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MINUTES - General Committee - 20100323 TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 10-06 Council Chambers Aurora Town Hall Tuesday, March 23, 2010 ATTENDANCE COMMITTEE MEMBERS Councillor Collins-Mrakas in the Chair; Councillors Buck, Gaertner, Gallo, Granger MacEachern, McRoberts, Wilson and Mayor Morris MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, Director of Legal Services/Town Solicitor and Manager of Legislative Services/Deputy Clerk Councillor Collins-Mrakas called the meeting to order at 7:03 p.m. I DECLARATIONS OF PECUNIARY INTEREST None II APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following additions:  Delegation b) Ms Susan W almer, on behalf of the Oak Ridges Moraine Land Trust Re: Item 13 - PR10-014 - McLeod Wood Nature Reserve  Delegation c) Ms Christine Sadler, Member of The Friends of the Bloomington Wetlands Re: CLOSED SESSION Westhill Redevelopment Company Limited Ontario Municipal Board Appeal  Delegation d) Ms Deborah Campo, Artist Re: Item 12 – PR10-013 – Peace Flame Tree  New Item 18 – LGL10-002 – Westhill Redevelopment Company Limited Divisional Court Appeal  New Item 19 - Memo from Neil Garbe, Chief Administrative Officer Re: Completion of Nokiidaa Trail CARRIED General Committee Meeting Minutes Tuesday, March 23, 2010 Page 2 of 8 General Committee recommends: THAT the Closed Session item 2 be amended to read: 2. Westhill Redevelopment Company Limited, Ontario Municipal Board Appeal, to receive additional information regarding proceeding. CARRIED AS AMENDED III ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes of Tuesday, March 2, 2010 General Committee recommends: THAT the General Committee meeting minutes of Tuesday, March 2, 2010 be adopted as amended by adding that Councillor Gallo was absent on Town business. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(6), 6, 7, 8, 9, 10, 11, 12, 13, 14, 18 and 19 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 2, 3, 4, 5, 15, 16 and 17 were identified as 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: 2. EAC10-03 – Environmental Advisory Committee Meeting Minutes of March 4, 2010 THAT the Environmental Advisory Committee meeting minutes of March 4, 2010 be received for information and the recommendations contained therein be approved. 3. HAC10-02 – Heritage Advisory Committee Meeting Minutes of March 8, 2010 THAT the Heritage Advisory Committee meeting minutes of March 8, 2010 be received for information and the recommendations contained therein be approved. General Committee Meeting Minutes Tuesday, March 23, 2010 Page 3 of 8 4. YWCS10-01 – Yonge Wellington Corridor Study Steering Committee Meeting Minutes of February 10, 2010 THAT the Yonge Wellington Corridor Study Steering Committee meeting minutes of February 10, 2010 be received for information and the recommendations contained therein be approved. 5. BBS10-003 – Building Permit Fees – Annual Report THAT Council receive Report No BA09-003, Building Permit Fees – Annual Report for information. 15. PL10-024 – Site Plan Amendment Whitwell Developments Limited/Smart Centres Block 2, Plan 65M-3819 File Number: D11-11-09 THAT subject to any issues or comments raised by Council, Application for Site Plan Amendment File D11-11-09, Whitwell Developments Limited/ Smart Centres be approved to permit a revision to the internal vehicular access design. THAT Council authorize the Mayor and Clerk to execute an Amending Site Plan Agreement between the Owner and the Town of Aurora. 16. PL10-029 - Application to Amend the Zoning By-law 2091585 Ontario Inc. 15565 Yonge Street File Number: D14-02-10 THAT Council receive for information the following overview of Zoning By- law Amendment Application under file D14-02-10 scheduled for the April 21, 2010 Public Planning Meeting. 17. CFS10-008 - Amendment of the Federal Gas Tax Agreement with AMO THAT Council enact By-law No. 5224-10, being a By-law to authorize the execution of an amending agreement between The Corporation of the Town of Aurora and the Association of Municipalities of Ontario (AMO) pertaining to the transfer of Federal Gas Tax Revenues. CARRIED VI DELEGATIONS (a) Ms Nancy Van Kessel, Executive Director Habitat for Humanity York Region Re: Deferral of Development Fees Applied to Habitat for Humanity Homes Built in the Town of Aurora Ms Van Kessel addressed the Committee to advise of the many programs offered by Habitat for Humanity and requested that the Town of Aurora defer development fees on any Habitat homes occupied by Habitat families. Ms Van Kessel suggested that should the Habitat home ever be sold in the open market then the development fees would then be applied. General Committee Meeting Minutes Tuesday, March 23, 2010 Page 4 of 8 General Committee recommends: THAT the comments of the delegate be received for information. CARRIED (b) Ms Susan Walmer, on behalf of the Oak Ridges Moraine Land Trust Re: Item 13 - PR10-014 - McLeod Wood Nature Reserve Ms Walmer provided the Committee with an overview of the economical and environmental benefits of the McLeod Woodlot and expressed her sincere appreciation that the McLeod Wood Nature Reserve in Aurora is being protected and commended Council and staff for supporting this initiative and advised that the Oak Ridges Moraine Land Trust is not able to apply for the tax exemption until the rezoning takes place. Councillor Collins-Mrakas relinquished the Chair to Mayor Morris. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT the comments of the delegate be referred to item 13 and the item be brought forward for discussion. CARRIED Councillor Collins-Mrakas resumed the Chair. 13. PR10-014 - McLeod Wood Nature Reserve General Committee recommends: THAT the draft agreement for the McLeod Wood Nature Reserve be amended to include a requirement for the owners to annually apply for property tax exemption status in accordance with recent provincial regulatory changes arising from Ontario Regulation 388/04; and THAT Council authorize the Mayor and Clerk to sign the amended agreement with the Oak Ridges Moraine Land Trust with respect to the McLeod Wood Nature Reserve. CARRIED AS AMENDED (c) Ms Christine Sadler, Member of “The Friends of the Bloomington Wetlands” Re: CLOSED SESSION Item 2 - Westhill Redevelopment Company Limited Ontario Municipal Board Appeal, to Receive Addition Information Regarding Proceeding Ms Sadler provided the Committee with an overview of the purpose of the Oak Ridges Moraine Protection Act, 2001, the Environmental Review Tribunal and the Ontario Municipal Board. Ms Sadler suggested that if a development application is received within the Oak Ridges Moraine it should trigger the convening of a General Committee Meeting Minutes Tuesday, March 23, 2010 Page 5 of 8 joint board of the Environmental Review Tribunal and the Ontario Municipal Board and would like a provision to this effect implemented in Aurora. Ms Sadler thanked Council for its support of the appeal and provided the names of some of the organizations that have currently signed a statement, being: o Friends of the Bloomington Wetlands o Ratepayers of Aurora South (RAYS) o York Region Environmental Alliance (YREA) o Save The Oak Ridges Moraine (STORM) o North East Sutton Ratepayers Association o Lakewatch Society o Friends of Northumberland Nature o Oak Ridges Friends of the Environment o York Simcoe Naturalists Ms Sadler also advised that she is waiting to hear from 7 others, requesting: 1) That the Ontario Court of Appeal grant leave to the Town of Aurora and order a Consolidated Hearing for the Westhill development application. 2) That any matter that is appealed regarding activities in the Oak Ridges Moraine Plan Area be adjudicated as a joint hearing of the Ontario Municipal Board and the Environmental Review Tribunal. 3) That a special class of Permits to Take Water for water taking within the Oak Ridges Moraine Plan Area be established. General Committee recommends: THAT the comments of the delegate, and any further information provided by the delegate, be received for information and referred to Closed Session item 2 - Westhill Redevelopment Company Limited Ontario Municipal Board Appeal to receive additional information regarding proceeding. CARRIED (d) Ms Deborah Campo, Artist Re: Item 12 – PR10-013 – Peace Flame Tree Ms Campo provided the Committee with information respecting the creation of the Peace Flame Tree, its sponsorships and her request for a grant of $1,000 from the Town of Aurora. Ms Campo also provided information regarding public Art Policies from surrounding municipalities and expressed her appreciation for Council’s consideration of this matter. General Committee recommends: THAT the comments of the delegate be received for information and referred to item 12. CARRIED General Committee recommends: THAT item 12 be brought forward for discussion. CARRIED General Committee Meeting Minutes Tuesday, March 23, 2010 Page 6 of 8 12. PR10-013 - Peace Flame Tree General Committee recommends: THAT the Church Street School Cultural Centre Board be requested to assist in the development of a public Art Policy for Council’s consideration. CARRIED UNANIMOUSLY AS AMENDED General Committee recommends: THAT the Procedural By-law be waived to allow the Delegate to speak to the public Art Policy. Ms Campo advised of the process she had followed to pursue a location for the Peace Flame Tree. General Committee recommends: THAT Council approve installation of the Peace Flame Tree at Town Hall with the specific location to be determined by staff taking into consideration concerns raised tonight. CARRIED AS AMENDED General Committee recommends: THAT item 11 be brought forward for discussion. CARRIED General Committee recommends: THAT item 19 be brought forward for discussion. CARRIED General Committee recommends: THAT the Procedural By-law be waived to extend the hour to 11:00 p.m. CARRIED 11. PR10-012 - Completion of Nokiidaa Trail General Committee recommends: THAT Council approve the construction of the extension of the Nokiidaa Trail and Hadley Grange Nature Reserve in principle; and THAT staff be directed to seek 2/3’s funding from Lake Simcoe Regional Conservation Authority for the non-trail related ecological enhancements as described in the attachment ; and General Committee Meeting Minutes Tuesday, March 23, 2010 Page 7 of 8 THAT staff report back with funding options; and THAT staff report back with an implementation plan. CARRIED AS AMENDED 19. Memo from Neil Garbe, Chief Administrative Officer Re: Completion of Nokiidaa Trail General Committee recommends: THAT item 19 be received for information. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 8. IES10-010 – Joint Waste Diversion Strategy 2009 Update General Committee recommends: THAT Council receive for information the 2009 Joint Waste Diversion Strategy update. CARRIED 9. IES10-013 – Submission of Annual Drinking Water Quality Report General Committee recommends: THAT Council receive Report IES10-013 for information on the mandated regulatory reporting of the Town’s Drinking Water System, Schedule 22 – Summary Report. CARRIED 18. LGL10-002 – Westhill Redevelopment Company Limited Divisional Court Appeal General Committee recommends: THAT report LGL10-002 be received for information. CARRIED General Committee recommends: THAT items 1(6), 6, 7, 10, 14 and Closed Session item 2 be deferred to the March 30, 2010 Council meeting. CARRIED General Committee Meeting Minutes Tuesday, March 23, 2010 Page 8 of 8 IX NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor MacEachern provided Notice of Motion regarding Aurora Miler. X CLOSED SESSION General Committee recommends: THAT General Committee resolve into a Closed Session, following adjournment, to consider: A matter regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board: 1. OMB Appeal by York Catholic District School Board, Determination of the Value of the Lands at 278 Wellington Street East, St. Maximilian Kolbe Catholic High School (D11- 08-07). CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 10:48 p.m. CARRIED THE REPORT OF GENERAL COMMITTEE MEETING 10-06 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, MARCH 30, 2010 WITH THE EXCEPTION OF DELEGATION (b) AND ITEM 1(6) WHICH WERE ADOPTED AS AMENDED, AND ITEM 12 WHICH WAS DISCUSSED AND ADOPTED AS ORIGINALLY PRESENTED. _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK