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MINUTES - Council - 20040427 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 04-12 Council Chambers Aurora Town Hall Tuesday, April 27, 2004 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Morris, Vrancic, Wallace and West. MEMBERS ABSENT None 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 Treasurer, Acting Town Solicitor and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:08 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Vrancic declared an interest in Item 5 - LS04-018 - Tender L.S. 2004- 21 - Purchase of Three (3) Vehicles, 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. Mayor Jones declared an interest in the section of Item 4 - TR04-011 - 2004 Operating and Capital Fund Budgets - Draft #3 pertaining to the By-law Division, due to the employment of his spouse in the By-law division of the Corporate Services Department, 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 Morris Seconded by Councillor Wallace THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented, with the following:  The Director of Leisure Services, on behalf of the Lifesaving Society, to present the Scarborough Cup and the Single Facility Fundraising Award;  Replacement copies of Items 3 and 7 General Committee Meeting Reports from April 17 and April 20, 2004;  Memo from the Administrative Co-ordinator/Deputy Clerk Re: Procedural By-law.  Deletion of Item 4 on the In-Camera agenda, to be presented at a future public meeting. CARRIED Council Meeting No. 04-12 Page 2 of 8 Tuesday, April 27, 2004 III ADOPTION OF MINUTES Council Meeting No. 04-11, Tuesday, April 13, 2004 Moved by Councillor Morris Seconded by Councillor Buck THAT the Council Minutes of Meeting Number 04-11 be adopted as printed and circulated. CARRIED IV PRESENTATIONS The Director of Leisure Services, on behalf of the Lifesaving Society, presenting the Scarborough Cup and the Single Facility Fundraising Award (Added Item) The Director of Leisure Services advised that the Town of Aurora Aquatics Division received two prestigious awards from the Lifesaving Society. The Director presented the Scarborough Cup for “municipal affiliate with the largest lifesaving program in a community with a population between 10,000 and 50,000”, to Loriann Ierullo, Aquatics Supervisor and Adam Mobbs, Aquatic Assistant. The Director then presented the Single Facility Fundraising Award, which recognizes the single-facility affiliate that raised the most money for Water Smart Drowning Prevention, to Nicole Young, Lifeguard/Instructor/Deck Supervisor, for raising $2,234.00 through various creative fundraising events. The Director extended his congratulations to the recipients and all of the aquatics staff for being recognized for their excellent work. Mayor Jones presented a Gift Certificate to Mr. Jim Tree, in recognition of his 25 years of service with the Aurora Leisure Services, Parks Department. The Mayor advised that Allan Downey, the Director of Leisure Services, wished to present a small tribute to Mr. Jim Tree, Parks Manager. The Director of Leisure Services gave a brief history of Mr. Tree’s career prior to, and during his 25 years at the Town of Aurora. The Director read a variety of quotes and comments provided by staff to illustrate how highly valued and appreciated Mr. Tree is by his friends and co-workers, adding that Mr. Norm Weller, Mr. Tree’s former supervisor in the early 1990’s, was present to add his congratulations and warm wishes. Following the Director’s tribute, the Mayor presented a $400 Gift Certificate from Canadian Tire to Mr. Tree, in recognition of his 25 years of service with the Aurora Leisure Services, Parks Department, on behalf of Council and all of his friends and co-workers at the Town of Aurora. Mr. Tree thanked the current and former Mayors and Members of Council for their ongoing support and guidance, and thanked the Director and staff at the Town, and his family, who were in attendance. Mr. Tree declared that it has always been a pleasure to work for this organization and that he was honoured to receive this recognition. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 3, 4, 5, 8, 9 and 10 were identified for discussion. Council Meeting No. 04-12 Page 3 of 8 Tuesday, April 27, 2004 VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor Wallace 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: 1. PL04-045 – McGrath-Hunter Properties - Part of Lot 17 R.P. 68 and Lot 164 & Part of Lots 163 & 165, R.P. 246 15085 Yonge Street, Official Plan and Zoning Amendment Applications Files D09-14-03 & D14-33-03 respectively THAT report PL04-045 be received; and THAT Official Plan Amendment No. 51 be approved; and THAT implementing Zoning By-law Amendment No. 4522-04.D be enacted. 6. TR04-010 – Development Charge Public Meeting THAT a public meeting be held on Tuesday, May 25, 2004 at 7:00 p.m. to consider the Town of Aurora’s Draft 2004 Development Charge Background Study and amended Development Charge By-law. 7. General Committee Meeting Report No. 04-13, Tuesday, April 20, 2004 THAT the Report of the General Committee Meeting No. 04-13 be received and the recommendations carried by the Committee be adopted. 