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MINUTES - Council - 20070508 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 07-12 Council Chambers Aurora Town Hall Tuesday, May 8, 2007 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Gaertner, Granger, MacEachern, Marsh, McRoberts and Wilson. MEMBERS ABSENT Councillor Collins-Mrakas was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Acting Director of Public Works, Director of Financial Services/ Treasurer, Assistant Solicitor and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor McRoberts advised that he had recently obtained a legal opinion from an independent solicitor to advise whether he has a conflict of pecuniary interest pertaining to PW07 -008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation. Councillor McRoberts advised that the written legal opinion confirmed that he was correct in previously declaring a conflict of pecuniary interest in this matter. Councillor McRoberts, declared a pecuniary interest in Item 1(6) - pertaining to the award of a tender for road reconstruction and traffic calming, by virtue of his residence being within the project area. Councillor McRoberts 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 McRoberts declared a pecuniary interest in Item 1(14) - pertaining to Dr. G.W. Williams Secondary School, by virtue of the York Region District School Board being his employer. Councillor McRoberts 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 McRoberts, declared a pecuniary interest in the “Closed Session - Property Matter” portion of the April 24, 2007, Council meeting as it was pertaining his employer, and did not take part in that portion of the meeting. Councillor Marsh declared an interest in the Council meeting minutes of April 24, 2007- item 2(8) - report PL07-035 by virtue of her spouse’s employer being the applicant, 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. Council Meeting No. 07-12 Page 2 of 12 Tuesday, May 8, 2007 II APPROVAL OF AGENDA Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Memorandum from the Director of Corporate Services Re: Revision to Council Minutes of April 24, 2007 - Item 2(4) - Bill 51 RECOMMENDED: THAT the memorandum from the Director of Corporate Services regarding a revision to Council Minutes of April 24, 2007, Item 2(4) - Bill 51, be received for information.  Delegation (i) - Ms Diane Lalonde Re: Item 1(6) - PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation  Delegation (j) - Ms Susan Walmer Re: Item 1(14) - Correspondence from Residents Dr. G.W. Williams Secondary School  Delegation (i) - Mr. Michael Adams Re: Item 1(14) - Correspondence from Residents Dr. G.W. Williams Secondary School  Delegation (i) - Mr. Dan Revington Re: Item 1(14) - Correspondence from Residents Dr. G.W. Williams Secondary School  Correspondence from Ms. Michelle Haney-Kileeg (Tabled by Mayor Morris) Re: Item 1(6) - PW07 -008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation  Support Material - Item 6 - LS07-016 Memorandum from the Director of Leisure Services Re: Aurora Heritage Centre - Public Open House AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor Buck Seconded by Councillor Wilson THAT the following item be added to the agenda:  Motion from Councillor Buck Re: Recommendation to withhold the Town’s portion of the Tax Levy to the Region of York to offset the portion which would formerly have been allocated to the City of Toronto for Social Services CARRIED The main motion was CARRIED AS AMENDED Council Meeting No. 07-12 Page 3 of 12 Tuesday, May 8, 2007 III OPEN FORUM Mr. Andrew Pick expressed concern, on behalf of himself and many residents in the Fleury Street area, regarding the decision at the General Committee meeting of May 1, 2007, to reject all of the traffic calming measures contained within the tender for the reconstruction of Mark Street, Oak Court, Cedar Crescent and Birch Court. Mr. Pick advised that many residents from the effected area have been involved in the long process to ensure that these traffic calming measures be approved and implemented into this area. Mr. Pick advised that the residents have been very active in this process due to the need to address the high volume of speeding traffic through this residential area. Mr. Pick advised that he is not in support of the decision made by the General Committee and he urged Council to adopt the original recommendations in staff report PW07-008. IV ADOPTION OF MINUTES Councillor Marsh, having previously declared an interest in item 8, did not take part in the vote called for in regard to the adoption of this item. Council Meeting Minutes of April 24, 2007, Meeting 07-11 Moved by Councillor MacEachern Seconded by Councillor Buck THAT the Council minutes from meeting 07-11 be approved. CARRIED V PRESENTATIONS None VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(6,), 1(14), 5, 6, 7, 8, 9 and the added item from Councillor Buck regarding the tax levy, were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 2. Correspondence from Ms Valerie Fleck Re: Item 1 - General Committee Meeting Minutes of Tuesday, May 1, 2007 (6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation THAT the correspondence be received for information. 3. Special General Committee Meeting Minutes No. 07-22, Monday, April 23, 2007 THAT the minutes of the Special General Committee Meeting 07-22 be received and the recommendations contained therein be adopted. Council Meeting No. 07-12 Page 4 of 12 Tuesday, May 8, 2007 4. Central York Fire Services - Joint Council Committee Meeting, February 6, 2007 THAT the minutes of the February 6, 2007 Central York Fire Services - Joint Council Committee Meeting be received. Correspondence from Ms. Michelle Haney-Kileeg ADDED ITEM Re: Item 1(6) - PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation THAT the correspondence from Ms. Michelle Haney-Kileeg regarding report PW07 -008, Award of Tender for the Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation be received for information. Support Material - Item 6 - LS07-016, - ADDED ITEM Memorandum from the Director of Leisure Services Re: Aurora Heritage Centre - Public Open House THAT the memorandum from the Director of Leisure Services regarding the Aurora Heritage Centre - Public Open House, be received for information. CARRIED VIII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Wilson advised that he was involved in an incident over the weekend which required the assistance of the Parks Department, By-law and the Works Department. Councillor Wilson advised that he was impressed by the swift and efficient responses from each of those departments and he commended them all for resolving the issues promptly and efficiently. Councillor Granger advised that the Aurora Arboretum held their tree planting event on Saturday, May 5, 2007, which was attended by approximately 70 helpful planters. Councillor Granger advised that the Aurora Arboretum has planted over 27,000 trees so far this year, with the help of the Boy Scouts, the Little Beavers and the many volunteers who came out to help. Councillor Marsh advised that she recently had an opportunity to ride along with Fire Platoon Chief Bond of Central York Fire Services. Councillor Marsh advised the experience was unforgettable and she was impressed and comforted by the level of service and protection being provided by York Central Fire Services. Mayor Morris advised that she and Councillor Granger were at the Aurora Tennis Club on Saturday, May 5, 2007 for a celebration of the award of a Trillium Grant of $56,000 to the Aurora Tennis Club for renovations. Mayor Morris advised that Anti Litter Day was held on Saturday, April 28, 2007, and she thanked the seniors, the Scouts, Leisure Services and Works Staff, volunteers and the Environmental Advisory Committee for making the event such a success. Mayor Morris advised that she was at a Crime Stoppers event at Highland Chev Olds with Police Chief Armand LeBarge and that the Sifton family has donated a car to Crime Stoppers. Mayor Morris advised that the Aurora Art Show and Sale took place at the Town Hall over the weekend. Mayor Morris expressed her thanks and congratulations to SOYRA, and the Leisure Services Department, particularly to Shelley Ware, Special Events Co-ordinator, adding that the show was absolutely beautiful and a huge success. Council Meeting No. 07-12 Page 5 of 12 Tuesday, May 8, 2007 Mayor Morris advised that several concerned residents have called regarding the condition of the CN railway overpass at the south end of Aurora over Yonge Street. Mayor Morris advised that the steel siding is in need of repair and that the Region will be doing extensive construction under the overpass this summer, in order to repair the road. Mayor Morris advised that on Saturday, May 12, 2007 a “Car Boot Sale” will be taking place at the Aurora Seniors’ Centre from 10:00 a.m. to 2:00 p.m. Mayor Morris advised that there is a Colossal Yard Sale taking place on Saturday, May 12, 2007 at the Aurora Community Centre parking lot at 8:00 a.m. and that proceeds will go toward the Aurora Storm Volleyball team. Mayor Morris advised of the Planning for Tomorrow Seminar taking place on Wednesday, May 9, 2007 in the Council Chambers starting at 6:00 p.m. IX DELEGATIONS Re: Item 1 - General Committee Minutes - May 1, 2007 (6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation a) Mrs. Linda Housser c) Mr. Quinn Bingham d) Mr. Gordon Barnes e) Mr. Michael Robertson The above noted delegates withdrew their delegations to allow the following speakers to speak on their behalf: h) Mr. Robert Fairs Mr. Fairs expressed concern regarding the decision at the General Committee meeting of May 1, 2007, to reject all of the traffic calming measures contained within the tender for the reconstruction of Mark Street, Oak Court, Cedar Crescent and Birch Court. Mr. Fairs advised that many residents of the neighbourhood were involved in public meetings, working groups and planning session to address the need for traffic calming measures in the area. Mr. Fairs requested that Council reconsider their decision and approve the traffic calming measures which have been carefully researched, discussed and agreed upon by the residents and staff. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to Item 1(6) PW07 -008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation. CARRIED f) Mr. John Elliott Mr. Elliott requested that Council reconsider their decision regarding traffic calming measures in north-east Aurora and look at redirecting funds from lower priority projects to go ahead with implementing the many traffic calming solutions recommended by staff. Council Meeting No. 07-12 Page 6 of 12 Tuesday, May 8, 2007 Moved by Councillor MacEachern Seconded by Councillor Granger THAT the comments of the delegate be received and referred to Item 1(6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation. CARRIED b) Mr. John Housser Mr. Housser advised that the residents in his neighbourhood are concerned about this issue and have gone to a great amount of effort and planning to come to the traffic calming solutions recommended in the staff report. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegate be received and referred to Item 1(6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation. CARRIED Diane LaLonde - Added Item Ms LaLond advised that the residents in the affected area are very concerned about the steadily increasing volume of speeding traffic through this residential area, and she stated that the need to address this problem is very serious in the interest of making the area safe for the residents and for the children attending the two schools within the area. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to Item 1(6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation. CARRIED g) Mr. David Walker Mr. Walker advised that he willingly would donate his share of the costs for the implementation of the traffic calming measures recommended by staff and he presented Council with a personal cheque for the amount of $1,127.05 to support his statement. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to Item 1(6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation. CARRIED Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Item 1(6) be brought forward for discussion. CARRIED Council Meeting No. 07-12 Page 7 of 12 Tuesday, May 8, 2007 Councillor McRoberts, having previously declared an interest in item 1(6), did not take part in the vote called for in regard to the adoption of this item. 1. General Committee Meeting Minutes No. 07-23 - Tuesday, May 1, 2007 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 07-23, TUESDAY, MAY 1, 2007 (6) PW07-008 – Award of Tender No. P.W.2007-23 - Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Tender No. P.W.2007-23 "Reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and Traffic Calming Implementation”, be awarded to the Miwel Construction Limited at its tendered price of $1,421,535.93; and THAT the variance in the road and traffic calming portion of the project (totalling $156,034.00) be funded from the available roads portion of the reconstruction of Aurora Heights Drive, Laurentide Avenue and Illingworth Crescent tender ($132,506.49) and the Municipal Capital Reserve ($23,527.51); and THAT the variance in the storm sewer portion of the project of $64,933 be funded from the Storm Sewer Reserve; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and the Miwel Construction Limited for the reconstruction of Mark Street, Oak Court, Cedar Crescent, Birch Court and traffic calming implementation. On a recorded vote the motion was CARRIED YEAS: 6 NAYS: 1 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, Marsh, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Councillor Collins-Mrakas was absent. Councillor McRoberts, having previously declared and interest in item 1(6), did not participate in the vote. (i) - Ms Susan Walmer - ADDED ITEM Re: Item 1(14) - Correspondence from Residents Dr. G.W. Williams Secondary School Ms Walmer expressed her thanks to Council for showing initiative and taking a position in support of the residents affected by the York Region District School Board with respect to the possibility of reconstructing Dr. G W Williams Secondary School in a new location within the north-east quadrant of Aurora. Ms Walmer advised that public notification has been limited and that there has been very little opportunity for public input. Ms Walmer suggested that a meeting be called at the Town Hall on Wednesday, May 30, 2007 to allow affected residents to obtain information about the Feasibility Study, which will be issued on May 18, 2007, and to provide input into this issue. Council Meeting No. 07-12 Page 8 of 12 Tuesday, May 8, 2007 Moved by Councillor Marsh Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to Item 1(14) Correspondence from Residents regarding Dr. G.W. Williams Secondary School. CARRIED (j) - Mr. Michael Adams - ADDED ITEM Re: Item 1(14) - Correspondence from Residents Re: Dr. G.W. Williams Secondary School Mr. Adams expressed concern that there has been little opportunity for the public to provide input and comments and he advised that there is there is a strong need for a public information meeting on this matter, once the Feasibility Study is released. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegate be received and referred to Item 1(14) - Correspondence from Residents regarding Dr. G.W. Williams Secondary School. CARRIED (k) - Mr. Dan Revington - ADDED ITEM Re: Item 1(14) - Correspondence from Residents Re: Dr. G.W. Williams Secondary School Mr. Revington expressed the opinion that the Town should have input into any new building or facility being constructed in the Town of Aurora. Mr. Revington provided several reasons why residents would prefer that the school remain on the existing site. Mr. Revington concluded by suggesting that an additional clause be added to the end of the proposed motion pertaining to this matter, which would read; “THAT the Town looks forward to providing input on how the new school on Dunning Avenue can best service the needs of the community.” Moved by Councillor Marsh Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to Item 1(14) Correspondence from Residents regarding Dr. G.W. Williams Secondary School. CARRIED Moved by Councillor MacEachern Seconded by Councillor Marsh THAT Item 1(14) be brought forward for discussion. CARRIED Council Meeting No. 07-12 Page 9 of 12 Tuesday, May 8, 2007 Councillor McRoberts, having previously declared an interest in Item 1(14) did not take part in the vote called for in regard to the adoption of this item. 1. General Committee Meeting Minutes No. 07-23 - Tuesday, May 1, 2007 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 07-23, TUESDAY, MAY 1, 2007 (14) Correspondence from Residents Re: Dr. G.W. Williams Secondary School (tabled by Mayor Morris) Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the Town of Aurora advise the York Region District School Board of it’s preference to retain Dr. G.W. Williams Secondary School at its current site; and THAT the correspondence from residents regarding Dr. G.W. Williams Secondary School be received for information and forwarded to the York Region District School Board; and THAT the York Region District School Board be requested to conduct a public awareness meeting at the Aurora Town Hall to present a status update on the Feasibility Study; and THAT, should the York Region District School Board accept the request to hold this public meeting, the meeting be advertised in the Notice Board in order to provide notification to all residents in the Town of Aurora; and THAT, in the event that Dunning Avenue is selected as the preferred location, the Town of Aurora looks forward to providing input on how the new school on Dunning Avenue can best service the needs of the community. CARRIED 1. General Committee Meeting Minutes No. 07-23 - Tuesday, May 1, 2007 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the balance of the minutes of the General Committee Meeting 07- 23 be received and the recommendations contained therein be adopted. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT item 9 be brought forward for discussion. CARRIED 9. Extract from Environmental Advisory Committee Meeting 07-03, Thursday, May 3, 2007 Re: Demonstration Garden Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council endorses the Aurora Horticultural Society’s request to develop a demonstration garden in the Billings Well parkette, at no cost to the Town, through the Region of York’s Demonstration Garden funding program. CARRIED Council Meeting No. 07-12 Page 10 of 12 Tuesday, May 8, 2007 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 5. Central York Fire Services – Joint Council Committee Meeting April 3, 2007 Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the minutes of the April 3, 2007 Central York Fire Services – Joint Council Committee Meeting be received. CARRIED 6. LS07-016 – Aurora Heritage Centre - Public Open House Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council approve the date of the Heritage Centre Public Open House as Thursday, May 31st, 2007 to be held at the Aurora Heritage Centre from 6:00 p.m. to 9:00 p.m.; and THAT the a brief information presentation be provided at 7:00 p.m. and again at 8:00 p.m. CARRIED 7. Proclamation - Aurora Tigers Week - May 8 to May 15, 2007 Moved by Councillor Wilson Seconded by Councillor Granger THAT the week of May 8, 2007 to May 15, 2007 be proclaimed “Aurora Tigers Week”. CARRIED 8. Extract from Accessibility Advisory Committee Meeting 07-02 Wednesday, May 2, 2007 Re: Leisure Complex Accessibility Parking Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the Accessibility Advisory Committee recommends to Council that the reconstruction for accessibility parking at the Leisure Complex be approved; and THAT the tender for the reconstruction be awarded to Mopal Construction at a cost of $19,268.68; and THAT the funding for this project be provided from the Accessibility Advisory Committee capital account. CARRIED Council Meeting No. 07-12 Page 11 of 12 Tuesday, May 8, 2007 Motion from Councillor Buck Re: Recommendation to withhold the Town’s portion of the Tax Levy to the Region of York to offset the portion which would formerly have been allocated to the City of Toronto for Social Services Moved by Councillor Buck Seconded by Councillor Marsh WHEREAS the Provincial Government has made the decision to relieve the taxpayers of York Region of the unjust burden of paying for Social Services in the City of Toronto which are of no benefit to the taxpayers of York Region; and WHEREAS relief from this injustice is to be phased in over ten years, starting this year; and WHEREAS there is no indication the Region of York intends to cancel that part of the levy for the taxpayers of the Region. Indeed the indication is the Region intends to continue this onerous and unjust levy; and WHEREAS the Municipalities of the Region are the tax collectors for the Region; and WHEREAS by their action, the Region anticipates this Municipality’s acquiescence in their decision; BE IT RESOLVED THAT The Council of the Town of Aurora direct the Director of Finance, John Gutteridge to withhold that portion of the levy pertaining to Aurora’s share of this year’s relief from the cost of Toronto’s Social Services budget; and THAT the Region of York be informed that the Town of Aurora does not agree to continue to impose this unfair burden on the taxpayers of Aurora which the province has finally seen fit to remove. Albeit in dribs and drabs. REFERRAL: Upon the question of the adoption of the recommendation, it was: Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the motion from Councillor Buck regarding the recommendation to withhold the Town’s portion of the Tax Levy to the Region of York to offset the portion which would formerly have been allocated to the City of Toronto for Social Services, be referred to staff to report back to a future General Committee meeting on the feasibility of enacting this initiative. CARRIED XI REGIONAL REPORT No report was provided. To view recent highlights from Regional Council meetings please visit their website at www.region.york.on.ca under “Council Highlights”. Council Meeting No. 07-12 Page 12 of 12 Tuesday, May 8, 2007 XII READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4912-07.C BEING A BY-LAW to Amend Procedural By-law 4835-06.C, a By-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards On a recorded vote the motion was CARRIED YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, Marsh, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Councillor Collins-Mrakas was absent. Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4913-07.C BEING A BY-LAW to confirm actions by Council resulting from the meeting of May 8, 2007. CARRIED XII CLOSED SESSION None XIII ADJOURNMENT Moved by Councillor MacEachern THAT the meeting be adjourned at 10:00 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK