MINUTES - Council - 20080513 TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 08-14
Council Chambers
Aurora Town Hall
Tuesday, May 13, 2008
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gaertner, Granger, MacEachern, McRoberts
and Wilson.
MEMBERS ABSENT (1 vacant office)
OTHER ATTENDEES Chief Administrative Officer, Director of Corporate
Services/Town Clerk, Director of Leisure Services,
Director of Planning, Director of Public Works,
Director of Financial Services/Treasurer, External
Solicitor, and Council/Committee Secretary.
Mayor Morris called the meeting to order at 7:00 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor McRoberts declared a pecuniary interest in item 11 pertaining to the
northeast quadrant traffic calming study, by virtue of his residence being in the
affected area, 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 MacEachern declared a pecuniary interest in closed session item 4
pertaining to a legal matter, by virtue of allegations being made against her, 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 Buck Seconded by Councillor MacEachern
THAT the closed session item - Legal Opinion provided by the Solicitor,
Mr. John Mascarin, be made public; and
THAT the agenda as circulated by the Corporate Services Department,
with the following additional items, be approved:
Replacement page 5 of the agenda
Request for delegation status from Mr. Bill Hogg
Re: Item 8 - CS08-020 – Vacancy Office of Councillor
Request for delegation status from Mr. Hans J. Stech
Re: Item 8 - CS08-020 – Vacancy Office of Councillor
Minutes of Council Meeting No. 08-14 Page 2 of 10
Tuesday, May 13, 2008
14. Correspondence from Mr. Brian North
Re: Item 8 - CS08-020 – Vacancy Office of Councillor
15. Correspondence from Mr. John Gallo
Re: Item 8 - CS08-020 – Vacancy Office of Councillor
CARRIED
III OPEN FORUM
Ms Lee Andrews addressed Council to advise that she will be participating in an
event entitled “Sears National Kids Cancer Ride” which is a bike ride across
Canada from Vancouver to Halifax over the span of 19 days to raise awareness
and funds for child cancer research. Ms Andrews advised that she will be
accompanied on this trip by Mr. Andy Brooks who, at the age of 17, is bravely
fighting a life long battle with cancer, along with 48 other cyclists. Ms Andrews
advised of an upcoming dinner/dance event which is being held at the Eaton Hall
on Saturday, May 24, 2008, to help support this cause. Ms Andrews invited those
in attendance to purchase tickets for the dinner/dance at a cost of $55 or, if they
prefer to only participate in the dance, they may purchase tickets at a cost of only
$25.
Mr. Dave Heard, Outreach Director of the Aurora Farmers’ Market Committee,
advised Council that there was an Aurora Farmers’ Market in the late 1800’s and
that he is proud to be participating in the current Aurora Farmers’ Market which
upholds the fine tradition of local merchants, community and friends coming
together on Saturdays to share in this weekly market Mr. Heard advised that the
“Marketeers” are passionate about their contribution to the community and he
advised of the many special events being held at the Farmers’ Market throughout
the 2008 season.
Mr. Damir Vrancic made a request to Council to allow the residents of Aurora to
make a determination of who will fill the currently vacant seat in the Office of
Councillor. Mr. Vrancic expressed the view that, on the basis of transparency,
open government and democracy, it would be logical and fair to allow himself
and the other residents of this community, the opportunity to vote in a by-
election.
Mr. Graham Wride advised that there has been confusion regarding the issue of
reconsideration and a by-election to fill the vacancy in the Office of Councillor.
Mr. Wride advised that he believed that public opinion is strongly in support of
holding a by-election and that the matter should be reconsidered and a by-
election should be held. Mr. Wride urged Council to conduct these proceedings
in public, rather than in a closed session and he suggested that the cost of a by-
election is a reasonable one, in the interest of democracy.
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT the Open Forum be extended beyond 7:30 p.m. to allow any other
members of the public to speak if they so wish.
CARRIED
Minutes of Council Meeting No. 08-14 Page 3 of 10
Tuesday, May 13, 2008
IV ADOPTION OF MINUTES
1. Council Minutes of April 22, 2008, Meeting Number 08-11
2. Special Council - Public Planning Minutes of April 23, 2008, Meeting
Number 08-12
Moved by Councillor Granger Seconded by Councillor Collins-Mrakas
THAT the Council minutes of April 22, 2008, meeting number 08-11, and
Special Council - Public Planning minutes of April 23, 2008, meeting
number 08-12 be adopted as printed and circulated.
CARRIED
3. Special Council Minutes of April 28, 2008, Meeting Number 08-13
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT the Special Council minutes of April 28, 2008, meeting number 08-
13 be adopted as printed and circulated.
CARRIED
V PRESENTATIONS
None
VI PUBLIC SERVICE ANNOUNCEMENTS
Mayor Morris advised that the Aurora Seniors’ Centre is holding an event called
A Visit to Broadway which will feature a live performance from Ms Cara Chisholm
who starred in the original Canadian cast of Les Misérables and Phantom of the
Opera. Mayor Morris advised that the event will be held on Wednesday, May 14,
2008 at 2:00 p.m., and that tickets are available through the Seniors’ Centre for
$20.00 each.
Mayor Morris advised that the Aurora Scouts troop of the Third Division are in
attendance at this meeting to see how Council proceedings are held. Mayor
Morris welcomed the troops, on behalf of herself and Council.
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 5, 6, 7(14), 7(16), 7(30), 7(IX- New Business), 8, 9, 11 and 13 were
identified for discussion.
VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor Wilson Seconded by Councillor McRoberts
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:
Minutes of Council Meeting No. 08-14 Page 4 of 10
Tuesday, May 13, 2008
10. Recommendation from Closed Session - May 6, 2008
Re: Appointment Sponsorship/Special Events Assistant
(Tabled by Mayor Morris)
THAT approval be granted to recruit the proposed incumbent to the
position of Sponsorship/Special Events Assistant in accordance with the
Town’s Administrative Procedure No. 24.
CARRIED
12. FS08-021 - 2008 Property Tax Rates and Ratios
THAT the property tax ratios and tax rates for the 2008 taxation year be
established as follows:
Broad Property Class Tax Ratio Tax Rate
Residential/Farm 1.0000 0.00377146
Multi-residential 1.0000 0.00377146
Commercial 1.2070 0.00455215
Industrial 1.3737 0.00518085
Pipeline 0.9190 0.00346597
Farmland 0.2500 0.00094286
Managed Forest 0.2500 0.00094286
THAT By-law 5026-08.F establishing the 2008 Property Tax Rates for the
Town of Aurora be approved.
IX DELEGATIONS
4. a) Mr. Bill Thompson, Conservation Lands Planner for the Lake Simcoe
Region Conservation Authority, on behalf of Ms Susan Walmer, STORM
Re: Lake Simcoe Management Plan and Sheppard’s Bush Open House
Mr. Thompson advised that he is the Conservation Lands Planner for the
Lake Simcoe Region Conservation Authority and that he was speaking on
behalf of Ms Susan Walmer of STORM, who was unable to attend. Mr.
Thompson provided a presentation outlining the past, present and future of
Sheppard’s Bush Conservation Area. Mr. Thompson described the history
and site characteristics of Sheppard’s Bush and advised that the existing
management plan for the area is under review. Mr. Thompson explained
that a new plan is being developed, which will involve a new vision for the
future of Sheppard’s Bush incorporating enhanced natural and cultural
heritage as well as recreational and educational values. Mr. Thompson
invited the Mayor, Council and residents to come to the public open house
and workshop which will be taking place on Sunday, May 25, 2008. Mr.
Thompson concluded by advising that Council will be kept apprised of the
process as it continues to unfold.
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the comments of the delegate be received.
CARRIED
Minutes of Council Meeting No. 08-14 Page 5 of 10
Tuesday, May 13, 2008
b) Mr. Bill Hogg
Re: Item 8 - CS08-020 – Vacancy Office of Councillor
Mr. Hogg provided, on behalf of Mr. Nigel Kean, a petition which states “We
the Residents of Aurora want Town Council to hold a by-election to replace
Grace Marsh”.
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the petition from Mr. Bill Hogg, on behalf of Mr. Nigel Kean, be
accepted as presented.
CARRIED
Mr. Hogg advised Council that he is concerned that Ms Grace Marsh felt that
she had no choice but to make the difficult decision to resign from Council.
Mr. Hogg expressed his support for a by-election and urged Council to vote
in favour of holding a by-election in order to involve the citizens of Aurora in
the open process of selecting a new member of Council to replace Ms
Marsh. Mr. Hogg requested that Council bring the appropriate items
respecting this matter forward for discussion to accommodate the large
group of residents in attendance at this meeting to observe Council’s
deliberations and decisions pertaining to this issue.
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the comments of the delegate be received.
CARRIED
c) Mr. Hans J. Stech
Re: Item 8 - CS08-020 – Vacancy Office of Councillor
Mr. Hans Stech addressed Council to express his support for the
reconsideration and approval for the calling of a by-election to allow the
citizens of Aurora to exercise their democratic right to participate in this
decision and express their own opinions.
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT the comments of the delegate be received.
CARRIED
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT item 7 be brought forward for consideration at this time.
CARRIED
Minutes of Council Meeting No. 08-14 Page 6 of 10
Tuesday, May 13, 2008
(7) General Committee Meeting Report No. 08-22 Tuesday, May 6, 2008
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE
GENERAL COMMITTEE MEETING NO. 08-22, TUESDAY, MAY 6, 2008
(IX) NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas
THAT a Notice of Reconsideration for the motion related to holding a by-
election be accepted.
On a recorded vote the motion FAILED TO CARRY, as the required 2/3
majority was not achieved.
YEAS: 5 NAYS: 3
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, McRoberts and
Wilson
VOTING NAYS: Councillors Granger, MacEachern and Mayor Morris
Note: On a motion to reconsider there must be a majority of at least 2/3 of
Council in favour of the reconsideration to allow it to pass, as required by
the Procedural By-law. In this case the 2/3 majority was not achieved
therefore the motion failed to carry.
(14) PL08-034 – Approval of Regional Official Plan Amendment No 53. for the
Aurora 2C Planning Area
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the matter be deferred until such time that a Financial Strategy is
undertaken to outline sound fiscal management strategies, to eliminate
negative financial impact of growth on the existing tax base.
CARRIED
(16) PL08-038 – Site Plan Application
Whitwell Developments Limited
(Smart Centres Phase II)
Block 1 Plan 65M-3819, Part of Lot 21, Concession 3
File D11-15-07
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT, subject to a satisfactory review by the Site Plan Committee, the
Director of Planning and Development Services be authorized to execute
a site plan agreement between Whitwell Developments/Smart Centres
and the Town of Aurora respecting the construction of Phase II of the
regional commercial shopping centre at the north west corner of
Wellington Street East and First Commerce Drive; and
THAT, prior to the execution of the agreement, the site plan agreement be
presented to Council.
CARRIED
Minutes of Council Meeting No. 08-14 Page 7 of 10
Tuesday, May 13, 2008
(30) Aurora Heritage Centre Draft Floor Plans (Novita Strat Plan)
(Tabled by Councillor Gaertner)
Moved by Councillor Gaertner Seconded by Councillor MacEachern
THAT the Aurora Heritage Centre Draft Floor Plans (Novita Strat Plan) be
received for information.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the balance of the report of the General Committee Meeting No. 08-
22 be received and the recommendations carried by the Committee be
approved.
CARRIED
5. Special General Committee Meeting Report No. 08-20 Monday, April 28,
2008
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the report of the Special General Committee Meeting No. 08-20 be
received and the recommendations carried by the Committee be
approved.
CARRIED
6. Special General Committee Meeting Report No. 08-21 Wednesday, April 30,
2008
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT the report of the Special General Committee Meeting No. 08-21 be
received and the recommendations carried by the Committee be
approved.
CARRIED
8. CS08-020 – Vacancy Office of Councillor
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the candidate that finished in 9th place in the 2006 election be
appointed to fill the vacancy for the Office of Councillor; and
FURTHER THAT staff take the necessary steps to execute the
appointment in a timely manner; and
THAT an appointing by-law be enacted.
On a recorded vote the motion was CARRIED.
YEAS: 5 NAYS: 3
VOTING YEAS: Councillors Gaertner, Granger, MacEachern, Wilson and
Mayor Morris
VOTING NAYS: Councillors Buck, Collins-Mrakas and McRoberts
Minutes of Council Meeting No. 08-14 Page 8 of 10
Tuesday, May 13, 2008
9. Memorandum from the Town Clerk
Re: Vacancy of Councillor Office & Reconsideration of Motion
(Tabled by Councillor MacEachern)
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the memorandum from the Town Clerk regarding Vacancy of
Councillor Office & Reconsideration of Motion be received for information.
CARRIED
Councillor McRoberts, having previously declared an interest in item 11, did not take
part in the discussion of the vote called for in this regard.
11. E-mail from Director of Public Works
Re: Northeast Traffic Calming
(Tabled by Mayor Morris)
Moved by Councillor MacEachern Seconded by Councillor Buck
THAT the matter be referred to staff for a report which will outline the
components of the project that still need to be done, and to determine the
resulting impact of the traffic calming project, if any, and an explanation of
how to conduct the traffic flow analysis, taking into consideration that there
is outstanding work still to be completed.
CARRIED
13. Letter from M.P.P. Jaczek to the Minister of Energy
Re: Proposed Construction of 350 Megawatt Power Plant in Northern York
Region
(Tabled by Mayor Morris)
Moved by Councillor MacEachern Seconded by Councillor Wilson
THAT the letter from M.P.P. Jaczek to the Minister of Energy regarding
proposed construction of 350 megawatt power plant in northern York
Region be received for information.
CARRIED
14. Correspondence from Mr. Geoffrey Dawe
Re: Item 8 - CS08-020 – Vacancy Office of Councillor (ADDED ITEM)
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT the added item 14 be received for information.
CARRIED
15. Correspondence from Mr. John Gallo
Re: Item 8 - CS08-020 – Vacancy Office of Councillor (ADDED ITEM)
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT the added item 15 be received for information.
CARRIED
Minutes of Council Meeting No. 08-14 Page 9 of 10
Tuesday, May 13, 2008
XI REGIONAL REPORT
None
XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Councillor Gaertner advised that there will be a meeting of the Joint Council
Committee-Central York Fire Services, taking place on May 20, 2008, and at that
meeting they will be considering what to do with a surplus of funds. Councillor
Gaertner suggested that, with the absence of former Councillor Marsh who sat
on that Committee, another member of Council should attend to represent the
vacant seat.
Mayor Morris advised that Councillors Wilson and Buck, as well as the CAO, will
be in attendance at the above mentioned meeting, and that she will also be
attending, however, not in a voting capacity.
Councillor Granger advised that the Traffic Safety Advisory Committee currently
has a vacant seat where former Councillor Marsh sat, and he inquired as to the
process for moving forward with the meetings. The Clerk advised that the
Committee can continue to meet as long a quorum is achieved.
Councillor Wilson advised that York Region Police flags have been placed at the
desk of each Councillor to recognize “Police Week”, and he acknowledged the
hard work of each the officers of the York Region Police.
Mayor Morris advised that there have been public inquiries about the cost of
renovations within the budget and she requested that this information be
extracted from the budget and provided on the Town’s website.
Mayor Morris advised that she has issued a public 2008 personal report called
“What a Difference a Year Makes”. The Mayor advised that this report was
created and paid for independently, with the help of a friend, and she advised
that copies are available in the lobby of the Town Hall should anyone like to take
one.
Councillor MacEachern advised that the Leisure Services Department had been
directed to look at the Burnett lands to the north of the Stronach Aurora
Recreation Complex, with respect to planning future recreation lands. Councillor
MacEachern requested that staff provide an update on the status of the MI
Developments lands, which are currently being held in escrow. The CAO
advised that the matter has been delayed while Magna is acquiring a new
solicitor for this issue, and that an update will be provided to Council when new
information is available.
XIII READING OF BY-LAWS
Moved by Councillor Wilson Seconded by Councillor Gaertner
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
5026-08.F BEING A BY-LAW to set and levy the Rates of
Taxation for the year 2008.
5030-08.C BEING A BY-LAW to confirm actions by Council
resulting from the meeting of May 13, 2008.
CARRIED
Minutes of Council Meeting No. 08-14 Page 10 of 10
Tuesday, May 13, 2008
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT a by-law to appoint Mr. John Gallo to the Office of Councillor for the
Town of Aurora be added to this agenda.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT by-law 5031-08.C, being a by-law to Appoint Mr. John Gallo to fill
the Vacancy for the Office of Councillor, be given 1st, 2nd and 3rd
readings, and enacted:
On a recorded vote the motion CARRIED.
YEAS: 6 NAYS: 2
VOTING YEAS: Councillors Gaertner, Granger, MacEachern, McRoberts,
Wilson and Mayor Morris
VOTING NAYS: Councillors Buck and Collins-Mrakas
XIV CLOSED SESSION
Legal and Personal Matters
Moved by Councillor Wilson Seconded by Councillor Granger
THAT Council resolve into a Closed Session to consider legal matters
regarding Dical Properties, Aurora Recreation Complex, telephone logs
and land sale procedures and personal matters pertaining to e-mails
regarding identifiable individuals.
CARRIED
XV ADJOURNMENT
Moved by Councillor Buck
THAT the meeting be adjourned at 10:05 p.m.
CARRIED
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK