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MINUTES - Council - 20070424 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 07-11 Council Chambers Aurora Town Hall Tuesday, April 24, 2007 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, Marsh, McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:00 p.m. Councillor Buck arrived at 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Marsh declared a pecuniary interest in item 2(8) - Applications to Amend Zoning By-law and Draft Plan of Subdivision, Victor Priestly/Claretree Developments 105 Inc., as her spouse’s employer is 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. Councillor McRoberts declared a pecuniary interest in item 9 - 2007 Capital and Operating Budget – Final, projects #31044, #31060 and #73031, as he resides in the area of the projects 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 McRoberts declared a pecuniary interest in the New Business item pertaining to Dr. G.W. Williams Secondary School, as he is employed by the York Region District School Board and did not take part in any discussion. II APPROVAL OF AGENDA Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  By-law 4907-07.F  Revised By-law 4908-07.D Council Meeting No. 07-11 Page 2 of 11 Tuesday, April 24, 2007  New Item 10 - Correspondence from Mr. Brian Kemp, Director of Conservation Lands, Lake Simcoe Conservation Authority. Re: Update on the Presence of Coyotes at Sheppard’s Bush Conservation Area in Aurora  New Item 11 - LS07-012 – The Aurora Heritage Centre Renovations (deferred from Special General Committee – April 23, 2007)  New Item 12 - Re: Item 2(1) General Committee Meeting Minutes No. 07-21 Tuesday, April 17, 2007 PW07 -002 – Downtown Core Area Parking Study Correspondence from Marshall Macklin Monaghan CARRIED III OPEN FORUM Mr. John Sargent addressed Council regarding the artificial turf which will be installed on the soccer field in Sheppard’s Bush. Mr. Sargent requested clarification as to why it is viewed that development charges do not represent taxpayers’ money and whether a tender was put out for the project. IV ADOPTION OF MINUTES Council Minutes of April 10, 2007, Meeting 07-10 Moved by Councillor Buck Seconded by Councillor Granger THAT the Council Minutes from meeting 07-10 be approved. CARRIED Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the Director of Leisure Services be allowed to make a presentation to the Town of Aurora aquatics staff. CARRIED V PRESENTATIONS (a) Presentation of Lifesaving Society Award to Town of Aurora Aquatics Staff The Director of Leisure Services presented the Lifesaving Society’s Scarborough Cup to Ms Loriann Ierullo, Aquatics Supervisor, and Mr. Mark Paravani, Aquatics Programmer, who accepted on behalf of the Town of Aurora Aquatics Division. The Director advised that the Town of Aurora has now won this award for the fourth consecutive year, which is awarded to the municipality with the largest lifesaving program within a population of 10, 000 – 50,000 people. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 6, 8, 9, 11 and 12 were identified for discussion. Council Meeting No. 07-11 Page 3 of 11 Tuesday, April 24, 2007 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by Councillor Collins-Mrakas THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. Special General Committee Meeting Minutes No. 07-20 Tuesday, April 16, 2007 THAT the minutes of the Special General Committee Meeting 07-20 be received and the recommendations contained therein be adopted. 3. Memorandum from the Director of Planning Re: Zoning By-law Amendment and Site Plan Applications Vincent Congiusti in Trust 145 Industrial Parkway South Part of Lots 185 and 187, and all of Lot 154, except part 5 of Plan 246 Files D14-13-04 and D11-19-06 THAT the memorandum from the Director of Planning regarding Files D14- 13-04 and D11-19-06, be received for information. 4. Memorandum from the Director of Planning Re: Zoning By-law Amendment and Site Plan Applications 2091585 Ontario Inc. 15565 Yonge Street Part of Lot 90, Registered Plan 246 Files D14-08-06 and D11-08-06 THAT the memorandum from the Director of Planning regarding Files D14-08-06 and D11-08-06, be received for information. 5. Memorandum from the Director of Planning Re: OPA 66 - Commercial and Industrial Updates THAT the memorandum from the Director of Planning regarding OPA 66 - Commercial and Industrial Updates, be received for information. 7. CS07-026 - Noise Exemption Request THAT an exemption to Section 2 of Schedule “B” of the Town Noise By- law be granted to Percon Construction Limited to work beyond 7:00 p.m. on April 25th; and THAT Percon Construction Limited notifies the homeowners in the area of the site of their intentions. CARRIED Council Meeting No. 07-11 Page 4 of 11 Tuesday, April 24, 2007 VIII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Mayor Morris advised that the preparations for the Farmers Market are going well. Councillor McRoberts declared a pecuniary interest in the following item, as he is employed by the York Region District School Board and did not take part in any discussion. Mayor Morris advised that many questions have been received from residents regarding Dr. G.W. Williams Secondary School. Mayor Morris clarified that the Town of Aurora is not involved in the situation at this time and that the matter should be put onto a future General Committee agenda. Mayor Morris advised that the kick-off for Anti-Litter Day will be on Saturday, April 28, 2007 between 10:00 a.m. – 4:00 p.m. followed by a barbecue at Town Park. Mayor Morris advised that the Region of York will be holding a Planning for Tomorrow meeting from 6:00 p.m. – 9:00 p.m. on May 9, 2007 at Town Hall. Mayor Morris advised that the deadline for Citizen of the Year nominations is April 30, 2007. Councillor Buck asked whether there is a protocol for recognizing the success of the Aurora Tigers, to which Mayor Morris responded that a proclamation would be coming forward regarding Tigers’ Week. Councillor Marsh requested an update regarding Joker’s Hill and the Aurora Horse Show to which the Director of Leisure Services responded that Joker’s Hill declined the Machell Park location due to the fact that they are not prepared to pay the required insurance. Councillor Gaertner suggested that the matter regarding artificial turf at Sheppard’s Bush be put onto the Council agenda rather than the General Committee agenda. Councillor Gaertner also suggested that the Director of Leisure Services repeat his presentation at the next Council meeting. Councillor Granger suggested that there should be public input regarding the issue of artificial turf being installed at Sheppard’s Bush. Mayor Morris congratulated the Aurora Chamber of Commerce regarding the Aurora Home Show, the staff at the arena, volunteers and members of Council on a successful event. Mayor Morris advised that the Town of Aurora gave the Freedom of the Town back to St. Andrew’s College, who had their annual parade and service on April 22, 2007. Councillor Gaertner advised that the Environmental Advisory Committee had a booth at the Aurora Home Show and congratulated the volunteers on its success. IX DELEGATIONS a) Mr. John Gutteridge, Director of Financial Services/Treasurer Re: Overview of the 2007 Operating and Capital Budget The Director of Financial Services/Treasurer provided an overview of the final draft of the 2007 Operating and Capital Budget, outlining the process to date, operating highlights, how tax dollars are spent and that the tax levy will be 4%. Council Meeting No. 07-11 Page 5 of 11 Tuesday, April 24, 2007 Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the comments of the Director of Financial Services/Treasurer be received and that item 9 be brought forward for discussion. CARRIED Councillor McRoberts, having previously declared a pecuniary interest in item 9, projects #31044, #31060 and #73031, did not take part in the vote called for in regard to the adoption of this item. 9. Memorandum from the Director of Financial Services/ Treasurer Re: 2007 Capital and Operating Budget - Final Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT the Capital and Operating Budget for 2007 be adopted. CARRIED b) Mr. Joe Posivy Re: Item 1 - 2007 Operating and Capital Budget Mr. Posivy was not in attendance. c) Ms Rebecca Beaton Re: Item 1 - 2007 Operating and Capital Budget Ms Beaton was not in attendance. d) Ms. Rishma Mirshahi, Regional Program Consultant Ontario Victim Services Secretariat Re: Seston Park Area Ms Rishma Mirshahi addressed Council to bring attention to the condition of the playground equipment at Seston Park. Ms Mirshahi advised that pieces of the equipment are missing, rusted, missing nails and/or have protruding nails, and that the sand contains animal feces and broken glass, resulting in potential danger to the children of the neighbourhood. Ms Mirshahi requested that Council consider funding for the park to ensure that the facilities are adequate. Moved by Councillor Buck Seconded by Councillor MacEachern THAT the comments of the delegate be received for information. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the matter regarding the condition of the equipment at Seston Park be referred to the Leisure Services Advisory Committee. CARRIED Council Meeting No. 07-11 Page 6 of 11 Tuesday, April 24, 2007 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. General Committee Meeting Minutes No. 07-21, Tuesday, April 17, 2007 Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT item 12 of the minutes of General Committee Meeting 07-21 be corrected as follows: (12) PL07-025 - Zoning By-law Amendment and Site Plan Applications Vincent Congiusti in Trust, 145 Industrial Parkway South Part of Lots 185 and 187, and all of Lot 154, except part 5 of Plan 246 Files D14-13-04 and D11-19-06 THAT Implementing Zoning By-law 4908-07.D be enacted; and THAT the Director of Planning and Development Services be authorized to execute the site plan agreement (Phased plan, Building A constructed first) subject to receiving the fees and securities, pending the advance receipt of $50,000 in development charges towards Building B. CARRIED Councillor Marsh, having previously declared a pecuniary interest in item 2(8), did not take part in the vote called for in regard to the adoption of this item. Moved by Councillor MacEachern Seconded by Councillor Granger (8) PL07-035 – Applications to Amend Zoning By-law and Draft Plan of Subdivision Victor Priestly/Claretree Developments 105 Inc. Part of Lot 25, Concession 2, E.Y.S. Files D14-17-06 & D12-03-06 THAT Council receive as information the following overview of applications to amend the Zoning By-law and Draft Plan of Subdivision, Files D14-17-06 and D12-03-06 scheduled for the Public Planning meeting of May 23, 2007. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT item 4 of the minutes of General Committee Meeting 07-21 be corrected as follows: (4) PL07-030 –Bill 51 – The Planning and Conservation Land Statute Law Amendment Act THAT report PL07-030 be received for information, and THAT staff report back to Council on interim changes that will be required to the Official Plan and Zoning By-law to implement the positive changes provided for under Bill 51; and Council Meeting No. 07-11 Page 7 of 11 Tuesday, April 24, 2007 THAT the Ministry of Municipal Affairs and Housing, to ensure that there are no negative impacts on adjacent land uses, be requested to complete strict development policies pertaining to energy projects, prior to the Lieutenant Governor exempting any class of undertakings under the provisions of Section 62.0.1(1 a and 70 h) of the Planning Act; and THAT staff report back to Council on the implications of implementing Bill 51 with regards to changes of powers, responsibilities and/or authority of Council; and THAT the minutes of the General Committee Meeting 07-21, as corrected, be received and the recommendations contained therein be adopted. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the balance of the minutes of the General Committee Meeting 07- 21, as corrected, be received and the recommendations contained therein be adopted. CARRIED 6. Motion from Councillor Marsh Re: Televised Aurora Council and General Committee Meetings (Notice of Motion was provided at General Committee - April 17, 2007) Moved by Councillor Marsh Seconded by Councillor MacEachern WHEREAS Goal D of the Town of Aurora’s Strategic Plan states: Ensure transparent, accountable and open governance in concert with informed and involved citizens; and WHEREAS currently only Council meetings are televised by Aurora Cable; and WHEREAS frequently an item is discussed in detail at General Committee meetings prior to Council’s adoption of the item, which results in the viewing public not being able to understand Council’s decisions; and WHEREAS when an item is discussed at Council because of new information, the discussion can appear incomplete without the benefit of having knowledge of the discussion at General Committee; NOW THEREFORE BE IT RESOLVED THAT staff be directed to contact Aurora Cable Internet with a view to discussing the possibility of televising both General Committee and Council meetings. CARRIED Council Meeting No. 07-11 Page 8 of 11 Tuesday, April 24, 2007 8. LS07- 015 -Delivery and Pick-up Fee Moved by Councillor Marsh Seconded by Councillor McRoberts THAT the fee to Holy Spirit Catholic Elementary School for delivery and pick-up of picnic tables and garbage cans to James Lloyd Park be applied in accordance with the Fees and Services By-Law. On a recorded vote the resolution was CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, Marsh, McRoberts and Mayor Morris VOTING NAYS: Councillors Buck and Wilson 11. LS07-012 – The Aurora Heritage Centre Renovations (deferred from Special General Committee – April 23, 2007) WHEREAS the cost of the renovations to the Aurora Heritage Centre are estimated to be the following: Construction Cost $2,201,400. Architectural Costs 35,040. Belfry 50,000. Project Management 35,000. Sub Total $2,321,440. Interior Finishings Display Case Millwork $ 135,000. Furniture, Fixtures, Equipment $ 75,000. Teleconference Equipment $ 75,000. Cash Allowance (Mechanical/Electrical) $ 90,000. Sub Total Finishings $ 375,000. Total Project Cost $2,696,440. and WHEREAS the funding for the project is anticipated to be the following: Town of Aurora $2,321,440. Historical Society $ 375,000. NOW THEREFORE BE IT RESOLVED THAT 1. Council support the renovation of the Aurora Heritage Centre in the amount of $2,321,440 and the source of funding for this project be derived from the Council Discretionary Reserve Fund; and 2. THAT staff take the necessary actions to obtain funds from the Council Discretionary Reserve Fund for completion of the Aurora Heritage Centre renovations; and Council Meeting No. 07-11 Page 9 of 11 Tuesday, April 24, 2007 3. THAT staff explore with the Aurora Historical Society any potential grants that may be available to assist in the completion of the project; and 4. THAT the Town’s purchasing policy on sole source procurement be waived and the architectural firm of Lynch & Comisso be engaged by the Town to complete the project; and 5. THAT staff engage the services of a Project Management Consultant to administer the project and that staff proceed with a Request for Proposal for this service; and 6. THAT an Open House be held for members of the public to review the plans for the project and obtain public input and that staff report back on the meeting format; and 7. THAT staff be directed to provide a report on options for names for this facility; and 8. THAT staff review the proposed design of the building and floor layout with the consultant, in light of the fact that this building will be managed and operated by the municipality as a municipal building. CARRIED 12. Re: Item 2(1) General Committee Meeting Minutes No. 07-21 Tuesday, April 17, 2007 PW07-002 – Downtown Core Area Parking Study Correspondence from Marshall Macklin Monaghan (ADDITIONAL ITEM) Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT the correspondence from Marshall Macklin Monaghan be received for information; and THAT the submission from Councillor Buck regarding parking be received by staff. CARRIED XI REGIONAL REPORT Mayor Morris advised that she was unable to attend the Regional Council Meeting due to illness, but reported the following regional highlights: The budget was passed at an increase of 4.8%. The Planning for Tomorrow meeting is scheduled for May 9, 2007 at Town Hall. The transit meeting was held this afternoon where it was suggested that when the Town of Aurora’s transit needs are reviewed in the future, that a public session could be held in Aurora, in order to receive residents’ input pertaining to the local bus routes. The Chief Administrative Officer of York Region, Mr. Michael Garrett, has retired and Mr. Bruce McGregor has taken over the position. The Ontario Power Authority will soon be finalizing its decision regarding the power needs for Aurora. Council Meeting No. 07-11 Page 10 of 11 Tuesday, April 24, 2007 Councillor Marsh advised that the Region has received a $15 million windfall, due to no longer having to contribute towards pooling for the City of Toronto. Councillor Marsh advised that the Region has decided not to return the money to the taxpayers and also not to share it with the lower tiers. The Director of Financial Services advised that the Region lost a $9 million grant, and have applied the remaining $6 million towards debt repayment. XII READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4907-07.F BEING A BY-LAW to establish a schedule of fees for applications, permits, the sale of Town publications, and to prescribe service charges for administrative matters. 4897-07.P BEING A BY-LAW to regulate Temporary Signs, within the Town of Aurora 4898-07.P BEING A BY-LAW respecting permanent signs within the Town of Aurora 4908-07.D BEING A BY-LAW to amend Bylaw 2213-78, as amended, being the Zoning By-law of the Town of Aurora(Vincent Congiusti in Trust, File D14-13-04 - 145 Industrial Parkway South) 4910-07.D BEING A BY-LAW to amend Bylaw 2213-78, as amended, being the Zoning By-law of the Town of Aurora (2091585 Ontario Inc., File D14-08-06 - 15565 Yonge Street) 4921-07.P BEING A BY-LAW to amend the Property Standards By-law 4044-99.P Related to the Trespass of Light onto Residential Properties 4922-07.P BEING A BY-LAW to amend the Town’s Business Licensing By-law Relating to Taxicab Meter Rates 4900-07.F BEING A BY-LAW to amend Municipal waterworks Distribution By-law 3305-91, as amended. 4923-07.C BEING A BY-LAW to confirm actions by Council Resulting from meeting 07-11 on April 24, 2007 CARRIED Councillor Wilson, Mayor Morris and the Chief Administrative Officer thanked the Director of Public Works for all of his hard work and dedication and wished him well in his new position in the City of Peterborough. Council Meeting No. 07-11 Page 11 of 11 Tuesday, April 24, 2007 XII CLOSED SESSION Property and Personal Matters Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council convene into a closed session to consider a property matter and personal matters about an identifiable individual. CARRIED XIII ADJOURNMENT Moved by Councillor Collins-Mrakas THAT the meeting be adjourned at 9:40 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK