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MINUTES - Council - 20051108 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 05-36 Council Chambers Aurora Town Hall Tuesday, November 8, 2005 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 Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/Treasurer, Town Solicitor and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:15 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Vrancic declared an interest in the In-Camera Item of November 1, 2005 and Item 8 – Report PL05-097 – Zoning By-law Amendment Applications – Paula Bell, 15 Mosley Street, by virtue of solicitor-client relationships and did not take part in or vote on any questions relating to these matters or attempt in any way to influence the voting on such questions. II APPROVAL OF AGENDA Moved by Councillor Kean Seconded by Councillor Buck THAT the content of the Agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Correspondence from Ms Gayle Whitehead, Manager of Community Programs and Children’s Services Re: Swim to Survive  By-law 4715-05.D with Revised Schedule A  Delegation Request from Ms Rebecca Beaton Re: Item 11 - TR05-031 – Aurora Hydro Connections Sale CARRIED Council Meeting No. 05-36 Page 2 of 13 Tuesday, November 8, 2005 III ADOPTION OF MINUTES Council Minutes of October 25, 2005, Meeting Number 05-34 and Special Council – Public Planning Minutes of October 26, 2005, Meeting Number 05-35 Moved by Councillor West Seconded by Councillor Vrancic THAT the Council Minutes of October 25, 2005, Meeting Number 05-34 and the Special Council – Public Planning Minutes of October 26, 2005, Meeting Number 05-35 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Presentation by Mr. Wayne Jackson, Director of Public Works to Ms Ruth Beaton, Permit Information Officer and Mr. David Atkins, Manager of Engineering Services Re: Successful Completion of the Masters Certificate in Municipal Management Mr. Wayne Jackson, the Director of Public Works, congratulated Ms Ruth Beaton, Permit Information Officer for the Building Department, and Mr. David Atkins, Manager of Engineering Services for the Public Works Department, on their successful completion of the Masters Certificate in Municipal Management from the Schulich School of Business at York University. Mr. Jackson advised that the Schulich School of Business is a world class business school, ranked 15th in the world ahead of Chicago, Harvard and Stanford, and that the areas which were studied included: essential skills for Municipal Managers, operational excellence and public sector advancements. Dr. Wesley Cragg, Professor at the Schulich School of Business was in attendance and helped Mayor Jones present Ms Beaton and Mr. Atkins with their certificates. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2(4), 2(11), 2(13), 2(14), 2(15), 3, 5, 6, 7, 8, 10 and 11 were identified for discussion. 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: 4. ACCESS05-07 – October 27, 2005 Accessibility Advisory Committee Meeting THAT the No Quorum Record of the October 27, 2005 Accessibility Advisory Committee Meeting be received. Council Meeting No. 05-36 Page 3 of 13 Tuesday, November 8, 2005 9. PL05-106 – Application to Amend the Zoning By-law and Application for Site Plan Approval, Aurora Heights Development Inc. 15450 Yonge Street, Part of Lot 3 and Part of Block B of Registered Plan 246 Files D14-08-02 and D11-01-05 THAT 61 units of residential servicing be allocated to Aurora Heights Development Inc. (15450) Yonge Street. CARRIED VII DELEGATIONS (a) Mr. Greg Baxter, Municipal Property Assessment Corporation (MPAC) Re: Item 1 – TR05-030 – 2005 Property Assessment Data for the 2006 Property Taxation Year Mr. Greg Baxter addressed Council to outline and clarify the assessment process by reviewing what items are assessable, the factors that are used in the process, and procedures that are in place so that each property does not require an in- person visit. Mr. Baxter also indicated that, since property owners are requesting more information on how properties are assessed, additional information comparing the previous year’s assessment to this year’s assessment will be provided on the new notices, which will be mailed on November 10, 2005 for Aurora. Also, Mr. Baxter indicated that property owners would like the Municipal Property Assessment Corporation to be more approachable and accessible, therefore the office, which is located at 45 Vogell Road in Richmond Hill, will be extending their hours of operation during the weeks of November 14 – 25, 2005 from 8:00 a.m. until 7:00 p.m. As well, the following contact information will be provided on the notices: phone: 1-866-296-MPAC; fax: 1-866-297-6703; email: enquiry@mpac.ca; and website: www.mpac.ca. Mr. Baxter advised that a Request for Reconsideration can be filed by a resident, free of charge, by December 31, 2006, should they not agree with their assessment and a Notice of Complaint can be filed until March 31, 2006 for a fee of $75 for residents and $150 for commercial, industrial and multi-residential. Moved by Councillor Wallace Seconded by Councillor Morris THAT the presentation by the delegate be received and that Item 1 be brought forward for discussion. CARRIED 1. TR05-030 – 2005 Property Assessment Data for the 2006 Property Taxation Year Moved by Councillor West Seconded by Councillor Wallace THAT Report TR05-030 regarding 2005 Property Assessment Data for the 2006 Property Taxation Year be received for information. CARRIED Council Meeting No. 05-36 Page 4 of 13 Tuesday, November 8, 2005 (b) Mr. L. John Gutteridge, Director of Financial Services/Treasurer Re: Budget Process Mr. John Gutteridge, the Director of Financial Services/Treasurer addressed Council to provide an overview of the budget process. Mr. Gutteridge outlined, in detail, the 3 step process, which includes 1) Business Plans 2) Capital Budget and 3) Operating Budget. Mr. Gutteridge suggested the following schedule in an attempt to adopt the 2006 Budget by the end of 2005:  November 22, 2005 Draft Budget to Council  November 24, 2005 Budget Deliberations  November 28, 2005 Budget Deliberations  December 5, 2005 Budget Deliberations  December 20, 2005 Adoption of Budget at a Special Council Meeting Moved by Councillor West Seconded by Councillor Hogg THAT the presentation be received for information. CARRIED (c) Mr. John Rogers, CAO Re: Item 10 – Civic Administration Mr. John Rogers, CAO addressed Council to provide an overview of the suggested re-organization of the Civic Administration by reviewing the proposed organizational charts. Mr. Rogers indicated that the position of the new staff member responsible for the Town of Aurora website will have the title of “Web and Communications Specialist”. As well, Mr. Rogers indicated that the Communications Division would be titled “Marketing and Corporate Communications”. Moved by Councillor West Seconded by Councillor Wallace THAT the presentation be received for information and that Item 10 be brought forward for discussion. CARRIED 10. ADM05 -021 – Civic Administration - Revised Moved by Councillor West Seconded by Councillor Morris 1. THAT the existing Treasury Department be formally re-titled the Financial Services Department; and 2. THAT the approved position of Financial Analyst be retitled Financial Analyst/Budget Supervisor; and 3. THAT the Financial Services Department (Financial Analyst/Budget Supervisor) assume the responsibility for the supervision of the Budget Co-ordinators of the Leisure Services Department and the Public Works Department, as their duties relate to the administration, development and reporting of the annual operational and capital budgets for those Departments; for all other duties of these pooled positions, their current reporting relationship with their existing Departments remains unchanged; and Council Meeting No. 05-36 Page 5 of 13 Tuesday, November 8, 2005 4. THAT the Municipal Information Systems (MIS) section of the existing Treasury Department be transferred to the operational jurisdiction of the Corporate Services Department; and 5. THAT the re-structured administrative organization of the Financial Services Department be as outlined on the attached Financial Services Department- Organization Chart (Appendix A of report ADM05-021); and 6. THAT the Communication/Marketing Section of the existing Corporate Services Department be transferred to the operational jurisdiction of the Office of the Chief Administrative Officer; and 7. THAT effective immediately all real estate matters and property valuation (including cash-in-lieu) matters be transferred from all other Departments and Divisions of the Administration to the Legal Division of the Office of the Chief Administrative Officer; and 8. THAT at the earliest possible opportunity the resources of the Legal Division be strengthened with the addition of a junior Solicitor to the complement of the Office of the Town Solicitor; and 9. THAT the Senior Management Team be recognized as comprising of the Chief Administrative Officer ( Chair ), all Department Heads, the Town Solicitor and the Economic Development Officer; and 10. THAT the re-structured administrative organization of the Civic Administration be adopted as outlined on the attached Civic Administrative – Organization Chart (Appendix B of report ADM05-021) to take effect on January 1, 2006. CARRIED (c) Ms Rebecca Beaton, Resident Re: Item 11 – TR05-031 – Aurora Hydro Connections Sale Ms Beaton addressed Council to advise that the following clauses from the motions that were passed at the June 28, 2005 Council meeting have not been addressed in report TR05-031: 6. THAT existing Reserve Fund balances as at December 31, 2004 contained in Schedule A attached to this report be left intact until a full examination of such Reserve Funds has been undertaken in conjunction with the Consolidated Asset Management Review and a subsequent report on the nature, scope and adequacy of these funds have been reviewed by Council in September 2005. It should be noted that Reserve Fund Balances can only be spent, allocated or re-assigned for the express purpose that the specific Reserve Fund was created for. 9. THAT clause #9 in report TR05-025 be referred back to staff for a report to incorporate Council’s comments and provide timelines regarding the use of funds. Ms Beaton inquired as to whether the above information would be available prior to the 2006 budget approval, to which the Mayor responded that it would be. Ms Beaton inquired as to whether the entire offer of purchase and sale for Aurora Hydro would be made available to the public, to which the CAO responded that, subject to legal and Municipal Freedom of Information and Protection of Privacy Act review, it would be made available for public viewing. Council Meeting No. 05-36 Page 6 of 13 Tuesday, November 8, 2005 Moved by Councillor West Seconded by Councillor Kean THAT the comments of the delegate be received, and that the requests of the delegate be responded to and that Item 11 be brought forward for discussion. CARRIED 11. TR05-031 – Aurora Hydro Connections Sale Moved by Councillor West Seconded by Councillor Kean THAT Council request the Director of Financial Services to bring back a report to a future General Committee meeting, within the next 3 months, with proposals to consider for the investment of the funds from the sale of Aurora Hydro, with a view of investing in a long term 5 – 10 year plan. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Hogg Seconded by Councillor Morris THAT staff bring forward a report, to the December 6, 2005 General Committee meeting, that provides a plan outlining milestones and deliverables. CARRIED On a recorded vote, the main motion as amended was CARRIED. YEAS: 7 NAYS: 2 VOTING YEA: Councillors Gaertner, Hogg, Kean, Morris, Vrancic, Wallace and West VOTING NAY: Councillor Buck and Mayor Jones VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. General Committee Meeting Report No. 05-22, Tuesday, November 1, 2005 (4) Correspondence from the Greater Toronto Area Clean Air Council Re: Proposal to establish the Greater Toronto Atmospheric Fund (GTAF) Moved by Councillor Gaertner Seconded by Councillor Kean THAT correspondence be received as information; and THAT the matter be referred to the Environmental Advisory Committee. CARRIED Council Meeting No. 05-36 Page 7 of 13 Tuesday, November 8, 2005 (13) Memo from the CAO’s Office Re: In-Camera Assembly to Discuss Naming Rights of the New Recreation Complex Moved by Councillor West Seconded by Councillor Buck THAT, in accordance with Council’s direction, an In-Camera Assembly be held on Tuesday, November 8, 2005 at 6:00 p.m., to discuss naming rights for the New Recreation Complex. CARRIED (14) PL05-104 – Prehearing Conference of the Ontario Municipal Board Respecting Appeals to OPA #17 & ROPA #3 Regarding the Delineation of the Town’s Urban Settlement Area OMB Case PL980166, OMB File No. 0980052 Moved by Councillor Gaertner Seconded by Councillor Kean THAT the Director of Planning request clarification from the Region of any outstanding compliance requirements supporting the incorporation of Area 2C within the urban boundaries of the Town by Regional Official Plan Amendment and the details of any outstanding requirements and that Staff be authorized to take such action and proceed as required to achieve compliance therewith; and THAT the Director of Planning report back to Council on the foregoing, forthwith following the final report of the Area 2C Natural Features Study or by the end of March, 2006, whichever is the earlier. DEFEATED Moved by Councillor Kean Seconded by Councillor Vrancic THAT the Director of Planning request clarification from the Region of any outstanding compliance requirements supporting the incorporation of Area 2C within the urban boundaries of the Town by Regional Official Plan Amendment and the details of any outstanding requirements and that Staff be authorized to take such action and proceed as required to achieve compliance therewith; and THAT the Chief Administrative Officer and Director of Planning convene a meeting with representatives of the appellants and parties respecting outstanding appeals/referrals to Regional Official Plan Amendment No. 3 and Town of Aurora Official Plan Amendment No. 17 with a view to narrowing or eliminating matters before the Ontario Municipal Board for disposition; and THAT the Director of Planning report back to Council on the foregoing, forthwith following the final report of the Area 2C Natural Features Study or by the end of March, 2006, whichever is the earlier. CARRIED (11) Notice of Written Proceeding - York Region Electrical Supply Moved by Councillor Morris Seconded by Councillor Kean THAT the Council support the location of the transformer station at the Holland junction; and Council Meeting No. 05-36 Page 8 of 13 Tuesday, November 8, 2005 THAT staff be authorized to take the appropriate steps to proceed as deemed necessary. CARRIED (15) ADM05-020 – Terms of Reference/Audit Committee Moved by Councillor Morris Seconded by Councillor Hogg THAT the General Committee remain as the Audit Committee and that the Terms of Reference of the Finance Advisory Committee not be amended. CARRIED Moved by Councillor Vrancic Seconded by Councillor Kean THAT the balance of the report of the General Committee Meeting No. 05- 22 be received and the recommendations carried by the Committee be adopted. CARRIED 3. LSAC05-09 – October 13, 2005 Leisure Services Advisory Committee Meeting (2) Arboretum Master Plan Moved by Councillor West Seconded by Councillor Wallace THAT the matter be referred back to the Leisure Services Advisory Committee for clarification regarding the overall concept and funding of the plan. CARRIED (7) Report LS05-055 – Youth Action Sub-Committee Recruitment 2005/2006 Moved by Councillor Wallace Seconded by Councillor Vrancic THAT the Leisure Services Advisory Committee appoint the following youth members to sit on the Youth Action Sub-Committee for the 2005/2006 school year:  Britney Bartlet, Cardinal Carter C.H.S.  Charles Ho, St. Andrew’s College  Tony Lau, St. Andrew’s College  Bryan Lin, St. Andrew’s College  Trevor Smith, Northern Lights P.S.  Lori Scriven, Dr. G.W. Williams S.S.  Michael Taylor, Unionville H.S. CARRIED Moved by Councillor Kean Seconded by Councillor Morris THAT the meeting be extended past 10:30 p.m. in order to address the remaining items on the agenda. CARRIED Council Meeting No. 05-36 Page 9 of 13 Tuesday, November 8, 2005 (8) Special Events Sub-Committee Moved by Councillor West Seconded by Councillor Wallace THAT the proposal to light up the trees at the Cenotaph not be pursued. CARRIED Moved by Councillor Vrancic Seconded by Councillor Kean THAT, Ms Rebecca Beaton be appointed to fill one of the two vacancies on the Special Events Sub-Committee. CARRIED Moved by Councillor Kean Seconded by Councillor Wallace 1. THAT the balance of Committee Record of the Leisure Services Advisory Committee meeting, held on October 13, 2005, be received for information and Council endorse the following recommendations of the Leisure Services Advisory Committee: 3. Review of Community Survey THAT the review of the Community Survey be deferred to the next Leisure Services Advisory Committee meeting. 4. Survey of Interest in Special Events Membership THAT the Survey of Interest in Special Events Membership be received for information. 5. Aurora Minor Ball Space THAT the Aurora Minor Ball Association report be received for information. 6. Crescent Brook Farms Child Care THAT the York Region Neighbourhood Services Inc. report be received for information. 8. Special Events Sub-Committee THAT Ms Ware check the viability of incorporating a waiver into the float registration process for this year’s parade. CARRIED 5. Memo from the Director of Corporate Services Re: Bill 123, Transparency in Public Matters Act, 2005 Moved by Councillor Morris Seconded by Councillor Kean THAT Bill 123, Transparency in Public Matters Act, 2005 be endorsed in principle. Council Meeting No. 05-36 Page 10 of 13 Tuesday, November 8, 2005 Point of Order by Councillor Buck THAT Notice of Motion was not given to endorse Bill 123. The Chair recognized and supported the Point of Order. An appeal to the Chair’s ruling was filed by Councillor Vrancic stating that a Notice of Motion was not required because all of the information was provided in the agenda. A vote on the Point of Order was taken by Members of Council and the Point of Order was DEFEATED. The original motion was WITHDRAWN and a new motion was presented: Moved by Councillor Morris Seconded by Councillor Kean THAT the matter be referred to the next Council meeting. CARRIED 6. Memo from Councillor West Re: Council Attendance - Minutes Moved by Councillor West Seconded by Councillor Kean 1. THAT the minutes report members in attendance after the meeting has been called to order as “present”, and those members not present as “absent”; and 2. THAT arrival and departure times be recorded for Council Members who arrive after the meeting has been called to order and for those members who leave before the adjournment of the meeting; and 3. THAT, for all committees of Council, Councillors and citizens be recorded in the same way. CARRIED 7. Resolution from Councillor Buck Regarding Notice of Motion Re: Child Care for Town Employees Moved by Councillor Buck Seconded by Councillor Hogg THAT this matter be referred to the next Council meeting. CARRIED Council Meeting No. 05-36 Page 11 of 13 Tuesday, November 8, 2005 Councillor Vrancic, having previously declared an interest in Item 8, 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. 8. PL05-097 – Zoning By-law Amendment Applications Paula Bell, 15 Mosley Street, Pt Lot 1, R.P. 68 File D14-14-05 Moved by Councillor Kean Seconded by Councillor Hogg THAT Council receive, as information, the following overview of Zoning By-law Amendment Application D14-14-05, and schedule the application for December 13th, 2005 at 6:30 p.m. prior to the regular scheduled Council meeting. CARRIED Correspondence from Ms Gayle Whitehead, Manager of Community Programs and Children’s Services Re: Swim to Survive (Added Item) Moved by Councillor Kean Seconded by Councillor Hogg THAT the matter be referred to the Director of Leisure Services for a report outlining a policy for these types of requests. CARRIED IX REGIONAL REPORT Mayor Jones indicated that there are a number of items pertaining to the Regional Report and that he would leave the press release in the Councillors’ Lounge for perusal by the Councillors. Highlights from Regional Council meetings are posted on their website at www.region.york.on.ca under “Council Highlights”. X OTHER BUSINESS, COUNCILLORS Mayor Jones handed out a book to all Councillors titled “Building Character: A Community’s Success Story”. Councillor Kean inquired as to whether our rinks would be getting defibrillators, to which the Director of Leisure Services responded that staff are actively working on obtaining 2 free defibrillators and that the majority of the funds that have been allocated for the defibrillators will be put towards training, hook-up to 911 and maintenance. Moved by Councillor Kean Seconded by Councillor Hogg THAT the Director of Leisure Services bring a report to General Committee regarding defibrillators in Town facilities. CARRIED Council Meeting No. 05-36 Page 12 of 13 Tuesday, November 8, 2005 Councillor Kean inquired about the power outages in town, particularly on Connaught Avenue to which Mayor Jones responded that he spoke to Power Stream who are investigating the problem, which they believe may be caused by branches hitting the power lines. The Director of Public Works was asked to follow up on the issue. Councillor Buck advised that Ms Jacqueline Stewart, who has been the curator at the Aurora Museum for approximately 30 years, is resigning and requested that she be invited to a Council meeting to thank her for her many years of service. Councillor Gaertner thanked Mr. David Tomlinson and all of his volunteers for planting 10,000 acorn trees at the new Recreation Complex. Councillor Gaertner requested that Councillors keep the pages of the agenda dealing with Bill 123 so that they need not be reproduced again. Councillor Gaertner provide Notice of Motion with respect to a Committee of Adjustment decision. Councillor Morris inquired as to whether the letter from the Director of Public Works to Mr. Ed Harvey regarding the issue of a remedial action plan for 50 Industrial Parkway South, as well as Earth Tech’s findings about exceeding contamination levels, will be coming onto a future agenda, to which the Mayor requested that it be brought to the next General Committee meeting. Councillor Morris thanked Mr. David Tomlinson and all those involved in the planting of 10,000 acorn trees and suggested to the Director of Leisure Services that some type of a snow fence be erected in order to protect them throughout the winter. Councillor West addressed the funnel design in the road at the end of George Street at Wellington Street West, and the traffic congestion that it causes due to the school, nursing home, two condominiums and an apartment building that are on George Street. Moved by Councillor West Seconded by Councillor Hogg THAT George Street at Wellington Street West be reconstructed to a traditional intersection design. DEFEATED XI READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor Hogg THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4715-05.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (Part of Lot 21, Con 2, E.Y.S., 65M-3850, 65M-3851 & 65M-3852, D14-15-05) Council Meeting No. 05-36 Page 13 of 13 Tuesday, November 8, 2005 4719-05.T BEING A BY-LAW to amend Parking and Traffic By-law 4574-04.T as amended, with respect to turning movements on Murray Drive 4720.05.C BEING A BY-LAW to Confirm Actions by Council Resulting From Meeting 05-36 on November 8, 2005. CARRIED XII IN-CAMERA None XIII ADJOURNMENT Moved by Councillor Hogg THAT the meeting be adjourned at 11:15 p.m. CARRIED ________________________________ _____________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK