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AGENDA - Council - 20080923Alk COUNCIL MEETING AGENDA N0.08-25 TUESDAII, SEPiEMBER 23, 2008 7:00 P.M. COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 19/09/08 AURORA TOWN OF AURORA COUNCIL MEETING AGENDA NO. 08-25 Tuesday, September 23, 2008 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved as presented. 111 OPEN FORUM 1V ADOPTION OF MINUTES Council Minutes of September 9, 2008, Meeting Number 08-24 pg. 1 RECOMMENDED: THAT the Council minutes of September 9, 2008 meeting number 08-24 be adopted as printed and circulated. V PRESENTATIONS (a) Presentation to the Jaekel and English Families pg. 13 Re: Naming Rights for Parkettes In Support of Southlake Regional Health Centre Council Agenda - Meeting 08-25 Page 2 of 6 Tuesday, September 23; 2008 VI PUBLIC SERVICE ANNOUNCEMENTS Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION IX DELEGATIONS (a) Mr. Gary Templeton, Templeton Planning Ltd. pg. 15 Re: Item 2 - ASL Properties Ltd., 16 Industrial Parkway X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT XII NEW BUSINESS/GENERAL INFORMATION COUNCILLORS Xlll READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5066-08.D BEING A BY-LAW to amend By-law No. pg. 50 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (PartLot 80, Concession 1 EYS, File: D14-14-07) (ASL Properties Ltd.) 5067-08.P BEING A BY-LAW to amend By-law No. pg. 54 4898-07.P respecting permanent signs within the Town of Aurora. 5072-08.D BEING A BY-LAW to establish highways pg. 56 on Plans 65M-3979 and 65M-4075 (St. John's Road Development Corp.) Council Agenda - Meeting 08-25 Page 3 of 6 Tuesday, September 23, 2008 5073-08.H BEING A BY-LAW to appoint a Deputy Fire pg. 57 Chief for the Amalgamated Fire and Emergency Services Department. (Robert Comeau) 5074-08.D BEING A BY-LAW to establish highways pg. 58 on Plans 65M-4037 (Mattamy (Aurora) Limited) 5075-08.0 BEING A BY-LAW to confirm actions by pg. 59 Council resulting from meeting 08-25 on September 23, 2008. XIV CLOSED SESSION RECOMMENDED: THAT Council resolve into a Closed Session to consider the following: Labour Relations Matter — Recruitment Process of new CAO Labour Relations Matter— Recruitment Process of new Town Solicitor Property Matter — Disposition of Unopened Road Allowance, Park Street Property Matter - Town Owned Leslie Street Lands Property Matter — Stronach Aurora Recreation Centre Payment of Bulkhead Repairs Personal Matter — Memo from Councillor Collins-Mrakas Re: Stronach Aurora Recreation Centre Payment of Bulkhead Repairs XV ADJOURNMENT Council Agenda - Meeting 08-25 Page 4 of 6 Tuesday, September 23, 2008 AGENDA ITEMS 1. General Committee Meeting Report No. 08-30 pg. 16 Tuesday, September 16, 2008 2. KJ 4. RECOMMENDED: THAT the report of the General Committee Meeting No. 08-30 be received and the recommendations carried by the committee be approved. Memorandum from Director of. Planning and Development pg. 25 Re: ASL Properties Ltd.,. 16 Industrial Parkway (to be distributed at meeting) LS08-044 — Roof Installation for Church Street School pg. 26 Cultural Centre RECOMMENDED: THAT Council receive this report as information regarding the method for replacing the asphalt shingle roof at 22 Church Street. FS08-043 — Church Street School Cultural Centre Capital Project pg. 29 Update RECOMMENDED: THAT report FS08-043 be received; and THAT the Director of Leisure Services advise Council where in the Church Street School Cultural Centre they can reduce the project by $37,500 to cover the deficit. Council Agenda - Meeting 08-25 Tuesday, September 23, 2008 Page 5 of 6 5. Adoption of Recommendations from Closed Session Meeting pg. 37 September 16, 2008 RECOMMENDED: THAT the recommendations from the Closed Session Meeting held on September 16, 2008 regarding the following matters be approved: Property Matter — Stronach Aurora Recreation Centre Payment of Bulkhead Repairs Property Matter - Stronach Aurora Recreation Centre Delay Claim Support Services Property Matter — Sale of Unopened Road Allowance — Park Street Labour Relations Matter— Update on the Director of Corporate Services Recruitment 6. Correspondence from Stantec Consulting Ltd. pg. 38 Re: Northland Power Inc. Proposed Town of Aurora Peaking Generation Station Notice of Second Public Information Session RECOMMENDED: THAT the correspondence from Stantec Consulting Ltd. regarding Northland Power's proposed Town of Aurora peaking generation station - notice of second public information session on October 6, 2008 - be received for information. 7. FS08-044 — Space Planning Project pg. 41 RECOMMENDED: THAT report FS08-044 be received; and THAT the purchase order for Mayhew and Associates be increased by $9,000 to include the cost of preparing CAD drawings of Town Hall; and THAT the money for the additional work come from the project budget. Council Agenda - Meeting 08-25 Tuesday, September 23, 2008 Page 6 of 6 8. CS08-036 — Code of Conduct for Members of Council, pg. 43 Advisory Committees and Sub -Committees - Update RECOMMENDED: THAT report CS08-036 be received for information; and THAT the Aurora Public Library Board be requested to prepare a Code of Conduct for the members of the Aurora Public Library Board; and THAT staff develop a Code of Conduct for Members of the Committee of Adjustment to ensure compliance with the necessary requirements of the Planning Act; and THAT those who have not submitted a signed copy of the Code of Conduct for the Members of the Advisory Committees be provided one last opportunity to submit the required documentation by October 14, 2008; and THAT Council provide direction for those who have not submitted their documentation after that date. COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Sept. 9 - 1 AuwoRA TOWN OF AURORA COUNCIL MEETING MINUTES NO. 08-24 Council Chambers Aurora Town Hall Tuesday, September 9, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (left at 10:15 p.m.), Collins•Mrakas (left at 10:15 p.m.), Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson.. - - MEMBERS ABSENT None 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 CounoillCommittee Secretary. Mayor Morris called the meeting to order at-7:00 p.m I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest,under the Municipal Conflict of lnferestAcf. - - II APPROVAL OFAGENDA Moved by Councillor Gallo - Seconded by Councillor Granger THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: ➢ New Item 6 - Memorandum from Director of Financial Services Re: 2009 Budget Timetable & 2009 CapitalPrioritySetting Matrix ➢ New Item 7 - Memorandum from the Manager of Administration Re: Request to Waive Permit Fee for the Use of Shelter Behind Regency Acres Public School New Item 8 - Correspondence from Mayor Robert Gross! of Georgina Re: Invitation to the Mayor's Forum - September 17, 2008 ➢ New Item 9 Correspondence from the Ontario Power Authority (OPA) Re: Appointing a Designate for Aurora to the Municipal Energy Conservation Officer (MECO) Working Program ➢ New By-law 5071-08.H - to amend By-law 5019-08.H to appoint Building Inspectors; and - - THAT By-law 5058-08.1-1 be moved to the Closed Session Agenda. for discussion. CARRIED -q- COUNCIL - SEPTEMBER 235 2008 Council Minutes - Sept. 9 - 2 Minutes of Council Meeting No. 08-24 Tuesday, September,9, 2008 III OPEN FORUM Mr. Robert Ryan,. President of the Board of Directors for the Mosaics Condominium Community, addressed Council in support of the decision at the General Committee meeting of September 2, 2008, to approve staff recommendations in report PW08-034 regarding a Parking Lot Lighting Agreement between the Mosaics Condominium and Canadian Tire Corporation. Ms Sher St. Kitts advised of an event entitled "Lighting up the Legion", taking place on Friday, September 19, 2008 beginning at 6:00 p.m, at a cost of $55 per ticket or $45 for legion members. Ms St. Kitts advised that this evening consisting of food music and dancing will raise funds and awareness for the "Operation Renovation" an initiative to update and redecorate the Royal Canadian Legion Colonel Fred Tilson V.0 Branch (Ont. No. 385) Aurora to better serve the community. V PRESENTATIONS Mayor Morris advised that the Association of Municipalities of Ontario (AMO) has presented the, Peter J. Marshall Certificate of Merit Award for excellence and innovation to the Northern 6 Municipalities, including the Town of Aurora, in recognition of the implementation of the new waste management strategy, the Green Bin Program, Mayor Morris congratulated the Director of Public Works and all staff and participants who collaborated on initiating, promoting and maintaining this program which is expected to save $11 million over the next ten years. VI PUBLIC SERVICE ANNOUNCEMENTS Councillor McRoberts extended thanks and congratulations, on behalf of the Mayor and members of Council, to the two Aurora Citizens who represented 'Canada in the 2008 Beijing Olympics. Councillor McRoberts recognized Ms Nicole Forrester who competed in the women's high -jump event and Mr. Stephen Jorens, who competed in the K2 -1,000 m kayak event. Councillor McRoberts advised of an event taking place on September 10, 2008 at the Seniors' Centre entitled "A Celebration of Culture" which offers fine foods from around the world as well as cultural activities and entertainment, running from 11:00 a.m. until 3:00 p.m, at a cost of $8, for a passport and $1 per food sample provided by various local ethnic gourmet restaurants. Councillor Wilson advised that York Central Fire Services Deputy Chief Ken Bone retired from service this past August, and that the Fire Department has appointed Mr. Robert Comeau as the new Deputy Fire Chief. Councillor Wilson extended his congratulations to Deputy Chief Comeau. Councillor Granger announced that the Farmers Market will be featuring the second annual "Apple & Honey Festival" on Saturday September 27, 2008 from 8:00 a.m. to 1:00 p.m., featuring exciting events like the charity pie eating contest, which will necessitate a $3 donation per participant toward. Welcoming Arms in Aurora. Councillor Granger advised that there will also be live music and an apple pie and apple crumble competition and he invited all bakers in town to step up and enter their creations. Councillor Collins-Mrakes advised that 'a Spin -a -thou fundraiser will be going around the clock from 9:00 p,m. to 9:00 a.m. on Friday September 26, at Timberlane Athletics Club to support the Southlake Regional Cancer Centre, Councillor Collins-Mrakas suggested that interested spinners may contact her at the Aurora Town Hall 727-3123 Ext. 4268. -2- COUNCIL - SEPTEMBER 23, 2008. Council Minutes - Sept. 9 - 3 Minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 Councillor Buck extended her congratulations to the staff members who were instrumental in the implementation of the new waste management strategy, the Green Bin Program, which received the Peter J. Marshall Certificate of Merit Award for excellence and innovation from the Association of Municipalities of Ontario (AMO), and she recognized former CAO, John Rogers and former Director of Public Works, Wayne Jackson who were integral in the establishment. of this initiative. Mayor Morris advised that Aurora Rib-Fest took place over the weekend of September 5 to 7, 2008. Mayor Morris congratulated Shelley Ware, Special Events Co-ordinator and staff, as well.as the Rotary Club, who made this event a terrific success. Mayor Morris also advised that the Mayors' Blood Clinic will be taking place at the Town Hall on Friday September 12. 2008 from 11:36 a.m. to 2:30 p.m., and suggested that anyone interested in donating may call Canadian Blood Services at 1-888-2-DONATE. Mayor Morris advised that Lieutenant Colonel Andre Zdunich will be taking over command of the Annouries for former Lieutenant Colonel Bruce McCullough of the Queens York Rangers of Aurora, and she extended her congratulations to Lieutenant Colonel Zdunich. Mayor Morris advised that the Magna Wild West Hoedown will be taking place on Saturday, September 13, 2008. Mayor Morris extended her congratulations to the Director of Leisure Services, At Downey and Special Events Co-ordinator, Shelley Ware and all staff involved, for the tremendous success of the Concerts in the Park this year. IV ADOPTION OF MINUTES Council Minutes of August 12, 2008, Meeting Number 08-22 Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the Council Meeting Minutes from meeting 08-22 be adopted as printed and circulated. CARRIED Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(8), 3, 4, 7, 8 and 9Swere identified for discussion. Vlll . ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by Councillor Granger THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: -3- COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Sept. 9 - 4 Minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 2. Correspondence from Mayor Phyllis Morris Re: The Association of Municipalities of Ontario (AMO), P.J. Marshall Certificate of Merit Award. THAT correspondence be received for information. 5. Reporting out from Closed Session Agenda THAT Council provide direction resulting from Closed Session. 6. Memorandum from Director of Financial Services - Re: 2009 Budget Timetable & 2009 Capital Priority Setting Matrix THAT Memorandum from Director of Financial Services regarding 2009 - Budget Timetable & 2009 Capital. Priority Setting Matrix be received for information. CARRIED IX DELEGATIONS a) Ms Moragh Wolfe, Executive Director, Big Brothers and Sisters of York Re: Proclamation of September 2008 as "Big Brother Big Sister Month" Ms Moragh Wolfe of the Big Brothers and Sisters of York Region addressed Council to express her appreciation on behalf of Big Brothers and Sisters of York Region for proclaiming the month of September as "Big Brothers acid Sisters Month" and she provided an overview of the tremendous work. that is being done in the community and the positive impact that this program has on the lives of its participants. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received and endorsed. CARRIED b) Mr. John Waller, Director, Long Range and Strategic Planning Branch, Region of York Re: York Region's "Planning for Tomorrow" Growth Management Initiative (20 minute presentation) Mr. John Waller of the Region of York provided a thorough summary of York Region's "Planning for Tomorrow" growth management initiative entitled "Towards a Sustainable Region". Mr. Waller explained that studies have revealed that York Region will experience significant growth over the next. ten years and to address this he advised that sustainable_ intensification is a key factor, which will create the need to establish new communities in whitebelt areas of York Region while maintaining a linked natural heritage system. Mr. Waller advised. that the Region has designed a sustainable approach which should address the growth issue and maintain a well managed environment, economy and the responsible delivery of human services. Mr. Waller advised that public input is being sought through open houses and public meetings around York Region, and upon the conclusion of this process a Regional Official Plan Update will be presented to Council in the Fall of 2008. - 4 - COUNCIL - SEPTEMBER 235 2008 Council Minutes - Sept, 9 - 5 Minutes of Council Meeting No, 08-24 Tuesday, September 9, 2008 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the comments of the delegate be received for information. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report No. 08-29 Tuesday, September 2, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 08-29. TUESDAY SEPTEMBER 2 2008 (8) PW08-034 — Parking Lot Lighting — Mosaics Condominium and Canadian Tire Corporation Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council approve the recommendation to accept the maintenance and operating costs for three (3) street lights in the Canadian Tire parking lot to service residents of the Mosaics Community — York Region Condominium Corporation No. 920; and THAT Council direct staff to develop an agreement with Canadian Tire Corporation to acknowledge the transfer of responsibility; and THAT works not proceed until an agreement has been finalized. On a recorded vote the motion was CARRIED. YEAS:6 NAYS:3 VOTING YEAS: Councillors Gaertner, Gallo, Granger, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillors buck, Collins-Mrakas and McRoberts Moved by Councillor Gallo Seconded by Councillor McRoberts THAT the balance of report of the General Committee Meeting No. 08-29 be received and the recommendations carried by the Committee be approved. CARRIED MovedbyCouncillor MacEachern- Seconded by Councillor Granger THAT added item 8 be brought forward for consideration at this time. -5- COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Sept. 9 -. 6 minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 8. Correspondence from Mayor Robert Gross! of Georgina Re: Invitation to the Mayor's Forum - September 17, 2008 (ADDED ITEM) Moved by Councillor MacEachern Seconded by Councillor Granger THAT the correspondence from Mayor Grossi of the City of Georgina, regarding the Mayor's Fortim, be received for information. CARRIED 3. Memorandum from Councillor MacEachern Re: September 2008, Canada Day Parade Sub -Committee Appointments Moved by Councillor MacEachern Seconded by Councillor Buck THAT Council endorse the appointment of the five individuals listed below to serve on the 2009 Canada Day Parade Sub -Committee: Sher St, Kitts Marilyn McCart Sandra Humfreys Frank Mete . Carolyn Barclay AND FURTHER.THAT staff be directed to advertise in the Notice Board up until October7, 2008, for additional members to serve on the Canada Day Parade Sub -Committee with the goal of increasing the committee membership. CARRIED 4. Recommendation from Closed Session September 2, 2008 . Re: Personal Matter -Appointments to Committees Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Councillor Al Wilson be appointed to the Aurora Public Library Board; and THAT Councillor John Gallo be appointed to the Joint Council Committee (Central York Fire Services) &the Traffic Safety Advisory Committee; and THAT .Council accept the resignation of Councillor Granger from the Economic Development Advisory Committee; and THAT Gouncillor Evelina MacEachern be appointed to the Economic Development Advisory Committee; and THAT the Terms of Reference for the Environmental Advisory Committee be amended to appoint a third member of Council, and that Councillor John Gallo be appointed accordingly. CARRIED -6- COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Septa 9 - 7 Minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 Memorandum from the Manager of Administration Re: Request to Waive Permit Fee for the Use of Shelter Behind Regency Acres Public School (ADDED ITEM) Moved by Councillor MacEachern Seconded by Councillor Granger THAT the correspondence be referred to the Director of Leisure Services; and THAT the same process and principles be applied that were followed for "Relay for Life". CARRIED 9. Correspondence from the Ontario Power Authority (OPA) Re: Appointing a Designate for Aurora to the Municipal Energy. Conservation Officer (MECO) Working Program (ADDED ITEM) Moved by Councillor Granger Seconded by Councillor MacEachern THAT the correspondence from the Ontario Power, Authority (OPA), regarding appointing a Designate for Aurora to the Municipal Energy Conservation Officer (MECO) Working Program be referred to the Environmental Advisory Committee. CARRIED XI REGIONAL REPORT Mayor Morris advised that the Region is preparing a report pertaining to the full enclosure of all backyard pools, which may result in the, requirement that all sides of any backyard pool are fenced. XII NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor Gallo inquired about the proposed infrastructure intensification and what effect that will have on the supply of water in Aurora. The Director of Public Works responded that the supply of water is not an immediate concern, however the careful management of the available water supply is important. Councillor Collins-Mrakas gave Notice of Motion regarding an education session regarding the Code of Conduct. Councillor Collins-Mrakas gave Notice of Motion regarding, subject to permissibility under relevant and applicable legislation, that all future closed session proceedings of Council be audio recorded. Councillor Collins-Mrakas gave Notice of Motion regarding provision for community gardens in future subdivision and or site plan agreements. Councillor Collins-Mrakas advised of an ongoing medical condition which requires her to leave the meeting to receive medication. Councillor Granger advised of a recent article in the local newspaper regarding tax increases and he reiterated Council's position in opposition of the proposed Regional increase of 3%for a hospital levy. COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Sept. 9 - 8 Minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 Mayor Morris requested that staff ensure full adherence to Council's direction to close Yonge Street on November 11, 2008, to allow for Remembrance Day Ceremonies to lake place. The Mayor also encouraged the support of all citizens to participate in the 2008 poppy campaign. Councillor Gaertner requested an update on the re -locating of soil from the current Community Gardens to the new site. The Director of Leisure Services advised that staff are awaiting confirmation from Miller Waste as to whether they will be moving it or. not. Councillor Gaertner requested an update regarding an old oak tree. The Director of Leisure Services advised that the tree in question resides on private property and that staff only provide maintenance for trees on public, Town owned property. The Director further advised that every effort is being made to contact the land owner(s) to encourage them to take measures to preserve the tree. Mayor Morris advised of a letter from Mr. Stan Armstrong, GAO for the Town of Georgina regarding a Mayors Forum. Mayor Morris read the letter and advised that Aurora is being represented by Ms Susan Walmer. Councillor McRoberts advised that the oak tree mentioned earlier has received an historical designation. X111 READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5070-08.H BEING A BY-LAW to appoint an Acting Chief Administrative Officer for the Corporation of the Town of. Aurora. (Bob Panizza) 5071-08.11 BEING A BY-LAW to amend By-law 5019-08.11 to appoint Building Inspectors. (Added item) CARRIED XIV CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council recess into a Closed Session to consider the following Items: 1- Legal Matter- Reporting out from Closed Session 2- Legal Matter — Legal Opinion regarding Stronach Aurora Recreation Centre 3 - Legal Matter — Bondfield, Aurora at al 4 - Personal/Legal Matter — Marketing Division former staff member 5 - Property Matter— Inquiry regarding Town Land 6 - Memo from Councillor Collins-Mrakas regarding Bulkhead Repairs payment Authorization and,Mayor's response ONE COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Sept. 9 - 9 Minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 7 - Labour Relations Matter —Administrative Procedure No. 13 Excess Hours and Overtime 8 - Property Matter— Recommendation from Traits Subcommittee CARRIED Council recessed at 10:15 p.m. Councillor Buck left the meeting 10:15 p.m. Councillor Gollins-Mrakas Left the meeting at 10:15 p,m. Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council reconvene from Closed Session at 11:55 p.m. CARRIED Council reconvened at 11:55 p.m. Resolution Resulting from Closed Session - Legal Matter — Reporting out of Closed Session Meetings Moved by Councillor Wilson Seconded by Councillor Gallo THAT the Director of Corporate Services report out to Council the detail titles of the items that were discussed following each Closed Session meeting. CARRIED Resolution Resulting from Closed Session -Adoption of Recommendations from Closed Session Meeting July 22, 2008 _ Moved by Councillor Gallo_ Seconded by Councillor Gaertner THAT the recommendations from the Closed Session Meeting .held on July 22, 2008 regarding the following matters be approved: Legal Matter —. Stronach Aurora Recreation Centre Bondfield, Town of Aurora et at Authorization of payment for bulkhead repairs Legal Matter —Tax Registration of Properties Legal Matter - Dical Property Personal Matter— Correspondence from Special Events Committee Personal Matter— Staff for Aurora Heritage Centre Personal Matter —Staff modification Planning Department Legal Matter —. Disposition of Unopened Park Street Property Matter — Leslie Street Lands Legal Matter- Legal Opinion from J. Murray Davidson of PMLaw CARRIED -9- COUNCIL - SEPTEMBER 235 2008 Council Minutes - Sept. 9 - 10 Minutes of Council Meeting No.-08-24 Tuesday, September 9, 2008 . Resolution Resulting from Closed Session - Adoption of Recommendations from Closed Session Meeting August 12, 2008 Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the recommendations from the Closed Session Meeting held on August 12, 2008 regarding the following matters be approved: Legal Matter— Legal Opinion from Gowlings LLP • Bondfield , Town of Aurora et al Legal/Personal Matter — Legal Opinion from Aird & Berlis LLP Authorization for payment of bulkhead repairs Personal Matter — Building Department Sick Leave Policy CARRIED Resolution Resulting from Closed Session - Adoption of Recommendations from Closed Session Meeting September 2, 2008 Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the recommendations from the Closed Session Meeting held on September 2, 2008 regarding the following matters be approved: Personal Matter --Appointments to Committees Labour Relations Matter — Recruitment of a Town Solicitor Personal/Legal Matter— Personal Matter regarding former CAO Labour Relations Matter — Recruitment of a new CAO Personal/Legal Matter— Human Resources Dept. Staff CARRIED Resolution Resulting .from Closed Session - Legal Matter — Legal Opinion regarding the Stronach Aurora Recreation Centre. Moved by CouncillorMacE'achorn Seconded by Councillor Gallo THAT Council confirms the retention of Gowlings LLP to represent the Town in the claims related to the Stronach Aurora Recreation Centre namely: Bondfield v Aurora - Feb. 21108 Aurora v Bondfield - April 15108 Aurora v Zurich - July 3/08 CARRIED 70 - COUNCIL - SEPTEMBER 23, 2008 Council Minutes - Sept. 9 - 11 Minutes of Council Meeting No. 08-94 Tuesday, September 9, 2008 .Resolution Resulting from Closed Session -Property Matter — Inquiry Regarding Town Land Moved by Councillor Granger Seconded by Councillor MacEachern THAT the request to sell a.portlon of Town owned open space land not be approved. CARRIED Moved by Councillor Wilson Seconded by Councillor Gallo THAT Council recess into a Closed Session. CARRIED Council recessed at 12:00 aim. Movedby Councillor McRoberts Seconded by CouncillorMacEachern THAT Council reconvene from Closed Session at 12:02 a.m. CARRIED Council reconvened at 12:02 a.m. XIII, READINGOFBYLAWS Moved by Councillor Granger Seconded by Councillor Gallo THAT the following listed by-law be given 1 sit, 2nd and 3rd readings, and enacted: 5068-08.H BEING A BY-LAW to appoint a Deputy Clerk for the .Corporation of the Town of Aurora. (Karen Ewart.and CindyJanzen) CARRIED Moved by Councillor Gallo Seconded by Councillor Wilson THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5069-08.0 BEING A BY-LAW to confirm actions by Council resulting from the Council meeting of September 9, 2008. CARRIED COUNCIL - SEPTEMBER 233,2008 Council Minutes - Sept. 9 - 92 Minutes of Council Meeting No. 08-24 Tuesday, September 9, 2008 XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 12:04. a.m. CARRIED PHYLLIS M. MORRIS, MAYOR - BOB PANIZZA, TOWN CLERK COUNCIL - S�ER 23, 2008 AuRoxA yow,e�<600d� Presentation - a - 9 MEMORANDUM I Office of the Mayor Date; September 23, 2008 To: Members of Council From: Mayor Phyllis Morris Re: Presentation — Donation of Parkettes On Tuesday, September 23, 2008 at 7:00 p.m., The Town of Aurora, will be presenting the Jaekel and English families with a certificate of appreciation for their generous support of the Southlake Regional Health Centre's Gala fundraising event in 2007, Through their significant individual donations, the Jaekel and the English families purchased the rights to —name —the following two parkettes within the Ballymore and Brookvalley Homes Subdivision developments: • Jaekel Park located within the Ballymore Development Corporation Subdivison in the vicinity of Bloomington Road and Bathurst Street; and • English Park located within the Brookvalley (Aurora) Development in the vicinity of Bayview Avenue and Vandorf Road. The. Town of Aurora is delighted to have participated in the 2007 Southlake Gala by donating the naming rights of two parkettes and sincerely wishes to thank the Jaekel and English families for their contribution to the Regional Cancer Program at Southlake Regional Health Centre. Phyllis M. Morris Mayor /rs COUNCIL BER 23, 2008 .t�i.7�0►. yorc3�drer�agawy . Photo Opportunity AURORA Vw a'an rvveuMM;vpn For Immediate Release Vuesday, Sepiemberl6, 2008 Aurora Mayor & Council recognize two families for donation of parhettes WHO: Mayor of Aurora, Phyllis Morris & Aurora Council The English Family The Jacket Family WHAT: A presentation to two families from Mayor Morris and Council, who have donated finds to have two parkettes named after them. WHERE: Aurora Town Council Meeting Council Chambers, Aurora Town Hall 1 Municipal Drive WHEN: Tuesday, September 23, 2008 at 7:00 p.m. WHY: With the conveyance of municipal parkland within the Ballymore and Brookfield Homes Subdivision developments, it is necessary to appropriately name these parks. In accordairce with the Town's Facilities Naming Policy, the names for these parks have been selected through a process whereby the naming rights to these Parks were purchased via significant individual donations. These donations were the result of the Town of Aurora participating in the Southlake Regional.. Health Centre's Expansion Fund Raising event in 2007 by auctioning off the naming rghts to the highest bidder with all proceeds being returned to South Lake .Regional Health Centre. CONTACT: Robyn Smart, Executive Assistant, Mayor's Office The Town of Aurora 905-727-3123 ext:.4741 Town of Aurora Members of Council From Ieft:.Mayor Phyllis Morris, Councillors: Bob McRoberts, Evelina MacEachem, Wendy Gaertner, Stephen Granger, Alison M. Collins-Mrakas, Evelyn Buck, Al Wilson, John Gallo Town of Aurora, 1 Municipal Drive, Box 1000, Aurora, Ontario UG 6.11 -14 2 COUNCIL - SEPTEMBER 23, 2008 Delegation - a - 1 Panizza, Bob From: Gary Templeton Sent: Friday,, September 19, 2008 9:30 AM To: Panizza, Bob Cc: Subject: 16 Industrial Parkway Dear Mr. Panizza; 1 act as planning consultant in connection with the property at the address referenced above. The related Town of Aurora files for Zoning By-law Amendment and for Site Plan Approval are D 14-14-07 and D11-10-08. Staff Report PLO87086 was considered by General Committee on September 16, 2008 and we understand that the report will now be on the Council agenda for the meeting to be held on Tuesday, September 23, 2008. We understand that a resolution is being drafted for consideration by Council. The purpose of this email message is to request delegation statics so that we have.the opportunity to address Council if we have any issue with the language in the resolution and/or so that we can respond to any questions that may be raised. Please confirm that we will be listed as a delegation. Yours truly Gary Templeton (Templeton Planning Ltd.) 0/19/2008 - 15 - COUNCIL - SEPTEMBER 23, 2008 ITEM # - AurtoxA 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, MacEachem, McRoberts and Wilson MEMBERS ABSENT Councillor Buckwas.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. 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. 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. Maximilian Kolbe Secondary School Y New Item 16 — Memorandum from Director of Building Administration Re: Paid Overtime for Building Administration Staff A Additional Material — for Report FS08-038 - Item 10 --Attachment #1 Y New Closed Session Item — Update on the Director of Corporate Services Recruitment CARRIED -16- COUNCIL- SERT0NWMii?XR?PAao. o8-3o ITEM # Tuesday, September 16, 2008 1/I 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, FS08.028 — 20U 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 367 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.0.2001 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. COUNCIL - SEI4kI E&QAF2fLQ80. 08-30 JITEM# 1- 3 Tuesday, September 16, 2008 11. BA08-006— Sign By-law Amendment —WhitwellDevelopments 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. FS68-042 — 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 V1 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 (Addeditem) Ms Elizabeth Crowe and Mr. Bryce Eldridge addressed General Committee to request an exemption from the required payment of $413,563.95 for Cash -in -lieu of Parkland pertaining to St. Maximlllian 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. W.T".i:tl1-101 General Committee recommends: THAT item 14 be brought forward for discussion. CARRIED '8 - COUNCIL - SERT6J%i2e%R2PA41o.08-30 Tuesday, September 16, 2008 ITEM #-a 14. ADMOB-012 — York Catholic District School Board Request for Exemption to pay Cash -in -Lieu of Parkland St. Maximillian Kolbe Secondary School 27B Wellington Street East File D11A8-07 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 4291-01Y respecting Parkland DedicationlCash-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 $47,000 was.mised for the Centre of Abuse Awareness, which has now been adopted as the official charity for DOVE. Mr. Zacher advised that the charity lacrosse initiative is now an annual event, scheduled as a 36 hour game for June 12, 2009. To show DOVE's appreciation, Mr, Zacher presented the Mayor, Council and staff members who were involvedwith memorabilia from the event. General Committee recommends: . THAT the presentation be received. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None General Committee recommends: THAT items 4 and 5 be brought forward for discussion. CARRIED 4. PLOO-084—Zoning By-law Amendment Application Aurora Wellness House Inc. (Sormeh Spa & Inn) 32 & 34 Wellington Street East and 33 Centre Street File D14-11-08 (Ref: DII-09.06) General Committee recommends: THAT Council receive as information the overview of Zoning By-law Amendment Application D14-11-08 scheduled for a Public Planning Meeting to be held on October 22, 2008. CARRIED 19- COUNCIL - SErtW Wh%26%RaPA$o,o8.3o ITEM # 1- 5 Tuesday, September 16, 2008 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 635, 16 Industrial Parkway South Files D14-14-07 and D111-10-08 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 Dll-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 -20- COUNCIL- SERF 6ni1a@ PZPiQao. 0a-30 JITEM# 1-6 Tuesday, September 16, 2008 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 DII-09-DS 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 Vill 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. FSOB-037 -2008 Second Quarter Operating Report (deferred from September 2, 2008 General Committee) General Committee recommends: THAT the budget adjustments as identified in Attachment 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 casts associated with theSale 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 COUNCIL - SEFIEAMEMWI 120080. 08-30 ITEM # 1-7 Tuesday, September 16, 20D8 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 Ust 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 -22- COUNCIL - SEP r EiNRAF2 080.08.30 ITEM # 1 - 8 Tuesday, September 16, 2008 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 -23- COUNCIL - SERFEARIMiRs%P21Qao. 08-30 �ITEM# 1- 9 Tuesday, September 16, 2008 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 BradforcINVest 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 Xl ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 9:50 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-30 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, SEPTEMBER 23, 2008. -24- COUNCIL - SEPTEMBER 23, 2008 ITEM # 2 - EXTRACT FROM GENERAL COMMITTEE MEETING NO. 08-29 HELD ON TUESDAY, SEPTEMBER 16, 2008 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 1311-10-08 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 -25- COUNCIL - SEPTEMBER 23, 2008 STEM # 3 - 1 TOWN OF AURORA ACJR97RA COUNCIL REPORT No. LS08-044 SUBJECT: Roof Installation for Church Street School Cultural Centre FROM: Allan Downey, Director of Leisure Services DATE: September23, 2008 RECOMMENDATIONS THAT Council receive this report as information regarding the method for replacing the asphalt shingle roof at 22 Church Street. BACKGROUND In October 2007 the Town of Aurora retained Pinchin Environmental and Building Science Group to perform a moisture infiltration report for 22 Church Street. This report indicated thatthatthe asphalt shingle roof was in need of replacement. Council approved $80 000 as a part of the Capital Works Budget for the renovation of 22 Church to replace the asphalt shingle roof. This amount accounted for some plywood substrate replacement if needed, upgraded 30-year shingles, and upgraded underlaymentlice and water shield. Upon further investigation and specification development it has been determined that only limited replacement of plywood substrate may be required. Town staff and Registered Roofing and Building Science consultants Technical Support Service performed the specifications for tender in September 2008 in consultation with the Ontario Heritage Trust, The Town of Aurora awarded tender LS 2007-92 for the renovation of 22 Church Street to Rutherford Construction Limited (RCL) in December2007. RCL commenced construction on the facility in January 2008. Insurance regulations and Ministry of Labour Occupational Health and Safety Construction Regulations restrict the Town of Aurora from awarding a separate contract for work at the 22 Church Street site while Rutherford Construction Limited has assumed the site. Town of Aurora staff have submitted the tender specifications to Rutherford Construction to have the work quoted and completed in 2008 priorto the late fall and winter months and to avoid any conflicts with warranty, health and safety or insurance issues that may result from two separate contractors performing work at the building. -26- COUNCIL - SEPTEMBER 23, 2008 JITEM# 3-2 ber 23, 2007 - 2 - Report No. LS08-044 COMMENTS Rutherford Construction Limited released the specifications provided by the Town of Aurora for competitive bids and the lowest bid of three including taxes (GST), site fencing, safety precautions, clean-up, grounds repairs if needed, general contractors fee and supervision was $48 953.46. Town staff will be proceeding with the asphalt shingle replacement at 22 Church Street in October 2008 to prevent further deterioration of the roof structure and to avoid any conflicts between the general contract for building renovations and a separate roofing contract. Town staff will be awarding the asphalt shingle roof replacement to Rutherford Contracting Limited by way of a contemplated change order for the complete removal and re -installation of the asphalt shingle roof and coordinating this work with substantial completion of the building by the end of October 2008. OPTIONS To proceed with roof replacement by Rutherford Construction Limited in 2008 by way of contemplated change order. Tender roof replacement for completion in spring 2009 once Rutherford Contracting has left the site. FINANCIAL IMPLICATIONS Council approved $80 000 as a part of the Capital Works Budget for the renovation of 22 Church Street to replace the asphalt shingle roof. The complete removal and replacement of the asphalt roof is quoted at $48 953.46 including taxes (GST), for complete removal of existing asphalt shingles, installation of underlayment and new 30-year shingles, site fencing, safety precautions, clean-up, grounds repairs if needed, general contractor's fee and supervision. CONCLUSIONS That council be informed of staff's intentions and process to replace the roof at 22 Church Street. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. - 27 - COUNCIL - SEPTEMBER 23, 2008 STEM # 3 3 September 23, 2007 - 3 - Report No. LS08-044 Objective 131: Continue the commitment of fiscal responsibility and accountability. Objective D2: Enhance customer service. Objective 133: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making. ATTACHMENTS NlA. PRE -SUBMISSION REVIEW , Prepared by. Aaron Karmazyn, Manager Facilities & Property - Ext. 4323 Allan Downe Director of Leisure Services -28- COUNCIL - SEPTEMBER 23, 2008 JITEM # a - AukTOWN OF AURORA COUNCIL REPORT No. FS08-043 SUBJECT: Church Street School Cultural Centre Capital Project Update FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: September 23, 2008 RECOMMENDATIONS That Financial Services Report No. FS08-043 be received, and That the Director of Leisure Services advise Council where in the Church St. School Cultural Centre they can reduce the project by $37,500 to cover the deficit. BACKGROUND In accordance with the report presented by the Grant Thornton on Capital Projects - - Tendering, Budgeting, Communication.and Completion Process, Recommendation 2 stated in part: Is should be a requirement that the department report to Council at the earliest time when it has been. determined that a project will exceed the Council approved budget. Such reporting should explain as a minimum why and where a project is exceeding budget. Attachment #1 is a financial statement for the Church St. School Cultural Centre project to August 29, 2008 and includes the recommendations from Leisure Services that will be presented at this meeting pertaining to the repairs to the Roof and the potential savings to budget. COMMENTS At the time of producing this report there is a projected deficit that will require Council's.Direction. OPTIONS 1. As stated in the recommendations of this report. 2. That the Director of Leisure Service advise Council what Leisure Service Capital Projectthe $37,500 Church Street School Cultural Centre projected deficit could be taken from. 3. That the deficit projected in this report be taken from the Municipal Capital -29- COUNCIL - SEPTEMBER 23, 2008 ITEM # September 23 2008 - 2 - Report No. FS08-043 Discretionary Reserve Fuhd which has a projected balance for 2008 of $1.7 million. FINANCIAL IMPLICATIONS When you review Attachment #1 the report is broken down into 5 Columns, these being: Actual Costs to August 29, which reflects all the bills that have been paid to August 29. Projected to Completion represents costs that are known such as items included in contract, and the items in red reflect those items that a budget was establishedfor but have either no expenditures to date or have not been tendered. Estimated Total Project is the sum of the first two columns. Budget is the budget that was established by Council at your meeting of April 7; 2008 a copy of which is attached hereto as Attachment #2. Surplus/(deficit) represents the line items and their expected balance at the end of the project. The end results are that at the present time our projected deficit is $37,425.. Council has to make some decisionson this project to advise staff where the deficit required to complete the project are come from. In this regard you have the decision to find the additional funds required from another source and if this were your preferred choice we would suggest that the funds come from a Reserve Fund. The second option is to cut back on this project or another project to save the necessary money to cover the deficit. If you decide to cutback we would suggest that you look first at this projector a project initiated by the department responsible for the deficit, which in this case is the Leisure Services Department. The auditors are suggesting this as we must start making the department responsible for the deficit and to fund the deficit, otherwise there is no consequence for a department being over budget. If it is Council's decision to scale down this project to find the money, you can look at all of the items in red, these are items that were included in the original budget but have yet to be started. One caution we would have in reducing an item in red it may impact the subsidy provided by the Federal Government and could reduce our grant to below the threshold to obtain the maximum subsidy, resulting in a need to refund some of the money received from the Federal Government. CONCLUSIONS In accordance with Council's direction we are advising Council when it is known that we might be in a deficit.position on a project. -30- COUNCIL-,SEPTEMBER 23, 2008 1 TEM # 4 - 3 September 23, 2008 - 3 - Report No. FS08-043 LINK TO STRATEGIC PLAN Goal "A" — To. Maintain a Well Managed and Fiscally Responsible Municipality. ATTACHMENTS Attachment #1. -- Capital Project report to August 29, 2008 Attachment #2 -- Excerpts from minutes of April 7, 2008 with the approved Church St. School Cultural Center approved budget. PRE -SUBMISSION REVIEW Management Team — September 16, 2008 Prepared by: L. John Gutteridge, ext. 4111 L. Joh tteridge Al Downey Director of Finance/Treasurer Director of Leisure Services -37- COUNCIL - SEPTEMBER 23, 2008 4-4 -32- COUNCIL - SEPTEMBER 235 2008 ITEM # ATTACHMENT #1 22 Church St. Actual Projected to Estimated Approv Surpusf Aug 29 Completion Total Project Budget (Deficit) Expenditures Orlginml Project Contract (Rutherford) Per L807-047 $ 1,469,176 $ 726.232 $ 2,184.408 $ 2,029,966 $ (154.452) Contingency $ - $ - $ 188,126 $ 108,126 Mlsc $ 544 $ 644 $ (544) - Fire Surpression $ 20.729 $ 20,729 $ 20.729 Sub Total Contract $ 1,480.449 $ 726,232 $ 2,206,681 $ 2,218,081 $ 12,400 Other Project Costs Architects - $ 63,325 $ 46,175 $ g8,500 $ 41,006 $ (57.404) Coppola (belfry) $ 29,706 $ 12,734 $ 42,436 $ 42A35 $ Mold Assessment $ 26,228 $ 25,228 $ 9,712 $ (15.516) Inspecuans. $ 102 $ 1,902 $ (1,902) Adminlsba8on $ - $ - Taxes $ 164A62 $ 154,452 Sub Total Other $ 110160 $ 57 006 188066 $ 24]695 $ ]8629 ' Consultants(Stmt Plan) Total Approved by Council Items Included in Grant Now HVAC(Base Case 2) 8 60,900 $ 142,100 $ 203,000 $ 203.000 S - Additional Forming and Millwork $ - $ 9.000 $ 9.000 $ 91000 $ - Improved Lighting Fixtures MUW Purpose Room $ 4.477 $ 4.477 $ 51000 $ 523 Picture Hanging Rails ; $ 6.000 $ 5,000 $ 51000 $ - Picture Hanging Rails Basement $ 16.000 $ 16,000 $ 16,000 $ - Now Moulding lnMuIVPurpose Room $ - $ 01000 $ 91000 $ 8,000 $ - Flxlure $ $ 10,400 $ 10,400 S 10,400 $ - Fixtum $ - $ 10,300 $ 10.300 $ 10,300 $ - Store Front Fmming $ - $ 12,000 $ 12.000 $ 12,000 $ - InledorStarm Windowa $ 9,000 $ 171,000 $ 160,000 $ 180,W0 $ - RdlerShades $ 260 $ 4.940 $ 8.200 $ 5,200 $ Grant It... $ 9D,83 $$ 373740 $ 461377 $ .461960 $ 523 Other Items (Costs Incurred After August 29) Tender Doome.me $ Voli S 3.nm $ 3761 $ (0) Advertising Tender $ 662 $ 682 $ 082 $ (0) Pnoeet Management Consultant (done In house) $ $ - $ , HVAC Revlew LS07-028 $ - $ 10,000 $ 10,000 $ W,000 $ - Sound System and SWgs $ - $ 100,000 $ 100,000 $ 100,000 $ - Furniture $ - $ 75,000 $- 75,000 $ 75,000 $ - Displaycasemlllwork $ - $ 138.000 $ 135.000 $. 135.000 $ - Teleconference Equipment , $ - $ - Pmmium after hours Mechanical $ - $ - Prenlium after hours Electrical $ $ Audit Costs $ _ $ - Administralion Expense $ $ Other items $ 4,443 nUODO $ 324,433 $ 324,443 $ 0 Additional Items Addllionol Abalementaf Asbestos $ 18,210 $ - $ 18,210 $ 18,210 $ Repairs to Slone Foundation Wall $ 641096 $ 23.184 $ 77,280 $- 52,000 $ (15,280) Buick repolm and replacement $ - $ 20,000 $ 23,000 Repairs to damaged SnIOt and Fuels $ 11,866 - $ 11.868 $ 5,000 $ (8,686) Repeircracks to all windows ontl sills, and broken glass $ 27,784 $ 27,78K $ 060 $ (18924) Foundation Repairs to male bolding $ 162.955 $ 162,955 $ 141,200 $ (21,755) Alarm System $ $ - AdditionalTestingandmspections $ 2,280 $ 720 $ 3.WO Mechanical Closet $ 1.629 $ 1,629 $ 3,258 $ (3,258) Floor Drains $ 9,279 $ 9,279 - $ (0279) Regroureing Main SmIce $ 1.636 $ 1.530 $ (11536) Condul[ for Main Telephone Service $ 1.970- $ 1,970 $ (1,970) Reason Lighting Changes $ - $ 4,477 $ 4,477 $ (4,477) Came, Free Toilets $ - $ 2.740 $ 2,740 $ (2,740) Window Repalm $ - 8 27784 $ 27764 $ (27,784) Basement Partition Plan $ 91660 $ 3.186 $ 12,744 $ (12,744) Roof Hatch $ $ 10.603 $ 10,603 $ (10,603) Addition of Foundption Wag $ 17.913 $ 17,973 $ (17,973) Basement Floor Finish $ $ 7,657 $ 7,657 $ (7,657) Fxcoeding Cash Allowance $ - $ 325. $ 325. $ (325) Rof rs, and So0lt Works $ - $ 11.868 $ 11.858 $ (11.868) Deadlml,e B Hardware for Seven Aluminum Doors $ - $ 5,413 $ 6.413 11 (6,413) New Roof 49.000 $ 49,000 $ 80000 $ 31000 Additional Items $ 319,138 $ 146.585 $ 467724 $ 338270 $ T '4141 Projected Expenditures $ 2,004,8281 $ 1,825.4641 $ 3630291 1 $ 3593389 $ (38902) -33- COUNCIL - SEPTEMBER 23, 2008 ITEM -34- COUNCIL - SEPTEMBER 23, 2008 . ITEM # ATTACHMENT-2 NI DELEGATIONS None Councillor Buck arrived at 7:10 p.m. IV MATTERS FOR CONSIDERATION 1. LSOB-016 —Aurora Heritage Centre (deferred from March 31, 2008 Special General Committee meeting) (attachments pertaining to the HVAC System have been emitted, as that matter was addressed at the March 31, 2008 Special General Committee meeting) General Commlttee recommends: THAT all the works shown in the summary chart listed below be included in the Aurora Heritage Centre. renovations to achieve a $0.00 cost of the project Expenditures Original Project -- - - Contract (Rutherford) Per LS07.047 T95 1,734,6 1 Contingency 188,126 1 - Project Costs ;cts $ 41,096 1 ila (belfry) $ 42,435 1 1 Sub Items Included in Grant New HVAC (Base Case 2) $ 498,000 Additional Framing and Millwork $ 9,000 Improved Lighting Fixtures Muh Purpose Room $ 5,000 Picture Hanging Rails $ 5,000 Picture Hanging Rails Basement $ 16,000 New Moulding In Multi Purpose Room $ 9,000 Fixture $ - 10,400 Fixture $ 10,300 Store Front Framing - $ 12,000 Interior Storm Windows $ 180,000 Roller Shades a __- r Items (Costs Incurred After August 17 or Documents $ 3.761 rtising Tender $ 682 Assessment $ 9,712 of Management Consultant (done in house) $ - Review LS07-028 $ 10,000 d System and Stage $ 100,000 lure $ 75,000 Ay case millwork ,$ 135,u00 onference Equipment ium after hours Mechanical ium after hours Electrical Costs Other Items $�— 334,155 COUNCIL - SEPTEMBER 23y 2008 ITEM # Additional Items Addltlonal Abatement of Asbestos $ 18,210 _ Repairs to Stone Foundation Wall $ 62,000 Brick repairs and replacement $ 23,000 Repairs to damaged Soffit and Facia $ 5,000 Repair cracks to all windows and sills, and broken glass $ 8,860 Foundation Repairs to main building $ 141,200 . Alarm System $ - New Roof _ $ 80,000 Additional Items $ 338,270 $ 1,432,325 Projected Expenditures $ 3,693,390 Revenue Town of Aumra $ 2,510,500 Town of Aurora (StratlOus Plan) 2 Church St, School Qiscretionary Reserve Fund $ 82,890 _ Cultural Spaces Grant $ 750,000 Municipal Capital Reserve $ 76,000 Capacity Building for -Arts and Heritage Organizations Grant $ - Estate of Margaret Brevik $ 155,000 Belinda Stronach Donation $ 5,000 Aurora Historical Society $ 15100o Projected Revenuel $ 3,59.3,390 Projected Surplus!(Deficit) $ o CARRIED 2. Memorandum from the Chief Administrative Re: Calendar of Stiff Initiative Events - 2007 and Preliminary Calendar - 2008 (deferred from March 31, 2008 Special General Committee meeting) Genera! Committee recommends: THAT the calendar of staff initiative events — 2007 and preliminary calendar-2008 be received for information. CARRIED 3. Memorandum from the Chief Administrative Officer Re: Staff Justifications — Economic Development Division WITHDRAWN -36- COUNCIL - SEPTEMBER 23, 2008 ITEM # - Adoption of Recommendations from Closed Session Meeting September 16, 2008 THAT the recommendations from the Closed Session Meeting held on September 16, 2008 regarding the following matters be approved: Property Matter— Stronach Aurora Recreation Centre Payment of Bulkhead Repairs Property Matter — Stronach Aurora Recreation Centre Delay Claim Support Services Property Matter— Sale of Unopened Road Allowance — Park St. Labour Relations Matter — Update on the Dir. of Corporate Services Recruitment - 37 - COUNCIL - SEPTEMBER 23, 2008 ITEM # s - Stantec Consulting Ltd. 361 Southgate Drive Guelph ON N1 G 3105 Tel: (519) 836-6050 Fax: (519) 836-2493 Stantec September 11, 2008 File: 163806040 Town of Aurora BobPanizza 1 Municipal Drive Box 1000 Aurora ON L4G 6J1 Dear Mr, Panizza: Reference: Northland Power Inc. — Proposed Town of Aurora Peaking Generation Station Notice of Second Public Information Session Northland Power has retained Stantec Consulting Ltd. ("Stantec") to prepare an Environmental Review Report ("ERR") for the proposed Town of Aurora Peaking Generation Station, as required by Ontario Regulation 116/01 of the Environmental Assessment Act, The Town of Aurora Peaking Generation Station, a 340-400 MW gas -fired "peaking" station (the "Project"), will be located on a site located at 1166 Bloomington Road in the Town of Aurora. The project is being developed to respond to the need for electrical generating capacity in northern York Region as identified by the Ontario Power Authority, in its Integrated Power System Plan released in August, 2007. A first public information session was conducted in June 2008. Additional studies and project Information have been amassed through continued project development and agency, stakeholder, First Nation, landowner, and public consultation. As part of the Environmental Screening Process, Northland Power will be holding a second public information session to display information that has been collected for this Project to date, and provide the public, agencies, stakeholders, First Nations, and landowners with further opportunities to ask questions and comment on the project. Information regarding the public information session is as follows: Howard Johnson Hotel Wellington Room (I, II & ill) 15520 Yonge Street Aurora, Ontario Monday, October6, 2008 4:00 — 9:00 PM The public information session and ongoing consultation activities are designed to ensure that any comments or concerns you have are identified early in the planning process and enable us to consider them as part of the project design. The attached Notice of Public Information Session was published in the September 22, 2008 and September 29, 2008 editions of the Auroran and provides contact information for Northland Power. . -38- COUNCIL - SEPTEMBER 23, 2008 Stantec September 11, 2008 ITEM # s-2 Reference: Northland Power Inc. —Proposed Town of Aurora Peaking Generation Station Notice of Second Public Information Session Northland Power would IIke to take this opportunity to extend our thanks for your participation in this energy initiative and we invite you to contact Northland Power at the address/e-mail listed in the Notice or Stantec at the number noted below. Sincerely, TANTEC CQNSULTING LTD: David P. Wesen a E.S. 9 Senior Project Manager Tel: (519) 836.6050 Fax: (519) 836-2493 d avi d.wese nger@stantec.com Attachment: Notice of Second Public Information Session -39- COUNCIL - SEPTEMBER 23, 2008 JITEM # t Northland Power Inc. ("Northland") is preparing to bid its proposed Town of Aurora Peaking Generating Station, a 340-400 MW gas - fired -peaking" station (the -Project-) to the Ontario Power Authority (°CP9). The OPA has launched a competitive bidding process to respond to the need for electrical generating capacity In northern York Region Identified by the OPA, In Its Integrated Power System Plan released on August, 2007. Northland's site is located at 1166 Bloomington Road In the Town of Aurora (see map). Power generated from the Project would be delivered to a 230 kV Hydro One transmisslon line In southern Newmarket via 7 - 10 km of burled 230 kV cable, that will be aligned along either an existing Hydro One tmnsmlsslon dne right of way or along reglonol roads In Aurora. The proposed Project will use state-of-the-art low emission, high efficiency technology, The proposed Project is subject to the Ontaro Environmental AssessmentAct(the"Act') and Regulation 116/01. Underthis Act and its supporting regulations, the Project will be subject to an environmental screening (conducted In accordance with the Category "B- environmental review stage) that requires: examining the Projects potential impacts on the environment including land, air, water, and nolse; developing suitable measures to mitigate potential impacts; and conducting public consultation. A hrst public informatlon session was conducted in June 2008. Additional studies and project information have been amassed through continued project development and agency, stakeholder, First Nation, landowner, and public consultation. As part of the Environmental Screening Process, Northland Powerwlll be holding a second public information session to display Information that has been collected for this Project to date, and provide the public, agencies, stakeholders, First Nations, and landowners with further opportunities to ask questions and comment on the project. The public information session Is scheduled as follows: Howard Johnson Hotel Wellington Room (I, SI & III) 15520 Yonge Street Aurora, Ontario Monday, October 6, 200S 4:00 PM - 9:00 PM For more information about the need for electricity supply in northern York Region and the Ontario Power Authority's Northern York Region electricity generation procurement process, visit: http://v4ww.powerauthority,on.co%gp/ Page.asp9PagoID=1224&51teNodeID=182&13L_ExnandID=271 For more Information about the Ontario Ministry of the Environment's Regulation 116/01, "The Guide to the Environmental Assessment Requirements for Electricity Projects (March 2001), visit: http://www.ene,gov.on.ca/envision/Up/4021e.pdf Additional public information sessions will also be held in East Gwllllmbury and King City. To obtain additional information about these sessions, the project proposal, or to advise Northland of concernsyou may have, visit the northern York Region link on our website at www.northlandpowenca/yr, and/or contact: Jim Mulvale David Wesenger Environmental Engineer Senior Project Manager Northland Power Inc. Stantec Consulting Ltd, 30 St. ClaIrAve. West, 17th Floor 361 Southgate Drive Toronto,Ontarlo M4V3A2 .�. Guelph,0mario N1G3M5 Phone: 416962-6262x 112 1001114iLk7. Phone:519-836-6050 Fax: 416962-6266 Fax:519-836-2493 Email: jlm@northlandpowecca Email: david.wesenger@stanteccom Information will be collected and used in accordance with the Environmental Assessment Act, and solely for the purpose ofassisting Northland Power in meeting environmental assessment and local planning requirements. This material will be maintained on file for use during the study -40- COUNCIL - SEPTEMBER 23, 20011 ITEM # 7-1 Au7 oRA. TOWN OF AURORA COUNCIL REPORT No. FS08-044 SUBJECT: Space Planning Project FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: September 23, 2008 RECOMMENDATIONS That Financial Services Report No. FS08-044 be received; and That the purchase order for Mayhew and Associates be increased by $9,000. to include the cost of preparing Cad Drawings of Town Hall; and That the money for the additional work come from the project budget.. BACKGROUND As Council is aware with Report No. FS08-031 we appointed the firm of Mayhew and Associates Inc. to complete a Space Needs analysis for Town Hall, Scanlon Court and the Hydro Building. During the tender preparation stage we advised the perspective bidders that we required Cad Drawing done for the Scanlon Court Properties but we were under the impression that we had Cad drawings of Town Hall for their use. Now that Mayhew is working on the project we have been unable to produce the Cad Drawings for Town Hall as we have determined that the building was an as built building and Cad Drawings were probably never done. Further to this there have been significant changes to Town Hall since the building was complete that have not been captured on any drawings. COMMENTS As a result of not being able to produce appropriate Cad Drawings for Town Hall Mayhew is unable to complete the work contracted for the Town Hall portion of the project as contracted. Mayhew has indicated that they can still produce a report with recommendations but it will not be in the detail contracted. In order for them complete the project as contracted they will require cad drawings of Town Hall and this will result in addition costs, if Council approves the additional costs this evening Mayhew has indicated that they should still complete the project on time. Unfortunately this was not known sooner as we thought that we had up to date Cad drawings of Town Hall and Mayhew has completed all of the background work for Town Hall and are ready to plot the information on the Cad drawings. -41- COUNCIL - SEPTEMBER 23, 2008 ITEM # - 2 September 23 2008 - 2 - Report No. FS08-043 OPTIONS 1. As stated in the recommendations of this report. 2. That we donot contract with Mayhew to do the Cad drawings for Town Hall portion of the project. The problem with this option is that we will still have to pay the largest portion of the contract cost as they on the work on the assumption that we were to produce the appropriate Cad drawings. They could still produce a final report but it will not be in the detail that we contracted for. 3. That we contract with another firm to produce the cad Drawings required. FINANCIAL IMPLICATIONS Mayhew and Associates have provided us with a quote to complete the appropriate Cad drawings of $9,000.. There is money in our Capital Project No. 14022 Office Redesign — Town Hall which has a budget of $803,845. of which the Consulting Portion was estimated to be $75,000.. If you approve this additional work it will bring the cost of the contract with Mayhew and Associates. to $58,850. plus expenses. CONCLUSIONS Unfortunately there was an error in the information that we provided the Consultants and we were led to believe that we had the appropriate Cad drawings. We are too far along on this project to turn back and need these drawings to complete the task as contracted. Mayhew can still produce a report on the data they have collected but it will not be in the detail that was contracted for. The only other way we can get the drawings is to have another Company complete them but getting another company to do the work will delay the project even further. Further by having Mayhew do the drawings we are assured that they will capture the information required for proper presentation of their report. LINK TO STRATEGIC PLAN Goal "A" — To Maintain a Well Managed and Fiscally Responsible Municipality. PRE -SUBMISSION REVIEW Management Team —September 16,, 2008 Preparegfby: L. John Gutteridge, ext. 4111 L. Joh Gutteridge Director of Finance/Treasurer -42- COUNCIL - SEPTEMBER 23, 2008 �ITEM# 8-1 TOWN OF AURORA AuR_ORA GENERAL COMMITTEE REPORT ND.CS08-036 SUBJECT: Code of Conduct for Members of Council, Advisory Committees and Sub -Committees - Update FROM: Bob Panizza, Director of Corporate Services DATE: September 23, 2008 RECOMMENDATION THAT report CS08-036 be received for information; and THAT the Aurora Public Library Board be requested to prepare a Code of Conduct for the members of the Aurora Public LibraryBoard; and THAT staff develop a Code of Conduct for Members of the Committee of Adjustment to.ensure compliance with the necessary requirements of the Planning Act; and THAT those who have not submitted a signed copy of the Code of Conduct for the Members of the Advisory Committees be provided one last opportunity to submit the required documentation by October 14, 2008; and THAT Council provide direction for those who have not submitted their documentation after that date. BACKGROUND At the August 12, 2008 Council meeting Council directed staff as follows: THAT staff report back to the September,23, 2008 Council meeting if any Councillors or advisory committee members have not signed the Code of Conduct. COMMENTS It can be confirmed that all Members of Council with the exception of one have submitted their executed copy of the Code of Conduct for the Members of Council. -43- COUNCIL - SEPTEMBER 23.12008 JITEM # s-2 September 23, 2008 -2- Report No. CS08-036 On July 14, 2008, copies of the Code of Conduct for Members of the Advisory Committee were sent out to all advisory committee and sub -committee members requesting that a signed copy be returned to the Town Clerk. Reminder letters were sent out on September 2, 2008 to the members who had not submitted their signed documents. As of September 18, 2008 there are outstanding documents for the advisory committees. ADVISORY COMMITTEE MEMBERS NON- NUMBER OF MEMBERS COMPLIANT Council/General Committee 1 9 Accessibility Advisory 0 3 (one citizen vacancy) Committee Arts and Culture Advisory _ 1 5 (one citizen vacancy) Committee Economic Development 3 6 Advisory Committee Environmental Advisory 1 8 Committee Heritage Advisory Committee 2 7 Leisure Services Advisory 3 6 Committee Canada Day Parade Sub- 3 5 (members for 2009 Committee appointed September 9, 2008 Codes of Conduct to be provided to the committee Traffic Safety Advisory 2 6 Committee Correspondence was received from the Chief Executive Officer regarding the Code of Conduct as pertaining to the Members of the Aurora Library Board. Section 223 (1) of the Municipal Actdefines local boards, however; as notedbelow a board established underthe Public Libraries Act is not considered a local board according to this section of the Municipal Act. "local board" means a local board other than, (a) a society as defined in subsection 3 (1) of the Child and Family Services Act, (b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, (c) a committee of management established under the Homes for the Aged and Rest Homes Act, -44- COUNCIL - SEPTEMBER 23, 2008 ITEM # September 23, 2008 - 3 - Report No. CS08-036 (d) a police services board established under the Police Services Act, --'-► (e) a board as defined in section 1 of the Public Libraries Act, (f) a corporation established in accordance with section 203, (g) such other local boards as may be prescribed; ("conseil local") Therefore, the CEO of the Aurora Public Library has advised the Director of Corporate Services that, at the September 17, 2008 Board meeting, the .Library Board would be considering the development and adoption of a Code of Conduct for the Members of the Aurora Public Library Board. Upon reflection of the matter, staff has also determined that a separate Code of Conduct should ge developed for the Members of the Committee of Adjustment as the committee was established by the authority of the Planning Act, as amended and have different jurisdictional responsibilities to that of regular advisory committees. Staff will therefore report bact to Council when that has been completed. OPTIONS 1. Recommendation set out in this report. 2. THAT Council provide direction on the matter of non-compliance of those members of the advisory committees who have not submitted executed copies of the Code of Conduct for Members of Council, Advisory Committees and Sub -Committees. FINANCIAL IMPLICATIONS Minimal costs would be incurred should further correspondence and/or advertising be required to fill positions that may become vacant on any of the advisory committees. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens Objective D1: Continue the commitment of fiscal responsibility and accountability -45- COUNCIL - SEPTEMBER 23, 2008 ITEM # s-4 September 23, 2008 - 4 - Report No. CS08-036 Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making Objective D4: Create a respectful environment that fosters team work and open dialogue, consistent with a Character Community. These Objectives acknowledge the responsibilities required by governance that contribute to informed and involved citjzens. ATTACHMENTS Attachment #1 — List of Members of the Council, Advisory Committees and Sub - Committees who are non -compliant to the Code of Conduct Policy. PRE -SUBMISSION REVIEW Director of Corporate Services/Acting Chief Administrative Officer— September 19, 2008 Prepared by: Karen Ewart, Manager of Administration/Deputy Clerk ext 4229 Bob raVh7za Director of Corporate Services/Acting CAO -46- COUNCIL - SEPTEMBER 23, 2008 ITEM # 8-s CODE OF CONDUCT FILED Title FirstName LastName Committee YES Mayor Phyllis Morris Council YES Councillor Bob McRoberts Council YES Councillor Evelina MacEachern Council YES Councillor Wendy Gaertner Council YES Councillor Ste hen Granger Council YES Councillor Allison Collins-Mrakas Council Councillor Evel n Buck Council YES Councillor Al 1wilson Council YES Councillor John lGallo Council YES Mr. John Lenchak Accessibility Advisory Committee YES Mrs. Catherine Couchman Accessibility Advisory Committee YES Ms Ann Baden Accessibility Advisory Committee YES Ms Jackie Bennett Arts & Culture Advisory Committee Ms Nadine Raymond Arts & Culture Advisory Committee YES Ms Jo-anne Spitzer Arts & Culture Advisory Committee YES Ms Helen . Roberts Aurora Historical Society Arts & Culture Advisory Committee Mr. Michael Thompson Aurora Public Library Board Mr. Geoffrey Dawe Aurora Public Libray Board Mr. Milton Hart Aurora Public Library Board Mr. Charles Levine Aurora Public Library Board Ms KathyBanks Aurora Public Library Board Ms Elizabeth Bishenden Aurora Public Library Board Mr, James Beechey Gommittee of Adjustment YES Ms Lisa Cruickshank Committee of Adjustment Mr. Hank Gosar Committee of Adjustment Mr. Walter Mestrinaro Committee of Adjustment Mr. William Warner Committee of Adjustment -47- COUNCIL- SEPTEMBER 233,2008 ITEM CODE OF Title FirstName Lastl Committee CONDUCT FILED YES Mr. Christopher Ballard Economic Development Advisory' Committee YES Mr. Bryan Black Economic Development Advisory Committee YES Mr. Kent Dinning Economic Development Advisory Committee Mr. Angelo Giannetta Economic Development Advisory Committee Mr, Bryan D. Moir Economic Development Advisory Committee Mr. Geoffrey Dawe Economic Development Advisory Committee NIA Councillor John Gallo Environmental Advisory Committee YES Mr. Barnes Environmental Advisory Committee YES Mr. Cook Environmental Advisory Committee YES Ms FPeter Cooper Environmental Advisory Committee YES Ms Marshall Environmental Advisory Committee YES Mr. Piersol Environmental Advisory Committee YES Mr. David Tomlinson Environmental Advisory Committee YES Ms Susan Walmer Environmental Advisory Committee Mr. Richard Wizemann Environmental Advisory Committee YES Mr. Andries Godschalk Heritage Advisory Committee of Aurora YES Mr. Bill Newman Heritage Advisory Committee of Aurora Mr. Stan Rycombel Heritage Advisory Committee of Aurora Ms Lynne McKenzie Heritage Advisory Committee of Aurora YES Ms Donna Smith Heritage Advisory Committee of Aurora YES Ms Jacqueline Stuart Heritage Advisory Committee of Aurora YES Mr. John McIntyre Heritage Advisory Committee of Aurora - Honourary Member - 48 COUNCIL - SEPTEMBER 23, 2008 ITEM # 8 CODE OF CONDUCT FILED Title FirstName. LastName Committee Mr. John Clement Leisure Services Advisory Committee Ms Margaret Kingerski Leisure Services Advisory Committee YES Mr. Michael Levesque Leisure Services Advisory Committee YES Mrs. Judy Norwell Leisure Services Advisory Committee YES Mr, Kenneth Whitehurst Leisure Services Advisory Committee Ms Carol Walthers Leisure Services Advisory Committee - Sports Council Representative YES Ms Carolyn Barclay Canada Day Parade Ms Sandra lHumfryes Canada Day Parade Ms Marilyn McCart Canada Day Parade Mr. Frank Mete Canada Day Parade YES Ms Sher St. Kitts Canada Day Parade Mr Klaus Wehrenberg Trails Sub -Committee N/A Councillor John Gallo Environmental Advisory Committee N/A, Councillor Stephen Granger Traffic Safety Advisory Committee YES Mr. Brett Cole Traffic Safety Advisory Committee YES Mr. Rino Roncadin Traffic Safety Advisory Committee Mr. Mike Walters Traffic Safety Advisory Committee YES Mr. Dave Watson Traffic Safety Advisory Committee Mr. Horst Wizernann Traffic Safety Advisory Committee YES Mr. Carmen Zembri Traffic Safety Advisory Committee -49- 23, 2008 -1 ASL P`operties Ltd. c)wnao(gLr THE CORPORATION OF THE TOWN OFAURORA �r d t'3; By-law Number 5066-08.D a BEING A BY-LAW fo amend By- law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (Part Lot 60, Concession 1 EYS, File: D14-14-07) WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by- law 2213-78 being the Zoning By-law, as amended; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 2213-78, as amended: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY -ENACTS AS FOLLOWS: THAT' the zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this. By-law, is hereby amended from "Restricted Industrial (MI -A) Exception Zone" to "Restricted Industrial (M1-14) Exception Zone". 2. THAT the following be added as Section 25.4.16 "Restricted Industrial (M1-14) Exception Zone". 25.4.16 "RESTRICTED INDUSTRIAL (M1-14) EXCEPTION ZONE" (5066-08.13) 25.4.16.1 Uses Permitted - warehouses and industrial uses including food processing establishments, light metal products plants and printing establishments, contractors yard, lumber yard, machine or welding shop, plumbing shop, saw or planing mill, or sheet metal shop,. however not including any obnoxious use - ancillary retail in accordance with the provisions of Section 6.50 - commercial self storage facilities - data processing centres - fitness centres, recreation centres and private clubs provided that no part of the building in which such uses are located is used for any commercial self - storage facility, warehouse or industrial use - business and professional offices, excluding medical repair shops, light research labs trade schools -50- - SEPTfMBER 23, 2008 By-law-50g6 - 2 25.4.16.2 Zone Requirements 25.4.16.2.1 Lot Specifications In accordance with Section 25.2.1 with the exception that the minimum lot frontage shall be 25.0 metres. 25.4.16.2.2 Siting Specifications In accordance with Section.25.2.2 25.4.16.2.3 Building Specifications In accordance with Section 25.2.3 26.4.16.3 Parking Structure: The parking structure shall be permitted as on accessory building and shall only be used for the parking of motor vehicles. - The minimum Interior side yard setback for the parking structure shall be 2.0 metres. Notwithstanding the provisions of Section 6.2.2 with respect to the rear yard setback, the minimum rear yard setback for the parking structure shall be 0.60 metres. 25.4.16.4 Outside Storage In accordance with Section 25.3 25.4.16.5 The provisions of Section 6.31 with respect to the buffer strip shall not apply. 25.4.16.6 Notwithstanding the provision of Section 6.26 with respect to the manoeuvring space, the minimum required manoeuvring. space shall be 6.5 metres for 90 degree spaces. 3.. THAT no part of this By-law will come into force until the provisions of the Planning Act have been compiled with, but subjectto such provisions the By-law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS 23'd DAY OF SEPTEMBER, 2008. READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF SEPTEMBER, 2008. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, TOWN CLERK -51- COUNCIL - SEPTEMBER 23, 2008 By4aw-5066 - 3 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part ofl-ot 2 and 3, Registered Plan 535 THIS IS SCHEDULE "A" TO BY-LAW NO. sou-08.D PASSED THIS _ DAY OF , 2008. B. PANIZZA, TOWN CLERK PHYLLIS M. MORRIS, MAYOR LANDS SUBJECT TO REZONING FROM "MI -A" TO "M1-14" C242' M1-A M C7 M2 RU 1 IELL-INGTOWSTREET EAST] M2 [MIA (�{) C5 2 C5-1 C5-7 C5-3.. M1 0 IY M2-5 m . RA3-5 MI -A cn M2 J �? -Y M2 M1-A 1` 3 i5 M1- M2 - (u A2 ff M2-6 QF MI -Al N � M2 70—M1-A 7 M2 S M1-A SCHEDULE "A" TO BY-LAW NO. 5066-08.13 -52- 23, 2008 -Q Explanatory Note Re: Zoning By-law No. 6066-08.D By-law Number 5066-08.1) has the following purpose and effect: To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, from "Restricted Industrial (MI -A) Exception Zone" to "Restricted Industrial (M1-14) Exception Zone". The amendment will enable the use of the subject lands for a business and professional office use, excluding medical offices. -53- 23, 2008 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5067-06.P BEING A BY-LAW to amend By- law Number 4898-07.P respecting permanent signs within the Town of Aurora. WHEREAS the provisions of Section 99 of the Municipal Act 2001, as amended, permits Council to pass by-laws respecting advertising devices, including signs: AND WHEREAS the Town of Aurora enacted By-law Number 4898-07.P, being the Permanent Sign By-law, under the provisions of the former Municipal Act, AND WHEREAS it is deemed necessary to amend By-law .Number 4898-07.P to include provisions for the Business Park Exception (BP-5) Zone. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT Section 10 — SIGNS PERMITTED IN A BUSINESS PARK ZONE be amended to include the following subsection: 10.2 — Additional Signs Permitted in the Business Park (BP-5) Exception Zone (a) In addition to the wall signs, canopy signs and awning signs permitted in section 5.7(b) and section 8(b) of this bylaw for multi -tenant buildings, each business premise shall be permitted one wall sign. onthebuilding elevation that would otherwise not be permitted to have signage under this bylaw. Such signs shall be a maximum of 0,57 square metres per linear metre of wall face on which they are located and shall not cover more than 15% of the total aggregate wall area on which they are located. (b) Wall signs referred to in section 10.2(a) above shall not be in the form of a standard internally illuminated sign box. Individual illuminated letters are permitted. - (c) In addition to the wall signs, canopy signs and awning signs permitted in section-5.7(c) and 8(b) of this bylaw forsingletenant buildings, each business premise shall be permitted one additional wall signs per elevation that would otherwise not be permitted to have signage under this bylaw. Such signs shall not cover more than 15% of the total aggregate wall area on which they are located. (d) Wall signs referred to in section 10.2(c) above are permitted to be illuminated through an external lightsourceonly. -54- COUNCIL. - SEPTFMBER 23, 2008 By-law-5W - 2 ... ... ...... ........ ..._.._................. By-law 5067-08.P Page 2 of 2 2. THAT the provisions of this By-law shall come into force and be effective upon final passage thereof. - - READ A FIRST AND SECOND TIME THIS 23`' DAY OF SEPTEMBER, 2008 READ THIRD TIME ND FINALLY PASSED THIS 23r0 DAY OF SEPTEMBER, 2008 PHYLLIS M. MORRIS, MAYOR B. PANIZZA, TOWN CLERK -55- 23, 2008 -9 worn ofg4^ THE CORPORATION OF THE TOWN OF AURORA Ono ow By-law Number 5072-08.0 BEING A BY-LAW to establish highways on Plans 65M-3979 and 65M-4075 (St. John's Road Development Corp.) WHEREAS the Municipal Act, 2001, S.O. 2001 as amended, c.25, section 31 authorizes the Council of a local municipality to pass by-laws for establishing a highway and land may only become a highway by virtue of a by-law passed by Council; AND WHEREAS Council desires to establish certain highways; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. That the following lands be established as public.highway by The Corporation of the Town of Aurora: Blocks 211, 213 and 214, on Plan 65M-3979; and Blocks 128, 129, 130, 131. 133, 134, 139 and 140, on Plan 65M-4075, Town of Aurora, Regional Municipality of York 2 That this By-law may be registered in the appropriate Land Registry office on title to the said lands set out in Section 1 herein. 3. That the provisions of this By-law shall come into force and take effect upon third reading thereof. READ A FIRST AND SECOND TIME THIS 231d DAY OF SEPTEMBER, 2008. READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OFSEPTEMBER, 2008. PHYLLIS M. MORRIS, MAYOR -56- B. PANIZZA, MUNICIPAL CLERK 23, 2008 -1 ,�oWn„ot'jv� THE CORPORATION OF THE TOWN OF AURORA od Ali``? By-law Number 5073-08,H BEING A BY-LAW to appoint a Deputy Fire Chief for the Amalgamated Fire and Emergency Services Department. (Robert Comeau) WHEREAS The Town of Newmarket and the Town of Aurora have approved the establishment of one Consolidated Fire and Emergency Service to service both municipalities; AND WHEREAS Section 6 ofthe Fire Protection and Prevention Act, 1997, states that if a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department; AND WHEREAS Section 6 of the. Fire Protection and Prevention Act, 1997, further states that the fire chief may delegate his or her powers or duties under sections 14,19 and 20 and such other powers and duties as may be prescribed to any firefighter or class of firefighters, subject to such. limitations, restrictions or conditions as may be prescribed or set out in the delegation; AND WHEREAS the Joint Committee of Councils approved the appointment of two Deputy Fire Chiefs AND WHEREAS it is deemed necessary to appoint a Deputy Fire Chief to fill the vacancy due to the retirement of the incumbent for the Consolidated Fire and Emergency Service: - BE IT THEREFORE ENACTED THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT Robert Comeau.be and is hereby appointed Deputy Fire Chief for the Consolidated Fire and Emergency Service for the Town of Aurora and the Town of Newmarket and a "member" of the Fire Service as that tern is defined in the Fire Protection and Prevention Act, 1997. 2. THAT Robert Comeau is hereby authorized and required to carry out the duties and actions required in relationto the position of Deputy Fire Chief pursuant to the Town of Newmarket by-laws and Acts of the Legislature. 3, THAT By-law 4901-07,H be repealed READ A FIRST AND SECOND TIME THIS 23m DAY OF SEPTEMBER, 2008. .READ ATHIRD TIME AND FINALLY PASSED THIS 23' DAY OF SEPTEMBER, 2008. PHYLLIS M. MORRIS, MAYOR - 57 - B. PANIZZA, MUNICIPAL CLERK 2352008 gown ofxl, r THE CORPORATION OF THE TOWN OF AURORA a � w` ,&t9)4gj�p,,. By-law Number 5074-08.D BEING A BY-LAW to establish highways on Plan 65M-4037 (Mattamy (Aurora) Limited) WHEREAS the Municipal Act, 2001, S.O. 2001 as amended, c.25, section 31 authorizes the Council of a local municipality to pass by-laws for establishing a highway and land may only become a highway by virtue of a by-law passed by Council; AND WHEREAS Council desires to establish certain highways; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: Thatthe following lands be established as public highway by The Corporation of. the Town of Aurora: Blocks 29 to 32 inclusive and Block 35 on Plan 65M-4037 Town of Aurora, Regional Municipality of York 2. That this By-law may be registered in the appropriate Land Registry office on title to the said lands set out in Section 1 herein. 3. That the provisions of this By-law shall come into force and take effect upon "third reading thereof. READ A FIRST AND SECOND TIME THIS 23`^ DAY OF SEPTEMBER, 2008. READ A THIRD TIME AND FINALLY PASSED THIS 23r' DAY OF SEPTEMBER, 2008. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, MUNICIPAL CLERK -58- IBER 23, 2008 By-law-5( .......... e'Co`^ Pjr"�', THE CORPORATION OF THE TOWN OF AURORA By Number 5075-08,C + BEING A BY-1-AW to Confirm Actions by Council Resulting from Council Meeting 08-25 on September 23, 2008. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the actions of the Council at its meeting held on September 23, 2008 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 23'tl DAY OF SEPTEMBER, 2008. READ A THIRD TIME AND PASSED THIS 23rd DAY OF SEPTEMBER, 2008, PHYLLIS M. MORRIS, MAYOR B. PANIZZA, MUNICIPAL CLERK - 59 - ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING Tuesday, September 23, 2008 ➢ Additional Information related to - Item 2 Memorandum from the Director of Planning and Development Re: September 16, 2008 General Committee Meeting Item #5 PL08-086 - Zoning By-law Amendment and Site Plan Applications ASL Properties Ltd., 16 Industrial Parkway South D14-14-07 and D11-10-08 RECOMMENDED: THAT as a condition of the site plan agreement the Owner shall agree to submit a geotechnical report at the excavation stage for review and approval by the Town of Aurora, which deals with existing subsurface conditions to the satisfaction of the Director of Building Administration and the Director of Public Works. ➢ New Item - 9 Correspondence from Mr. Prakash David of Smart Centres Re: PL08-038—Site Plan Application, Whitwell Developments Ltd. (Smart Centres Phase II) File D11-15-07 RECOMMENDED: THAT Council provide direction on this matter. ➢ New Item -10 (Related to -.Item 1(14)) Correspondence from Ms Elizabeth Crowe, Chair of the Board York Catholic District School Board Re: Request Waiving of Cash -in -Lieu of Parkland Dedication Fee RECOMMENDED: THAT the correspondence from the York Catholic District School Board be received for information. ➢ New Item 11 -AMENDMENT TO THE NOTICE OF MOTION From Councilor Wilson RECOMMENDED: THAT the Director of Finance/Treasurer be directed to develop a policy to address department budget deficits by providing department comments explaining overages/shortages (actual vs./vs. approved budget) for each sub cost centre within the department budget, with the necessary actions to correct stated variance; and THAT these explanations be provided as an attachment to the quarterly summary of operating expense report to Council in a timely manner. yow.e4f,GaodC�y ADDED ITEM' Re. ITEm a. MEMORAND 1M Planning and Development Services 9� V �V� Department Date: September 23, 2008 To: Mayor and Members of Council From: Marco Ramunno, Director of Planning and Development Services Re: September 16, 2008 General Committee Meeting Item #5 - Report PL08-086 Zoning By-law Amendment and Site Plan Applications ASL Properties Ltd. 16 Industrial Parkway South D14.14-07 and D11-10-08 It is recommended that the Recommendations section of the September 13, 2008 General Committee Report PL08-086 be amended to include the additional clause as follows: Recommendation THAT as a condition of the site plan agreement the Owner shall agree to submit a geotechnical report at the excavation stage for review and approval by the Town of Aurora, which deals with existing subsurface conditions to the satisfaction of the Director of Building Administration and the Director of Public Works. Background On September 16th, 2008, General Committee considered a planning report on the above noted matter and recommended: THAT staff bring back to the September 23, 2008 Council meeting, appropriate wording regarding the alternate to the "H" prefix. The Planning report relates to a proposal to develop 16 Industrial Parkway South with a 2 storey business and professional office building as the head office for "Apple Self Storage". As part of the supporting reports for the proposed development the applicant submitted a Supplementary Phase II Investigation dated June 6, 2008 prepared by Bruce A. Brown Associates Limited. The purpose of the investigation was to confirm appropriate standard for soils for the redevelopment of the site and to further investigate concentrations of any volatile organic compounds (VOC's ) (i.e. solvents). Previous soil investigations on the subject lands noted a single marginal exceedance for one parameter. The consultants' report indicates that the appropriate environmental standards for soils would be met during the redevelopment of the site. Conclusion The Planning Department in consultation with the Building Department advise that the added clause to the Recommendations section of the planning report is considered an appropriate alternative to placing an "H" Holding symbol on the zoning of the property. Should this amended recommendation be adopted by Council a condition of the site plan agreement will require the Owner of the subject lands to submit a geotechnical report during the excavation stage to the Town. The report would outline the .subsurface soil conditions of the site and would ensure that should any unacceptable levels of soil contamination exist, the Owner shall take the appropriate remedial action. Marco amunno cc: Bob Panizza, Town Clerk Applewovd Crescent, Vaughan, September 19, 2008 Bob Panizza Chief Administrative officer Town of Aurora 1 Municipal Drive, Box 100C Aurora, Ontario L46 6J1 LqA 0A6 RE! Council Meeting —'Fnesday September 23 2008 Dear Mr. Panizza: ADDED ITEM - 9 Telephone (905) 760.6200 I am requesting that a motion be brought before Council at the September 23rd Council Meeting authorizing the Mayor to execute the Site Plan Agreement once in final form as recommended by the Director of Planning and Development. I believe that was the intent of the original approval of the Zoning and Site Plan on May 6, 2008, although the wording of the Resolution can, some confusion as to whether the Agreement need be brought back before Council. The execution of the Agreement will be merely a formality, as the Agreement is simply an extension of the Agreement already entered into for the first phase of development, and no changes have been requested to Aurora's precedent format for site plan agreements. I understand that the Agreement will be in final form in or around September 23rd. Owing to the notice requirements to be on the Council agenda, staff would be unable to have a report prepared and circulated prior to the 23rd. Waiting until the next Council meeting would cause a delay in construction at a considerable cost to the developer and to the tenants. Please contact me should any clarification be required to my request for this motion Regards, Prakash David, LL-B, MBA, Director Land Development 700 Applewood Cres. Suite 100 Vaughan, ON, L4K 5X3 (905) 760 6200 x. 7686 (416) 407 6177 pdavid�ntres com ADDED ITEM - 10 YORK CATHOLIC DISTRICT SCHOOL BOARD September 19, 2008 Mayor Phyllis Morris Town of Aurora Email: pmorris@e-aurora.ca SUBJECT: Request Waiving of Cash -in -Lieu of Parkland Dedication Fee Dear Mayor Morris, Thank you for the opportunity to address the September 16 meeting of the General Committee. As you know, the Committee recommended assessing our York Catholic District School Board a Cash -in -Lieu of Parkland Dedication fee for our new school development — St. Maximilian Kolbe Catholic High School. I am writing this letter to request Council's reconsideration of this decision, and requesting Council waive the Cash -in -Lieu of Parkland Dedication fee. At the Committee meeting, I noted Council's commitment to providing more recreational facilities for the citizens of Aurora and minimizing taxes. Our York Catholic District School Board (YCDSB), through the construction of St. Maximilian Kolbe Catholic High School (SMKCHS), can contribute to the realization of both these important goals. Parkland Dedication provides land, or funds to purchase land, for recreational facilities to meet the demand created by growing residential development. With the construction of our new high school, outstanding recreational facilities (e.g. gymnasia, track and field, basketball courts) are being constructed. As our partner, the Town will have access and use of the facilities through the Board's Community Use of Schools process. It's very important to note that the construction of our new high school will not create any additional demand on the Town's recreational facilities. On the contrary, as noted above, our new school will add to the recreational facilities available to Aurora residents. Therefore, the need for additional parkland to meet the demand created by our development is voided. This Cash -in -Lieu of Parkland Dedication fee imposed on YCDSB is a form of double taxation. Individuals buying into future Aurora residential developments will be double taxed -- by the Towns development charges and by our own Education Development Charges -- both, of which will have fees assessed for parkland. Our York Catholic District School Board and the Town of Aurora have enjoyed a long and good relationship of working cooperatively to serve the Aurora community. With the addition of St. Maximilian Kolbe Catholic High School, the opportunity exists to enhance our cooperative relationship. At the General Committee meeting, I suggested that a committee be struck to look into formalizing this relationship between the Board and Town. This committee can look at how best to meet the needs of the residents of Aurora and the students of our school. In summary, through the construction of Saint Maximilian Kolbe Catholic High School, our School Board is creating a tremendous opportunity to serve students and the community of Aurora that does not create additional stress on the town's facilities. By granting the Board's request to waive this Cash -in -Lieu of Parkland Dedication fee, the additional tax burden on the Town's ratepayers will also be avoided. Thank you for your consideration. I look forward to hearing from at your earliest convenience. Sincerely yours, Elizabeth Crowe, Chair of the Board Cc: Bob Panizza, Town of Aurora, Director of Corporate Services bpanizza@e-aurora.ca Susan LaRosa, York Catholic District School Board, Director of Education Susan.larosa@ycdsb.ca 2 ADDED ITEM It ITEM 1(13) -AMENDMENT TO THE NOTICE OF MOTION From Councilor Wilson Proposed Motion: THAT the Director of Finance/Treasurer be directed to develop a policy to address department budget deficits by providing department comments explaining overages/shortages (actual vs./vs. approved budget) for each sub cost centre within the department budget, with the necessary actions to correct stated variance; and THAT these explanations be provided as an attachment to the quarterly summary of operating expense report to Council in a timely manner.