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MINUTES - Council - 20050308 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 05-09 Council Chambers Aurora Town Hall Tuesday, March 8, 2005 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Vrancic, Wallace and West. MEMBERS ABSENT Councillor Morris was absent for personal business. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Leisure Services, Manager of Development Planning, Director of Public Works, Treasurer, Town Solicitor and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:37 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Wallace declared a pecuniary interest in Item 3(6) – CS05-008 – 2005 Communications Plan, by virtue of his affiliation with the publication mentioned in this item, 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 a pecuniary interest in Item 1 – Special General Committee Meeting Report No. 05-05 – Budget and Item 2 - Special General Committee Meeting Report No. 05-06 - Budget, due to the employment of his spouse in 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 Kean Seconded by Councillor Wallace THAT the content of the Agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegation Request from Mr. Ken Pearson Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin 74 Wellington Street East  Delegation Request from Mr. Richard Harrison Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin 74 Wellington Street East Council Meeting No. 05-09 Page 2 of 13 Tuesday, March 8, 2005  Memorandum from the Administrative Co-ordinator Re: Notice of Motion by Councillor West Item 3(4) - Copy of AMO Survey  Withdrawal of Request for Loan by the Aurora Youth Soccer Club Item 7  By-law to Appoint a Chief Administrative Officer CARRIED III ADOPTION OF MINUTES Council Minutes of February 22, 2005, Meeting Number 05-05, Special Council – Public Planning Minutes of February 23, 2005, Meeting Number 05-06 and Special Council Minutes of February 28, 2005, Meeting Number 05-07 Moved by Councillor West Seconded by Councillor Kean THAT the Council Minutes from Meeting Number 05-05, Special Council – Public Planning Minutes from Meeting Number 05-06 and Special Council Minutes from Meeting Number 05-07 be adopted as printed and circulated. CARRIED IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(3), 2(5), 3(1), 4 and 6 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Buck Seconded by Councillor West 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: 5. EAC-05-03 - February 21, 2005 Environmental Advisory Committee Meeting THAT the Committee Record of the Environmental Advisory Committee Meeting EAC05-03 held on February 21, 2005 be received as information; and Approval of Minutes 1. Environmental Advisory Committee Meeting Record No. 05-01, dated Monday, January 10, 2005 Record No. 05-02, dated Monday, January 24, 2005 THAT the approval of Meeting Record No. 05-01 dated January 10, 2005, be deferred to the next Environmental Advisory Committee meeting; and Council Meeting No. 05-09 Page 3 of 13 Tuesday, March 8, 2005 THAT Meeting Record No. 05-02 dated January 24, 2005, be approved with the following changes: David Tomlinson be added to the list of Committee Members that were present at the meeting, and that reference under Sub-Committees Reports/Updates to advertisements having to be made two weeks in advance be changed to forty-eight hours. 2. Memorandum from Director of Public Works Town of Aurora Administration Organizational Chart THAT the Memorandum from the Director of Public Works and corresponding Town of Aurora Administration Organizational Chart be received. 3. Memorandum from Mayor Jones Correspondence from Toronto and Region Conservation Authority Rescheduling of the 2005 Mayor’s Megawatt Challenge Program THAT Catherine Marshall, as a member of the Public Awareness/Education Sub-Committee, be requested by Susan Walmer to attend the 2005 Mayor’s Megawatt Challenge Program on February 22, 2005, and if unable to attend that regrets be sent on behalf of the Environmental Advisory Committee. 4. LS05-008 – Non Chemical Weed Control on Municipal Boulevards THAT LS05-008 – Non Chemical Weed Control on Municipal Boulevards be deferred to the March 21st meeting; And that, Mr. Allan Downey, or a representative from the Leisure Services Department, be invited to attend the March 21st Environmental Advisory Committee meeting to address the committee re: non chemical weed control on municipal boulevards; And further that the Leisure Services representative be asked to respond to the option of providing some increased public education on the ecological reality of roadside verges, the feasibility of using alternate ground cover on roadside verges, and an overview of the four procedures of the trial program as detailed in Mr. Downey’s memo of February 21, 2005, as well as provide the EAC members with an overview of general use of herbicides and pesticides throughout the Town. 5. Newmarket Environmental Advisory Committee Events Schedule THAT the Newmarket Environmental Advisory Committee Events Schedule be received and reviewed by all Sub-Committees of the Environmental Advisory Committee. 6. Resignation by Mr. Turriff from the By-laws/Policy Sub-Committee THAT the resignation of Mr. Turriff from the By-laws/Policy Sub- Committee be received. 7. Correspondence from the Director of Public Works to Petro Canada Aqua Terre report dated December 15, 2004 – 50 Industrial Parkway South (Petro Canada Card Lock Outlet No. 04616) THAT an update be provided to members of the Environmental Advisory Committee by staff on the steps taken to date following up on previous motions related to this issue; THAT a letter be requested from the Ministry of the Environment on what their involvement has been, the subsequent results, and their future involvement will be on this issue; Council Meeting No. 05-09 Page 4 of 13 Tuesday, March 8, 2005 THAT Petro Canada be requested to provide conclusive independent engineering findings that the current tank installations are not leaking; THAT the Ministry of the Environment, the Ministry of Consumer and Business Services, and any other regulatory agency that retains audit records that indicate the amount if any of petroleum loss, be requested to review the audit records of Petro Canada at 50 Industrial Parkway South from 2001 to the current date and report interpretation of said data; and THAT a copy of Petro Canada’s response to the correspondence from the Director of Public Works dated January 18, 2005, to be received the week of February 21st , be provided to members of the Environmental Advisory Committee at the next scheduled EAC meeting. THAT a copy of the above recommendations of the Environmental Advisory Committee be provided to Council at the February 22, 2005, meeting to expedite the matter. 8. Region of York Resolution to Amend the Oak Ridges Moraine Conservation Plan and Modify the Greenbelt Draft Plan prior to Permit Small Scale Renewable Energy Sources THAT the correspondence from the Region of York on the Resolution to Amend the Oak Ridges Moraine Conservation Plan and Modify the Greenbelt Draft Plan prior to Permit Small Scale Renewable Energy Sources be received. 9. Region of York – January 20, 2005 Council Highlights and Forest Conservation By-law THAT a staff report be presented to Council for their comments and any recommendations from the Town be made to the Region prior to the Regional Council meeting in March on the Forest Conservation By-law. 10. Correspondence from Sandra Malcic – York Region’s Stakeholders Pollution Prevention Workshop THAT the correspondence from Sandra Malcic – York Region’s 2nd Stakeholders Pollution Prevention Workshop on February 11, 2005, be received. 11. Correspondence from Sandra Malcic – Green Economy Course 2005 THAT the correspondence from Sandra Malcic – Green Economy Course 2005, be received. 12. List of Sub-Committee Meeting Dates THAT the List of Sub-Committee Meeting Dates be received with the following changes: the Public Awareness/Education Sub-Committee meeting scheduled for July 4, 2005, be rescheduled to July 11, 2005, and that the Planning Sub-Committee meeting of April 26, 2005, be rescheduled to April 19, 2005. 13. Record of the Planning Sub-Committee 05-01 dated Tuesday, February 8, 2005 THAT the Record of the Planning Sub-Committee 05-01 dated Tuesday, February 8, 2005, be received. Council Meeting No. 05-09 Page 5 of 13 Tuesday, March 8, 2005 14. Public Awareness/Education Sub-Committee THAT each Sub-Committee at their next scheduled meeting create a purpose statement/ mission statement, goals and priorities, which fall within the terms of Reference of the EAC and bring them forward at the April 11, 2005, Environmental Advisory Committee meeting. 15. Record of the Public Awareness/Education Sub-Committee 05-01 dated Monday, January 24, 2005, and 05-02 dated Monday, February 7, 2005 THAT the meeting Records of the Public Awareness/Education Sub- Committee 05-01 dated Monday, January 24, 2005, and 05-02 dated Monday, February 7, 2005, be received. 16. Record of the Waste Management Sub-Committee 05-01 dated Monday, February 7, 2005 Rob Cook presented a summary of the sub-committee report which was attached to the agenda, and he also spoke at length to item 17 which resulted in the two separate motions below. Rob Cook was requested by the EAC to meet the Director of Public Works to discuss the implementation of both recommendations. 17. Report on Markham’s “Mission Green” – January 25, 2005 Seminar THAT the EAC recommends that a Program Management Group for the Three Stream Collection Program, chaired by Public Works staff, be created with representation from Council, Town staff, and Environmental Advisory Committee members. 18. Pilot program for introduction of green bins by some or all EAC members, Councillors, and Staff THAT the EAC recommends that a pilot project be established for the green bin collection system with participation from Council members, Town staff, and Environmental Advisory Committee members subject to discussion with the Director of Public Works. 19. Request for a report from staff on the use of the Blue Box program at all Town of Aurora’s facilities Following up on the discussion that took place in the Waste Management Sub-Committee meeting, Robert Cook inquired as to the feasibility of information being compiled by staff on the effectiveness of the Blue Box program within Town owned facilities. Mr. Atkins will follow up on having this information compiled. 20. Naturalization/Wildlife Subcommittee The first meeting of the Naturalization/Wildlife Sub-Committee is Wednesday, March 2, 2005. The Naturalization/Wildlife Sub-Committee will require a map of the Regional woodlots, a map of the storm water ponds, and aerial photographs of the Town. David Tomlinson will be following up with the appropriate Town staff to obtain these. David Tomlinson informed the Committee that at the last 2C Lands meeting it was decided that tracking will begin in the Winter and Staff are going to get in touch with David Tomlinson when the bird survey is going to take place. Council Meeting No. 05-09 Page 6 of 13 Tuesday, March 8, 2005 8. Resolution from the City of Vaughan Re: Bill 135 – Greenbelt Act THAT Council receive and endorse the following resolution from the City of Vaughan: The Council of the Corporation of the City of Vaughan requests that the Boyd Conservation Area “Boyd Park” south of Rutherford Road and west of the original road allowance between Concessions 6 and 7, in the City of Vaughan be included in the Greenbelt Plan; THAT the Council of the Corporation of the City of Vaughan supports the Infrastructure policies within the Draft Greenbelt Plan which recognize that existing infrastructure in the Greenbelt must be maintained, and may be expanded, and new infrastructure will be permitted in order to serve the existing and permitted land uses within the Greenbelt and surrounding the Greenbelt; AND THAT the Province of Ontario, the Provincial Minister of Municipal Affairs and Housing (Hon. John Gerretsen), MPP Mario Racco, MPP Greg Sorbara, the Provincial Opposition Critic of Municipal Affairs (MPP Tim Hudak), the Toronto and Region Conservation Authority, the Region of York and all other municipalities affected by Bill 135 be advised of this resolution immediately. 9. Correspondence from Hydro One Networks Inc. Re: Supply to York Region – Draft Environmental Study Report THAT the correspondence from Hydro One Networks Inc. regarding Supply to York Region – Draft Environmental Study Report be received and referred to the Hydro One Task Force. CARRIED VII DELEGATIONS (c) Mr. Quinn Bingham Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin, 74 Wellington Street East Mr. Quinn Bingham addressed Council to oppose the proposed access onto Centre Street from 74 Wellington Street East. Mr. Bingham discussed the work which the residents have done in order to preserve the heritage of their neighbourhood and suggested, therefore, that Plan 5 as outlined in report PL05- 018 would be the most appropriate solution. (b) Mr. David Walker Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin, 74 Wellington Street East Mr. David Walker addressed Council to oppose the proposed access onto Centre Street from 74 Wellington Street East. Mr. Walker quoted sections of the Official Plan, suggesting that these should be adhered to when making a decision on this matter. Mr. Walker advised that two workable solutions, Plan 5 and Plan 6 as outlined in report PL05-018, have been submitted and that he believes Plan 5 to be the most appropriate option. Council Meeting No. 05-09 Page 7 of 13 Tuesday, March 8, 2005 (a) Mr. Dan Revington Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin, 74 Wellington Street East Mr. Dan Revington addressed Council to oppose the proposed access onto Centre Street from 74 Wellington Street East. Mr. Revington indicated that he believes Plan 5, as outlined in report PL05-018, to be the best option, and that it would be in keeping with attempting to create a heritage district. Mr. Ken Pearson Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin, 74 Wellington Street East (Added Item) Mr. Ken Pearson, President of the Olde Aurora Ratepayers Association, addressed Council to oppose the proposed access onto Centre Street from 74 Wellington Street East. Mr. Pearson indicated that he is concerned about the impact on traffic and the neighbourhood, and that he is in support of Plan 5, as outlined in report PL05-018. Mr. Richard Harrison Re: Item 3(1) – Zoning Amendment Application Andrew Weber and Neal Santin, 74 Wellington Street East (Added Item) Mr. Richard Harrison, representing the applicants, addressed Council to advise that Plan 3 as outlined in report PL05-018, which he is proposing, will minimally increase the traffic onto Centre Street. It provides for extensive landscaping and diminishes visibility to the parking lot by skewing the entrance. Mr. Harrison advised that the applicants have offered to install a control gate, in an attempt to address concerns regarding the possibility of vehicles using the property as a cut-through between Wellington Street East and Centre Street. Moved by Councillor Buck Seconded by Councillor Hogg THAT the delegations be received for information. CARRIED Moved by Councillor West Seconded by Councillor Hogg THAT Item 3(1) be brought forward for discussion. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. General Committee Meeting Report No. 05-07, Tuesday, March 1, 2005 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 05-07, TUESDAY, MARCH 1, 2005 (1) PL05-018 – Zoning By-law Amendment Application Andrew Weber and Neal Santin, 74 Wellington Street East Lot 13, RP 107, File D14-09-04 Moved by Councillor West Seconded by Councillor Buck THAT the application to rezone the property from “Special Mixed Density Residential (R5) Zone” to “Special Mixed Density Residential (R5-X) Council Meeting No. 05-09 Page 8 of 13 Tuesday, March 8, 2005 Exception Zone” to allow the lands to be used for business and professional offices, excluding medical offices, be approved; and THAT Plan 3 - Applicant Site Plan be adopted as outlined in Figure 4 (Plan 3) of report PL05-018; and THAT a control gate be added to the requirements of the application. CARRIED Councillor Wallace, having previously declared an interest in Item 3(6), did not take part in the vote called for in regard to the adoption of this item. (6) CS05-008 – 2005 Communications Plan Moved by Councillor West Seconded by Councillor Vrancic THAT the proposed 2005 Communications Plan as outlined in Appendix “A” be endorsed; and THAT staff be directed to implement the strategies outlined in the plan. CARRIED Moved by Councillor West Seconded by Councillor Kean THAT the balance of the Report of the General Committee Meeting No. 05-07 be received and the recommendations carried by the Committee be adopted. CARRIED Mayor Jones, having previously declared an interest in Item 1, relinquished the chair to Councillor Kean and did not take part in the vote called for in regard to the adoption of this item. 1. Special General Committee Meeting Report No. 05-05 Saturday, February 19, 2005 (3) Public Works Dept. 2005 Capital Budget Plan Moved by Councillor Gaertner Seconded by Councillor West THAT the details of the Public Works Department Capital Budget as presented by the Director of Public Works be received. CARRIED Moved by Councillor West Seconded by Councillor Wallace THAT the balance of the Report of the Special General Committee Meeting No. 05-05 be received and the recommendations carried by the Committee be adopted. CARRIED Council Meeting No. 05-09 Page 9 of 13 Tuesday, March 8, 2005 Mayor Jones, having previously declared an interest in Item 2, did not take part in the vote called for in regard to the adoption of this item. 2. Special General Committee Meeting Report No. 05-06 Saturday, February 26, 2005 Moved by Councillor West Seconded by Councillor Wallace THAT the balance of the Report of the Special General Committee Meeting No. 05-06 be received and the recommendations carried by the Committee be adopted. CARRIED Mayor Jones resumed the Chair for this item. (5) Heritage Advisory Committee Budget Moved by Councillor Kean Seconded by Councillor Wallace THAT the Heritage Advisory Committee Budget be increased by $3,500. On a recorded vote the resolution was DEFEATED. YEAS: 3 NAYS: 5 VOTING YEAS: Councillors Gaertner, Kean and Wallace VOTING NAYS: Councillors Buck, Hogg, Vrancic, West and Mayor Jones Moved by Councillor West Seconded by Councillor Wallace THAT Item 6 be brought forward. CARRIED 6. LS05-014 – Selection of Project Architect for the New Fire Hall Moved by Councillor Vrancic Seconded by Councillor Kean THAT Council endorse the selection of Thomas Brown Architects Inc. as the Project Architect for the new Fire Hall, subject to the signing of a satisfactory Agreement with the Town of Aurora; and THAT staff report back to Council with the Agreement for final Council approval. CARRIED 4. ACCESS-05-02 February 24, 2005 Accessibility Advisory Committee Meeting Moved by Councillor Buck Seconded by Councillor West 1. THAT the Committee Record of the Accessibility Advisory Meeting held on February 24, 2005 be received for information; and Council Meeting No. 05-09 Page 10 of 13 Tuesday, March 8, 2005 2. Town of Aurora 2005 Accessibility Plan THAT, subject to the results of the Facility Audit, the Draft 2005 Accessibility Plan, with the following additional New Actions for 2005, be approved as amended. Item BARRIER TYPE ACTION DEPT RESPONSIBLE #14 Lower book shelves throughout the library physical Installation of drawers on the lower two bookshelves to permit all patrons to review the spine of the books from a standing position Library 3. Correspondence from York Region Requesting endorsement of their recommendations regarding the New Accessibility for Ontarians with Disabilities Act (Bill 118) THAT the correspondence from York Region regarding the New Accessibility for Ontarians with Disabilities Act (Bill 188) be received and endorsed. 