MINUTES - Council - 19991013 TOWN OF AURORA
COUNCIL MEETING
NO. 28-99
Council Chambers
Aurora Town Hall
Wednesday, October 13, 1999
7:30 p.m.
ATTENDANCE
COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Hartwell, Healy,
Hinder, Hogg, Morris, and West.
Councillor McKenzie was absent due to a death in his
family. Councillor Griffith was absent.
STAFF MEMBERS Chief Administrative Officer/Acting Director of Leisure
Services, Director of Corporate Services/Town Clerk,
Director of Planning, Director of Building
Administration, Director of Public Works, Fire Chief,
Treasurer, Solicitor and Council/Committee Secretary.
DECLARATIONS OF INTEREST
Mayor Jones declared an interest in the delegation by Dennis Wood of McCarthy
Tetrault and Jamie Bennett of Marshall Macklin Monaghan, in the correspondence from
McCarthy Tetrault and Residents of Hazelburn Estates and in Report No. PL99-093-279
regarding Official Plan Amendment, Zoning By-law Amendment and Draft Plan of
Subdivision applications submitted for property municipally known as 119 Vandorf
Sideroad. Mayor Jones’ declaration was by virtue of his employment with Timberlane
Tennis and Country Club, which is located adjacent to the subject property. Mayor
Jones 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
#672. Moved by Councillor Hartwell Seconded by Councillor Hogg
THAT the content of the Agenda be approved as outlined herein with the
addition of correspondence from Dennis Wood, McCarthy Tetrault and
Residents of Hazelburn Estates regarding the applications for Official Plan
Amendment, Zoning By-law Amendment and Draft Plan of Subdivision,
Vintage Developments Limited, 119 Vandorf Sideroad and with the
deletion of Report CO99-049-294.
CARRIED
M I N U T E S
Aurora Council Minutes No. 28-99 Page 2
Wednesday, October 13, 1999
DELEGATIONS
Dennis Wood, McCarthy Tetrault and Jamie Bennett, Marshall Macklin Monaghan and
Correspondence from Dennis Wood, McCarthy Tetrault and
Residents of Hazelburn Estates and Report PL99-093-279 - Official Plan Amendment,
Zoning By-law Amendment and Draft Plan of Subdivision Applications
1351586 Ontario Limited, Part of Lot 75, Concession 1, EYS
119 Vandorf Sideroad, D09-07-99, D14-12-99 and D12-99003A
Mayor Jones, having previously declared an interest in these items, relinquished the
Chair to Deputy Mayor West during the consideration of this matter and left the Council
Chambers. Upon conclusion of this matter, Mayor Jones resumed the Chair.
#673. Moved by Councillor Healy Seconded by Councillor Hartwell
THAT the correspondence be received and that the continuation of the
Council deliberations concerning this item be deferred until the Council
meeting to be held on October 27, 1999.
CARRIED
Brian MacEachern re: "HighTor" Lands
Mr. MacEachern requested an answer to his question at a previous Council Meeting
regarding the selection process for an environmentalist who applied to sit on the OHF
"HighTor" Committee.
#674. Moved by Councillor Hartwell Seconded by Councillor Hinder
THAT the comments of the delegate be received as information.
CARRIED
Sheila McKenzie re: "HighTor" Lands
Mr. MacEachern advised that Sheila McKenzie was not in attendance at the meeting.
David Hirsh, 750179 Ontario Limited re: Development Status
Kennedy Street West, Part Lot 79, Con. 1 WYS
Mr. Hirsh advised Council that in response to a complaint from a resident and Council's
direction regarding the condition of the land located on the south side of Kennedy Street
west, the site has been cleaned up. He indicated that he will be proceeding with the
development of the land in the year 2000.
#675. Moved by Councillor Healy Seconded by Councillor Morris
THAT an extension be granted for a period of one year on the proviso that
active progress is occurring with the development process within 6
months; and
THAT staff be directed to report back to Council on this matter.
CARRIED
Darren Poncelet re: Council Remuneration Review
Aurora Council Minutes No. 28-99 Page 3
Wednesday, October 13, 1999
Mr. Poncelet inquired about the accuracy of the figures of Councillors' compensation
noted in Report CO99-050-286 of the General Committee Meeting and questioned the
source of the money for the remuneration.
#676. Moved by Councillor Hogg Seconded by Councillor West
THAT the comments of the delegate be received as information.
CARRIED
CORRESPONDENCE AND PETITIONS
Region of York, Commissioner of Transportation and Works
re: Clause No. 2 in Report No. 10 - "Status Report on 1999
Conventional Transit System Improvements"
THAT the correspondence be received as information.
Region of York, Commissioner of Transportation and Works
re: Clause No. 3 in Report No. 10 - "York Region Transit
Integration Conventional Transit Proposals for 2000 Implementation"
THAT the correspondence be received as information.
Town of Whitchurch-Stouffville re: Request for Support
of Resolution - Raccoon Rabies
THAT the correspondence be received and endorsed.
Ontario Municipal Board re: Decision Delivered by J.L. O'Brien
and Order of the Board - Totera Meats Ltd./1268264 Ontario Limited
THAT the correspondence be received as information.
The Royal Canadian Legion re: Request for Approval and
Invitation for Remembrance Day Parade, Sunday, November 7, 1999;
Request for Proclamation – “Poppy Week”, November 1-11, 1999; and
Request to Pay for Remembrance Day Programs and to Purchase One Wreath
THAT permission be granted to conduct the Remembrance Day Parade to
be held on Sunday, November 7, 1999, and Members of Council wishing
to attend the events scheduled be invited to do in accordance with the
standard Policy;
THAT November 1-11, 1999 be proclaimed “Poppy Week” in the Town of
Aurora with notice of the proclamation to be placed in the Town of Aurora
Notice Board; and
THAT the Town of Aurora pay for the Remembrance Day programs and
purchase one wreath in the amount of $60.00.
Aurora Montessori School re: Property on the East Side of
Industrial Parkway Across the Street from Aurora Montessori School
for Additional Parking
THAT the correspondence be received and referred to staff for a Report.
SECTION “A” – CONSENT ITEMS
Aurora Council Minutes No. 28-99 Page 4
Wednesday, October 13, 1999
J. Daurer, Resident re: Street Parking Issue in Aurora
THAT the correspondence be received as information.
STAFF REPORTS
CO99-048-293 - Request for Release of Easements -
McGrath-Hunter, Part of Lot 6, Plan 68 and
Part of Lots 10 and 11, Plan 1B, (15085 Yonge Street)
THAT Council authorize the release of easements over Part of Lot 6 on
Registered Plan 68 and Part of Lots 10 and 11 on Registered Plan 1B in
principle, subject to the inclusion of appropriate easements in the Site
Plan Agreement for this property; and
THAT the Mayor and Clerk be authorized to execute the necessary
documents to give effect to same on approval of the Site Plan Agreement.
#677. Moved by Councillor Hartwell Seconded by Councillor Hinder
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
CORRESPONDENCE AND PETITIONS
Memorandum from Councillor Morris re: Appointment to
the Communications Committee
#678. Moved by Councillor West Seconded by Councillor Hinder
THAT the correspondence be received as information.
CARRIED
Susan Walmer on Behalf of ACORN re: Strategic Plan Process
#679. Moved by Councillor West Seconded by Councillor Hartwell
THAT the correspondence be received and the comments by Susan
Walmer be noted.
CARRIED
COMMITTEE REPORTS
General Committee Report No. 11-99
Thursday, October 7, 1999
#680. Moved by Councillor Morris Seconded by Councillor Hogg
THAT the Report of the General Committee Meeting No. 11-99 be
received and the recommendations carried by the Committee be adopted
with the exception of Recommendation No. 18.
SECTION “B” – MATTERS FOR CONSIDERATION
Aurora Council Minutes No. 28-99 Page 5
Wednesday, October 13, 1999
CARRIED
NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 11-99
THURSDAY, OCTOBER 7, 1999 - RECOMMENDATION NO. 18
CO99-050-286 - Council Remuneration Review
#681. Moved by Councillor West Seconded by Councillor Hinder
THAT Council appoint a citizens advisory committee to review and make a
recommendation on a compensation level for the next elected Council and
that the committee develop a formula that would automatically initiate an
annual review and implement an incremental adjustment when
appropriate;
THAT Council and the Aurora Hydro Commission receive a remuneration
adjustment equivalent to the increases approved for non-union staff during
this current term of office, and that staff be authorized to prepare the
necessary By-law to implement the remuneration adjustment.
CARRIED
Traffic Safety Advisory Board Report No. TSAB99-10
TSAB Meeting of October 5, 1999
#682. Moved by Councillor Hogg Seconded by Councillor Morris
THAT Council approve the by-law for the reduction of speed on those
streets which have been referred to the Board, being:
Parkland Court, Hollandview Trail,
Raiford Street, Woodroof Crescent,
Davidson Road, Evelyn Buck Lane,
Marsh Harbour, Luxton Avenue,
Richardson Drive, Ochalski Road,
Mugford Road;
THAT funding for the installation of necessary signs be provided from the
allocation previously approved by Council for implementation of the
recommendations of the Traffic Safety Study;
THAT Council direct staff to take the necessary steps to fill the vacancy on
the Board as soon as possible and that the vacancy be filled by a resident
preferably from the north-east area of Town;
THAT the Committee Record of the Traffic Safety Advisory Board meeting
held on October 5, 1999 be received as information.
CARRIED
Special Events Advisory Committee Report No. SEAC99-08
SEAC Meeting of August 31, 1999
#683. Moved by Councillor Healy Seconded by Councillor West
THAT the Committee Record of the Special Events Adivsory Commitee
Meeting held on August 31, 1999 be received as information;
THAT the Special Events Committee recommendations for July 1st
Celebrations be kept on file for future reference;
THAT staff arrangements for the Santa Claus Parade are scheduled for
Saturday November 13, 1999; 6:00 p.m. to 8:00 p.m.;
Aurora Council Minutes No. 28-99 Page 6
Wednesday, October 13, 1999
THAT based on councils decision requesting the Leisure Complex
closure, the Family First Night activities occur in a manner similar to last
year and operate within budget; and
THAT the Chief Administrative Officer be requested to identify a staff
member to sit as an ex-officio member of this Committee and that member
report to Council through the CAO's office.
CARRIED
STAFF REPORTS
PW99-056-295 - Transit Agreement
#684. Moved by Councillor Healy Seconded by Councillor West
THAT the Mayor and Clerk be authorised to sign the attached agreement
with the Town of Newmarket for the provision of transit services as
described in the said agreement.
CARRIED
PL99-100-296 - Site Plan Agreements
Finalized Precedent Formats, D11-GEN
#685. Moved by Councillor Hinder Seconded by Councillor Hartwell
THAT the precedent site plan agreements dated October 13, 1999 replace
the previous precedent agreements;
THAT the information attached to staff reports regarding site plan
agreements be confined to the signing page and the Schedules only; and
THAT no substantive revisions be made to the body of the precedent
agreement until the next staff review is undertaken, at which time staff will
seek further Council approval of the revised precedent.
CARRIED
PL99-101-297 - Retention of Consulting Services
Review of Applications D09-09-99, D14-16-99, D09-10-99,
D14-18-99, Home Depot and Penequity
#686. Moved by Councillor Healy Seconded by Councillor West
THAT Council authorize staff to retain the firms of iTRANS Consulting Ltd,
and John Winter Associates Limited to assist with the review of
applications D09-09-99, D14-16-99, D09-10-99 and D14-18-99 (Home
Depot and Penequity).
CARRIED
CONSENT ITEMS REQUIRING SEPARATE DISCUSSION
Town of Whitchurch-Stouffville re: Resolution - Vandorf/
Aurora Council Minutes No. 28-99 Page 7
Wednesday, October 13, 1999
Preston Lake Secondary Plan, Financing of Sanitary Sewer
Oversizing in Aurora
#687. Moved by Councillor Morris Seconded by Councillor Hogg
THAT the correspondence be received and referred to staff.
CARRIED
Dr. G.W. Williams Secondary School re: Town of Aurora Awards
Commencement, November 5, 1999
#688. Moved by Councillor Morris Seconded by Councillor Hartwell
THAT Councillor West be requested to attend and present the Awards on
behalf of the Town of Aurora at the Commencement of The Dr. G. W.
Williams Secondary School to be held on November 5, 1999 at 7:30 p.m.
CARRIED
The Association of Municipal Tax Collectors of Ontario re:
Mrs. Grace Marsh, Election to the Executive Board of the
Association of Municipal Tax Collectors of Ontario – 1999-2000
#689. Moved by Councillor Morris Seconded by Councillor Hogg
THAT the Council of the Town of Aurora endorse the appointment of Mrs.
Grace Marsh to the office of Training Seminar of the Executive Board of
the Association of Municipal Tax Collectors of Ontario - 1999-2000.
CARRIED
CO99-046-292 - Proposed Purchase from Town of Aurora
Part of Block 164, Registered Plan 65M-2977
(Aurora Grove Subdivision - Cat-Tail Investments)
#690. Moved by Councillor Healy Seconded by Councillor Morris
THAT the sale of land described as Part of Block 164, Plan 65M-2977 to
the adjoining owners be approved; and
THAT Bill 4115-99.L, being a by-law to authorized the conveyance, be
considered for 1st and 2nd reading.
CARRIED
UNFINISHED BUSINESS
Memorandum from Chief Administrative Officer re: Proposed
Resolution – Long Term Fiscal Impact of Growth
#691. Moved by Councillor West Seconded by Councillor Hogg
WHEREAS the Town of Aurora has over the past many years shown fiscal
prudence and to that end has no debt;
AND WHEREAS the Town of Aurora has grown in size, mainly because of
its location and also because of the overall good planning of the
community;
Aurora Council Minutes No. 28-99 Page 8
Wednesday, October 13, 1999
AND WHEREAS this planning has given priority to leisure time and way of
life;
AND WHEREAS all this has been accomplished with the principle that
“growth should pay for growth” including essential infrastructure such as
wood-lots, parks for family use and land for active participation, walkways,
and other leisure activities such as libraries, etc.;
AND WHEREAS all these and other Town services such as fire and public
works, have historically been provided at a reasonable cost to its citizen
taxpayers;
AND WHEREAS the Town has undertaken a long term fiscal impact
analysis of projected population growth;
AND WHEREAS this document has demonstrated that because of
changes in Provincial legislation which eliminates the ability of the elected
Council of the Town to sustain a growth pays for growth philosophy,
existing Town residents are now responsible to pay for a portion of the
cost of new growth;
AND WHEREAS the cumulative estimated increase in taxes to the citizens
of Aurora is predicted to peak between 9% and 13% above present level
in order to furnish future citizens with the same services provided the rest
of the municipality;
AND WHEREAS this is an unacceptable obligation to place on the citizens
of the Town of Aurora and to the elected Council that represent them;
BE IT THEREFORE RESOLVED THAT, in order to correct this injustice
and to protect the historical right of locally elected Councils to make
objective land use decisions in the best interest of the community, the
Council of the Town of Aurora hereby declares that adoption of Official
Plan Amendments designating lands for residential purposes beyond the
current approved urban envelope of the Town of Aurora will hereby cease;
AND BE IT FURTHER RESOLVED THAT the merits of Official Plan
Amendments within the existing urban envelope proposing either new
residential designations or in circumstances where residential
designations already exist, an increase in such density is contemplated,
will be carefully scrutinized to evaluate the effect such change will have
on the principles of growth paying a fair share of the cost of growth as
mandated by the Province of Ontario;
AND BE IT FURTHER RESOLVED THAT the Town solicit community
input and direction, including but not limited to, consideration of a question
on the ballot at the next municipal election designed to allow the citizens
of the Town of Aurora to indicate whether they agree with designating land
for future new residential development, despite the resulting increased tax
burden on its existing citizens;
AND FURTHER THAT this Resolution be forwarded to the Premier of the
Province of Ontario, the Finance Minister, the Minister of Municipal Affairs
and to our local M.P.P. with a clear indication of Council’s strong objection
to the removal of the local autonomy resulting from the changes to the
Development Charges Act and the resultant imposed shift in tax burden to
the existing residents of our community;
AND THAT the Resolution be also forwarded to the Association of
Municipalities of Ontario, the Urban Development Institute, all Regional
and County governments in Ontario, including the local municipalities in
the GTA with a request that unified municipal advocacy for further
Aurora Council Minutes No. 28-99 Page 9
Wednesday, October 13, 1999
changes in the Development Charges legislation be renewed, in order to
restore the fundamental ability of local Councils to protect existing
ratepayers from the cost of new growth.
On a recorded vote, the resolution was CARRIED.
YEAS: 6 NAY: 1
VOTING YEA: Councillors Hartwell, Healy, Hinder, Hogg, Morris and Mayor Jones.
VOTING NAY: Councillor West.
BY-LAWS
#692. Moved by Councillor Hinder Seconded by Councillor Hartwell
THAT leave be given the Mover and Seconder to introduce the following
bills for First Reading:
4115-99.L Being a By-law to authorize the
conveyances of land being Parts
of Block 164, Plan 65M-2977
(Harner and Mansour).
4117-99.T Being a By-law to prescribe
maximum rates of speed on
Temperance Street in the
Town of Aurora.
AND THAT the same be taken as read a First Time.
CARRIED
#693. Moved by Councillor Morris Seconded by Councillor Hogg
THAT leave be given the Mover and Seconder to introduce the following
bills for Second Reading:
4115-99.L Being a By-law to authorize the
conveyances of land being Parts
of Block 164, Plan 65M-2977
(Harner and Mansour).
4117-99.T Being a By-law to prescribe
maximum rates of speed on
Temperance Street in the
Town of Aurora.
AND THAT the same be taken as read a Second Time.
CARRIED
#694. Moved by Councillor Hogg Seconded by Councillor Morris
THAT leave be given the Mover and Seconder to introduce the following
by-laws for Third Reading:
4108-99.D Being a By-law to amend By-law
No. 2213-78 (Old Park Holdings).
4073-99.T Being a By-law to amend Parking
Aurora Council Minutes No. 28-99 Page 10
Wednesday, October 13, 1999
By-law 3377-92 as amended,
with respect to Milloy Place and
Hawtin Lane.
AND THAT the same be taken as read a Third Time.
CARRIED
#695. Moved by Councillor Hogg Seconded by Councillor Morris
THAT leave be given the Mover and Seconder to introduce the following
by-law for Third Reading:
4109-99.A Being a By-law to amend
By-law No. 3526-94.A a By-law
to adopt the Strategic Plan for
the Corporation of the Town
of Aurora.
AND THAT the same be taken as read a Third Time.
On a recorded vote, the resolution was CARRIED.
YEAS: 6 NAY: 1
VOTING YEA: Councillors Hartwell, Healy, Hinder, Hogg, Morris and Mayor Jones.
VOTING NAY: Councillor West.
NOTICE OF MOTION
Councillor Healy gave a Notice of Motion for the reconsideration of Council's previous
decision regarding the pedestrian underpass at the Holland River on Wellington Street
East.
QUESTIONS BY MEMBERS
Councillor Healy - Inquired why residents have to pay taxes on lands
they cannot use because of Regional Policy.
Councillor Morris - Advised of the concerns of parents that kids are
hanging over the barriers at the viewing gallery on the
second floor at the Arena and asked Staff to
investigate the area.
NEW BUSINESS
PL99-102-298 - Upcoming Ontario Municipal Board Hearing
Staff Representation, Retention of Legal Counsel
Ontario Realty Corporation (Landcrest Development Management Inc.)
D09-01-99, D14-03-99 and D12-99001A
#696. Moved by Councillor Healy Seconded by Councillor Hogg
THAT staff be authorized to appear before the Ontario Municipal Board
Prehearing on November 8, 1999 and at the Hearing which is yet to be
scheduled to support Council’s position respecting the above noted files;
and
THAT outside legal counsel be retained to present the Town’s case at the
Prehearing and Hearing to be assisted by the Town’s internal legal
resources.
CARRIED
Aurora Council Minutes No. 28-99 Page 11
Wednesday, October 13, 1999
IN CAMERA
Legal Matters
#697. Moved by Councillor Hartwell Seconded by Councillor Hinder
THAT this Council proceed In Camera to address legal matters.
CARRIED
ADJOURNMENT
#698. Moved by Councillor Hogg
THAT the meeting be adjourned at 9:00 p.m.
CARRIED
___________________________
____________________________________
T. JONES, MAYOR B. PANIZZA, MUNICIPAL CLERK