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MINUTES - Council - 20080909 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 08-24 Council Chambers Aurora Town Hall Tuesday, September 9, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (left at 10:15 p.m.), Collins-Mrakas (left at 10:15 p.m.), Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES 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, 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 Gallo Seconded by Councillor Granger THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  New Item 6 - Memorandum from Director of Financial Services Re: 2009 Budget Timetable & 2009 Capital Priority Setting Matrix  New Item 7 - Memorandum from the Manager of Administration Re: Request to Waive Permit Fee for the Use of Shelter Behind Regency Acres Public School  New Item 8 - Correspondence from Mayor Robert Grossi of Georgina Re: Invitation to the Mayor’s Forum - September 17, 2008  New Item 9 - Correspondence from the Ontario Power Authority (OPA) Re: Appointing a Designate for Aurora to the Municipal Energy Conservation Officer (MECO) Working Program  New By-law 5071-08.H - to amend By-law 5019-08.H to appoint Building Inspectors; and THAT By-law 5068-08.H be moved to the Closed Session Agenda for discussion. CARRIED Minutes of Council Meeting No. 08-24 Page 2 of 12 Tuesday, September 9, 2008 III OPEN FORUM Mr. Robert Ryan, President of the Board of Directors for the Mosaics Condominium Community, addressed Council in support of the decision at the General Committee meeting of September 2, 2008, to approve staff recommendations in report PW08-034 regarding a Parking Lot Lighting Agreement between the Mosaics Condominium and Canadian Tire Corporation. Ms Sher St. Kitts advised of an event entitled “Lighting up the Legion”, taking place on Friday, September 19, 2008 beginning at 6:00 p.m. at a cost of $55 per ticket or $45 for legion members. Ms St. Kitts advised that this evening consisting of food music and dancing will raise funds and awareness for the “Operation Renovation” an initiative to update and redecorate the Royal Canadian Legion Colonel Fred Tilson V.C Branch (Ont. No. 385) Aurora to better serve the community. V PRESENTATIONS Mayor Morris advised that the Association of Municipalities of Ontario (AMO) has presented the Peter J. Marshall Certificate of Merit Award for excellence and innovation to the Northern 6 Municipalities, including the Town of Aurora, in recognition of the implementation of the new waste management strategy, the Green Bin Program. Mayor Morris congratulated the Director of Public Works and all staff and participants who collaborated on initiating, promoting and maintaining this program which is expected to save $11 million over the next ten years. VI PUBLIC SERVICE ANNOUNCEMENTS Councillor McRoberts extended thanks and congratulations, on behalf of the Mayor and members of Council, to the two Aurora Citizens who represented Canada in the 2008 Beijing Olympics. Councillor McRoberts recognized Ms Nicole Forrester who competed in the women’s high-jump event and Mr. Stephen Jorens, who competed in the K2 -1,000 m kayak event. Councillor McRoberts advised of an event taking place on September 10, 2008 at the Seniors’ Centre entitled “A Celebration of Culture” which offers fine foods from around the world as well as cultural activities and entertainment, running from 11:00 a.m. until 3:00 p.m. at a cost of $8 for a passport and $1 per food sample provided by various local ethnic gourmet restaurants. Councillor Wilson advised that York Central Fire Services Deputy Chief Ken Bone retired from service this past August, and that the Fire Department has appointed Mr. Robert Comeau as the new Deputy Fire Chief. Councillor Wilson extended his congratulations to Deputy Chief Comeau. Councillor Granger announced that the Farmers Market will be featuring the second annual “Apple & Honey Festival” on Saturday September 27, 2008 from 8:00 a.m. to 1:00 p.m., featuring exciting events like the charity pie eating contest, which will necessitate a $3 donation per participant toward Welcoming Arms in Aurora. Councillor Granger advised that there will also be live music and an apple pie and apple crumble competition and he invited all bakers in town to step up and enter their creations. Councillor Collins-Mrakas advised that a Spin-a-thon fundraiser will be going around the clock from 9:00 p.m. to 9:00 a.m. on Friday September 26, at Timberlane Athletics Club to support the Southlake Regional Cancer Centre. Councillor Collins-Mrakas suggested that interested spinners may contact her at the Aurora Town Hall 727-3123 Ext. 4268. Minutes of Council Meeting No. 08-24 Page 3 of 12 Tuesday, September 9, 2008 Councillor Buck extended her congratulations to the staff members who were instrumental in the implementation of the new waste management strategy, the Green Bin Program, which received the Peter J. Marshall Certificate of Merit Award for excellence and innovation from the Association of Municipalities of Ontario (AMO), and she recognized former CAO, John Rogers and former Director of Public Works, Wayne Jackson who were integral in the establishment of this initiative. Mayor Morris advised that Aurora Rib-Fest took place over the weekend of September 5 to 7, 2008. Mayor Morris congratulated Shelley Ware, Special Events Co-ordinator and staff, as well as the Rotary Club, who made this event a terrific success. Mayor Morris also advised that the Mayors’ Blood Clinic will be taking place at the Town Hall on Friday September 12, 2008 from 11:30 a.m. to 2:30 p.m., and suggested that anyone interested in donating may call Canadian Blood Services at 1-888-2-DONATE. Mayor Morris advised that Lieutenant Colonel Andre Zdunich will be taking over command of the Armouries for former Lieutenant Colonel Bruce McCullough of the Queens York Rangers of Aurora, and she extended her congratulations to Lieutenant Colonel Zdunich. Mayor Morris advised that the Magna Wild West Hoedown will be taking place on Saturday, September 13, 2008. Mayor Morris extended her congratulations to the Director of Leisure Services, Al Downey and Special Events Co-ordinator, Shelley Ware and all staff involved, for the tremendous success of the Concerts in the Park this year. IV ADOPTION OF MINUTES Council Minutes of August 12, 2008, Meeting Number 08-22 Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the Council Meeting Minutes from meeting 08-22 be adopted as printed and circulated. CARRIED VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(8), 3, 4, 7, 8 and 9 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by Councillor Granger 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. 08-24 Page 4 of 12 Tuesday, September 9, 2008 2. Correspondence from Mayor Phyllis Morris Re: The Association of Municipalities of Ontario (AMO), P.J. Marshall Certificate of Merit Award THAT correspondence be received for information. 5. Reporting out from Closed Session Agenda THAT Council provide direction resulting from Closed Session. 6. Memorandum from Director of Financial Services Re: 2009 Budget Timetable & 2009 Capital Priority Setting Matrix THAT Memorandum from Director of Financial Services regarding 2009 Budget Timetable & 2009 Capital Priority Setting Matrix be received for information. CARRIED IX DELEGATIONS a) Ms Moragh Wolfe, Executive Director, Big Brothers and Sisters of York Re: Proclamation of September 2008 as “Big Brother Big Sister Month” Ms Moragh Wolfe of the Big Brothers and Sisters of York Region addressed Council to express her appreciation on behalf of Big Brothers and Sisters of York Region for proclaiming the month of September as “Big Brothers and Sisters Month” and she provided an overview of the tremendous work that is being done in the community and the positive impact that this program has on the lives of its participants. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received and endorsed. CARRIED b) Mr. John Waller, Director, Long Range and Strategic Planning Branch, Region of York Re: York Region’s “Planning for Tomorrow” Growth Management Initiative (20 minute presentation) Mr. John Waller of the Region of York provided a thorough summary of York Region’s “Planning for Tomorrow” growth management initiative entitled “Towards a Sustainable Region”. Mr. Waller explained that studies have revealed that York Region will experience significant growth over the next ten years and to address this he advised that sustainable intensification is a key factor, which will create the need to establish new communities in whitebelt areas of York Region while maintaining a linked natural heritage system. Mr. Waller advised that the Region has designed a sustainable approach which should address the growth issue and maintain a well managed environment, economy and the responsible delivery of human services. Mr. Waller advised that public input is being sought through open houses and public meetings around York Region, and upon the conclusion of this process a Regional Official Plan Update will be presented to Council in the Fall of 2008. Minutes of Council Meeting No. 08-24 Page 5 of 12 Tuesday, September 9, 2008 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the comments of the delegate be received for information. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report No. 08-29 Tuesday, September 2, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 08-29, TUESDAY, SEPTEMBER 2, 2008 (8) PW08-034 – Parking Lot Lighting – Mosaics Condominium and Canadian Tire Corporation Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council approve the recommendation to accept the maintenance and operating costs for three (3) street lights in the Canadian Tire parking lot to service residents of the Mosaics Community – York Region Condominium Corporation No. 920; and THAT Council direct staff to develop an agreement with Canadian Tire Corporation to acknowledge the transfer of responsibility; and THAT works not proceed until an agreement has been finalized. On a recorded vote the motion was CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Gaertner, Gallo, Granger, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillors Buck, Collins-Mrakas and McRoberts Moved by Councillor Gallo Seconded by Councillor McRoberts THAT the balance of report of the General Committee Meeting No. 08-29 be received and the recommendations carried by the Committee be approved. