The Council of The Regional Municipality of York
Minutes of the
Meeting Held on November 16, 2017
[Accessible formats or communication supports are available upon request
Contact: Regional Clerk’s Office, @email, 18774649675 extension 71320]
Regional Council met at 9:01 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, N. Davison, M. Ferri, J. Heath, B. Hogg,
J. Jones, J. Li, G. Rosati, S. Singh, V. Spatafora, J. Taylor
Staff:
D. Basso, K. Chislett, B. Hughes, J. Hulton, P. Jankowski, K. Kurji,
B. Macgregor, E. Mahoney, V. Shuttleworth, M.F. Turner
Opening Remarks from Regional Chairman
157 Regional Chair Emmerson made the following remarks:
“I would like to begin today’s meeting by acknowledging that York Region extends over lands originally used and occupied by Indigenous Peoples, and on behalf of York Region, I would like to thank First Nations and the Métis for sharing this land.
I would also like to acknowledge the Chippewas of Georgina Island First Nation as our closest First Nation community.”
Disclosures of Interest
158 Proposed 2018 Regional Budget
(Minute No. 160)
Mayor Quirk declared an interest in Minute No. 160 due to her husband being a retired York Regional Police officer and also currently working for York Regional Police on a part-time basis, and her step-son being a current York Regional Police officer. Mayor Quirk did not take part in the discussion of or vote on the York Regional Police portion of the Proposed 2018 Regional Budget.
(See Minute No. 160)
Minutes
159 Minutes of the Council Meeting Held on October 19, 2017
It was moved by Mayor Barrow, seconded by Regional Councillor Singh that Council confirm the Minutes of the Council meeting held on October 19, 2017 in the form supplied to the Members.
Carried
Presentation
[Click on the title of the following Presentation to view it]
160 Proposed 2018 Regional Budget
Bill Hughes, Commissioner of Finance and Regional Treasurer, provided Council with an overview of the proposed 2018 Regional Budget.
Mr. Hughes indicated that the draft 2018 budget comprises a $2.2 billion operating budget and a $810 million capital budget. This would result in a tax increase of 2.77%, an average increase of $65 per household.
Mr. Hughes presented an option of a new Roads Capital Acceleration Reserve to advance road projects which are already in the capital plan. This would require a 1% incremental roads tax levy each year for five years and would allow high priority road projects to proceed sooner without increasing external debt.
The next step in the budget is for a detailed review of departmental and other budgets at Committee of the Whole on November 30 and December 7, 2017, with final approval of the budget anticipated at Council’s December 14, 2017 meeting.
It was moved by Mayor Barrow, seconded by Mayor Pellegrini that Council receive the presentation.
Carried
It was moved by Mayor Barrow, seconded by Mayor Pellegrini that Council receive the Proposed 2018 Regional Budget, excluding the York Regional Police Budget.
Carried
It was moved by Mayor Barrow, seconded by Mayor Pellegrini that Council receive the Proposed 2018 York Regional Police Budget.
Carried
Deputations
161 Draft Metrolinx 2041 Regional Transportation Plan
It was moved by Regional Councillor Jones, seconded by Regional Councillor Ferri that Council receive the deputation from Fred Winegust, Thornhill resident and refer it to consideration of Clause 3 in Committee of the Whole Report No. 15.
Carried
(See Minute No. 170)
Communications
[Click on the titles of the following Communications to view them]
162 Petition - The Missing Link
It was moved by Mayor Scarpitti, seconded by Regional Councillor Heath that Council receive the communication and petition against The Missing Link, from Ricardo Mashregi, Chair, Grandview Area Residents Association, Markham dated November 8, 2017 and refer it to consideration of Clause 3 in Committee of the Whole Report No. 15.
Carried
(See Minute No. 170)
163 Comments regarding Draft Metrolinx 2041 Regional Transportation Plan
It was moved by Regional Councillor Jones, seconded by Regional Councillor Ferri that Council receive the communication from Fred Winegust, Thornhill resident, dated November 8, 2017 and refer it to consideration of Clause 3 in Committee of the Whole Report No. 15.
Carried
(See Minute No. 170)
164 Legalization of Recreational Cannabis
It was moved by Mayor Van Bynen, seconded by Regional Councillor Spatafora that Council receive the communication from Joy Hulton, Regional Solicitor and Katherine Chislett, Commissioner of Community and Health Services, dated November 16, 2017 and adopt the following resolution contained in amended Attachment 1:
Resolution Re: Bill 174 – Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017
Whereas the Government of Canada introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, to legalize and regulate the production, distribution and sale of cannabis and cannabis products by July 2018; and
Whereas the Ontario government introduced Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 (the Cannabis Act) in preparation for the federal legalization of cannabis and cannabis products; and
Whereas Bill 174 is intended to ensure that Ontario will be prepared to implement the requirements of the federal legislation by:
• Creating a regulated retail and distribution system for cannabis products.
• Establishing 19 as the minimum age to use, buy, possess and cultivate cannabis in Ontario.
• Diverting youth under the age of 19 from the justice system through harm reduction programs focused on education and prevention.
• Banning the use of cannabis in public places, workplaces and motor vehicles, similar to alcohol.
• Regulating the public consumption of medical cannabis under the proposed new Smoke-Free Ontario Act, 2017.
• Introducing new provincial offences with strict, escalating penalties.
• Establishing tougher impaired driving laws including a zero-tolerance approach for young, novice and commercial drivers; and
Whereas municipalities and municipally funded services, including police, will face increases in costs and demands for services related to the implementation and enforcement of the Cannabis Act;
NOW therefore be it resolved that:
1. The Regional Municipality of York requests that the Government of Ontario and the Government of Canada:
i. ensure that municipal governments are fully funded on a cost-recovery basis and provided the necessary supports for their role in implementing and enforcing the new recreational cannabis regime, including increases in demands for service and training requirements associated with their role.
ii. ensure the Ministry of Health and Long Term Care provide 100% funding for public health programs to fund the impact on those programs arising from the implementation of legalized recreational cannabis, including but not limited to public education, addiction and related services, and enforcement of the use of medical cannabis under the Smoke Free Ontario Act, 2017.
iii. ensure that municipal governments receive an appropriate portion of sales and tax revenue from the sale of recreational cannabis to fund the impacts on their services and programs.
iv. amend section 165(5)(d) of the Provincial Offences Act to ensure that municipalities responsible for operating a POA Court retain all fine revenue associated with offences under the federal Cannabis Act and Controlled Drugs and Substances Act prosecuted in their court.
2. A copy of this resolution be forwarded to Premier Kathleen Wynne, the Honourable Eric Hoskins, Minister of Health and Long-Term Care, the Honourable Yasir Naqvi, Attorney General, the Honourable Charles Sousa, Minister of Finance, the Honourable Ginette Petitpas Taylor, Minister of Health, and the Association of Municipalities of Ontario.
Carried
165 Amended Resolution on the Financial Implications of the Cannabis Act
It was moved by Mayor Hackson, seconded by Mayor Bevilacqua that Council receive the communication from Mafalda Avellino, Executive Director, The Regional Municipality of York Police Services Board dated November 15, 2017 and endorse the following resolution of the York Regional Police Services Board:
WHEREAS the Government of Canada has introduced Bill C-45, an Act that will provide legal access to cannabis and will control and regulate its production, distribution and sale (hereinafter the “Cannabis Act”);
AND WHEREAS the Government of Canada has introduced Bill C-46, which will amend the provisions of the Criminal Code of Canada that deal with offences and procedures relating to drug-impaired driving (hereinafter the “Criminal Code amendments”);
AND WHEREAS the Government of Canada has pledged to enact the Cannabis Act and the Criminal Code amendments and legalize recreational cannabis in prescribed circumstances as of July of 2018;
AND WHEREAS the Government of Ontario has introduced Bill 174 which will, inter alia, regulate the use and distribution of recreational cannabis in Ontario and amend the provisions of the Highway Traffic Act that deal with offences and procedures related to drug-impaired driving (hereinafter the “Ontario Cannabis Act, 2017”);
AND WHEREAS, having regard to the experiences of other jurisdictions that have legalized cannabis, the enactment of the Cannabis Act, the Criminal Code amendments, and the Ontario Cannabis Act, 2017:
Will result in increased cannabis consumption and a corresponding increase in demands on police resources for cannabis related enforcement and calls for service;
Will result in an increase in the number of Criminal Code and Highway Traffic Act offences associated with cannabis consumption and driving; and
Will not eliminate the prevalence of organized crime in the production, distribution and sale of cannabis;
AND WHEREAS the enactment of the Cannabis Act, the Criminal Code amendments and the Ontario Cannabis Act, 2017 will result in a significant increase in York Regional Police training costs associated with, inter alia, cannabis enforcement, standard field sobriety testing, the use of roadside drug testing equipment and qualifying police officers as drug recognition experts for the purpose of impaired driving investigations and trials;
AND WHEREAS the enactment of the Cannabis Act, the Criminal Code amendments and the Ontario Cannabis Act, 2017 will require York Regional Police to purchase expensive roadside drug testing equipment and supplies at an estimated cost of $1.7 million over the first three years;
AND WHEREAS the enactment of the Cannabis Act, the Criminal Code amendments and the Ontario Cannabis Act, 2017 will require York Regional Police to hire and train additional front line officers to respond to the increase in demands on police resources for cannabis related enforcement and calls for service at an estimated cost of $5.7 million annually;
AND WHEREAS the Regional Municipality of York Police Services Board (the “Board”) has determined, based on a financial outlook and having regard to the experiences of other jurisdictions that have legalized cannabis, that the approximate additional expenses that York Regional Police will incur as a result of the enactment of the Cannabis Act, the Criminal Code amendments and the Ontario Cannabis Act, 2017 is $5.7 million in 2018; $6.4 million in 2019; and $8.6 million in 2020; which, on average, amounts to approximately $6.9 million per annum or two per cent of the police services annual operating budget;
AND WHEREAS, in the absence of sufficient funding from the Government of Canada and the Government of Ontario, presumably from cannabis related sales and taxation, the citizens of York Region will be required to bear the brunt of these policing cost increases either through a significant increase in their property taxes or a significant decrease in the level of service provided to them by York Regional Police;
AND WHEREAS, on July 10, 2017, the Board endorsed a Board Resolution on the effective policing of the Cannabis Act and forwarded the resolution to the Canadian Association of Police Governance, the Ontario Association of Police Services Boards, the Premier of Ontario, Ministry of Community Safety and Correctional Services, local Members of Parliament and Members of Provincial Parliament and the Federation of Canadian Municipalities.
THEREFORE, BE IT RESOLVED THAT:
1. The Board calls on the Government of Canada and the Government of Ontario to provide funding to the Board, in the amount of $5.7 million for 2018, $6.4 million for 2019 and $8.6 million for 2020 to offset the additional expenses that York Regional Police will incur as a result of the enactment of the Cannabis Act, the Criminal Code amendments and the Ontario Cannabis Act, 2017.
2. The Board calls on the Government of Canada and the Government of Ontario to establish a stable funding program for cannabis related law enforcement and to provide sufficient funding to the Board, on an ongoing basis and a rate of approximately two per cent of the York Regional Police operating budget, per annum.
3. The Board calls on the Regional Municipality of York to adopt and endorse this resolution and for the Regional Municipality of York to call upon the Government of Canada and the Government of Ontario to provide the Board with stable and sufficient funding for cannabis related law enforcement as aforesaid.
Carried
166 Contract Renewal for Waste and Recycling at York Region Transit Facilities - Additional Information
It was moved by Regional Councillor Taylor, seconded by Regional Councillor Armstrong that Council receive the communication from Paul Jankowski, Commissioner of Transportation Services dated November 16, 2017 and refer it to consideration of Clause 7 in Committee of the Whole Report No. 15.
Carried
(See Minute No. 170)
167 Holiday Shopping Bylaw
It was moved by Mayor Van Bynen, seconded by Mayor Dawe that Council receive the communication from Debra Scott, President and Chief Executive Officer, Newmarket Chamber of Commerce dated November 14, 2017 and refer it to consideration of Clause 4 in Committee of the Whole Report No. 16.
Carried
(See Minute No. 171)
168 Retail Business Holidays Act Application
It was moved by Mayor Van Bynen, seconded by Mayor Dawe that Council receive the communication from Kimberley Kitteringham, City Clerk, City of Markham dated November 15, 2017 and refer it to consideration of Clause 4 in Committee of the Whole Report No. 16.
Carried
(See Minute No. 171)
169 Richmond Hill / Langstaff Gateway Regional Centre - Growth Capacity and Timing - Amended Attachment Material
It was moved by Mayor Barrow, seconded by Regional Councillor Spatafora that Council receive the communication from Paul Jankowski, Commissioner of Transportation Services dated November 15, 2017 and refer it to consideration of Clause 9 in Committee of the Whole Report No. 16.
Carried
(See Minute No. 171)
Consideration and Adoption of Reports
[Click on the titles of the following Committee Reports to view them]
170 Report No. 15 of Committee of the Whole – November 2, 2017
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Ferri that Council adopt the recommendations in Report No. 15 of Committee of the Whole with the following amendments as noted:
Draft Metrolinx 2041 Regional Transportation Plan (Clause 3)
1. Council endorse Metrolinx’s draft 2041 Regional Transportation Plan subject to the following clarifications:
a) Delineation of the Downtown Relief Line into two phases on the maps (south of TTC Line 2 (Danforth Avenue) – phase 1, north of TTC Line 2 (Danforth Avenue) – phase 2).
b) Inclusion in the 2041 Frequent Rapid Transit Network of Bus Rapid Transit on Green Lane, and Major Mackenzie Drive East, and a Concord GO station on the Barrie GO RER Line, as per the York Region Transportation Master Plan.
c) Confirmation that the conceptual new freight corridor depicted as part of the “In Delivery” Regional and Rail Rapid Transit Network will not increase freight rail traffic through York Region.
d) Council opposes any proposal which would have the effect of redirecting CP freight onto the CN line through York Region.
2. Council affirm that the Yonge Subway Extension to Richmond Hill remains the number one rapid transit priority for York Region and request setting a target date of no later than 2031 for the opening of the extension.
3. Staff be directed to work closely with Metrolinx to advance the Region’s position with respect to development of the follow-on implementation and funding strategy.
4. This report be submitted to the Ministry of the Environment and Climate Change as York Region’s response to the Environmental Bill of Rights posting 013-1550 “A Call for Comments on the Draft 2041 Regional Transportation Plan”.
5. The Regional Clerk circulate this report to the local municipalities and Metrolinx.
Carried
171 Report No. 16 of Committee of the Whole – November 9, 2017
It was moved by Regional Councillor Li, seconded by Mayor Dawe that Council adopt the recommendations in Report No. 16 of Committee of the Whole with the following amendments as noted:
Holiday Shopping Bylaw (Clause 4)
It was moved by Mayor Scarpitti, seconded by Regional Councillor Armstrong that consideration of the Holiday Shopping Bylaw be deferred in order to conduct further public consultation and report back in April 2018.
A recorded vote on the adoption of the amendment was as follows:
For: Armstrong, Ferri, Scarpitti (3)
Against: Altmann, Barrow, Bevilacqua, Davison, Dawe, Hackson, Heath, Hogg, Jones, Li, Pellegrini, Quirk, Rosati, Singh, Spatafora, Taylor, Van Bynen (17)
Lost
It was moved by Mayor Scarpitti, seconded by Regional Councillor Armstrong that staff report back in the first quarter of 2018 regarding including Canada Day in the Holiday Shopping Bylaw as a day that retail businesses must be closed.
A recorded vote on the adoption of the amendment was as follows:
For: Armstrong, Ferri, Heath, Rosati, Scarpitti, Taylor (6)
Against: Altmann, Barrow, Bevilacqua, Davison, Dawe, Hackson, Hogg, Jones, Li, Pellegrini, Quirk, Singh, Spatafora, Van Bynen (14)
Lost
It was moved by Regional Councillor Jones, seconded by Regional Councillor Heath that the recommendations contained in the report dated September 29, 2017 from the Commissioner of Corporate Services, the Chief Planner and the Regional Solicitor be adopted.
A recorded vote on the adoption of the recommendations in the staff report was as follows:
For: Altmann, Barrow, Bevilacqua, Davison, Dawe, Hackson, Heath, Hogg, Jones, Li, Pellegrini, Quirk, Rosati, Singh, Spatafora, Taylor, Van Bynen (17)
Against: Armstrong, Ferri, Scarpitti (3)
Carried
Richmond Hill / Langstaff Gateway Regional Centre – Growth Capacity and Timing (Clause 9)
It was moved by Mayor Barrow, seconded by Mayor Scarpitti that the recommendations contained in the report dated October 27, 2017 from the Commissioner of Corporate Services, the Commissioner of Transportation Services and the Chief Planner be adopted, including Attachment 1 as amended by the communication from the Commissioner of Transportation Services dated November 15, 2017.
Carried
2018 Municipal Election (Clause 16)
It was moved by Regional Councillor Li, seconded by Mayor Dawe that recommendation 4 be amended as follows:
Staff be directed to report back on the viability and options for implementing a municipal election contribution rebate program.
Carried
Introduction and Approval of Bylaw
172 Bylaw
It was moved by Mayor Scarpitti, seconded by Regional Councillor Armstrong that consideration of Bylaw No. 2017-55 be deferred to the December 14, 2017 Regional Council meeting.
Lost
It was moved by Regional Councillor Davison, seconded by Mayor Altmann that Council approve and enact the following bylaw in the form as noted on the Revised Agenda.
[Click on the number of the following Bylaw to view it]
Bylaw No. 2017-55
A bylaw respecting retail business holiday closures in The Regional Municipality of York
Carried
Other Business
173 Relocation of Celestica’s Manufacturing Operations to the Town of Newmarket
Mayor Van Bynen spoke to the recent announcement that Celestica would be moving its manufacturing operations to the Town of Newmarket and acknowledged the hard work of the Region’s Economic Development staff in helping to facilitate this matter.
Consideration and Adoption of Private Items
174 Private Session
It was moved by Mayor Bevilacqua, seconded by Mayor Barrow that Council convene in Private Session for the purpose of considering the following.
1. Private Attachment to Clause 7 of Committee of the Whole Report No. 16 – Appointments to the York Region Planning Advisory Committee – Personal Information
Carried
Council met in Private Session at 12:40 and reconvened in public at 12:42.
It was moved by Mayor Scarpitti, seconded by Councillor Hogg that Council rise and report from Private Session.
Carried
175 Private Attachment to Clause 7 of Committee of the Whole Report No. 16 – Appointments to the York Region Planning Advisory Committee
It was moved by Mayor Scarpitti, seconded by Regional Councillor Hogg that the following be appointed to the York Region Planning Advisory Committee:
| Resident Members | Municipality |
|---|---|
| Eric Chan | City of Vaughan |
| Sandra Fitzpatrick | City of Vaughan |
| Steve Foglia | Town of Newmarket |
| Carolyn Kellington | Township of King |
| Norma McClinton | Town of Aurora |
| Peter Miasek | City of Markham |
| Laura Witherow | Town of Newmarket |
| Thomas Dysart | Town of East Gwillimbury |
Identification of the following alternate members for staff to appoint in the event that a selected member does not accept the appointment or cannot fulfill his/her obligation:
| Alternate Members | Municipality |
|---|---|
| Amy Cross Mattei | City of Vaughan |
| Hamid Mazaheri | Town of Richmond Hill |
| Joel Swagerman | Town of Richmond Hill |
| Council Members |
|---|
| Regional Chair Emmerson |
| Mayor Barrow |
| Mayor Dawe |
Carried
Confirmatory Bylaw
[Click on the number of the following Bylaw to view it]
176 Bylaw 2017-56
It was moved by Mayor Bevilacqua, seconded by Regional Councillor Heath that Council enact Bylaw No. 56 to confirm the proceedings of this meeting of Council held on November 16, 2017.
Carried
The Council meeting adjourned at 12:43 p.m.
____________
Regional Clerk
Minutes [to be] confirmed and adopted at the meeting of Regional Council held on December 14, 2017.
____________
Regional Chair
