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MINUTES - Council - 20021112 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 02-26 Council Chambers Aurora Town Hall Tuesday, November 12, 2002 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Kean, Timpson, MacEachern, Pedersen, Vrancic, Wallace and West. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Planning, Director of Public Works, Director of Leisure Services, Treasurer, Solicitor, Administrative Co-ordinator and Council/ Committee Secretary. Following Open Forum at 7:00 p.m., the Mayor called the meeting to order at 7:10 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor West declared an interest in Item 5(1) - Report PW02-058 of the General Committee Meeting No. 02-15 by virtue of his residence in the vicinity one of the subject roads 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. Councillor Wallace declared an interest in Item 5(3) – CS02-048 and Item 5(5) – PW02 -063 of the General Committee Meeting No. 02-15 by virtue of his affiliation with a publication mentioned in both reports 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. Mayor Jones declared an interest in Item 5(3) – CS02-048 of the General Committee Meeting No. 02-15 by virtue of his affiliation with a publication through his column in the newspaper mentioned in the report 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. Councillor Vrancic declared an interest in item 1 – Report LS02-049 by virtue of a solicitor-client relationship 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. II APPROVAL OF AGENDA Moved by Councillor Griffith Seconded by Councillor Timpson THAT the content of the Agenda be approved as presented. CARRIED Aurora Council Minutes No. 02-26 Page 2 Tuesday, November 12, 2002 III ADOPTION OF MINUTES Council Meeting No. 02-24, Tuesday, October 22, 2002, and Special Council Meeting No. 02-25, Tuesday, November 5, 2002. Moved by Councillor Kean Seconded by Councillor MacEachern THAT the Minutes of Meeting Number 02-24 and 02-25 be adopted as printed and circulated. CARRIED IV PRESENTATIONS Mayor Jones presenting cheques from the Mayor’s Annual Golf Tournament to recipient organizations Mayor Jones presented cheques in the amount of $10,000 each to C.H.A.T.S., Community Safety Village and the Aurora Senior Centre and $5,000 each to Save Haven and the Aurora Agricultural Society and Horse Show from the proceeds of this year’s Annual Mayor’s Charity Golf Classic Tournament. The recipients thanked Council for the donation and each recipient indicated what the money would be used for. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 3, 4, 5 (1)(3) and 6 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Pedersen Seconded by Councillor Griffith 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: 2. BA02-014 - Request for Model Home Agreement Ballymore Development (Aurora) Corporation THAT Council authorize the Mayor and Clerk to execute a model home agreement between the Town of Aurora and Ballymore Development (Aurora) Corporation to allow for the construction of 3 model homes prior to registration of their subdivision. 7. Correspondence from the Town of Georgina re: Use of Schools for Municipal Voting Day, November 10, 2003 THAT the correspondence be received for information. CARRIED VII DELEGATIONS None Aurora Council Minutes No. 02-26 Page 3 Tuesday, November 12, 2002 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Councillor Vrancic, having previously declared an interest in item 1, did not take part in the vote called for in this regard. 1. LS02-049 – Aurora Family Leisure Complex Swimming Pool - Emergency Repair of Pool Tile and Aquatic Program Fee Compensation Package Moved by Councillor Kean Seconded by Councillor MacEachern THAT staff be authorized to continue with the emergency repairs to the pool at the revised upset limit of $300,000 including all taxes; and THAT the proposed compensation package for all aquatic program participants affected by the closure of the pool be approved with the resulting costs of $175,000 charged to the Insurance Reserve; and THAT the additional cost of the repairs to the pool in the amount of $225,000 be funded through the transfer of $75,000 from the Operating Fund (Corporate Contingency) and the remaining $150,000 be financed from the Municipal Capital Reserve. CARRIED 3. Memo from Bob Panizza, Town Clerk re: The York Region Two Tier Delivery of Sewer and Water Services Report Moved by Councillor McEachern Seconded by Councillor West THAT staff be directed to provide Council with a report at their