MINUTES OF COUNCIL

 

OF

 

THE REGIONAL MUNICIPALITY OF YORK

 

December 11, 2003

 

Regional Council met at 9:35 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, Taylor and Young.

 

Regional Councillor: Barrow, Ferri, Frustaglio, Heath, Hogg, Jackson, Jones, O'Donnell,

         Scarpitti, Van Bynen, and Wheeler.

 

Staff: Cartwright, Davidson, Garrett, Jaczek, Schipper, Simmons, Sinclair, Tuckey.

 

 

DECLARATIONS

 

9          Mayor Black declared a fiduciary interest in a certain confidential legal matter involving the Region and the Township of King, left the meeting during consideration of this matter in private session, and did not take part in the consideration of or vote on this matter in private session.

(See Minute Nos. 19 and 20.)

 

 

PUBLIC MEETING

 

10         Plumbing and Drain Contractors

(Report No. 8 of the Commissioner of Health Services)

 

Pursuant to Section 150 of the Municipal Act, 2001, Regional Council held a public meeting regarding a proposed by-law authorizing the licensing of plumbing and drain contractors.

 

No members of the public addressed Council regarding this matter.

 

It was moved by Mayor Sherban, seconded by Regional Councillor Ferri, that Council conclude the public meeting.

Carried.

(See Minute Nos. 12 and 13.)

 

 

REGULAR MEETING

 

11         MINUTES

 

It was moved by Mayor Young, seconded by Mayor Jones, that the Minutes of the Council meetings held on the 20th day of November, 2003 and the 4th day of December, 2003 be confirmed in the form supplied to the Members.

Carried.

 

12         COMMITTEE REPORTS

 

Regional Councillor Barrow presented the following reports for the consideration of Council:

 

Report No. 8 of the Commissioner of Health Services

Report No. 9 of the Commissioner of Health Services

Report No. 6 of the Commissioner of Corporate Services

Report No. 9 of the Commissioner of Finance

Report No. 10 of the Commissioner of Finance

Report No. 11 of the Commissioner of Finance

Report No. 12 of the Commissioner of Finance

Report No. 13 of the Commissioner of Finance

Report No. 2 of the Commissioner of Community Services and Housing

Report No. 3 of the Commissioner of Community Services and Housing

 

It was moved by Regional Councillor Barrow, seconded by Regional Councillor Wheeler, 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. 8 of the Commissioner of Health Services be adopted without amendment;

 

Report No. 9 of the Commissioner of Health Services be adopted without amendment;

 

Report No. 6 of the Commissioner of Corporate Services be adopted without amendment;

 

Report No. 9 of the Commissioner of Finance be adopted with the following additional recommendations:

7. That all of the contracts noted in this report go through the formal tender process prior to any future renewals.

8. That the matter of Information Technology enhancements and their benefits and costs be referred to the Director of Internal Audit for a report to the Audit Committee.

Report No. 10 of the Commissioner of Finance be adopted without amendment;

 

Report No. 11 of the Commissioner of Finance be adopted without amendment;

 

Report No. 12 of the Commissioner of Finance be adopted without amendment;

 

Report No. 13 of the Commissioner of Finance be adopted with the following additional recommendation: 

2. That the Regional Chair send a letter to all Regional M.P.P.'s soliciting their support for this resolution.

Report No. 2 of the Commissioner of Community Services and Housing be adopted without amendment;

 

Report No. 3 of the Commissioner of Community Services and Housing be adopted with the following amendment:

That the reference to "$2.5 million granted by the Town of Richmond Hill" in Attachment 1, Page 1, Item 8 regarding Pathways for Children, Youth and Families of York Region (Markham office), be deleted.

It was moved by Regional Councillor Jones, seconded by Regional Councillor Jackson that Council adopt the recommendations of the Committee of the Whole.

Carried.

 

 

13 BY-LAWS

 

It was moved by Mayor Jones, seconded by Regional Councillor Frustaglio, 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. RD-0509-2003-002

To dedicate certain lands for the purposes of public highways

 

By-law No. B-0041-2003-003

A By-law to authorize the temporary borrowing of monies to meet the current expenditures of The Regional Municipality of York for the year 2004

 

By-law No. LI-0011-2003-004

A by-law authorizing the Licensing of Plumbing and Drain Contractors

Carried.

 

 

14 MOTIONS

 

Appointments to Committees

It was moved by Regional Councillor Scarpitti, seconded by Regional Councillor Ferri, that the Committees of Regional Council consist of and be composed of the following:

 

Accessibility Advisory Committee

 

Regional Councillor Frustaglio

Regional Councillor Wheeler

Regional Chair Fisch (ex officio)

Sharon Abrahams

Barbara Caiger

Kirsten Hill

Robert Hunn

Wilf Morley

Mary Ann Proulx

Trish Robichaud

Anwar Yussuf

 

Agricultural Advisory Liaison Group

 

Mayor Black

Mayor Young

Mayor Sherban

 

Audit Committee

 

Regional Councillor O'Donnell

Mayor Taylor

Regional Councillor Van Bynen

Regional Chair Fisch (ex officio)

 

Character Communities

 

Mayor Cousens

Mayor Jones

Mayor Sherban

Regional Chair Fisch (ex officio)

 

Community Services and Housing Committee

 

Regional Councillor Ferri

Mayor Grossi

Regional Councillor Heath

Regional Councillor Hogg

Regional Councillor Jackson

Mayor Sherban

Mayor Taylor

Regional Chair Fisch (ex officio)

 

Corporate Clean Air Task Force

 

Regional Councillor Frustaglio

Regional Councillor Hogg

 

Dewatering Complaint Review Committee

 

Regional Councillor Barrow

Regional Councillor Heath

Regional Councillor Jones

Regional Councillor O'Donnell

Regional Councillor Scarpitti

Mayor Sherban

Regional Chair Fisch (ex officio)

 

Finance and Administration Committee

 

Mayor Bell

Mayor Black

Mayor Cousens

Mayor Di Biase

Mayor Jones

Mayor Taylor

Mayor Young

Regional Chair Fisch (ex officio)

 

Health and Emergency Medical Services Committee

 

Regional Councillor Frustaglio

Mayor Grossi

Regional Councillor Heath

Regional Councillor Hogg

Regional Councillor Jackson

Regional Councillor Van Bynen

Regional Chair Fisch (ex officio)

 

Human Services Planning Coalition

 

Regional Councillor Frustaglio

Mayor Grossi

Regional Chair Fisch (ex officio)

 

Planning and Economic Development Committee

 

Regional Councillor Ferri

Regional Councillor Hogg

Regional Councillor O'Donnell

Regional Councillor Scarpitti

Mayor Sherban

Regional Councillor Van Bynen

Regional Councillor Wheeler

Mayor Young

Regional Chair Fisch (ex officio)

 

Rapid Transit Public/Private Partnership Steering Committee

 

Mayor Bell

Mayor Cousens

Mayor Di Biase

Regional Chair Fisch

Chair of Transit Committee

 

Solid Waste Management Committee

 

Regional Councillor Barrow

Mayor Bell

Regional Councillor Ferri

Regional Councillor Heath

Regional Councillor Scarpitti

Regional Councillor Wheeler

Regional Chair Fisch (ex officio)

 

Transit Committee

 

Regional Councillor Barrow

Mayor Black

Regional Councillor Jackson

Regional Councillor  Jones

Regional Councillor Scarpitti

Regional Councillor Van Bynen

Regional Chair Fisch (ex officio)

 

Transportation and Works Committee

 

Mayor Bell

Mayor Di Biase

Regional Councillor Jones

Mayor Jones

Regional Councillor O'Donnell

Mayor Sherban

Regional Councillor Wheeler

Regional Chair Fisch (ex officio)

 

Youth Advisory Committee

 

Regional Councillor Scarpitti

Mayor Young

Regional Chair Fisch (ex officio)

 

Additional Appointments

 

AND THAT the Regional Chair be authorized to make any additional appointments that are appropriate to Committees and report to Council on those appointments.

Carried.

 

15  Appointments to External Agencies, Boards and Commissions

 

It was moved by Mayor Young, seconded by Mayor Grossi, that the following appointments be made by Regional Council to External Agencies, Boards and Commissions for the term of Council:

 

Canadian National Exhibition

 

Mayor Grossi

 

Don Watershed Regeneration

 

Regional Councillor Hogg

 

Greater Toronto Marketing Alliance

 

Mayor Grossi

 

Highway 427 Extension

 

Regional Chair Fisch

 

Humber Watershed Alliance

 

Regional Councillor Jackson

 

Lake Simcoe Region Conservation Authority

 

Councillor Jack Rupke on behalf of Mayor Black (King)

Mayor Grossi (Georgina)

Councillor John West on behalf of Mayor Jones (Aurora)

Councillor Ken Ferdinands on behalf of Mayor Sherban (Whitchurch-Stouffville)

Mayor Taylor (Newmarket)

 

Councillor Virginia Hackson on behalf of Mayor Young (East Gwillimbury)

At large – (to be determined – January 2004)

 

Markham Stouffville Hospital

 

Regional Councillor Scarpitti

 

Rouge Park Alliance Executive

 

Regional Councillor Scarpitti

Regional Councillor Heath (Alternate)

 

Royal Agricultural Winter Fair

 

Mayor Young

 

Southlake Regional Health Centre

 

Mayor Black

Mayor Taylor

 

Toronto and Region Conservation Authority

 

Regional Chair Fisch

Regional Councillor Barrow

Councillor Linda Pabst on behalf of Mayor Black (Township of King)

Mayor Di Biase

Regional Councillor O'Donnell

 

York Central Hospital

 

Regional Councillor Barrow

Regional Councillor Frustaglio

 

York Region Abuse Program

 

Regional Councillor Jackson

 

York Region Police Services Board

 

Regional Councillor Barrow

Regional Councillor Wheeler

 

Additional Appointments

 

AND THAT the Regional Chair be authorized to make any additional appointments that are appropriate to Committees, External Agencies, Boards and Commissions and report to Council on those appointments.

Carried.

 

16         2004 Schedule of Council and Committee Meetings

 

It was moved by Mayor Young, seconded by Regional Councillor Ferri, that the 2004 Schedule of Council and Committee meetings be adopted as circulated.

Carried.

 

OTHER BUSINESS

 

17         Deputy Clerk

 

Regional Chair Fisch announced the upcoming retirement of Harold Brown, Deputy Clerk, effective December 31, 2003. Regional Chair Fisch thanked Mr. Brown for his years of service to the Region and wished him health and happiness in his retirement.

 

 

PRIVATE SESSION

 

18         It was moved by Regional Councillor Wheeler, seconded by Regional Councillor Scarpitti, that Council convene in Private Session, for the purpose of considering certain legal matters.

Carried.

 

Council met in Private Session at 11:12 a.m. and reconvened in Council at 11:58 a.m.

 

Declaration

 

19         Mayor Black declared a fiduciary interest in a certain confidential legal matter involving the Region and the Township of King, left the meeting during consideration of this matter in private session, and did not take part in the consideration of or vote on this matter in private session.

 

It was moved by Regional Councillor Scarpitti, seconded by Mayor Bell, that Council rise and report from Private Session.

Carried.

 

20         King City Litigation

 

It was moved by Mayor Taylor, seconded by Mayor Bell, that:

 

Whereas in excess of $600,000 has been spent by the Regional Municipality of York in legal and other costs defending its by-law that assumed the local sewage system in King City in the Township of King with intent to alleviate health concerns that may arise from defective private septic systems in the community;

 

And whereas the litigation in this matter was initiated by the Township of King;

 

And whereas the decision of Madam Justice Hoy of the Ontario Superior Court of Justice determined that the Region had attempted to take a cooperative approach with the Township of King;

 

And whereas the Court awarded to the Region a sum of $182,000 in legal costs;

 

And whereas it is deemed appropriate that the municipality that initiated these legal proceedings reimburse to the Region some of the Region's costs in defending its by-law; 

 

Therefore:

1. The Regional Chair and Regional Clerk be authorized to execute the agreement with the Township of King whereby the Township will abandon its appeal respecting the Region's by-law that assumed the King City Sewer system, and both parties agree to work together to complete the sewage servicing project.

 

2. Prior to award of the tenders for the construction of the sewage system, staff report further on:

i) the Township's proposed financial plan regarding funding the local share of the cost of the work;

ii) the detailed construction phasing plan;

iii) a community communications program.

 

3. Staff be authorized to reconvene discussions with developers within the community plan benefiting area to discuss contributions towards both the local and Regional share of costs.

 

4. The matter of the payment of legal costs be referred to the Finance and Administration Committee meeting of January 8, 2004.

Carried.

 

 

21         Oak Ridges Moraine Litigation

 

It was moved by Mayor Di Biase, seconded by Mayor Grossi, that:

1. Council hereby requests that the Minister of Municipal Affairs take immediate action:

a) To approve York Region Official Plan Amendment 41 (ROPA 41), including amendments to modify ROPA 41 to match Town of Aurora OPA 20, in relation to the Loukras lands only, consistent with:

i) Clause No. 1 embodied in Report No. 3 of the Planning and Economic Development Committee, adopted without amendment, by the Council of the Regional Municipality of York at its meeting held on March 27, 2003 (and in particular section 4.3.2.1); and

ii) the site specific approval by the Ontario Municipal Board in Decision No. 1276 dated September 12, 2003 wherein the Board stated that the Loukras lands "have been through an extensive public and planning process and their designation as Suburban Residential is the right one."

b) To clarify the purpose, intent and effect of the Oak Ridges Moraine Conservation Act, 2001 and resolve the conflict between the "conformity"  and "transition" provisions that include but are not limited to Sections 9, 10 (conformity) and 15 (transition) of the Act.

2. Legal staff be authorized to attend court in response to the Loukras application against the Regional Municipality of York and the Town of Aurora (Court File No. 69265/03) in which Loukras seeks to nullify ROPA 41 and Town of Aurora OPA 48 with respect to the Loukras lands, and for legal staff to argue that the court application is premature, pending approval by the Minister of Municipal Affairs of ROPA 41 and Aurora OPA 48.

 

3. Region staff report to the Finance and Administration Committee on January 8, 2004 to provide an update of the proceedings and seek additional instructions. 

 

4. Finance and Administration Committee be given authority to provide instructions on January 8, 2004 with respect to this matter on behalf of the Region.

 

5. Region staff shall continue to work with the applicant (Loukras) to resolve the Regional issues.

 

6. The Regional Clerk provide a copy of Regional Council Resolutions 1 and 2 above to the Minister of Municipal Affairs for the Province of Ontario, and request a response from the Minister.

Carried.

 

22         CONFIRMATORY BY-LAW

It was moved by Mayor Black, seconded by Mayor Bell, 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-00701-2003-005    

To confirm the proceedings of Council at its meeting held on December 11, 2003.

 

Carried.

 

The Council meeting adjourned at 12:03 p.m.

Regional Clerk

 

Minutes confirmed and adopted at the meeting of Regional Council held on the 22nd day of January 2004.

Regional Chair