The Council of The Regional Municipality of York
Minutes of the
Meeting Held on November 19, 2015
[Accessible formats or communication supports are available upon request
Contact: Regional Clerk’s Office, @email, 18774649675 extension 71320]
Regional Council met at 9:30 a.m. in the Council Chambers, York Region Administrative Centre, 17250 Yonge Street, Newmarket, with Regional Chair Emmerson presiding.
The following were also in attendance:
Mayors:
J. Altmann, D. Barrow, M. Bevilacqua, G. Dawe, V. Hackson,
S. Pellegrini, M. Quirk, F. Scarpitti, T. Van Bynen
Regional Councillors:
N. Armstrong, M. Di Biase, M. Ferri, B. Hogg, J. Jones, J. Li,
G. Rosati, V. Spatafora, J. Taylor, D. Wheeler
Staff:
D. Basso, B. Hughes, J. Hulton, D. Kostopoulos, Dr. K. Kurji, B. Macgregor,
M. Rabeau, V. Shuttleworth, M-F. Turner, A. Urbanski
Disclosures of Interest
194 York Region 2041 Preferred Growth Scenario
Clause 12 of Committee of the Whole Report No. 17
Regional Councillor Rosati declared an interest in Clause 12 of Committee of the Whole Report No. 17 due to ongoing litigation with a developer that owns lands in the City of Vaughan Block 42. Regional Councillor Rosati did not take part in any consideration or discussion of or vote on any part of this item.
Regional Councillor Di Biase declared an interest in Clause 12 of Committee of the Whole Report No. 17 due to ongoing litigation with a developer that owns lands in the City of Vaughan Block 42. Regional Councillor Di Biase did not take part in any consideration or discussion of or vote on any part of this item
(See Minute No. 209)
195 Special Meeting of Committee of the Whole – November 26, 2015
Mayor Quirk declared an interest in Clause 22 of Committee of the Whole Report No. 17 and Agenda item H.1 regarding the presentation of the draft 2016 York Regional Police Budget due to her stepson being a member of York Regional Police and her husband being a retired member of York Regional Police. Mayor Quirk did not take part in any consideration or discussion of or vote on any part of this item
(See Minute Nos. 209 and 213.)
196 Minutes of Council – October 15, 2015
Mayor Scarpitti, having been absent from Council’s meeting of October 15, 2015, declared an interest in Minute No. 177 of the Minutes of Council of October 15, 2015 pertaining to Clause 17 of Committee of the Whole Report No. 16 regarding ‘Delegation of Authority During Summer Recess - June 26, 2015 to September 23, 2015’ due to his brother being employed by Compugen. Mayor Scarpitti did not take part in any consideration or discussion of or vote on any part of this item.
(See Minute No. 197.)
Minutes
197 Minutes of the Council Meeting held on October 15, 2015
It was moved by Mayor Dawe, seconded by Regional Councillor Taylor that Council confirm the Minutes of the Council meeting held on October 15, 2015 in the form supplied to the Members.
Carried
(See Minute No. 196)
Presentations
[Click on the title of the following Presentation to view the item]
198 Draft 2016-2018 Regional Budget
Bill Hughes, Commissioner of Finance and Regional Treasurer, provided Council with an overview of the proposed 2016-2018 Regional Budget. The Commissioner presented a draft multi-year budget to align with the term of Council that seeks approval of the 2016 budget plus an additional 2-year outlook.
Bruce Macgregor, Chief Administrative Officer, noted that multi-year budgeting offers many benefits, including better program and service planning, helping to set expectations of future tax increases, and overall coordination of the Budget and Council’s strategic priorities.
Mr. Hughes indicated that the draft 2016 budget comprises a $2 billion operating budget and a $783 million capital budget. This would result in a tax increase of 2.85% in 2016, with an average impact of an additional $63 per household. The multi-year outlook currently provides for a tax increase of 2.69% in 2017 and 2.35% in 2018.
Mr. Hughes presented key features of the draft budget including selected improvements to service levels, more investment in transportation capital, water and wastewater rehabilitation and replacement capital. The proposed budget also includes savings for future capital asset replacement.
Next steps in the budget review process include a detailed review of the York Regional Police budget at a Special Committee of the Whole Meeting on November 26, 2015, departmental Budgets at Committee of the Whole on December 3 and 10, 2015, with Council’s consideration scheduled for its meeting on December 17, 2015.
It was moved by Mayor Barrow, seconded by Mayor Pellegrini that Council receive the presentation and refer it to consideration at the Committee of the Whole meetings scheduled for November 26, December 3 and December 10, 2015.
Carried
199 Plaque Presented by Macao and Canada Economic and Trade Association
It was moved by Regional Councillor Li, seconded by Regional Councillor Di Biase that Council receive, with gratitude, the plaque presented by Stanley Chan, Vice Chairman of the Board of the Macao and Canada Economic and Trade Association. The plaque is in recognition of the support of Regional Council and the attendance by some Members of Council at the Macao International Trade and Investment Fair in Macao, China from October 22 to 26, 2015.
Carried
Deputations
[Click on the names associated with the following Deputation requests to view the items]
Council heard the following deputations:
200 Public Heroes – Awards and Nomination Process
It was moved by Mayor Barrow, seconded by Mayor Bevilacqua that Council receive the deputation from Fatih Yegul, Executive Director, Intercultural Dialogue Institute Greater Toronto Area (IDI GTA) and David Ralph, Volunteer Coordinator, Public Heroes Award for IDI GTA.
Carried
201 York Region 2041 Preferred Growth Scenario
It was moved by Mayor Pellegrini, seconded by Mayor Van Bynen that Council receive the deputation from Valerie Burke, Councillor, Ward One Thornhill, City of Markham and refer it to consideration of Clause 12 in Committee of the Whole Report No. 17.
Carried
(See Minute No. 209.)
202 Election – Regional Chair
It was moved by Mayor Hackson, seconded by Mayor Quirk that Council receive the following deputations and refer them to consideration of the Notice of Motion ‘Election – Regional Chair’:
1. Michael Thompson, Councillor, Town of Aurora
2. Benjamin Williamson, Resident, Town of Aurora
3. Anthony Pullano, Resident, Town of Aurora
4. Bob Mok, President, Downtown Markham Ratepayers Association
5. Jim Kwan, Resident, City of Markham
6. Darryl Wolk, Resident, Town of Newmarket
7. Mayrose Gregorios, Resident, City of Markham
Carried
(See Minute No. 215.)
Communications
[Click on the names associated with the following Communications to view the items]
203 Awards
It was moved by Regional Councillor Spatafora, seconded by Mayor Dawe that Council receive the following communications:
1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Bill Hughes, Commissioner of Finance and Regional Treasurer dated November 19, 2015
2. Urban and Region Information Systems Association - Exemplary Systems in Government Award - Dino Basso, Commissioner of Corporate Services dated November 19, 2015
3. Lake Simcoe Region Conservation Authority Awards - Erin Mahoney, Commissioner of Environmental Services, dated November 19, 2015
4. Excellence Canada - Ontario Accessibility Award - Adelina Urbanski, Commissioner of Community and Health Services dated November 19, 2015
Carried
204 Distribution and Consumption of Raw (Unpasteurized) Milk: An Ongoing Public Health Concern
It was moved by Mayor Hackson, seconded by Regional Councillor Ferri that Council receive the communication from David Williams, Acting Chief Medical Officer of Health, Ministry of Health and Long-Term Care dated November 10, 2015.
Carried
205 Yonge and Steeles Area Regional Transportation Study, City of Markham and City of Vaughan
It was moved by Regional Councillor DiBiase, seconded by Regional Councillor Wheeler that Council receive the communication from Ryan Guetter, Vice President, Weston Consulting dated November 5, 2015 and refer it to Clause 7 of Committee of the Whole Report No. 17.
Carried
(See Minute No. 209.)
206 York Region 2041 Preferred Growth Scenario
It was moved by Mayor Bevilacqua, seconded by Mayor Van Bynen that Council receive the following communications and refer them to Clause 12 of Committee of the Whole Report No. 17:
1. Ryan Guetter, Vice President, Weston Consulting, dated November 5, 2015 regarding 10961 Cold Creek Road, City of Vaughan
2. Mark Flowers, Davies Howe Partners on behalf of Martin Pick, Thomas Pick and 1324534 Ontario Inc., dated November 9, 2015 regarding lands in the Town of East Gwillimbury [3MB]
3. Don Given, Malone Given Parsons Ltd. dated November 10, 2015 regarding the Discussion Brief: The Risks Attached to an Intensification Target Greater than 40% [4.3MB]
4. Don Given, Malone Given Parsons Ltd, dated November 17, 2015 attaching supplementary material to the aforementioned Discussion Brief [4.7MB]
5. Heather Swan, Dillon Consulting on behalf of 12441 Woodbine Avenue, Gormley, dated November 18, 2015
6. Jim Robb, General Manager, Friends of the Rouge Watershed dated November 4, 2015
7. Susan Rosenthal, Professional Corporation, Davies Howe Partners, on behalf of Warden North GP Inc., regarding 11691 Warden Avenue, Town of Whitchurch-Stouffville dated November 18, 2015.
Carried
(See Minute No. 209)
207 Election – Regional Chair
It was moved by Mayor Altmann, seconded by Regional Councillor Jones that Council receive the following communications and refer them to consideration of the Notice of Motion ‘Election – Regional Chair’:
1. Kimberley Kitteringham, City Clerk, City of Markham dated November 12, 2015
2. Stephen Huycke, Town Clerk, Town of Aurora dated November 18, 2015
3. Fred Stoneman, Resident, Town of Newmarket dated November 17, 2015
4. Elaine Adam, Resident, Town of Newmarket dated November 16, 2015
5. Bill Lynch, Resident, Town of Newmarket dated November 16, 2015
6. Bryan Allen, Resident, Town of Newmarket dated November 16, 2015
7. B. Millsip, Resident, Town of Whitchurch-Stouffville dated November 18, 2015
8. Debbie Schaefer, Township of King, Councillor, Ward 5 dated November 18, 2015
9. Karen Rea, Ward Councillor, City of Markham dated November 18, 2015
10. Maddie Di Muccio, President, York Region Taxpayers Coalition dated November 27, 2015
Carried
(See Minute No. 215.)
208 Amendments to Records Classification and Retention Schedule for the Police Services Board's records
It was moved by Mayor Scarpitti, seconded by Mayor Hackson that Council receive the communication from Malfalda Avellino, Executive Director, York Police Services Board dated November 18, 2015 and approve the proposed amendments to Bylaw No. 2013-15.
Carried
(See Minute No. 212.)
Consideration and Adoption of Reports
[Click on the titles of the following Reports to view the items]
209 Report No. 17 of the Committee of the Whole – November 5, 2015
It was moved by Mayor Scarpitti, seconded by Mayor Bevilacqua that Council adopt the recommendations in Report No. 17 of the Committee of the Whole with the following amendments as noted:
York Region’s Comments on Ontario Ministry of Transportation’s Class Environmental Assessment and Preliminary Design Study, Highway 404 from 407 ETR to Green Lane (Clause 6)
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Di Biase that Council receive revised Attachment 1 and adopt the recommendations.
Carried
210 Report No. 18 of the Committee of the Whole – November 12, 2015
It was moved by Regional Councillor Wheeler, seconded by Mayor Barrow that Council adopt the recommendations in Report No. 18 of the Committee of the Whole.
211 Report No. 2 of the Debenture Committee – November 3, 2015
It was moved by Mayor Barrow, seconded by Mayor Van Bynen that Council adopt the recommendations in Report No. 2 of the Debenture Committee.
Carried
Introduction and Approval of Bylaws
[Click on the numbers of the following Bylaws to view the items]
212 Bylaws
It was moved by Regional Councillor Taylor, seconded by Regional Councillor Jones that Council approve and enact the following bylaws in the form as noted on the Revised Agenda.
Bylaw No. 2015-57
To authorize the borrowing upon amortizing debentures in the principal amount of $2,953,550.00 towards the cost of certain capital works of The Corporation of the Town of Whitchurch-Stouffville set out in Schedule ‘A’ to this bylaw
Bylaw No. 2015-63
A bylaw to authorize an agreement for the provision of a municipal capital facility at 465 Davis Drive, Newmarket
Bylaw No. 2015-64
To provide for reduced load periods on certain Regional Roads
Bylaw No. 2015-66
A bylaw to add certain lands to the Regional Road System in the Town of Richmond Hill
Bylaw No. 2015-67
A bylaw to remove a part of Woodbine Avenue (YR 8) from the Regional Road System in the City of Markham
Bylaw No. 2015-68
A bylaw to delegate to the Commissioner of Transportation the power to reduce load periods on Regional Roads
Bylaw No. 2015-69
A bylaw to amend Bylaw No. 2013-15 being a bylaw to establish retention periods for records of The Regional Municipality of York Polices Services Board
Bylaw No. 2015-70
To acquire certain lands for or in connection with the construction of the bus rapid transit corridor on Yonge Street, in the Town of Richmond Hill
Bylaw No. 2015-71
A bylaw to authorize an agreement for the provision of a municipal capital facility at 3601 Highway 7, City of Markham
Carried
Motions
213 Special Committee of the Whole – November 26, 2015
It was moved by Regional Councillor Wheeler, seconded by Mayor Pellegrini that there will be a Special Meeting of Committee of the Whole on November 26, 2015 at 9 a.m. to consider the draft 2016 York Regional Police Budget and 2017-2018 Outlook.
Carried
(See Minute No. 195 and Clause 22 of Committee of the Whole Report No. 17.)
214 Council Education Session – November 26, 2015
It was moved by Regional Councillor Wheeler, seconded by Mayor Pellegrini that Regional Council hold a meeting that is closed to the public pursuant to subsection 239(3.1) of the Municipal Act for the purposes of educating its Members on the Region’s Fiscal Strategy and Debt Management.
The meeting will be held on Thursday, November 26, 2015 in the Council Chambers, Regional Administrative Centre, 17250 Yonge Street, Newmarket, Ontario, commencing at 10 a.m. or immediately following the Special Meeting of the Committee of the Whole.
Carried
(See Clause 23 of Committee of the Whole Report No. 17.)
Notices of Motion
215 Election – Regional Chair
Notice of the following Motion was included on the Agenda for this meeting:
It was moved by Regional Councillor Joe Li, seconded by Mayor Altmann:
Whereas the Regional Municipality of York ("York Region”) was established in 1971;
And Whereas the head of the council of York Region (the “Regional Chair”) has always been appointed by the members of council, pursuant to the applicable legislation;
And Whereas in 2003, a second option was introduced under subsection 218(1) of the Municipal Act, 2001 (the “Act”), which permits the head of council of an upper-tier municipality, to be “elected by general vote”, in accordance with the Municipal Elections Act, 1996, as an alternative to appointment by Regional Council, subject to the process set out in the Act;
And Whereas subsection 219(2) of the Act sets out a cumbersome process to change from appointment to direct election of the Regional Chair, referred to as the “triple majority”;
And Whereas the following Regional Municipalities now elect their Regional Chair by general vote under the Municipal Elections Act, 1996:
Regional Municipality of Halton
Regional Municipality of Durham
Regional Municipality of Waterloo
And Whereas Private Member’s Bill 42, the Municipal Amendment Act (Election of Chair of York Region), 2014, was tabled in the Ontario Legislature on November 14, 2014 by the MPP for Newmarket-Aurora, Chris Ballard (the “Bill”), and has been given second reading and referred to the Standing Committee on the Legislative Assembly;
And Whereas the Bill proposes revisions to subsection 218(1) of the Municipal Act, 2001 that require the Regional Chair to be elected by a general vote in accordance with the Municipal Elections Act, 1996;
And Whereas on June 28, 2012, York Region Council resolved not to support Bill 60, a predecessor of Bill 42, and to retain the status quo regarding the election of the Regional Chair;
And Whereas the present process of York Region Council appointing their own Regional Chair deprives the residents of a democratic process for a senior member of Regional government.
Now Therefore Be It Resolved That:
1. The Regional Municipality of York express its support for Bill 42, and request the Province of Ontario to pass Bill 42 and require the head of Council of The Regional Municipality of York to be elected by general vote in accordance with the Municipal Elections Act, 1996, beginning in the next municipal election; and,
2. This Motion be sent to The Honourable Kathleen Wynne, Premier of Ontario, The Honourable Ted McMeekin, Minister of Municipal Affairs and Housing, Patrick Brown, Leader of the Official Opposition (Progressive Conservative Party), Andrea Horwath, Leader of the New Democratic Party, all MPPs in York Region, including Chris Ballard, and the Councils of all municipalities within York Region.
It was moved by Regional Councillor Jones, seconded by Regional Councillor Wheeler that the foregoing Motion be referred to the February 18, 2016 meeting of Regional Council and that staff report back with further information relating to Region-wide election of Regional Chairs in other jurisdictions.
Carried
216 Review of York Regional Governance
It was moved by Mayor Dawe, seconded by Mayor Van Bynen that the requirements of Procedure Bylaw 2014-81 be waived and that the following motion be considered at this meeting of Council.
Carried with a 2/3 majority
It was moved by Mayor Van Bynen, seconded by Mayor Bevilacqua that staff report back to the February 18, 2016 meeting of Regional Council with Terms of Reference for a comprehensive review of Regional governance.
Carried
Other Business
217 Agricultural Advisory Liaison Group
It was moved by Mayor Altmann, seconded by Mayor Hackson, as follows:
Whereas Council re-established an Agricultural Advisory Liaison Group in March 2015 and approved a new Terms of Reference for the 4-year Council mandate;
And Whereas the group’s Terms of Reference are predicated on the goals of: informing efforts to protect agricultural lands; promoting economic contributions of agriculture and healthy rural communities; strengthening the public understanding of connections between food, local agriculture and sustainability;
Now be it resolved that:
Staff be requested to report to Council in 2016 with an update on 2015 activities and planned activities for 2016 for the Agricultural Advisory Liaison Group including the potential for expanded partnerships with agricultural groups like the Golden Horseshoe Food and Farming Alliance and/or GTA Agricultural Action Committee
Carried
218 Thornhill Village Festival
Mayor Scarpitti presented the Regional Chair with a plaque from the Society for the Preservation of Historic Thornhill in recognition of the Region’s support of the Thornhill Village Festival.
Consideration and Adoption of Private Items
219 Private Session
It was moved by Mayor Altmann, seconded by Regional Councillor Jones that Council convene in Private Session for the purpose of considering the following.
1. Buttonville Airport Redevelopment - Litigation
2. Cost-sharing Agreement – Nobleton Water Resource Recovery Facility – Potential Litigation
3. Private Attachment to Clause 20 Committee of the Whole Report 17 - Community Investment Strategy Projects Recommended for 2016 Funding - Security of Regional Property
4. Verbal Update – Personal Item about an Identifiable Individual
Carried
Council met in Private Session at 1:43 p.m. and reconvened in public at 2:03 p.m.
It was moved by Regional Councillor Jones, seconded by Mayor Quirk that Council rise and report from Private Session.
Carried
220 Buttonville Airport Redevelopment
It was moved by Mayor Scarpitti, seconded by Regional Councillor Jones that Council adopt the confidential direction to staff.
Carried
221 Cost-sharing Agreement – Nobleton Water Resource Recovery Facility
It was moved by Regional Councillor Wheeler, seconded by Mayor Van Bynen that Council adopt the recommendation in the private report of the Commissioner of Environmental Services dated October 27, 2015, as follows:
1. Council authorize an agreement between York Region and Hamleys Developments Inc. for the supply and replacement of stainless steel piping at the Nobleton Water Resource Recovery Facility and Pumping Station in the amount of $710,217 excluding HST.
Carried
222 Private Attachment to Clause 20 Committee of the Whole Report 17 - Community Investment Strategy Projects Recommended for 2016 Funding
It was moved by Regional Councillor Taylor, seconded by Mayor Dawe that Council receive the private attachment and make it public.
Carried
223 Verbal Update – Personal Matter about an Identifiable Individual
It was moved by Regional Councillor Hogg, seconded by Regional Councillor Spatafora the Council receive the confidential update.
Carried
Confirmatory Bylaw
[Click on the title of the following Bylaw to view the item]
224 Bylaw 2015-65
It was moved by Mayor Van Bynen, seconded by Regional Councillor Spatafora that Council enact Bylaw No. 2015-65 to confirm the proceedings of this meeting of Council held on November 19, 2015.
The Council meeting adjourned at 2:06 p.m.
____________
Regional Clerk
Minutes to be confirmed and adopted at the meeting of Regional Council held on December 17, 2015.
____________
Regional Chair
