MINUTES - Council - 20030211
TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 03-05
Council Chambers
Aurora Town Hall
Tuesday, February 11, 2003
ATTENDANCE
COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Kean,
Timpson, MacEachern, Pedersen, Wallace and
West.
Councillors Griffith and Vrancic were absent.
STAFF MEMBERS Chief Administrative Officer, Director of Corporate
Services/Town Clerk, Director of Building, Director
of Planning, Director of Public Works, Director of
Leisure Services, Treasurer and Council/
Committee Secretary.
Following Open Forum the Mayor called the meeting to order at 7:05 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor Wallace declared an interest in Item 4 - General Committee
Meeting Report No. 03-03 (item 2) by virtue of a 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.
II APPROVAL OF AGENDA
Moved by Councillor Timpson Seconded by Councillor Pedersen
THAT the content of the Agenda be approved as presented with the
following additions:
Delegation request from Mr. Chris Barnett of Davis & Company, re:
Item # 4 (2) General Committee Report No. 03-03 Tuesday, February
4, 2003 (240 Kennedy Street West)
Delegation request from Mr. Sam Nardi, Bob Sherwood and Bill
Bobbie, residents, re: Item # 4 (2) General Committee Report No. 03-
03 Tuesday, February 4, 2003 (240 Kennedy Street West)
Amended Appendix “A”, “B” & “C” to Report TR03-003 – Financial
Update of Completed Capital Projects
CARRIED
Aurora Council Minutes No. 03-05 Page 2
Tuesday, February 11, 2003
III ADOPTION OF MINUTES
Council Meeting No. 03-02, Tuesday, January 28, 2003, Special Council –
Public Planning Meeting No. 03-03, Wednesday, January 29, 2003,
Special Council Meeting No. 03-04 Monday, February 3, 2003.
Moved by Councillor MacEachern Seconded by Councillor Kean
THAT the Council Minutes of Meeting Numbers 03-02, 03-03 and 03-
04 be adopted as printed and circulated.
CARRIED
IV PRESENTATIONS
None
V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1, 2, 4(2), 6 and 7 were identified for discussion.
VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor Timpson Seconded by Councillor Pedersen
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:
3. TR03-003 - Financial Update of Completed
Capital Projects
THAT the Treasurer’s report TR03-003 “Financial Update of
Completed Capital Projects” be received for information.
THAT Council authorize the re-allocation of capital project closing
balances [(Unexpended) / Unfinanced] to/from the originating funding
source(s) as outlined within amended Appendix “A” of report TR03-
003.
5. Correspondence from the Region of York re: Pedestrian
Crossing Facility Modifications - Yonge Street
THAT the correspondence be received for information.
8. ADM03-003 - Electricity Pricing, Conservation and
Supply Act, 2002 (Bill 210) Affirmation of
Continuance of Hydro Corporations
WHEREAS Section 142 of the Electricity Act, 1998, required municipalities
to convert their existing hydro-electric commissions into corporations
incorporated under the Business Corporations Act, (Ontario) before
November 7, 2000;
AND WHEREAS the Council of The Corporation of the Town of Aurora
decided to transform its hydro-electric commission and to form Borealis
Hydro Electric Holdings Inc. and its subsidiary to effect such merger;
AND WHEREAS Borealis Hydro Electric Holdings Inc. and its subsidiary
were incorporated under the Business Corporations Act, (Ontario), and
were established effective as of October 3, 2000, as amended April 23,
2002;
Aurora Council Minutes No. 03-05 Page 3
Tuesday, February 11, 2003
AND WHEREAS Borealis Hydro Electric Holdings Inc. and its subsidiary
continue to operate as a highly efficient utility for the benefit of the
electricity customers and taxpayers of the Town of Aurora;
AND WHEREAS on December 9, 2002, Bill 210, the Electricity Pricing,
Conservation and Supply Act, 2002 (the “Act”) received third reading,
Royal Assent and came into force;
AND WHEREAS the Act amends the Electricity Act, 1998, by adding
Section 159.1 which provides that each municipality that beneficially owns
voting securities in a corporation incorporated under Section 142 of the
Electricity Act, 1998, and that is licensed under the Ontario Energy Board
Act, 1998 to distribute electricity, may within 90 days after Section 159.1
comes into force, pass a resolution affirming that the corporation should
continue to be incorporated as provided in Section 142(1) of the Electricity
Act, 1998;
AND WHEREAS the Act also provides several consequences of failure to
pass the required resolution and submit the necessary certificate certifying
the passing of the resolution, which consequences include a prohibition
against declaring or paying dividends for the benefit of any person; a
prohibition against any disposition of the assets or liabilities of the
electricity distribution corporation; prohibitions against entering into certain
contractual arrangements; and an application being deemed to have been
made to the Ontario Energy Board for a rate order that incorporates a 0%
return on common equity which effectively converts the distribution
corporation into a not-for-profit business;
AND WHEREAS Aurora Hydro Connections Limited is a licensed
electricity distributor that was incorporated as provided in Section 142(1)
of the Electricity Act, 1998 and is owned by the Town of Aurora through its
direct ownership of Borealis Hydro Electric Holdings Inc., the parent
corporation of the Town of Aurora;
AND WHEREAS the ownership of Aurora Hydro Connections Limited has
consistently ensured that the electricity customers and taxpayers of
Aurora receive efficient electrical services at competitive rates;
NOW THEREFORE BE IT RESOLVED:
THAT the Council of the Corporation of the Town of Aurora affirms that
Borealis Hydro Electric Holdings Inc. and its wholly-owned subsidiary,
Aurora Hydro Connections Limited, an electricity distributor licensed under
the Ontario Energy Board Act, 1998, should continue to be incorporated
as a corporation under the Business Corporations Act (Ontario) as
provided in Subsection 142(1) of the Electricity Act, 1998, and to operate
on a for-profit basis; and
THAT the Mayor and Clerk be authorized to prepare and file with the
Minister of Energy, the necessary certificate required under Section 159.1
of the Electricity Act, 1998, as provided for in the Act.
THAT the Board of Directors of Borealis Hydro Electric Holdings Inc. be
requested to expeditiously prepare for submission to the shareholder a
five year business plan and dividend forecast taking the limitations of the
amendments to the Electricity Act into consideration.
THAT Council of the Town of Aurora express its concern to both the
Minister of Energy and the Premier respecting the ongoing significant
changes in direction in the regulation of the electricity regime in the
Province of Ontario and the resultant hardship created for those entities
responsible for effective and efficient distribution of the commodity to the
ratepayers.
CARRIED
Aurora Council Minutes No. 03-05 Page 4
Tuesday, February 11, 2003
VII DELEGATIONS
Delegation requests from Mr. Sam Nardi, Bob Sherwood and Bill Bobbie
residents, re: Item # 4 (2) General Committee Report No. 03-03 Tuesday,
February 4, 2003 (240 Kennedy Street West)
Mr. Sam Nardi, property owner adjacent to the subject property, requested
that Council defer the item for two weeks in order to review the conditions and
requested the reopening of the decision made at the December 17, 2002
Council Meeting.
Moved by Councillor West Seconded by Councillor Timpson
THAT the comments of the delegate be received and referred to Item
#4(2).
CARRIED
Mr. Bob Sherwood requested that the minutes of the February 4, 2003,
General Committee Meeting be amended to reflect that a petition listing
residents opposed to the application was provided. Mr. Sherwood also
requested that staff provide him with the study regarding housing
intensification, O.P.A. #1 that was conducted in 1996, and allow him a few
weeks to study the report.
Moved by Councillor West Seconded by Councillor MacEachern
THAT the comments of the delegate be received and referred to Item
#4(2).
CARRIED
Mr. Bill Bobbie was not in attendance.
Delegation request from Mr. Chris Barnett of Davis & Company, re: Item
# 4 (2) General Committee Report No. 03-03 Tuesday, February 4, 2003
(240 Kennedy Street West)
Mr. Chris Barnett, acting on behalf of the applicant, requested that a
correction to the February 4, 2003, General Committee Meeting to reflect that
notice of the April 9th OMB Hearing will not be published in the local
newspaper, but circulated in accordance with OMB procedures. Mr. Chris
Barnett also requested that Council adopt the recommendations of the staff
report at this evening’s meeting and reiterated that amendments are not
permanent and can be changed at any time prior to final approval.
Moved by Councillor MacEachern Seconded by Councillor Timpson
THAT the comments of the delegate be received and that Item #4(2)
be brought forward for consideration at this time.
CARRIED
4. General Committee Report No.03-03 Tuesday, February 4, 2003
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE
GENERAL COMMITTEE MEETING NO. 03-03, TUESDAY, FEBRUARY 4, 2003 –
(ITEM 2)
(2) PL03-010 - Draft Plan of Condominium
Lenard Lind
Part of Lot 79, Concession 1, W.Y.S.
240 Kennedy Street West
File Number D07-02-4A
Aurora Council Minutes No. 03-05 Page 5
Tuesday, February 11, 2003
Moved by Councillor MacEachern Seconded by Councillor Kean
THAT the item be deferred to the February 25, 2003 Council Meeting.
CARRIED
Moved by Councillor Timpson Seconded by Councillor Pedersen
THAT the balance of the Report of the General Committee Meeting
No. 03-03 be received and the recommendations carried by the
Committee be adopted.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Kean
THAT the Other Business portion of the meeting be brought forward at
this point in the meeting.
On a recorded vote, the resolution was CARRIED UNANIMOUSLY
VIII OTHER BUSINESS, COUNCILLORS
Moved by Councillor MacEachern Seconded by Councillor Kean
THAT Notice of Reconsideration be given for the recommendation
from the December 17, 2002 as follows:
THAT Planning Report PL02-109 be received and that Council direct
Staff to go forward on consent to the Ontario Municipal Board for
approval of the draft zoning by-law amendment attached as Appendix
“A” to report PL02-109 and that Staff be directed to prepare the
conditions of draft approval for the subject draft plan of condominium
and report back to General Committee in January, 2003.; and
THAT reconsideration be given at the February 18, 2003, General
Committee Meeting.
On a recorded vote, the resolution was CARRIED UNANIMOUSLY
Councillor Wallace, having previously declared an interest in Item 4(2), did not
take part in the vote called in this regard.
Councillor Timpson complimented the organizers of the Aurora’s Arctic
Adventure on a job well done.
Councillor West requested a status report on the proposed “Leash Free
Zones” and was advised by the Director of Corporate Services that it is not
available at this time however discussions are still underway and will advise
Council of the status.
Councillor Kean congratulated the Aurora Tigers on their successful season
and their winning streak in the playoffs against Bramalea.
IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Moved by Councillor MacEachern Seconded by Councillor West
THAT Item 7 be brought forward for consideration.
CARRIED
Aurora Council Minutes No. 03-05 Page 6
Tuesday, February 11, 2003
7. Recommendations from the Borealis Hydro Electric Holdings
Inc., 2001 Annual Shareholders Meeting.
Moved by Councillor West Seconded by Councillor MacEachern
3. Re-election of Directors
THAT, notwithstanding the terms of office of the directors set out in the
resolution dated May 27, 2002 in respect of their election, the directors are
re-elected for terms of office identical to those set out in the said resolution
with the understanding that at the 2002 annual shareholders meeting to be
held this spring, Council will have an opportunity to select members at the
end of the term.
CARRIED
Moved by Councillor Timpson Seconded by Councillor Kean
1. Audited Financial Statements for 2001
THAT, the audited financial statements of Aurora Hydro Connections
Limited, a wholly owned subsidiary of Borealis Hydro Electric Holdings
Inc., for the fiscal year ended December 31, 2001, as approved by the
respective directors of the said Corporations and laid before the meeting,
are accepted.
2. Exemption from Part XII of the Business Corporations Act (Ontario)
THAT, the exemption of Borealis Hydro Electric Holdings Inc. from the
requirement of Part XII of the Business Corporations Act (Ontario)
regarding the appointment and duties of an auditor in respect of the
December 31, 2001 fiscal year end of the said Corporation, is approved,
ratified and confirmed.
4. Appointment of Auditors
THAT, the appointment of Grant Thornton, Chartered Accountants, as
Auditors of Borealis Hydro Electric Holdings Inc. for the fiscal year end
December 31, 2002 at a remuneration to be fixed by the directors, and the
authorization to the directors to fix such remuneration, is ratified and
confirmed.
5. Resolutions in Writing
THAT, the Shareholder Representative pursuant to the Shareholder
Declaration is authorized to sign resolutions for and on behalf of the Town
in its capacity as shareholder of Borealis Hydro Electric Holdings Inc. to
record the foregoing actions in the record of Borealis Hydro Electric
Holdings Inc.
CARRIED
1. PL03-015 - Site Plan Amendment, Condominium
Agreement 160 Wellington Street East
Moved by Councillor West Seconded by Councillor Timpson
THAT the item be deferred and staff report back to the February 18,
2003 General Committee Meeting.
CARRIED
Aurora Council Minutes No. 03-05 Page 7
Tuesday, February 11, 2003
2. PW03-005 - East Holland Trunk Sewer Class
Environmental Assessment Study
Moved by Councillor Kean Seconded by Councillor West
THAT Report No. PW03-005 related to the East Holland Trunk Sewer
Class Environmental Assessment Study be forwarded to the Regional
Municipality of York for information;
THAT The Regional Municipality of York be informed the Town of
Aurora has no concerns with the preferred Design concept as detailed
in the East Holland Trunk Sewer Class Environmental Assessment
Study;
THAT staff be directed to continue discussion with the appropriate
Regional representatives to resolve any outstanding issues as
described in Report No. PW03-05; and
THAT staff be directed to report back to Council on any issues or
matters related to the East Holland Trunk Sewer that would adversely
impact the Town or change the outcome of the Class Environmental
Assessment.
CARRIED
6. Correspondence from the Region of York
re: Speed Regulation Review - Yonge Street
Moved by Councillor Wallace Seconded by Councillor West
THAT the correspondence be received for information.
CARRIED
X REGIONAL REPORT
None
XI READING OF BY-LAWS
Moved by Councillor Timpson Seconded by Councillor MacEachern
THAT the following listed by-laws be given 1st, 2nd and 3rd readings,
and enacted:
4404-03.T BEING A BY-LAW to provide
for the numbering of buildings
in the Town of Aurora.
4405-03.D BEING A BY-LAW to prescribe
the Form, Manner and Time for
the Provision of Notice.
CARRIED
Aurora Council Minutes No. 03-05 Page 8
Tuesday, February 11, 2003
XII IN CAMERA
Legal Matters
Moved by Councillor Pedersen Seconded by Councillor Wallace
THAT this Council proceed In Camera to address legal matters.
CARRIED
XIII ADJOURNMENT
Moved by Councillor Kean
THAT the meeting be adjourned at 8:00 p.m.
CARRIED
______________________ _________________________________
T. JONES, MAYOR B. PANIZZA, TOWN CLERK