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[The following link opens a .pdf file of the Minutes]
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COUNCIL
OF
THE
June 24, 2010
Regional Council met at 9:32 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, Jackson, Morris, Scarpitti, Van Bynen
and Young
Regional Ferri, Frustaglio, Hogg, Jones, Landon, Rosati, Spatafora,
Councillor: Taylor, Virgilio and Wheeler
Staff: Davidson, Hulton, Kurji, Llewellyn-Thomas, Macgregor, Mahoney, Russell,
Urbanski and Tuckey
84 DISCLOSURES
None
85 MINUTES
[The following link opens the Minutes page]
It was moved by Mayor Young, seconded by Regional Councillor Frustaglio that Council confirm the Minutes of the Council meeting held on May 20, 2010 in the form supplied to the Members.
Carried
PRESENTATIONS
Council then received the following presentations:
86 FCM Sustainable Community Award
Regional Chair Fisch announced that the Region has received the 2010 Federation of Canadian Municipalities (FCM) Sustainable Community Award for its McCleary Court Community Environmental Centre (CEC) in
87 2010 Clean Air and Climate Change
Regional Chair Fisch and Regional Councillor Frustaglio announced that the Region has been recognized for efforts to improve local air quality and reduce greenhouse gas emissions at the Clean Air Partnership's Clean Air and Climate Change Summit held earlier this month.
Among the Region's initiatives are:
� promoting walking and biking through the Region's Pedestrian and Cycling Master Plan
� adopting a minimum of a LEED (Leadership in Energy and Environmental Design) Silver standard for all new buildings and retrofitting existing facilities to be more energy efficient
� managing more than 2,200 hectares of
� promoting water conservation through its award-winning Water for Tomorrow program
� encouraging people to leave their cars at home and take its Viva and YRT transit services
88 Appointment of
Regional Chair Fisch announced that the Region's General Manager of Social Services, David Rennie, was recently appointed President of the Ontario Municipal Social Services Association (OMSSA).
OMSSA is celebrating its 60th anniversary and promotes policy development and program delivery in the areas of children's services, affordable housing, homelessness prevention and social assistance.
Mr. Rennie's appointment carries forward a tradition of York Region staff members who have served as OMSSA presidents. Past York Region presidents have included former CAO Alan Wells, former Commissioner of Community and Health Services Joann Simmons and current Commissioner of Community and Health Services Adelina Urbanski (during her tenure with Halton Region). Joann Simmons was also honoured at the conference with a Lifetime Achievement Award for a legacy of contributions made over her 30-year career in municipal community services.
COMMUNICATIONS
Council considered the following communications:
[The following links open .pdf files of the Communications and the Report pages]
89 Local Immigration Partnership Initiative
Mayor Frank Scarpitti, Town of
It was moved by Mayor Emmerson, seconded by Regional Councillor Landon that Council receive the communication.
Carried
90 Keswick North Elevated Tank Class Environmental Assessment Study
(Clause 13 of Finance and Administration Committee Report No. 6.)
Jim Davidson, Commissioner of Corporate Services and Erin Mahoney, Commissioner of Environmental Services, June 21, 2010, regarding the Keswick North Elevated Tank Class Environmental Assessment Study.
It was moved by Mayor Grossi, seconded by Mayor Jackson that Council receive the communication and refer it to consideration of Clause 13 of Report No. 6 of the Finance and Administration Committee.
Carried
(see Minute No. 97)
91 International Fetal Alcohol Syndrome Awareness Day on September 9, 2010
Linda Wheeler, Co-Chair, Fetal Alcohol Syndrome Disorder Coalition of York Region, June 7, 2010, requesting that Council recognize International Fetal Alcohol Syndrome Awareness Day on September 9, 2010.
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Ferri that Council receive the communication and recognize International Fetal Alcohol Syndrome Awareness Day on September 9, 2010.
Carried
92 Update on 211 and its Potential Launch in
Adelina Urbanski, Commissioner of Community and Health Services, June 24, 2010 providing an update on 211 and its potential launch in York Region
It was moved by Mayor Grossi, seconded by Regional Councillor Frustaglio that Council receive the communication.
Carried
93 Appointment of an Associate Medical Officer of Health
(Bill No. 52)
Adelina Urbanski, Commissioner of Community and Health Services, June 22, 2010 regarding the appointment of an Associate Medical Officer of Health for the Region.
It was moved by Mayor Morris, seconded by Regional Councillor Virgilio that Council receive the communication and consider it in conjunction with Bill No. 52.
Carried
(See Minute No. 98 and By-law No. 2010-50.)
94 Request for Roadway Transfer,
City of
(Clause 17, Item 1 of Transportation Services Committee Report No. 6)
Kathleen Llewellyn-Thomas, Commissioner of Transportation Services, June 24, 2010, regarding Request for Roadway Transfer, Nashville Road - Highway 50 to Highway 27 - City of Vaughan
It was moved by Mayor Jackson, seconded by Mayor Van Bynen that Council receive the communication and refer it to consideration of Clause 17, Item 1 of Transportation Services Committee Report No. 6.
Carried
(See Minutes Nos. 98, 100 and 117.)
95 2010 Development Charges By-law Amendment - Proposed Rate Increases
(Report No. 3 of the Commissioner of Finance)
Jim Kirk, Malone Given Parsons Ltd., June 23, 2010, on behalf of Times Group Corporation regarding the 2010 Development Charges By-law Amendment - Proposed Rate Increases.
It was moved by Mayor Van Bynen, seconded by Regional Councillor Spatafora that Council receive the communication and refer it to consideration of Report No. 3 of the Commissioner of Finance.
Carried
(See Minute No. 98.)
96
(Clause 5 of Planning and Economic Development Committee Report No. 5)
ROPA 1
Fernando Lamanna, Deputy Clerk, Town of East Gwillimbury, June 15, 2010
ROPA 2
Templar Trinaistich, Senior Project Manager, Delta Urban Inc., June 16, 2010
Ken Schwenger, President, Kleinburg and Area Ratepayers' Association, June 17, 2010
Ken Schwenger, President, Kleinburg and Area Ratepayers' Association, June 14, 2010
It was moved by Mayor Young, seconded by Regional Councillor Frustaglio that Council receive the communications and refer them to consideration of Clause 5 of Planning and Economic Development Committee Report No. 5.
Carried
(See Minute No. 98.)
97
Regional Analysis of Draft Provincial Modifications and Further Submissions
(Clause 6 of Planning and Economic Development Committee Report No. 5)
James Kennedy, President, KLM Planning Partners Inc., on behalf of Casa Development Inc., June 23, 2010
Jeffrey Davies, Davies Howe Partners, on behalf of Rizmi Holdings Limited, June 23, 2010
Ms. Draga Barbir, Barbir & Associates, on behalf of Paul Jadilebovski, June 23, 2010
Templar Trinaistich, Senior Project Manager, Delta Urban Inc., on behalf of Giampaolo Investments Limited and Vinview Development Inc.
It was moved by Mayor Young, seconded by Regional Councillor Wheeler that Council receive the communications and refer them to consideration of Clause 6 of Planning and Economic Development Committee Report No. 5.
Carried
(See Minute No. 98.)
98 COMMITTEE REPORTS
It was moved by Mayor Van Bynen, seconded by Regional Councillor Hogg that Council resolve itself into Committee of the Whole to consider the following reports:
Report No. 2 of the Audit Committee
Report No. 5 of the Community and Health Services Committee
Report No. 6 of the Environmental Services Committee
Report No. 6 of the Finance and Administration Committee
Report No. 5 of the Planning and Economic Development Committee
Report No. 6 of the Transportation Services Committee
Report No. 2 of the Chief Administrative Officer
Report No. 3 of the Commissioner of Finance
Report No. 1 of the Commissioner of Planning and Development Services
Report No. 2 of the Commissioner of Corporate Services
Report No. 3 of the Commissioner of Corporate Services
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 links open the Report pages]
Report No. 2 of the Audit Committee
Report No. 5 of the Community and Health Services Committee
Report No. 6 of the Environmental Services Committee
Clause 3, regarding Update on Residual Waste Processing and Clause 11, regarding
(See Minutes Nos. 101, 102 and 103.)
Report No. 6 of the Finance and Administration Committee
Clause 6, regarding 2010 Development Charge By-law Amendment Proposed Rate Increases was received. See the adoption of Report No. 3 of the Commissioner of Finance.
Report No. 5 of the Planning and Economic Development Committee
Clause 2, regarding Three-Stream Waste Management in New High-Rise Residential Buildings was amended to include recommendation 4 as follows:
4. Council request the Ministry of Municipal Affairs and Housing to amend the Building Code to include mandatory three-stream waste management in high-rise residential buildings.
Clause 8, regarding the Proposed
1(a) Council request that the Province provide sufficient ongoing funding to support the implementation of the Lake Simcoe Protection Plan, including the phosphorous reduction components of the Plan.
Clause 12, regarding the Town of Markham Request for Deletion of Land from the Oak Ridges Moraine Conservation Plan, the Greenbelt Plan and Growth Plan was amended to include recommendation 3 as follows:
3. York Region requests, in conjunction with the Town of Markham, that the Minister of Municipal Affairs and Housing and the Minister of Energy and Infrastructure delete the subject lands from the Greenbelt Plan and effect a parallel amendment to the Growth Plan.
Report No. 6 of the Transportation Services Committee
Clause 17, Item 1, regarding Transfer of Nashville Road From the Region to the City of Vaughan was amended to refer it back to staff for a report to the September 8, 2010 meeting of the Transportation Services Committee.
(See Minutes Nos. 100 and 117.)
[The following links open .pdf files of the Reports]
Report No. 2 of the Chief Administrative Officer
Report No. 3 of the Commissioner of Finance
Report No. 1 of the Commissioner of Planning and Development Services
Report No. 2 of the Commissioner of Corporate Services, and
Report No. 3 of the Commissioner of Corporate Services
It was moved by Mayor Emmerson, seconded by Regional Councillor Wheeler that Council adopt the recommendations of the Committee of the Whole.
Carried
99 BY-LAWS
[The following links open .pdf files of the By-laws]
It was moved by Regional Councillor Virgilio, seconded by Regional Councillor Taylor that Council introduce and approve certain Bills in the form as noted on the Revised Agenda and enact them as By-laws.
To acquire certain lands for or in connection with constructing the Southeast Collector Sewer, in the Town of
To dedicate certain lands for the purposes of a public highway
To amend by-law no. R-629-79-109 to designate through highways
A By-law to amend By-law No. R-1329-2002-131 being a by-law to prescribe maximum rates of speed on
A By-law to amend By-law No. R-1320-2002-122 being a by-law to prescribe maximum rates of speed on
To amend By-law No. R-1102-96-100 to prohibit or regulate parking and stopping on Regional Roads
To Authorize the Borrowing Upon Debentures in The Principal Amount of $30,000,000.00 for a Purpose of The
To Authorize the Borrowing Upon Debentures in The Principal Amount of $14,300,000.00 for a Purpose of The
To Authorize the Borrowing Upon Debentures in The Principal Amount of $12,000,000.00 for a Purpose of The Town of
A by-law to delegate authority to the Regional Treasurer to establish "clawback" percentages for the 2010 taxation year for the commercial, industrial and multi-residential property classes
To amend By-law No. DC-0007-2007-040, as amended
To provide for the appointment of an Associate Medical Officer of Health
To authorize the borrowing upon sinking fund debentures in the principal amount of $200,000,000.00 ($122,000,000.00 of which amount may be raised by the issue of refinancing debentures on or before the maturity date) for the capital works of The Regional Municipality of York
Carried
OTHER BUSINESS
Council approved the introduction of the following motion by a two-thirds majority vote.
100 Transfer of Nashville Road, From Highway 50 to 27, to the City of Vaughan
It was moved by Mayor Jackson, seconded by Regional Councillor Frustaglio that:
1. Staff be authorized to prepare a by-law to enact a temporary truck ban on Nashville Road, from Highway 50 to Highway 27, in the City of Vaughan until October 1, 2010 pending a staff report to the Transportation Services Committee and Council in September 2010 on the implications of a potential transfer of that stretch of road from the Region to the City of Vaughan; and
2. Staff monitor and report back in September 2010 on the levels of truck traffic that are directed on to
Carried
(See Minute No. 117.)
101 PRIVATE SESSION
It was moved by Regional Councillor Jones, seconded by Regional Councillor Wheeler that Council convene in Private Session for the purpose of considering the following:
1. Private Report of the Finance and Administration Committee - Bus Facilities, Toronto-York Spadina Subway Extension, Project 90996, City of Vaughan - Land Acquisition
2. Private Report of the Finance and Administration Committee - Land Exchange for Toronto-York Spadina Subway Extension Project 90996, City of
3. Private Report of the Audit Committee - Status Update: Avero Security (GTA1) Inc. - Solicitor-Client and Potential Litigation
4. Private Report of the Environmental Services Committee -
5. Private Memorandum - Environmental Services Committee - Agreement for Residual Waste Processing - Solicitor-Client
6. Private Report of the Commissioner of Environmental Services - Residual Waste and Source Separated Organics Contingency - Potential Litigation
7. Private Memorandum of the Regional Solicitor -
8. Private Report of the Commissioner of Finance - Development Charges - Potential Litigation
9. Private Attachment - Report No. 3 of the Commissioner of Corporate Services - Acquisition of Land Highway 7 - Yonge Street to Warden Avenue (H3) VivaNext Project 90773 - Land Acquisition
10. Private Report of the Chief Administrative Officer - Legal Action Regarding 2005 Memorandum of Understanding � Litigation
11. Private Attachment - Clause 14 of Finance and Administration Committee Report No. 6 - Expropriation Settlement and Land Acquisition York Region Rapid Transit Corporation Davis Drive Project 90991, Town of Newmarket - Land Acquisition
12. Private Report of the Chief Administrative Officer - CUPE 905 (
13. Private Report of the Commissioner of Transportation Services - Southeast Division Bus Operations and Maintenance Contract - Security of Municipal Property and
14. Clause 3 of Environmental Services Committee Report No. 6, Update on Residual Waste Processing - Solicitor-Client
15. Clause 11 of Environmental Services Committee Report No. 6,
Carried
Council met in Private Session at 1:10 p.m. and reconvened in Council at 3:29 p.m.
It was moved by Regional Councillor Wheeler, seconded by Regional Councillor Virgilio that Council rise and report from Private Session.
Carried
[The following links open the Report pages]
102 Update on Residual Waste Processing
(Clause 3 of Environmental Services Committee Report No. 6)
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Virgilio that Council adopt the recommendations in Clause 3 of Environmental Services Committee Report No. 6.
Carried
103
(Clause 11 of Environmental Services Committee Report No. 6)
It was moved by Regional Councillor Landon, seconded by Regional Councillor Spatafora that Council adopt the recommendations in Clause 11 of Environmental Services Committee Report No. 6.
Carried
104 Bus Facilities, Toronto-York Spadina Subway Extension, Project 90996, City of
It was moved by Regional Councillor Wheeler, seconded by Mayor Black that Council adopt the confidential directions to staff.
Carried
105 Land Exchange for Toronto-York Spadina Subway Extension Project 90996, City
of
It was moved by Regional Councillor Virgilio, seconded by Mayor Barrow that Council adopt the recommendations in the private report of the Finance and Administration Committee as follows:
1. The Commissioner of Corporate Services be authorized to negotiate and finalize the business terms of a land exchange agreement or other agreement with UPS, the Region and the City of
2. The Commissioner of Corporate Services be authorized to negotiate and finalize the business terms of any required agreements between the Region and the City of Vaughan for the transfer of the storm water management pond lands at Steeles Avenue and Jane Street for the purpose of the land exchange with UPS and for the transfer of lands acquired from UPS to the City of Vaughan for new road infrastructure.
3. The Commissioner of Corporate Services be authorized to negotiate and finalize the business terms of any required agreements with the Region, the City of Vaughan and the Toronto Region Conservation Authority (TRCA) for the delivery, funding arrangements (including front-ending and development charge credit agreements as appropriate), and management of new storm water management facilities on the TRCA lands at Black Creek.
4. Upon finalizing each of the above business terms, the Commissioner of Corporate Services be authorized to execute the necessary legal agreements on behalf of the Region, subject to the prior review of Legal Services.
Carried
106 Status Update: Avero Security (GTA1) Inc.
It was moved by Mayor Emmerson, seconded by Regional Councillor Jones that Council receive the private report of the Audit Committee.
Carried
107
Update - Project 76335
It was moved by Mayor Barrow, seconded by Regional Councillor Hogg that Council adopt the recommendations in the private report of the Environmental Services Committee as follows:
1. The Region be authorized to enter into a lease for a ten-year term, commencing on March 1, 2011 with The Corporation of the Town of Richmond Hill, for Environmental Services, located at 1200 Elgin Mills Road, 1st Floor, in the Town of Richmond Hill, consisting of 7,591 square feet.
2. The Region be authorized to enter into a Shared-Use and Access agreement with the Corporation of the Town of
3. The Commissioner of Corporate Services be authorized to sign a lease extension agreement with the Town, if required, for two additional periods of up to five (5) years each, at a rental rate to be agreed by the Region and the Town, for the above-noted lease.
4. The Region request that the Town of
Carried
108 Agreement for Residual Waste Processing
It was moved by Regional Councillor Wheeler, seconded by Regional Councillor Spatafora that Council receive the private memorandum from Senior Counsel.
Carried
109 Residual Waste and Source Separated Organics Contingency
It was moved by Regional Councillor Landon, seconded by Regional Councillor Ferri that Council adopt the recommendations in the private report of the Commissioner of Environmental Services as follows:
1. Regional Council authorize sole source procurement of contingency landfill capacity from Niagara Waste Systems Limited at an upset limit fee of $5,760,000 for a period of three years plus two additional one year terms, commencing on June 28, 2010, with an option to renew for an additional five years;
2. Regional Council authorize the Commissioner of Environmental Services to negotiate contract extensions within the scope of the terms of the agreement.
Carried
110
It was moved by Mayor Barrow, seconded by Mayor Emmerson that Council receive the private memorandum of the Regional Solicitor.
Carried
111 Development Charges
It was moved by Regional Councillor Jones, seconded by Regional Councillor Virgilio that Council adopt the recommendations in the private report of the Commissioner of Finance, including recommendations 2a) and 2b) as follows:
2a) the existing deferral policy for high-rise residential be extended to also include high-rise office development; and
2b) the prepayment policy approved by Regional Council April 22, 2010 be amended to allow for mixed-use high-rise development to prepay development charges as outlined below:
Specific projects be allowed to pay their development charges prior to the actual issuance of the building permit and retain all of the existing deferrals that are available through Regional policies subject to the following:
1. 25% of the development charges payable be paid in cash up-front;
2. 75% of the development charges to be secured at the time of execution of the prepaid agreement or to the satisfaction of the Commissioner of Finance;
3. the building permit must be issued within 18 months (if not there would be a requirement to pay the difference between the rates in place when the building permit is actually issued and the rates paid originally);
4. the Region will provide a deferral for high-rise office development for 18 months; and
5. the applicant agrees to not appeal the current development charge by-law amendment
Carried
112 Acquisition of
Project 90773
It was moved by Regional Councillor Landon, seconded by Mayor Van Bynen that Council receive the private attachment to Report 3 of the Commissioner of Corporate Services.
Carried
113 Legal Action Regarding 2005 Memorandum of Understanding
It was moved by Regional Councillor Taylor, seconded by Mayor Morris that Council adopt the recommendations in the private report of the Chief Administrative Officer.
Carried
114 Expropriation Settlement and Land Acquisition
Corporation
It was moved by Mayor Van Bynen, seconded by Regional Councillor Taylor that Council receive the confidential attachment to Clause 14 of Finance and Administration Committee Report No. 6.
Carried
115 CUPE 905 (
It was moved by Mayor Black, seconded by Regional Councillor Wheeler that Council adopt the recommendation in the private report of the Chief Administrative Officer.
Carried
116 Southeast Division Bus Operations and Maintenance Contract - Security of
Municipal Property and
It was moved by Regional Councillor Jones, seconded by Regional Councillor Landon that Council receive the private report of the Commissioner of Transportation Services and adopt the following:
1. the Region extend its contract with Miller Transit Ltd for an additional six months from April 2, 2011 on condition that the lease for the facilities located at 8050 Woodbine Ave. be extended for an additional six months, and continue with negotiations with Miller; and
2. in the event that negotiations are not successful in the next three weeks, staff be authorized to issue a Request for Proposal for the south-east division bus operations and maintenance contract.
Carried
BY-LAW
117 Nashville Road Heavy Truck Prohibition
It was moved by Regional Councillor Landon, seconded by Regional Councillor Spatafora that Council permit the introduction of a Bill to prohibit heavy trucks on
Carried on a two-thirds majority vote
It was then moved by Regional Councillor Ferri, seconded by Regional Councillor Virgilio that Council approve Bill No. 54 and enact it as a By-law.
[The following link opens a .pdf file of the By-law]
To amend By-Law No. R-1017-93-112 which prohibits heavy trucks on Regional Roads
Carried
118 CONFIRMATORY BY-LAW
It was moved by Mayor Morris, seconded by Regional Councillor Virgilio that Council enact the following by-law to confirm the proceedings of this meeting of Council.
[The following link opens a .pdf file of the By-law]
By-law No. 2010-53
To confirm the proceedings of Council at its meeting held on June 24, 2010.
Carried
The Council meeting adjourned at 3:40 p.m.
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Regional Clerk
Minutes confirmed and adopted at the meeting of Regional Council held on September 23, 2010.
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Regional Chair