MINUTES - General Committee - 20060620
TOWN OF AURORA
GENERAL COMMITTEE MEETING
REPORT
NO. 06-12
Council Chambers
Aurora Town Hall
Tuesday, June 20, 2006
ATTENDANCE
COMMITTEE MEMBERS Councillor Gaertner in the Chair; Mayor Jones,
Councillors Buck, Hogg, Kean, Morris, Vrancic,
Wallace and West.
MEMBERS ABSENT None
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, Director of Financial Services/
Treasurer, Town Solicitor, and Council/Committee
Secretary.
Councillor Gaertner called the meeting to order at 7:00 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor Kean declared an interest in Item 5 regarding Replica and Imitation
Fire Arms, by virtue of his employer’s affiliation with the sale of toy guns, 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 Wallace declared an interest in Item 6 regarding Newspaper Boxes, by
virtue of his business potentially using the services of newspaper distribution boxes
mentioned in the report, 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
General Committee recommends:
THAT the content of the Agenda as circulated by the Corporate Services
Department, with the following additional items, be approved:
ADDED DELEGATION b) Ms Karyn McGibbon
Re: Request for Support for Participation in the World Dance
Championships
ADDED DELEGATION c) Mr. Ronald K. Webb, LLP
Re: ITEM 9 - PL06-077 – Release for Registration
Elderberry Hill, Schickedanz Bros. Ltd.
13990 and 14028 Yonge Street
D12-01-3A
General Committee Report No. 06-12 Page 2 of 13
Tuesday, June 20, 2006
ADDED DELEGATION d) Mr. Harry Froussios
Re: ITEM 11 - Applications to Amend the Zoning By-law and for
Site Plan Approval
The Merkur Group, 14800 Yonge Street
Pt Lot 77, Concession 1 W.Y.S.
Files D14-04-06 & D11-12-05
ADDITIONAL MATERIAL
Correspondence from Mr. Eric McCartney
Re: ITEM 4 - LS06-023 – Alternative Uses of the Former
Hydro Building at 215 Industrial Parkway South
CARRIED
III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17 and 21 were identified for
discussion.
IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
General Committee recommends:
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:
7. PW06-031 – Tender Award No. PW2006-01 - Reconstruction of
Stormwater Management Facilities NW-1 & NC-2
1. THAT Tender PW2006-01 - Reconstruction of Stormwater
Management Facilities NW -1 & NC-2, be awarded to S & F Excavating
Limited at its tendered price of $402,685.50; and
2. THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and S & F
Excavating Limited for the reconstruction of Stormwater Management
Facilities NW -1 & NC-2; and
3. THAT Council acknowledge the assistance of the Lake Simcoe Region
Conservation Authority in the undertaking of this project; and
4. THAT, with regard to the potential future upgrades of other stormwater
management facilities in the Town of Aurora, Council authorize staff:
• to issue a Request for Proposal for the Class Environmental
Assessment and Detail Design for the retrofit of two stormwater
management facilities, one located immediately south of Wellington
Street East, adjacent to Ab Cox auto dealership, (facility C-1) and
the other located immediately east McCartney of Bathurst Street,
north of McClellan Way (facility SW -2);
• to expend funds in the amount of $100,000 from the Storm Sewer
Reserve for the environmental assessment and design work for the
upgrades of facilities C-1 and SW -2 with such funds to be provided
as described in Report PW06-031;
• to contact the Lake Simcoe Region Conservation Authority
regarding possible financial assistance for these projects;
• to report to Council with the results of the Class Environmental
Assessment and Detail Design.
General Committee Report No. 06-12 Page 3 of 13
Tuesday, June 20, 2006
15. PL06-082 – Proposed Official Plan Updates pertaining to
Industrial/Commercial designations and Economic
Development File Number D09-03-06
THAT report PL06-082 be received as information; and
THAT staff finalize the Official Plan Updates and bring the completed
Official Plan Amendment document to Council on July 11, 2006 for their
review and on August 15, 2006 for adoption.
18. PL06-080 – Servicing Allocation Matrix
THAT the attached Matrix for the Allocation of Servicing Capacity,
Appendix 1, be adopted by Council to be used to determine applications
that may be considered for allocation.
19. PW06-030 – Region 10-Year Roads Capital Program – Criteria for
Prioritizing Projects
THAT Report PW2006-30, “Region 10-Year Roads Capital Program –
Criteria for Prioritizing Projects”, be received for information; and
THAT the Region of York be advised that the Town of Aurora is in favour
of the revised Priority Setting Model Criteria as detailed in the April 5,
2006 Report from the Commissioner of Transportation and Works to the
Regional Transportation and Works Committee.
20. PW06-033 – Anti train Whistle Update
1. THAT Transport Canada be encouraged to expedite their review of the
use of wayside horns at level crossings; and
2. THAT the Regional Municipality of York be encouraged to review the
matter of elimination of train whistles at level crossings under their
purview within the Town of Aurora as soon as possible, following the
decision by Transport Canada as described in Recommendation No. 1.
22. PL06-083 – Planning Applications Status List
THAT Report FS06-019 on Annual Debt Repayment Limit be received.
CARRIED
V DELEGATIONS
(a) Mr. Geoffery Dawe, Aurora Public Library Board
Re: Item 3 - LS06-024 – Determination of Use for Library Square Facilities
Mr. Geoffery Dawe, Chair of the Aurora Library Board, addressed the
Committee to express appreciation and support on behalf of the Library
Board, for the work that staff have put into the report before the Committee,
and he encouraged the Committee to recommend that Council adopt option 3
in the Library Square Report Summary which proposes the demolition of the
former library and the former seniors’ centre buildings to create 67 parking
spaces.
General Committee recommends:
THAT the comments of the delegate be received and referred to Item 3.
CARRIED
General Committee Report No. 06-12 Page 4 of 13
Tuesday, June 20, 2006
(b) Ms Karyn McGibbon
Re: Request for Support for Participation in the World Dance
Championships
Ms McGibbon and members of the Aurora Junior Tap Dancing Team
appeared before the Committee to advise of their participation in the World
Dance Championships which will be taking place in Riesa, Germany, this
November. Ms McGibbon advised of the tremendous amount of work and
cost involved in preparing for this trip and she requested that the Town
consider providing support for the team in any way possible to help them
represent Canada and Aurora with pride. Ms McGibbon concluded by
advising that if any members of the public would be willing to sponsor the
dancers, they may contact them and obtain more information from their
website: aurorataps4canada@hotmail.com .
General Committee recommends:
THAT the comments of the delegate be received and referred to the
Director of Leisure Services to review whether the request qualifies for a
grant.
CARRIED
(c) Mr. Ronald K. Webb, LLP
Re: Item 9 - PL06-077 – Release for Registration
Elderberry Hill, Schickedanz Bros. Ltd.
13990 and 14028 Yonge Street
D12-01-3A
Mr. Ronald Webb addressed the Committee on behalf of the applicant,
expressing their support for report PL06-077 and requested that the
Committee recommend that Council approve the recommendations as
presented in the report.
General Committee recommends:
THAT the comments of the delegate be received and referred to Item 9.
CARRIED
(d) Mr. Harry Froussios
Re: Item 11 - Applications to Amend the Zoning By-law and for Site Plan
Approval, The Merkur Group, 14800 Yonge Street
Pt Lot 77, Concession 1 W.Y.S.
Files D14-04-06 & D11-12-05
Mr. Harry Froussios addressed the Committee on behalf of Merker Holding
and No Frills to advise that the applicants have worked with staff to address
the outstanding issues and updated the Committee with regard to the
measures that have been taken to resolve any concerns. Mr. Froussios
expressed his support for report PL06-084 and requested that the Committee
recommend that Council approve the recommendations as presented in the
report.
General Committee recommends:
THAT the comments of the delegate be received and referred to Item 11.
