The Council of The Regional Municipality of York
Minutes of the
Meeting Held on February 18, 2016
Regional Council met at 9 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, J. Heath, B. Hogg, J. Jones, J. Li, G. Rosati, V. Spatafora, J. Taylor
Staff:
D. Basso, B. Hughes, J. Hulton, D. Kostopoulos, Dr. K. Kurji, B. Macgregor, E. Mahoney, V. Shuttleworth, M.F. Turner, A. Urbanski
[Accessible formats or communication supports are available upon request
Contact: Regional Clerk’s Office, @email, 18774649675 extension 71320]
Minutes
12 Minutes of the Council Meeting Held on January 21, 2016
It was moved by Mayor Hackson, seconded by Regional Councillor Li that Council confirm the Minutes of the Council meeting held on January 21, 2016 in the form supplied to the Members.
Carried
Motion
13 Regional Councillor Wheeler
It was moved by Mayor Quirk, seconded by Mayor Barrow that:
Whereas section 259 of the Municipal Act provides that the seat of a member becomes vacant if the member is absent from the meetings of the council for three successive months without being authorized to do so by resolution of the council;
And Whereas Regional Councillor Wheeler last attended Regional Council on November 26, 2015;
And Whereas Regional Councillor Wheeler was first absent from Regional Council on December 17, 2015, and has been absent since that date due to illness;
Now Therefore Be It Resolved That Council permit the absence of Regional Council Wheeler to continue until he feels his health has improved so that he may resume his duties as a Member of this Council.
Carried
Deputations
Council heard the following deputation:
14 Election – Regional Chair
It was moved by Regional Councillor Li, seconded by Regional Councillor Heath that Council receive the deputation from Karen Rea, Ward 4 Councillor, City of Markham and refer it to consideration of the motion moved by Regional Councillor Li relating to Bill 42.
Carried
(See Minute Nos. 17, 21, 22 and 24.)
Communications
[Click on the names associated with the following Communications to view them]
Council considered the following communications:
15 Zika Virus Infection
It was moved by Regional Councillor Heath, seconded by Mayor Bevilacqua that Council receive the communication from Dr. Karim Kurji, Medical Officer of Health dated February 18, 2016.
Carried
16 AMO/LAS - Municipal Investment Powers
It was moved by Mayor Van Bynen, seconded by Mayor Dawe that:
1. Council receive the following communications:
• Jason Hagan, Program Manager, Association of Municipalities of Ontario dated February 9, 2016.
• Bill Hughes, Commissioner of Finance dated February 18, 2016.
2. Council adopt the following resolution:
Whereas municipalities are required to invest their reserves in accordance with the Municipal Act, 2001 and Ontario Regulation 438/97 (as amended), which specifically outlines allowable investments;
And Whereas to ensure the sustainability and sound stewardship of the municipality’s investments, York Region is of the opinion that changes should be made to the Municipal Act, 2001 and Ontario Regulation 438/97 (as amended), to allow for the prudent investment of reserves, if those investments are professionally managed and part of a broader investment strategy;
And Whereas the Prudent Investor Standard is an industry accepted best practice in effectively managing a portfolio of investments, and the Standard applies to investments, not in isolation, but in the context of the portfolio of investments and as part of an overall strategy, that should incorporate acceptable risk and return objectives suitable to the stakeholders;
And Whereas the Province is conferring “Prudent Investor” status on the City of Toronto to enable greater diversification in portfolio management,
And Whereas the Association of Municipalities of Ontario (AMO), Local Authority Services (LAS), and the Municipal Finance Officers Association of Ontario (MFOA), have long requested that the Prudent Investor Standard apply to all municipal investments that are invested with The One Investment Program;
And Whereas in 2005, municipalities were granted the ability to invest in longer-term corporate bonds and Canadian equity investments via only the One Investment Program, and the One Investment Program has demonstrated strong investment returns for municipalities within these ‘new’ investment sectors;
And Whereas the institutional portfolio managers utilized by the One Investment Program recommend that the Prudent Investor Standard approach is a more appropriate approach to investing;
And Whereas operating municipal investments under the Prudent Investor Standard are precluded by the Municipal Act, 2001 Eligible Investments, in its current form;
Therefore Be It Resolved That Council support the request of AMO, LAS, and MFOA to amend Ontario Regulation 438/97 (as amended) of the Municipal Act, 2001, to allow municipalities to invest consistent with the Prudent Investor Standard, if such investments are through the One Investment Program.
And Be It Further Resolved That Council supports amending Ontario Regulation 438/97 (as amended) of the Municipal Act, 2001, to allow qualified municipalities, including York Region, to invest consistent with the Prudent Investor Standard.
Carried
17 Election - Regional Chair
It was moved by Regional Councillor Ferri, seconded by Mayor Hackson that Council receive the following communications and refer them to consideration of the motion moved by Regional Councillor Li relating to Bill 42:
• Fernando Lamanna, Municipal Clerk, Town of East Gwillimbury dated January 21, 2016
• Lisa Lyons, Deputy Clerk, Town of Newmarket dated February 9, 2016
• Eileen Liasi, Resident of the City of Markham dated February 17, 2016
Carried
(See Minute Nos. 14, 21, 22 and 24.)
Consideration and Adoption of Reports
[Click on the titles of the following Reports to view them]
18 Report No. 2 of Committee of the Whole – February 4, 2016
It was moved by Regional Councillor Spatafora, seconded by Regional Councillor Taylor that Council adopt the recommendations in Report No. 2 of Committee of the Whole.
Carried
19 Report No. 3 of Committee of the Whole – February 11, 2016
It was moved by Regional Councillor Di Biase, seconded by Mayor Pellegrini that Council adopt the recommendations in Report No. 3 of Committee of the Whole.
Regional Municipal Comprehensive Review Work Plan Update (Clause 1)
It was then moved in amendment by Regional Councillor Di Biase, seconded by Regional Councillor Jones that Council receive the report dated January 28, 2016 from the Commissioner of Corporate Services and Chief Planner and adopt the following:
Whereas Amendment 2 to the provincial growth plan forecasts population and employment expectations through 2041 and requires that York Region amend its Official Plan to conform with these forecasts by 2018.
And Whereas a Regional Official Plan update is being coordinated through a Municipal Comprehensive Review which, in York Region, is integrated with infrastructure master plan updates that will inform the Development Charges necessary to fund the required infrastructure.
And Whereas the provincial growth plan includes an intensification target stipulating that by 2015, and every year thereafter, a minimum of 40% of all residential growth will be accommodated within the 2006 built boundary.
And Whereas since growth in York Region has exceeded this target over the last decade, planning scenarios with more than 40% intensification have been considered by Council.
And Whereas Regional Council has continually sought, as recently as May 2015, provincial assistance in providing the necessary infrastructure to support the targeted levels of growth and intensification – in particular, in the area of rapid transit.
And Whereas intensification within the built boundary is heavily reliant upon rapid transit investments including:
a. the Spadina and Yonge North subway extensions
b. bus rapid transit on Hwy 7, Yonge Street and Davis Drive
c. improving GO rail service, to levels comparable to those currently available on the Lakeshore routes, through the Regional Express Rail project
And Whereas interregional rapid transit investments are expected to be advanced through an agency of the province, Metrolinx, created for that purpose and funded by provincial and federal levels of government through their considerably larger tax base.
And Whereas to date, the bus rapid transit projects are being advanced while only one of the critical subway projects (Spadina) has been substantially advanced, at considerable cost to York Region.
And Whereas Provincial investment in critical, inter-regional transit initiatives to support higher than minimum levels of intensification is yet to be confirmed.
And Whereas the Planning Act requires that the Official Plan be reviewed every 5 years – providing a future opportunity to increase targeted intensification commensurate with the availability of rapid transit options.
Therefore be it resolved:
1. For the purposes of the current Municipal Comprehensive Review, Council confirm a minimum intensification target of 40%, consistent with the provincial growth plan.
A recorded vote on the adoption of the amendment was as follows:
For: Altmann, Armstrong, Barrow, Bevilacqua, Di Biase, Ferri, Hackson, Jones, Li, Rosati, Scarpitti, Spatafora (12)
Against: Dawe, Heath, Hogg, Pellegrini, Quirk, Taylor, Van Bynen (7)
Carried
The main motion moved by Regional Councillor Di Biase, seconded by Mayor Pellegrini that Council adopt the recommendations as amended in Report No. 3 of Committee of the Whole, carried as amended.
20 Report No. 1 of the Audit Committee – February 3, 2016
It was moved by Mayor Hackson, seconded by Mayor Dawe that Council adopt the recommendations in Report No. 1 of the Audit Committee.
Carried
21 Region-wide Election of the Regional Chair in Other Jurisdictions
It was moved by Regional Councillor Jones, seconded by Mayor Quirk that Council receive Report No. 1 of the Chief Administrative Officer dated February 11, 2016 regarding “Region-wide Election of the Regional Chair in Other Jurisdictions”.
Carried
(See Minute Nos. 14, 17, 22 and 24.)
22 Terms of Reference for a Review of Regional Governance
It was moved by Mayor Van Bynen, seconded by Mayor Bevilacqua that Council adopt the recommendations in Report No. 2 of the Chief Administrative Officer regarding “Terms of Reference for a Review of Regional Governance” as amended to read as follows:
1. Council approve the terms of reference for a review of Regional governance to consider the following issues:
a. Manner of electing the Regional Chair
b. Council composition, including various options for calculating the optimal number of Members
c. Direct vs double direct election of Members – including at large, within each municipality, by wards or shared between two or more municipalities
d. Weighted voting
2. The review target a completion date of no later than December 15, 2016.
Carried
(See Minute Nos. 14, 17, 21 and 24.)
Introduction and Approval of Bylaws
23 Bylaws
It was moved by Mayor Altmann, seconded by Regional Councillor Armstrong that Council approve and enact the following bylaws in the form as noted on the Revised Agenda.
Bylaw No. 2016-8
A bylaw to establish tax ratios and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses for 2016
Bylaw No. 2016-9
A bylaw to establish charges for the uniform water service rate
Bylaw No. 2016-10
A bylaw to establish charges for the uniform wastewater service rate
Bylaw No. 2016-11
A bylaw to authorize the borrowing upon amortizing debentures in the principal amount of $3,267,700.00 towards the cost of the LED Streetlight Conversion capital work of The Corporation of the Town of Aurora
Bylaw No. 2016-12
A bylaw to establish a public highway to form part of Major Mackenzie Drive West (YR 25)
Bylaw No. 2016-13
A bylaw to add certain lands to the Regional Road System in the Town of Richmond Hill to form part of Yonge Street (YR1) and 16th Avenue (YR73)
Bylaw No. 2016-15
A bylaw to abandon certain lands for or in connection with the widening and reconstruction of Highway 7 (YR 7), City of Markham
Carried
Motions
24 Election – Regional Chair
(This motion was referred from the November 19, 2015 meeting of Regional Council.)
It was moved by Regional Councillor Li, seconded by Mayor Altmann that:
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.
A recorded vote on the adoption of the motion was as follows:
For: Altmann, Armstrong, Jones, Li, Taylor (5)
Against: Barrow, Bevilacqua, Dawe, Di Biase, Ferri, Hackson, Heath, Hogg, Pellegrini, Quirk, Rosati, Scarpitti, Spatafora, Van Bynen (14)
Lost
It was moved by Mayor Quirk, seconded by Mayor Hackson that Council forward the outcome of this motion, the report titled “Region-wide Election of the Regional Chair in Other Jurisdictions” and the report titled “Terms of Reference for a Review of Regional Governance” 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
• The Clerk of the Standing Committee on the Legislative Assembly
• Councils of all municipalities within York Region
Carried
(See Minute Nos. 14, 17, 21 and 22.)
25 Council Education Session – March 31, 2016
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Di Biase that Regional Council hold a meeting that is closed to the public pursuant to section 239(3.1) of the Municipal Act for the purposes of educating its Members on the Municipal Comprehensive Review process including the legislative and policy context and density and intensification requirements.
The meeting will be held on Thursday, March 31, 2016 in the Council Chambers, Regional Administrative Centre, 17250 Yonge Street, Newmarket, Ontario commencing at 9 a.m.
Carried
Other Business
26 Appointment to the Royal Agricultural Winter Fair
Regional Chair Emmerson informed Council that he has appointed Mayor Pellegrini as York Region’s representative on the Royal Agricultural Winter Fair Board of Governors.
Consideration and Adoption of Private Items
27 Private Session
It was moved by Mayor Pellegrini, seconded by Regional Councillor Hogg that Council convene in Private Session for the purpose of considering the following.
1. Durham York Energy Centre Update - Solicitor-Client Privilege
2. Court Services Capacity and Program Pressures - Solicitor-Client Privilege
3. Toronto-York Spadina Subway Extension - Solicitor-Client Privilege and Potential Litigation
4. Buttonville Airport Redevelopment - Litigation
Carried
Council met in Private Session at 12:33 p.m. and reconvened in public at 1:16 p.m.
It was moved by Regional Councillor Heath, seconded by Mayor Barrow that Council rise and report from Private Session.
Carried
28 Durham York Energy Centre Update
It was moved by Regional Councillor Ferri, seconded by Regional Councillor Di Biase that Council receive the confidential memorandum dated February 4, 2016 from the Commissioner of Environmental Services.
Carried
29 Court Services Capacity and Program Pressures
It was moved by Mayor Barrow, seconded by Mayor Pellegrini that Council receive the confidential report of the Regional Solicitor dated January 29, 2016.
Carried
30 Toronto-York Spadina Subway Extension
It was moved by Mayor Bevilacqua, seconded by Mayor Scarpitti that:
1. Council receive the confidential report of the Chief Administrative Officer dated February 3, 2016.
2. Council adopt the confidential direction to staff.
3. Council amend recommendation 2 in Clause 20 of Committee of the Whole Report No. 3 to read:
Approve additional funding of up to $160 million as York Region’s potential share of the TYSSE Project cost increase, while reserving the Region’s rights to seek cost recovery.
Carried
(See Minute No. 19.)
31 Buttonville Airport Redevelopment
It was moved by Mayor Scarpitti, seconded by Regional Councillor Heath that Council receive the confidential presentation by the Chief Planner and Director, Infrastructure Management and PMO.
Carried
Confirmatory Bylaw
32 Bylaw 2016-14
It was moved by Mayor Bevilacqua, seconded by Regional Councillor Heath that Council enact Bylaw No. 2016-14 to confirm the proceedings of this meeting of Council held on February 18, 2016.
The Council meeting adjourned at 1:19 p.m.
____________
Regional Clerk
Minutes confirmed and adopted at the meeting of Regional Council held on March 24, 2016.
____________
Regional Chair