earliest convenience outlining the issues that Council should consider under a single tier model vs. a 2 tier water and sewer delivery service; and FURTHER, that staff comment to the report prepared by the Urban Development Institute and the financial implications to the Town of Aurora as a result of the “Safe Drinking Water Act”. CARRIED 4. PW02-065 – Purchase of New Christmas Wreath Displays Moved by Councillor Kean Seconded by Councillor West THAT Council authorize staff to totally refurbish the existing Christmas Wreaths as described in Report No. 02-065; and THAT funds in the amount of $11,375, exclusive of taxes, be transferred from the operating (Corporate Contingency) account to the Capital Fund. CARRIED Aurora Council Minutes No. 02-26 Page 4 Tuesday, November 12, 2002 5. General Committee Meeting Report No. 02-15 Tuesday, November 5, 2002 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 02-15, TUESDAY, NOVEMBER 5, 2002 - ITEM 1 Councillor West, having previously declared an interest in item 5(1), did not take part in the vote called for in this regard. (1) PW02-058 – Roads Needs Study – Proposed Ten Year Capital Road Reconstruction Program (2003-2012) Moved by Councillor Kean Seconded by Councillor Griffith THAT staff investigate and report back on the feasibility and residual effects of: (a) deferring the reconstruction of Maple St. and Fleury St. to 2004; and (b) redirecting the funds allocated for Fleury St. and Maple St. within the 2002 Capital Budget, towards the reconstruction of Collins Crescent and Ottawa Court within the 2003 Capital Works Projects; and (c) redirecting the funds allocated for the reconstruction of the Town Hall parking lot to the roads budget; and THAT Staff be requested report back with options for implementing sufficient repairs to Ridge Road in 2003; and THAT the residents affected by the proposed changes to the works schedule, be notified. CARRIED CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 02-15, TUESDAY, NOVEMBER 5, 2002 - ITEM 3 Councillor Wallace, having previously declared an interest in item 5(3), did not take part in the vote called for in this regard. Mayor Jones, having previously declared an interest in item 5(3), relinquished the Chair to Deputy Mayor West during the consideration of this matter and did not take part in the vote called for in this regard. Upon conclusion of this matter, Mayor Jones resumed the Chair. (3) CS02-048 - RFQ for Notice Board and Classified Advertising Moved by Councillor Pedersen Seconded by Councillor Timpson THAT the Town continue to publish the Notice Board and other Misc./Classified Ads in the Era-Banner Newspaper; and On a recorded vote, the motion was CARRIED YEAS: 6 NAYS: 1 VOTING YEAS: Councillors Kean, MacEachern, Pedersen, Timpson, Vrancic and West. VOTING NAYS: Councillor Griffith. Aurora Council Minutes No. 02-26 Page 5 Tuesday, November 12, 2002 Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the Town periodically publish misc. ads in the Auroran Newspaper on an as required basis On a recorded vote, the motion was CARRIED YEAS: 5 NAYS: 2 VOTING YEAS: Councillors Griffith, Kean, Pedersen, Timpson and West. VOTING NAYS: Councillors MacEachern and Vrancic. Moved by Councillor Griffith Seconded by Councillor Timpson THAT the remainder of the Report of the General Committee Meeting No. 02-15 be received and the recommendations carried by the Committee be adopted. CARRIED 6. Resolution of Councillor Kean re: Code of Ethics Changes Moved by Councillor Kean Seconded by Councillor MacEachern Whereas Aurora Council and staff are already governed by a Code of Ethics (MAY 1997), the Municipal Elections Act and the Municipal Act; AND Whereas all members of Council by the virtue of the Municipal Elections Act are permitted to and in some cases do accept Election Campaign Donations from Developers, Contractors and other businesses that conduct business with the Corporation of the Town of Aurora and/or in the Town of Aurora and members of Council are allowed to vote on issues that involve these businesses without the need to declare a conflict of Interest.(Municipal Act – Section 5(1); AND Whereas these same businesses are allowed to donate monies, goods and services to events that may be run by members of council or Town staff; AND Whereas members of council and staff are currently allowed to accept, from contractors, developers, and companies doing business with the Corporation of the Town of Aurora or in the Town of Aurora, lunches, dinners, sporting activities and other forms of entertainment; AND Whereas in private and public companies such as major retailers, automobile manufacturers and other major industries such practices are forbidden and could lead to reprimand or dismissal of that employee receiving such benefits. AND Whereas recent occurrences at all levels of government have lead to embarrassment of government and a costly process of investigation and legal process; AND Whereas recent findings in the City of Toronto and the City of Waterloo, to name only two, have lead to accusations of corruption in Council and staff; Therefore, Be It Resolved that the review be completed and a report be issued to Council by May 1, 2003; Aurora Council Minutes No. 02-26 Page 6 Tuesday, November 12, 2002 And Further Be It Resolved that Council Members and town staff of the Corporation of the Town of Aurora refrain from such practices of accepting any form of meals, goods and services until this review is completed in order that Aurora become a model for other Municipalities. WITHDRAWAL: The motion was withdrawn with the consent of the mover and seconder. Moved by Councillor Kean Seconded by Councillor MacEachern THAT a Code of Ethics Committee be established with members being citizens only, to review the current Code of Ethics and make any necessary revisions and report back to Council by May 1, 2003; and THAT staff prepare the Terms of Reference and report back to Council. On a recorded vote, the motion was DEFEATED YEAS: 3 NAYS: 6 VOTING YEAS: Councillors Kean, MacEachern and Vrancic. VOTING NAYS: Councillors Griffith, Pedersen, Timpson, Wallace, West and Mayor Jones. IX REGIONAL REPORT None. X OTHER BUSINESS, COUNCILLORS Mayor Jones advised that he attended the Federal Electoral District Boundaries meeting along with our M.P. and M.P.P. who represented the Town of Aurora’s position very passionately, however it will be a number of months before a resolution is reached. Councillor Vrancic requested that a policy be developed arising from the Cobblestone Lodge and the O.M.B. Hearing process issue and would like this policy to be brought back to Council by February 28, 2003. Councillor Vrancic requested that a policy be put in place or a By-law enacted to prohibit the delivery of newspapers at the end of resident’s driveways, but alternatively to their doorstep or mailbox, to avoid littering the roadways. Councillor Kean congratulated Councillor Wallace on bringing the New Zealand’s Women’s Hockey Team to the Town of Aurora and thanked everyone for their support at the Remembrance Day Parade. Councillor Timpson advised that the Santa Claus Parade will be held Saturday, November 23rd and extended an invitation to all to come out to welcome Santa to Town. Councillor West advised that the Salvation Army Christmas Kettle Drive will be held the weekend of Friday, November 29th and are still looking for volunteers and should anyone be interest please call Mary McCluskey at ext. 260. Aurora Council Minutes No. 02-26 Page 7 Tuesday, November 12, 2002 XI READING OF BY-LAWS Moved by Councillor Griffith Seconded by Councillor Timpson THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4381-02.D BEING A BY-LAW to adopt Official Plan Amendment No. 45. 4382-02.T BEING A BY-LAW to designate and erect stop signs at the intersection of Pedersen Drive and Earl Stewart Drive. 4383-02.T BEING A BY-LAW to designate and erect stop signs at the intersection of Mary Street and Industry Street. 4384-02.C BEING A BY-LAW to amend By-law 4280-01.C, a by-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards. 4385-02.T BEING A BY-LAW to amend Parking By-law 3377-92 as amended, with respect to Tyler Street, Centre Street and Yonge Street 4386-02.D BEING A BY-LAW to amend Municipal Waterworks Distribution By-law 3305-91, as amended. CARRIED XII RECESS TO PROCEED IN CAMERA Personnel Matter Moved by Councillor West Seconded by Councillor Griffith THAT this Council recess to proceed In Camera to address a personnel matter. CARRIED Aurora Council Minutes No. 02-26 Page 8 Tuesday, November 12, 2002 XIII RECONVENE FROM IN CAMERA TO RESUME COUNCIL MEETING Moved by Councillor West Seconded by Councillor Griffith THAT this Council reconvene from in-camera and resume the meeting. CARRIED Moved by Councillor West Seconded by Councillor Wallace THAT the Accessibility Advisory Committee be comprised of the following members: Alan Dean Ivy Henriksen Helen Kogan John Lenchak Kerry Lynne Thomason Carole Williams AND THAT the Terms of Reference be increased to 7 members. CARRIED XIV ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 9:10 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK