MINUTES - Council - 20080304 TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 08-06
Council Chambers
Aurora Town Hall
Tuesday, March 4, 2008
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gaertner, Granger, MacEachern, Marsh and
McRoberts
MEMBERS ABSENT Councillor Wilson was absent
OTHER ATTENDEES Chief Administrative Officer, Director of Corporate
Services/Town Clerk, Director of Building, Director of
Leisure Services, Director of Planning, Director of
Public Works and Council/Committee Secretary
Mayor Morris called the meeting to order at 6:05 p.m.
XIV CLOSED SESSION
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT Council recess into a Closed Session to receive legal advice related
to the pending Ontario Municipal Board Hearing regarding the Westhill
Redevelopment application.
CARRIED
Council recessed at 6:07 p.m.
Council reconvened at 7:06 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act.
II APPROVAL OF AGENDA
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the agenda as circulated by the Corporate Services Department,
with the following additional items, be approved:
NEW DELEGATION f)
Mr. Thomas & Ms Julie Mueller
Re: Item 4 – TSAC08-01 – Traffic Safety Advisory Committee
Meeting Minutes – February 13, 2008
Council Meeting No. 08-06 Page 2 of 13
Tuesday, March 4, 2008
NEW DELEGATION g)
Ms Sher St. Kitts
Re: Added Item 31 – LSAC08-01 – Leisure Services Advisory
Committee Meeting Minutes – February 21,
2008
WITHDRAWAL OF ITEM 8
Memorandum from the Acting Director of Planning
Re: Proposed Alterations to the Wellington Street Centre Median
Between John West Way and Bayview Avenue
Associated with an Application for Site Plan Approval
15320 Bayview Avenue Holdings Limited
15320 Bayview Avenue, Aurora
Part of Lot 81, Concession 1, E.Y.S.
File D09-02-05
NEW ITEM 18 - Ontario Muncipal Board Procedural Order
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 19 - Correspondence from Mr. John Wilson, Birchall
Northey LLP
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 20 - Correspondence from Mr. Ronald Lanthier
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 21 - Correspondence from Mr. Mark Kolb
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 22 - Correspondence from Mr. Ed and Ms Rosemary
Addison
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 23 - Correspondence from Menai Wardle
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 24 - Correspondence from Ms Brenda Farwell
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
Council Meeting No. 08-06 Page 3 of 13
Tuesday, March 4, 2008
NEW ITEM 25 - Correspondence from Ms Joanne Rusnell
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 26 - Correspondence from Mr. Brett Throop
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 27 - Correspondence from Leslie Catling
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 28 - Correspondence from Mr. Jake Mol
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 29 - Correspondence from Mr. Alex Maksymiw
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 30 - Correspondence from Mr. Mark Ettlinger
Re: Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium
Applications
Westhill Redevelopment Company Limited
NEW ITEM 31 – LSAC08-02 – Leisure Services Advisory
Committee Meeting Minutes – February 21,
2008
NEW ITEM 32 – Canada Day Parade Expense Breakdown for
2006
CARRIED
III OPEN FORUM
Mr. Klaus Wehrenberg addressed Council pertaining to item 17 - Official Plan
Amendment, Zoning By-law Amendment and Proposed Plan of Condominium
Applications for Westhill Redevelopment Company Limited. Mr. Wehrenberg
voiced his support for the Leisure Services Advisory Committee’s
recommendation to route a trail along the north edge of the proposed golf course
and across Leslie Street via an underpass, as a condition of draft plan approval if
the development goes forward. Mr. Wehrenberg also commended Mayor Morris
for taking a stand on the development. Mr. Wehrenberg stated that public goods
should prevail over private interests and that stronger legislation is required.
Council Meeting No. 08-06 Page 4 of 13
Tuesday, March 4, 2008
Mr. Ben Kestein addressed Council pertaining to item 17 - Official Plan
Amendment, Zoning By-law Amendment and Proposed Plan of Condominium
Applications for Westhill Redevelopment Company Limited. Mr. Kestein voiced
his opinion that the application should be denied for reasons relating to the
effects on the Oak Ridges Moraine and the water supply.
Stephen Taylor, Shay Pileggi and Sierra Pileggi addressed Council to advise that
a charity event was held this past weekend in support of the Childrens’ Make A
Wish Foundation, whereby Stephen, with assistance, sculpted a 20 ft. high T-Rex
out of snow resulting in the raising of just over $3,000 for the foundation.
Mayor Morris welcomed, and the Chief Administrative Officer (CAO) introduced,
Mr. Marco Ramunno as the new Director of Planning & Development for the
Town of Aurora. The CAO indicated that Mr. Ramunno was employed with the
City of Vaughan for the past 7 years and with the Region of York for several
years prior to that.
Mayor Morris introduced Mr. Roger Beaman as Legal Counsel for the Town of
Aurora.
Mayor Morris introduced Mr. Ilmar Simanovskis as the new Director of Public
Works.
IV ADOPTION OF MINUTES
1. Council Minutes of February 26, 2008, Meeting Number 08-05
Moved by Councillor Collins-Mrakas Seconded by Councillor Granger
THAT the Council minutes from meeting number 08-05 be adopted as
corrected.
CARRIED
V PRESENTATIONS
(a) 2008 Eat Smart! Award – Moon Garden
Mayor Morris presented the 2008 Eat Smart! Award to Moon Garden. This
award recognizes York Region food establishments who have met exceptional
standards in healthy food choices, food safety and a smoke-free environment.
VI PUBLIC SERVICE ANNOUNCEMENTS
Mayor Morris advised that the Treasured Recipes Cookbook, compiled by the
Aurora Seniors Association, is available for $10 each with the proceeds going to
the Aurora Seniors’ Centre.
Mayor Morris acknowledged the success of the Aurora Tigers Hockey Team
during the current round of the playoffs.
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 4, 6, 7, 11, 12, 15, 16, 17, 31and 32 were identified for discussion.
Council Meeting No. 08-06 Page 5 of 13
Tuesday, March 4, 2008
VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor Granger Seconded by Councillor Buck
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:
2. Special General Committee Meeting Report No. 08-10
Monday, February 25, 2008
THAT the report of the Special General Committee Meeting No. 08-10 be
received and the recommendations carried by the Committee be adopted.
3. HAC08-01 – Heritage Advisory Committee Meeting
Monday, February 11, 2008
THAT the Heritage Advisory Committee Meeting minutes from the
February 11, 2008 meeting be received and the recommendations
contained therein be adopted.
5. EDAC08-02 – Economic Development Advisory Committee Meeting
Wednesday, February 20, 2008
THAT the Economic Development Advisory Committee Meeting minutes
from the February 20, 2008 meeting be received and the
recommendations contained therein be adopted.
8. Memorandum from the Acting Director of Planning
Re: Proposed Alterations to the Wellington Street Centre Median
Between John West Way and Bayview Avenue
Associated with an Application for Site Plan Approval
15320 Bayview Avenue Holdings Limited
15320 Bayview Avenue, Aurora
Part of Lot 81, Concession 1, E.Y.S.
File D09-02-05
THAT this item be withdrawn from the agenda at the request of the
applicant.
9. PL08-013 – Application for Minor Site Plan Approval
Hamil Inc.
260 Industrial Parkway North, Building C
Blocks 1 and 2, Plan 65M-2718
File D11-09-07
THAT report PL08-013 be received as information.
10. CS08-010 – CUPE Negotiations – Ratification of Collective
Agreement
THAT the Mayor and Clerk be authorized to execute the Collective
Agreement between the Corporation of the Town of Aurora and the
Canadian Union of Public Employees Local 905, representing the terms of
employment for CUPE bargaining unit employees for the period April 1,
2007 to March 31, 2010.
Council Meeting No. 08-06 Page 6 of 13
Tuesday, March 4, 2008
13. Resolution from the Town of Newmarket
Re: Earth Hour Challenge
THAT the resolution from the Town of Newmarket regarding the Earth Hour
Challenge be received for information.
14. Resolution from the City of Vaughan
Re: Enhancing Public Transit Options in West Vaughan
THAT the resolution from the City of Vaughan regarding enhancing public
transit options in West Vaughan be received for information.
18. Ontario Muncipal Board Procedural Order
19. Correspondence from Mr. John Wilson, Birchall Northey LLP
20. Correspondence from Mr. Ronald Lanthier
21. Correspondence from Mr. Mark Kolb
22. Correspondence from Mr. Ed and Ms Rosemary Addison
23. Correspondence from Menai Wardle
24. Correspondence from Ms Brenda Farwell
25. Correspondence from Ms Joanne Rusnell
26. Correspondence from Mr. Brett Throop
27. Correspondence from Leslie Catling
28. Correspondence from Mr. Jake Mol
29. Correspondence from Mr. Alex Maksymiw
30. Correspondence from Mr. Mark Ettlinger
Items 18 – 30 all relate to:
Item 17 – PL08-014 – Official Plan Amendment, Zoning By-law
Amendment and Proposed Plan of Condominium Applications
Westhill Redevelopment Company Limited
THAT items 18 – 30 be received for information.
CARRIED
IX DELEGATIONS
(a) Mr. Michael McQuaid, Weir Foulds
Re: Item 17 – Westhill Redevelopment Company Limited
Mr. Michael McQuaid addressed Council, initially by reviewing the sequence of
events that have taken place to date, indicating that 13 consultants have been
engaged as independent experts in the various required disciplines for this
project and to request that Council approve the application by adopting Option #1
in staff report PL08-014.
Council Meeting No. 08-06 Page 7 of 13
Tuesday, March 4, 2008
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT Mr. Lebovic be allowed to speak to Council as a delegate.
CARRIED
(h) Mr. Lebovic, Lebovic Enterprises
Re: Item 17 – Westhill Redevelopment Company Limited
Mr. Lebovic addressed Council by indicating that he has conducted business
within the Town of Aurora for over 30 years and has been in business for over 50
years. Mr. Lebovic advised that 75% of his income goes to charity and that he
has already spent $750,000 for consultants for this project. Mr. Lebovic
guaranteed that, whatever conditions are attached to this subdivision agreement,
no person shall suffer due to this project.
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the comments of Mr. McQuaid and Mr. Lebovic be received and
referred to item 17.
CARRIED
(b) Ms Debbe Day Crandall, Executive Director
STORM Coalition (Save the Oak Ridges Moraine)
Re: Item 17 – Westhill Redevelopment Company Limited
Ms Debbe Day Crandall addressed Council to request the application not be
approved, due to various reasons. Ms Crandall indicated that there are many
transition files on the Oak Ridges Moraine which, due to timing are exempt from
the Oak Ridges Moraine Conservation Plan policies. Ms Crandall also raised
issues surrounding private water and sewage servicing, the proximity of the
proposed development to an old landfill site, and insufficient information
pertaining to hydrogeological conditions and possible impacts from development
on wetlands on or off the site.
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT the comments of the delegate be received and referred to item 17.
CARRIED
(c) Mr. Josh Kohler, Earthroots
Re: Item 17 – Westhill Redevelopment Company Limited
Mr. Josh Kohler addressed Council in opposition of the proposed development,
citing issues pertaining to water supply, protection of the Oak Ridges Moraine,
and the cumulative impact on the Oak Ridges Moraine if developments are
continually approved.
Moved by Councillor Granger Seconded by Councillor Gaertner
THAT the comments of the delegate be received and referred to item 17.
CARRIED
Council Meeting No. 08-06 Page 8 of 13
Tuesday, March 4, 2008
(d) Mr. Hugh Wilkins, Ecojustice Canada
Re: Item 17 – Westhill Redevelopment Company Limited
Mr. Hugh Wilkins addressed Council to request that a precautionary approach be
taken and therefore, that the application by Westhill not be approved. Mr. Wilkins
also suggested the need for a joint panel hearing of the appeal of this matter to
be heard by members of the Ontario Municipal Board and the Environmental
Review Tribunal.
Moved by Councillor Granger Seconded by Councillor Gaertner
THAT the comments of the delegate be received and referred to item 17.
CARRIED
(e) Mr. Rodney Northey, Birchall Northey
Re: Item 17 – Westhill Redevelopment Company Limited
Mr. Rodney Northey addressed Council to review questions and answers which
have been raised regarding the availability of surface water for the proposed golf
course, the level of groundwater taking, possible contamination of groundwater,
and various other water-related issues.
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the Procedural By-law be waived in order to allow Mr. Northey to
provide an overview of his presentation package.
CARRIED
Mr. Northey provided an overview of his presentation by addressing the following
questions:
1. Does the development protect all sensitive water and ecological features?
2. Does the development design comply with the Municipal Class EA?
3. Is it in the public interest to have a consolidated hearing on all approvals?
Mr. Northey summarized that his clients are opposed to the development and
requested that Council recognize the importance of taking all necessary actions
for a consolidated hearing by a joint board.
Moved by Councillor Buck Seconded by Councillor Collins-Mrakas
THAT the comments of the delegate be received and referred to item 17.
CARRIED
Moved by Councillor Buck Seconded by Councillor McRoberts
THAT the Procedural By-law be waived in order to allow Mr. McQuaid to
address Council for a second time.
DEFEATED
Moved by Councillor Buck Seconded by Councillor Gaertner
THAT item 17 be brought forward for discussion.
CARRIED
Council Meeting No. 08-06 Page 9 of 13
Tuesday, March 4, 2008
17. PL08-014 – Official Plan Amendment, Zoning By-law Amendment
and Proposed Plan of Condominium Applications
Westhill Redevelopment Company Limited
Part Lot 12, Conc. EYS and Part Lots 11 and 12
Conc. 3, EYS
Files D09-04-00, D14-12-00 and D07-03-00A
OMB Case File PL030997
OMB File No. O030373, Z030149 and S030085
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT Council deny the application, due to the reasons outlined in the
January 23, 2008 Public Planning meeting resolution.
On a recorded vote the resolution was CARRIED.
YEAS: 7 NAYS: 1
VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern,
Marsh, McRoberts and Mayor Morris
VOTING NAYS: Councillor Buck
Councillor Wilson was absent.
Moved by Councillor Marsh Seconded by Councillor MacEachern
THAT Council recess into a Closed Session to obtain legal advice.
CARRIED
Council recessed at 9:15 p.m.
Council reconvened at 9:25 p.m.
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the Town of Aurora take all necessary steps and actions to support
Mr. Rodney Northey’s proposal to apply for a Joint Board Hearing.
On a recorded vote the resolution was CARRIED.
YEAS: 7 NAYS: 1
VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern,
Marsh, McRoberts and Mayor Morris
VOTING NAYS: Councillor Buck
Councillor Wilson was absent.
(f) Mr. Thomas and Ms Julie Mueller
Re: Item 4 – TSAC08-01 – Traffic Safety Advisory Committee Minutes
February 13, 2008
The delegates were not in attendance.
Council Meeting No. 08-06 Page 10 of 13
Tuesday, March 4, 2008
4. TSAC08-01 – Traffic Safety Advisory Committee Meeting
Wednesday, February 13, 2008
Moved by Councillor Marsh Seconded by Councillor Granger
THAT the Traffic Safety Advisory Committee Meeting minutes from the
February 13, 2008 meeting be received and the recommendations
contained therein be adopted.
CARRIED
(g) Ms Sher St. Kitts
Re: Item 31 – LSAC08-02 – Leisure Services Advisory Committee
Meeting Minutes – February 21, 2008
Ms Sher St. Kitts addressed Council to present a proposed budget for the
Canada Day Parade. Ms St. Kitts also requested that the minutes of the
Leisure Services Advisory Committee meeting on February 21, 2008 be
ratified, in order for the Canada Day Parade Sub-Committee to be able to
move forward. Ms St. Kitts requested a meeting with the appropriate
individuals in order to understand the marketing process required.
Moved by Councillor Granger Seconded by Councillor McRoberts
THAT the comments of the delegate be received and referred to item 32.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT items 31 and 32 be brought forward.
CARRIED
31. LSAC08-02 – Leisure Services Advisory Committee Meeting Minutes
February 21, 2008
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT the Leisure Services Advisory Committee Meeting minutes from the
February 21, 2008 meeting be received and the recommendations
contained therein be adopted.
CARRIED
32. Canada Day Parade Expense Breakdown for 2006
Moved by Councillor MacEachern Seconded by Councillor Buck
THAT the proposed budget, presented by Ms Sher St. Kitts, be referred to
the March 24, 2008 budget meeting.
CARRIED
Council Meeting No. 08-06 Page 11 of 13
Tuesday, March 4, 2008
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
6. Monthly Report from the Economic Development Officer
Moved by Councillor Gaertner Seconded by Councillor Collins-Mrakas
THAT the monthly report from the Economic Development Officer be
received for information.
CARRIED
7. Memorandum from the By-law Services Co-ordinator
Re: Re-location of the Aurora Farmers’ Market
Moved by Councillor Collins-Mrakas Seconded by Councillor Granger
THAT the memorandum regarding the re-location of the Aurora Farmers’
Market be received; and
THAT the proposed relocation of the Aurora Farmers’ Market from the
Temperance Street parking lot to the Town Park be supported; and
THAT Council supports the continuation of the services in-kind support of
the Aurora Farmers’ Market to allow Town staff to assist in the 2008
Aurora Farmers’ Market; and
THAT the proposed by-law be adopted.
On a recorded vote the resolution was CARRIED.
YEAS: 7 NAYS: 1
VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern,
Marsh, McRoberts and Mayor Morris
VOTING NAYS: Councillor Buck
Councillor Wilson was absent.
11. Correspondence from the Town of Newmarket
Re: Poverty Action for Change Coalition Friendly Neighbourhood
Youth Road-Hockey Challenge Fundraiser – March 14 and 15,
2008
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT Council receive the correspondence regarding the Poverty Action
for Change Coalition Friendly Neighbourhood Youth Road-Hockey
Challenge Fundraiser for information.
CARRIED
Council Meeting No. 08-06 Page 12 of 13
Tuesday, March 4, 2008
12. Correspondence from the Canadian Diabetes Association -
York Business Operation
Re: Clothesline Program
Moved by Councillor MacEachern Seconded by Councillor Marsh
THAT the matter be referred to staff to determine whether the Town of
Aurora has a suitable location for a drop-off.
CARRIED
15. Resolution from the City of Vaughan
Re: Tax-Free Municipal Bonds
Moved by Councillor Marsh Seconded by Councillor Granger
THAT the resolution from the City of Vaughan regarding tax-free municipal
bonds be referred to the Director of Financial Services for review and
comment back to Council.
CARRIED
16. Notice of Motion from Councillor Buck
Re: Presentations at Council Meetings
Moved by Councillor Buck Seconded by Councillor Collins-Mrakas
THAT the Notice of Motion regarding presentations at Council meetings be
deferred to the next Council meeting.
CARRIED
Moved by Councillor Buck Seconded by Councillor McRoberts
THAT a Closed Session Special General Committee meeting regarding a
property matter be scheduled on Thursday, March 6, 2008 at 5:30 p.m.
CARRIED
XI REGIONAL REPORT
Mayor Morris provided a summary from a workshop regarding the planned
phase-out of the GTA Pooling, as follows:
Base tax rate increase - 4.5%
Growth - 1.4%
Net budget - 5.9% increase at regional level
Assessment – less 2.8%
Increase before enhancements - 3.1%
Enhancements - $19.4 million
GTA Pooling – less 2%
Increase - 4%
XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
None
Council Meeting No. 08-06 Page 13 of 13
Tuesday, March 4, 2008
XIII READING OF BY-LAWS
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
5009-08.P BEING A BY-LAW to
provide for establishing,
maintaining, operating and
regulating the Aurora
Farmers’ Market
5008-08.C BEING A BY-LAW to
confirm actions by Council
resulting from meeting 08-
06 on March 4, 2008
.
CARRIED
XV ADJOURNMENT
Moved by Councillor Buck
THAT the meeting be adjourned at 10:10 p.m.
CARRIED
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK