COUNCIL
OF
THE REGIONAL MUNICIPALITY OF YORK
June 26, 2014
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, Bevilacqua, Dawe, Emmerson, Grossi, Hackson, Pellegrini, Scarpitti and Van Bynen
Regional Councillor:
Di Biase, Heath, Hogg, Jones, Landon, Li, Rosati, Schulte, Spatafora, Taylor and Wheeler
Staff:
Basso, Davidson, Hughes, Hulton, Kostopoulos, Kurji, Macgregor, Mahoney and Urbanski
[Accessible formats or communication supports are available upon request
Contact: Regional Clerk’s Office, @email, 18774649675 extension 71320]
DISCLOSURES OF INTEREST
82 Contract Awards Report, January 1, 2014 – March 31, 2014
(Clause 4 of Committee of the Whole Report No. 12)
Mayor Emmerson declared an interest in Clause 4 of Committee of the Whole Report No. 12 as his brother is the owner of WBE Gradall Rentals, the contractor in contract T-11-26, and did not take part in the consideration or discussion of or vote on this item.
(See Minute 92.)
83 Review and Update of Council-Approved Policies
(Clause 14 of Committee of the Whole Report No. 12)
Regional Councillor Heath declared an interest in Clause 14 of Committee of the Whole Report No. 12 as he owns shares in Sun Life and did not take part in the consideration or discussion of or vote on this item.
(See Minute 92.)
84 Partial Minutes of Settlement - Widening and Construction of Bus Rapid Transit Corridor, vivaNext Project 90991, City of Markham
(Clause 43 of Committee of the Whole Report No. 12)
Regional Councillor Jones declared an interest in Clause 43 of Committee of the Whole Report No. 12 and Item No. 5 of Council’s private session as he receives a pension from IBM and did not take part in the consideration or discussion of or vote on this item.
85 Amendment No. 2 to the Vaughan Official Plan (2010) - the Vaughan Mills Centre Secondary Plan
(Clause 13 of Committee of the Whole Report No. 11)
Regional Councillor Di Biase declared an interest in Clause 13 of Committee of the Whole Report No. 11 as the Chief Financial Officer of his election campaign owns property in the Vaughan Mills Secondary Plan area and did not take part in the consideration or discussion of or vote on this item.
(See Minute 91.)
86 MINUTES
It was moved by Mayor Hackson, seconded by Regional Councillor Landon that Council confirm the Minutes of the Council meeting held on May 15, 2014 and the Special meeting of Council held on June 12, 2014 in the form supplied to the Members.
Carried
PRESENTATIONS
Council then heard the following presentations:
87 Belinda's Place
Debora Kelly, President, Belinda's Place Foundation presented Regional Council with a cheque for $1 million raised from community fundraising and donations to support the operating costs of York Region’s first women’s shelter.
Ms. Kelly indicated that she is deeply grateful to Council for its support and approval of funding. Belinda's Place will offer assistance to single women without a home and will help to build healthier, stronger communities for all York Region residents.
Regional Chair Fisch congratulated Ms. Kelly and Belinda’s Place Foundation on a fantastic job reaching their fundraising goal of $1 million. He thanked Belinda Stronach, Mayor Van Bynen, the Town of Newmarket and countless volunteers for their support.
Regional Chair Fisch also thanked Sylvia Patterson, General Manager of Housing & Long Term Care and her team for their dedication to bringing a women’s shelter to York Region.
Mayor Van Bynen thanked the members of Belinda’s Place Board of Directors and expressed appreciation to Magna International for matching donations on the community fundraising project, creating a $1 million endowment fund.
Regional Chair Fisch announced that Belinda’s Place is scheduled to open in spring 2015 featuring 28 emergency beds, 9 transitional apartments and 24/7 on-site counselling services.
It was moved by Regional Councillor Heath, seconded by Regional Councillor Jones that Council receive the presentation.
Carried
88 Greater Toronto Airports Authority
Lorrie McKee, Acting Vice President, Stakeholder Relations & Communications and Aleem Kanji, Manager of Government Affairs & Stakeholder Relations, provided an annual update on the Greater Toronto Airports Authority (GTAA).
The presentation focused on Pearson Airport, the second largest international airport in North America. In 2013 it carried approximately 36 million passengers including 12 million international travellers, and is expected to have a 4% growth rate in 2014.
Last year the GTAA had a net income of $7.2 million, employing 40,000 people including 3,500 York Region residents. Due to the connectivity the airport provides to its community, the GTAA estimates that it facilitates 277,000 jobs with a total economic impact of $35 billion (6% of Ontario’s GDP).
It was moved by Regional Councillor Heath, seconded by Regional Councillor Jones that Council receive the presentation.
Carried
COMMUNICATIONS
Council considered the following communications:
89 Clean Air Partnership - Certificate of Recognition
Gabriella Kalapos, Executive Director, Clean Air Partnership, dated May 30, 2014 recognizing York Region's contribution in forwarding the development, implementation, monitoring and reporting of the GTHA Clean Air Council Declaration on Clean Air and Climate Change actions and targets.
It was moved by Mayor Emmerson, seconded by Regional Councillor Hogg that Council receive the communication.
Carried
90 2013 York Regional Police Annual Report
Mafalda Avellino, Executive Director, The Regional Municipality of York Police Services Board, dated June 25, 2014 forwarding the York Regional Police 2013 Annual Report.
It was moved by Mayor Scarpitti, seconded by Mayor Hackson that Council receive the communication.
Carried
COMMITTEE REPORTS
It was moved by Regional Councillor Heath, seconded by Regional Councillor Taylor that Council adopt the recommendations in the following report:
91 Report No. 11 of Committee of the Whole
(See Minute 85.)
Carried
It was moved by Mayor Barrow, seconded by Regional Councillor Spatafora that Council adopt the recommendations in the following report with amendments as noted:
92 Report No. 12 of Committee of the Whole
Clause 7 – Ontario Infrastructure and Lands Corporation Loan for the Town of Aurora
Page 2, Analysis and Options, first paragraph - remove “per year”
Page 2, Analysis and Options, third paragraph - delete “City of Vaughan” and replace with “Town of Aurora”
Carried
It was moved by Mayor Hackson, seconded by Regional Councillor Taylor that Council adopt the recommendations in the following report:
93 Report No. 2 of the Audit Committee
Carried
94 BYLAWS
It was moved by Mayor Van Bynen, seconded by Regional Councillor Spatafora that Council introduce and approve certain Bills in the form as noted on the Revised Agenda and enact them as Bylaws.
Bylaw No. 2014-42
A bylaw to amend Bylaw No. R-1195-1999-077 to designate parts of Regional Roads as Community Safety Zones
Bylaw No. 2014-43
A bylaw to delegate authority to the Regional Treasurer to establish “clawback” percentages for the 2014 taxation year for the commercial and industrial property classes
Bylaw No. 2014-44
A bylaw to authorize the execution of a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues
Bylaw No. 2014-45
To stop up and close a portion of Bloomington Road (Y.R. 40) in the Town of Aurora and the Town of Richmond Hill
Bylaw No. 2014-46
To establish lands as public highway – Bathurst Street
Bylaw No. 2014-47
To acquire certain lands for or in connection with the reconstruction of Leslie Street (YR 12), in the Town of Richmond Hill
Bylaw No. 2014-48
To acquire certain lands for or in connection with the widening and reconstruction of Bayview Avenue (YR 34), in the Town of Richmond Hill
Bylaw No. 2014-49
To acquire certain leasehold interests in lands for or in connection with the widening and reconstruction of Davis Drive (YR 31), in the Town of Newmarket
Bylaw No. 2014-50
To acquire certain lands for or in connection with the widening and reconstruction of Leslie Street (YR 12), in the Town of Aurora and the Town of Newmarket
Bylaw No. 2014-51
A bylaw to authorize an agreement for the provision of a municipal capital facility at 50 High Tech Road in the Town of Richmond Hill
Bylaw No. 2014-52
A bylaw to establish retention periods for records of The Regional Municipality of York
Bylaw No. 2014-53
Purchasing Bylaw
Carried
OTHER BUSINESS
95 National Public Works Week Challenge
Regional Chair Fisch thanked Mayor Barrow for his hospitality at the annual National Public Works Week Challenge and congratulated the teams involved.
Mayor Emmerson congratulated Mayor Barrow for being this year’s Mayor’s Challenge winner and presented Mayor Barrow with the Mayor’s Cup trophy.
96 2013 Annual Report
Regional Chair Fisch thanked staff for their work on The Regional Municipality of York 2013 Annual Report. Council members received a copy of the report highlighting the Region’s program and service delivery achievements in 2013.
97 Request for Signalized Intersection at McCowan and Milne Park
Regional Councillor Heath enquired regarding the status of a request to advance the installation of signalized lights at the intersection of McCowan Road and Milne Park in the City of Markham.
Daniel Kostopoulos, Commissioner of Transportation and Community Planning advised that Regional staff will continue to work with City of Markham staff to finalize the location of the signal lights as well as communication plans in order to expedite the installation of signalized lights at this intersection.
98 Go Transit Weekend Service
Mayor Van Bynen noted that GO Transit announced it will have summer weekend service to York Region again this year and suggested that York Region Transit consider promotion of this service to transit riders in order to ensure success of the program.
99 York University Campus
Regional Chair Fisch announced that York University has selected the City of Markham as the preferred location in its bid to the Province to build a new university campus in York Region.
Regional Chair Fisch congratulated Mayor Scarpitti and the City of Markham on the success of their bid to partner with York University. He praised each of the six municipalities that put forward a proposal for having done a phenomenal job demonstrating the many merits of their municipality and York Region.
Council members expressed their full support for York University’s bid to the Province to build a York University campus in Markham.
100 Retirement of Jim Davidson, Commissioner of Corporate Services
Regional Chair Fisch wished Commissioner of Corporate Services Jim Davidson well in his retirement after 15 years of service at York Region. He praised Mr. Davidson as a strong advocate for change and accountability to the taxpayer.
Regional Chair Fisch highlighted that under Mr. Davidson’s leadership, numerous new corporate and human resources systems were introduced. Mr. Davidson led York Region in becoming a “Top Employer” in the GTA and championing the Human Capital Plan that will shape York Region’s workforce for years to come.
On behalf of Council, Regional Chair Fisch thanked Mr. Davidson for a job very well done and wished him the very best for the future.
Commissioner Davidson thanked Regional Chair Fisch for his support and leadership and praised Council for having great focus, vision and dedication to the residents of York Region. Mr. Davidson expressed that it has been a true privilege and pleasure to serve Council over the last 15 years.
101 PRIVATE SESSION
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Rosati that Council convene in Private Session for the purpose of considering the following:
1. Settlement of Expropriation - Viva Phase 2, D1 Project, Town of Newmarket - Land Acquisition
2. Expropriation Settlement - Widening and Construction of Bus Rapid Transit Corridor, VivaNext Project 90991, Town of Newmarket - Land Acquisition
3. Acquisition of Land - Relocation of Household Hazardous Waste Depot and Southeast Road Maintenance Facility, City of Markham - Land Acquisition
4. Acquisition of Land - Southeast District Road Maintenance Facility, City of Markham - Land Acquisition
5. Partial Minutes of Settlement - Widening and Construction of Bus Rapid Transit Corridor, VivaNext Project 90991, City of Markham – Land Acquisition
6. 2012 Development Charge Bylaw Appeal Update - Potential Litigation
7. Authorization to Negotiate Early Termination of Lease, Town of Newmarket - Acquisition or Disposition of Land
8. Acquisition of Land - Bus Terminal, City of Markham - Land Acquisition
9. Acquisition of Land - Municipal Purposes, Town of Newmarket – Land Acquisition
10. Lease Extension - Municipal Purposes, Town of Richmond Hill – Land Acquisition and Security of Property
Carried
Council met in Private Session at 10:46 a.m. and reconvened in Council at 11:35 a.m.
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Rosati that Council rise and report from Private Session.
Carried
102 Settlement of Expropriation - Viva Phase 2, D1 Project, Town of Newmarket - Land Acquisition
It was moved by Regional Councillor Landon, seconded by Mayor Van Bynen that Council adopt the confidential recommendations in the private report of Committee of the Whole dated June 19, 2014 and that the Commissioner of Corporate Services report back to Council.
Carried
103 Expropriation Settlement - Widening and Construction of Bus Rapid Transit Corridor, VivaNext Project 90991, Town of Newmarket - Land Acquisition
It was moved by Mayor Van Bynen, seconded by Regional Councillor Taylor that Council adopt the recommendations contained in the private report of the Committee of the Whole dated June 19, 2014 as follows:
1. Council authorize the expropriation settlement for the following lands expropriated for the vivaNext project, in the Town of Newmarket, on the terms set out in this report:
| No. | Owner | Municipal Address (YRRTC Reference) | Legal Description | Interest Acquired |
| 1 | Bethel Christian Reformed Church of Newmarket | 333 Davis Drive (R043) |
Part 1, Plan YR1370522 Part 2, Plan YR1370522 Part 3, Plan YR1370522 Part 1, Plan YR1886621 Part 1, Plan YR2094603 |
Fee Simple Permanent Easement Temporary Easement Temporary Easement Temporary Easement |
2. Council authorize the acquisition and disposition of the following lands, in the Town of Newmarket, in accordance with the terms of the Minutes of Settlement:
| No. | Owner | Municipal Address (YRRTC Reference) | Legal Description | Interest to be Conveyed |
| 1 | Bethel Christian Reformed Church of Newmarket | 333 Davis Drive (R043) | Part Lots 1 & 2, Plan 112, Part Lots 31, 32 & 33 N/S Huron St. Plan 78, Part reserve in rear of Lots 27 to 33, Plan 78 Whitchurch, Town of Newmarket, shown as Part 7, Plan 65R-34808 | Acquisition of Permanent Easement |
| 2 | The Regional Municipality of York | Remnant land parcel at 319 Davis Drive (R042) | Part Lot 2, Plan 112 Newmarket as in R506247, shown as Parts 1, 2, 3, Plan 65R-34808 | Disposition of Fee Simple Interest |
| 3 | The Regional Municipality of York | Remnant land parcel at 341 Davis Drive (R044) | Part Lots 31 & 32 N/S Huron St., Plan 78, shown as Part 11, Plan 65R-34808 | Disposition of Fee Simple Interest |
3. The closing of these transactions be subject to the approval of Metrolinx in accordance with the Master Agreement among Metrolinx, York Region Rapid Transit Corporation and The Regional Municipality of York.
4. The Commissioner of Corporate Services be authorized to execute the Minutes of Settlement and all necessary documents to complete the transactions, in accordance with the terms of the Minutes of Settlement.
Carried
104 Acquisition of Land - Relocation of Household Hazardous Waste Depot and Southeast Road Maintenance Facility, City of Markham - Land Acquisition
It was moved by Mayor Scarpitti, seconded by Regional Councillor Li that Council adopt the recommendations contained in the private report of Committee of the Whole dated June 19, 2014 as follows:
1. Council authorize the acquisition of the following land required to relocate the Region’s Household Hazardous Waste Depot and the Southeast Urban Road Maintenance facility, in the City of Markham:
| No. | Owner | Municipal Address | Legal Description | Interest Required |
| 1 | Gemcross Development Inc. | 350 Yorktech Drive | Part of the West ½ Lot 9, Concession 4 (MKM), designated as Parts 2 and 3 on Plan 65R28877, being all of PIN 03032-0368 (LT) | Fee Simple |
2. The Commissioner of Corporate Services be authorized to execute the agreement of purchase and sale and all necessary documents to complete the transaction.
Carried
105 Acquisition of Land - Southeast District Road Maintenance Facility, City of Markham - Land Acquisition
It was moved by Mayor Scarpitti, seconded by Regional Councillor Heath that Council adopt the confidential recommendations in the private report of the Committee of the Whole dated June 19, 2014 and that the Commissioner of Corporate Services report back to Council.
Carried
106 Partial Minutes of Settlement - Widening and Construction of Bus Rapid Transit Corridor, VivaNext Project 90991, City of Markham - Land Acquisition
It was moved by Regional Councillor Heath, seconded by Mayor Scarpitti that Council adopt the recommendations contained in the private report of the Committee of the Whole dated June 19, 2014 as follows:
1. Council authorize the partial settlement of a claim arising from a Section 30 Agreement of Purchase and Sale made with IBM Canada Limited in 2010 for the following lands:
| No. | Owner | Municipal Address | Legal Description | Interest Required |
| 1 | IBM Canada Limited | 8200 Warden Avenue | Parts 3 and 4, Plan 65R-31823 | Fee Simple |
| 2 | IBM Canada Limited | 8200 Warden Avenue | Parts 1 and 2 and 5 to 22 inclusive, Plan 65R-31823 | Temporary Easement |
2. Council authorize the acquisition of the following lands:
| No. | Owner | Municipal Address | Legal Description | Interest Required |
| 3 | IBM Canada Limited | 8200 Warden Avenue | Parts 1 and 2, Plan 65R-34058 | Fee Simple |
| 4 | IBM Canada Limited | 8200 Warden Avenue | Parts 1 and 2 on 65R-34142 and Parts 5 to 22 inclusive, Plan 65R-31823 | Temporary Easement (1) |
| 5 | IBM Canada Limited | 8200 Warden Avenue | Parts 1 and 2, Plan 65R-31823, save and except Part 2 on 65R-34058 | Temporary Easement (2) |
|
Temporary Easement (1) is for a 12 month term commencing June 30, 2014. It is required for the purpose of grading, earthwork, seeding/sodding and landscaping including the relocation of the existing sidewalk to construct the boulevard. Access is also required for construction on the adjacent right-of-ways that will include but is not limited to the excavation of the adjacent right-of-ways, placement of granular material and concrete, canopy erection, glass installation, installation of the cupolex, planter boxes and pavers and installation of lighting in, across, under, over, along the easement lands. Temporary Easement (2) is for a 12 month term commencing June 30, 2014. It is required for the purpose of a staging area, grading, earthwork, seeding/sodding, tree and shrub planting and landscaping to construct the boulevard. Access is also required for construction on the adjacent right-of-way and the Warden Bridge. Access is also required to facilitate utility work within the adjacent right-of-way, specifically phone, gas and water. Further, a portion of the works is located within areas regulated by the Toronto Region Conservation Authority (TRCA). All such works will be in conformity with TRCA regulations/requirements. |
3. The Commissioner of Corporate Services be authorized to execute the agreements of purchase and sale, the partial settlement agreement and all necessary documents to complete these transactions.
(See Minute 84.)
Carried
107 2012 Development Charge Bylaw Appeal Update - Potential Litigation
It was moved by Regional Councillor Spatafora, seconded by Mayor Van Bynen that Council adopt the recommendation contained in the private report of the Committee of the Whole dated June 19, 2014 as follows:
1. This report be received for information.
Carried
108 Authorization to Negotiate Early Termination of Lease, Town of Newmarket - Acquisition or Disposition of Land
It was moved by Mayor Van Bynen, seconded by Regional Councillor Taylor that Council adopt the confidential recommendations contained in the private report of the Committee of the Whole dated June 19, 2014 and that the Commissioner of Corporate Services report back to Council.
Carried
109 Acquisition of Land - Bus Terminal, City of Markham - Land Acquisition
It was moved by Regional Councillor Jones, seconded by Regional Councillor Li that Council adopt the recommendations contained in the private report of the Committee of the Whole dated June 19, 2014 as follows:
1. Council authorize the acquisition of the following lands required for the purpose of the Cornell Bus Terminal, in the City of Markham:
| No. | Owner | Legal Description | Interest Required |
| 1 | 605918 Ontario Limited | Part Lot 11, Con. 9 Markham, being, Part 1 (terminal lands), and Part 2 on draft reference plan L12-011730 | Fee Simple |
2. The Commissioner of Corporate Services be authorized to execute the agreement of purchase and sale and all necessary documents to complete the transaction.
Carried
110 Acquisition of Land - Municipal Purposes, Town of Newmarket - Land Acquisition
It was moved by Mayor Barrow, seconded by Mayor Emmerson that Council adopt the confidential recommendations in the private report of the Commissioner of Corporate Services dated June 18, 2014 and that the Commissioner of Corporate Services report back to Council.
Carried
111 Lease Extension - Municipal Purposes, Town of Richmond Hill - Land Acquisition and Security of Property
It was moved by Mayor Barrow, seconded by Regional Councillor Spatafora that Council adopt the confidential recommendation contained in the private report of the Commissioner of Corporate Services dated June 25, 2014.
Carried
112 CONFIRMATORY BYLAW
It was moved by Regional Councillor Di Biase, seconded by Regional Councillor Jones that Council enact the following bylaw to confirm the proceedings of this meeting of Council.
Bylaw No. 2014-54
To confirm the proceedings of Council at its meeting held on June 26, 2014.
Carried
The Council meeting adjourned at 11:41 a.m.
____________
Regional Clerk
Minutes confirmed and adopted at the meeting of Regional Council held on September 11, 2014.
____________
Regional Chair
