MINUTES - Committee of the Whole - 19920908----~-~·>~;-c--,•,-•,••-~-~••••-••••-r-·-~---.-·---~-~--~.-·~~-··--"-~'~w~-..~""""'"'"-"""'"'''""~''-·---~.)TI='"=\o•'<-,"-'>">O"'-"""'c;-,>0',='0"""'"-'•'-' ~•·A·~~v-.-,_~-'--'-~'---
MINUTES
TOWN OF AURORA
COMMITTEE OF THE WHOLE MEETING
NO. 37-92
Council Chambers
Aurora Town Hall
Tuesday,· September 8, 1992
8:45 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, Treasurer and
Director of Building Administration.
There were no disclosures of interest under the Municipal Conflict of
Interest Act.
APPROVAL OF AGENDA
#1. Moved by Councillor Weller Seconded by Councillor Constable
THAT the content of the Agenda as circulated by the Clerk's
Department be approved as outlined herein.
CARRIED
DELEGATIONS
Mr. Robert Downes, Glenowen Properties Limited re: Machell Avenue Sewer
Mr. Downes appeared to address report CL92-048-332. He commented on his
recent meeting with Staff, noting that Staff at that meeting had reversed
earlier comments with respect to the 1 evi es appl i cab 1 e on deve 1 opments at
Park Place Manor, Gateway Plaza and certain lots on Kennedy Street West.
While admitting that Staff were consistent with respect to the issue of
requesting the imposition of similar levies on several projects, he noted an
unfairness due to the fact that these projects did not proceed under prior
legislation to the point where the similar levy was actually collected.
With regard to the detailed basis of calculation, he noted that it was
recently provided in the form of a transcription of penci 11 ed notes of the
former Treasurer. He found that this calculation was not detailed and was
done on the basis of deficit financing, which is not traditional for the
Town.
He also questioned why no weight was given by Staff to the new Development
Charges Act, which would have required payment of only $3,000.00. Instead,
he was required to put up $156,768.00 on the basis that the Mac he 11 Avenue
pipe 1 i ne required certain improvements and that other deve 1 opers uti 1 i zing
the same line would be required to pay a levy similarly calculated. To
date, he was the so 1 e contributor and he emphasized that this was unfair.
He suggested that the normal levies would have been $59,800.00. He further
suggested that the report prepared by the consultant Paul Thiel proposed an
alternate solution to the Mache11 Avenue pipeline problem that would have
cost only $72,000.00.
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Aurora Committee of the Whole Minutes No. 37-92
Tuesday, September 8, 1992
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In response to questions from Councillors as to the delay in noting this
"unfairness", he indicated that the details of his agreement were based on
discussions with Staff in the Treasury and Public Works Departments and were
not reflected in the terms of the site p 1 an agreement. When the agreement
was prepared, he assumed that the rationale for the extra charges as
discussed was in place and decided to pay the levy and move his development
forward rather than delay and incur further financing costs.
Noting that the 1 etter the Committee had received from Mi 11 stead
Developments Inc., claiming a possible interest in any funds returned, was
based on misinformation. He promised to provide Millstead's retraction and
release to Council in this regard in the near future. He concluded by
asking the Committee to reconsider its decision not to reimburse some
portion of the funds he contributed with regard to this issue.
#2. Moved by Councillor Timpson Seconded by Councillor Jones
THAT the request be referred for consideration along with report
CL92-048-332.
CARRIED
Mr. Brian DiFlorio, resident re: Fence Height at 39 Covent Crescent; and
Mr. Stuart Bentley, resident re: Fence Height at 35 Covent Crescent
Mr. DiFlorio, the owner of a residence at 39 Covent Crescent indicated that
he had received a Notice of Violation pursuant to By-law 3287-91, the Fence
By-1 aw, because the average height of the fence is 6' 10" rather than 6 feet
as required in the By-1 aw. He noted that a fence in excess of 6 feet was
required for privacy reasons, because the lots were narrow in width and were
elevated in the centre. He also noted that he had made efforts to address
the concerns raised by one neighbour. He concluded by asking the Committee
to permit the fence to remain at its current height.
Mr. Bentley, the owner of a residence at 35 Covent Crescent submitted a
petition to the Committee i ndi cati ng that neighbours in the residence have
no objection to the height of the subject fence. He also suggested that the
By-law be reworded to clarify whether linked homes constitute multiple
residences or single family residences.
#3. Moved by Mayor West Seconded by Councillor Jones
THAT the de 1 egati ons be received as information and referred for
consideration along with report CL92-039-328.
CARRIED
AD HOC COMMITTEE REPORT
Church Street School Ad Hoc Committee Report No. 3
re: Church Street School
#4. Moved by Mayor West Seconded by Councillor Timpson
THAT the report be referred back to the Committee for
reconsideration in conjunction with the proposed report to be
prepared in the fall.
CARRIED
STAFF REPORTS
CL92-039-328 -Fence Height Exemption Request -Covent Crescent; and
Delegation of Mr. Brian iFlorio and Mr. Stuart Bentley, residents
re: Fence Heignt at 35 and 39 Covent Crescent
#5. Moved by Councillor Weller Seconded by Mayor West
THAT the fences constructed at 35, 39 and 43 Covent Crescent be
permitted to remain at the height as constructed.
CARRIED
Aurora Committee of the Whole Minutes No. 37-92
Tuesday, September 8, 1992
#6.
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Moved by Councillor Timpson Seconded by Councillor Pedersen
THAT a By-law to amend By-law 3287-91 be prepared to implement the
concession granted.
CARRIED
CL92-047-329 -Set Fine Submission, Bill No. 3377-92 -
A By-law to Regulate Parking in the Town of Aurora
#7.
#8.
Moved by Councillor Timpson Seconded by Councillor Jones
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 16th 1992.
DEFEATED
Moved by Councillor Jones Seconded by Councillor Pedersen
THAT the report be referred back to Staff to further review the
extent of the proposed fine revisions.
CARRIED
TR92-028-330 -Alternative Methods for Payment of Taxes
#9. Moved by Mayor West Seconded by Councillor Timpson
THAT report TR92-028-330 regarding methods of payment of taxes be
received as information.
CARRIED
UNFINISHED BUSINESS
CL92-044-331 -Procedural By-law No. 3414-92
#10. Moved by Mayor West Seconded by Councillor Timpson
THAT Bill No. 3414-92 proceed for second and third reading
consideration on September 16, 1992.
AMENDMENT: Upon the question of the adoption of the recommendation, it was:
#11. Moved by Councillor Healy Seconded by Councillor Jones
THAT section 1.25(f) be amended such that the order of a recorded
vote shall be in the order of election results on a rotating basis.
DEFEATED
The main recommendation CARRIED.
CL92-048-332 -Glenowen Properties Ltd. -Request for Refund; and
Delegation of Mr. Robert Downes, Glenowen Properties Limited re:
Machell Avenue Sewer
#12. Moved by Mayor West Seconded by Councillor Jones
THAT the matter be deferred pending clarification from the Public
Works Department concerning the costs and alternatives for
rectification works contained in the Engineers Report.
CARRIED
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Aurora Committee of the Whole Minutes No. 37-92
Tuesday, September 8, 1992
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TR92-027-333 -Tendering Policies in Municipalities Other
than Aurora
#13. Moved by Mayor West Seconded by Councillor Timpson
THAT the Town of Aurora continue its existing tendering policies.
CARRIED
TR92-029-334 -Requests for Funds for L.A.C.A.C.
#14. Moved by Mayor West Seconded by Councillor Weller
THAT Council inform L.A.C.A.C. that it cannot provide additional
funds from its 1992 budget to assist in the printing of a Walking
Tour Brochure.
CARRIED
NEW BUSINESS
Council Report No. 1 -Representation on Regional Council
#15. Moved by Councillor Timpson Seconded by Councillor Pedersen
THAT the Council of the Town of Aurora advise the Minister of
Municipal Affairs:
It is opposed to the resolution from the City of Vaughan that
requests a fourth member from the City of Vaughan on the Council of
the Regional Municipality of York;
The Counci 1 of the Town of Aurora endorses the proposa 1 made in
this report to have two representatives for each area municipality,
and the Regional Municipality of York Act be amended to implement
this proposal in time for the November, 1994, municipal elections;
and
The area municipalities of the Region of York, the Council of the
Region of York, the Hon. David Cooke, Minister of Municipal
Affairs, Premier Bob Rae, Mr. Don Cousens (M.P.P. -Markham), and
Mr. Charles Beer (M.P.P. -York North) be advised of this position
on the part of the Town of Aurora.
REFERRAL: Upon the question of the adoption of the recommendation, it was:
#16. Moved by Councillor Jones Seconded by Councillor Timpson
THAT the matter be referred to a Committee to be composed of Mayor
West, Councillor Timpson and the Chief Administrative Officer.
CARRIED
QUESTIONS BY MEMBERS
Councillor Weller -Enquired whether a By-law to impose a code of
conduct on the pathways forming part of the Town's
Trail System would be appropriate.
ADJOURNMENT
#17. Moved by Mayor West
THAT the meeting be adjourned at 10:34 p.m.
CARRIED
(THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETING NO. 37-92
AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON SEPTEMBER 16, A9
J. WEST, MAYO UNICIPAL CLEltK