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COUNCIL
OF
THE
November 15, 2007
Regional Council met at 9:34 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, Scarpitti, Van Bynen and Young
Regional Ferri, Frustaglio, Heath, Jones, Landon, Rosati, Spatafora, Taylor
Councillor: Wheeler, and Wong
Staff: Davidson, Hulton, Jankowski, Korolnek, Kurji, Macgregor, Russell, Simmons,
Tuckey
PRESENTATIONS
167 Solid Waste Association of
Andrew Campbell, Director of Solid Waste Management, advised Council that the Solid Waste Association of North America (SWANA) recently awarded the Region with its Gold Award for the Region's 2006 Household Hazardous Waste promotion and education campaign.
Regional Councillor Landon had previously accepted the SWANA award at the 2007 WASTECON Conference. Regional Councillor Ferri, Chair of the Solid Waste Management Committee, and Regional Councillor Heath, Vice-Chair of the Committee, accepted the award today on behalf of Regional Council. Regional Chair Fisch congratulated all staff members who were involved in the promotion and education campaign.
168 2007 Masonry Masterpiece Awards
Regional Chair Fisch advised that the Region was recently awarded the 2007 Masonry Masterpiece Award from the Masonry Association of Ontario in honour of the Regional Administrative Centre. Regional Chair Fisch noted that four current members of Regional Council were on Council at the time of the opening of the Regional Administrative Centre, being Mayor Scarpitti and Regional Councillors Landon, Rosati and Wheeler.
Regional Chair Fisch congratulated all Members of Council and staff members who were involved with the construction and opening of the Regional Administrative Centre on a job well done.
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169 MINUTES
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Rosati, that the Minutes of the Council meeting held on October 18, 2007 be confirmed in the form supplied to the Members.
Carried
170 COMMITTEE REPORTS
The following reports were presented for the consideration of Council:
Report No. 4 of the Audit Committee
Report No. 9 of the Community Services and Housing Committee
Report No. 9 of the Finance and Administration Committee
Report No. 3 of the Joint Rapid Transit Public/Private Partnership Steering Committee and the Transit Committee
Report No. 9 of the Planning and Economic Development Committee
Report No. 10 of the Solid Waste Management Committee
Report No. 8 of the Transit Committee
Report No. 9 of the Transportation and Works Committee
Report No. 1 of the Regional Solicitor (Deferred from the Regional Council meeting of October 18, 2007)
It was moved by Regional Councillor Landon, seconded by Mayor Van Bynen, 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:
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Report No. 4 of the Audit Committee be adopted without amendment;
Report No. 9 of the Community Services and Housing Committee be adopted without amendment;
Report No. 9 of the Finance and Administration Committee be adopted without amendment;
Clause 7 relating to a proposed amendment to the Purchasing By-law, was referred to Private Session to consider the confidential memorandum (October 23, 2007) mentioned in the Clause. See Minute No. 175.
Report No. 3 of the Joint Rapid Transit Public/Private Partnership Steering Committee and the Transit Committee be adopted without amendment;
Report No. 9 of the Planning and Economic Development Committee be adopted without amendment;
Report No. 10 of the Solid Waste Management Committee be adopted with the following amendment:
Clause 2, relating to 2008 Waste Management User Fees be referred back to the Committee and be forwarded to staff members at the local municipalities for comment
See Minute No. 171 for Motion relating to Clause 5, Item 3, regarding the Certificate of Approval amendment for 10525 Keele Street - Waste Excellence Corporation.
Report No. 8 of the Transit Committee be adopted without amendment;
Clause 3, relating to
Report No. 9 of the Transportation and Works Committee be adopted without amendment;
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Report No. 1 of the Regional Solicitor was adopted with the following amendment:
The report from the Regional Solicitor regarding the application by Leon's Furniture Limited for exemption under the Retail Business Holidays Act for its location at
It was moved by Regional Councillor Wheeler, seconded by Regional Councillor Jones, that Council adopt the recommendations of the Committee of the Whole.
Carried
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171 MOTION - CERTIFICATE OF APPROVAL AMENDMENT �
(Clause 5, Item 3 of Solid Waste Management Committee Report No. 10)
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Frustaglio:
Whereas Waste Excellence Corporation owns and operates a waste transfer and processing station located at
And Whereas Regional Council adopted a position with respect to the current Provisional Certificate of Approval in Report No. 2 of the Solid Waste Management Committee on March 23, 2006;
And Whereas Waste Excellence Corporation has requested that its Provisional Certificate of Approval be amended to increase the size and scope of its operation;
And Whereas the City of Vaughan strenuously objects to the changes requested to the Provisional Certificate of Approval issued to Waste Excellence Corporation and requests that the MOE reject the proposed changes as outlined in Item 7, Report No. 48 of the Committee of the Whole, City of Vaughan;
And Whereas the City of
And Whereas the commenting period for the application by Waste Excellence Corporation to the Ministry of the Environment closed on October 18, 2007;
Now Therefore Be It Resolved that The
1. Receive the correspondence from the City of
2. Support the recommendations adopted by the City of
3. Request that the Ministry of the Environment proactively enforce all conditions of the current Certificate of Approval before considering any amendments to the Certificate of Approval; and
4. Forward this resolution to the Ministry of the Environment and the City of
Carried Unanimously
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172 BY-LAWS
It was moved by Mayor Grossi, seconded by Mayor Van Bynen, that certain Bills be introduced and approved in the form as noted on the Revised Agenda, and enacted as By-laws.
By-law No. RD-0539-2007-078
To dedicate certain lands for the purposes of public highways
By-law No. R-1471-2007-079
To acquire certain lands for or in connection with the widening and reconstruction of
Bill No. 78 NOT ADOPTED
A by-law to amend By-law No. LI-8-95-76 to permit retail business establishments to be open on holidays (Deferred from Regional Council Meeting on October 18, 2007)
By-law No. D-0191-2007-081
A by-law to authorize the borrowing upon 3 year instalment debentures in the principal amount of $25,271,000.00 and 10 year term debentures in the principal amount of $71,520,000.00 (in the aggregate principal amount of $96,791,000.00) for the purposes of The Regional Municipality of York;
By-law No. D-0192-2007-082
A by-law to authorize the borrowing upon 3 year instalment debentures in the principal amount of $1,229,000.00 and 10 year term debentures in the principal amount of $3,480,000.00 (in the aggregate principal amount of $4,709,000.00) for the purposes of The Corporation of the City of Vaughan; and
By-law No. D-0193-2007-083
A By-law to authorize the borrowing of the aggregate of the principal amounts authorized by By-laws Nos. D-0191-2007-081 and D-0192-2007-082 in the aggregate principal amount of $101,500,000.00 and the issuing of one series of instalment debentures and term debentures therefor
By-law No. NOT ADOPTED
A by-law to establish fees for waste management services in The Regional Municipality of York
By-law No. A-0353(b)-2007-084
To amend By-law No. A-0353-2004-089 governing the procurement of goods and services
173 PRIVATE SESSION
It was moved by Regional Councillor Wheeler, seconded by Mayor Grossi, that Council convene in Private Session for the purpose of considering the following:
1. Private Report of the Finance and Administration Committee � Update on Development Charges Collected � Litigation Matter
2. Private Attachment � Clause 7, Report No. 9 of the Finance and Administration Committee � Proposed Amendments to By-law A-0353-2004-088 (The "Purchasing By-law") � Solicitor-Client
3. Private Report of the Community Services and Housing Committee � Contingent Allocation of Capital Funding to
4. Private Attachment � Clause 2, Report No. 9 of the Community Services and Housing Committee - Community Development and Investment Fund Strategy: Request for Approval of Recommended 2008 Projects � Security of Municipal Property
5. CUPE 905 Negotiations Update � Labour Relations
6. Private Report of Regional Solicitor and General Manager, Roads � 7751 Yonge Street Access Location on Thornhill Summit Drive � Solicitor-Client
7.
8. Clause 3 of Transit Committee Report No. 8, relating to York Region Transit � Transit By-
law Enforcement within the City Of
Carried
Council met in Private Session at 11:20 a.m. and reconvened in Council at 1:01 p.m.
It was moved by Mayor Van Bynen, seconded by Mayor Grossi, that Council rise and report from Private Session.
Carried
174 Regional Councillor Taylor declared an interest in a matter relating to the Greater Toronto
Airports Authority that was raised as an informational item in private session. Regional Councillor Taylor had left the private session and did not take part in any consideration or discussion of or vote on this matter.
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175 Amendment to By-law No. A-0353-2004-089 (The "Purchasing By-law"): Prohibiting
Contract Awards to Litigating Bidders
(Clause 7 of Finance and Administration Committee Report No. 9)
It was moved by Mayor Van Bynen, seconded by Mayor Grossi, that Council adopt the recommendation in Clause 7 of Finance and Administration Committee Report No. 9 as follows:
1. The Purchasing By-law be amended to:
(a) prohibit accepting bids and awarding or extending contracts to bidders who are in litigation with the Region where the amount in dispute exceeds $50,000 subject to the following exceptions:
(i) where there is only one supplier and the Chief Administrative Officer ("CAO") has approved the award;
(ii) in the case of an emergency where health, safety and/or the preservation of municipal infrastructure are at risk; and
(iii) when there is a legal obligation to enter into a contact such as a current contract or where there is an inter-municipal agreement.
(b) allow staff to exercise discretion to accept and open bids and award contracts to bidders who are in litigation with the Region where the amount in dispute does not exceed $50,000.
Carried
176
(Clause 3 of Transit Committee Report No. 8)
It was moved by Regional Councillor Jones, seconded by Regional Councillor Heath, that Council adopt the recommendations in Clause 3 of Transit Committee Report No. 8 as follows:
1. The City of
2. The Region enter into an agreement with the City of
3. Regional staff be authorized to request the Toronto Police Services Board to appoint York Region's Special Constables as Special Constables within the City of
4. The Region enter into an agreement with the Toronto Police Services Board governing the powers and duties of Special Constables within the boundaries of the City.
5. The Regional Chair and Regional Clerk be authorized to sign the agreements with the City of
6. The Regional Solicitor review and amend the Transit By-law, if necessary, to ensure enforceability within the City.
7. The Regional Clerk forward this report to the City of
Carried
177 Update on Development Charges Collected
It was moved by Regional Councillor Jones, seconded by Regional Councillor Frustaglio, that Council adopt the recommendation contained in the confidential report of the Finance and Administration Committee dated November 1, 2007, as follows:
1. The three requests for consideration to pay development charges at the old rate, received by Finance and Administration Committee on September 6, 2007, and reported to Council on September 27,2007, together with the additional request received directly by staff, be denied.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to solicitor-client privilege.
178 Contingent Allocation of Capital Funding to
It was moved by Mayor Scarpitti, seconded by Regional Councillor Jones, that Council adopt the recommendations contained in the confidential report of the Community Services and Housing Committee as follows:
1. Regional Council allocate $700,000 of Developing Opportunities for Ontario Renters funding to the East Markham Non-Profit Homes Inc. housing proposal in the Town of Markham should the Region be unable to secure sufficient funding allocation under the Canada-Ontario Affordable Housing Program.
2. The Region continues to pursue additional Canada-Ontario Affordable Housing Program funding allocation from the Province.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to the acquisition of land and the security of municipal property.
179
It was moved by Regional Councillor Jones, seconded by Mayor Grossi, that Council adopt the recommendations contained in the confidential report of the General Manager, Transit, and the Commissioner of Corporate Services, as amended, as follows:
1. The unsolicited proposal from Tokmakjian Inc. for the development of a bus storage and maintenance facility at
2. The Region enter into an agreement of purchase and sale for the purchase of 8300 Keele Street on the terms outlined in the term sheet, subject to the resolution of the holdback for environmental cleanup to the satisfaction of the Chief Administrative Officer.
3. The Regional Chair and Regional Clerk be authorized to execute the agreement on behalf of the Region and complete the transaction in accordance with the terms of the agreement.
Carried
The balance of the report to remain confidential under the provisions of the Municipal Act as it contains information pertaining to the acquisition of land.
RESOLUTION
180 Special Council Education Meeting, November 21 and 22, 2007
It was moved by Regional Councillor Frustaglio, seconded by Regional Councillor Ferri, that:
1. Regional Council hold a meeting that is closed to the public pursuant to subsection 239 (3.1) of the Municipal Act for the purpose of educating its Members on topics including the impact of new legislation, budget pressures and options, growth management, a strategic accommodation plan and transit matters; and
2. the meeting be held at the Kingbridge Centre,
Carried Unanimously
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181 CONFIRMATORY BY-LAW
It was moved by Mayor Scarpitti, seconded by Regional Councillor Wheeler, that the following by-law be enacted to confirm the proceedings of this meeting of Council.
By-law No. M-0744-2007-085
To confirm the proceedings of Council at its meeting held on November 15, 2007.
Carried
The Council meeting adjourned at 1:07 p.m.
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Regional Clerk
Minutes confirmed and adopted at the meeting of Regional Council held on the 13th of December.
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Regional Chair