MINUTES OF COUNCIL
 
OF
THE REGIONAL MUNICIPALITY OF YORK
 
 
January 22, 2004
 
Regional Council met at 9:40 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: Bell, Black, Cousens, Di Biase, Grossi, Jones, Sherban, and Taylor.
 
Regional Councillor: Barrow, Ferri, Frustaglio, Heath, Jackson, Jones, O'Donnell, Scarpitti, Van Bynen, and Wheeler.
 
Staff: Cartwright, Davidson, Garrett, Jaczek, Schipper, Simmons, Sinclair and Tuckey.
 
 
23         MINUTES
[The following link opens the Minutes page]
 
It was moved by Mayor Bell, seconded by Mayor Taylor, that the Minutes of the Council meeting held on the 11th of December, 2003, be confirmed in the form supplied to the Members.
Carried.
 
 
COMMUNICATIONS
[The following links open .pdf files of the Communications]
 
24  (Regional Chair Fisch noted that there were a number of communications and requests for deputant status on the Revised Agenda relating to the Pine Valley Drive Link. He indicated that the matter before Council today was a request of the Toronto and Region Conservation Authority and not the approval of the Pine Valley Drive Link. He further indicated that this matter could be considered moot at this point because the Toronto and Region Conservation Authority Board had recently considered the recommended request and had made a decision in this regard.  It was on this basis that he suggested that Council hear from the Toronto and Region Conservation Authority regarding its position on the matter of the recommended request, and not from a number of deputants on the matter of the approval of the Pine Valley Drive Link.)
 
Council proceeded to consider the following communications:
 
25  Pine Valley Drive Link
(Clause No. 28, Item 12 of Transportation and Works Committee Report No.1)
 
Kathy Stranks, Supervisor, Board Member Services, Toronto and Region Conservation Authority, January 12, 2004, requesting deputant status. 
 
Kathy Stranks, Supervisor, Board Member Services, Toronto and Region Conservation Authority, January 20, 2004, forwarding for the information of Council, the Toronto and Region Conservation Authority's resolution on the Pine Valley Drive Link.
 
It was moved by Mayor Taylor, seconded by Mayor Di Biase, that the communications be received and deputant status be granted.
Carried. 
 
26  John Heddle, Secretary-Treasurer, Humber Valley Heritage Trail Association, January 14, 2004, requesting deputant status. (Mr. Heddle also filed a proposed presentation with the Regional Clerk and Council.);
 
Deborah Schulte, Chair, Woodbridge Expansion Open Space Action Site Committee, January 15, 2004, requesting deputant status; 
 
Steven Zakem, Aird & Berlis, on behalf of the City of Vaughan, January 15, 2004, requesting deputant status;
 
Ian Craig, member, Kleinburg and Area Ratepayers Association, January 15, 2004, requesting deputant status;  
 
Joanne Nonnekes, representative of the Boyd/East Humber Subwatershed Committee of the Humber Watershed Alliance, requesting deputant status;
 
Lelio C. Angelantoni, Woodbridge resident, January 15, 2004, requesting deputant status;  
 
Elizabeth A. Bottos, Woodbridge resident, January 19, 2004, requesting deputant status. (Ms. Bottos also filed additional material with the Regional Clerk at the meeting.);
 
Quinto M. Annibale, Loopstra Nixon, Barristers and Solicitors, representing the National Golf Club of Canada and Quinto Annibale, January 19, 2004, requesting deputant status; and
 
Nadia Magarelli, President, Weston Downs Ratepayers Association, January 22, 2004 (filed with the Regional Clerk at the meeting).
 
It was moved by Mayor Taylor, seconded by Mayor Di Biase, that these communications be received.
Carried.
(See Minute Nos. 36 and 41.)
 
 
27  Nobleton Community Plan
(Clause 6 of Planning and Economic Development Committee Report No. 1)
 
Nancy Hopkinson, President, Nobleton Alert Residents Association Inc., January 12, 2003, regarding the Nobleton Community Plan, and requesting deputant status.
 
It was moved by Regional Councillor Scarpitti, seconded by Regional Councillor Ferri, that the communication be received.
Carried.
(See Minute No. 39.)
 
28  Aurora OPA 34
(Clause 7 of Planning and Economic Development Committee Report No. 1)
 
Bob Panizza, Director of Corporate Services/Town Clerk, January 20, 2004, forwarding resolutions passed at the January 13, 2004 meeting of Aurora Town Council.
 
It was moved by Mayor Jones, seconded by Regional Councillor Heath, that the communication be received and referred to the discussion of the subject clause.
Carried.
 
29  Susan Walmer, Chairperson, Ratepayers of Aurora Yonge South, January 16, 2004, and January 21, 2004, requesting deputant status. 
 
It was moved by Mayor Jones, seconded by Regional Councillor Heath, that the communications be received and referred to the discussion of the subject clause.
Carried.
 
30  Rosemarie Humphries, President, Humphries Planning Group Inc., January 18, 2004.
 
It was moved by Mayor Jones, seconded by Mayor Black, that the communication be received and referred to the discussion of the subject clause
Carried.
(See Minute No. 39.)
 
31  Centres and Corridors Strategy Update
(Clause 1 of Planning and Economic Development Committee Report No. 1)
 
Robert C. Prowse, Town Clerk, Town of Richmond Hill, January 15, 2004, forwarding a resolution passed by the Town of Richmond Hill at its meeting on January 5, 2004.
 
It was moved by Mayor Bell, seconded by Regional Councillor Barrow, that the communication be received.
Carried.
(See Minute No. 39.)
 
32  Lake Simcoe Region Conservation Authority
 
Carolyn Lance, Administrative Assistant to the Town Clerk, Town of Georgina, January 12, 2004,, requesting that Councillor Margaret Jordan be appointed as the Town of Georgina's representative on the Lake Simcoe Region Conservation Authority.
 
It was moved by Mayor Grossi, seconded by Regional Councillor Wheeler, that the communication be received.
Carried.
 
33  Composting Strategy
(Clause No. 3, Item No. 4 of Solid Waste Management Committee Report No. 1)
 
Blair McArthur, Miller Waste Systems, January 20, 2004, requesting deputant status.
 
It was moved by Regional Councillor Jones, seconded by Mayor Jones, that the communication  be received and deputation status be granted.
Carried.
 
34  Bill Palmer, Operations Manager, Halton Recycling, January 21, 2004, requesting deputant status.
 
It was moved by Mayor Taylor, seconded by Mayor Grossi, that the communication  be received and deputation status be granted.
Carried.
(See Minutes Nos. 37 and 46.)
 
35  King City Sanitary Sewer Expropriation
(Clause No. 25 of Transportation and Works Committee Report No. 1)
 
R. J. Martin, January 19, 2004, regarding the Expropriation of Land, King City Sanitary Sewer, and requesting deputant status. 
 
It was moved by Regional Councillor Frustaglio, seconded by Regional Councillor Jones, that the communication be received.
Carried.
(See Minute No. 39.)
 
 
DEPUTATIONS
 
Council heard the following deputations:
 
36  Pine Valley Drive Link
(Clause No. 28, Item 12 of Transportation and Works Committee Report No. 1)
 
Dick O'Brien, Chairman, and Carolyn Woodland, Manager of Development Services, Toronto and Region Conservation Authority, made a presentation regarding the Authority's position on the Transportation and Works Committee's recommended request that the Authority withdraw from the Ontario Municipal Board hearing scheduled to commence on February 2, 2004.
 
(A copy of the slide presentation is on file in the Office of the Regional Clerk.)
 
It was moved by Mayor Taylor, seconded by Mayor Di Biase, that the deputation be received and referred to consideration of Clause 28, Item 12 of Transportation and Works Committee Report No.1.
Carried.
(See Minute No. 41.)
 
 
37  Composting Strategy
(Clause No. 3, Item No. 4 of Solid Waste Management Committee Report No. 1).
 
Blair McArthur, Miller Waste Systems; and
Bill Palmer, Operations Manager, Halton Recycling
 
It was moved by Regional Councillor Jones, seconded by Regional Councillor Scarpitti, that the deputations be received.
 
Carried.
(See Minute No. 46.)
 
 
PRESENTATION
 
38  2004 Business Plan and Budget
 
Michael Garrett, Chief Administrative Officer, made a presentation on the draft 2004 Business Plan and Budget.
 
He presented highlights of the 2004 Business Plan and Budget.  This included an overview of the 10-year capital budget plan and the two operating budgets: the tax supported budget and the rate supported budget.
 
Mr. Garrett indicated that the 10-year plan for total capital expenditures is projected at $5.5 billion, an increase from $4.8 billion in 2003. He also outlined funding sources, historical and projected capital expenditures, and annual projected tax levy and rate increments for 2004 to 2008 relating to the capital program.
 
The tax supported operating budget would include a net tax levy of $521.7 million. $276.0 million of this, or 53%, is directly controlled by the Region, while $245.7 million, or 47%, relates to funding for special purpose bodies that require funding from the Region.
 
Mr. Garrett then provided a summary of the pressures on the Region's base budget, mandatory and legislative programs, growth and annualization and proposed service enhancements.  He also noted that efficiencies found by staff would result in some cost reductions. The overall projected tax impact is currently 2.1% for services controlled by the Region and 5.9% for special purpose bodies, for a total of 8.0%.   Mr. Garrett also provided a preliminary outlook for 2005.
 
The 2004 budget review process for standing committees was outlined as follows:
(A copy of the Chief Administrative Officer's slide presentation is on file with the Regional Clerk.)
 
It was moved by Mayor Jones, seconded by Mayor Bell, that:
1. The presentation be received, and
 
2. The 2004 Business Plan and Budget, as submitted through the Chair's Budget Review Committee and as presented by the Chief Administrative Officer be subject to the following review process:
 
a) the 2004 Business Plan and Budget be forwarded to Standing Committees for detailed review with specific direction that any changes made by a Standing Committee not exceed the total amount of proposed 2004 funding and resources identified in that budget, and a list be compiled of any specific recommendations for additional expenditures;
 
b) Committees forward their recommended budgets to Finance and Administration Committee on March 4, 2004, for proposed adoption by Regional Council on March 25, 2004;
 
c) public input be received at the Finance and Administration Committee on March 4, 2004; and
 
d) staff be directed to provide Notice, not later than February 1, 2004 of the proposed adoption of the 2004 Business Plan and Budget by Regional Council on March 25, 2004, in accordance with the provisions of the Municipal Act, 2001.
Carried.
 
 
39  COMMITTEE REPORTS
 
Mayor Grossi presented the following reports for the consideration of Council:
 
Report No. 1 of the Community Services and Housing Committee
Report No. 1 of the Finance and Administration Committee
Report No. 1 of the Health and Emergency Medical Services Committee
Report No. 1 of the Planning and Economic Development Committee
Report No. 1 of the Rapid Transit Public/Private Partnership Steering Committee
Report No. 1 of the Solid Waste Management Committee
Report No. 1 of the Transit Committee
Report No. 1 of the Transportation and Works Committee
Report No. 1 of the Commissioner of Planning and Development Services and Commissioner of Corporate Services
Report No. 1 of the Commissioner of Corporate Services
 
It was moved by Mayor Grossi, seconded by Regional Councillor Jones, that the reports be received and that Council resolve itself into Committee of the Whole to consider them.
Carried.
 
Chair Fisch chaired the Committee of the Whole.
 
[The following links open the Report pages]
 
The Committee of the Whole rose after making the following recommendations:
 
Report No. 1 of the Community Services and Housing Committee be adopted without amendment;
 
Report No. 1 of the Finance and Administration Committee be adopted without amendment;
 
Report No. 1 of the Health and Emergency Medical Services Committee be adopted without amendment;
 
Report No. 1 of the Planning and Economic Development Committee be adopted with the following amendments:
Clause 7 be amended to include the following:
Whereas on January 7, 2004, the Planning and Economic Development Committee considered a Planning and Development Services staff report on Official Plan Amendment No. 34 and adopted the staff recommendation to approve the Amendment subject to two minor modifications;
 
And whereas on January 13, 2004, the Council of the Town of Aurora passed a motion to request that Regional Council modify OPA 34 to include a statement regarding the applicability of local Official Plan Amendment No. 48;
 
And whereas the statement would clarify the position of the Ministry of Municipal Affairs, Region and Town of Aurora that any new applications within the OPA 34 area shall conform to the requirements of the Oak Ridges Moraine Conservation Plan;
 
Now therefore be it resolved that, in addition to those modifications recommended by Planning and Economic Development Committee, the following statement be added to Section 1.1 (Introduction):
 
"It is noted that the lands subject to this Official Plan Amendment are also governed by Official Plan Amendment No. 48, regarding the Oak Ridges Moraine Conservation Plan in accordance with the provisions of Sections 15 and 17 of the Oak Ridges Moraine Conservation Act."
Clause 9 be amended to include the following:
Staff be requested to prepare a report to Planning and Economic Development Committee, addressing what land in the rural community is owned by third parties.
Report No. 1 of the Rapid Transit Public/Private Partnership Steering Committee be adopted without amendment;
 
Report No. 1 of the Solid Waste Management Committee be adopted with the following amendment:
Clause 2 be amended to include the words "the school boards" in recommendation 2, as amended by the Committee, so that recommendation 2 would now read as follows:
2. Regional staff work with the Local Municipalities, the City of  Toronto, the other Greater Toronto Area Regions, and the school boards to develop an anti-litter campaign, and encourage the Local Municipalities to review and enhance their anti-litter by-laws. 
Report No. 1 of the Transit Committee be adopted with the following amendment:
Clause 4:
Staff be requested to provide further detailed statistical information to the Transit Committee on the results of the 2002 survey and provide future periodic progress reports relating to the items listed as concerns in the survey.
 
Staff also be requested to provide a report to the Transit Committee on providing an analysis of the data from the York Region Transit Call Centre .
Report No. 1 of the Transportation and Works Committee be adopted with the following amendments:
Clause 5 be amended as follows:
Recommendation 4 be referred back to the Transportation and Works Committee to allow the residents of Jennings Gate to make representation to the Committee.
Clause 11 be amended as follows:
Committee Recommendation 2 and Staff Recommendation 2 be received and replaced with the following:
 
R2. Regional staff expedite and take action on the tender for the Warden Avenue widening work in 2004.
Clause 25 be amended as follows:
The map attached to the report be replaced with the one presented to Council showing the property being expropriated.
Report No. 1 of the Commissioner of Planning and Development Services and Commissioner of Corporate Services be adopted without amendment.
In considering this Report, Council requested that the following motion be referred to the Planning and Economic Development Committee:
 
That the Province review local Environmental Master Plans and provide for the permanent retention of green space identified in those Plans and/or provide additional legislative authority to municipalities to implement those Plans.
Report No. 1 of the Commissioner of Corporate Services be adopted with the following amendment:
Recommendation 1 and the attached Resolution of the Sole Shareholder of York Region Rapid Transit Corporation, be amended by replacing the name "William Bell" with "William F. Bell".
 
It was moved by Mayor Di Biase, seconded by Regional Councillor Ferri, that Council adopt the recommendations of the Committee of the Whole.
Carried.
                       
40  BY-LAWS
 
It was moved by Mayor Jones, seconded by Regional Councillor Heath , 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]
 
Bill No. L-0129-2004-006
To levy against the lower-tier municipalities on an interim basis the sums of monies required during the year 2004 for the purposes of The Regional Municipality of York
 
Bill No. R-1383-2004-007
To authorize the temporary closure of Major Mackenzie Drive East (Y.R. 25) between Ninth Line (Y.R. 69) and Reesor Road in the Town of Markham
 
Bill No. R-1384-2004-008
To provide for restricted loads on certain Regional Roads
 
Bill No. R-0393(ax)-2004-009
To amend By-law No. R-393-76-66 respecting turning movements on Regional Roads
 
Bill No. R-1385-2004-010
To acquire certain lands for or in connection with the widening and reconstruction of Highway 7 (YR 7) from Highway 27 (YR 27) to Kipling Avenue, in the City of Vaughan
 
Bill No. R-1386-2004-011
To acquire certain lands for or in connection with the widening and reconstruction of Teston Road (YR 49) from Weston Road (YR 56) to Bathurst Street (YR 38), in the City of Vaughan
 
Carried.
 
MOTION
 
41  Pine Valley Drive Link
(Clause No. 28 Item 12 of Transportation and Works Committee Report No. 1)
 
It was moved by Mayor Di Biase, seconded by Regional Councillor Ferri, that Council adopt the following:
 
Whereas the Pine Valley Drive Link was identified as a "new link" in OPA 400 which was adopted by the City of Vaughan on August 3, 1994 and approved by the Minister on June 29, 1995; and
 
Whereas the identification of the Pine Valley Drive Link in OPA 400 was not appealed by any person or party; and
 
Whereas the Pine Valley Drive Link was again identified as a "new link" in Schedule "J" to OPA 600, which was adopted by the City of Vaughan on September 25, 2000; and
 
Whereas the Region of York was the approval authority for OPA 600 and approved it in June, 2001 (with respect to those lands not located on the Oak Ridges Moraine) and January 2002 (with respect to those lands located on the Oak Ridges Moraine); and
 
Whereas the Toronto Region Conservation Authority did not appeal the identification of Pine Valley Drive Link as a "new link" in either OPA 400 or OPA 600; and
 
Whereas the Region of York Transportation Master Plan identifies the Pine Valley Drive Link as being necessary to meet its objective of providing an efficient grid of arterial roads and to provide the necessary capacity required for the development of a comprehensive transit system in the Region; and
 
Whereas the Region of York Transportation Master Plan identifies the Pine Valley Drive Link as a "new arterial road" to be completed in the 2002 � 2011 timeframe; and
 
Whereas the Region of York and the Toronto Region Conservation Authority are both members of the working group in the Class Environmental Assessment currently underway in respect of the Pine Valley Drive Link; and
 
Whereas the Class Environmental Assessment currently underway is the more appropriate forum to consider the environmental impacts and potential transportation alternatives to the Pine Valley Drive Link; and
 
Whereas the Toronto and Region Conservation Authority sought and received party status to the Ontario Municipal Board hearing in respect of the Pine Valley Drive Link in order to oppose its identification in Schedule "J" to OPA 600;
 
Therefore be it resolved that:
 
1. The Toronto and  Region Conservation Authority be requested to withdraw from the Ontario Municipal Board in respect of the Pine Valley Drive Link scheduled to commence on February 2, 2004; and
 
2. The Toronto and Region Conservation Authority be requested to continue to actively participate in the Class Environmental Assessment currently underway in respect of the Pine Valley Drive Link.
 
Carried.
 
OTHER BUSINESS
 
42  Rouge Watershed Task Force
 
Regional Chair Fisch appointed Regional Councillor Scarpitti as a member and Regional Councillor Heath as an alternate member to the Rouge Watershed Task Force.
 
 
43  PRIVATE SESSION
 
It was moved by Regional Councillor Wheeler, seconded by Mayor Grossi, that Council convene in Private Session, for the purpose of considering certain labour relations and legal matters.
Carried.
 
Council met in Private Session at 1:05 p.m. and reconvened in Council at 2:48 p.m.
 
 
44  North Leslie OMB Hearing
 
It was moved by Regional Councillor Wheeler, seconded by Mayor Di Biase, that:
1. the Ontario Municipal Board be requested to adjourn the hearing with respect to the North Leslie lands in Richmond Hill pending final legislative resolution of Bill 27 � the Greenbelt Protection Act, 2003.
 
2. the Regional Chair request the Minister of Municipal Affairs to direct counsel to appear at the OMB hearing in support of the adjournment request.
 
3.  the Regional Chair request the Minister of Municipal Affairs to take all necessary steps to stay the North Leslie OMB hearing once the Greenbelt Protection Act, 2003 comes into force until the Province clarifies which lands within the North Leslie Area will be included in the Province's Greenbelt Area.
Carried.
 
45  Pay Equity Memorandum of Settlement
 
It was moved by Mayor Black, seconded by Regional Councillor Jackson, that:
1. the Regional Chair write to the Minister of Children's Services and to the Association of Municipalities of Ontario (AMO) to support AMO's position on the increased Pay Equity funding obligation resulting from the Pay Equity Memorandum of Settlement, executed in 2003.
Carried.
 
46  Halton Recycling Limited Contract
 
It was moved by Regional Councillor Wheeler, seconded by Regional Councillor Scarpitti, that Council adopt the recommendations in Solid Waste Management Committee Report No. 2 as follows: 
1. Council accept the proposal from Halton Recycling Ltd. (HRL) to receive and process up to 60,000 tonnes/yr. of household source separated organics starting September 1st, 2004 and approximately 20,000 tonnes/yr. of yard waste starting April 1st, 2004 at their Newmarket facility for a term of two years plus three one year extensions at the discretion of the Region as outlined in this staff report and conditional upon approval of the required funding in the 2004 Regional budget.
 
2. The contract include provisions allowing the Region to terminate the contract should HRL fail to complete the proposed environmental upgrades to the facility or maintain compliance with required operational and environmental standards to the satisfaction of the Region.
 
3. The Regional Solicitor, in consultation with the Commissioner of Transportation and Works, be authorized to prepare the contract documents.
 
4. The Regional Chair and Clerk be authorized to execute the contract on behalf of the Region conditional upon approval of the required funding in the 2004 Regional budget.
 
5. Council request the nine local municipalities to commit by May, 2004 to eliminate the collection of yard waste in plastic bags upon renewal and/or extension of their associated collection contracts for implementation January 1, 2005.
 
6. Council request the nine local municipalities to finalize and report back to Regional Council by May, 2004 on the design and proposed implementation date of their collection systems for source separated organics with implementation occurring no later than July 1st, 2005.
 
7. The contract with Halton Recycling Ltd. be conditional upon the following:
1. The necessary work be done to correct any operational conditions which may lead to odour problems and that Town of Newmarket staff or its consultants be part of the process; and
 
2. Halton Recycling Ltd. be required on a pro rata basis to contribute to the extension of Harry Walker Drive to Mulock Drive.
8. The Town of Markham be requested to guarantee that it will provide the minimum tonnage required, which is 2,000 tonnes of Source Separated Organics per year, starting September 2004 for a period of five years.
 
9. York Region will guarantee to the Town of Markham that the Source Separated Organics Program will continue for at least five years starting in September 2004.
 
10. Staff be directed to renegotiate the put or pay clause and/or the rate for yard waste.
 
A recorded vote on the adoption of this motion was as follows:
 
FOR:  Black, Di Biase, Heath, Jackson, Scarpitti, Wheeler  (6)
 
AGAINST: Barrow, Bell, J. Jones, O'Donnell, Sherban (5)
Carried.
           
47  CONFIRMATORY BY-LAW
 
It was moved by Regional Councillor Barrow, seconded by Mayor Sherban, 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-0702-2004-012
To confirm the proceedings of Council at its meeting held on January 22, 2004.
Carried.
 
The Council meeting adjourned at  2:50 p.m.
 
______________________ 
Regional Clerk
 
 
 
Minutes confirmed and adopted at the meeting of Regional Council held on the 19th day of February, 2004.
 
______________________
Regional Chair
 
 
 
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