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MINUTES - Council - 20061017 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 06-28 Council Chambers Aurora Town Hall Tuesday, October 17, 2006 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Morris and Vrancic. MEMBERS ABSENT Councillors West and Wallace were 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 and Council/Committee Secretary. Mayor Jones called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Hogg declared an interest in item 12 - Report PL06-124 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 the addition to Open Forum, 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 Vrancic Seconded by Councillor Morris THAT the content of the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegations regarding item 2 - ADM06-016 - York Region Neighbourhood Services Inc.: (f) Ms Elizabeth Brims, Executive Director - York Region Food Network (g) Ms Patricia Robertson (h) Mr. John Orr (i) Mr. Normand Zapata (j) Mr. Joseph Malek (k) Mr. John Giannitsopoulos  Delegation regarding by-law 4866-06.T - To amend the Parking By-law with respect to Maple Street (l) Ms Christine Morra, resident  Delegations regarding item 4 - PW06 -053 - Review of Additional Light Standards on Glenview Drive and Eldon Crescent: (m) Mr. John and Ms Sigrid White, residents (n) Mr. David Sutton and Ms Tove Sutton, residents (o) Mr. Bruce Leonard, resident Council Meeting No. 06-28 Page 2 of 12 Tuesday, October 17, 2006  Delegations regarding by-law 4863-06.L - Proposed Sale of Town Lands on Vandorf Sideroad (p) Mr. Stuart Fraser, Van Rob Realty Investments Limited (q) Mr. Dorian Munk, Van Rob Realty Investments Limited (r) Mr. Peer Idestrup, resident (s) Mr. Ian McConvey, resident (t) Ms Susan Walmer, resident  Correspondence from Mr. James Beesley, resident To accompany Delegation (c) - OMB Decision regarding ACI  Correspondence regarding item 5 - PW06 -055 - Parking on Pinnacle Trail from the following residents: - Mr. Eric and Ms Tania Edwards, residents - Mr. Wayne and Ms Kelly Gobbels - Ms Dana Mears  Memo from the Director of Leisure Services Re: Item 7 - LS06-047 - Access Gate Aurora War Memorial Site  Correspondence from A. Milliken of Papazian Heisey Myers Barristers and Solicitors regarding By-law 4863-06.L Proposed Sale of Town Lands on Vandorf Sideroad CARRIED III OPEN FORUM Ms Maureen Kostefsky of Pinnacle Trail addressed Council regarding the proposed removal of no parking signs on Pinnacle Trail. Ms Kostefsky expressed concern regarding the possible safety implications if the signs are removed and requested that Council allow the parking restrictions to remain unchanged on Pinnacle Trail. Mr. Charles Sequeira, on behalf of the Aurora Seniors’ Association, expressed his sincere thanks to the Mayor and Members of Council for their ongoing support and assistance in making the new Seniors’ Centre a reality. Mr. Sequeira expressed particular thanks to Councillor John West for all of his help and support on this project and he also thanked all of the staff who worked diligently with the association to ensure that the facility would meet all of the hopes and expectations of the seniors who are now thoroughly enjoying it. Mr. John Jones of Pinnacle Trail expressed concern regarding the limited notice which was given to residents in the Pinnacle trail area regarding the proposed removal of parking restrictions outlined in report PW06-055. Mr. Jones expressed his objection to the proposed removal of the parking restrictions on Pinnacle Trail. Moved by Councillor Kean Seconded by Councillor Morris THAT Open Forum be extended beyond 20 minutes, to allow all of the speakers to complete their comments. CARRIED A resident on Pinnacle Trail addressed Council to express his support for the removal of all parking restrictions on Pinnacle Trail, as he advised that the safety of the residents is the responsibility of the residents. The resident requested that parking should be permitted on both sides of Pinnacle Trail and suggested that drivers and pedestrians should use caution when in the vicinity of parked cars. Council Meeting No. 06-28 Page 3 of 12 Tuesday, October 17, 2006 IV ADOPTION OF MINUTES Special Council-Public Planning Minutes of September 27, 2006, Meeting Number 06-26 and Council Minutes of October 10, 2006, Meeting Number 06-27 Moved by Councillor Morris Seconded by Councillor Vrancic THAT the Special Council - Public Planning Minutes from meeting number 06-26 and Council Minutes from meeting number 06-27 be adopted as printed and circulated. CARRIED V PRESENTATIONS Presentations to the Arts and Culture Grant Recipients by Mr. Joe Lebovic and Ms Shauna Tepperman Ms Shauna Tepperman and Mr. Joe Lebovic presented the 2006 Arts and Culture Grants to the following recipients:  Julie McGibbon of the Canadian National Dance Team  Karyn McGibbon of the Canadian National Dance Team  Bill Van Oorschot on behalf of the Society of York Region Artists  Jane Morgan on behalf of the Aurora Writers’ Group  Dorothy Clark-McClure & Louise Williams on behalf of the Aurora Seniors’ Art Group  Michael Seaman & Shelley Ware on behalf of Doors Open Aurora  Susan Walmer on behalf of the Aurora Community Heritage Fair  Ian Proudfoot on behalf of Celebration of the Arts  Mackenzie Grayson of the Canadian National Dance Team  Janette Todd on behalf of St. Andrews’ Scottish Country Dance Group  Sheryl Amirault on behalf of Marquee Theatrical Productions  Dave Greig on behalf of the Aurora Opera Company  Bob McRoberts on behalf of the Aurora & District Historical Society  Flo Murray on behalf of the Aurora Seniors’ Book Club  Sheryl Amirault of Theatre Aurora  Linda Schneidereit & Andy MacPherson on behalf of the Aurora Agricultural Society Fair & Horse Show VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 3, 4, 5, 6, 7, 8, 12, 14 and 15 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Kean Seconded by Councillor Buck 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: Council Meeting No. 06-28 Page 4 of 12 Tuesday, October 17, 2006 1. Special General Committee - Audit Committee Meeting Report No. 06-17, Tuesday, October 10, 2006 THAT the report of the Special General Committee - Audit Committee meeting number 06-17 be received and the recommendations carried by the committee be adopted. 9. LS06-045 – Relay for Life THAT Council approve the Canadian Cancer Society Relay for Life 2007 in Lambert Willson Park and the Aurora Family Leisure Complex on June 8th and 9th, 2007; and THAT all municipal permit fees be waived in support of the event. 10. ADM06-007 – 2005 Annual Report THAT the attached 2005 Annual Report for the Town of Aurora be received as information. 11. PL06-123 – Release for Registration-Phase 2 Preserve Homes Corporation Part of Lot 21, Concession 2 EYS File D12-01-5A THAT the Mayor and Clerk be authorized to execute a Subdivision Agreement between The Corporation of the Town of Aurora and Preserve Homes Corporation in accordance with the draft approved conditions dated March 31, 2003 and revised by order of the Ontario Municipal Board on August 22, 2005, subject to the provision of financial payments and securities as set out on Schedules "K" and "L" of the Agreement; and THAT the Mayor and Clerk be authorized to execute all documents necessary to give effect to same. 13. CS06-032 – Ontario Municipal Insurance Exchange (OMEX) Proposed Amendments to Reciprocal Agreement THAT Council endorse the resolution as presented by OMEX attached as Appendix 1 to this report; and THAT staff be authorized to execute the amending reciprocal agreement with OMEX. CARRIED VIII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Kean advised that, as a result of the Sports Field User Policy, night football is not permitted in Fleury Park beyond September. Councillor Kean requested that staff advise as to what steps would be necessary to permit the night games to resume. Councillor Kean thanked the Mayor, his fellow Councillors and staff for sharing the experience of being on Council for this term. Councillor Kean advised that the term has been interesting and he will take away many fond memories from the experience. Council Meeting No. 06-28 Page 5 of 12 Tuesday, October 17, 2006 Councillor Gaertner advised that the Aurora Writers Group has a copy of its first anthology at the information desk in the Town Hall for viewing. Councillor Morris advised that there is a card of support at the information desk for Mr. Jeffrey Hunter, a soldier and Aurora resident who was badly injured in Afghanistan. Councillor Morris urged everyone to take a moment and sign the card. Mayor Jones advised that he would be delivering the card to Mr. Hunter when he visits him in the hospital on October 27, 2006. Councillor Morris asked if the Town has received a response from the Energy Conservation Board resulting from a previous request of Council. Mayor Jones advised that he will look into the matter at the next Regional Council meeting. IX DELEGATIONS The following delegates addressed Council regarding item 2 - ADM06-016 - York Region Neighbourhood Services Inc.: (f) Ms. Elizabeth Brims, Executive Director - York Region Food Network Ms Brims advised that the York Region Food Network shares the Jack Woods property with York Region Neighbourhood Services, Crescentbrook Farms Child Care Centre and advised that they have had an excellent relationship throughout their joint tenancy. Ms Brims advised of the many community benefits offered by the York Region Food Network, and expressed concern over the possibility of the future sale of the Jack Woods property. Ms Brims requested that the Town consider severing the lands currently acting as the location of the York Region Food Network so that these lands may become the permanent location for the community gardens. (g) Ms Patricia Robertson Ms Robertson advised that York Region Neighbourhood Services Inc. (YRNS), has been the operator of Crescentbrook Farms Child Care Centre for four years. Ms Robertson advised that YRNS has provided the town with full payment of the rent requested by Council under the current lease with the Town. Ms Robertson advised that the recent events and media coverage have caused concern among the families currently using the child care facility, and she requested that Council assist in diffusing these fears by assuring the public that the centre will not be closed. Ms Robertson requested that Council direct staff to renegotiate the terms of the lease to delete the requirement to pay minimum rent going forward with payments being limited to additional rent as defined by the lease meaning utilities, snow removal and other expenses. (h) Mr. John Orr (i) Mr. Normand Zapata (j) Mr. Joseph Malek (k) Mr. John Giannitsopoulos The above mentioned parents expressed their support for, and concern regarding the future of the Crescentbrook Farms Child Care Centre, as well as their disappointment regarding the confusion surrounding this issue. Council Meeting No. 06-28 Page 6 of 12 Tuesday, October 17, 2006 Moved by Councillor Hogg Seconded by Councillor Morris THAT Ms Patricia Robertson be requested to return to the podium to advise Council what percentage of the families, currently using the services of Crescentbrook Farms Child Care Centre, are receiving subsidization. CARRIED Ms Patricia Robertson advised Council that approximately 10% of the families with children attending Crescentbrook Farms Child Care Centre are currently receiving subsidization. Moved by Councillor Morris Seconded by Councillor Hogg THAT the comments of the delegates be received and that item 2 be brought forward for consideration at this time. CARRIED 2. ADM06-016 – York Region Neighbourhood Services Inc.; and Correspondence from A. Milliken of Papazian Heisey Myers Barristers and Solicitors regarding By-law 4863-06.L Proposed Sale of Town Lands on Vandorf Sideroad - Added item Moved by Councillor Morris Seconded by Councillor Gaertner THAT Council direct staff to discuss amendments to the terms and conditions of the existing agreement, to the satisfaction of both parties, and report back to the November 28, 2006 meeting of Council. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Morris THAT, in discussing the amendments to the existing agreement, staff be authorized to negotiate a unilateral termination of the existing agreement with the tenant providing the Town 30 days notice, and that all such negotiations be predicated on the tenant being current in its lease obligations and rental payments during such negotiations. CARRIED AS AMENDED The following delegates addressed Council regarding By-law 4863-06.L - Proposed Sale of Town Lands on Vandorf Sideroad: (p) Mr. Stuart Fraser, Van Rob Realty Investments Limited (q) Mr. Dorian Munk, Van Rob Realty Investments Limited Mr. Stuart Fraser and Mr. Dorian Munk, representatives from Van Rob Realty Limited, presented details regarding the use of the subject land that will be purchased, namely the construction of a storm water management pond. The delegates advised that they are working with town staff to meet all approvals necessary and intend to leave the unused portion of the land in its natural state. Council Meeting No. 06-28 Page 7 of 12 Tuesday, October 17, 2006 (a) Mr. Klaus Wehrenberg, resident (r) Mr. Peer Idestrup, resident (s) Mr. Ian McConvey, resident (t) Ms Susan Walmer, resident The above noted delegates expressed their concern regarding the forested area on the northern half of the parcel of land proposed for sale to Van Rob Realty Investments Limited. Several of the residents advised of the historically significant natural formations and environmentally sensitive aspects of this forest, as well as the tributaries which connect to the Holland River, and expressed concern that the natural beauty of this forest may not be as carefully preserved or maintained under private ownership. There was also concern that future owners might mistreat or attempt to alter the land, possibly having a negative impact on the environment. It was suggested that the parcel of land for sale not be sold or, alternatively, be reduced to exclude the forested area to the north allowing it to remain as public land. Moved by Councillor Morris Seconded by Councillor Vrancic THAT the comments of the delegates be received and that By-law 4863- 06.L - Proposed Sale of Town Lands on Vandorf Sideroad, be brought forward for consideration at this time. CARRIED Moved by Councillor Kean Seconded by Councillor Morris THAT this meeting be extended beyond 10:30 pm in order to address the remaining items on the agenda. CARRIED Moved by Councillor Vrancic Seconded by Councillor Kean THAT the terms of the purchase and sale agreement be renegotiated between town staff and Van Rob Realty Investments Limited, to provide for a reduced parcel on the southern portion of the subject land; and THAT, if necessary, a Special Council meeting be convened to deal with this matter; and THAT By-law 4863-06.L be deferred. CARRIED b) Mr. James Tomlin, resident Re: Item 3 - PW06-056 – Northeast Quadrant Traffic Calming Plan - Multi-way Stop Signs at Birch Court/Cedar Crescent/ Walton Drive Mr. James Tomlin addressed Council to express his objection to the removal of stop signs at the intersection of Walton Drive and Cedar Crescent. Mr. Tomlin requested that Council amend the recommendation to allow the stop signs to remain in that location. Moved by Councillor Kean Seconded by Councillor Gaertner THAT the comments of the delegates be received and that item 3 be brought forward for consideration at this time. CARRIED Council Meeting No. 06-28 Page 8 of 12 Tuesday, October 17, 2006 3. PW06-056 – Northeast Quadrant Traffic Calming Plan – Multi-way Stop Signs at Birch Court/Cedar Crescent/Walton Drive Moved by Councillor Morris Seconded by Councillor Kean THAT the approved Northeast Quadrant Traffic Calming Plan be revised to retain the multi-way stop signs at the intersection of Birch Court/Cedar Crescent/Walton Drive. CARRIED Councillor Hogg left the meeting at 10:50 pm. (l) Ms Christine Morra, resident Re: By-law 4866-06.T – Parking on Maple St. Ms Christine Morra advised that she supports by-law 4866-06.T and requested that Council enact this by-law as written. Moved by Councillor Kean Seconded by Councillor Gaertner THAT the comments of the delegates be received and that by-law 4866- 06.T be brought forward for consideration at this time. CARRIED Moved by Councillor Vrancic Seconded by Councillor Morris THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4866-06.T BEING A BY-LAW to amend Parking By-law 4574-04.T as amended, with respect to parking on Maple Street CARRIED The following delegates addressed Council regarding item 4 - PW06-053 - Review of Additional Light Standards on Glenview Drive and Eldon Crescent: (m) – Mr. John and Ms Sigrid White, residents (n) – Mr. David and Ms Tove Sutton, residents (o) - Mr. Bruce Leonard, resident The above noted delegates expressed various concerns regarding the proposed installation of four new light standards on Glenview Drive and Eldon Crescent. Several residents advised that there does not appear to be a need for additional lighting on the proposed streets, and there is concern that the lights will shine into the homes in the proposed area. Moved by Councillor Buck Seconded by Councillor Morris THAT the comments of the delegates be received and that item 4 be brought forward for consideration at this time. CARRIED Council Meeting No. 06-28 Page 9 of 12 Tuesday, October 17, 2006 4. PW06-053 – Review of Additional Light Standards on Glenview Drive and Eldon Crescent Moved by Councillor Morris Seconded by Councillor Vrancic THAT the additional street light poles and luminaries proposed for Glenview Drive and Eldon Crescent as shown in report PW06-053 not be installed; and THAT the Director of Public Works be authorized to install a light at the north end of Eldon Crescent after consulting with the abutting residents. CARRIED Moved by Councillor Kean Seconded by Councillor Gaertner THAT item 5 - Parking on Pinnacle Trail and by-law 4870-06.T be brought forward for consideration at this time. CARRIED 5. PW06-055 – Parking on Pinnacle Trail and Additional Correspondence from Tania and Eric Edwards, Wayne & Kelly Gobbels and Dana Mears Moved by Councillor Kean Seconded by Councillor Gaertner THAT report PW06-055 – Parking on Pinnacle Trail be received and referred to staff to conduct a safety study in 2007; and THAT by-law 4870-06.T not be enacted CARRIED The following delegates addressed Council regarding an OMB Decision regarding ACI: c) Mr. James Beesley, resident d) Mr. Walter Mestrinaro, resident e) Ms Kelly Breedon, resident The above listed delegates provided a joint delegation to present the details and chronology of an Ontario Municipal Board Order regarding an application from ACI to place three wind turbines and one shipping container on the lands located at 313-321 Ridge Road, and requested that Council enforce the conditions of the Ontario Municipal Board Order. Moved by Councillor Morris Seconded by Councillor Kean THAT the comments of the delegates be received for information. CARRIED Moved by Councillor Vrancic Seconded by Councillor Kean THAT staff be directed to enforce the conditions found in Attachment 1 of the Ontario Municipal Board Order No. 1112, dated April 13, 2006, pertaining to the ACI application to place three wind turbines and one shipping container on the lands located at 313-321 Ridge Road. CARRIED Council Meeting No. 06-28 Page 10 of 12 Tuesday, October 17, 2006 Moved by Councillor Kean Seconded by Councillor Morris THAT Ms Dorothy Massey be permitted to address Council as part of Open Forum. CARRIED III OPEN FORUM - additional speaker Ms Dorothy Massey addressed Council to advise that there is a need for the parking lot lights on the parking lot in front of Canadian Tire to remain on overnight for the safety of the residents using Moaiscs Avenue from Yonge Street. Ms Massey submitted a petition on behalf of the residents of 86 townhomes behind Canadian Tire, who use that road to access their homes, and she requested that the lights be left on all night. Councillor Vrancic declared an interest in the addition to Open Forum, 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. Moved by Councillor Kean Seconded by Councillor Morris THAT the comments of Ms Dorothy Massey be received and referred to the Director of Public Works to meet with the residents and provide a follow-up memo to Council. CARRIED Moved by Councillor Kean Seconded by Councillor Buck THAT this meeting be extended beyond midnight, for a ½ hour in order to address the remaining items on the agenda. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 6. PW06-054 – Agreement Between the Town of Richmond Hill, the Town of Aurora, and the Conseil Scholaire de District Catholique Centre-Sud Regarding Sanitary Servicing of the French Catholic High School at the Intersection of Bathurst Street and Bloomington Sideroad Moved by Councillor Kean Seconded by Councillor Gaertner 1. THAT Council authorize the Mayor and Clerk to sign an agreement between the Town of Richmond Hill, the Town of Aurora, and the Conseil Scholaire de District Catholique Centre-Sud regarding sanitary servicing of the French Catholic High School at the intersection of Bathurst Street and Bloomington Sideroad substantially in the form as presented in report PW06-054; and 2. THAT such signatures as noted in Recommendation 1 shall not occur until the Town Solicitor has reviewed and approved the agreement; and 3. THAT the executed agreement be forwarded to the Clerk of the Town of Richmond Hill and the Conseil Scholaire de District Catholique Centre- Sud for their execution. CARRIED Council Meeting No. 06-28 Page 11 of 12 Tuesday, October 17, 2006 7. LS06-047 – Access Gate Aurora War Memorial Site; and Memo from the Director of Leisure Services - Added Item Moved by Councillor Kean Seconded by Councillor Morris THAT the gate not be installed and that signage be installed prohibiting dogs from accessing the premises of the Aurora War Memorial Site; and THAT the memo from the Director of Leisure Services be received for information. CARRIED 8. LS06-046 – Request for Space Moved by Councillor Kean Seconded by Councillor Morris THAT Council declare the existing snack bar at the Aurora Family Leisure Complex as vacant; and THAT Council permit the use of that space by the Aurora Figure Skating Club for relocation of their Club Office. CARRIED Councillor Hogg had declared an interest in item 12 - Report PL01-124 but was absent from the meeting at the point when it was considered. 12. PL06-124 – Zoning By-law Amendment Application Prato Estates Inc. Part 1, 65R-25216, Part 3, 65R-25800 and Part of Lot 22, Concession 2, E.Y.S. File D14-15-06 Moved by Councillor Kean Seconded by Councillor Vrancic THAT Council receive as information the following overview of a Zoning By-law Amendment Application, D14-15-06, scheduled for the December 19, 2006 Public Planning Meeting. CARRIED 14. LS06-048 – Historical Park Names and Plaques Moved by Councillor Buck Seconded by Councillor Kean THAT the report be accepted; and THAT the war memorial also be designated as a Historical Site and be plaqued accordingly. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor Vrancic Seconded by Councillor Morris THAT staff be requested to bring the matter of the installation of historical park name plaques for each park in Aurora, to the next budget deliberations for consideration at that time. The resolution was CARRIED AS AMENDED. Council Meeting No. 06-28 Page 12 of 12 Tuesday, October 17, 2006 15. Correspondence from the Town of Newmarket Re: CAO Report 2006-21 - Southlake Hospital Request for Municipal Funding - Cancer Care Moved by Councillor Morris Seconded by Councillor Vrancic THAT the correspondence from the Town of Newmarket regarding CAO Report 2006-21 - Southlake Hospital Request for Municipal Funding - Cancer Care, be received for information. CARRIED XI REGIONAL REPORT Mayor Jones advised that information can be found on the York Region website at www.region.york.on.ca under “Council Highlights”. XII READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor Vrancic THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4867-06.T BEING A BY-LAW to designate and erect stop signs at the intersection of Vandorf Sideroad and Industrial Parkway South 4869-06.T BEING A BY-LAW to alter various streets in the northeast quadrant for the installation of various traffic calming measures 4868-06.C BEING A BY-LAW to confirm actions by Council resulting from meeting 06-28 on October 17, 2006 CARRIED NOTE: By-law 4870-06.T - was not enacted By-law 4863-06.T was deferred; and By-law 4866-06.T was enacted earlier in this meeting XIII CLOSED SESSION None XIV ADJOURNMENT Moved by Councillor Kean THAT the meeting be adjourned at 12:10 am. CARRIED