11. Resolution from the City of Vaughan Re: Gas Tax Rebate and P.S.T. THAT the resolution from the City of Vaughan regarding a Gas Tax Rebate and P.S.T. be received and endorsed by Council. CARRIED VII DELEGATIONS Mr. John McIntyre, representing the Aurora Historical Society Re: Issues and Clarification concerning Capital Funding for Church Street School Mr. John McIntyre of the Aurora Historical Society, advised that the Aurora Historical Society & Museum have applied for a grant from the Ontario Trillium Foundation to assist with the ongoing renovations being planned for the Church Street School, and in order to obtain this grant, there are certain financial commitments, with respect to the Towns’ reserve fund, which need to be clarified. Mr. McIntyre requested that the CAO of the Town of Aurora provide his assistance in clarifying the funding situation and certain aspects of the process and reporting structure for the new Church Street Management Committee. Council Meeting No. 04-12 Page 4 of 8 Tuesday, April 27, 2004 Moved by Councillor West Seconded by Councillor Wallace THAT the comments of the delegate be received and that Item 8 be brought forward for consideration at this time. CARRIED 8. LS04-019 – Aurora Historical Society Request Moved by Councillor Wallace Seconded by Councillor Kean THAT the reserve account for the Church Street School be increased by $149,500 and that the funding be provided from the 2003 Town Operating Surplus. On a recorded vote, the motion was DEFEATED YEAS: 4 NAY: 5 VOTING YEA: Councillors Gaertner, Kean, Vrancic and Wallace VOTING NAY: Councillors Buck, Hogg, Morris, West and Mayor Jones Moved by Councillor Morris Seconded by Councillor Vrancic THAT the rules of the Procedural By-law be waived to allow a representative of the Aurora Historical Society to provide comments pertaining to this matter, for clarification purposes. CARRIED Ms Margaret Brevik, of the Aurora Historical Society, responded to questions from Council, regarding this issue. Moved by Councillor West Seconded by Councillor Vrancic THAT Town staff negotiate a loan of $149,500 at no interest, with the Aurora Historical Society, to be repaid over a five year period, or alternatively; THAT members of the Aurora Historical Society present another arrangement for repayment through the re-negotiation of the lease agreement. REFERRAL: Upon the question of the adoption of the motion, it was: Moved by Councillor Hogg Seconded by Councillor Buck THAT the request of the Aurora Historical Society be referred to staff in order to obtain additional information and report back to Council in two weeks. DEFEATED The main motion was CARRIED Council Meeting No. 04-12 Page 5 of 8 Tuesday, April 27, 2004 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. Memo from the By-law Services Co-ordinator – Exemption to Licensing By- Law for Boyz Toyz Corporation Moved by Councillor Vrancic Seconded by Councillor West THAT Council exempt Boyz Toyz Corporation from Section 16 and 17 of the Town’s Place of Amusements By-law; and THAT Council, as a condition of the license issued to Boyz Toyz, limit the number of pinball/video games to a maximum of twelve (12) games to be on the premises at any one time; and THAT the permitted hours of operation be Monday to Thursday 10:00 a.m. to 10:00 p.m., Friday and Saturday 10:00 a.m. to 12:00 midnight and Sundays from 11:00 a.m. to 10:00 p.m. CARRIED 3. Special General Committee Meeting Report No. 04-12, Saturday, April 17, 2004 Moved by Councillor West Seconded by Councillor Kean THAT the Report of the Special General Committee Meeting No. 04-12 be received and the recommendations carried by the Committee be adopted. CARRIED Mayor Jones, having previously declared an interest in the section of Item 4 pertaining to the By-law division of Corporate Services, relinquished the Chair to Deputy Mayor Morris 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. 4. TR04-011 – 2004 Operating and Capital Fund Budgets – Draft #3 Moved by Councillor Vrancic Seconded by Councillor Morris THAT Council approve the 2004 Operating Budget – Draft #3 with gross expenditures of $38,848,042 and a net tax levy of $16,613,535 which represents an increase of 3.5% in net tax levy requirements in 2004 versus 2003; and THAT Council determine whether it wishes to approve an additional one time tax levy for 2004 of $325,000 (or 2.03% additional increase in net tax levy requirements in 2004) to be allocated as a contribution to the New Recreation Complex to offset capital costs in 2005 for the project; and THAT Council approve the 2004 Capital Fund Budget – Draft #3 with gross expenditures of $31,453,978 and associated funding as presented; and THAT Council approve, upon completion of the fiscal 2003 year-end audit process, the transfer of the 2003 operating fund surplus to the Municipal Capital Reserve account; and Council Meeting No. 04-12 Page 6 of 8 Tuesday, April 27, 2004 THAT the attached Schedules of Projected Reserves and Reserve Fund Balances for the period ended December 31, 2003 be received for information; and THAT staff table a User Fee By-law necessary to affect the User Fee adjustments incorporated into the 2004 Final Draft Budget documentation. AMENDMENT: Upon the question of the adoption of the main resolution, it was: Moved by Councillor Gaertner Seconded by Councillor Kean THAT staff not delay in hiring a parking control officer. DEFEATED AMENDMENT: Upon the question of the adoption of the main resolution, it was: Moved by Councillor West Seconded by Councillor Buck THAT the new Recreation Complex budget be removed from the 2004 Capital Budget until Council has had an opportunity to review the final costs of the project and the Fiscal Impact Analysis prepared by Hemson and Associates. DEFEATED AMENDMENT: Upon the question of the adoption of the main resolution, it was: Moved by Councillor Hogg Seconded by Councillor Buck THAT the costs associated with the street renaming/address change for the Town Hall not be approved in the 2004 Operating Budget. On a recorded vote, the motion was DEFEATED YEAS: 4 NAY: 5 VOTING YEA: Councillors Buck, Hogg, West, and Mayor Jones VOTING NAY: Councillors Gaertner, Kean, Vrancic, Morris and Wallace AMENDMENT: Upon the question of the adoption of the main resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Morris THAT an additional one time tax levy for 2004 of $325,000 (or 2.03% additional increase in net tax levy requirements in 2004) be allocated to the Tax Stabilization Fund. Council Meeting No. 04-12 Page 7 of 8 Tuesday, April 27, 2004 On a recorded vote, the motion was CARRIED YEAS: 7 NAY: 2 VOTING YEA: Councillors Gaertner, Hogg, Kean, Morris, Vrancic, Wallace and Mayor Jones VOTING NAY: Councillors Buck and West On a recorded vote, the main motion was CARRIED AS AMENDED YEAS: 8 NAY: 1 VOTING YEA: Councillors Gaertner, Hogg, Kean, Morris, Vrancic, Wallace, West and Mayor Jones VOTING NAY: Councillor Buck Moved by Councillor Vrancic Seconded by Councillor Morris THAT staff provide a further report setting out funding options to reduce the taxpayers supported debt component of the new Recreation Complex. CARRIED Councillor West also requested a breakdown of the budget associated with the Farmers’ Market before the funding is spent. Councillor Vrancic, having previously declared an interest in Item 5, did not take part in the vote called for this matter. 5. LS04-018 – Tender L.S. 2004-21 - Purchase of Three (3) Vehicles Moved by Councillor Kean Seconded by Councillor Wallace THAT Council authorize the purchase of one (1) Department of Leisure Services vehicle (Section “A”) from McAlpine Ford Lincoln Sales Limited of Aurora Ontario, in the amount of $21,986.00 less P.S.T. and G.S.T.; and THAT Council authorize the purchase of two (2) Department of Leisure Services vehicles (Section “B”) from Highland Chev Olds Ltd. of Aurora Ontario, in the amount of $92,730.00 less P.S.T. and G.S.T. CARRIED 9. Notice of Motion from Councillor Buck Re: Amending the Procedural By-law Councillor Buck requested that this item be deferred to the next Council meeting, to be held on May 11, 2004. Council Meeting No. 04-12 Page 8 of 8 Tuesday, April 27, 2004 10. Correspondence from Councillor Gaertner Re: Municipal Information to be made Available at the Aurora Public Library Moved by Councillor Morris Seconded by Councillor Kean THAT this matter be referred to the Town Clerk, to work with Councillor Gaertner and the CEO of the Aurora Public Library, to review and comment, and report back to Council with an appropriate recommendation and rationale. CARRIED IX REGIONAL REPORT Mayor Jones advised that the Region of York will be implementing the third and final phase of the No-Smoking By-law as of June 1, 2004. Mayor Jones advised that this by-law requires all buildings or structures used for playing billiards and games of chance and all buildings or structures used for the sale and service of food and/or drinks that are licensed to serve alcohol and which do not admit persons under the age of 19, to be 100% smoke-free. Mayor Jones added that the by-law includes the option for these facilities to construct a completely enclosed and separately ventilated Designated Smoking Room (DSR) in accordance with the by-law requirements. X OTHER BUSINESS, COUNCILLORS Councillor Kean asked when the issue of CHATS going into the new Seniors’ Centre will be brought back to Council for further consideration. The Director of Leisure Services advised that the future use of the existing Seniors Centre cannot be determined until the facility is empty and advised that staff would inform the status of Council’s disposition in this regard. Councillor Morris requested that the Director of Planning provide clarification with regard to the process for consideration of the report regarding Whitwell Developments Limited (First Professional) at the Public Planning meeting on Wednesday, April 28, 2004. The Director of Planning advised that staff discovered a defect in the notification process and there for the format of the meeting has been revised for this item. The item will be presented as a public information meeting, where the applicant, staff and the public are able to provide their comments and concerns, however Council will not be required to deliberate or make any decision on this matter until it is brought back to a future Public Planning meeting for consideration. Moved by Councillor Kean Seconded by Councillor Gaertner THAT this meeting be extended beyond 10:30 p.m. in order to address the remaining items on the agenda. DEFEATED The meeting thereby adjourned at 10:30 p.m. with the balance of the agenda incomplete.