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MINUTES - Committee of the Whole - 19920921."/ TOWN OF AURORA COMMITTEE OF THE WHOLE REPORT NO. 39-92 Council Chambers Aurora Town Hall Monday, September 21, 1992 7:30 p.m. COUNCIL MEMBERS IN ATTENDANCE Councillor Griffith in the Chair; Mayor West, Councillors Constable, Healy, Jones, Pedersen, Timpson and Weller. STAFF MEMBERS IN ATTENDANCE DECLARATION OF CONFLICT OF INTEREST Councillor McKenzie was absent due to illness. Chief Administrative Officer, Municipal Clerk, Deputy Clerk, Director of Planning and Director of Public Works. There were no disclosures of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #1. Moved by Mayor West Seconded by Councillor Jones THAT the content of the Agenda as circulated by the Clerk's Department be approved as outlined herein. CARRIED DELEGATIONS Ms. Anne Parry, Hospice King re: Services that Hospice King Provides to the Community Ms. Parry wished first to clarify the information provided recently in the Toronto Star, which indicated that Ms. Reid "oversees" four hospices. In fact, Ms. Reid coordinates services provided by each hospice. Ms. Parry then indicated that Hospice King provides the services of trained volunteers for in-home non-medica 1 care to terminally i 11 patients. The service is free and Hospice King assists persons in the South Aurora, Richmond Hill, Vaughan and King Township areas. Ms. Parry delineated the composition of the board of directors and the associations which the hospice participates in. She a 1 so read a 1 etter from one of the vo 1 unteers, describing her experiences as a caregiver. Ms. Parry indicated that the 1992 budget for the Hospice is $100,000.00. Of this amount, 15% is provided by means of a Trillium Foundation grant, which is supplemented by fund raising in the amount of an additional 5%. The balance of the budget is donated by members of the community. #2. Moved by Mayor West Seconded by Councillor Weller THAT the delegation be received as information. CARRIED Aurora Committee of the Whole Report No. 39-92 Monday, September 21, 1992 - 2 - Mr. Robert Downes, Glenowen Properties Limited re: Special Sewage Infill Charge, 85 Wellington St. W. Mr. Downes noted that the Paul Theil Associates report received by Council in June 1992 suggested two alternate means to re 1 i eve the Mac he 11 Avenue sewer problem. The first approach involved constructing a relief sewer to the west of Mac he 11 Avenue at a cost of $72,000.00. The second approach involved replacing the Machell Avenue pipe at a cost of $205,000.00. If the first approach were chosen, the debenture calculation would have resulted in a cost to him of $245.00 per unit. If the second approach were chosen, this would have resulted in a debenture calculation cost to him of $698.00 per unit, which was comparable with the levy of the day. The second approach would have resulted in a total cost to him of $32,200.00. He then indicated that he would be prepared to pay that amount. In reality, he was required to contribute $156,000.00. Mr. Downes disputed that the calculation of this amount was fair and equitable, since it was substantially higher than the amounts required in the Theil report or in the Development Charges Act and since no other developers were required to contribute to this fund. He also noted that the current owners of the project have withdrawn their objections to any release of funds to him. He concluded by clarifying that he wished to pay the amount of $32,200.00 in this regard and have the balance refunded to him. #3. Moved by Mayor West Seconded by Councillor Jones THAT the delegation be received as information and referred for consideration along with report PW92-093-355. CARRIED CORRESPONDENCE AND PETITIONS Hospice King re: Request for Proclamation -"Hospice King Month", October 1992, in the Town of Aurora #4. Moved by Mayor West Seconded by Councillor Jones THAT October 1992 be proclaimed "Hospice King Month" in the Town of Aurora. CARRIED Ms. Barbara Masukawa, resident re: Aurora Transit Schedule #5 Moved by Councillor Weller Seconded by Councillor Pedersen THAT the request be referred to Staff for a report. CARRIED Mr. David James re: Request for Fence Height Exemption - 191 Covent Crescent, Aurora · #6. Moved by Councillor Timpson Seconded by Councillor Constable THAT the resident at 191 Covent Crescent be permitted to construct a fence at a height consistent with the abutting owners at 35, 39 and 43 Covent Crescent. CARRIED STAFF REPORTS CL92-051-352 -Revised Set Fine Submission Bill No. 3377-92 a By-law to Regulate Park1ng in the Town of Aurora #7. Moved by Mayor West Seconded by Councillor Weller THAT there be no increases to the fines set pursuant to the Parking By-law. DEFEATED Aurora Committee of the Whole Report No. 39-92 Monday, September 21, 1992 #8. - 3 - Moved by Councillor Jones Seconded by Councillor Timpson THAT the revisions to the municipality's parking related set fine structure as set out in Appendix 'A' to this Report be endorsed for submission to the Ontario Court of Justice; and THAT Bill No. 3377-92 being a By-law to regulate parking and to govern and control the parking of vehicles in the Town of Aurora, be considered for third reading on September 30th 1992. CARRIED PL92-089-353 -Regional Municipality of York Draft Final Report, Industry on Private Services #9. Moved by Mayor West Seconded by Councillor Pedersen THAT this information respecting the draft final report "Industry on Private Services" from the Regional Municipality of York be received as information; and THAT Councillors and the Public be advised of a public meeting scheduled for September 24, 1992 at 10:00 a.m. for the purposes of hearing a presentation of the study results by the consulting team and submissions on the study from all interested parties. CARRIED PW92-092-354 -Request for Private Water Connection (Yonge Street) #10. Moved by Mayor West Seconded by Councillor Weller THAT the request for water and sewer connections at 13859 Yonge Street be denied. At this point in the meeting Councillor Jones declared a possible Conflict of Interest in report PW92-092-354 by virtue of ownership of 1 and in the vicinity and he did not take part in or vote on any questions with regard to these matters or attempt in any way to influence the voting on such questions. CARRIED Councillor Jones, having previously declared a possible Conflict of Interest in report PW92-092-354, did not take part in the vote called for in this regard. UNFINISHED BUSINESS PW92-093-355 -Machell Avenue Sanitary Sewer Analysis Technical Review and Delegation of Mr. Robert Downes, Glenowen Properties Limited re: Special Sewage Infill Charge, 85 Wellington St. W. #11. Moved by Mayor West Seconded by Councillor Jones THAT the delegate's request for return of funds paid in connection with its development application be denied. At this point in the meeting the Committee agreed to defer consideration of this matter, so that Staff members and the delegate might further discuss the issues. -·-~-~---· ·-----~·---,•<-'xO•\'-'-'••<•"~---·-~·~----····---------~---'--•~••-\.,_,,~,;,~,-~,~~""'"~''-· •' ~·~=··T•""'·~~ .. ~ .. ~_.c==~n=·-~---•m·~-~---------·~•~-. .. ~.~---·"···• •······-----~-~ ··-----·--·-·-· Aurora Committee of the Whole Report No. 39-92 Monday, September 21, 1992 - 4 - Question by Mayor West re: Status of the Wellington Street Corridor Study Submissions #12. Moved by Mayor West Seconded by Councillor Weller THAT the Committee inform the applicant that, if its Study submissions are not received by the Town by Friday, September 25, 1992, the matter shall be tabled to be dealt with at the next Council meeting. CARRIED Councillor Timhson re: Items to be Included in the Committee of t e Whole Agenda a) Political Party Activity at the Municipal Level #13. Moved by Councillor Timpson Seconded by Councillor Jones WHEREAS it is possible that the Minister of Municipal Affairs is considering facilitating the potential involvement of political parties in municipal government, now therefore be it resolved; THAT the Council of the Corporation of the Town of Aurora indicate its strong opposition to the involvement of political parties in municipal government. CARRIED b) Proposed Revisions to Legislation Respecting Financial Reporting Requirements in the Municipal Elections Act Councillor Timpson requested that Councillors, who may have suggestions towards the improvement of the financial reporting requirements in the Municipal Elections Act be forwarded to him so that he may devise a proposed Council position on revisions to the relevant legislation. PW92-093-355 -Machell Avenue Sanitary Sewer Analysis Technical Review and Delegation of Mr. Robert Downes, Glenowen Properties Limited re: Special Sewage InfiTT Charge, 85 Wellington St. W. Motion #11, with respect to denial of the delegate's request was withdrawn with the consent of the mover and seconder. #14. Moved by Mayor West Seconded by Councillor Timpson THAT a third party arbitrator be appointed, as agreed to by Council and the delegate, to submit a report and recommendations for a reso 1 uti on to this matter, which recommendations sha 11 be binding upon both the municipality and the applicant. CARRIED NEW BUSINESS Memo from Mayor West re: GTA Mayors Presentation Bill 40 -Proposed Amendments to the Ontario Labour Relations Act #15. Moved by Councillor Pedersen Seconded by Councillor Timpson THAT the Committee inform the government of the Province of Ontario that it supports the request of the GTA Mayors in response to Bill 40 that proposed changes to the Ontario Labour Relations Act be deferred and that a Municipal-Provincial task force be set up to address concerns such as the following: Aurora Committee of the Whole Report No. 39-92 Monday, September 21, 1992 - 5 - 1. The restriction on the use of replacement workers will significantly impact on the ability of the municipalities to deliver services to their citizens during a strike. 2. The proposed changes are perceived in a negative manner and will likely discourage economic development at a time when the economy is already weak. 3. The concerns expressed to regarding the and of international investors that have been the GTA economic development professionals uncertainty in the provincial labour climate; THAT the Council of the Town of Aurora request the provincial government to indicate who would incur legal liability in the event of harm caused by non-supply of services during a strike against a municipal corporation. QUESTIONS BY MEMBERS Councillor Healy Councillor Weller ADJOURNMENT CARRIED Requested the Clerk to provide a summary of the costs for municipal by-law enforcement and a summary of the amounts recouped through the fines imposed by the courts in respect of by-law enforcement matters. With respect to the Treasurer's month-end report, requested a breakdown of the amounts that have been expended on the proposed construction of washrooms at Lambert Wi 11 son Park. #16. Moved by Councillor Weller THAT the meeting be adjourned at 9:25 p.m. CARRIED {THE REPORT OF THE COMMITTEE OF THE WHOLE MEETING NO. 39-92 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON SEPTEMBER 30, 1992, WITH THE EXCEPTION OF RECOMMENDATION NO. 6, WHICH WAS REF RRED TO STAFF AND RECOMMENOATIO~~~AS AOOPTEO ON A RECOROEO TE) . L. . ,ICIPAL CLERK J. WEST, MAYU