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT added item 8 be brought forward for consideration at this time. CARRIED Minutes of Council Meeting No. 08-24 Page 6 of 12 Tuesday, September 9, 2008 8. Correspondence from Mayor Robert Grossi of Georgina Re: Invitation to the Mayor’s Forum - September 17, 2008 (ADDED ITEM) Moved by Councillor MacEachern Seconded by Councillor Granger THAT the correspondence from Mayor Grossi of the City of Georgina, regarding the Mayor’s Forum, be received for information. CARRIED 3. Memorandum from Councillor MacEachern Re: September 2008, Canada Day Parade Sub-Committee Appointments Moved by Councillor MacEachern Seconded by Councillor Buck THAT Council endorse the appointment of the five individuals listed below to serve on the 2009 Canada Day Parade Sub-Committee: Sher St. Kitts Merilyn McCart Sandra Humfreys Frank Mete Carolyn Barclay AND FURTHER THAT staff be directed to advertise in the Notice Board up until October 7, 2008, for additional members to serve on the Canada Day Parade Sub-Committee with the goal of increasing the committee membership. CARRIED 4. Recommendation from Closed Session September 2, 2008 Re: Personal Matter - Appointments to Committees Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Councillor Al Wilson be appointed to the Aurora Public Library Board; and THAT Councillor John Gallo be appointed to the Joint Council Committee (Central York Fire Services) & the Traffic Safety Advisory Committee; and THAT Council accept the resignation of Councillor Granger from the Economic Development Advisory Committee; and THAT Councillor Evelina MacEachern be appointed to the Economic Development Advisory Committee; and THAT the Terms of Reference for the Environmental Advisory Committee be amended to appoint a third member of Council, and that Councillor John Gallo be appointed accordingly. CARRIED Minutes of Council Meeting No. 08-24 Page 7 of 12 Tuesday, September 9, 2008 7. Memorandum from the Manager of Administration Re: Request to Waive Permit Fee for the Use of Shelter Behind Regency Acres Public School (ADDED ITEM) Moved by Councillor MacEachern Seconded by Councillor Granger THAT the correspondence be referred to the Director of Leisure Services; and THAT the same process and principles be applied that were followed for “Relay for Life”. CARRIED 9. Correspondence from the Ontario Power Authority (OPA) Re: Appointing a Designate for Aurora to the Municipal Energy Conservation Officer (MECO) Working Program (ADDED ITEM) Moved by Councillor Granger Seconded by Councillor MacEachern THAT the correspondence from the Ontario Power Authority (OPA), regarding appointing a Designate for Aurora to the Municipal Energy Conservation Officer (MECO) Working Program be referred to the Environmental Advisory Committee. 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. XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gallo inquired about the proposed infrastructure intensification and what effect that will have on the supply of water in Aurora. The Director of Public Works responded that the supply of water is not an immediate concern, however the careful management of the available water supply is important. Councillor Collins-Mrakas gave Notice of Motion regarding an education session regarding the Code of Conduct. Councillor Collins-Mrakas gave Notice of Motion regarding, subject to permissibility under relevant and applicable legislation, that all future closed session proceedings of Council be audio recorded. Councillor Collins-Mrakas gave Notice of Motion regarding provision for community gardens in future subdivision and or site plan agreements. Councillor Collins-Mrakas advised of an ongoing medical condition which requires her to leave the meeting to receive medication. Councillor Granger advised of a recent article in the local newspaper regarding tax increases and he reiterated Council’s position in opposition of the proposed Regional increase of 3% for a hospital levy. Minutes of Council Meeting No. 08-24 Page 8 of 12 Tuesday, September 9, 2008 Mayor Morris requested that staff ensure full adherence to Council‘s direction to close Yonge Street on November 11, 2008, to allow for Remembrance Day Ceremonies to take place. The Mayor also encouraged the support of all citizens to participate in the 2008 poppy campaign. Councillor Gaertner requested an update on the re-locating of soil from the current Community Gardens to the new site. The Director of Leisure Services advised that staff are awaiting confirmation from Miller Waste as to whether they will be moving it or not. Councillor Gaertner requested an update regarding an old oak tree. The Director of Leisure Services advised that the tree in question resides on private property and that staff only provide maintenance for trees on public, Town owned property. The Director further advised that every effort is being made to contact the land owner(s) to encourage them to take measures to preserve the tree. Mayor Morris advised of a letter from Mr. Stan Armstrong, CAO for the Town of Georgina regarding a Mayor’s Forum. Mayor Morris read the letter and advised that Aurora is being represented by Ms Susan Walmer. Councillor McRoberts advised that the oak tree mentioned earlier has received an historical designation. XIII READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5070-08.H BEING A BY-LAW to appoint an Acting Chief Administrative Officer for the Corporation of the Town of Aurora. (Bob Panizza) 5071-08.H BEING A BY-LAW to amend By-law 5019-08.H to appoint Building Inspectors. (Added item) CARRIED XIV CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council recess into a Closed Session to consider the following items: 1- Legal Matter - Reporting out from Closed Session 2- Legal Matter – Legal Opinion regarding Stronach Aurora Recreation Centre 3 - Legal Matter – Bondfield, Aurora et al 4 - Personal/Legal Matter – Marketing Division former staff member 5 - Property Matter – Inquiry regarding Town Land 6 - Memo from Councillor Collins-Mrakas regarding Bulkhead Repairs payment Authorization and Mayor’s response Minutes of Council Meeting No. 08-24 Page 9 of 12 Tuesday, September 9, 2008 7 - Labour Relations Matter – Administrative Procedure No. 13 Excess Hours and Overtime 8 - Property Matter – Recommendation from Trails Subcommittee CARRIED Council recessed at 10:15 p.m. Councillor Buck left the meeting 10:15 p.m. Councillor Collins-Mrakas Left the meeting at 10:15 p.m. Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council reconvene from Closed Session at 11:55 p.m. CARRIED Council reconvened at 11:55 p.m. Resolution Resulting from Closed Session - Legal Matter – Reporting out of Closed Session Meetings Moved by Councillor Wilson Seconded by Councillor Gallo THAT the Director of Corporate Services report out to Council the detail titles of the items that were discussed following each Closed Session meeting. CARRIED Resolution Resulting from Closed Session - Adoption of Recommendations from Closed Session Meeting July 22, 2008 Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the recommendations from the Closed Session Meeting held on July 22, 2008 regarding the following matters be approved: Legal Matter – Stronach Aurora Recreation Centre  Bondfield, Town of Aurora et al  Authorization of payment for bulkhead repairs Legal Matter – Tax Registration of Properties Legal Matter – Dical Property Personal Matter – Correspondence from Special Events Committee Personal Matter – Staff for Aurora Heritage Centre Personal Matter – Staff modification Planning Department Legal Matter – Disposition of Unopened Park Street Property Matter – Leslie Street Lands Legal Matter – Legal Opinion from J. Murray Davidson of PMLaw CARRIED Minutes of Council Meeting No. 08-24 Page 10 of 12 Tuesday, September 9, 2008 Resolution Resulting from Closed Session - Adoption of Recommendations from Closed Session Meeting August 12, 2008 Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the recommendations from the Closed Session Meeting held on August 12, 2008 regarding the following matters be approved: Legal Matter – Legal Opinion from Gowlings LLP • Bondfield , Town of Aurora et al Legal/Personal Matter – Legal Opinion from Aird & Berlis LLP • Authorization for payment of bulkhead repairs Personal Matter – Building Department Sick Leave Policy CARRIED Resolution Resulting from Closed Session - Adoption of Recommendations from Closed Session Meeting September 2, 2008 Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the recommendations from the Closed Session Meeting held on September 2, 2008 regarding the following matters be approved: Personal Matter – Appointments to Committees Labour Relations Matter – Recruitment of a Town Solicitor Personal/Legal Matter – Personal Matter regarding former CAO Labour Relations Matter – Recruitment of a new CAO Personal/Legal Matter – Human Resources Dept. Staff CARRIED Resolution Resulting from Closed Session - Legal Matter – Legal Opinion regarding the Stronach Aurora Recreation Centre. Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council confirms the retention of Gowlings LLP to represent the Town in the claims related to the Stronach Aurora Recreation Centre namely: Bondfield v Aurora - Feb. 21/08 Aurora v Bondfield - April 15/08 Aurora v Zurich - July 3/08 CARRIED Minutes of Council Meeting No. 08-24 Page 11 of 12 Tuesday, September 9, 2008 Resolution Resulting from Closed Session - Property Matter – Inquiry Regarding Town Land Moved by Councillor Granger Seconded by Councillor MacEachern THAT the request to sell a portion of Town owned open space land not be approved. CARRIED Moved by Councillor Wilson Seconded by Councillor Gallo THAT Council recess into a Closed Session. CARRIED Council recessed at 12:00 a.m. Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT Council reconvene from Closed Session at 12:02 a.m. CARRIED Council reconvened at 12:02 a.m. XIII READING OF BY-LAWS Moved by Councillor Granger Seconded by Councillor Gallo THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5068-08.H BEING A BY-LAW to appoint a Deputy Clerk for the Corporation of the Town of Aurora. (Karen Ewart and Cindy Janzen) CARRIED Moved by Councillor Gallo Seconded by Councillor Wilson THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5069-08.C BEING A BY-LAW to confirm actions by Council resulting from the Council meeting of September 9, 2008. CARRIED Minutes of Council Meeting No. 08-24 Page 12 of 12 Tuesday, September 9, 2008 XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 12:04 a.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK