MINUTES - Council - 20040511
TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 04-15
Council Chambers
Aurora Town Hall
Tuesday, May 11, 2004
ATTENDANCE
COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner,
Hogg, Kean, Morris, Vrancic and West.
MEMBERS ABSENT Councillor Wallace was absent.
OTHER ATTENDEES Chief Administrative Officer, Director of Corporate
Services/Town Clerk, Director of Building, Director of
Leisure Services, Director of Planning, Director of
Public Works, Acting Town Solicitor and Council/
Committee Secretary.
Following Open Forum the Mayor called the meeting to order at 7:30 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor Vrancic declared an interest with respect to Item 5 regarding the
Award of Tender No. PW 2004-04, 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 West Seconded by Councillor Gaertner
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented, with the following additional items:
Delegations from the following people regarding Item 10(1) – General
Committee Minutes from May 4, 2004 Re: New Recreation Complex –
Swimming Pool:
• Mr. Bill Jenkins, Aurora Master Ducks Swim Club
• Mr. Jim Talbot, resident
• Ms Anda Carter, resident
Memo from the Chief Administrative Officer regarding the appointment
of Mr. Jim Carey to the position of Director of Finance/Treasurer for the
Town of Aurora, effective May 31, 2004.
CARRIED
Council Meeting No. 04-15 Page 2 of 10
Tuesday, May 11, 2004
III ADOPTION OF MINUTES
Council Meeting No. 04-12, Tuesday, April 27, 2004 and Special Council –
Public Planning Meeting No. 04-13, Wednesday, April 28, 2004 and Special
Council Meeting No. 04-14, Friday, April 30, 2004
Moved by Councillor Hogg Seconded by Councillor Buck
THAT the Minutes of Meeting Number 04-13, Special Council - Public
Planning, be amended to reflect that Councillor Hogg was absent from
that meeting, and be adopted as amended; and
THAT the Council Minutes of Meeting Number 04-12, and Special Council
Minutes of Meeting No. 04-14 be adopted as printed and circulated.
CARRIED
IV PRESENTATIONS
Fire Marshall – Ministry of Community Safety and Correctional Services
Re: Certificate of Compliance Pursuant to the Fire Protection and
Prevention Act
Mr. Peter Guiry, Fire Protection Advisor for the Fire Marshall’s Office, presented
a Certificate of Compliance to the Town of Aurora for the completion of a
municipal fire protection information survey, conducted by the Office of the Fire
Marshall pursuant to the Fire Protection and Prevention Act. Mr. Guiry advised
that the Fire Protection and Prevention Act was introduced in 1997 and
established a new framework whereby municipalities became responsible for
providing various services, while the Province of Ontario monitored and assisted
during the transition. Mr. Guiry advised that the four main areas of focus within
the survey were: risk assessment; that fire alarm, smoke alarm and escape
programs be in place; that education programs be in place; and that fire safety
inspections be conducted upon request. Mr. Guiry advised that after much hard
work researching and developing policies and procedures and implementing
various programs, the department has reached the established Provincial
requirements.
The Mayor thanked the Chief and staff of Central York Fire Services for their
ongoing hard work and dedication.
Central York Fire Fighters
Re: Thanks for Support
Mr. Shawn Mitchell, of Central York Fire Services, advised that he was
accompanied by Mr. Paul Horton of Central York Fire Services and by Mr. Alf
Beasly of Vaughan Fire and Rescue. Mr. Mitchell advised that the Fire Fighters
of York Region Calendar has raised over $200,000 in the past year, and that this
money will be divided and donated to Breast Cancer Research in York Region,
South Lake Regional Health Care Centre, Markham-Stouffville Hospital and York
Central Hospital. Mr. Mitchell advised that this undertaking was a tremendous
success, largely due to the support of the sponsors of this project. Mr. Mitchell
thanked the Town of Aurora on behalf of all of the York Region fire fighters, for
continually supporting the annual production of this calendar.
Council Meeting No. 04-15 Page 3 of 10
Tuesday, May 11, 2004
Councillor Phyllis Morris
Re: "In Celebration of Women" Awards
Councillor Morris advised that she had recently attended the “In Celebration of
Women” Awards Banquet on May 4, 2004, and was given the honour of
presenting awards to four Aurora Honourees. Councillor Morris advised that two
of the recipients were in attendance this evening.
