MINUTES - General Committee - 20091201
TOWN OF AURORA
GENERAL COMMITTEE MEETING MINUTES
NO. 09-33
Council Chambers
Aurora Town Hall
Tuesday, December 1, 2009
ATTENDANCE
COMMITTEE MEMBERS Councillor Gallo in the Chair; Councillors Gaertner,
Granger, MacEachern, McRoberts, Wilson and Mayor
Morris
MEMBERS ABSENT Councillors Buck and Collins-Mrakas
OTHER ATTENDEES Chief Administrative Officer, Director of Customer and
Legislative Services/Town Clerk, Town Solicitor,
Director of Building and By-law Services, Director of
Parks and Recreation Services, Director of Planning
and Development Services, Director of Corporate and
Financial Services/Treasurer, Municipal Engineer and
Council/Committee Secretary
Councillor Gallo called the meeting to order at 7:10 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
General Committee recommends:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved as presented.
CARRIED
General Committee recommends:
THAT the General Committee waive procedure in order to allow an
additional delegation request regarding item 2, which was not provided in
advance of the meeting, to be heard at this meeting.
CARRIED
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 2 of 9
III ADOPTION OF PREVIOUS MINUTES
Special General Committee Meeting Minutes
Saturday, November 7, 2009
Special General Committee Meeting Minutes
Monday, November 16, 2009
Special General Committee Meeting Minutes – Audit Committee
Tuesday, November 17, 2009
General Committee Meeting Minutes
Tuesday, November 17, 2009
General Committee recommends:
THAT the minutes of the Special General Committee Meeting of
November 7, 2009, the Special General Committee Meeting of November
16, 2009, the Special General Committee Meeting of November 17, 2009
and the General Committee Meeting of November 17, 2009 be adopted.
CARRIED
IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 2, 3, 4, 5, 7, 8, 9 and 11 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:
1. PL09-082 – Vacant Employment Land Inventory - 2009
THAT report PL09-082 be received for information; and
THAT the Vacant Employment Land Inventory be updated annually and
that consideration be given to adding vacant industrial buildings/units to
future inventories.
6. CS09-018 – Municipal Freedom of Information and Protection of Privacy Act
THAT Council receive report CS09-018 for information.
10. FS09-054 – Award of Tender CFS 2009-89 – Supply and Delivery of
CISCO Switches and Maintenance
THAT Council award Tender CFS 2009-89 for the supply and delivery of
CISCO Switches and associated maintenance to the lowest bidder, OnX
Enterprise Solutions Ltd., in the amount of $94,688.68 excluding GST.
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 3 of 9
12. LS09-050 – Trails Master Plan
THAT Council approve the third party partnership with the Leisure
Services Advisory Committee and Trails Sub-Committee for services in-
kind valued at $12,000.00; and
THAT Council approve the Town’s share of $12,000.00 in funding for the
development of the Trails Master Plan (capital project # 73124) to be
funded in 2009 from Development Charges ($10,800.00) and Cash-in-Lieu
of Parkland ($1,200.00).
13. LS09-051 – Trees Ontario Heritage Tree Designation
THAT Council approve the request to designate the Red Oak Tree at the
Church Street School Cultural Centre (CSSCC) under the Trees Ontario;
and
THAT Council authorize staff to execute the Trees Ontario Heritage Tree
Designation application form.
CARRIED
VI DELEGATIONS
(a) Mr. Phil Brennan, Senior Manager, Lake Simcoe Project
Ministry of the Environment
Re: Lake Simcoe Protection Plan
Mr. Phil Brennan provided General Committee with an overview of the Lake
Simcoe Protection Plan and the various policies and plans which are being
developed within the next year to undertake the task of cleaning and restoring
Lake Simcoe and its shorelines back to a natural state of health. Mr. Brennan
advised that there are two committees being developed in order to coordinate the
project and also to manage and monitor the scientific findings and various
initiatives to facilitate the restoration of Lake Simcoe. Mr. Brennan advised that
the success of this project relies on support from partnerships with many private
and government industries, groups and corporations who assist with funding and
in other ways. Mr. Brennan advised that more information and opportunities for
feedback will be presented to Council in January of 2010.
General Committee recommends:
THAT the comments of the delegate be received for information.
CARRIED UNANIMOUSLY
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 4 of 9
(b) Mr. Paul DeMelo from the Daniels Group
Re: Item 2 - PL09-085 - Applications for Draft Plan of Subdivision
Amendment to the Zoning By-law and Site Plan Approval
Daniels LR Corporation, 15933 Bayview Avenue
Mr. Paul DeMelo addressed General Committee, on behalf of the Daniels Group,
to express concern regarding clause 104 within the Town of Aurora’s conditions
for approval of subdivision for the condominium development proposed to be
constructed at the north-east corner of Bayview Avenue and St. John’s Sideroad.
Mr. DeMelo advised that the applicant fully supports the recommendations and
conditions of subdivision approval proposed by the Town, with the exception of
condition 104. Mr. DeMelo explained that condition 104, which was imposed by
Enbridge Gas Distribution Inc., requires that a further noise study be conducted
following the final completion of construction, and that further mitigation
measures and possible reconstruction may have to be done at the expense of
the Daniels Corporation if the final noise study results deem this to be necessary.
Mr. DeMelo requested that Council remove clause 104 from the conditions for
approval of subdivision.
Mr. Remo Agostino, Senior Project Manager with the Daniels Corporation,
addressed General Committee to provide additional information and to address
previously raised concerns with regard to the limited size of garages, measuring
2.75m x 6m in 41 of the townhouse units within the proposed development. Mr.
Agostino advised that an average midsized car can fit into these garages
allowing the driver to exit the car without difficulty. Mr. Agostino illustrated where
the guest parking and residential parking spaces are to be located within the draft
plan of subdivision.
General Committee recommends:
THAT the comments of the delegates be received for information.
CARRIED UNANIMOUSLY
(c) Mr. John Mascarin, Representing Enbridge Gas
Re: Item 2 - PL09-085 - Applications for Draft Plan of Subdivision
Amendment to the Zoning By-law
and Site Plan Approval
Daniels LR Corporation
15933 Bayview Avenue
Mr. John Mascarin addressed General Committee, on behalf of Enbridge Gas
Distribution Inc., owner of the gas pressure reduction station located at the north-
east corner of the proposed development. Mr. Mascarin provided an explanation
for the inclusion of clause 104 within the Town of Aurora’s conditions for
approval, advising that the gas pressure reduction station is identified as a known
stationary noise source. Mr. Mascarin advised that The Ministry of Environment
has a Noise Assessment Criteria in its Land Use Planning Guidelines which
requires that any developer who is building near a stationary noise source is
obligated to mitigate the noise coming from that noise source or ensure that the
noise source is not impacting the development which is being constructed. Mr.
Mascarin concluded by requesting that clause 104 remain in the conditions for
approval of subdivision as originally worded.
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 5 of 9
General Committee recommends:
THAT the comments of the delegates be received for information.
CARRIED UNANIMOUSLY
General Committee recommends:
THAT item 2 be brought forward for discussion.
CARRIED
2. PL09-085 – Applications for Draft Plan of Subdivision
Amendment to the Zoning By-law and Site Plan Approval
Daniels LR Corporation
15933 Bayview Avenue
Part of Lot 25, Concession 2, E.Y.S.
Files D14-17-06, D12-03-06 and D11-09-09
General Committee recommends:
THAT item 2 be referred back to staff.
DEFEATED
General Committee recommends:
THAT Draft Plan of Subdivision D12-03-06 be approved for the creation of
a residential condominium block for 134 stacked and street townhouse
units; 20 semi-detached units; a commercial block; and, the completion of
Lewis Honey Drive, by the Town of Aurora subject to Conditions of
Approval attached as Appendix “A" being fulfilled prior to final approval;
and
THAT Council authorize the Mayor and Clerk to execute a “No Pre-Sales”
Agreement between the Town and the Owner; and
THAT Council authorize the Mayor and Clerk to execute a Subdivision
Agreement between the Town and the Owner; and
THAT a total of 154 units of sewage and water capacity be allocated to the
Daniels LR Corporation draft plan of subdivision lands from the Town’s
conditional allocation for 2011; and
THAT Council enact implementing Zoning By-law 5184-09; and
THAT, subject to any issues or comments raised by Council, Site Plan
Application D11-09-09 be approved to permit the development of the
residential condominium block for 134 street and stacked townhouse
units; and
THAT Council authorize the Mayor and Clerk to execute a Site Plan
Agreement between the Town and the Owner to facilitate the development
of the residential condominium block, subject to the submission of a
more detailed site plan prior to Council.
CARRIED
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 6 of 9
VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE
There were no presentations from committee representatives provided at this
meeting.
VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
General Committee recommends:
THAT item 11 be brought forward for discussion.
CARRIED
11. IES09-064 – Completion of Sidewalk on Nisbet Drive
General Committee recommends:
THAT item 11 - IES09-064 – Completion of Sidewalk on Nisbet Drive,
be deferred to the December 8, 2009 Council meeting.
CARRIED
3. PL09-090 – Application for Exemption from Part Lot Control
Country Wide Homes at Aurora Inc.
Lots 4, 55 & 66, Plan 65M-4079
File D12-PLC-08-09
Related File D12-00-1A
General Committee recommends:
THAT Council approve the Application for exemption from Part Lot Control
submitted by Country Wide Homes at Aurora Inc. to divide Lots 4, 55 and
66 on Plan 65M-4079 into six (6) separate lots; and
THAT Council enact By-law 5191-09.
CARRIED UNANIMOUSLY
4. HAC09-09 – Heritage Advisory Committee Meeting Minutes
November 9, 2009
General Committee recommends:
THAT the Heritage Advisory Committee Meeting minutes from the
November 9, 2009 meeting be received and the recommendations
contained therein be approved.
CARRIED UNANIMOUSLY
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 7 of 9
5. YWCS09-03 – Yonge Wellington Corridor Study Steering Committee
June 16, 2009
General Committee recommends:
THAT the Yonge Wellington Corridor Study Steering Committee Meeting
minutes from the June 16, 2009 meeting be received and the
recommendations contained therein be approved.
CARRIED
7. FS09-045 – 2009 Surplus/Deficit Control
General Committee recommends:
THAT a by-law be prepared for adoption to authorize the Treasurer and
the Chief Administrative Officer to make necessary year-end adjustments
and to allocate any 2009 Operating Surplus or fund any 2009 Operating
Deficit in the following order of priority:
i. Any unspent funds allocated in the 2009 Budget for suggested
expenditures be returned to the respective original reserve and reserve
fund sources: WSIB Reserve, Arts and Cultural Reserve, Aurora Hydro
Sale Investment Fund, Parks Dev. & Fac. DC, Storm Sewers Reserve,
Landscape Fee Reserve, Engineering Fees, Building Department Fees,
and the Heron Annuity for IES & Parks.
ii. That any net Building Permit revenue surplus/deficit be allocated
to/funded from the Building Department Fees Reserve Fund;
iii. Up to a maximum of the first $75,000 of any remaining surplus be
retained for 2010 Budget funding, subject to Council’s 2010 budget
deliberations;
iv. Up to a maximum of $265,000 be allocated to a new Tax Rate
Stabilization Reserve to assist with stabilizing tax rates in future years
which may experience fluctuations due to significant changes in service
levels or municipal costs, or changes in expected revenues;
v. That the remainder of any surplus may be allocated to budget carry-
forward items, being Council approved projects or initiatives funded in
the Operating Fund in the subject year, but not started by year end, as
approved by the Treasurer;
vi. That the remainder of any surplus be allocated to the Municipal Capital
Reserve;
THAT a by-law be prepared for adoption to authorize the Treasurer and
the Chief Administrative Officer to allocate any 2009 Operating Surplus for
the Water and Wastewater Fund to the Water and Sewer Capital Reserve
Fund and that any operating deficit in the Water and Wastewater Fund be
carried into 2010 budget and recovered through user rates set for 2010;
and
THAT the Treasurer and Chief Administrative Officer report to Council
through General Committee after the year end surplus/deficit control
adjustments and allocations have been performed.
CARRIED UNANIMOUSLY
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 8 of 9
8. FS09-050 – Cancellation, Reduction or Refund of Property Taxes
under Section 357 and 358 of the Municipal Act
General Committee recommends:
THAT a meeting, in accordance with Section 357 and 358 of the Municipal
Act, 2001, be held in respect of the application made by the Treasurer and
the owners listed in this report at which applicants may make
representations to Council; and
THAT property taxes in the amount of $45,870.56 be adjusted pursuant to
Section 357 of the Municipal Act, 2001; and
THAT property taxes in the amount of $2,782.87 be adjusted pursuant to
Section 358 of the Municipal Act, 2001; and
THAT the associated interest, if applicable, be cancelled in proportion to
the Property Taxes adjusted; and
THAT the Director of Corporate & Financial Services/Treasurer be
directed to remove said property taxes from the Collector’s Roll to reflect
these Property Tax Adjustments.
CARRIED
9. FS09-052 – 2010 Interim Tax Levy
General Committee recommends:
THAT By-law 5192-09, to authorize the levying of interim tax amounts of
all rateable properties and to establish instalment due dates, be adopted.
CARRIED
IX NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Councillor Gaertner suggested that delegations which would be considered
informative and of interest to the public should be presented at Council meetings
rather than General Committee.
Councillor MacEachern withdrew her previous Notice of Motion from the
November 24, 2009 Council meeting, with respect to a railway crossing at
Cousins Drive, because the matter has since been addressed.
Councillor MacEachern gave Notice of Motion with respect to a request for the
provision of recorded votes.
General Committee Meeting Minutes
Tuesday, December 1, 2009
Page 9 of 9
X CLOSED SESSION
General Committee recommends:
THAT General Committee resolve into a Closed Session, following
adjournment, to consider:
litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
and
personal matters about an identifiable individual, including
municipal or local board employees
CARRIED
XI ADJOURNMENT
General Committee recommends:
THAT the meeting be adjourned at 10:30 p.m.
CARRIED
THE REPORT OF THE GENERAL COMMITTEE MEETING 09-33 WAS CONSIDERED
AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, DECEMBER 8,
2009, WITH THE EXCEPTION OF ITEM 5, WHICH WAS DISCUSSED AND ADOPTED
AS AMENDED.
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK