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TOWN OF AURORA
COUNCIL
MEETING NO. 40-97
Council Chambers
Aurora Town Hall
Wednesday, October 29, 1997
8:05p.m.
II MINUTES .II
ATTENDANCE
COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Healy,
McKenzie, Morris, Ochalski, Sorley, Wallace and Weller.
STAFF MEMBERS Chief Administrative Officer, Deputy Clerk/Solicitor,
Director of Planning, Director of Building Administration,
Director of Public Works, Fire Chief, Treasurer, and
Council/Committee Secretary.
DECLARATIONS OF INTEREST
Mayor Jones declared an interest in certain aspects of Report PL97-145-295 regarding
Timberlane Tennis and Country Club due to membership with same and did not take part
in or vote on any questions in this regard or attempt in any way to influence the voting
on such questions.
Councillor Sorley declared an interest in Report LS97-026-298 by virtue of a solicitor-
client relationship and did not take part in or vote on any questions in this regard or
attempt in any way to influence the voting on such questions.
APPROVAL OF AGENDA
#699. Moved by Councillor Wallace Seconded by Councillor Ochalski
THAT the content of the Agenda be approved as outlined herein with the
addition of correspondence from the Minister of Veterans Affairs regarding
a request for Proclamation; correspondence from the Region of York
regarding their Hazardous Household Waste Program; Report TR97-022-303
and By-law 3882-97 .L regarding an Amendment to the Canada Ontario
Infrastructure Agreement; Report PL97-141-302 regarding a Subdivision
Agreement Amendment; and an In-Camera legal matter.
CARRIED
DELEGATIONS
Cathy Krevs. Resident re: Proposed Changes to Parking
and Stopping Restrictions on Aurora Heights Drive
The delegate was not available to speak at the meeting. Councillor Healy advised that he
had spoken to the delegate and that she was opposed to aspects of By-law 3872-97.T
to amend the Parking By-law with respect to Aurora Heights Drive which is scheduled to
be tabled for third reading consideration at the November 19, 1997 Council Meeting.
-·-,.,
Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
ADOPTION OF MINUTES
Council Meeting No. 36-97. September 24. 1997
Special Council Meeting No. 37-97. October 8. 1997
Special Council Meeting No. 38-97. October 14. 1997
Council Meeting No. 39-97. October 15. 1997
Page 2
#700. Moved by Councillor Ochalski Seconded by Councillor Wallace
THAT the Minutes of Meeting Numbers 36-97, 37-97, 38-97 and 39-97 be
adopted as printed and circulated.
CARRIED
II SE~ION -;-~. -CONSEN~TEMS]
CORRESPONDENCE AND PETITIONS
Toronto Transition Team re: New City. New Opportunities
Interim Report of the Transition Team
THAT the correspondence be received as information.
City of Toronto. Executive Committee re:
Clause No. 29. Report No. 21
"Catching Your Breath -Partnerships for Clean Air"
THAT the correspondence be received as information.
Minister of Transportation re: Transportation Minister
Commits to Consultation on Implementation
of Bus Reform
THAT the correspondence be received as information.
Canada Post Corporation re: Appointment of
Conciliation Commissioner
THAT the correspondence be received as information.
Canadian Public Health Association re: Request for
Proclamation "World AIDS Day". December 1. 1997
THAT December 1, 1997 be proclaimed "World AIDS Day" in the Town of
Aurora.
Committee of Adjustment -Notices of Decision
Application: A-48-97 fD 13-48-97 !Arista Homes)
Application: A-49 & 50-97 /D13-49 & 50-97 !Barber)
Application: A-51 & 52-97/D13-51 & 52-97 (Legion)
Application: B-17 & 18-97 /D1 0-17 & 18-97 (Legion)
THAT the correspondence be received as information.
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
STAFF REPORTS
Page 3
C097-049-293 -Amendment to Purchase and Sale Agreement
114809 Ontario Inc. purchase from Town of Aurora
!Aurora Montessori Schooll
THAT authorization be given to amend the closing date to February 27,
1998 in the Purchase and Sale Agreement between 114809 Ontario Inc. and
the Town of Aurora for the lands located at the south west corner of
Industrial Parkway North and St. John's Sideroad.
PL97 -142-294 -Proposed Site Plan Applications
Canadian Tire Corporation Limited
14729 Yonge Street. D11-21-97: and
Canopy Development Corporation !Bobalal
61 Centre Street. D 11-22-97
THAT Report PL97-142-294 respecting the submission of Site Plan
Applications for Canadian Tire Corporation Limited and Canopy Development
Corporation be received as information; and
THAT Bill 3879-97.D and Bill 3880-97.D be given first and second reading,
with third reading pending Council approval of a Site Plan Agreement and the
resolution of any issues as raised at the Public Meeting.
PL97-145-295-Planning Applications
Pending List (Update)
#701.
THAT the update of the Planning Applications Pending List be received as
information.
Moved by Councillor McKenzie Seconded by Councillor Griffith
THAT the suggested resolutions respecting the matters listed as "Consent
Items" be adopted as submitted to Council and Staff be authorized to take
all necessary action required to give effect to same.
CARRIED
Mayor Jones, having previously declared an interest in certain aspects of Report PL97-
145-295 did not take part in the vote called for in this regard.
II SE~ION "8"-MATTER~~OR CONS/DERAT/0~1
CORRESPONDENCE AND PETITIONS
GT A Mayors & Regional Chairs Committee re:
Motion Adopted by GT A Mayors & Regional
Chairs and LUMCO
#702. Moved by Councillor McKenzie
THAT the correspondence be endorsed.
CARRIED
Seconded by Councillor Griffith
·---~
Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 4
Ministry of Municipal Affairs and Housing. News Release
Leach Accepts Social Housing Recommendations
#703. Moved by Councillor McKenzie Seconded by Councillor Griffith
THAT the correspondence be received as information.
CARRIED
City of Vaughan re: Property Taxes Pooling in GTA
#704. Moved by Councillor Griffith Seconded by Councillor McKenzie
THAT the correspondence be endorsed.
AMENDMENT: Upon the question of the adoption of the resolution, it was:
#705. Moved by Councillor Healy Seconded by Councillor Griffith
THAT Council endorse the correspondence and advise the City of Vaughan
and the Province of Ontario, in relation to the issue of pooling GT A taxes,
that it believes that income redistribution should occur through the Provincial
and Federal tax system.
CARRIED
The main motion was CARRIED AS AMENDED
City of Stratford re: Downloading of Services
on to Local Municipalities
#706. Moved by Councillor Griffith
THAT the correspondence be endorsed.
CARRIED
York Region re: Resolution regarding Financial Impact
on the Regional Municipality of York Related to the
Seconded by Councillor McKenzie
Transfer of Financial Responsibilities from the Province of Ontario
#707. Moved by Councillor Griffith
THAT the correspondence be endorsed.
CARRIED
York Region. Transportation and Works Committee
re: Clause No. 1. Report No. 17
"Transportation Tomorrow Survey"
#708. Moved by Councillor Griffith
Seconded by Councillor McKenzie
Seconded by Councillor Healy
THAT the correspondence be received as information.
CARRIED
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 5
Maria Stainburn re: Request Permission for
Mobile Signs to Advertise a Christmas Craft Show
November 1 and 2. 1997
#709. Moved by Councillor Weller Seconded by Councillor Ochalski
THAT the request for permission for the placement of mobile signs be
denied.
CARRIED
AI Fisher. Resident re: Parking Concerns on Ransom Street
#710. Moved by Councillor Healy Seconded by Councillor Wallace
THAT the correspondence be referred to Staff for a further Report regarding
the prohibition of parking and its traffic related impacts taking into account
the discussion of this issue in the Open Forum session prior to the Council
Meeting; and
THAT third reading consideration of Bill 3876-97. T be deferred.
CARRIED
COMMITTEE REPORTS
BDC97-05 -October 8. 1997 Business Development
Committee Meeting
#711. Moved by Councillor Griffith Seconded by Councillor Healy
THAT the Report of the Business Development Committee Meeting held on
October 8, 1997 be adopted.
CARRIED
STAFF REPORTS
BA97-005-297-By-law 3881-97.F
Schedule of Fees to the Building By-law 3847-93
#712. Moved by Councillor Sorley Seconded by Councillor Morris
THAT Council provide three readings to Bill 3881-97.F, a By-law to provide
a schedule of fees to the Building By-law 3487-93.
CARRIED
LS97-026-298 -Proposed Sale of Town Owned Property
West side Industrial Parkway South. north of Vandorf Sideroad
Intersection
#713. Moved by Councillor Healy Seconded by Councillor Morris
THAT Council authorize Staff to provide public notice for two (2) weeks, of
the Town's intention to sell approximately 0.26 acres of the Major Open
Space property located on the west side of Industrial Parkway, north of
Vandorf Sideroad intersection;
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 6
THAT if no other expressions of interest are received, Council authorize the
Mayor and Clerk to execute all pertinent documents, including the attached
Offer to Purchase for the above noted lands (as denoted in Schedule "A"),
pursuant to the acceptance by the proponent of the conditions placed upon
them;
THAT if no other expressions of interest are received, the Clerk be directed
to prepare a Bill to authorize the sale of the subject lands; and
THAT the net proceeds of the sale totalling $9,000 be placed in the Parks
Capital Reserve Account.
CARRIED
Councillor Sorley, having previously declared an interest in this Report, did not take part
in the vote called for in this regard.
PL97-143-299 -Subdivision Agreement
Grindelwald Developments Limited (Cat-Tail Investments lnc.l
Blocks 1 & 3. Registered Plan 65M-3014. Stone Road
D12-96001 A
#714. Moved by Councillor Morris Seconded by Councillor Griffith
1} THAT Council authorize the Mayor and Clerk to execute a Subdivision
Agreement dated October 29, 1997 between the Town of Aurora and
Grindelwald Developments Limited (Cat-Tail Investments Inc.), with respect
to the lands as defined within the Agreement and contained within Draft
Plan of Subdivision 19T-96001 A;
2} THAT the Mayor and Clerk be authorized to execute all documents
necessary to effect the transfer of certain lands, reserves, and easements at
the developers expense, as described in Schedule "G" of the Agreement; and
3} THAT the Clerk be directed to prepare a By-law to dedicate Blocks 21 and
23, Registered Plan 65M-2976 as public road in conjunction with the
registration of the Plan of Subdivision.
CARRIED
PL97-144-300-Proposed Site Plan Application and Zoning
By-law Amendment. Bajohn Developments Limited
Lots 76-79 inclusive. Registered Plan 65M-2781
St. John's Sideroad West. D14-03-96. D11-10-97
#715. Moved by Councillor Griffith Seconded by Councillor Morris
THAT Bill 3866-97.D be given third reading;
THAT subject to the submission of all fees and securities, and By-law 3866-
97.D coming into force, Council authorize the Mayor and Clerk to enter into
a Site Plan Agreement with Bajohn Developments Limited and the Town of
Aurora to permit the construction of eleven single detached units; and
THAT the Shared Facility Agreement attached to Report PL97-144-300 as
Figure 5 be received as information.
CARRIED
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 7
PW97-049-301 -Extension of Newmarket Transit
into the Town of Aurora
#716. Moved by Councillor Wallace Seconded by Councillor McKenzie
THAT Council endorse the extension of Newmarket Transit into the Town
of Aurora on Bayview Avenue from the north end of Bayview Avenue in
Aurora southerly to the Bayview-Wellington Shopping Centre in Aurora area
on a trial basis; and
THAT Town of Aurora Public Works Staff enter into discussions with Town
of Newmarket Staff regarding further investigation of increased cross border
transit servicing.
CARRIED
TR97-022-303 -·Canada Ontario Infrastructure Works Grant Approval
#717. Moved by Councillor Griffith Seconded by Councillor Healy
THAT Council give three readings to Bill 3882-97.L which authorizes the
Mayor and the Clerk to enter into the Amending Agreement with the
Province of Ontario adding the reconstruction of Seaton Drive to the
Infrastructure Agreement signed June 27, 1994.
CARRIED
CONSENT ITEMS REQUIRING SEPARATE DISCUSSION
House of Commons. Official Opposition
National Unity re: "Framework for Discussion on Canadian Unity"
and "Guidelines for the Process of Public Consultation"
#718. Moved by Councillor Weller Seconded by Councillor Griffith
THAT the correspondence be received as information.
CARRIED
York Region. Transportation and Works Committee re:
Clause No. 7. Report No. 17. "Disposal/Diversion Strategy"
#719. Moved by Councillor Healy Seconded by Councillor Weller
THAT the correspondence be received as information.
CARRIED
Helen Kogan. Resident re: Aurora Transit System
#720. Moved by Councillor Healy Seconded by Councillor
THAT the correspondence be received as information.
CARRIED
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 8
Kim Beally. Resident re: Traffic Concerns
on Raiford Street and Old Yonge Street
#721. Moved by Councillor Morris Seconded by Councillor McKenzie
THAT the correspondence be received and referred to Staff for a Report.
CARRIED
Residents of Parkland Court re: Traffic Concerns
on Parkland Court
#722. Moved by Councillor Morris Seconded by Councillor Weller
THAT the correspondence be referred to Staff for a Report.
CARRIED
Dr. G. W. Williams Secondary School re: Town of
Aurora Awards at the 1997 Commencement Exercises
#723. Moved by Councillor Morris Seconded by Councillor Griffith
THAT Dr. G. W. Williams Secondary School be notified that Council intends
to make the Town of Aurora Awards available for their 1997
Commencement Exercises to be held on November 7, 1997 at 8:00p.m.
CARRIED
PL97-146-296-Application for Site Plan Approval
Delegation to Director of Planning. Petro Canada Inc.
Block D. Registered Plan 475 and Part of Lot 3. Plan 246
15440 Yonge Street. D11-24-97
#724. Moved by Councillor Wallace Seconded by Councillor Ochalski
THAT Report PL97-146-296 respecting the delegation of Site Plan Approval
for lands located at the northwest corner of Yonge Street and Aurora
Heights Drive be received as information; and
THAT subject to a satisfactory review by the Site Plan Committee, the
Director of Planning execute a Site Plan Agreement between Petro Canada
Inc. and the Town of Aurora to allow for both building and site alterations
proposed for the subject lands.
CARRIED
UNFINISHED BUSINESS
Federation of Canadian Municipalities re: Telecommunications:
Access to Municipal Rights-of-Way
#725. Moved by Councillor Healy Seconded by Councillor Sorley
WHEREAS the Federal Communications Act (1993) gives Cable TV and
telephone companies access to municipal rights-of-way and permits the
circumvention of a municipality's objection through application to the CRTC;
AND WHEREAS Municipal Governments shoulder both direct and indirect
costs and liabilities resulting from the use of their rights-of-way;
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Aurora Council Minutes No. 40-97 Page 9
Wednesday, October 29, 1997
BY-LAWS
#726.
AND WHEREAS any costs and liabilities created as a result of the use of
municipal rights-of-way should be borne exclusively by the Corporations who
are providing the infrastructure;
AND WHEREAS Municipal Governments should receive revenues over and
above their expenses as fair and proper compensation for the use of
municipal property for profit;
AND WHEREAS the Federation of Canadian Municipalities (FCM) has
identified the finalization of a "Model Municipal Access Agreement" as a key
policy priority for 1997-1998;
NOW THEREFORE BE IT RESOLVED THAT:
a) The Town of Aurora endorse the Federation of Canadian
Municipalities' five fundamental principles outlined in the Model
Municipal Access Agreement, namely:
i) municipal governments must have the ability to control the
number and types of above ground telecommunications
pedestals, kiosks, etc., and the location of underground
infrastructure;
ii) the use of municipal rights-of-way by telecommunications
companies must not impose financial costs on municipal
governments and taxpayers;
iii) municipal governments must not be responsible for the costs
of relocating telecommunications infrastructure if relocation is
required for planning or other reasons deemed necessary by the
municipal government;
iv) municipal governments must not be liable for any economic
loss, legal costs or physical restoration costs resulting from the
disruption of telecommunications services arising out of the
actions of a municipal government unless grossly negligent;
and
v) municipal governments must receive revenues over and above
their direct costs in providing access to rights-of-way as proper
compensation for the use of municipal property for profit.
b) THAT The Town of Aurora agree to contribute up to 3¢ per capita,
based on the 1991 Census (29,455 people) or up to $884.00 to
FCM's "Municipal Right-of -Way Defence Fund" to be used by FCM
to meet the above noted principles and objectives.
CARRIED
Moved by Councillor Ochalski Seconded by Councillor Griffith
THAT leave be given the Mover and Seconder to introduce the following bills
for First Reading:
3879-97.D Being a By-law to amend By-law
No. 2213-78 (Canadian Tire Corp. Ltd.).
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 10
#727.
#728.
3880-97.D
3881-97.F
3882-97.L
Being a By-law to amend By-law
No. 2213-78 (Canopy).
Being a By-law to provide a
Schedule of Fees to the Building
By-law 3487-93.
Being a By-law to authorize the
Corporation of the Town of Aurora to
amend the Agreement respecting the
Provincial -Municipal Infrastructure
in relation to the reconstruction of
Seaton Drive.
AND THAT the same be taken as read a First Time.
CARRIED
Moved by Councillor Griffith Seconded by Councillor Morris
THAT leave be given the Mover and Seconder to introduce the following bills
for Second Reading:
3879-97.D
3880-97.D
3881-97.F
3882-97.L
Being a By-law to amend By-law
No. 2213-78 (Canadian Tire Corp. Ltd.).
Being a By-law to amend By-law
No. 2213-78 (Canopy).
Being a By-law to provide a
Schedule of Fees to the Building
By-law 3487-93.
Being a By-law to authorize the
Corporation of the Town of Aurora to
amend the Agreement respecting the
Provincial -Municipal Infrastructure
in relation to the reconstruction of
Seaton Drive.
AND THAT the same be taken as read a Second Time.
CARRIED
Moved by Councillor McKenzie Seconded by Councillor Griffith
THAT leave be given the Mover and Seconder to introduce the following by-
laws for Third Reading:
3866-97.D
3871-97.D
Being a By-law to amend By-law
No. 2213-78 (Bajohn-St. John's
Sideroad) .
Being a By-law to amend By-law
No. 2213-78 (Zoning By-law Review).
AND THAT the same be taken as read a Third Time.
CARRIED
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 11
#729. Moved by Councillor Sorley Seconded by Councillor Morris
THAT leave be given the Mover and Seconder to introduce the following by-
laws for Third Reading:
3881-97.F
3882-97.L
Being a By-law to provide a
Schedule of Fees to the Building
By-law 3487-93.
Being a By-law to authorize the
Corporation of the Town of Aurora to
amend the Agreement respecting the
Provincial -Municipal Infrastructure
in relation to the reconstruction of
Seaton Drive.
AND THAT the same be taken as read a Third Time.
CARRIED
NOTICE OF MOTION
Councillor Healy provided a Notice of Motion regarding third reading consideration of Bill
3872-97 .T to amend the parking with respect to Aurora Heights Drive for the next
meeting.
QUESTIONS BY MEMBERS
Councillor Wallace
Councillor Griffith
Councillor Sorley
Councillor McKenzie
Councillor Healy
Councillor Weller
Advised of a street light outage at 1 58 Chiswick
Crescent and enquired about the process of
repairing street lights in the Town of Aurora.
Asked the Director of Public Works to provide any
necessary repairs to street lights in the Town
prior to Halloween night.
Advised of street light outages on Wenderly
Drive.
Enquired whether additional Town facilities or
programs were made available for children during
the School Board strike.
Thanked the Mayor for his quick reaction in
offering Town of Aurora employees a Daycare
solution during the School Board strike.
Enquired about Aurora Hydro's response time and
its process for responding to power outages.
Suggested that information be provided to
residents regarding the process for reporting
street light outages, possibly in the Notice Board.
Advised that he has a prior commitment
preventing his attendance at the November 19,
1997 Council Meeting and bid farewell to the
Members of the current term of Council. In
return, he accepted comments from Members
commending his years of valued service on Town
Council.
Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
Page 12
NEW BUSINESS
York Region re: Residents Urged to Drop Off
Household Hazardous Wastes
#730. Moved by Councillor McKenzie Seconded by Councillor Wallace
THAT the correspondence be received as information.
CARRIED
Minister of Veterans Affairs re: Request for Proclamation
"Veterans Week". November 5-11. 1997
#731. Moved by Councillor Sorley Seconded by Councillor Morris
THAT November 5-11, 1997 be proclaimed "Veterans Week" in the Town
of Aurora.
CARRIED
At this point in the meeting Councillor Griffith declared an interest in Report PL97-141-
302 by virtue of a personal relationship and did not take part in or vote on any questions
in this regard or attempt in any way to influence the voting on such questions.
PL97-141-302 -Subdivision Agreement Amendment
The Beswick Group Limited -Hydria Corporation (Joanne R. Overzetl
Part of Lot 33. Registered Plan 246. 135 Kennedy Street West
South Side of Kennedy Street West. west end of Dodie Street
D12-95112
#732. Moved by Councillor McKenzie Seconded by Councillor Ochalski
THAT Council authorize the Mayor and Clerk to execute a Subdivision
Agreement dated August 27, 1997 between the Town of Aurora and The
Beswick Group Limited, with respect to the lands, as defined within the
Agreement, contained within Draft Plan of Subdivision 19T-95112 (R)
subject to:
a) provision of financial payments and securities, as described in
Schedules "F" and "H";
b) provision of Agreement of Purchase and Sale of the property to
support ownership; and
c) provision of confirmation that the proposed signatory to the
agreement has capacity to bind the Owner, that the Owner is an
active corporation, duly constituted under applicable law, and that it
has corporate capacity to undertake its obligations pursuant to the
agreement.
THAT the Mayor and Clerk be authorized to execute all documents
necessary to effect the transfer of certain lands, reserves, and easements at
the developers expense, as described in Schedule "G" of the Agreement; and
THAT upon execution of the Agreement, Council allocate the servicing
capacity necessary to provide water and sanitary sewers to 5 new dwelling
units.
CARRIED
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Aurora Council Minutes No. 40-97
Wednesday, October 29, 1997
IN CAMERA
Legal Matter
#733. Moved by Councillor Morris
Page 13
Seconded by Councillor Griffith
THAT this Council proceed In Camera in order to address a legal matter.
CARRIED
ADJOURNMENT
#734. Moved by Councillor Ochalski
THAT the meeting be adjourned at 9:23 p.m.
CARRIED