4. Correspondence from Mr. Cam Jackson, MPP Burlington, requesting endorsement of his petition THAT the correspondence be received; and THAT the resolution from Mr. Cam Jackson, MPP Burlington, requesting that Mr. David Lepofsy, Chair of the Ontarians with Disabilities Act Committee become an integral part of the review and strengthening of New Accessibility for Ontarians with Disabilities Act (Bill 188), be endorsed. 5. Correspondence from Ms Brenda Lobraico regarding accessibility to Older Retail Businesses THAT the correspondence from Ms Brenda Lobraicio, Chair of the Town of Whitchurch/Stouffville Accessibility Committee, regarding accessibility to older retail businesses, be received; and THAT staff advise Ms Lobraicio that this program currently has not been addressed by the Committee but will be considered in the future together with any provisions in the new Act. 6. Appointment of representative to sit on the Board of Directors for the Canadian National Institute for the Blind of York Region THAT Jim Hamilton be appointed as the Town of Aurora representative to the Board of Directors for the Canadian National Institute for the Blind of York Region. 7. Correspondence from Mr. A. Karmazyn, Manager of Facilities Notification from Linda Kinney of the Canadian Paraplegic Association and Correspondence from Mr. A. Karmazyn, Manager of Facilities Update on the accessibility projects in the Town Hall. THAT the two items of correspondence from Mr. A. Karmazyn, Manager of Facilities Update on the accessibility projects in the Town Hall, be received. Council Meeting No. 05-09 Page 11 of 13 Tuesday, March 8, 2005 8. Accessibility Parking Permits Issued by the Ministry of Transportation THAT a letter be sent to the Aurora Chamber of Commerce requesting that all businesses maintain their accessibility parking spaces; and THAT a reminder be placed in the “Notice Board” advising of the penalty of misusing the accessibility parking permits issued by the Ministry of Transportation; and THAT the Province of Ontario be requested to investigate issuing accessibility parking permits with a photograph of the permit holder on the actual permit, similar to the system utilized in the United Kingdom. CARRIED 7. Correspondence from the Aurora Youth Soccer Club Re: 10-Year Interest Free Loan This item was withdrawn from the agenda. IX REGIONAL REPORT Highlights from Regional Council meetings are posted on their website at www.region.york.on.ca under “Council Highlights”. X OTHER BUSINESS, COUNCILLORS Memorandum from the Administrative Co-ordinator Re: Notice of Motion by Councillor West Item 3(4) - Copy of AMO Survey (Added Item) Council reviewed the AMO Survey questions and agreed on the following responses: 1. Does Council believe the term of municipal councillors should be lengthened from 3 years to 4 years for every municipality in the Province of Ontario? NO 2. Does Council believe Single and Upper Tier municipalities should be able to determine their own length of term? NO 3. Does Council believe municipal elections should be planned to occur in the same year as provincial elections (which may now occur every four years starting in 2007)? NO 4. Would Council be in favour of changing the time of year when municipal elections occur? YES 4(b) Council would prefer elections to occur in the month of SEPTEMBER. 5. Does Council think school boards should be elected at the same time as municipal Councils? YES 6. Would Council be in favour of lowering the voting age from 18 to 16 years of age? NO Council Meeting No. 05-09 Page 12 of 13 Tuesday, March 8, 2005 Moved by Councillor West Seconded by Councillor Wallace THAT the completed AMO Survey be forwarded to the Association of Municipalities of Ontario. CARRIED Councillor West raised concerns about the overload on the Town’s telephone system on the morning of March 8, 2005, due to the Tele-PLAY aquatics registration process. Mayor Jones responded that staff will take the necessary steps to ensure that the telephone lines for the Town Hall are kept accessible at all times. Withdrawal of Request for Loan by the Aurora Youth Soccer Club Item 7 (Added Item) Moved by Councillor Vrancic Seconded by Councillor Wallace THAT the withdrawal of Item 7 – Request for Loan by the Aurora Youth Soccer Club – be received. CARRIED XI READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor West THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4649-05.H BEING A BY-LAW to appoint a Chief Administrative Officer and to establish the duties and responsibilities thereof. (Appoint – John Stewart Rogers) 4648.05.C BEING A BY-LAW to confirm actions by Council resulting from the meeting of March 8, 2005. CARRIED XII IN-CAMERA Personnel Matter Moved by Councillor Kean Seconded by Councillor Vrancic THAT Council proceed In-Camera to address a personnel matter. CARRIED Council Meeting No. 05-09 Page 13 of 13 Tuesday, March 8, 2005 XIII ADJOURNMENT Moved by Councillor Kean THAT the meeting be adjourned at 9:07 p.m. CARRIED ______________________________ _____________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK