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MINUTES - General Committee - 20080916. TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 08-30 Council Chambers Aurora Town Hall Tuesday, September 16, 2008 ATTENDANCE COMMITTEE MEMBERS Councillor Gallo in the Chair; Mayor Morris, Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Buck was absent. OTHER ATTENDEES 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 and Council/Committee Secretary Councillor Gallo called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor McRoberts declared an interest with respect to item 13 regarding the Storm Sewer Charge By-law, due to his spouse’s employer being the type of business under consideration, 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 agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  New Delegation (b) – Mr. Bryce Eldridge and Ms Elizabeth Crowe York Catholic District School Board Re: Item 14 – ADM08-012 - Request for Exemption to Pay Cash-in- Lieu of Parkland - St. Maximillian Kolbe Secondary School  New Item 16 – Memorandum from Director of Building Administration Re: Paid Overtime for Building Administration Staff  Additional Material – for Report FS08-038 - Item 10 – Attachment #1  New Closed Session Item – Update on the Director of Corporate Services Recruitment CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 2 of 10 III ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes 08-29, September 2, 2008 General Committee recommends: THAT the General Committee Meeting minutes 08-29 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(2), 2, 3, 4, 5, 6, 9, 13, 14 and 16 were identified for discussion. V 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 General Committee and staff be authorized to take all necessary action required to give effect to same: 7. FS08-028 – 2007 Development Charge Reserve Fund Statement (Annual Report) THAT report FS08-028 - 2007 Development Charge Reserve Fund Statement (Annual Report) be received for information; and THAT the 2008 Development Charge Reserve Fund Statement (Annual Report) be forwarded to the Minister of Municipal Affairs and Housing in accordance with Section 43(3) of the Development Charges Act, 1997. 8. ADM08-011 – 404 Gateway Sign THAT report ADM08-011 regarding the proposed 404 Gateway Sign be received for information; and THAT the project management of this project be transferred from the Economic Development Office to the Leisure Services Department; and THAT Leisure Services Department staff be authorized to retender the project in order to obtain appropriate quotes for the development and installation of the gateway sign on Highway 404. 10. FS08-038 – Cancellation, Reduction or Refund of Property Taxes Under Section 357 and 358 of the Municipal Act THAT the property taxes in the amount of $186,411.95 be adjusted in accordance with Sections 357 and 358 of the Municipal Act, 2001 S.O.2001 c.25, as amended, of which the Town of Aurora’s share totals $43,793.97; and THAT the associated interest, if applicable, be cancelled in proportion to the property taxes adjusted; and THAT the Director of Finance/Treasurer be directed to adjust the Collector’s Roll to reflect these property tax adjustments. General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 3 of 10 11. BA08-006 – Sign By-law Amendment – Whitwell Developments Ltd. THAT report BA08-006 regarding draft sign bylaw amendment 5067-08.P for the SmartCentres development on the north side of Wellington Street East between Leslie Street and Highway 404 be received for information; and THAT Council enact the amending Sign By-law 5067-08.P at the September 23, 2008 Council meeting. 12. Memorandum from the Director of Building Administration Re: Update – LSRCA Staff Report No. 42-08-BOD THAT the memorandum “Update – LSRCA Staff Report No. 42-08-BOD be received as information. 15. FS08-042 – Bill 44, Budget Measures and Interim Appropriations Act, 2008 THAT report FS08-042 - “Bill 44, Budget Measures and Interim Appropriations Act, 2008” be received for information. CARRIED VI DELEGATIONS (b) Mr. Bryce Eldridge and Ms Elizabeth Crowe York Catholic District School Board Re: Item 14 – ADM08 -012 - Request for Exemption to Pay Cash-in- Lieu of Parkland - St. Maximillian Kolbe Secondary School (Added Item) Ms Elizabeth Crowe and Mr. Bryce Eldridge addressed General Committee to request an exemption from the required payment of $413,553.95 for Cash-in-lieu of Parkland pertaining to St. Maximillian Kolbe Secondary School. The delegates indicated that close to 60% of the lands will be useable green space and that this space, as well as the gymnasium, will be available for use by the Town of Aurora and other user groups outside of school hours. Ms Crowe then suggested that, if an exemption is not granted, a committee be established, consisting of representatives from the York Catholic District School Board, Town of Aurora Council and Town of Aurora staff, in order to formalize a relationship pertaining to access of school facilities. Further, Ms Crowe indicated another possibility of donating a portion of the lands to the Town of Aurora. General Committee recommends: THAT the comments of the delegates be received and referred to item 14. CARRIED General Committee recommends: THAT item 14 be brought forward for discussion. CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 4 of 10 14. ADM08-012 – York Catholic District School Board Request for Exemption to pay Cash-in-Lieu of Parkland St. Maximillian Kolbe Secondary School 278 Wellington Street East File D11-18-07 General Committee recommends: THAT the request from York Catholic District School Board for an exemption to pay cash-in-lieu of parkland to the Town in the amount of $413,553.95 as required in accordance with the Site Plan Agreement, respecting the construction of a secondary school be denied; and THAT the York Catholic District School Board be required to pay the prescribed cash-in-lieu of parkland to the Town prior to the issuance of the building permit in accordance with the Town’s By-law 4291-01.F respecting Parkland Dedication/Cash-in-lieu of Parkland Dedication. CARRIED (a) Mr. Jim Zacher, DOVE Executive Committee Re: DOVE 2008 Presentation to Council Mr. Jim Zacher addressed General Committee to thank the Mayor, Members of Council and staff for their support and participation in the 25 hour charity lacrosse game, held on June 13, 2008 at the Aurora Community Centre. Mr. Zacher advised that over $47,000 was raised for the Centre of Abuse Awareness, which has now been adopted as the official charity for DOVE. Mr. Zacher advised that the charity lacrosse initiative is now an annual event, scheduled as a 36 hour game for June 12, 2009. To show DOVE’s appreciation, Mr. Zacher presented the Mayor, Council and staff members who were involved with memorabilia from the event. General Committee recommends: THAT the presentation be received. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None General Committee recommends: THAT items 4 and 5 be brought forward for discussion. CARRIED 4. PL08-084 – Zoning By-law Amendment Application Aurora Wellness House Inc. (Sormeh Spa & Inn) 32 & 34 Wellington Street East and 33 Centre Street File D14-11-08 (Ref: D11-09-06) General Committee recommends: THAT Council receive as information the overview of Zoning By-law Amendment Application D14-11-08 scheduled for a Public Planning Meeting to be held on October 22, 2008. CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 5 of 10 General Committee recommends: THAT the Procedural By-law be waived to allow Mr. Gary Templeton, the applicant for ASL Properties, to speak. CARRIED (c) Mr. Gary Templeton, Templeton Planning Ltd. Re: Item 5 – PL08-086 – Zoning By-law Amendment and Site Plan Application ASL Properties Ltd., Part of Lots 2 and 3 Registered Plan 535, 16 Industrial Parkway South Files D14-14-07 and D11-10-08 Mr. Gary Templeton addressed General Committee to advise that the reports which were originally submitted to the Town with the application are potentially out of date and the reports indicated that the site possibly had solvent residue from a fire which occurred years ago. The site was further investigated by Dr. Bruce Brown, a soils consultant, who reported that no contaminants are on the site which are not within acceptable limits. Mr. Templeton suggested, therefore, that no remediation is necessary and that further testing will be executed during excavation. General Committee recommends: THAT the comments of the delegate be received. CARRIED 5. PL08-086 – Zoning By-law Amendment and Site Plan Application ASL Properties Ltd., Part of Lots 2 and 3 Registered Plan 535, 16 Industrial Parkway South Files D14-14-07 and D11-10-08 General Committee recommends: THAT Implementing Zoning By-law 5066-08.D be enacted to rezone the subject lands from “Restricted Industrial (M1-A) Exception Zone” to “Restricted Industrial (M1-14) Exception Zone” to permit business and professional offices, excluding medical uses as an additional permitted use; and THAT, subject to any issues or comments raised by Council, Site Plan Application D11-10-08 be approved to permit the construction of a two storey office building with an accessory parking structure; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Agreement; and THAT staff bring back to the September 23, 2008 Council meeting, appropriate wording regarding the alternate to the “H” prefix. CARRIED General Committee recommends: THAT item 6 be brought forward for discussion. CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 6 of 10 6. PL08-095 – Application for Site Plan Approval Irwin Industrial Agencies Limited 221 Don Hillock Drive, Lot 11, Plan 65M-3974 File D11-09-08 General Committee recommends: THAT, subject to any issues or comments raised by Council, Site Plan Application D11-09-08 be approved to permit the construction of a 3,512.5m2 (37,804 ft2) office and warehouse; and THAT Council authorize the Mayor and Clerk to execute the site plan agreement. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. AAC08-04 – Accessibility Advisory Committee Meeting Minutes September 3, 2008 General Committee recommends: THAT the Accessibility Advisory Committee Meeting minutes from the September 3, 2008 meeting be received and the recommendations contained therein be approved. CARRIED 2. FS08-037 – 2008 Second Quarter Operating Report (deferred from September 2, 2008 General Committee) General Committee recommends: THAT the budget adjustments as identified in Attachment 2 to Financial Services Report FS08-037 be adopted; and THAT the projected deficit for Legal Services be taken from the Future Legal Reserve Fund; and THAT the projected deficit for Insurance Claims and Insurance Adjuster Fees be taken from the Insurance Reserve Fund. CARRIED General Committee recommends: THAT all departments which are projecting overspending be directed to defer purchases that can be delayed to 2009. CARRIED General Committee recommends: THAT any costs associated with the Sale of the Leslie Street Property be applied to the Sale of Municipal Lands Reserve fund; and THAT a report be provided to Council outlining the costs incurred to date with respect to the Leslie Street property. CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 7 of 10 General Committee recommends: THAT, should all of the above not address the total deficit that we take the balance from the Supplementary Tax Revenue that was to go toward capital projects to be assigned at a later date. CARRIED 3. CS08-034 – Council Pending List General Committee recommends: THAT CS08-034 be received for information purposes. CARRIED General Committee recommends: THAT AD15 (Rev 6) be removed. CARRIED General Committee recommends: THAT AD16 be removed. CARRIED General Committee recommends: THAT B1 be removed. CARRIED General Committee recommends: THAT PL19 be updated. CARRIED General Committee recommends: THAT PL34 be removed. CARRIED General Committee recommends: THAT PL39 be removed if it has been completed. CARRIED 9. FS08-036 – Invoice for Fire Departments Acquisition of Breathing Apparatus General Committee recommends: THAT the invoice from the Town of Newmarket in the amount of $55,872.46 for the Town of Aurora’s share of the Breathing Apparatus be paid; and General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 8 of 10 THAT the funds be taken from the Fire Service Training Obligatory Reserve Fund. CARRIED Councillor McRoberts, having previously declared an interest in item 13, 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. 13. Motion Tabled by Councillor Wilson (Notice given at September 2, 2008 General Committee) General Committee recommends: WHEREAS some Aurora businesses may expand to include more than one unit of a building complex; and WHEREAS such expansion may result in a business assuming the responsibility of more than one water meter, but they only use minimal water from these additional meters; and WHEREAS the Town has a storm sewer charge on all commercial meters of $599.52 per year per meter; and WHEREAS not all water meters on the premises are required to run the business, but are there as a result of the configuration of the building; and WHEREAS the current by-law requires the commercial establishment to pay the storm sewer charge, no matter the volume of water going through the meter; NOW THEREFORE BE IT RESOLVED THAT the existing Storm Sewer Charge By-law be reviewed to allow a commercial establishment that expands the space required to operate its business, resulting in acquiring more than one water meter, to be able to apply for a refund of the additional storm sewer charge; and THAT the Director of Finance produce a report to Council outlining the implications of the recommendation and solutions as to how this may be implemented. CARRIED 16. Memorandum from the Director of Building Re: Paid Overtime for Building Administration Staff (Added Item) General Committee recommends: THAT Council provide an exemption to Administration Policy No. 13 to provide payment of overtime to Building Administration staff for the balance of the year; and THAT a copy of this memo be sent to the local media, with revised wording as follows: “… was advised of the health of identifiable individuals….”. CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 9 of 10 IX NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Collins-Mrakas advised of the first annual 12 hour “Ride Around the Clock” Spin-a-thon, taking place at Timberlane Athletic Club from Friday, September 26, 2008 at 9:00 p.m. until Saturday, September 27, 2008 at 9:00 a.m. in support of Southlake Foundation. Councillor Wilson gave Notice of Motion regarding variance reporting, specifically pertaining to quarterly reporting of operating reports, for third quarter and moving forward. Councillor Wilson asked about the status of an official unveiling of the sign at the newly named Stronach Aurora Recreation Centre to which the Director of Leisure Services responded that the sign has been constructed and it will be installed at the sign company’s earliest convenience, after which a ceremony may be held. Mayor Morris advised that the OPA meeting in the Township of Georgina, scheduled for Wednesday, September 17, 2008 is going forward, although all Mayors have decided not to attend. Mayor Morris advised that the municipalities have forwarded their resolutions to the Mayor of Georgina. Mayor Morris also advised that Trans Canada will field all telephone calls pertaining to any potential site they may be considering. As well, Mayor Morris advised that Bradford/West Gwillimbury has a proponent in their area. Councillor MacEachern requested that the Director of Corporate Services provide an explanation of how to file a complaint pertaining to the Code of Conduct. Mayor Morris advised that Heritage Canada will be presenting the Town of Aurora with an award at a ceremony in Quebec City, which she will be attending and for which she will be requesting reimbursement of expenses. X CLOSED SESSION Property and Legal Matters General Committee recommends: THAT General Committee resolve into a Closed Session to consider: Legal Matter – Stronach Aurora Recreation Centre Payment of Bulkhead Repairs Legal Matter – Stronach Aurora Recreation Centre Delay Claim Support Services Property Matter – Sale of Unopened Road Allowance – Park Street Personal Matter - Update on the Director of Corporate Services Recruitment (Added Item) CARRIED General Committee Report No. 08-30 Tuesday, September 16, 2008 Page 10 of 10 XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 9:50 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-30 WAS CONSIDERED AND APPROVED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, SEPTEMBER 23, 2008, WITH THE EXCEPTION OF ITEMS 5 AND 14 WHICH W ERE DISCUSSED AND APPROVED AS AMENDED. _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK