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MINUTES - Special Council - 20090506 TOWN OF AURORA SPECIAL COUNCIL MEETING MINUTES DEVELOPMENT CHARGES NO. 09-13 Wednesday, May 6, 2009 7:00 p.m. Council Chambers ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Gallo, MacEachern, McRoberts and Wilson. MEMBERS ABSENT Councillor Granger was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Manager of Building and Development, Director of Planning, Director of Public Works, Director of Financial Services/Treasurer, Town Solicitor and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:15 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Gallo declared an interest in added item 3 - correspondence from Ms Lynda J. Townsend, Townsend, Rogers LLP Barristers and Solicitors, due to an employment relationship with a company represented by the firm, and did not take part in any questions in this regard or attempt in any way to influence the voting on such questions. Councillor Collins-Mrakas declared an interest in added item 3 - correspondence from Ms Lynda J. Townsend, Townsend, Rogers LLP Barristers and Solicitors, due to an employment relationship of a direct family member with a company represented by the firm, and did not take part in any questions in this regard or attempt in any way to influence the voting on such questions. Councillors Collins-Mrakas and Gallo, having previously declared an interest in added item 3, 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 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: DELEGATIONS PERTAINING TO ITEM 1 FS09-025 - Update to Development Charges By-law  Delegation b) Mr. Stephen Dupuis  Delegation c) Mr. Ed Warankie, on behalf of Mr. Remo Agostino, the Daniels Corporation Minutes of Special Council - Development Charges Meeting Tuesday, May 6, 2009 Page 2 of 5 NEW ITEMS - CORRESPONDENCE PERTAINING TO ITEM 1 FS09-025 - Update to Development Charges By-law  Item 2 Correspondence from Mr. Vince Santino, Manager of Land Development, Minto Communities (Toronto) Inc.  Item 3 Correspondence from Ms Lynda J. Townsend, Partner Townsend, Rogers LLP Barristers and Solicitors  Item 4 Correspondence from Mr. Claudio Maggioni, Vice-President, Country Wide Homes  Item 5 Correspondence from Mr. Carlo Baldassarra, President Greenpark Group of Companies c/o Santorio Holdings Inc.  Item 6 Correspondence from Mr. Savino Del Degan, President Royalcliff Homes Inc. and Royalcliff Homes Bayview Inc.  Item 7 Correspondence from Mr. Nik Mracic, Vice-President Metrus Development Inc. and A.S.O. of St. John’s Road Development Corp.  Item 8 Correspondence from Mr. Nik Mracic, Vice-President Metrus Development Inc. and A.S.O. of Preserve Homes Corporation  Item 9 Correspondence from Mr. Patrick O’Hanlon, President Kylemore (Bayview Meadows) Ltd.  Item 10 Correspondence from Mr. Andrew De Gasperis, President Preserve Homes Corporation CARRIED III DELEGATIONS a) Mr. Craig Binning of the Hemson Group Re: Development Charges Background Study Mr. Craig Binning of the Hemson Group provided an overview of the objectives of the Development Charges Background Study and the methodology and policies that were followed while conducting the study, resulting in the recommended changes to the Development Charges By-law. Mr. Binning provided the calculated charges in comparison with the existing charges and cautioned Council, with regard to phasing or reducing development charges, to consider that this could result in reducing development charge revenues. Mr. Binning explained that this would leave the Town in a position where alternate sources of revenue would need to be found to finance planned Capital Programs, alternatively, this would require a Council approved reduction in the Capital Programs and associated service levels. Mr. Binning summarized several major factors contributing to the recommended increase to municipal development charges and provided a timetable for the decision making process to be carried out. Moved by Councillor Buck Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to item 1. CARRIED Minutes of Special Council - Development Charges Meeting Tuesday, May 6, 2009 Page 3 of 5 b) Mr. Stephen Dupuis Re: Item 1 - FS09-025 - Update to Development Charges By-law Mr. Stephen Dupuis, President and Chief Executive Officer of the Building Industry and Land Development Association, provided a statistical history of the increases in development charges in comparison with the decrease in home sales and values over the last year in Ontario. Mr. Dupuis expressed concern regarding Council’s consideration of raising the charges and he suggested that the impact on developers, builders and home owners could result in further decreased sales and fewer charges to be collected by the Town of Aurora. Mr. Dupuis requested that Council consider reducing or freezing development charges as a responsive approach to address the current economy. Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to item 1. CARRIED c) Mr. Ed Warankie, on behalf of Mr. Remo Agostino of the Daniels Corporation Re: Item 1 - FS09-025 - Update to Development Charges By-law Mr. Warankie, of the Daniels Corporation, addressed Council to provide an overview of a subdivision which has been proposed in Aurora, which is an infill project directed at first time home buyers or the buy-down market consisting of row-houses which are each separated into three single floor dwelling units. Mr. Warankie expressed concern that the current proposed development charges for these units are calculated in the same way as townhouses resulting in equal rates to those charged to townhouse owners who enjoy a significantly larger living space. Mr. Warankie requested that Council revisit the definition of “apartment” to include this type of multi-unit housing, or consider introducing gross floor area (GFA) limits, to enable units which are below a certain threshold to be charged appropriately. Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT the comments of the delegate be received and referred to item 1. CARRIED Councillors Collins-Mrakas and Gallo, having previously declared an interest in added item 3, 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. d) Ms Lynda J. Townsend, Townsend, Rogers LLP Barristers and Solicitors Re: Item 1 - FS09-025 - Update to Development Charges By-law Ms Lynda J. Townsend, of Townsend, Rogers LLP Barristers and Solicitors, advised that, upon reviewing the study it seems apparent that the bulk of the current financial burdens have fallen on the developers and the building industry, resulting in a huge impact on home owners and particularly new home buyers. Ms Townsend requested that Council not make a decision at this time, but rather work together with herself, on behalf of her clients, and Town staff to find a new strategy for cost sharing and to address current fiscal challenges in a more proactive and fair way. Ms Townsend advised that she would be happy to come back to the General Committee meeting scheduled for May 19, 2009, however she would not be available on May 26, 2009 when Council is scheduled to make the final decision on this matter. Ms Townsend advised her firm has submitted a letter outlining a list of questions and issues. (refer to additional item 3) Minutes of Special Council - Development Charges Meeting Tuesday, May 6, 2009 Page 4 of 5 Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to item 1. CARRIED e) Mr. Larry Dekkema, Ballymore Homes Re: Item 1 - FS09-025 - Update to Development Charges By-law Mr. Larry Dekkema, of Ballymore Homes expressed concern with regard to the current struggling economy and it’s impact on the development industry, suggesting that this is an inappropriate time to increase development charges. Mr. Dekkema requested that Council consider granting an exception and maintain the current rates for existing lots which are serviced and registered, as they are already part of the existing infrastructure. Moved by Councillor Gallo Seconded by Councillor Buck THAT the comments of the delegate be received and referred to item 1. CARRIED IV CONSIDERATION OF ITEM 1. FS09-025 - Update to Development Charges By-law Moved by Councillor Wilson Seconded by Councillor McRoberts THAT all comments, questions and suggestions arising from the statutory Public Meeting be referred to staff for consideration, and that staff continue to dialogue with concerned parties; and THAT staff prepare an interim report to include alternatives, options and a draft By-law for review, to be presented at the General Committee meeting on May 19, 2009; and THAT the final By-law be presented to Council on May 26, 2009, for adoption pursuant to the requirements of the Development Charges Act, 1997. CARRIED Councillors Collins-Mrakas and Gallo, having previously declared an interest in added item 3, 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. ADDITIONAL ITEMS - CORRESPONDENCE PERTAINING TO ITEM 1 FS09-025 - Update to Development Charges By-law 2. Correspondence from Mr. Vince Santino, Manager of Land Development, Minto Communities (Toronto) Inc. (Added Item) 3. Correspondence from Ms Lynda J. Townsend, Partner Townsend, Rogers LLP Barristers and Solicitors (Added Item) 4. Correspondence from Mr. Claudio Maggioni, Vice-President, Country Wide Homes (Added Item) Minutes of Special Council - Development Charges Meeting Tuesday, May 6, 2009 Page 5 of 5 5. Correspondence from Mr. Carlo Baldassarra, President Greenpark Group of Companies c/o Santorio Holdings Inc. (Added Item) 6. Correspondence from Mr. Savino Del Degan, President Royalcliff Homes Inc. and Royalcliff Homes Bayview Inc. (Added Item) 7. Correspondence from Mr. Nik Mracic, Vice-President Metrus Development Inc. and A.S.O. of St. John’s Road Development Corp. (Added Item) 8. Correspondence from Mr. Nik Mracic, Vice-President Metrus Development Inc. and A.S.O. of Preserve Homes Corporation (Added Item) 9. Correspondence from Mr. Patrick O’Hanlon, President Kylemore (Bayview Meadows) Ltd. (Added Item) 10. Correspondence from Mr. Andrew De Gasperis, President Preserve Homes Corporation (Added Item) Moved by Councillor MacEachern Seconded by Councillor Buck THAT the additional items of correspondence be referred to staff. CARRIED V READING OF BY-LAW Moved by Councillor Buck Seconded by Councillor MacEachern THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5138-09 BEING A BY-LAW to confirm actions by Council Resulting from Special Council Meeting 09-13 on May 6, 2009 CARRIED VI ADJOURNMENT Moved by Councillor McRoberts THAT the meeting be adjourned at 9:56 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK