service.
Mr. Garrett thanked Council for all of its support. He stated he was proud to be part of the Senior Management Group and the great staff here at York Region.
79 Appointment of Bruce Macgregor as Chief Administrative Officer
It was moved by Regional Councillor Wheeler, seconded by Regional Councillor Ferri, that Council enact By-law No. A-0388-2007-038 to appoint Bruce Macgregor as the Region's Chief Administrative Officer effective May 1, 2007.
Carried
Regional Chair Fisch announced that Bruce Macgregor will be taking on the position of Chief Administrative Officer effective May 1, 2007 and congratulated him on his appointment.
Mr. Macgregor thanked Council for their trust and confidence in him.
80 BY-LAWS
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Rosati, that certain Bills be introduced and approved in the form as noted on the Revised Agenda, and enacted as By-laws.
[The following links open .pdf files of the By-laws]
By-law No. W-0144-2007-034
A by-law to transfer a watermain to The Corporation of the
By-law No. R-1331(d)-2007-035
A by-law to amend By-law No. R-1331-2002-133 being a by-law to prescribe maximum rates of speed on
By-law No. A-0387-2007-036
A by-law to support a minor restructuring proposal
By-law No. L-0138-2007-037
A by-law to set and levy the rates of taxation for Regional general purposes for the year 2007.
By-law No. A-0388-2007-038
A by-law to appoint a chief Administrative Officer
Carried
81 CONFIRMATORY BY-LAW
It was moved by Regional Councillor Heath, seconded by Regional Councillor Ferri, that the following by-law be enacted to confirm the proceedings of this meeting of Council.
[The following link opens a .pdf file of the By-law]
By-law No. M-0739-2007-039
To confirm the proceedings of Council at its meeting held on April 19, 2007.
Carried
The Council meeting adjourned at 3:15 p.m.
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Regional Clerk
Minutes confirmed and adopted at the meeting of Regional Council held on the 24th of May, 2007.
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Regional Chair