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MINUTES - General Committee - 20040615 TOWN OF AURORA GENERAL COMMITTEE MEETING REPORT NO. 04-17 Council Chambers Aurora Town Hall Tuesday, June 15, 2004 ATTENDANCE COMMITTEE MEMBERS Councillor Vrancic in the Chair; Mayor Jones, Councillors Buck, Gaertner, Hogg, Morris, Wallace and West. MEMBERS ABSENT Councillor Kean was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Acting Manager of Planning/Environment, Director of Public Works, Treasurer, Acting Town Solicitor, and Council/Committee Secretary. Councillor Vrancic called the meeting to order at 7:00 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 West Seconded by Mayor Jones THAT the content of the agenda as circulated by the Corporate Services Department be approved as presented with the following additional items:  Delegation Request and Letter from Mr. Jeffrey Miller of Maple Leaf Foods Re: Item 2 - PW04-021 - Tannery Creek – Surface Water and Sediment Sampling Results  Correspondence from the Town of Markham Re: Hydro One Transmission Line (Parkway TS to Armitage TS) – Class Environment Assessment Process (13.8) CARRIED III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 5, 9, 10 and 11 were identified for discussion. General Committee Report No. 04-17 Page 2 of 10 Tuesday, June 15, 2004 IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Mayor Jones Seconded by Councillor Morris THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to the Committee and staff be authorized to take all necessary action required to give effect to same: 4. CS04-013 - Group Benefits Program, Benefits Consultant Broker Selection RFP THAT the Town engage the services of PPI Financial Group as the Town’s employee benefits consultant for the provision of advice and guidance on the Town’s employee benefits portfolio effective August 1, 2004 for a period of three (3) years with the option of three additional one (1) year extensions subject to satisfactory performance; and THAT PPI Financial Group be authorized to commence negotiations with the Town’s existing group benefits carrier with the objective of transferring the Town’s existing group benefits coverage on the same terms and conditions as cost effectively as possible utilizing the larger bulk purchasing efforts; and THAT staff notify Buffett Taylor & Associates that the Town of Aurora is appointing PPI Financial Group as the Town’s employee group benefits consultant thereby effectively withdrawing as a participating member of the York Region Umbrella Group effective August 1, 2004. 6. PL04-071 - Official Plan and Zoning By-law Amendment Applications, 2029193 Ontario Inc., Lot 10, Registered Plan 65M-2873, 248 Earl Stewart Drive, Files D09-02-04 and D14-02-04 THAT Council approve By-law No. 4547-04.D, being a By-law to approve Official Plan Amendment No. 54. 7. PL04-067 - Trusthouse 88 Inc., - Part of Lot 76 & Part of Road Allowance between Lots 75 & 76, Con 1 EYS, 520 Industrial Parkway South, Official Plan Amendment and Zoning By-law Amendment Applications, Files D09-03-04 & D14-03-04 THAT report PL04-067 be received and that Official Plan Amendment No. 53 be approved by Council; and THAT By-law 4548-04.D be enacted. 8. ADM04-014 - Acquisition of Land from Ontario Realty Corporation (Hydro One Networks Inc.) for Amberhill Way Turning Circle THAT the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale between the Town of Aurora and Ontario Realty Corporation respecting the acquisition of hydro corridor lands required to complete a turning circle at the east end of Amberhill Way; and THAT By-law 4546-04.L, being a by-law to acquire the subject lands be enacted; and General Committee Report No. 04-17 Page 3 of 10 Tuesday, June 15, 2004 THAT upon finalization of the acquisition, Council authorize the Mayor and Clerk to execute a Permission to Enter in favour of Home Depot Holdings Inc. over the subject lands in order that they can proceed with the reconstruction of the Amberhill Way turning circle pursuant to the Site Plan Agreement dated March 4, 2003 (D11-10-02). 12. PL04-070 - Proposed Regional Official Plan Amendment # 43Centres and Corridors THAT the Region of York be requested to make modifications to proposed Regional Official Plan Amendment # 43: Section 5.5.7. be altered by adding the following: Individual Municipal Secondary Plans will not be required to meet this target depending upon the findings of the Secondary Plan Study and public consultation. This Section is not intended to suggest that the entire Regional Corridor will form part of the density target, only the Key Development Areas as determined by the area municipality. Section 5.5.4 be altered by adding the following as subsection e) areas within historic downtown cores and the residential neighbourhoods abutting them may achieve modest intensification through infill and compatible redevelopment but will not be subject to the 2.5 long-term FSI target; and THAT map 5 be clear in not delineating Yonge Street South as part of the Regional Corridor. CARRIED V DELEGATIONS (a) Aurora Residents Pet Care Association Re: Item 9 - Animal Control Services Ms Carol Mernick, representing the Aurora Residents Pet Care Association, addressed the Committee to express concerns regarding the extension of the Town's animal control contract with Kennel Inn and the standards that are maintained by the facility. Ms Mernick suggested that the Town consider building its own pound or, alternatively, switch services to the Georgina pound. Moved by Councillor West Seconded by Councillor Buck THAT the comments of the delegate be received. CARRIED Councillor Hogg requested that the Town's standard application form for community associations be forwarded to the Aurora Residents Pet Care Association, in order to be properly recognized by the Town as an association. Moved by Councillor West Seconded by Mayor Jones THAT Item 9 - Animal Control Services be brought forward for discussion. CARRIED General Committee Report No. 04-17 Page 4 of 10 Tuesday, June 15, 2004 9. CS04-024 - Animal Control Services Moved by Mayor Jones Seconded by Councillor Buck THAT Council approve a one year contract extension with the Kennel Inn for animal control services for the Town of Aurora at a cost of $105,000; and THAT the Town continue to pursue the option of joint venturing with neighbouring municipalities for a municipally operated animal control service and pound. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor Morris Seconded by Councillor Hogg THAT staff report back by December 31, 2004, addressing the options of joint venturing for a municipally operated animal control service and pound. CARRIED The recommendation was CARRIED AS AMENDED (b) Mr. Jeffrey Miller, Maple Leaf Foods Re: Item 2 - Tannery Creek - Surface Water and Sediment Sampling Results Mr. Jeffrey Miller of Maple Leaf Foods, who are the owners of the Collis Leather site, addressed the Committee to advise that the contamination in Tannery Creek may have originated from many other sources, other than from Collis Leather. Mr. Miller requested that all potential sources be investigated, since Maple Leaf Foods has already engaged in clean-up but contamination from other sources continues to show up. Mr. Miller agreed to provide more detailed information to the Clerk by noon on Friday, June 18, 2004, in order to include this on the agenda for the June 22, 2004 Council meeting. Moved by Councillor West Seconded by Councillor Morris THAT the comments of the delegate be received. CARRIED Moved by Mayor Jones Seconded by Councillor Hogg THAT Item 2 - PW04-021 - Tannery Creek - Surface Water and Sediment Sampling Results be brought forward for discussion. CARRIED 2. PW04-021 - Tannery Creek – Surface Water and Sediment Sampling Results Moved by Councillor West Seconded by Councillor Morris 1. THAT Report No. PW04-021 “Tannery Creek – Surface Water and Sediment Sampling Results” and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled “Tannery Creek – Surface Water and General Committee Report No. 04-17 Page 5 of 10 Tuesday, June 15, 2004 Sediment Sampling Report” be forwarded to the Ministry of the Environment with a request that they exercise their jurisdiction so as to require Maple Leaf Foods Inc. or the current owner or occupant to: • conduct the necessary investigations to fully identify the full scope and extent of the contamination of the soil or groundwater and to prepare, for the approval of the Ministry, a remedial plan, satisfactory to the Ministry, designed to prevent any further off-site migration and to remediate the subject property; and • determine if the sedimentation in the Tannery Creek along those sections identified in Report No. PW04-021 poses a threat to aquatic life through benthic surveys and bioassays; and 2. THAT Report No.PW04-021 “Tannery Creek – Surface Water and Sediment Sampling Results” and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled “Tannery Creek – Surface Water and Sediment Sampling Report” be forwarded to Maple Leaf Foods Inc.; and 3. THAT Report No. PW04-021 “Tannery Creek – Surface Water and Sediment Sampling Results” and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled “Tannery Creek – Surface Water and Sediment Sampling Report” be forwarded to the following agencies for whatever action they feel appropriate and that these agencies be requested to provide guidance to the Town on this matter: • The Region of York Health Department; • The Region of York Transportation and Works Department; • The Lake Simcoe Region Conservation Authority; • Environment Canada; and • Department of Fisheries and Oceans. 4. THAT staff be requested to undertake public information initiatives (including a public information session) to inform property owners abutting Tannery Creek in the general area from Wellington Street West to Aurora Heights Boulevard of the results of the investigation as described in Report No. PW04-021; and 5. THAT staff be requested to continue with stormwater management initiatives that minimize phosphorous discharges and incorporate creek restoration/naturalization in order to improve surface water quality; and 6. THAT staff be requested to continue efforts to isolate other potential sources of contamination in the Town’s watercourses as generally described in Report PW04-021. CARRIED Moved by Councillor Morris Seconded by Councillor Gaertner THAT Megan Janes, Professional Engineer, provide a brief presentation to Council next week regarding the Tannery Creek Surface Water and Sediment Sampling Results. DEFEATED General Committee Report No. 04-17 Page 6 of 10 Tuesday, June 15, 2004 VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. PL04-066 - Update Servicing Constraints and Allocation Issues York Durham Servicing System (YDSS) (Item Deferred from June 8, 2004 Council) Moved by Councillor West Seconded by Mayor Jones THAT Council receive Report No. PL04-066 respecting servicing constraints and allocation issues in the York Durham Sewage System; and THAT Aurora Council indicate its support of the Region of York in their pursuit of the approval permits required to allow the construction of the necessary sewage capacity to allow planned Regional growth; and THAT Mayor Jones be requested to continue to press Regional Council to provide an equitable share of the available servicing capacity to the Town of Aurora; and THAT the Ministers of Environment and Municipal Affairs be advised of the Town’s concerns respecting the infrastructure delays; and THAT Staff be requested to continue to monitor this matter including attending meetings and providing information as required; and THAT staff update Council on this matter as appropriate. CARRIED 3. CS04-025 - Amendments to the Procedural By-law and Correspondence from Mr. George Rust-D'Eye regarding amendments to the Procedural By-law - (Item Deferred from June 8, 2004 Council) Moved by Councillor Morris Seconded by Councillor Hogg Confirmatory By-law 1. THAT By-law 4280-01.C is hereby amended by adding the following section: 3.17 "It shall be the practice of Council to enact a Confirmatory By-law at the end of every Council Meeting." CARRIED Moved by Councillor Gaertner Seconded by Councillor Hogg Appointment of a Chair & Vice Chair 2. THAT By-law 4280-01.C is hereby amended by repealing the wording in Section 27.1 and substituting the following thereto: 27.1 "The Chair and Vice Chair shall be appointed from among members of the committee and shall have such responsibilities and powers as are provided for the Chair in Part 1 of this By-law." CARRIED General Committee Report No. 04-17 Page 7 of 10 Tuesday, June 15, 2004 Moved by Councillor West Seconded by Councillor Hogg Committee Membership 3. THAT By-law 4280-01.C is hereby amended by repealing the wording in Section 17.3 and substituting the following thereto: 17.3 "Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings, including any in- camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote." CARRIED Moved by Councillor Hogg Seconded by Mayor Jones 4. THAT By-law 4280-01.C is hereby amended by repealing the wording in Section 26.2 and substituting the following thereto: 26.2 "Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings, including any in-camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote. This privilege shall not be extended to Statutory Committees or Boards such as the Committee of Adjustment or the Library Board." CARRIED Moved by Councillor Wallace Seconded by Mayor Jones 5. THAT By-law 4280-01.C is hereby amended by adding the following section: 32A - ASSEMBLIES 32A.1 In this By-law, “Assembly” means an informal gathering of members of Council or of a Committee, held in accordance with this Section. 32A.2 An Assembly shall not be deemed to be a meeting of the Council or Committee and shall not be subject to the rules and regulations applicable to meetings, contained in this By-law. 32A.3 The Council may decide, at a meeting open to the public, to convene an informal gathering of its members, or of the members of a Committee, to receive and discuss information or advice of a general nature involving subject matters of interest to the members, at a time and place designated at that time by the Council. 32A.4 The Council, in deciding to convene an Assembly, shall designate the general purpose or purposes for which the Assembly is to be held, and no other matters may be considered by the Assembly. 32A.5 An Assembly may be held at any place designated by the Council at the time at which it makes its decision to convene the Assembly, whether or not within the boundaries of the Town or of any adjacent municipality. General Committee Report No. 04-17 Page 8 of 10 Tuesday, June 15, 2004 32A.6 All members of the Council or Committee respectively are entitled to attend at the Assembly, together with designated staff or consultants retained by the Town, but the Council, in deciding to convene the Assembly, may decide to exclude the public therefrom. 32A.7 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Assembly. 32A.8 The Council or Committee shall, at the commencement of an Assembly, designate a person to make notes describing in general terms each subject matter dealt with at the Assembly. 32A.9 The notes taken pursuant to subsection 32A.8 shall, after the conclusion of the Assembly, be maintained as a public record under the control of the Clerk. CARRIED Moved by Councillor Gaertner Seconded by Councillor Hogg THAT Section 6 of the proposed draft by-law amending by-law 4280-01.C, pertaining to voting, be deferred to the June 22, 2004 Council meeting. CARRIED 5. Memo from Councillor Gaertner Regarding Proposed Terms of Reference for the Environmental Advisory Committee Moved by Councillor Gaertner Seconded by Councillor Morris THAT the proposed Terms of Reference for the Environmental Advisory Committee be adopted. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor West Seconded by Mayor Jones THAT the proposed Terms of Reference for the Environmental Advisory Committee be amended to reduce citizen members from 7 to 5. DEFEATED The original recommendation was CARRIED. 10. LS04-027 - Fundraising for Future Facilities Moved by Councillor West Seconded by Councillor Gaertner THAT Item 10 - LS04-027 - Fundraising for Future Facilities be referred back to staff to review the establishment of 3 sub-committees to co- ordinate fundraising efforts for the seniors, aquatics and ice user groups. CARRIED General Committee Report No. 04-17 Page 9 of 10 Tuesday, June 15, 2004 11. PL04-069 - Ministry of Municipal Affairs and Housing Comments on Modifications to By-law 4469-03.D (Town of Aurora Oak Ridges Moraine Conformity Zoning Amendment) Moved by Councillor West Seconded by Mayor Jones THAT the Ministry of Municipal Affairs be advised that the Council of the Town of Aurora supports the modifications to By-law 4469-03.D as proposed by the Province and shown in underlining within the attached Appendix “2” with the following exceptions: 1. Do not support suggested site plan process to demonstrate conformity with Oak Ridges Moraine Conservation Plan. 2. Do not support additional flexibility within Key Natural Heritage Features. 3. Do not support suggested changes to zoning schedules and creation of new zoning categories for Key Natural Heritage Features, Minimum Vegetation Protection Zones, Linkage Areas and Countryside Areas. However Council does support the addition of the following text to Schedule “A”, “B”, “C”, “D” and “E” for clarification purposes: “By-law 4469.03.D consists of Schedules “A” to “E” inclusive and accordingly each schedule shall be considered in the determination of zoning provisions pertaining to individual properties” THAT Council supports the additional flexibility provisions as shown in CAPITALS within the attached Appendix 2; and THAT staff continue to work with Ministry staff to finalize the details of the modifications and have by-law 4469-03.D approved expeditiously as possible. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor West Seconded by Councillor Buck THAT staff provide options pertaining to permissions for pools, decks, sheds and minor additions within woodlands, for the June 22, 2004 Council meeting. CARRIED The recommendation was CARRIED AS AMENDED Correspondence from the Town of Markham Re: Hydro One Transmission Line (Parkway TS to Armitage TS) – Class Environment Assessment Process (13.8) Moved by Mayor Jones Seconded by Councillor Morris THAT the correspondence from the Town of Markham regarding Hydro One Transmission Line be referred to staff together with the input from the Hydro Information Meeting on June 10, 2004 and the Hydro Public Meeting on June 29, 2004, for a report on July 13, 2004. CARRIED General Committee Report No. 04-17 Page 10 of 10 Tuesday, June 15, 2004 VII OTHER BUSINESS, COUNCILLORS Councillor Hogg requested that the Director of Corporate Services report back to Council regarding a process for community groups to provide information about the group before the groups' representative comes forward as a delegate. Councillor Hogg requested that the Director of Leisure Services report back to Council regarding setting up a policy to address special needs, including legal and insurance information. Mayor Jones advised that Mr. Lee Burton, representing the Aurora Tigers, is attempting to raise money towards championship rings for the players and has requested that Council consider a $500 community grant. Councillor Vrancic requested staff to report back to Council on June 22, 2004. Mayor Jones advised that the first round of larviciding for West Nile Virus will begin on June 17, 2004 at Batson Drive and Moorcrest Drive. Councillor Morris advised that she will be circulating the comments from the Hydro Information Meeting of June 10, 2004 to members of Council. Councillor Vrancic requested that a telephone number be provided to Council members for use in cases where large, dead animals are found on the road after hours. The Director of Public Works will report back with the information. Councillor Vrancic expressed his concerns regarding the sound system in the Council Chambers, advising that it is very difficult to hear comments of delegates as well as other Council members. Councillor Vrancic requested that staff consider making arrangements to ensure that the Town Hall facilities are not rented out on Tuesday evenings between 7:00 p.m. - 9:00 p.m. VIII IN CAMERA Property, Personnel and Legal Matters Moved by Mayor Jones Seconded by Councillor Wallace THAT this Committee proceed In Camera to address property, personnel and legal matters. IX ADJOURNMENT Moved by Councillor Hogg THAT the meeting be adjourned at 10:15 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 04-17 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JUNE 22, 2004, WITH THE EXCEPTION OF ITEM NO. 5, WHICH WAS DISCUSSED AND ADOPTED AS PREVIOUSLY PRESENTED, AND ITEM NO. 2, WHICH WAS DISCUSSED AND APPROVED AS AMENDED. ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK