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MINUTES - Council - 20080923 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 08-25 Council Chambers Aurora Town Hall Tuesday, September 23, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Gallo, Granger, MacEachern (arrived at 8:00 p.m.), McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Manager of Operations Services, Director of Financial Services/Treasurer and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Wilson Seconded by Councillor Collins-Mrakas THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Additional Information relating to item 2 Memorandum from the Director of Planning and Development Re: September 16, 2008 General Committee Meeting Item #5 PL08-086 - Zoning By-law Amendment and Site Plan Applications ASL Properties Ltd., 16 Industrial Parkway South D14-14-07 and D11-10-08  New Item - 9 Correspondence from Mr. Prakash David of Smart Centres Re: PL08-038–Site Plan Application, Whitwell Developments Ltd. (Smart Centres Phase II) File D11-15-07  New Item - 10 (related to - Item 1(14)) Correspondence from Ms Elizabeth Crowe, Chair of the York Catholic District School Board Re: Request Waiving of Cash-in-Lieu of Parkland Dedication Fee Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 2 of 10  New Item - 11 Motion from Councillor Wilson Re: Variance reporting, specifically pertaining to quarterly reporting of operating reports, for third quarter and moving forward (Notice given at General Committee - September 16, 2008) CARRIED III OPEN FORUM No one spoke in open forum. IV ADOPTION OF MINUTES Council Minutes of September 9, 2008, Meeting Number 08-24 Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the Council Meeting Minutes from meeting 08-24 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Presentation to the Jaekel and English Families Re: Naming Rights for Parkettes In Support of Southlake Regional Health Centre Mayor Morris advised that, at a recent gala charity event for Southlake Regional Health Centre, the naming rights for two parkettes were auctioned off to the highest bidders. Mayor Morris advised that these two parkettes were graciously donated by Ballymore Homes and Brookvalley Homes and that the successful bidders were the Jaekel Family and the English Family. Mayor Morris presented a plaque of recognition to the two families and, on behalf of the Town of Aurora, thanked them for their extremely generous donations to the South Lake Regional Health Centre. VI PUBLIC SERVICE ANNOUNCEMENTS Councillor Collins-Mrakas advised that the Spin-a-thon fundraiser at Timberlane Athletics Club to support the Southlake Regional Cancer Centre has been postponed until January of 2009. Councillor Gaertner advised a photo/voice project entitled “Hidden in Plain Sight” will be on display at the Varley Art Gallery starting on October 3, 2008. Councillor Gaertner advised that this project is about living homeless in York Region. Councillor Gaertner advised that the Fire Station on Edward Street is inviting everyone to join them on October 4, 2008 for their open house from 10:00 a.m. to 3:00 p.m. as part of Fire Prevention Week. Councillor Gaertner advised that the Town is holding an event entitled the “Colours of Fall Concert” on Thursday, October 9, 2008 from 6:00 p.m. to 8:00 p.m. in the Town Park. Councillor Gaertner advised that there will be pumpkin carving and an old fashioned community corn-roast. Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 3 of 10 Councillor Granger advised that the Farmers Market will be holding its 2nd Annual Apple N’ Honey Festival, featuring an apple pie eating contest, apple pie and crumble baking contest, live music, art workshops for kids and much more. Councillor Granger invited everyone to come to the market at the Town Park on Saturday, September 27, 2008 from 8:00 a.m. to 1:00 p.m. Mayor Morris advised that a Graffiti Clean-up-Day will be held on Thursday, September 25, 2008, from 9:00 a.m. to 12:00 p.m. to encourage businesses and the community to work together to clean up and stamp out graffiti in Aurora. Mayor Morris advised that “Lighting up the Legion” took place on Friday, September 19, 2008 which was an evening filled with music, dancing and great food to raise funds to renovate and redecorate the Royal Canadian Legion Colonel Fred Tilson V.C Branch (Ont. No. 385) Aurora. Mayor Morris thanked the organizing committee and the volunteers and participants who made the event a success. Mayor Morris advised that the Town of Aurora has received national recognition from the Heritage Canada Foundation who has selected the Town of Aurora to receive the Prince of Wales Prize for demonstrating exemplary commitment to the preservation of its built heritage. Mayor Morris advised that she will be travelling to Quebec City to receive this award and bring it back to Aurora, following which there will be a formal celebration to recognize this great honour. Mayor Morris thanked the former and current planning staff and she specifically thanked Mr. Michael Seaman, former Aurora Heritage Planner, for all of the work he has done to help make Aurora worthy of this great tribute. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(5), 1(14), 2, 3, 4, 5, 6, 8, 9 and 10 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by Councillor Gallo 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: 7. FS08-044 – Space Planning Project THAT report FS08-044 be received; and THAT the purchase order for Mayhew and Associates be increased by $9,000 to include the cost of preparing CAD drawings of Town Hall; and THAT the money for the additional work come from the project budget. 11. Motion from Councillor Wilson Re: Variance reporting, specifically pertaining to quarterly reporting of operating reports, for third quarter and moving forward (Notice given at General Committee - September 16, 2008) (Added Item) THAT the Director of Finance/Treasurer be directed to develop a policy to address department budget deficits by providing department comments Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 4 of 10 explaining overages/shortages (actual vs./vs. approved budget) for each sub cost centre within the department budget, with the necessary actions to correct stated variance; and THAT these explanations be provided as an attachment to the quarterly summary of operating expense report to Council in a timely manner. CARRIED IX DELEGATIONS (a) Mr. Gary Templeton, Templeton Planning Ltd. Re: Item 2 - ASL Properties Ltd., 16 Industrial Parkway Mr. Gary Templeton of Templeton Planning Ltd., addressed Council to advise that the applicant fully supports the staff recommendation from report PL08-086 regarding Zoning By-law Amendment and Site Plan Applications for 16 Industrial Parkway South which was presented to General Committee on September 16, 2008. Mr. Templeton requested that the proposed recommendation in the staff memo be revised to change the words “geotechnical report” to “geo-environmental report” and he advised that the Soils Engineer, Dr. Bruce Brown, would be available to answer questions if needed. Moved by Councillor Buck Seconded by Councillor Granger THAT the comments of the delegate be received and referred to item 1(5) and item 2. CARRIED Moved by Councillor Granger Seconded by Councillor Buck THAT item 1(5) and item 2 be brought forward for discussion. CARRIED 2. Memorandum from Director of Planning and Development Re: ASL Properties Ltd., 16 Industrial Parkway; and 1. General Committee Meeting Report No. 08-30 Tuesday, September 16, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 08-30, TUESDAY, SEPTEMBER 16, 2008 (5) PL08-086 – Zoning By-law Amendment and Site Plan Application ASL Properties Ltd., Part of Lots 2 and 3 Registered Plan 535, 16 Industrial Parkway South Files D14-14-07 and D11-10-08 Moved by Councillor Granger Seconded by Councillor Buck THAT Implementing Zoning By-law 5066-08.D be enacted to rezone the subject lands from “Restricted Industrial (M1-A) Exception Zone” to “Restricted Industrial (M1-14) Exception Zone” to permit business and professional offices, excluding medical uses as an additional permitted use; and Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 5 of 10 THAT, subject to any issues or comments raised by Council, Site Plan Application D11-10-08 be approved to permit the construction of a two storey office building with an accessory parking structure; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Agreement; and THAT as a condition of the site plan agreement the Owner shall agree to submit a geo-environmental report at the excavation stage for review and approval by the Town of Aurora, which deals with existing subsurface conditions to the satisfaction of the Director of Building Administration and the Director of Public Works. CARRIED Councillor MacEachern arrived at 8:00 p.m. X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 10. Correspondence from Ms Elizabeth Crowe, Chair of the York Catholic District School Board Re: Request Waiving of Cash-in-Lieu of Parkland Dedication Fee (Added Item); and 1. General Committee Meeting Report No. 08-30 Tuesday, September 16, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 08-30, TUESDAY, SEPTEMBER 16, 2008 (14) ADM08-012 – York Catholic District School Board Request for Exemption to pay Cash-in-Lieu of Parkland St. Maximillian Kolbe Secondary School 278 Wellington Street East, File D11-18-07 Moved by Councillor Buck Seconded by Councillor Collins-Mrakas THAT the letter from the York Catholic District School Board be received; and THAT Council concur with the request to form a committee to formalize a relationship between the York Catholic District School Board and the Town of Aurora to best serve the needs of the residents of Aurora and students of the new school. On a recorded vote the motion was CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Buck, Collins-Mrakas, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillors Gaertner, Gallo, Granger and McRoberts Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 6 of 10 Moved by Councillor MacEachern Seconded by Councillor Granger THAT the request from York Catholic District School Board for an exemption to pay cash-in-lieu of parkland to the Town in the amount of $413,553.95 as required in accordance with the Site Plan Agreement, respecting the construction of a secondary school be denied; and THAT the York Catholic District School Board be required to pay the prescribed cash-in-lieu of parkland to the Town prior to the issuance of the building permit in accordance with the Town’s By-law 4291-01.F respecting Parkland Dedication/Cash-in-lieu of Parkland Dedication. On a recorded vote the motion was CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Moved by Councillor Wilson Seconded by Councillor Gallo THAT the balance of the report of the General Committee Meeting No. 08- 30 be received and the recommendations carried by the committee be approved. CARRIED 3. LS08-044 – Roof Installation for Church Street School Cultural Centre Moved by Councillor Wilson Seconded by Councillor Gallo THAT report FS08-043 be deferred to the next General Committee Meeting. DEFEATED Moved by Councillor Gaertner Seconded by Councillor Wilson THAT Council receive this report as information regarding the method for replacing the asphalt shingle roof at 22 Church Street. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gallo THAT added item 9 be brought forward for discussion. CARRIED Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 7 of 10 9. Correspondence from Mr. Prakash David of Smart Centres Re: PL08-038–Site Plan Application, Whitwell Developments Ltd. (Smart Centres Phase II) File D11-15-07 (Added Item) Moved by Councillor Wilson Seconded by Councillor Buck THAT the request from Smart Centres be supported; and THAT the Mayor and Clerk be authorized to sign the site plan agreement when it is ready. On a recorded vote the motion was CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillors Gallo and Granger 4. FS08-043 – Church Street School Cultural Centre Capital Project Update Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT report FS08-043 be received; and THAT the Director of Leisure Services advise Council where in the Church Street School Cultural Centre they can reduce the project by $37,500 to cover the deficit. CARRIED 5. Adoption of Recommendations from Closed Session Meeting September 16, 2008 Moved by Councillor Buck Seconded by Councillor McRoberts THAT the recommendations from the Closed Session Meeting held on September 16, 2008 regarding the following matters be approved: Property Matter – Stronach Aurora Recreation Centre Payment of Bulkhead Repairs Property Matter – Stronach Aurora Recreation Centre Delay Claim Support Services Property Matter – Sale of Unopened Road Allowance – Park Street Labour Relations Matter – Update on the Director of Corporate Services Recruitment CARRIED Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 8 of 10 6. Correspondence from Stantec Consulting Ltd. Re: Northland Power Inc. - Proposed Town of Aurora Peaking Generation Station - Notice of Second Public Information Session Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT the correspondence from Stantec Consulting Ltd. regarding Northland Power’s proposed Town of Aurora peaking generation station - notice of second public information session on October 6, 2008 - be received for information. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT staff be requested to bring back a report outlining any options regarding the public planning process that Council may consider regarding the processing of applications. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT staff include within the report options for deferring the applications until after the Ontario Power Authority’s cut-off date of October 30, 2008. On a recorded vote the motion was CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Gallo, Granger, Gaertner, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillors Buck and Collins-Mrakas 8. CS08-036 – Code of Conduct for Members of Council, Advisory Committees and Sub-Committees - Update Moved by Councillor MacEachern Seconded by Councillor Granger THAT report CS08-036 be received for information; and THAT the Aurora Public Library Board be requested to prepare a Code of Conduct for the members of the Aurora Public Library Board; and THAT staff develop a Code of Conduct for Members of the Committee of Adjustment to ensure compliance with the necessary requirements of the Planning Act. CARRIED Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 9 of 10 Moved by Councillor MacEachern Seconded by Councillor Granger THAT those who have not submitted a signed copy of the Code of Conduct for the Members of the Advisory Committees, be provided one last opportunity to submit the required documentation by October 14, 2008. CARRIED XI REGIONAL REPORT Mayor Morris advised that the Region is preparing a report pertaining to the full enclosure of all backyard pools, which may result in the requirement that all sides of any backyard pool are fenced. Mayor Morris advised that the Region of York received $375,000 in provincial funding which is being put toward additional dedicated emergency nursing staff. Mayor Morris advised that the Region is holding 5 public open houses regarding preferred growth scenarios pertaining to the Region’s growth plan. Mayor Morris advised that the Region will be preparing an update report regarding the sites for the proposed generation stations, which will be brought to a future Regional Planning and Development meeting. XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Granger requested an update on the status of the selection of an Integrity Commissioner. The Clerk advised that the deadline for applications is the end of September and once all applications are submitted they will be provided to Council for review. Councillor Buck inquired about the status of a facility which was formerly inhabited by an organization called the Mortgage Sisters, and now has new tenants. The Clerk advised that this will be looked into and that staff will prepare a follow-up memo for the Mayor and Councillors. Mayor Morris provided a chart of external legal costs incurred by the Town of Aurora over the past 8 years to clarify any public misconception of the current figures in relation to past terms of Council. Mayor Morris advised that the chart would be available on the Town’s website. XIII READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5066-08.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 80, Concession 1 EYS, File: D14- 14-07) (ASL Properties Ltd.) 5067-08.P BEING A BY-LAW to amend By-law No. 4898-07.P respecting permanent signs within the Town of Aurora. Minutes of Council Meeting No. 08-25 Tuesday, September 23, 2008 Page 10 of 10 5072-08.D BEING A BY-LAW to establish highways on Plans 65M-3979 and 65M-4075 (St. John’s Road Development Corp.) 5073-08.H BEING A BY-LAW to appoint a Deputy Fire Chief for the Amalgamated Fire and Emergency Services Department. (Robert Comeau) 5074-08.D BEING A BY-LAW to establish highways on Plans 65M-4037 (Mattamy (Aurora) Limited) 5075-08.C BEING A BY-LAW to confirm actions by Council resulting from meeting 08-25 on September 23, 2008. CARRIED XIV CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council resolve into a Closed Session to consider the following: Labour Relations Matter – Recruitment Process of new CAO Labour Relations Matter – Recruitment Process of new Town Solicitor Property Matter – Disposition of Unopened Road Allowance, Park Street Property Matter – Town Owned Leslie Street Lands Property Matter – Stronach Aurora Recreation Centre Payment of Bulkhead Repairs Property Matter – Memo from Councillor Collins-Mrakas Re: Stronach Aurora Recreation Centre Payment of Bulkhead Repairs CARRIED XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 10:35 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK