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[The following link opens a .pdf file of this page]
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COUNCIL
OF
THE
May 21, 2009
Regional Council met at 9:33 a.m. in the Council Chambers, York Region Administrative Centre, 17250 Yonge Street, Newmarket, with Regional Chair Fisch presiding.
The following were present at this Meeting:
Mayor: Barrow, Black, Emmerson, Grossi, Morris, Van Bynen and Young
Regional Ferri, Frustaglio, Heath, Hogg, Jones, Landon,
Councillor: Spatafora, Taylor, and Wheeler
Staff: Davidson, Hulton, Kurji, Llewellyn-Thomas, Macgregor, Mahoney,
Russell, Simmons and Tuckey
58 MINUTES
[The following link opens the Minutes page]
It was moved by Mayor Grossi, seconded by Regional Councillor Hogg that Council confirm the Minutes of the Council meeting held on April 23, 2009 in the form supplied to the Members.
Carried
PRESENTATIONS
Council received the following presentations:
59 Delegation from
Regional Councillor Ferri introduced Deputy Mayor Gabriella Paolacci and Planning Director Assessore Roberto DeDonatis who are part of a delegation from the City of Sora, Italy, visiting their sister city, Vaughan. Deputy Mayor Paolacci addressed Council and brought greetings from Sora.
Regional Chair Fisch, Regional Councillor Ferri and Regional Councillor Frustaglio joined in presenting a token of appreciation on behalf of the Region to Deputy Mayor Paolacci and Mr. DeDonatis.
60 National Public Works Week Challenge
Regional Chair Fisch congratulated Mayor James Young for winning the Mayor's challenge in the driving competition during National Public Works Week on May 20, 2009. He also thanked Mayor David Barrow of the Town of
61 2009 Bob Hartwell Runners' Challenge
Mayor Morris indicated that the Towns of Aurora and
62 Retirement � Don Gordon
Regional Chair Fisch announced the upcoming retirement of Don Gordon, General Manager, York Region Transit and thanked Don, on behalf of Council, for his yeoman's work in the development of the transit system in York Region and for his contributions to the Town of
[Click here to view a .pdf file of the following Communications]
Council considered the following communications:
63 English as a Second Language Week
December 6 to December 12, 2009
Susan Richarz, President, TESL North York/York Region, requesting that Council recognize December 6 to 12, 2009 as "English as a Second Language Week".
It was moved by Regional Councillor Hogg, seconded by Regional Councillor Spatafora that Council receive the communication and recognize December 6 to 12, 2009 as "English as a Second Language Week".
Carried
64 Annual Persechini Run/Walkathon
May 31, 2009,
Lorella (Lory) Paterson, District Manager, Easter Seals Ontario, May 8, 2009, regarding the Annual Persechini Run/Walkathon and requesting deputant status for Mr. Mike Smith, Executive Committee Chairperson.
It was moved by Mayor Emmerson, seconded by Mayor Morris that Council receive the communication and grant deputant status to Mr. Smith.
Carried
65 Hunger Awareness Day
June 2, 2009
Joan Stonehocker, Executive Director, York Region Food Network, May 12, 2009, requesting that June 2, 2009 be recognized as "Hunger Awareness Day" and requesting deputant status.
It was moved by Regional Councillor Ferri, seconded by Mayor Young that Council receive the communication, recognize June 2, 2009 as "Hunger Awareness Day" and grant deputant status to Ms. Stonehocker.
Carried
66 2009 Accessibility Plan
National Access Awareness Week
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Wheeler that Council grant deputant status to Donna Hardaker, York Region Accessibility Advisory Committee member.
Carried
DEPUTATIONS
Council then heard the following deputation:
67 Annual Persechini Run/Walkathon
Mr. Mike Smith, Executive Committee Chairperson addressed Council regarding the Annual Persechini Run/Walkathon to be held at the Upper Canada Mall in
It was moved by Mayor Van Bynen, seconded by Regional Councillor Landon that Council receive the deputation and encourage everyone to participate in Annual Persechini Run/Walkathon.
Carried
68 2009 Accessibility Plan
National Access Awareness Week and Invisible Disabilities
Donna Hardaker, York Region Accessibility Advisory Committee Member, addressed Council regarding the 2009 Accessibility Plan, National Access Awareness Week and Invisible Disabilities. She indicated that over the past six years of accessibility planning, York Region has addressed over 500 barriers to accessibility. This year's plan addresses 77 initiatives to remove barriers. Ms. Hardaker thanked Council for recognizing May 24 � 30, 2009 as National Access Awareness Week, and noted that she will be facilitating a session for staff next week on one of the least understood and invisible disabilities, mental illness.
It was moved by Regional Councillor Spatafora, seconded by Mayor Grossi that Council receive the deputation and congratulate the Committee and staff for their work on the plan.
Carried
69 Hunger Awareness Day
Joan Stonehocker, Executive Director, York Region Food Network, addressed Council regarding the recognition of June 2, 2009 as "Hunger Awareness Day". She indicated that there are food banks located that help a total of over 4,000 residents a month in all nine municipalities in York Region. Food bank access has increased by 29% in the Region in the first four months this year compared to the same period in 2008, and the number of new families has increased by 51% in the same period. Ms. Stonehocker also thanked the Region for its continued support of the community gardens in the Eldred King Parkette and invited members to participate in the lunch and learn event on June 2, 2009 at the York Region Food Network offices in
It was moved by Mayor Grossi, seconded by Regional Councillor Hogg that Council receive the deputation.
Carried
70 COMMITTEE REPORTS
It was moved by Mayor Barrow, seconded by Regional Councillor Landon that Council resolve itself into Committee of the Whole to consider the following reports:
Report No. 4 of the Community Services and Housing Committee
Report No. 6 of the Rapid Transit Public/Private Partnership Steering Committee
Report No. 3 of the Solid Waste Management Committee
Report No. 6 of the Transit Committee
Report No. 5 of the Transportation and Works Committee
Report No. 3 of the Commissioner of Finance
Report No. 4 of the Commissioner of Finance
Report No. 5 of the Commissioner of Finance
Report No. 6 of the Commissioner of Finance
Report No. 1 of the Commissioner of Community and Health Services and the Commissioner of Finance
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. 4 of the Community Services and Housing Committee, with the following amendment:
Clause 6, regarding Access-Ability: York Region's 2009 Accessibility Plan � adoption of the recommendations contained in the report dated May 5, 2009, from the Commissioner of Community and Health Services, with the following additional recommendation:
4. The Regional Clerk forward this report to the Clerks of the local municipalities and to the appropriate provincial authorities.
Report No. 6 of the Rapid Transit Public/Private Partnership Steering Committee
Report No. 3 of the Solid Waste Management Committee
Report No. 6 of the Transit Committee
Report No. 5 of the Transportation and Works Committee
[The following links open .pdf files of the Reports and Attachments]
Report No. 3 of the Commissioner of Finance
Report No. 4 of the Commissioner of Finance
Report No. 5 of the Commissioner of Finance
Report No. 6 of the Commissioner of Finance
Report No. 1 of the Commissioner of Community and Health Services and the Commissioner of Finance
This report was referred to Private Session � land acquisition. See Minutes Nos. 74 and 79.
It was moved by Mayor Grossi, seconded by Mayor Black that Council adopt the recommendations of the Committee of the Whole.
Carried
71 BY-LAWS
[The following links open .pdf files of the By-laws]
It was moved by Mayor Black, seconded by Regional Councillor Ferri that Council introduce and approve certain Bills in the form as noted on the Agenda and enact them as By-laws.
To stop up and close a portion of
To authorize the borrowing upon instalment debentures in the aggregate principal amount of $31,906,000.00 (five year instalment debentures in the principal amount of $3,111,000.00 and ten year instalment debentures in the principal amount of $28,795,000.00) for purposes of The Regional Municipality of York.
To authorize the borrowing upon instalment debentures in the principal amount of $8,094,000.00 for purposes of the Corporation of the City of
To provide for the borrowing of the aggregate of the principal amounts authorized by by-laws numbered 2009-26 and 2009-27 and for the issuing of one series of instalment debentures therefor in the aggregate principal amount of $40,000,000.00.
A by-law to authorize certain Capital Works of The Regional Municipality of York (the "Municipality"); to authorize the submission of an application to the Ontario Infrastructure Projects Corporation ("OIPC") for financing such Capital Works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures
Carried
OTHER BUSINESS
72 AMO Board of Directors
Regional and Single-Tier Caucus
It was moved by Regional Councillor Frustaglio, seconded by Mayor Morris that the Council of the Regional Municipality of York consents to Regional Chair Bill Fisch running for the 2009 � 2010 AMO Board of Directors Regional and Single Tier Caucus.
Carried
73 Speed Limit Revision
Mayor Grossi requested that Council waive notice requirements and consider the matter of raising the speed limits on a certain portion of
74 PRIVATE SESSION
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Wheeler that Council convene in Private Session for the purpose of considering the following:
1. Private Report of the Commissioner of Finance � Finalization of the Ninth Line By-Pass/Box Grove, Development Charge Credit Request, Town of Markham � Solicitor Client.
2. Private Memo from Sean Love, Counsel, Environmental Law � The Donald Cousens Parkway Individual Environmental Assessment and the Town of Markham's Request to Construct a Local Municipal Road in the Community of Box Grove from Highway 407 to the Ninth Line By-Pass � Solicitor-Client.
3. Private Report of the Transit Committee �
4. Private Report of the Commissioner of Finance and the Regional Solicitor � Settlement of the Harvest Hills/Minto Development � Charge Complaint Appeal � Solicitor-Client.
5. Report No. 1 of the Commissioner of Community and Health Services and the Commissioner of Finance � Loan Request �
Carried
Council met in Private Session at 11:42 a.m. and reconvened in Council at 12:47 p.m.
It was moved by Regional Councillor Ferri, seconded by Mayor Morris that Council rise and report from Private Session.
Carried
75 Finalization of the Ninth Line By-Pass/Box Grove
Development Charge Credit Request
Town of
It was moved by Mayor Van Bynen, seconded by Regional Councillor Jones that Council adopt the recommendations contained in the private report of the Commissioner of Finance, dated May 21, 2009 as follows:
1. Council authorize a final development charge ("DC") credit in the amount $945,421 (88%) for the growth-related component (development charge) and a payment of $128,921 (12%) for the non-growth component (tax levy) of the proposed road works undertaken by Box Grove Developer Group in the Town of
2. The Regional Treasurer be authorized to fund the growth component of the development charge credit totalling $945,421 from the Regional road DC previously collected from the developer through buildout of the subdivision within the Box Grove Community area, subject to receipt of the final release from the Box Grove Developer Group.
3. The Regional Chair and the Clerk be authorized to execute any release documents required by as a result of the settlement.
Carried
The balance of the report to remain private under the provisions of the Municipal Act as it is subject to Solicitor-Client Privilege.
76 The
Markham's Request to Construct a Local Municipal Road in the Community of Box Grove from Highway 407 to the Ninth Line By-Pass
It was the direction of Council that this item be deferred to the June 11, 2009 Finance and Administration Committee meeting.
77
Bus Advertising Contract Settlement
It was moved by Regional Councillor Landon, seconded by Mayor Morris that Council adopt the recommendations contained in the private report of the Commissioner of Transportation Services and Regional Solicitor, dated May 14, 2009 as follows:
1. The Region enter into a new bus advertising contract for a term expiring on September 30, 2015 with 1351731 Ontario Inc. (operating as Durham Promotions International) limited to the placement of traditional vinyl advertising on York Region Transit buses which will replace the Region's existing contract with Durham Promotions International dated as of October 1, 2005 (the "October 2005 Contract" or the "Contract"), in accordance with the terms and provisions more particularly set forth in this report.
2. The Region approve the terms of an interim Memorandum of Understanding with Durham Promotions International, dealing with a number of operational issues arising out of the vinyl advertising, the terms of which can then be incorporated into the new bus vinyl advertising contract with Durham Promotions International.
3. The Region enter into a five-year agreement with Byte Media Inc. for the provision of the existing Innovative Media services pertaining to video screens on Viva buses, in accordance with the terms and provisions more particularly set forth in this report.
4. The Region purchase from Byte Media Inc. all rights, licences and title to any and all technical infrastructure relating to innovative media, including on-board LCD video screens and software previously developed by Byte Media Inc. for the video screens under the October 2005 Contract between the Region and
5. The Region execute and deliver separate Minutes of Settlement with each of
6. The Region execute and deliver a Full and Final Mutual Release with each of
7. The Regional Chair and Regional Clerk be authorized to execute the above documents on the Region's behalf, subject to the prior review of Legal Services, together with any ancillary documents with respect thereto.
Carried
The balance of the report to remain private under the provisions of the Municipal Act as it pertains to Potential Litigation and is subject to Solicitor-Client Privilege.
78 Settlement of the Harvest Hills/Minto Development
Charge Complaint Appeal
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Jones that Council adopt the recommendations contained in the private report of the Commissioner of Finance and the Regional Solicitor, dated May 21, 2009 as follows:
1. The complaint filed against the Region pursuant to the Development Charges Act, 1997, by Harvest Hills/Minto be settled substantially in accordance with the terms and conditions outlined in the report.
2. The Regional Solicitor be authorized to execute minutes of settlement substantially in accordance with the terms and conditions outlined in the report, to the satisfaction of the Commissioner of Finance.
Carried
The balance of the report to remain private under the provisions of the Municipal Act as it is subject to Solicitor-Client Privilege.
[The following link opens a .pdf file of the Report and Attachment]
79 Loan Request �
(Report No. 1 of the Commissioner of Community and Health Services and the Commissioner of Finance)
It was moved by Regional Councillor Ferri, seconded by Mayor Morris that Council adopt Report No. 1 of the Commissioner of Community and Health Services and the Commissioner of Finance, dated May 21, 2009, including the following recommendation:
1. The Region lend
Carried
80 CONFIRMATORY BY-LAW
[The following link opens a .pdf file of the By-law]
It was moved by Regional Councillor Wheeler, seconded by Mayor Black that Council enact the following by-law to confirm the proceedings of this meeting of Council.
By-law No. 2009-30
To confirm the proceedings of Council at its meeting held on May 21, 2009.
Carried
The Council meeting adjourned at 12:53 p.m.
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Regional Clerk
Minutes confirmed and adopted at the meeting of Regional Council held on June 25, 2009.
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Regional Chair