Councillor Morris introduced Ms Beth Egan, who received the Charity
Achievement Award for her involvement with many charities and community
organizations, including Polo for Heart and for starting the first Kinder Gym
Program for children with disabilities in Ireland. Councillor Morris advised that Ms
Egan is active on the Pickering College Board of Directors’ Parents Association,
the Bid for a Cure Program, and many more charities and charitable events.
Councillor Morris introduced Ms Patricia Ristich, who received the Entrepreneur -
Large Business Achievement Award, for establishing the Wellington House Spa
for Hair, in Snowball Corners in 1973, moving several years later to Aurora.
Councillor Morris advised that the Spa is renowned as being one of the most
prestigious day spas within York Region and the Greater Toronto Area.
Councillor Morris advised that Ms Ristich is also one of the judges in the Hair
World International Competition in Milan and volunteers with organizations such
as Big Sisters, Yellow Brick House, Easter Seals, Hill House Hospice and the
Cancer Society.
Councillor Morris congratulated Ms Jackie Hilchuk, who was unable to attend,
advising that she had received the Entrepreneur-Small Business Achievement
Award for her invention of the Gardeners’ Tool Belt. Working in partnership with
Aboriginal Business Canada, establishing the Blue Apple Gardening Products
providing products for customers across North America.
Councillor Morris congratulated Ms Janet Shore, who was also unable to attend,
for receiving the Pharmaceutical Achievement award for providing continuing
education to pharmacists in York Region. In addition to working at the local level
for Continuing Education, she is an Education Co-ordinator for York Region with
the Ontario College of Pharmacists.
V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1, 3, 5, 12, 13, 14 and 16 were identified for discussion.
VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor West Seconded by Councillor Hogg
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. CS04-016 - Request for Street Names, The Alpen House Limited
Part of Lot 18, 19 & 20, Concession 2 EYS, File D07-02-01-A
THAT the street name “Macho Uno ”, approved by Council on January 14,
2003 be amended: to “Sirona’s”; and
THAT the street name “Red Bullet”, approved by Council on January 14,
2003, be amended to “Northern Dancer”.
Council Meeting No. 04-15 Page 4 of 10
Tuesday, May 11, 2004
4. PL04-059 - Removal of the Holding (H) Provision, Loblaw Properties
Limited, Lots 1, 2, 3, 4, and 5, Plan 65M-2874, save and except
Part of Lot 2 designated as Parts 2 and 3, Plan 65R-17636, 15900
Bayview Avenue, File D14-01-04
THAT Council enact By-law 4528-04.D to remove the Holding (H) prefix
from the lands described as Lots 1, 2, 3, 4, and 5, Plan 65M-2874 (15900
Bayview Avenue), save and except Part of Lot 2 designated as Parts 2
and 3, Plan 65R-17636, to allow the subject lands to be developed for a
supermarket.
6. Item for Council Meeting of May 11, 2004, Resulting From General
Committee – May 4, 2004 (In-Camera Session)
Re: Exception to the Acting Pay Policy
THAT an exception to the Acting Pay Policy be approved to provide for an
additional one time monetary compensation in the recommended amount
to the Manager of Parks for assuming, in addition to his regular duties, the
responsibilities of the Manager of Facilities/Property until a new manager
is hired.
7. Item for Council Meeting of May 11, 2004, Resulting From General
Committee – May 4, 2004 (In-Camera Session)
Re: Appointments to the Finance Committee
THAT Mayor Jones and Councillors Buck and Hogg be appointed to the
Finance Committee.
8. PL04-051 - Official Plan Amendment Application, Mattamy (Aurora) Limited
Part of Lot 26, Concession 2 EYS, Part 1, Reference Plan 65R-19977
938 St. John’s Sideroad, File D09-06-04
THAT Council receive, as information, the following overview of Official
Plan Amendment Application D09-06-04, scheduled for the June 23, 2004
Public Planning Meeting.
9. PL04-053 – Proposed Official Plan and Zoning By-law Amendment
Applications, Victor Priestly and The Priestly Holdings
Corporation, Part of Lot 80, Concession 1 EYS and Block 43,
R.P. 65M-3461, 623 and 669 Wellington Street East
Files D09-05-04 and D14-06-04
THAT Council receive, as information, the following overview of Official
Plan Amendment Application D09-05-04, and Zoning By-law Amendment
Application D14-06-04 scheduled for the June 23, 2004 Public Planning
Meeting.
10. General Committee Meeting Report No. 04-14, Tuesday, May 4, 2004
THAT the Report of the General Committee Meeting No. 04-14 be
received and the recommendations carried by the Committee be adopted.
11. Minutes of the Joint Council Committee Meeting - Wednesday, April 14, 2004
THAT the Minutes of the Joint Council Committee Meeting of April 14,
2004 be received for information.
Council Meeting No. 04-15 Page 5 of 10
Tuesday, May 11, 2004
15. Correspondence from the Region of York
Re: St. John’s Sideroad Safety Review, Yonge Street to Bathurst Street in
Aurora
THAT the correspondence be received for information.
CARRIED
VII DELEGATIONS
Mr. Stan Stein of Osler, Hoskin & Harcourt LLP
Re: Magna Medical Centre (Item 1)
Mr. Stan Stein, of Osler, Hoskin & Harcourt LLP, appeared before Council to
address issues related to the removal of a road within the subject lands. Mr.
Stein advised that the proposed medical centre would be comprised of medical
offices on the main floor which would be available for public use, and that there
would be private medical facilities on the lower level which would be used for
Magna Employees only. Mr. Stein advised that the applicant is not agreeable to
the idea of incorporating an emergency road into the proposed project, due to the
existence of a stormwater management pond, environmentally sensitive lands
and the positioning of the proposed helicopter pad, all being located in the
various areas where the proposed road could be placed. Mr. Stein added that
the need for an emergency road should be minimal, due to the efficiency of the 4
lanes of traffic, travelling on Wellington Street. Mr. Stein advised that all of the
required approvals have been attained from the various agencies who were
required to sign off on this project.
In closing, Mr. Stein asked that Council approve the Official Plan Amendment
Application for MI Developments Inc. at this meeting, to avoid any further delays,
and suggested that Council refer any further concerns to staff, to be addressed
through the site plan process.
Moved by Councillor West Seconded by Councillor Morris
THAT the comments of the delegate be received and that Item 1 be
brought forward for consideration at this time.
CARRIED
1. PL04-057 - Official Plan Amendment Application, MI Developments Inc.
Part of Lot 20, Concession II, File Number D09-01-04
Moved by Councillor West Seconded by Councillor Buck
THAT By-law 4525-04.D, being a by-law to adopt Official Plan
Amendment Number 52, be enacted, subject to Council being satisfied
with the applicant’s response to their resolution at the Public Planning
Meeting held on April 28, 2004, subject to the approval of the Central York
Fire Department.
On a recorded vote, as the result of a tie, the motion was DEFEATED
YEAS: 4 NAYS: 4
VOTING YEAS: Councillors Buck, Hogg, West and Mayor Jones
VOTING NAYS: Councillors Gaertner, Kean, Morris and Vrancic
Council Meeting No. 04-15 Page 6 of 10
Tuesday, May 11, 2004
Moved by Councillor Vrancic Seconded by Councillor Morris
THAT By-law 4525-04.D, being a by-law to adopt Official Plan
Amendment Number 52, be enacted, subject to Council being satisfied
with the applicant’s response to their resolution at the Public Planning
Meeting held on April 28, 2004; and
THAT Official Plan Amendment 52 be revised to reflect that the Town
impose a condition of approval stating that the necessary lands be
dedicated as a public highway and constructed at the time of
development approval of the abutting lands to the west. The timing,
design and construction of the collector road should be to the
satisfaction of the Town and Region and, in particular, should align
with the local road on the north side of Wellington Street.
On a recorded vote the motion was CARRIED
YEAS: 5 NAYS: 3
VOTING YEAS: Councillors, Gaertner, Hogg, Kean, Morris, Vrancic and
VOTING NAYS: Councillors Buck, West and Mayor Jones
Mr. Jeff Allan, Resident
Re: New Recreation Centre –Swimming Pool
Mr. Jeff Allan, of 2 Willow Farm Lane, expressed his support for the construction
of a new pool in Aurora, advising that the current aquatic facilities are
overcrowded. Mr. Allan advised that many Aurora residents are forced to travel
to Richmond Hill to swim because it is cheaper and less crowded. Mr. Allan
encouraged Council to ensure that the funds be allocated to the New Recreation
Complex to facilitate the inclusion of a pool in the initial building stage.
Ms Nancy Black, President - Aurora Master Ducks
Re: New Recreation Centre –Swimming Pool
Ms Nancy Black, President - Aurora Master Ducks, advised that she and many
other residents were under the impression that the New Recreation Complex
would include an aquatics facility and therefore were very surprised that the pool
would be in jeopardy at this point in the process. Ms Black requested that
Council support the construction of a pool at this time.
Ms Janet Mitchell, Resident
Re: New Recreation Centre –Swimming Pool
Ms Janet Mitchell advised that she has been researching various facilities of this
nature in other municipalities and found that, although the cost is high to
construct a pool, the costs she obtained from other municipalities were
comparably lower than the proposed costs for the Town of Aurora. Ms Mitchell
advised that pools are not generators of revenue, however they should be
considered necessary services, which are an integral component of the
community, similar to parks and streets. Ms Mitchell suggested that Council refer
the item back to staff to reduce the cost of constructing the pool.
Mr. Bill Jenkins and Mr. Jim Talbot
Re: New Recreation Centre –Swimming Pool
The above delegates, Mr. Jenkins and Mr. Talbot spoke in Open Forum.
Council Meeting No. 04-15 Page 7 of 10
Tuesday, May 11, 2004
Ms Anda Carter, Resident
Re: New Recreation Centre – Swimming Pool
(Item 10(1) – General Committee Minutes from May 4, 2004)
Ms Anda Carter advised that she spent several days petitioning the residents of
Aurora, to show their support for the construction of a new pool as an integral
part of the initial building phase of the New Recreation Complex. Ms Carter
presented to Council a petition containing 1,760 names in favour of building the
pool now, and advised that that there would be more names to come.
Moved by Councillor West Seconded by Councillor Hogg
THAT the comments of the delegates be received for information.
CARRIED
VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
3. PL04-055 - Zoning By-law Amendment Application, Bayview Business Park
Inc., Part of Lot 1, Registered Plan 65M-3074, 108-224 Hollidge
Boulevard, File D14-31-03
Moved by Councillor West Seconded by Councillor Buck
THAT staff be instructed to retain outside legal counsel to represent the
Town before the Ontario Municipal Board in connection with the appeal by
Bayview Business Park Inc.; and
THAT Staff be authorized to retain outside experts, as required, to support
the Town’s case; and
THAT a formal mediation meeting through the Ontario Municipal Board be
convened with the Town, the applicant and the effected residents.
CARRIED
Councillor Vrancic, having previously declared an interest in Item 5, did not take part in
the vote called for in this regard.
5. PW04-020 - Award of Tender No. PW 2004-04, Supply and Delivery of One
2005 Specialty Body Sign Truck
Moved by Councillor Hogg Seconded by Councillor West
THAT Tender No. PW 2004-04, Supply and Delivery of One 2005
Specialty Body Sign Truck be awarded to McAlpine Ford Lincoln Sales
Limited at the tendered price of $86,574.34; and
THAT the current 1990 truck be sold through auction after delivery of the
new truck, with sale proceeds returned to the Public Works
Vehicle/Equipment Reserve Fund.
CARRIED
Council Meeting No. 04-15 Page 8 of 10
Tuesday, May 11, 2004
12. Notice of Motion from Councillor Buck
Re: Amending the Procedural By-law
(Provided at the April 13, 2004 Council Meeting)
Moved by Councillor Buck Seconded by Councillor Hogg
WHEREAS by historical precedent a Councillor who wishes to attend a
Committee meeting and participate in discussion of any matter before the
Committee is entitled to do so; and
WHEREAS a Councillor who is not a member of the Committee, may not
make a motion or vote on a motion; and
WHEREAS clause 26e of the Town's Procedural By-law states that a
Councillor may attend Committee meetings but not speak unless invited to
do so by the Committee's chair; and
WHEREAS the aforementioned clause deprives a Councillor of an
important right and a responsibility said Councillor may choose to
exercise; and
NOW THEREFORE, be it resolved that clause 26e of the Procedural By-
law be amended to restore a Councillor's right to participate in a
Committee's deliberations, but not to move a motion or cast a vote.
CARRIED
13. Notice of Motion – Councillor Gaertner
(Provided at the May 4, 2004 General Committee Meeting)
Re: Support for the Ontario Wide Youth Organization, Town Youth
Participation Strategy
Moved by Councillor Gaertner Seconded by Councillor Hogg
THAT Item 13 Notice of Motion from Councillor Gaertner regarding
Support for the Ontario Wide Youth Organization, Town Youth
Participation Strategy be deferred to the May 18, 2004 General Committee
Meeting.
CARRIED
14. Request for Proclamation – “Aurora Tigers Week”
Moved by Councillor Vrancic Seconded by Councillor Morris
WHEREAS the Council of the Town of Aurora recognizes the contributions
to the prestige of the Town of Aurora by the Aurora Tigers Hockey Team;
and
WHEREAS the Aurora Tigers are the 2004 Ontario Provincial Junior 'A'
Hockey League champions, winning the Central Canada Junior 'A' final to
capture the Dudley Hewitt Cup; and
WHEREAS the Aurora Tigers are ranked the top team in Canada with a
strong defence, the ability to score, and a good goaltender; and,
WHEREAS the Aurora Tigers have now advanced to the Royal Bank Cup
being played in Grande Prairie, Alberta, starting Saturday, May 8th, 2004;
Council Meeting No. 04-15 Page 9 of 10
Tuesday, May 11, 2004
THEREFORE BE IT RESOLVED THAT on behalf of the Members of
Council for the Corporation of the Town of Aurora, I, Mayor Tim Jones, do
hereby proclaim the week of May 10th, 2004, as Aurora Tigers Week, and
encourage the residents of the Town of Aurora to join with us in wishing
our team every success in the national championships.
CARRIED
16. Correspondence from the Federation of Canadian Municipalities
Re: Municipalities Call for a New Deal on Rights-of-Way
Moved by Councillor West Seconded by Councillor Kean
THAT the correspondence be received and endorsed.
CARRIED
IX REGIONAL REPORT
No report was provided at this time.
X OTHER BUSINESS, COUNCILLORS
Councillor Morris requested an update on wastewater management. The Director
of Public Works advised that staff are still working on this issue and will report
back soon.
Councillor Kean congratulated various Aurora Schools for their achievements in
this year’s Track and Field meet.
Councillor Hogg inquired as to whether the Town has a policy related to
accessibility for people with disabilities. The Director of Leisure Services advised
that there is such a policy in place.
Councillor Morris requested an update on Council’s request from the June 24,
2003 Council meeting to obtain a written legal opinion in order to clarify matters
regarding their wording, "all meetings shall be open to the public", regarding
annual Hydro meetings.
Councillor Morris requested an update on the water contamination incident at 50
Industrial Parkway in 2003. Staff advised that Petro Canada has installed
monitoring wells and that staff are still working on collecting and evaluating
information on this issue. The Director of Public Works advised that a report will
be provided when all of the information has been collected.
Councillor Morris asked for a follow up to the recent request for a full breakdown
of costs related to the construction of the New Seniors’ Centre. The CAO advised
that the Project Manager and Budget Cost Control Consultant are working with
staff to coordinate this information, and that a report is anticipated to be
presented in early June of 2004.
Councillor Morris inquired as to the projected date for the next Public Planning
meeting where the Whitwell Property will be discussed. The Director of Planning
advised that a report is expected to be brought forward at the May 25, Council
meeting.
Council Meeting No. 04-15 Page 10 of 10
Tuesday, May 11, 2004
XI READING OF BY-LAWS
Moved by Councillor West Seconded by Councillor Buck
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4525.04-D BEING A BY-LAW to
adopt Official Plan
Amendment No. 52,
as amended
(MI Developments)
4528.04-D BEING A BY-LAW to
amend By-law 2213-78
(Loblaw Properties)
4530-04.H BEING A BY-LAW to
appoint a Treasurer
for the Corporation
of the Town of
Aurora.
4531-04.C BEING A BY-LAW to
Confirm Actions by
Council Resulting
From This Meeting -
Tuesday, May 11,
2004.
CARRIED
XII IN CAMERA
Property and Personnel Matters
Moved by Councillor West Seconded by Councillor Gaertner
THAT Council proceed In Camera to address property and personnel
matters.
CARRIED
XIII ADJOURNMENT
Moved by Councillor Vrancic
THAT the meeting be adjourned at 9:25 p.m.
CARRIED