Council Meeting

Minutes

Meeting #:C#17-18
Date:
-
Location:
Council Chambers
225 East Beaver Creek Road
Richmond Hill, Ontario
Council Members Present:
  • Regional and Local Councillor Spatafora
  • Regional and Local Councillor Hogg
  • Mayor Barrow
  • Councillor Beros
  • Councillor Muench
  • Councillor Liu
  • Councillor West
  • Councillor Cilevitz
  • Councillor Chan

 


Mayor Barrow called the meeting to order at 7:30 p.m.

The following member of the public addressed Council during the Public Forum:

Cindy VanRussell, Niagara Falls, addressed Council regarding a complaint filed with the Integrity Commissioner with respect to the behavior of a Member of Council.

Councillor Muench acknowledged the many events held this past weekend and congratulated Councillor Liu for his participation with 360Kids for the undefeated dodge ball wins, and advised of the successful 2000lbs food donations raised for the charity. 

Councillor West announced that the 10th annual Mill Pond Splash and Eco Festival, hosted by the Toronto Region Conservation Authority was being held on June 3, 2018, highlighted activities and extended an invitation for all residents to take part in the event.

Regional and Local Councillor Hogg acknowledged that many events had taken place on the weekend and advised of her attendance at the 12th annual Seniors' Information Fair held at the Richmond Hill Centre for the Performing Arts on May 25, 2018; Public Works Open House Healthy Yards Event held at the Operations Centre on May 26, 2018; and acknowledged the number of participants who took part in today’s Smart Commute Markham, Richmond Hill 11th annual Bike to Work Day.

Regional and Local Councillor Spatafora advised of his attendance in celebrating Ramadan with the Muslim community on May 27, 2018, acknowledged the successful event and noted the cultural diversity in Richmond Hill.

Councillor Cilevitz announced that today marked the 10th Anniversary of Access Richmond Hill, highlighted the services provided to residents and extended her congratulations to the Access Richmond Hill team for their continued efforts.

There were no emergency/time sensitive matters raised by Members of Council.

  • Moved by:Councillor Cilevitz
    Seconded by:Regional and Local Councillor Hogg

    That the agenda be adopted as distributed by the Clerk with the following addition:

    1.  Correspondence from Brent Barkley, 508 Lynett Crescent, dated May 25, 2018, regarding the Report from the Integrity Commissioner - Agenda Item 13.3

    2.  Withdraw - Member Motion submitted by Councillor Beros regarding Heavy Trucks on North Lake Road - Agenda Item 14.1

    Carried

Councillor Muench declared a pecuniary interest on Agenda Item 13.1.21, regarding the Report from Nigel Bellchamber, Integrity Commissioner, Amberley Gavel Ltd., dated May 18, 2018, regarding recent complaints under the Town's Code of Conduct for Elected Officials, as he was named in the Report.  Councillor Muench left his seat and did not participate in the discussion or voting on this item.

  • Moved by:Councillor Chan
    Seconded by:Regional and Local Councillor Spatafora

    That the minutes of Council Public Meeting C#14-18 held May 9, 2018 be adopted.

    Carried
  • Moved by:Councillor Cilevitz
    Seconded by:Regional and Local Councillor Hogg

    That the minutes of Council Meeting C#15-18 held May 14, 2018 be adopted.

    Carried

Council consented to separate Agenda Items 13.1.11, 13.1.20, and 13.3 for discussion.

On a motion of Regional and Local Councillor Spatafora, seconded by Councillor Chan, Council adopted those Agenda Items and By-laws not identified for separate discussion.

There were no public hearings.

There were no presentations.

Michael Bowcott, 435 Easy Street, former President of the Richmond Hill Lawn Tennis Club, addressed Council regarding the Report of the Integrity Commissioner, dated May 18, 2018.  Mr. Bowcott advised that he had submitted correspondence for the May 22, 2018 Committee of the Whole meeting, reviewed incidents that had been filed involving the Ward 2 Councillor, and noted the Integrity Commissioner’s decisions not to investigate the complaints with no response or follow-up to his rational in a timely manner.  He advised that in his opinion, the Code of Conduct was deficient, as it primarily dealt with staff and did not address Councillors’ dealings with the public.  Mr. Bowcott requested that the Code of Conduct be revised and updated immediately and to use the City of Brampton’s Code of Conduct as a guiding instrument.

Ryan Guetter, Weston Consulting, addressed Council regarding the Recommended South Brookside Tertiary Plan.  He advised of his support to staff’s recommendations as outlined staff report SRPRS.18.111 and looked forward to the next stages of the process for the Tertiary Plan.

The Committee of the Whole presents its Report for meeting CW#08-18 held May 22, 2018 and respectfully recommends that the minutes be adopted as circulated and the following recommendations be approved:

  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That a meeting in accordance with Section 357, and 358, of the Municipal Act, 2001 be held in respect of the application made by the Treasurer and the owners listed in this report at which the applicants may make representations to Committee of the Whole;

    b) That taxes amounting to $89,648.13 be written off pursuant to the provisions of Section 357 of the Municipal Act, 2001;

    c) That taxes amounting to $11,639.48 be written off pursuant to the provisions of Section 358 of the Municipal Act, 2001;

    d) That applicable penalty and interest be adjusted accordingly;

    e) That the Treasurer be directed to adjust the accounts receivable accordingly.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    That the minutes of the Heritage Richmond Hill Committee meeting held April 10, 2018 be adopted as circulated.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the 2018 outdoor special occasion permit request for the Richmond Hill Food Truck Festival, as outlined in staff report SRCS.18.14, be approved.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the “Summary Report” of Richmond Hill’s drinking water system, as set out in staff report SRCS.18.06 and as required under Schedule 22 of O. Reg. 170/03 be received;

    b) That the “Town of Richmond Hill 2017 Annual Report” regulatory reporting for municipal drinking water systems as contained in Appendix #1 to staff report SRCS.18.06 and as required under Section 11 of O. Reg. 170/03 be received; 

    c) That the Ministry of the Environment and Climate Change 2017 Inspection Report for Richmond Hill’s drinking water system, as contained in Appendix #2 to staff report SRCS.18.06 be received;

    d) That updates and information regarding the Quality Management System 2017 Annual Report, as contained in Appendix #3 to staff report SRCS.18.06, be received; 

    e) That Richmond Hill’s Quality Management System “Operational Plan”, version 4.3, as contained in Appendix #4 to staff report SRCS.18.06 be endorsed.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the Zoning By-law Amendment application submitted by Bryan Jackie Thai, Maggie Jade Lu and James Wong for lands known as Lot 170, Registrar’s Compiled Plan 12003 (Municipal Address: 100 Mill Street), File Number D02-16017, as outlined in staff report SRPRS.18.102 be approved;

    b) That the amending Zoning By-law be brought forward to a regular meeting of Council for consideration and enactment.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the Zoning By-law Amendment application submitted by Robert William Rennette and Gracia-Lina May Yoong for lands known as Lots 502, 503, 504 and 505, Plan 133 (Municipal Addresses: 15 and 23 Laurier Avenue), File Number D02-16044, be approved, subject to the following:

    1. That the subject lands be rezoned from the provisions of Zoning By-law 986 to Semi-Detached One (RD1) Zone under Zoning By-law 313-96, and that the amending Zoning By-law establish site specific development standards as outlined in staff report SRPRS.18.105;
    2. That the amending Zoning By-law be brought forward to a regular meeting of Council for consideration and enactment.
    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That staff report SRPRS.18.116 regarding a Private Street Naming Application submitted by Elm Carrville (2016) Inc. for the lands known as Part of Lots 109, 110, and 111, Plan 1960 (Municipal Addresses: 329 and 343 Carrville Road) be approved subject to the following:

    1. That the proposed private street name Howick Lane (P) be approved in accordance with staff report SRPRS.18.116;
    2. That staff be directed to bring forward a by-law to a regularly scheduled Council meeting to implement the approval of the proposed private street.
    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That staff be authorized to implement the pavement marking, signage, and crossing improvements recommended in staff report SRPRS.18.015 for the intersections of Hunter’s Point Drive at Old Surrey Lane and Hunter’s Point Drive at Tiffany Gate;

    b) That the amount of $25,000 be approved to implement the works identified in Recommendation a) to staff report SRPRS.18.015;

    c) That a project be established for the Hunter’s Point Drive enhancements with the $25,000 funded from the Cash to Capital Reserve Fund;

    d) That York Regional Police be notified of the improvements on Hunter’s Point Drive and be requested to provide the necessary enforcement.

    Carried Unanimously
  • Moved by:Councillor Cilevitz

    e) That the Municipal Code be amended to reduce the maximum posted speed limit on Misty Moor Deive from 50 km/h to 40 km/h.

     

  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the lands registered as Instrument No. YR2704280, more specifically described as Parts 1 to 3 on Plan 65R-35903, be established as public highway to form part of East Beaver Creek Road.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the assumption of the aboveground and belowground municipal services within Plan 65M-3512 including the storm drainage works within Block 23, Subdivision File 19T-94049, be approved;

    b) That the assumption of the external above and belowground municipal services within the Douglas Road road allowance associated with Subdivision File 19T-94049, be approved;

    c) That Headwater Crescent within the limits of Plan 65M-3512, Subdivision File 19T-94049, be assumed as public highway.

    Carried Unanimously
  • Moved by:Councillor West
    Seconded by:Regional and Local Councillor Spatafora

    a) That staff report SRPRS.18.111 regarding the recommended South Brookside Tertiary Plan be received;

    b) That the South Brookside Tertiary Plan attached as Appendix A to staff report SRPRS.18.111 be approved.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That Chapter 1116, Schedule ‘A’ (Parking Prohibited-Signs-Displayed) of the Municipal Code is amended by removing the following:

    Highway:  Rockwell Road

    Side: Both

    From and To: Valleymede Drive to 335 m south of Valleymede Drive

    Prohibited Time of Day:  7:00 a.m. – 4:00 p.m. Monday - Friday 

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That staff report SRPRS.18.119 regarding the proposed Policy Amendments to the Credit Valley, Toronto and Region, Central Lake Ontario Source Protection Plan be received;

    b) That Council endorse the proposed amendments to the Credit Valley, Toronto and Region,  Central Lake Ontario Source Protection Plan, (CTC SPP) provided in Appendix 1 and the proposed revisions to the Toronto and Region Assessment Report, specifically the addition of revised mapping provided in Appendix 2 to staff report SRPRS.18.119;

    c) That staff report SRPRS.18.119 be circulated to the Toronto and Region Source Protection Authority, Region of York, and the Ontario Ministry of the Environment and Climate Change;

    d) That staff be directed to continue to work with the Toronto and Region Source Protection Authority, CTC Source Protection Committee, Region of York, and stakeholders as required to help facilitate the proposed amendments to the Credit Valley, Toronto and Region, Central Lake Ontario Source Protection Plan.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the proposed renaming of North Shore Parkette to “Syl Cachia Parkette” be advertised in The Liberal newspaper and on the Town’s website with a request for public comments in accordance with the Town’s Policy for Naming and Renaming Town Parks, Open Space and Recreation Facilities;

    b) That staff report back regarding public comments on the proposed name and with final recommendations for renaming the site.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That staff report SRCAO.18.08 regarding the lease extension for the Richmond Hill Center for Hi-Tech Business Development be received;

    b) That the Chief Administrative Officer be authorized to make arrangements with The Richmond Hill Center for Hi-Tech Business Development to extend their lease of the premises located at 225 East Beaver Creek Road, Richmond Hill, Suites 288A and 288B, for nominal consideration or below fair market value and to enter into and execute any necessary agreement or other document relating to such arrangement as set out in staff report SRCAO.18.08.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That By-law 51-18 be enacted in the form of the draft By-law attached to staff report SRCFS.18.018 to establish and adopt tax rates for 2018 on the assessment in each property class;

    b) That the billing and collection of taxes, special assessments and fees including the tax installment due dates for residential and non-residential properties be authorized.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the special charges allocated to each lot as set out and certified in Schedule “A” Local Improvement Roll, to draft By-law 49-18, attached as Appendix ‘A’ to staff report SRCFS.18.019 for the reconstruction of Anzac Road from Axminster Drive to Taylor Mills Drive South be authorized;

    b) That properties exempt from property taxation continue to be liable for special charges relating to Local Improvement Projects;

    c) That the Local Improvement rate be set at $152.67 per meter frontage for lump sum payments or an annual payment of $17.33 per meter frontage per year paid over ten (10) years;

    d) That draft By-law 49-18 be enacted.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That the special charges allocated to each lot as set out and certified in Schedule “A” Local Improvement Roll, to draft By-law 50-18, attached as Appendix ‘A’ to staff report SRCFS.18.020 for the reconstruction of Demaine Crescent, Alsace Road and Ashlar Road be authorized;

    b) That properties exempt from property taxation continue to be liable for special charges relating to Local Improvement Projects;

    c) That the Local Improvement rate be set at $152.67 per meter frontage for lump sum payments or an annual payment of $17.33 per meter frontage per year paid over ten (10) years;

    d) That draft By-law 50-18 be enacted.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    a) That taxes amounting to $8,288.45 be written off pursuant to the provisions of Section 354 of the Municipal Act, 2001;

    b) That applicable penalty and interest be adjusted accordingly;

    c) That the Treasurer be directed to adjust the applicable property tall roll accordingly.

    Carried Unanimously
  • Moved by:Councillor Cilevitz
    Seconded by:Regional and Local Councillor Spatafora

    a) That Barber Sports Surfaces Limited be awarded a non-competitive acquisition to address a public safety concern where the services cannot be obtained in time for the facility to be available for use in the 2018 season by means of a competitive procurement process pursuant to the Procurement By-Law 113-16 at an estimated cost of $225,000.00 (exclusive of taxes) from the Infrastructure Repair and Replacement Reserve Fund;

    b) That the Commissioner of Community Services be authorized to execute any necessary documentation to affect the contract.

    Carried (6 to 2)

Having previously declared a pecuniary interest with respect to Agenda Item 13.1.21, Councillor Muench left his seat and did not participate in the discussion or voting on this item.

  • Moved by:Regional and Local Councillor Hogg
    Seconded by:Councillor West

    Whereas, in a report dated May 18, 2018, the Integrity Commissioner has found that Councillor Tom Muench breached the Council Code of Conduct (“Code of Conduct) by not treating a Council colleague in a respectful manner (“Complaint 2”).

    Whereas, in a report dated May 18, 2018, the Integrity Commissioner has found that Councillor Muench breached the Code of Conduct by misrepresenting, in a newsletter, the action taken by four named Council colleagues (“Complaint 3”).

    Whereas, in a report dated May 18, 2018, the Integrity Commissioner has found that Councillor Muench breached the Code of Conduct in his treatment of a Town employee (“Complaint 4”).

    Whereas the Municipal Act permits Council, following a finding that a Member of Council has breached the Code of Conduct, to impose one of either a reprimand, or the suspension of a Member of Council’s remuneration of up to 90 days.

    Whereas, the Integrity Commissioner has recommended that Council publicly reprimand Councillor Muench in respect to the breach of the Code of Conduct in each of the Complaints 2 and 3.

    Whereas, the Integrity Commissioner has recommended that Council suspend Councillor Muench’s remuneration for 30 days in respect to the breach of the Code of Conduct in Complaint 4

    Therefore be it resolved that Council adopts the following recommendations in the Integrity Commissioner’s report dated May 18, 2018:

    1. That Councillor Muench be and is hereby reprimanded for breaching the Code of Conduct in respect to Complaint 2;
    2. That Councillor Muench be and is hereby reprimanded for breaching the Code of Conduct in respect to Complaint 3;
    3. That the Town requests a refund from the supplier or a credit toward future purchases by the corporation rather than by Councillor Muench;
    4. That Councillor Muench’s remuneration be suspended for 30 days for breaching the Code of Conduct in respect to Complaint 4;
    5. That Council direct staff to review the elected official newsletter policy and the elected official expense policy as per the recommendation in the Integrity Commissioner’s report to Council;
    6. That in keeping with the Code of Conduct and Respect in the Workplace policies, Councillor Muench be requested to issue an public apology to those individuals that are directly impacted by complaints 2, 3 and 4 at the Council Meeting on May 28, 2018.
    Carried
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    That the correspondence from Tina De Medeiros, 96 Olde Bayview Avenue, dated May 23, 2018, regarding the Park Renaming Request for North Shore Parkette be received.

    Carried Unanimously
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor West

    a) That the Mayor and Council Events accounts undergo an audit and that the results of this audit be presented to Council and the public.

  • Moved by:Councillor Liu
    Seconded by:Councillor Chan

    a) That the main motion by Regional and Local Councillor Spatafora regarding the Mayor and Council Events accounts be referred to the June 5, 2018 Committee of the Whole meeting.

    Carried

This item was withdrawn at the request of Councillor Beros and to be considered at the June 12, 2018 Council Meeting.

There were no emergency/time sensitive matters.

  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Chan

    That the following By-laws be approved:

    Carried Unanimously

Explanation:  Approved by Council at its meeting held May 14, 2018 - Dogliola Developments Inc. - 10944 Yonge Street

Explanation: Approved by Council at its meeting held January 29, 2018 - Stateview Homes (Rialto Towns) Inc. - 168 and 176 Elgin Mills Road West - File D15-17054

Explanation: Siteline (9211 Bayview Avenue) Inc. - 9211 Bayview Avenue - File D04-18003

There were no closed session items.

  • Moved by:Councillor Chan
    Seconded by:Councillor West

    That By-law 69-18, A By-law to confirm the proceedings of Council at this meeting, be passed.

    Carried
  • Moved by:Regional and Local Councillor Spatafora
    Seconded by:Councillor Liu

    That the meeting be adjourned.

    The meeting was adjourned at 8:19 p.m.

    Carried