CARRIED
General Committee Report No. 06-12 Page 5 of 13
Tuesday, June 20, 2006
VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
General Committee recommends:
THAT Item 9 be brought forward for consideration at this time.
CARRIED
9. PL06-077 – Release for Registration
Elderberry Hill
Schickedanz Bros. Ltd.
13990 and 14028 Yonge Street
D12-01-3A
General Committee recommends:
THAT the Mayor and Clerk be authorized to execute a Subdivision
Agreement between The Corporation of the Town of Aurora and
Schickedanz Bros. Limited in accordance with the draft approved
conditions subject to the provision of financial payments and securities as
set out on Schedules "K" and "L" of the Agreement; and
THAT the Mayor and Clerk be authorized to execute all documents
necessary to give effect to same.
CARRIED
General Committee recommends:
THAT Item 3 be brought forward for consideration at this time.
DEFEATED
1. ADM06-005– Amendments to the Town of Aurora By-law 4280-01.C
(as amended), being a By-law to govern the procedure
of the Council of the Town of Aurora and its Committees
and Boards
General Committee Recommends:
1. Adjournment of Meetings
That Section 3.2 and Section 13.2 set out under Order of Business that In-
Camera (closed) sessions be held prior to the adjournment of the meeting.
The practice has developed that if nothing is to be reported out of the In-
Camera session then the meeting is adjourned and the In-Camera
meeting is then held. This practice means that the In-Camera session has
no formal status or record of decisions. It is therefore suggested that the
Order of Business be rigorously followed and that the meeting not adjourn
until after the In-Camera session is completed (whether or not anything is
to be reported out of the In-Camera session).
CARRIED
General Committee Report No. 06-12 Page 6 of 13
Tuesday, June 20, 2006
2. Procedural Orientation
That at the beginning of each term of Council the Town sponsor a formal
seminar for all Councillors and members of the public who may be
members of Council appointed Committees, on the general rules of
meeting procedures and practices to emphasize the value of a
knowledgeable chair in the conduct of meetings in a fair and consistent
manner. Two orientation meetings should be convened, one for
Members of Council and a second for members of committees.
CARRIED as amended
3. Formal Procedures
That it be recommended that all references to meeting procedures within
the By-law as “informal” be removed from the text of the By-law as all
aspects of the procedures to be followed by the Council or any of its
Committees in the governance of its meetings must be formal.
CARRIED
4. Governance
Separate and apart from the recommendations of this report, the Town of
Aurora should seriously consider undertaking a comprehensive
governance study of its Council/Committee structure in 2007, to ensure
that the structure being used is the very best that can be developed to
serve both the short and long term needs of a growing contemporary
municipality and the residents and businesses it serves.
CARRIED as amended
5. Attendance of Staff
A general issue that arose during the review of the By-law was the
mandatory attendance of senior staff (other than the Chief Administrative
Officer and the Clerk) at Council meetings where they have no items on
the agenda to address and where they are not aware of any other
requirements for their presence. This matter is not an issue for the
Procedural By-law but rather a matter of administrative procedure and
practice based predominately on individual meeting requirements. When
deemed appropriate to the circumstances, the Chief Administrative Officer
in consultation with Council, could arrive at some alternative procedures
whereby Members of Council could obtain any information and advice in
advance of each Council Meeting thus eliminating the necessity for some
senior staff members to attend all evening meetings. Please note that the
above suggestion does not cover General Committee Council Meetings
as senior staff members should be in attendance at all General Committee
Council Meetings or at least be available to attend the meeting on a
moments notice. That this practice be implemented on a trial basis for
the balance of the year.
CARRIED as amended
General Committee Report No. 06-12 Page 7 of 13
Tuesday, June 20, 2006
6. Time of General Committee Meetings
It is recommended that General Committee meetings should, after December 1,
2006, commence at 2:00 p.m. in order to allow Staff to be available to assist in
the deliberations of Committee. The General Committee meetings are meant to
be an opportunity for Members of Council to spend time in discussing the items
on the Agenda and depending on the topic there are times when staff members
other than Senior Staff could assist in the deliberations. If the meetings were to
start in the afternoon it would be easier to call the staff member into the meeting
if necessary. The afternoon time would also allow those residents who are not
able to attend evening meetings the opportunity to attend at least the General
Committee meetings.
Further, there are recommendations in this report that would see Advisory
Committee Minutes coming to General Committee before going to Council and
the expectation is that the General Committee meetings could become lengthier
and the earlier start time would ensure that the discussions would not take place
too late into the night. Council would also have the option to defer a particular
matter to a Council meeting or special meeting if there was a concern that the
matter needed to be heard at an evening time. If Council is not comfortable with
the 2:00 p.m. time it is suggested that the start time be 4:30 p.m.
DEFEATED
7. Calling of Meetings
That it is recommended that clause 2.8 be amended to mirror specifically the
wording and provisions of section 239 (1) of the Municipal Act, 2001 with respect
to the wording of the stated exemptions to Open Meetings of Council.
CARRIED
8. Order of Business
(a) The terminology entitled “In-Camera” in the order of business should be
amended to read “Closed Session”
CARRIED
(b) The terminology entitled “Other Business – Councillors” in the order of
business should be amended to read “New Business/General Information –
Councillors and Chief Administrative Officer”.
CARRIED as amended
A new provision should be added to the By-law stating that any new
business and general information considerations that result in a direction to
staff requires a Notice of Motion by a Member of Council. A resolution
shall then be presented at the next Council or Committee to give such
direction effect.
CARRIED as amended
The New Business/General Information – Councillors section shall be
moved near the beginning of the agenda.
CARRIED
General Committee Report No. 06-12 Page 8 of 13
Tuesday, June 20, 2006
(c) Open Forum should become a part of the formal order of business of
Council in that the provision would read “Any ratepayer of the Town of
Aurora is entitled to make a deputation to Council on matters that are not on
the Agenda of Council provided the maximum time allotted is five minutes
for each delegate and the total time of all delegates for this portion of the
Agenda be restricted to twenty minutes.
CARRIED
9. Deputy Mayor – Acting Head of Council
That this section remain intact as written, until the conclusion of the
existing term of Council; and that effective with the term of Council
commencing December 1, 2006, the clause be amended to mirror section
242 of the Municipal Act, 2001 respecting the appointment of a member of
Council “to act in the place of the Head of Council when the Head of
Council is absent or refuses to act or the office is vacant and while so
acting such member has all the powers and duties of the Head of
Council”. Council may wish to consider the option of rather than having the
Councillor with the highest number of votes being the Acting Head of
Council that there be a regular (monthly, bi-monthly, quarterly etc.)
rotation of the role of Acting Head of Council, similar to the way the
General Committee meetings are chaired.
DEFEATED
10. Rules of Order
That Section 4.8 be amended by deleting reference to Robert’s Rules of
Order and be replaced with Bourinot’s Rules of Order. The new wording of
section 4.8 would read “Rules of Order for 4.8 - The provisions of this By-law
shall govern the proceeding of the Council/Committee(s) and except as
provided herein, the rules of Parliamentary Procedure as contained in
Bourinot’s Rules of Order shall be followed.
CARRIED
11. Suspension of Rules
“A request had been made that staff review section 5.13 (b) of the
Procedural By-law for the purposes of determining whether there were any
inconsistencies between this section and the balance of the Procedural
By-law. As a result of this review it is concluded that section should be
removed from the Procedural By-law. In addition, as both section 4.6 and
5.13 speak to Suspension of Procedural Requirements and Suspension of
Rules, it has been determined that for clarity, ease of reference and
application, there need be only one section which speaks to Council’s
suspension of the Procedural By-law. Hence, it is recommended that
section 5.13 dealing with Suspension of Rules be deleted in its entirety
and that section 4.6 be amended to contain therein all the necessary by-
law provisions pertaining to Suspension of Procedural Requirements.
Therefore, a new section 4.6 (b) has been added to reflect that a motion to
suspend the rules of procedure is not debatable or amendable.”
THAT the proposed recommendation not be supported and that staff
report back with a revised amendment to this section to reflect that
the suspension of the procedural by-law shall not apply to any item
for reconsideration.
CARRIED as amended
General Committee Report No. 06-12 Page 9 of 13
Tuesday, June 20, 2006
In response to the aforementioned direction, staff have reviewed the
provisions of sections 4.6 and 5.13 and suggest the following be
implemented as the new section 4.6:
4.6 Suspension of Rules
a) The provisions of this by-law shall be observed in all proceedings of
Council and its Committees, except that the rules and regulations
contained herein may be suspended by a two-thirds majority vote of
the Members present.
b) A motion to suspend the rules of procedure shall not be debatable or
amendable.
c) A motion to suspend the rules of procedure shall not applicable to
section 5.21, Reconsideration.
12. Standing Committees – Audit Committee
That a new clause be inserted into the By-law recognizing that Council
has formally delegated the role and responsibilities of an audit committee
to the General Committee of Council.
CARRIED
13. Section 13.2 – Other Business
That section 13.2 be changed from “Other Business” to read “New
Business/General Information – Councillors and Chief Administrative
Officer.
CARRIED as amended
14. Closed Session
That all terminology throughout the By-law stating “In-Camera” should be
amended to read “Closed Session”.
CARRIED
15. Advisory, Ad Hoc Committees - Chair
That a provision be added to the By-law such that members of the public
who have been appointed by Council to any Advisory, Ad Hoc Committee
of Council may be elected by a member of that Advisory, Ad Hoc
Committee to the position of Chair.
CARRIED
16. Reporting Mechanism for Advisory, Ad Hoc Committees
That the By-law be amended to reflect that all Advisory, Ad Hoc
Committees appointed by Council should report to Council through
General Committee as of December 1, 2006.
CARRIED
General Committee Report No. 06-12 Page 10 of 13
Tuesday, June 20, 2006
17. Review of By-law
That a provision be inserted into the By-law that would require the By-law
to be reviewed within the first six months of the second year of each term
of Council.
CARRIED as amended
18. Review Code of Ethics and Conflict of Interest Policy Statement
That similarly there should be a provision within the By-law that requires
the Council Code of Ethics and Conflict of Interest Policy statement of
Council be reviewed within the first six months of the term of Council
CARRIED as amended
19. Attachments to the By-law
That the following should be appended to the By-law:
I. Schedule A – Audit Committee Terms of Reference
II. Schedule B – Council Code of Ethics
III. Schedule C – Conflict of Interest Policy Statement
CARRIED as amended
20. Procedure for Determination and Consideration of Items Requiring
Separate Discussion
That a provision be placed in the By-law that requires Council to indicate
the reason for requesting an item to be considered for separate discussion
and when the item is reached for separate discussion the CAO or their
designate would be requested to provide comment to Committee or
Council prior to the discussion taking place.
DEFEATED
21. Conduct of Members
That Clause 4.4(a) be amended to read “use offensive words,
inappropriate actions or un-parliamentary language in or against the
Council or against any member of Council, any Staff or member of the
public”.
CARRIED
Councillor Hogg arrived at 8:25 p.m.
22. Improper Conduct
That Clause 4.5(a) be amended to make it clear that improper conduct
includes a member of the public or staff using improper language or
offensive words or actions.
DEFEATED
General Committee Report No. 06-12 Page 11 of 13
Tuesday, June 20, 2006
23. Electronic Distribution of Material
That in this age of electronic technology it would make sense to allow
Councillors to decide whether they wish to receive their materials
electronically or in print form. Clause 2.6 should be amended to allow
Councillors to decide the format of the materials they are to receive.
CARRIED
24. Electronic Recording of Meetings
That Clause 43.1 be amended to say electronic recordings of meetings
rather than just audio as the Council Chambers is now equipped with DVD
recording equipment to allow for visual as well as audio recording.
CARRIED
25. Agenda Preparation
That Clauses 18.3 and 27.3 deal, in part, with the preparation of Agendas
for the meeting of Ad Hoc Committees and Advisory Committees. These
clauses should be amended so that the Agendas are prepared by staff
and reviewed and approved by the Chair being a more accurate
reflection of what does normally happen.
CARRIED as amended
General Committee recommends:
THAT Item 3 be brought forward for consideration at this time.
CARRIED
3. LS06-024 – Determination of Use for Library Square Facilities
General Committee recommends:
THAT Council approve option 3 in the Library Square Report Summary
which proposes the demolition of the former library and the former
Seniors’ Centre buildings to create 67 parking spaces.
DEFEATED
General Committee recommends:
THAT Council approve option 2 in the Library Square Report Summary
which proposes the demolition of the former Seniors’ Centre building to
create 15 parking spaces; and
THAT staff investigate the potential of connecting the parking in this
location with the private parking lot abutting to the west, and report back
with the pros and cons of pursuing this action; and
THAT staff be requested to provide a detailed map of the existing
available parking spaces in the entire Library Square area; and
General Committee Report No. 06-12 Page 12 of 13
Tuesday, June 20, 2006
THAT staff provide the approximate value of the former library and the
former Seniors’ Centre buildings
CARRIED
Councillor West left the meeting at 10:20 p.m.
General Committee recommends:
THAT Item 10 be brought forward for consideration at this time.
CARRIED
10. PL06-079 – Applications to Amend the Zoning By-law
and Application for Site Plan Approval
Chapman Court (Kylemore Homes)
Part of Lot 80, Concession 1, E.Y.S
Files: D14-13-05A & D11-10-05
General Committee recommends:
THAT Council enact implementing Zoning By-law Amendment being By-
law 4813.06.D; and
THAT Report PL06-079 be received as information and that, subject to the
resolution of all outstanding issues and the submission of all fees and
securities, Council authorize the Director of Planning and Development
Services to execute a Site Plan Agreement between the Owner and the
Town of Aurora to permit the construction of 48 residential townhouses.
CARRIED
General Committee recommends:
THAT Item 11 be brought forward for consideration at this time.
CARRIED
11. PL06-084 – Applications to Amend the Zoning By-law and
for Site Plan Approval
The Merkur Group, 14800 Yonge Street
Pt Lot 77, Concession 1 W.Y.S.
Files D14-04-06 & D11-12-05
General Committee recommends:
THAT report PL06-084 be received as information; and
THAT Council enact implementing Zoning By-law Amendment 4814-06.D;
and
THAT subject to the resolution of all outstanding issues and the
submission of all fees and securities, Council authorize the Director of
Planning and Development Services to execute a Site Plan Agreement
between the Owner and the Town of Aurora to permit the 693m2 (7450ft2)
expansion of the grocery store, as well as to conduct other site works.
DEFEATED
General Committee Report No. 06-12 Page 13 of 13
Tuesday, June 20, 2006
General Committee recommends:
THAT the Site Plan be brought back to Council for approval.
DEFEATED
General Committee recommends:
THAT this meeting be extended beyond 10:30 p.m. in order to address the
remaining items on the agenda.
CARRIED
Councillor Buck left the meeting at 10:35 p.m.
General Committee recommends:
THAT a Special General Committee meeting be held on Monday, June 26,
2006 at 7:30 p.m., to address the remaining items on the agenda.
CARRIED
VI ADJOURNMENT
General Committee recommends:
THAT the meeting be adjourned at 10:50 p.m.
CARRIED
THE REPORT OF THE GENERAL COMMITTEE MEETING 06-12 WAS CONSIDERED
AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JUNE 13,
2006, WITH THE EXCEPTION OF ITEM NO. 3 WHICH WAS DISCUSSED AND
ADOPTED AS AMENDED AND ITEM NO. 13 WHICH WAS DEFERRED TO THE
JUNE 20, 2006 SPECIAL GENERAL COMMITTEE MEETING.
_________________________________ ________________________________
T. JONES, MAYOR B. PANIZZA, TOWN CLERK