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MINUTES - Council - 20011211 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 36-01 Council Chambers Aurora Town Hall Tuesday, December 11, 2001 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair, Councillors Griffith, Kean, MacEachern, Pedersen, Timpson, Vrancic, Wallace and West. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Planning, Director of Building Administration, Director of Leisure Services, Director of Public Works/Acting Fire Chief, Treasurer, Solicitor, Administrative Coordinator, and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:11 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Vrancic declared an interest in Item 8 – Report PL01-086 and Item 13(3) – Report CS01-030 of the General Committee Meeting due to 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. Councillor West declared an interest in Item 13(9) – Report PL01-081 of the General Committee Meeting and By-law No. 4311-01.D due to a business 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. II APPROVAL OF AGENDA Moved by Councillor Griffith Seconded by Councillor Timpson THAT the content of the Agenda be approved as presented. CARRIED III ADOPTION OF MINUTES Special Council Meeting No. 34-01, Tuesday, November 27, 2001 and Council Meeting No. 35-01, Tuesday, November 27, 2001. Moved by Councillor West Seconded by Councillor Griffith THAT the Minutes of Meeting Number 34-01 and 35-01 be adopted as printed and circulated. CARRIED Aurora Council Meeting No. 36-01 Page 2 Tuesday, December 11, 2001 IV PRESENTATIONS Mayor Tim Jones re: Plaques to the Aurora Volunteer Fire Fighters Brigade, Cheques from the 4th Annual Mayor's Charity Golf Tournament Awards to the winners of the Central York Fire Services naming contest Councillor Wallace and Councillor Woodhouse presented the winners of the contest to name the new consolidated fire service with gift certificates. The winner of the naming contest with the name Central York Fire Services is Newmarket resident Tayna Fletcher, the second place winner with the name Mid York Fire Services, was submitted by Aurora resident Tina Wakeling and the third place winner with the name York Centre Fire Services, was submitted by Newmarket resident Cindy Townsend. Mr. Wayne Jackson, Acting Fire Chief presented a brief history of Aurora Fire Brigade/Department. Mayor Jones presented plaques to the Aurora volunteer fire fighters brigade in recognition of their contribution towards fire safety in the community. Mayor Jones also presented Wayne Jackson, Acting Fire Chief with a fire safety hat and thanked him for his service as Acting Fire Chief for the past 18 months. Robert Comeau of the Aurora Professional Fire Fighters presented Wayne Jackson with a picture in appreciation for his leadership during his tenure as Acting Fire Chief. Mayor Jones presented cheques in the amount of $10,000 each to C.H.A.T.S., Southlake Regional Health Centre, Aurora Public Library and Community Safety Village from the proceeds of this year’s Annual Mayor’s Charity Golf Classic Tournament. The recipients thanked the Committee for the donation and indicated what the money would be used for. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 6, 7, 8, 13, 14, 16 and 18 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Griffith Seconded by Councillor Timpson THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to Council and Staff be authorized to take all necessary action required to give effect to same: 1. Joint Council Integration Committee for Fire and Emergency Services Minutes of Meeting No 08-01, December 5th, 2001 THAT the minutes of the Joint Council Integration Committee for the Fire and Emergency Services meeting No. 08-01 dated December 5th 2001 be received as information; and THAT the name Central York Fire Services be adopted as the name for the Consolidated Fire Services. 2. FS01-08 - Consolidation of Fire Services with Newmarket - Wrap Up Report THAT Report No. FS01-08 entitled "Consolidation of Fire Services with Newmarket - Wrap up Report" be received; Aurora Council Meeting No. 36-01 Page 3 Tuesday, December 11, 2001 THAT the Mayor and Clerk be authorised to execute the attached "Building Use Agreement" with Newmarket; and THAT the members of the Aurora Fire and Emergency Services Department be thanked for their dedication and congratulated for their professional approach to the matter of consolidation with Newmarket. 3. ADM01-032 - Electronic Registration – Real Property Matters THAT the Town Solicitor, or designate, be authorized to execute by electronic means any documents requiring registration at the Land Titles and Registry Office under the new electronic registration system; and THAT the Treasurer be authorized to arrange for an Electronic Registration Bank Account. 4. LS01-051 - Microcell Connexions Inc. Amending Agreement THAT the Mayor and Clerk be authorized to execute the Amending Agreement with Microcell Connexions Inc. to postpone the commencement date from October 1, 2001 to February 1, 2002. 5. LS01-052 - Theatre Aurora Lease Agreement Addendum THAT Council receive the attached report on the Theatre Aurora Lease Agreement Addendum for information purposes. 9. PL01-087 - Removal of the Holding Provision Wycliffe Westbury Limited 227 Vandorf Road Part of Lots 74 and 75, Concession 1, EYS D14-14-01 THAT Council enact By-law 4322-01.D to remove the Holding (H) prefix from the Phase 1 lands only, of the Wycliffe Westbury Limited to facilitate the development of 40 units. 10. PW01-049 - Acceptance of Municipal Services – Bayview Wellington Subdivision Phase II, Register Plan 65M-3192 THAT Council accept the municipal services contained within Registered Plan 65M-3192 of the Bayview Wellington Subdivision Phase II; THAT the Director of Public Works be authorized to issue a Certificate of Acceptance of Public Works for said lands as required under Section 3.12 of the Subdivision Agreement; and THAT the Treasurer be directed to release all municipal servicing securities held in relation to the Bayview Wellington Subdivision Phase II. 11. CS01-038 - Proposed New Municipal Act – Bill 111 THAT the report entitled “Proposed New Municipal Act – Bill 111” be received for information. Aurora Council Meeting No. 36-01 Page 4 Tuesday, December 11, 2001 12. TR01-042 - PROPERTY TAX WRITE OFFS AND ADJUSTMENTS UNDER SECTIONS 441, 442 AND 443 OF THE MUNICIPAL ACT THAT the write off of 1997 & 1998 property taxes in the amount of $27,214.14 under Section 441 of the Municipal Act, the adjustment of 2000 and 2001 property taxes in the amount of $9,710.57 under Section 442 of the Municipal Act be approved. 15. Correspondence from the Town of Newmarket Re: Requested Background Information re: Lack of Adequate and Affordable Housing and Means to Relieve the Problem in Urban, Rural and Remote Communities THAT the correspondence be received as information. 17. Exception to the Acting Pay Policy THAT an exception to the Acting Pay Policy be approved to provide for the payment of a one time monetary compensation of 10% of the 2001 regular earnings of the Director of Public Works for assuming, in addition to his regular duties, the responsibilities of the Aurora Fire Chief for the past 18 months. 19. LS01-049 - Millennium Committee and Gazebo THAT Council approve the proposed location as noted on the attached location plan for the construction of the Millennium Gazebo in the Holland River Valley Park; and further THAT Council approve the conclusion of the Millennium Committee Mandate with thanks; and further THAT Council authorize staff to allocate all remaining funds to the creation of a Millennium Garden surrounding the Gazebo. CARRIED VII DELEGATIONS Thomas Davey resident of 117 John West Way re: Traffic Safety Advisory Board Meeting of November 14, 2001 Mr. Thomas Davey spoke regarding the parking prohibition on John West Way and indicated that he would support the recommendation of the parking prohibition of 10m north of Amberhill Way instead of the proposed 20m. Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the comments of the delegate be received as information. CARRIED Moved by Councillor Griffith Seconded by Councillor Timpson THAT Item 18 be brought forward at this point in the meeting for consideration. CARRIED Aurora Council Meeting No. 36-01 Page 5 Tuesday, December 11, 2001 18. Memo from Wayne Jackson, Director of Public Works re: Traffic Safety Advisory Board Meeting of November 14, 2001 Moved by Councillor Timpson Seconded by Councillor West THAT the December 11, 2001 TSAB Council Report No. 01-08 reflecting the recommendations of the November 14, 2001 TSAB Meeting be adopted with the exception of Recommendation (c) regarding parking prohibition on the east side of John West Way from Amberhill Way to a point 20m north of Amberhill Way which was referred back to the TSAB for reconsideration with the comments of Mr. Thomas Davey. CARRIED Anne Goodwin on behalf of the Christ Evangelical Lutheran Church re: Community Signage Anne Goodwin, on behalf of the Christ Evangelical Lutheran Church requested an exclusion from the specifications of the proposed policy respecting directional signage to permit the installation of two directional signs on Yonge Street to identify their church which is located on 7 Lacey Court. Moved by Councillor West Seconded by Councillor Pedersen THAT the comments of the delegate be received. CARRIED Moved by Councillor West Seconded by Councillor Pedersen THAT Item 13(2) of the General Committee Meeting Minutes be brought forward at this point in the meeting for consideration. CARRIED 13. General Committee Meeting Report No. 18-01 Tuesday, December 4, 2001 (2) BA01-013 - Directional Signage Moved by Councillor Griffith Seconded by Councillor West THAT the Report be referred back to staff for a review with the churches with the understanding that the churches use their own standard signs. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 6. PW01-052 - Award of Contract for Professional Services – Urban Design Review for Streets in Heritage Resource Area of Aurora Moved by Councillor West Seconded by Councillor Vrancic THAT the Director of Public Works be authorized to sign an Agreement with Hough Woodland Naylor Dance Leinster Limited for the provision of professional services for the Urban Design Review for Streets in the Heritage Resource Area of Aurora at a cost not to exceed $24,200 exclusive of taxes; and Aurora Council Meeting No. 36-01 Page 6 Tuesday, December 11, 2001 THAT unexpended capital funding from the 2001 Public Works capital works program be reallocated to fund the Urban Design Review for Streets in Heritage Resource Area of Aurora. CARRIED 7. PL01-084 - Zoning By-law Amendment and Draft Plan of Subdivision James Spring (Minto Communities (Toronto) Inc.) 15,625 Bayview Avenue Part of Lot 23, Concession 2 EYS D14-15-01 and D12-01-4A Moved by Councillor Kean Seconded by Councillor Timpson THAT Council receive as information the following overview of Zoning By-law Amendment and Draft Plan of Subdivision applications D14-15- 01 and D12-01-4A regarding Part of Lot 23, Concession 2 EYS, scheduled for the January 30, 2002 Public Planning Meeting. CARRIED 8. PL01-086 - Official Plan and Zoning By-law Amendment Application T. Ntoulas (The Red House) Part of Lot 3, Registered Plan 461 253 Old Yonge Street Files: D09-05-01 and D14-17-01 Moved by Councillor Griffith Seconded by Councillor MacEachern THAT Council receive as information the following overview of Official Plan and Zoning By-law Amendment Applications D09-05-01 and D14- 17-01, scheduled for the January 30, 2002 Public Planning Meeting. CARRIED Councillor Vrancic, having previously declared an interest in Item #8, Report PL01- 086, did not take part in the vote called for in this regard. 13. General Committee Meeting Report No. 18-01 Tuesday, December 4, 2001 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 18-01, TUESDAY, DECEMBER 4, 2001 – ITEM 8, OTHER BUSINESS, ITEMS 3 AND 9 (8). PW01-050 - Contamination of Outfall to Holland River East Branch - Phase II ESA Report Moved by Councillor Kean Seconded by Councillor Timpson THAT the Gartner Lee report entitled "Phase II ESA Industrial Parkway South" be received and staff be requested to continue to implement the recommendations contained within that report as reproduced in Appendix A to Report No. PW01-50; THAT staff be requested to report further on the results of the additional sewer samples taken as a result of Recommendation No. 2 of the Gartner Lee Report; Aurora Council Meeting No. 36-01 Page 7 Tuesday, December 11, 2001 THAT the Ministry of the Environment be requested to provide their comments on the Gartner Lee Report and advise the Town of what steps the Town should now be taking in this matter; THAT Staff be requested to report further on the operations and costs of a protocol to deal with future events of this nature; and THAT all material and findings to date in relation to this issue be forwarded to the Ministry of Environment with a request that the matter be thoroughly investigated. THAT the Ministry of Environment be requested to take measures to investigate underground storage tanks located further South on Industrial Parkway. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Kean THAT the Solicitor be requested to review Report PW01-50 - "Contamination of Outfall to Holland River East Branch - Phase II ESA Report", look at the provisions within the Environmental Protection Act, regulations governing the Ministry of Environment in terms of how they would investigate a property if requested by a Municipality and that the Solicitor provide an opinion as to whether the Town of Aurora would have a cause of action against the Ontario Government or the Ministry of Environment. AND FURTHER THAT the Solicitor investigate whether there is any other provision within the law that would allow the Town to get a court order to grant access to the property if the Ministry is not prepared to do so. CARRIED The main motion was CARRIED AS AMENDED. OTHER BUSINESS, COUNCILLORS SECTION OF THE GENERAL COMMITTEE MEETING Moved by Councillor Vrancic Seconded by Councillor Wallace THAT the Library Square Redevelopment Ad Hoc Committee be disbanded; and THAT the Director of Leisure Services be requested to draft terms of reference and initiate the process of obtaining a list of consultants that Council may consider to undertake the project of recommending community user groups for the facilities within the Library Square. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor MacEachern THAT the terms of reference will not include the main floor and upper floor in the old library which Council will designate for the use of the Aurora Seniors Centre. This will be on the same basis as the existing building; AND FURTHER THAT staff will meet with the Seniors Executives and discuss the use of the building with the intent for expansion of a greater variety of programs to meet the needs of a larger number of seniors; Aurora Council Meeting No. 36-01 Page 8 Tuesday, December 11, 2001 AND FURTHER to consider longer operating hours with the seniors and a larger representation in the operation; AND THAT staff report back to Council with recommended construction costs and available funding for this project. CARRIED The motion was CARRIED AS AMENDED. Moved by Councillor Vrancic Seconded by Councillor Kean THAT a consultant not be retained and that Council make the determination on the use of the balance of the space; and THAT the Director of Leisure Services be directed to bring back a report on the proposed users of the balance of the building with recommendation on costs, availability and timing. CARRIED (3.) CS01-030 - Aurora Community Information Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the Town enter into an agreement with Aurora Family Connections to establish a reception centre at the Town Hall entitled “Aurora Community Information”, in order to provide a community information and referral service to all residents of the Town. CARRIED Councillor Vrancic, having previously declared an interest in item #3 Report CS01- 030, did not take part in the vote called for in this regard. (9.) PL01-081 - Official Plan Amendment Donald Schmidt/Home Depot Holdings Inc. 15320 Bayview Avenue Part of Lot 81, Concession 1 EYS D09-03-01 Moved by Councillor Timpson Seconded by Councillor Griffith THAT Report PL01-081 be received and that Official Plan Amendment No. 41 and implementing By-law No. 4311-01.D be scheduled for enactment at the December 11, 2001 Council meeting. CARRIED Councillor West, having previously declared an interest in Item #9 Report PL01-081, did not take part in the vote called for in this regard. Moved by Councillor Kean Seconded by Councillor Pedersen THAT the balance of the Report of the General Committee Meeting No. 18-01 be received and the recommendations carried by the Committee be adopted. CARRIED Aurora Council Meeting No. 36-01 Page 9 Tuesday, December 11, 2001 14. LACAC10-01 - November 26, 2001, Local Architectural Conservation Advisory Committee Meeting Moved by Councillor West Seconded by Councillor Pedersen 1. THAT the Committee Record of the L.A.C.A.C. Meeting held on November 26, 2001, be received as information. 2. And that the Planning Dept. be requested to negotiate with the developer terms for the relocation and preservation of the Petch Log House and that staff report back on the outcome of the discussions; 3. And That the 2002 LACAC budget of $7,750 be confirmed and that Council be requested to allocate this for the budget; 4. That Diane Fergueson be selected to review and revise the walking tour brochure and report back with modifications; and that staff assist in this project by contacting other municipalities in order to obtain sample brochures; and that funds be allocated in the 2002 budget for the set up and printing costs of the new publication; 5. And that D. Peirce and W. Mestrinaro be appointed as the LACAC representatives on the Urban Design Steering Committee which will be reviewing the design of Maple and Fleury Streets; AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Timpson Seconded by Councillor Pedersen 4. THAT the 2002 LACAC budget of $7,750 be referred to the Budget Committee. CARRIED The main motion was CARRIED AS AMENDED. 16. Correspondence from the Township of King Sanitary Sewer Servicing - King City Moved by Councillor Pedersen Seconded by Councillor Timpson THAT the correspondence be received as information. CARRIED IX REGIONAL REPORT Mayor Jones advised that a Youth Advisory Committee has been approved by Regional Council and that Chris Catania, Youth Co-ordinator for the Town of Aurora, has been asked to co-ordinate an ongoing communication between the Town of Aurora's Youth Committee and the Region's to exchange information and share initiatives. The Mayor also advised that the Region of York has developed a new Economic Development Strategy and that Mr. Don Eastwood, will be speaking at an upcoming Economic Development Advisory Committee meeting as a representative of the Region to present this new strategy. Aurora Council Meeting No. 36-01 Page 10 Tuesday, December 11, 2001 X OTHER BUSINESS, COUNCILLORS Councillor Timpson reminded residents that the judging of Christmas lights will be held on Thursday, December 20, 2001. Councillor West asked for Councillors, staff and residents to volunteer in the Salvation Army Kettle Drive. Mayor Jones advised that the Budget meeting has been rescheduled to Saturday, January 5, 2001. Mayor Jones apologized for his behaviour towards Stephen Granger at the December 4, 2001 General Committee Meeting. XI READING OF BY-LAWS Moved by Councillor Pedersen Seconded by Councillor Griffith THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4308-01.T BEING A BY-LAW to amend Parking By-law 3377-92 as amended, with respect to Mary Street, Tecumseh Drive, Kennedy Street and Hollandview Trail. 4319-01.F BEING A BY-LAW to authorize a schedule of fees for the sale of Town publications and to prescribe service charges for administrative matters. 4320-01.F BEING A BY-LAW to to levy an Interim Tax Rate for the year 2002. 4322-01.D BEING A BY-LAW to amend By-law 2213-78 4323-01.F BEING A BY-LAW to amend Municipal Waterworks Distribution By-law 3305-91, as amended. 4324-01.F BEING A BY-LAW to authorize a schedule of fees for applications made in respect of Planning matters. Aurora Council Meeting No. 36-01 Page 11 Tuesday, December 11, 2001 4325-01.F BEING A BY-LAW to provide a Schedule of fees to the Building By-law 3487-93. CARRIED Moved by Councillor Timpson Seconded by Councillor Wallace THAT the following by-law be given 1st, 2nd and 3rd readings, and enacted: 4311-01.D BEING A BY-LAW to to adopt Official Plan Amendment No. 41 CARRIED Councillor West, having previously declared an interest in By-law 4311-01.D, did not take part in the vote called for in this regard. XII ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 9:30 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK Aurora Council Meeting No. 36-01 Page 12 Tuesday, December 11, 2001