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MINUTES OF COUNCIL
 
OF
 
THE REGIONAL MUNICIPALITY OF YORK
 
September 18, 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, Emmerson, Holec, Jones, Taylor and Young
Regional
 
Councillor: Barrow, Frustaglio, Humeniuk, O'Donnell, Scarpitti, Wheeler and Wong
 
Staff: Cartwright, Davidson, Garrett, Kassam, Schipper, Sinclair, Tuckey
 
 
144 MINUTES
 
It was moved by Regional Councillor Barrow, seconded by Regional Councillor Wong, that the Minutes of the Council meeting held on the 26th of June and of the Special Council meeting held on the 17th of July, 2003, be confirmed in the form supplied to the Members.
Carried.
 
145 PRESENTATION
 
John Volpe, Chair of the Development Committee of Habitat for Humanity, York Region, thanked Regional Council for its strong support in helping Habitat to achieve its goals.
 
Mr. Volpe stated that Habitat for Humanity, York Region is dedicated to helping eliminate poverty housing world wide. The first Habitat house was on Gorham Street in Newmarket. A second Habitat house was just completed and dedicated in Georgina. A third Habitat property is leased at 575 Penrose Street in Newmarket with an official ribbon cutting at 11:00 a.m. on Saturday, September 20, 2003.
 
In addition, a lot has been donated by Beaverbrook Homes in East Gwillimbury with a 2004 Spring start. MillsCorp has promised the full cost of a Habitat build in Vaughan as soon as the land is acquired. Many churches in Richmond Hill have joined together to fund a Faith Build project in 2004.
 
Mr. Volpe presented Regional Chair Fisch and Mayor Taylor with a plaque in recognition of Council's support. They, in turn, thanked Mr. Volpe and his wife for their hard work and leadership on the Habitat projects.
 
It was moved by Regional Councillor Humeniuk, seconded by Regional Councillor Wheeler, that the presentation be received.
Carried.
 
146 REPORTS
 
Regional Councillor Frustaglio presented the following reports for the consideration of Council:
 
Report No. 7 of the Community Services and Housing Committee
Report No. 1 of the Dewatering Complaint Review Committee
Report No. 2 of the Dewatering Complaint Review Committee
Report No. 3 of the Dewatering Complaint Review Committee
Report No. 7 of the Finance and Administration Committee
Report No. 6 of the Health and Emergency Medical Services Committee
Report No. 7 of the Planning and Economic Development Committee
Report No. 7 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. 8 of the Transportation and Works Committee
Report No. 5 of the Chief Administrative Officer
Report No. 7 of the Commissioner of Transportation and Works
Report No. 8 of the Commissioner of Transportation and Works
Report No. 8 of the Commissioner of Finance
 
It was moved by Regional Councillor Frustaglio, 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. 7 of the Finance and Administration Committee, be adopted, with the following amendment:
Clause 13, regarding the Proposed Annexation from the City of Vaughan to the Town of Caledon, be amended to include "10 days' notice be provided in the newspaper pursuant to the Municipal Act" in recommendation 1, so that it now reads as follows:
1. Regional Council authorize a public meeting pursuant to Section 173(3) of the Municipal Act, 2001 with respect to the proposed annexation by the Town of Caledon of approximately 1.7 hectares (4.2 acres) from the City of Vaughan, lands currently owned by Muscillo Transport Limited, and that 10 days' notice be provided in the newspaper pursuant to the Municipal Act.
The following item be included in Clause 12 under Other Business:
14. Committee directed staff to provide an analysis of the number of monthly admissions to long term care facilities, including clustering of various health discipline categories (e.g. neurological, Alzheimer's, cognitive). This would be in order to identify emerging health trends and impacts that could affect the provision of programs, services and resources to meet those emerging trends. This could also support Regional objectives as outlined in the Five-Year Health Status Report and the delivery of programs and services as mandated by the Provincial Government.
Report No. 7 of the Planning and Economic Development Committee, be adopted, with the following amendment:
Clause 5, regarding the Nutrient Management Act, 2002 and Regulations, be amended to include the following recommendation:
3. That the Region work with the affected local municipalities and the Province in finding funding to assist affected farmers.
Clause 3 regarding Federal and Provincial Funding Agreements for the Quick Start program, be amended to provide that the terms and conditions of the Agreements be acceptable to Regional staff, the Regional Chair and Chief Administrative Officer.
Please refer also to Minute No. 152.
 
Report No. 3 of the Solid Waste Management Committee, be adopted, with the following amendment:
Clause 2, regarding the Waste Management Fees Public Meeting, be amended by replacing "October 8, 2003, at 9:00 a.m., prior to the scheduled Solid Waste Management Committee meeting" with "October 16, 2003, at 9:30 a.m. at the beginning of the scheduled Regional Council meeting" in recommendation 1 so that it now reads as follows:
1. The Region hold a public meeting with respect to the proposed 2004 waste management user fees on October 16, 2003, at 9:30 a.m., at the beginning of the scheduled Regional Council meeting.
Report No. 6 of the Transit Committee, be adopted, without amendment;
 
Report No. 8 of the Transportation and Works Committee, be adopted, with the following amendments:
Clause 3, regarding Planning for North-South Road Improvements, Vicinity of Sharon and Queensville Communities, Town of East Gwillimbury, be amended to revise recommendation 2 as follows:
2. Staff continue to work with the Town of East Gwillimbury and the Town of Newmarket with respect to the north-south Regional transportation routes through the Town of East Gwillimbury and the Town of Newmarket.
Clause 5, regarding Traffic Review, Yonge Street - Davis Drive to Green Lane, Town of Newmarket, be amended to include the following recommendation:
4. The Town of East Gwillimbury be included in the discussions and collaborations on the project and a copy of this report be forwarded to the Clerk of the Town of East Gwillimbury.
Report No. 5 of the Chief Administrative Officer, be adopted, with the following amendment:
Clause 2, regarding the Public Fire Safety Educator, be amended by replacing the word "considered" in recommendation 2 with the word "included" and deleting the word "process" so that recommendation 2 now reads:
2. The funding component for this program be included in the Region of York's 2004 Business Plan and Budget.
 
 
Report No. 8 of the Commissioner of Finance, be adopted, without amendment.
 
It was moved by Regional Councillor Scarpitti, seconded by Regional Councillor Frustaglio, that Council adopt the recommendations of the Committee of the Whole.
 
Carried.
 
147 BY-LAWS
 
It was moved by Mayor Holec, seconded by Mayor Taylor, that the following 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-0506-2003-071
To dedicate certain lands for the purposes of public highways
By-law No. RD-0507-2003-072
To dedicate certain lands for the purposes of public highways
By-law No. R-1377-2003-073
To acquire certain lands for or in connection with the widening of Bayview Avenue (YR 34) from Wellington Street East (YR 15) to Mulock Drive (YR 74), in the Towns of Aurora and Newmarket
By-law No. R-1378-2003-074
To designate a parking space for the use of disabled persons
By-law No. AG-0031-2003-075
To authorize the execution of a design-build agreement for the Quick Start phase of the York Region Rapid Transit System
By-law No. AG-0032-2003-076
To authorize the assignment of certain agreements to the York Region Rapid Transit Corporation
By-law No. AG-0033-2003-077
To authorize the execution of funding agreements for the Quick Start phase of the York Region Rapid Transit Project
By-law No. D-0160-2003-079
To authorize the borrowing upon debentures in the aggregate principal amount of $109,880,000 ($2,380,000 principal amount of 5 year instalment debentures and $107,500,000 principal amount of 10 year instalment debentures) for purposes of The Regional Municipality of York
By-law No. D-0161-2003-080
To authorize the borrowing upon debentures in the principal amount of $3,025,000 (20 year amortizing debentures) for purposes of The Regional Municipality of York
By-law No. B-0040-2003-081
A by-law to authorize certain capital works of The Regional Municipality of York (the "Regional Corporation") to authorize submitting an application to the Ontario Municipal Economic Infrastructure Financing Authority ("OMEIFA") for financing such capital works; to authorize temporary borrowing to meet expenditures in connection with such works; and to authorize long term borrowing for such works through the issue of debentures
By-law No. A-0334-2003-082
To authorize adjustments between The Regional Municipality of York and the lower-tier municipalities in respect of the capping of property tax increases for the 2003 taxation year
To amend By-Law No. A-0293-2001-064 being a by-law to provide tax assistance to certain seniors and disabled persons who are owners of real property in The Regional Municipality of York
By-law No. R-1379-2003-084
To authorize the temporary closure of part of Bayview Avenue/Prospect Street in the Town of Newmarket
Carried.
 
148 MOTIONS
 
Reducing Packaging
(Clause No. 4, Item No. 3 of Report No. 3 of the Solid Waste Management Committee)
 
It was moved by Mayor Taylor, seconded by Regional Councillor Scarpitti, that the following motion be adopted:
 
Whereas a significant quantity of packaging from local municipal solid waste collection programs is being sent by York Region to landfills for disposal;
 
And whereas York Region wishes to reduce the quantity of solid waste being shipped to landfills;
 
Therefore be it resolved that York Region requests the Government of Ontario to take action on this problem with the goal being to have manufacturers:
 
  • reduce the amount of packaging that they use;
  • establish programs whereby packaging can be returned by the consumer to them for reuse;
  • produce packaging that contains the highest possible content of recycled material; and,
  • use packaging that is easier for consumers to recycle through municipal curbside collection (e.g. "blue box") programs,
And be it further resolved that this resolution be forwarded to the Provincial and Federal Governments, the Smart Growth Panel, AMO and FCM for consideration.
 
Carried.
 
OTHER BUSINESS
 
149 Cancellation of Solid Waste Committee Meeting
 
The meeting of the Solid Waste Management Committee to be held on Wednesday,
October 8, 2003, is cancelled.
 
150 Election of Regional Councillor Wheeler as Vice-Chair to the
Police Services Board
 
Council congratulated Regional Councillor Wheeler on his election as Vice-Chair of the York Region Police Services Board.
 
151 PRIVATE SESSION
 
It was moved by Mayor Young, seconded by Regional Councillor Barrow, that Council convene in Private Session for the purpose of considering certain legal matters.
 
Carried.
 
Council met in Private Session at 10:52 a.m. and reconvened in Council at 12:06 p.m.
 
It was moved by Mayor Taylor, seconded by Regional Councillor Humeniuk, that Council rise and report from Private Session.
 
Carried.
 
152 Quick Start - Design-Build Contract
 
It was moved by Mayor Taylor, seconded by Regional Councillor Humeniuk, that Council adopt the following recommendations:
1. The Regional Chair and Clerk be authorized to execute on behalf of the Region a Design-Build Contract with Peter Kiewit Sons Co. and Ellis Don Corporation, in an amount not to exceed $140 million (includes the funds identified as part of the Initial Release Agreement in recommendations 2 and 3); subject to:
a) Execution of both Federal and Provincial Funding Agreements; and
 
b) Finalization of the Scope of Work, and completion of the cost confidence process to the satisfaction of Regional staff and external consultants.
2. The Regional Chair and Clerk be authorized to execute on behalf of the Region an Initial Release Agreement and a Notice to Proceed for bus procurement subject to:
a) satisfactory completion of negotiations for the vehicles, and
 
b) execution of the Federal and Provincial Funding Agreements.
3. Pending execution of the Federal and Provincial Funding Agreements that:
a) the Regional Chair and Clerk execute on behalf of the Region an Initial Release Agreement and a Notice to Proceed for final design;
 
b) Council authorize expenditures for the period ending October 31st, 2003 in an amount not to exceed $1.2 million in order to proceed with the final design of the Quick Start Program; and,
 
c) Council authorize the Steering Committee to approve further expenditures, as required, in order to proceed with final design for the period ending January 31st, 2004 in a total amount not to exceed $3.5 million.
4. Any expenditures required to be made in 2003 to secure the procurement of buses be funded from the 2003 Rapid Transit Capital Budget with progress and final payments to be funded from the 2004 and 2005 Rapid Transit Capital Budget.
 
5. The expenditures under Recommendation 3 for final design be funded from the 2003 Rapid Transit Capital Budget.
 
6. The Regional Chair and Clerk be authorized to execute on behalf of the Region an assignment of the Design-Build Contract to York Region Rapid Transit Corporation upon terms and conditions prepared by Region's external counsel and approved by Regional staff, the Regional Chair and Chief Administrative Officer.
 
7. The interim Board of Directors of York Region Rapid Transit Corporation be authorized to take such actions and execute such documents and agreements on behalf of York Region Rapid Transit Corporation as they determine are necessary or desirable in order to receive the assignment of the Design Build Contract and to proceed with, administer and act under the Design Build Contract, including, without limitation, the execution of assignment documents for the Design Build Contract; the issuance of one or more notices to proceed and the execution of a municipal access agreement.
 
8. The Regional Chair and Clerk be authorized to execute on behalf of the Region a municipal access agreement to grant such rights to York Region Rapid Transit Corporation and the design builder (and to enable York Region Rapid Transit Corporation to grant such rights to the design builder) as are necessary or desirable to enable the design builder to perform its obligations under the Design Build Contract.
 
9. Regional Council endorse the style and design of the rapid transit shelters and intermodal terminals.
 
10. The terms and conditions of the Agreements be acceptable to Regional staff, the Regional Chair and Chief Administrative Officer.
 
11. Legal Services be directed to prepare any necessary by-laws to give effect to these recommendations.
Carried.
 
153 CONFIRMATORY BY-LAW
 
It was moved by Regional Councillor Humeniuk, seconded by Regional Councillor O'Donnell, 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-0697-2003-085
To confirm the proceedings of Council at its meeting held on September 18, 2003.
Carried.
 
The Council meeting adjourned at 12:07 p.m.
_______________________
 
Regional Clerk
 
Minutes confirmed and adopted at the meeting of Regional Council held on the 16th of October 2003.
_______________________
 
Regional Chair
 
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