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MINUTES - Council - 20071201 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 07-32 Council Chambers Aurora Town Hall Tuesday, December 11, 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, Acting Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor and Council/Committee Secretary Deputy Mayor McRoberts assumed the Chair in the absence of Mayor Morris and called the meeting to order at 5:45 p.m. CLOSED SESSION Legal and Labour Relations Matters Moved by Councillor Marsh Seconded by Councillor Buck THAT Council convene into a Closed Session to consider legal and labour relations matters. CARRIED Council recessed at 5:48 p.m. Deputy Mayor McRoberts vacated the Chair, Mayor Morris assumed the Chair. Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council reconvene at 7:13 p.m. CARRIED I DECLARATIONS OF PECUNIARY INTEREST Councillor McRoberts declared a pecuniary interest in the additional delegation - (d) 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. Council Meeting No. 07-32 Page 2 of 12 Tuesday, December 11, 2007 II APPROVAL OF AGENDA Moved by Councillor Buck Seconded by Councillor MacEachern THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegation c) - Mr. Claudio Brutto, Brutto Consulting Re: Item 10 - PL07-150 and By-law 4964-07.D Draft Plan of Subdivision & Zoning Amendment Stefano and Rose Polsinelli  Delegation d) - Mr. Dan Revington Re: Dr. G. W. Williams Secondary School  Added Item 15 - Memorandum from the CAO Re: Donation of Naming Rights Southlake Regional Health Centre Foundation Gala CARRIED III OPEN FORUM None IV ADOPTION OF MINUTES Council Meeting Minutes of November 27, 2007, Meeting 07-30 and Special Council - Public Planning of November 28, 2007, Meeting 07-31 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the third item in the New Business/General Information - Councillors section of the Council Meeting Minutes from meeting 07-30 - be amended to read as follows: Councillor MacEachern asked whether or not there was signage in place at the Town owned 404 Lands for sale. The CAO advised that he would investigate the matter. THAT the Council Meeting Minutes from meeting 07-30, as amended, and the Special Council - Public Planning Minutes from meeting 07-31 be adopted. CARRIED V PRESENTATIONS None VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that the National Defence and the Canadian Armed Forces conducted an emergency preparedness exercise drill in Aurora from December 6, 2007 through to the December 10, 2007. Mayor Morris congratulated the staff of the Leisure Services Department, the Public Works Department and the Central York Fire Services staff for their valuable assistance with the military exercise this past weekend. Council Meeting No. 07-32 Page 3 of 12 Tuesday, December 11, 2007 Mayor Morris advised that Operation Red Nose will be in operation again this year and encouraged people to take care when enjoying the festivities of the season, not to drink and drive and to call for a ride if they feel they are unable to drive safely. Mayor Morris advised that there will be a party in celebration of the retirement of Sue Seibert, Director of Planning and Development, taking place on Monday, December 17, 2007. Councillor Gaertner thanked the Mayor for attending the Hanukkah celebration at the Town Hall on Sunday December 9, 2007. Councillor McRoberts reminded Council and attendees that the Town of Aurora is coordinating the annual Salvation Army Christmas Kettle Drive and anyone wishing to volunteer should call Info Aurora at 905 727-8214. Councillor Granger advised that the Aurora Christmas Dream is pulling together with the assistance of the many corporations and individuals who are volunteering their time, materials and services. Councillor Grangers advised that this will be a traditional holiday celebration for many Aurora residents and families who are in need of support during the holiday season. Councillor Marsh commended the Colonel G. C. Mann, Major Fred Moore Lieutenant Colonel Bruce McCullough and the troops involved in Operation Steadfast, adding that the experience was thoroughly informative and reassuring. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5(6), (8), (14), (15), 6, 7, 8, 9, 10, 11, 12, 13 and 14 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by Councillor MacEachern 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. 07-47 Thursday, November 22, 2007 THAT the minutes of the Special General Committee Meeting 07-47 on Thursday, November 22, 2007, be received and the recommendations contained therein be adopted. 2. Special General Committee Meeting Minutes No. 07-48 Monday, November 26, 2007 THAT the minutes of the General Committee Meeting 07-48 on Monday, November 26, 2007, be received and the recommendations contained therein be adopted. 3. Special General Committee – Audit Committee Meeting Minutes No. 07-49 Tuesday, November 27, 2007 THAT the minutes of the Special General Committee Meeting 07-49 on Tuesday, November 27, 2007, be received and the recommendations contained therein be adopted. Council Meeting No. 07-32 Page 4 of 12 Tuesday, December 11, 2007 4. Special General Committee Meeting Minutes No. 07-50 Saturday, December 1, 2007 THAT the minutes of the Special General Committee Meeting 07-50 on Saturday, December 1, 2007, be received and the recommendations contained therein be adopted. CARRIED IX DELEGATIONS (a) Mr. Charles Sequeira of the Town of Aurora Seniors’ Association Mr. Charles Sequeira, on behalf of the Aurora Seniors’ Assocation, presented Council with the second instalment toward the capital debt relative to the Aurora Seniors’ Centre, in the amount of $58,079.83. Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the presentation from the Seniors’ Centre Association and second instalment toward the capital debt relative to the Aurora Seniors’ Centre, in the amount of $58,079.83, be received with thanks on behalf of the Town of Aurora. CARRIED (b) Mr. Mike Springford, Chair - Site Selection Committee Habitat for Humanity York Region Mr. Mike Springford presented a video to illustrate the concept and the benefits of the Habitat for Humanity Program for individuals and the community as a whole and outlined how Habitat York Region fits in with municipal, regional, and provincial affordable housing policies. Mr. Springford requested that Council consider the donation of any municipal surplus lands which may be used for this program and also consider waving development charges and building permit fees to help offset the costs involved in this type of building project. Moved by Councillor Granger Seconded by Councillor Wilson THAT the comments of the delegate be received and referred to Planning & Development Services to review and provide additional information and possible locations. CARRIED (c) Mr. Claudio Brutto, Brutto Consulting Re: Item 10 - PL07-150 and By-law 4964-07.D Draft Plan of Subdivision & Zoning Amendment Stefano and Rose Polsinelli - Added Item Mr. Claudio Brutto advised that the applicant is in full support of the staff report and recommendations and urged Council to approve the application and allow staff to continue with the process. Moved by Councillor MacEachern Seconded by Councillor Granger THAT the comments of the delegate be received for information and that Item 10 be brought forward for discussion. CARRIED Council Meeting No. 07-32 Page 5 of 12 Tuesday, December 11, 2007 10. PL07-150 - Draft Plan of Subdivision and Zoning By-law Amendment Applications Stefano and Rose Polsinelli 14575 Bayview Avenue, Aurora Part of Lot 16, Concession 2, E.Y.S Files D12-01-1A & D14-04-01 Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the proposed Plan of Subdivision D12-01-1A prepared by Brutto Consulting dated April 3, 2006, revised October 24, 2007, including a neighbourhood park, be draft approved subject to the Schedule of Conditions of Draft Approval, attached hereto as Appendix “A”, being fulfilled prior to final approval; and THAT 61 units of sewage and water capacity be allocated to the Polsinelli lands, described as Part of Lot 16, Concession 2, East of Yonge Street; and, THAT Council enact Implementing Zoning By-law 4964-07.D. CARRIED Councillor McRoberts, having previously declared an interest in Delegation (d), did not take part in the vote called for in this regard. (d) Mr. Dan Revington Re: Dr. G. W. Williams Secondary School - Added item Mr. Dan Revington thanked Council for supporting the residents in their requests that the York Region District School Board reconsider their plans to move Dr. G. W. Williams Secondary School to a new location. Mr. Revington advised that the York Region District School Board has announced that they have decided to keep the current location for the Dr. G. W. Williams Secondary School and purchase land for a new school as well. Mr. Revington advised that the residents he represents are very pleased with this outcome and feel that it was the support and encouragement from the Mayor and Members of Council who helped make this happen. Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT the comments of the delegate be received for information. CARRIED CLOSED SESSION Legal Matters Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Council convene into a Closed Session to receive legal advise. CARRIED Council recessed at 8:30 p.m. Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the meeting reconvene in public session at 9:45 p.m. CARRIED Council Meeting No. 07-32 Page 6 of 12 Tuesday, December 11, 2007 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the Director of Corporate Services be directed to contact the Information Privacy Commissioner to request that an interpretation be provided with regard to the release of telephone logs; and THAT the Mayor be directed to send a letter on behalf of Council, to former Mayor Tim Jones, requesting further information related to the use of the telephone logs. On a recorded vote the motion was CARRIED YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, Marsh, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillors Buck and Collins-Mrakas X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Items 6 and 9 be brought forward for consideration at this time. CARRIED 6. FS07-054 - Consulting Service for Business Plan and Strategic Plan for the Aurora Heritage Centre Moved by Councillor Granger Seconded by Councillor MacEachern THAT the Town of Aurora accept the proposal from Novita Interpares Limited for the preparation of a Business Plan for the Aurora Heritage Centre, and subject to receiving Canadian Arts and Heritage Sustainability Program funding, Novita also be contracted for the preparation of a Strategic Plan and Training and Development for the Aurora Heritage Centre, and THAT the Arts and Culture Committee be the steering group for this project. CARRIED 9. LS07-047 – Aurora Heritage Centre – 22 Church Street - Construction Moved by Councillor Granger Seconded by Councillor McRoberts THAT Council approve the award of construction renovations for the Aurora Heritage Centre - 22 Church Street to Rutherford Construction Incorporated based on tender results of LS2007-92 in the amount of $2,184,408; and THAT Council approve an additional contingency allowance of 10% of the base bid amount, $218,440, to account for additional work and potential changes to the contract. CARRIED Council Meeting No. 07-32 Page 7 of 12 Tuesday, December 11, 2007 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Item 14 be brought forward for consideration at this time. CARRIED 14. Memorandum from the Chief Administrative Officer Re: Ontario Power Authority - Request for Proposal Moved by Councillor Buck Seconded by Councillor Granger THAT the memorandum from the Chief Administrative Officer regarding Ontario Power Authority - Request for Proposal be received for information; and THAT the Ontario Power Authority be invited to appear before General Committee to provide additional information on this matter. CARRIED 5. General Committee Meeting Minutes No. 07-52 Tuesday, December 4, 2007 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 07-52, TUESDAY, DECEMBER 4, 2007 (14) PW07-046 – Recycling Services in Public Spaces Moved by Councillor MacEachern Seconded by Councillor Marsh THAT Council receive report PW07-046, regarding the provision of recycling services in public spaces; and THAT Council direct staff to further investigate all of the options outlined in report PW07-046, and report back to Council prior to the 2008 Budget deliberations with further details and budget impacts for the options; and THAT, for 2008, staff be directed to proceed to implement Option “D”, to placard all existing waste receptacles in public areas to help deter recyclable materials going to landfill; and THAT report PW07-046 – Recycling Services in Public Spaces be referred to the Environmental Advisory Committee for information on their January 2008 agenda. CARRIED (8) LS07-046 – Department of Leisure Services – Sports Field Use Policy Moved by Councillor Gaertner Seconded by Councillor Buck THAT the General Committee endorse the revised Sports Field Use Policy for implementation prior to the commencement of the 2008 playing season, subject to any comments or revisions as recommended by the General Committee. CARRIED Council Meeting No. 07-32 Page 8 of 12 Tuesday, December 11, 2007 Mayor Morris relinquished the Chair to Deputy Mayor McRoberts in order to participate freely in the discussion during consideration of items 6 and 15. (6) CS07-046 – 2008 Pet Licensing Fees Moved by Mayor Morris Seconded by Councillor MacEachern THAT report CS07-046 - 2008 Pet Licensing Fees be received for information; and THAT the proposed amending by-law be presented at the Council meeting of December 11, 2007; and THAT an Information item be placed on the town website and in the Era Banner Notice Board informing residents of the proposed change to the animal control contractor, as well as the proposed change to the pet licensing fees; and THAT door to door canvassers who sell pet licenses be instructed to distribute a flyer to each household which includes the following information:  Phone number for animal control  Hours of operation for animal control  List of services provided by animal control  The cost of the contract for animal control  Information regarding the leash-free dog park  Information regarding the ability to purchase a pet license in person at Town Hall  Any additional information which staff deem appropriate; and THAT the license fee for a micro-chipped dog be $22.50 per year; and THAT the license fee for a micro-chipped cat be $15.00 per year; and THAT the fine for “Failing to Obtain a Dog or Cat License” be $200; and THAT the fine for “Allowing a Dog or Cat to Run at Large” be $300; and THAT licenses be issued at the existing rates until the end of January 2008; and THAT By-law 4981-07.P be given 1st and 2nd readings this evening and be scheduled to receive a third reading and be enacted by Council on Tuesday, January 22, 2008. CARRIED (15) ADM07-015 - Extension of Agreement for Provision of External Legal Services Moved by Mayor Morris Seconded by Councillor MacEachern THAT the provision of external legal services previously by the roster of firms as noted and as previously approved by Council on December 7, 2004, be hereby extended upon the terms and conditions provided herein for a further two (2) year term commencing January 1, 2008, as follows: AREA OF LAW LEGAL FIRM General Municipal Weir Foulds, LLP (Primary Service Provider) Aird & Berlis Gowling Lafleur Henderson Thomson Rogers Planning and Development Weir Foulds, LLP (Primary Service Provider) Aird & Berlis Gowling Lafleur Henderson Thomson Rogers Council Meeting No. 07-32 Page 9 of 12 Tuesday, December 11, 2007 Litigation Paterson MacDougall Thomson Rogers Environmental Wilms & Shier Gowling Lafleur Henderson AND THAT Hicks, Morley, Hamilton, Stewart and Storie continue as the primary service provider in the area of labour and employment law; AND THAT the Town Solicitor be authorized to retain external legal services from the list of approved firms, and alternatively, from any other firms as required on an exceptional and as-needed basis, upon application to Council for approval. Upon conclusion of consideration of items 6 and 15, Mayor Morris resumed the Chair. Moved by Councillor Granger Seconded by Councillor MacEachern THAT the remaining balance of the minutes of the General Committee Meeting 07-52 on Tuesday, December 4, 2007, be received and the recommendations contained therein be adopted. CARRIED 8. Advertisement for the Sale of the Leslie Street Property (Tabled by Councillor MacEachern) Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the advertisement for the sale of the Leslie Street property be received for information; and THAT the CAO be requested to work with the Real Estate Company to make the advertisement(s) for the sale of the Leslie Street property more attractive. CARRIED 11. Memorandum from the Director of Corporate Services Re: Additional Meetings in January 2008 Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the memorandum from the Director of Corporate Services regarding additional meeting dates in January 2008 be received; and THAT the proposed extension to the December 12, 2007, Public Planning meeting, to address the Leisure Services Department operating budget, not be approved; and THAT the following proposed additional meeting dates be approved: ▪ Monday, January 7, 2008 - Special GC - Priority Setting for 2008 ▪ Tuesday, January 8, 2008 - Special GC - Budget Review ▪ Monday, January 21, 2008 - Special GC - Budget Review ▪ Thursday, January 24, 2008 - Special GC - Budget Review ▪ Monday, January 28, 2008 - Education Session - Development Charges ▪ Tuesday, January 29, 2008 - Special Council - Final Budget THAT the Public Planning meeting be moved from January 30, 2008 to January 23, 2008. CARRIED Council Meeting No. 07-32 Page 10 of 12 Tuesday, December 11, 2007 12. Motion Tabled by Councillor Granger Re: Relocation of the Aurora Farmers’ Market Moved by Councillor Granger Seconded by Councillor Buck WHEREAS the Aurora Farmers' Market has experienced good growth in vendors and participation for the 2007 season at the Temperance Street location, and WHEREAS and given that it is the opinion of the vendors that in order to accommodate further growth and success of the Farmers' Market for 2008; and WHEREAS it is the intension of the Farmers' Market to continue supporting the Aurora Downtown core; THEREFORE BE IT RESOLVED THAT the Farmers' Market Committee members request Council's support in its choice to relocate the current market from the Temperance Street location to the Town Park on Wells Street in 2008; and THAT the Aurora Farmers’ Market Committee requests an amendment to the existing by-law to address this move and include the permitted time of operation to be from 8:00 am to 1:00 pm every Saturday from May 3rd through to October 25th; and THAT Council agree to continue its services in-kind support by allowing Town staff assistance towards the Farmers’ Market in 2008 which normally may include Town staff services from Public Works, By- Law Services, Leisure Services, Corporate Communications and free regular advertising space on the Town’s Community Notice Board; and THAT this By-Law amendment be brought back to Council at the earliest convenience in January, 2008. REFERRAL: Upon the question of the adoption of the resolution, it was: Moved by Councillor Marsh Seconded by Councillor MacEachern THAT the motion tabled by Councillor Granger regarding the relocation of the Aurora Farmers’ Market be referred to the Director of Leisure Services for a report outlining the proposed location with the use of diagrams, and containing input from the downtown merchants; and THAT the report also explore the option of re-designing the Temperance Street parking lot to better accommodate the needs of the Aurora Farmers’ Market. CARRIED 7. FS07-055 – Seniors’ Centre Fundraising Moved by Councillor MacEachern Seconded by Councillor Marsh THAT report FS07-055 be received. CARRIED Council Meeting No. 07-32 Page 11 of 12 Tuesday, December 11, 2007 13. Memorandum from the Director of Planning & Development Services Re: Official Plan Amendment, Zoning By-law Amendment and Proposed Plan of Condominium Applications Westhill Redevelopment Company Limited Part Lot 12 Conc. EYS and Part Lots 11 and 12 Conc. 3 EYS Files D09-04-00 D14-12-00 and D07-03-00A OMB Case File: PL030997 OMB File No.: O030373, Z030149 and S030085 Moved by Councillor MacEachern Seconded by Councillor Marsh THAT the a Closed Session briefing by the Town’s external council and staff on January 15, 2008 be held prior to the Council meeting; and THAT the staff report PL07-136 regarding the Westhill Redevelopment Company Limited applications be forwarded to the Regional Planning and Economic Development Committee for consideration at the January 16, 2008 meeting; and THAT a Special Public Planning meeting be held on January 23, 2007 to continue the meeting held on November 28, 2007, to ensure that the gaps in information have been addressed; and THAT notice be posted in the Notice Board. CARRIED 15. Memorandum from the CAO Re: Donation of Naming Rights Southlake Regional Health Centre Foundation Gala Moved by Councillor Marsh Seconded by Councillor Wilson THAT the memorandum from the CAO regarding donation of naming rights Southlake Regional Health Centre Foundation Gala be received; and THAT Council allow the parkette naming opportunity, in support of the Southlake Regional Cancer Centre. CARRIED XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS The CAO advised that the Town of Aurora’s in-house solicitor, Shelley Pohjola has accepted a wonderful opportunity to be the first in-house lawyer for the Town of Whitby. The CAO advised that this will be Shelley’s final Council meeting with Aurora, as she will be starting with Whitby on January 14, 2008. The Mayor, on behalf of herself and Council, congratulated Ms Pohjola and thanked her for the many years valuable legal advice and dedicated service. Council Meeting No. 07-32 Page 12 of 12 Tuesday, December 11, 2007 XIII READING OF BY-LAWS Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern THAT the following listed by-law be given 1st and 2nd readings this evening and be scheduled to receive a third reading and be enacted by Council on Tuesday, January 22, 2008: 4981-07.P BEING A BY-LAW to amend the Pet Licensing Fees in the Town’s Dog and Cat By-laws CARRIED Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4964-07.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 Lot 16, Concession 2 EYS, File: D14-04-01 - Stefano and Rose Polsinelli) 4982-07.L BEING A BY-LAW to appoint an investigator who has the function to investigate closed sessions. (Local Authority Services Limited (LAS)) 4985-07.T BEING A BY-LAW to designate Murray Drive from Wellington Street West to Kennedy Street West as a Community Safety Zone. 4983-07.C BEING A BY-LAW to confirm actions by Council resulting from the meeting of December 11, 2007. CARRIED XIV CLOSED SESSION Labour Relations Matter Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council convene into a closed session to consider a labour relations matter. CARRIED XV ADJOURNMENT Moved by Councillor Granger THAT the meeting be adjourned at 11:20 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK