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MINUTES - Council - 20081125 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 08-30 Council Chambers Aurora Town Hall Tuesday, November 25, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (arrived at 6:45 p.m.), Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES Director of Corporate Services/Town Clerk, Director of Building, Director of Planning and Development, Director of Public Works, Director of Financial Services/Treasurer and Council/Committee Secretary. Mayor Morris called the meeting to order at 6:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Collins-Mrakas declared an interest in Item 5(1) - pertaining to the Stronach Aurora Recreation Centre due to her spouse’s business affiliation. II APPROVAL OF AGENDA Moved by Councillor Wilson Seconded by Councillor McRoberts THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  CLOSED SESSION - NEW ITEM Re: Advice that is subject to solicitor-client privilege involving an identifiable individual.  NEW ITEM 8 - BA08 -010 - Building Permit Fee - Aurora Sports Dome (New material resulting from General Committee meeting 08-38, November 18, 2008 - Item 8) CARRIED Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 2 of 11 III CLOSED SESSION Moved by Councillor Wilson Seconded by Councillor McRoberts THAT Council resolve into a Closed Session to consider the following matters: • Labour Relations matter regarding identifiable individuals • Advice that is subject to solicitor-client privilege involving an identifiable individual. (ADDED ITEM) CARRIED Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council re-convene into public session at 7:07 p.m. CARRIED IV OPEN FORUM Mr. James Wood addressed Council to advise of his concern regarding the recent revisions to the driveway at 32 and 34 Wellington Street. Mr. Wood advised that the garage and trees have been taken down and now the driveway is being used as a drive-through to get from Centre Street over to Victoria Street. Mr. Wood expressed concern that this is disruptive to traffic and could be dangerous. The Director of Planning and Development advised that staff are currently processing an application for that property and that it is currently undergoing a site plan review. The Director advised that the applicant is expanding the existing business on that site and will be reconfiguring the parking area as well as the access points, any such time the owner is putting up chains to deter through traffic. Mr. Don Zecchino addressed Council to express his opposition to the proposed $70 fee for participants in the Windrow Clearing Pilot Project. Mr. Zecchino suggested that there should be no fees charged for this service and that the Town should absorb all costs. V ADOPTION OF MINUTES Council Meeting Minutes of November 10, 2008 Meeting Number 08-29 Moved by Councillor Gallo Seconded by Councillor Granger THAT the Council Meeting Minutes from meeting 08-29 be revised by amending the “Declarations of Pecuniary Interest” section to read as follows: Councillor Collins-Mrakas declared an interest in items 7, 8(1), 8(4) and Closed session item 1 - pertaining to the Stronach Aurora Recreation Centre due to her spouse’s business affiliation. AND THAT the revised Council Meeting Minutes from meeting 08-29 be adopted as amended. CARRIED Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 3 of 11 VI PRESENTATIONS (a) Presentation of the Arts & Culture Awards Mayor Morris introduced Ms Shauna Tepperman representing her father, the late Mr. David Merkur of the Aurora Shopping Centre, who originally founded the Arts and Culture Fund in 1973. Ms Shauna Tepperman advised that when her father established this fund, which provides invaluable financial assistance to citizens or organizations in the Town of Aurora to promote and enrich cultural and artistic activities in the community, it was his wish to promote and showcase the importance of the arts within the framework of society. Ms Tepperman announced each of the recipients of this year’s Arts and Culture Awards and, upon receipt of their grants, they each provided a brief description of their programs and activities and what the grant will be used for. 1. Sarah Faulkner on behalf of the Aurora Historical Society (accompanied by Jennifer Steen) 2. Councillor Alison Collins-Mrakas on behalf of the Heritage Advisory Committee of Aurora 3. Members of Council on behalf of Doors Open Aurora 4. Ray Matsalla on behalf of the Aurora Garden & Horticultural Society 5. Ms Mary Louise Icely on behalf Mr Bill Van Oorschot on behalf of the Society of York Region Artists 6. Dierdre Tomlinson on behalf of the Aurora Writers Group 7. Sheila Ghazarian and Dorothy Clark-McClure on behalf of the Aurora Seniors’ Art Group 8. Susan Walmer on behalf of the Aurora Community Historical Heritage Fair 9. Marisa Schembri on behalf of the York Region Media Group Celebration of the Arts 10. Ralf Mundinger and band members on behalf of Mammoth Band 11. Alex Savides on behalf of Penny Sedore and the Dr. G.W. Williams Music Department 12. Rabbi Yosef Hecht on behalf of Chabad Lubavitch of Aurora Unable to attend: Janette Todd on behalf of the St. Andrews & Aurora Scottish Country Dancers Shawn Rochileau on behalf of the Dr. G.W. Williams “Theatre Williams” Flo Murray on behalf of Aurora’s Seniors Book Club Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 4 of 11 VII PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that a formal celebration took place at the Town Hall on Monday, November 24, 2008 in honour of the Town of Aurora being the proud recipient of the Prince of Wales Prize for Municipal Heritage Leadership for its preservation of built and natural heritage. Mayor Morris advised that among the honoured guests at this celebration were representatives from Heritage Canada who formally presented the award. Mayor Morris read a letter from His Majesty Prince Charles of Wales, and she displayed the Prince of Wales flag which was awarded to the Town of Aurora and advised that an honorary crest will be proudly displayed at the Town Hall. Mayor Morris advised that letters of congratulations were also sent in from the Honourable James M. Flaherty, Minister of Finance; Stephen Harper, Prime Minister of Canada; Dalton McGuinty, Premier of Ontario; Mr. Frank Klees, MPP for Aurora-Newmarket; Lois Brown, MP for Aurora-Newmarket; The Honourable Lincoln M. Alexander, Chair of the Ontario Heritage Trust and Bill Fisch, Regional Chair-Regional Municipality of York. The Mayor recognized the efforts of former Mayors Dick Illingworth, John West and Tim Jones, as well as staff, past and present who helped preserve and enhance the heritage of Aurora. The Mayor also thanked residents and heritage home owners who have taken the time to plaque their homes, as well as the many key residents who volunteer their time and are involved in the historical community and culture of this town. Councillor Gallo advised that the Wells Street Public School Forum will be taking place on December 3, 2008 at 7:00 p.m. and will be located at the Aurora High School. Councillor Granger advised that the Aurora Writers Group has released its second anthology of creative writing and that it can be purchased through the website at aurorawriters@gmail.com. Councillor Granger advised that the annual Optimists Book Sale will be taking place this weekend, November 29 and 30, 2008, at the Aurora Public Library. Councillor McRoberts advised that the organizers of the Salvation Army Christmas Kettle Drive are organizing their 2008 campaign and he encouraged anyone interested in volunteering their time, to please call Info Aurora at 905- 727-8214. Mayor Morris advised that, in preparation for the 2010 Vancouver Olympics, the ceremonial Olympic Torch Relay will be passing through Aurora on Friday, December 18, 2009. Mayor Morris also advised that she will be bringing a notice of motion, in the near future, about forming a Mayors’ Steering Committee to begin the process of planning for this event. The Town of Aurora has received the Aurora Chamber of Commerce Conservation and Sustainability Award among their Business Awards. VIII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(3), 1(7), 2, 5, 7 and 8 were identified for discussion. Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 5 of 11 IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Granger Seconded by Councillor Gaertner 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: 3. Memorandum from the Director of Financial Services Re: Investing in Ontario Act 2008 THAT the memorandum from the Director of Financial Services, regarding the Investing in Ontario Act 2008, be received for information. 4. Correspondence from the City of St. John’s, Newfoundland His Worship Mayor Dennis O’Keefe Re: Prince of Wales Prize for Municipal Heritage Leadership 2008 Awarded by the Heritage Canada Foundation THAT the correspondence from His Worship Mayor Dennis O’Keefe of The City of St. John’s, Newfoundland, be received for information. 6. Adoption of Recommendations from Closed Session Meeting November 18, 2008 THAT the recommendations from the Closed Session Meeting held on November 18, 2008 regarding the following matters be approved: 1. Labour Relations Matter - CAO Recruitment 2. Labour Relations Matter - Integrity Commissioner Appointment THAT the Town retain the services of David Nitkin as the Town’s Integrity Commissioner. CARRIED X DELEGATIONS a) Ms Melissa Spellen and Ms Ingrid LeClaire, Board Members - York Region Children’s Aid Society Re: Information about the York Region Children’s Aid Society Ms Melissa Spellen and Ms Ingrid LeClaire, volunteer Board Members for the York Region Children’s Aid Society, appeared before Council to provide an overview of the important work and services that the Children’s Aid Society provides for this community and the new strategies and approaches they are implementing to better address the needs of their clients, focussing primarily on the safety, happiness and well-being of the children in need of their services. Ms Spellen and Ms LeClaire advised of the importance of outreach in the community to educate people to recognize the signs of neglect and abuse, and to help identify situations which the Children’s Aid Society could assist with. Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 6 of 11 Moved by Councillor Buck Seconded by Councillor MacEachern THAT the comments of the delegates be received for information. CARRIED b) Ms Leslie Woo, General Manager, Transportation Policy and Planning, Metrolinx Re: Update on the Draft Regional Transportation Plan and Draft Investment Strategy Related to Item 2 - PW08-046 Ms Leslie Woo, General Manager of Transportation Policy and Planning for Metrolinx provided a thorough overview of the Regional Transportation Plan for the Greater Toronto and Hamilton Area which is entitled “The Big Move”. Ms Woo outlined the factors which have led to the need to develop a new and enhanced regional transportation plan and she reviewed the eight major moves which will be implemented over the first 15 years of this 25 year plan. Ms Woo reviewed the proposed cost structure and outlined the three step investment strategy which is being proposed. Ms Woo concluded by reviewing the next steps of the phasing in process and she advised that she would be able to answer questions of Council. Moved by Councillor Buck Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to item 2. CARRIED Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT item 2 be brought forward for consideration. CARRIED 2. PW08-046 – Metrolinx Update on Draft Regional Transportation Plan Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council receive report PW08-046 regarding the status of the Metrolinx Draft Regional Transportation Plan; and THAT Council receive staff comments of the Draft Regional Plan as submitted to Metrolinx on November 14, 2008. CARRIED Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 7 of 11 XI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes No. 08-38 Tuesday, November 18, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 08-38, TUESDAY, NOVEMBER 18, 2008 (7) PW08-047 – Implementation of a Snow Windrow Clearing Program for Seniors and Physically Challenged Residents Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the Town of Aurora provide the snow windrow clearing program at full cost recovery for $70 per household; and THAT Council direct staff to report back in the Spring of 2009 on the programs successes and challenges; and THAT, when the program is reviewed in the Spring of 2009, the options of outsourcing the entire program to an external contractor with no Town involvement, and delivering the program through a tendering process, be considered; and THAT staff be directed to review the 40 “hot spots” indentified; and THAT windrow clearing requests from residents be referred to Neighbourhood Network for volunteer services; and THAT local high school students be encouraged to fulfil their volunteer requirements through offering windrow clearing to seniors; and THAT the Director of Public Works send a letter to all local high school principals, requesting that a program be set up for students to offer windrow clearing in order to fulfill volunteer requirements. AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor Collins-Mrakas Seconded by Councillor Wilson THAT, when the program is reviewed in the Spring of 2009, the options of outsourcing the entire program to an external contractor with no Town involvement, delivering the program through a tendering process, and opportunities to deliver the program, at no cost to the recipients of the service, in future years be considered,; and CARRIED Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern THAT the following recommendation be deleted from the motion: “THAT windrow clearing requests from residents be referred to Neighbourhood Network for volunteer services; and” CARRIED On a recorded vote the main motion was CARRIED AS AMENDED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 8 of 11 (3) EAC08-09 – Environmental Advisory Committee Meeting Minutes November 6, 2008 Delegation (a) Mr. Vino Jeyapalan, CEO and Founder of the Youth Environmental Network of York Region – Ecological Action Conference Moved by Councillor MacEachern Seconded by Councillor Geartner THAT the matter pertaining to an Ecological Action Conference be referred to staff to work with the delegate to identify the issues and report back. CARRIED Moved by Councillor MacEachern Seconded by Councillor Geartner THAT the balance of the Environmental Advisory Committee Meeting minutes from the November 6, 2008 meeting be received and the recommendations contained therein be approved. CARRIED Moved by Councillor Gallo Seconded by Councillor MacEachern THAT the balance of the minutes of the General Committee Meeting No. 08-38 be received and the recommendations carried by the committee be approved. CARRIED Moved by Councillor Wilson Seconded by Councillor Gallo THAT added item 8 be brought forward for consideration. CARRIED 8. BA08-010 - Building Permit Fee - Aurora Sports Dome ADDED ITEM Moved by Councillor Wilson Seconded by Councillor MacEachern THAT report BA08-010 - Building Permit Fee - Aurora Sports Dome, be received for information; and THAT the funds for the building permit fee for the Aurora Sports Dome be made available as a grant and be taken from the Capital Reserve Fund. 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 Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 9 of 11 Councillor Collins-Mrakas, having previously declared an interest in item 5(1) did not take part in the discussion or the vote called for in this regard. 5. Adoption of Recommendations from Closed Session Meeting November 10, 2008 Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the recommendations from the Closed Session Meeting held on November 10, 2008 regarding the following matters be approved: 1. Property Matter – Stronach Aurora Recreation Centre Town – Bondfield - NORR Claim 2. Personal Matter – Appointment of Accessibility Committee Member THAT Mr. Tim Savage be appointed to fill the vacancy on the Accessibility Advisory Committee. 3. Legal Matter – Solicitor Opinion, Re: Code of Conduct 4. Legal Matter – Mediation Hearing, Re: Identifiable Individual 5. Labour Relations Matter – Re: Identifiable Individuals 6. Legal Matter – Bluegrass - Application for Judicial Review CARRIED 7. Memorandum from the Acting Town Solicitor Re: Refusal by a Member of Council to Sign the Code of Conduct Governing Council Members Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the memorandum be received for information. On a recorded vote the motion was CARRIED UNANIMOUSLY. YEAS: 9 NAYS: 0 VOTING YEAS: Councillors Buck, Gaertner, Gallo, MacEachern, McRoberts, Collins-Mrakas, Granger, Wilson and Mayor Morris VOTING NAYS: None XII REGIONAL REPORT Mayor Morris advised that there will soon be a new procedure for providing the Regional Report. Mayor Morris explained that, for the purpose of better information and communication, the Regional Report will be provided in advance as part of the agenda. Mayor Morris advised that this practice will allow staff and Council to review the Regional Highlights in advance and that they may raise any questions of comments at the meeting under this section. Mayor Morris further advised that the Region of York has appointed a new Deputy Clerk, Mr. Chris Rayner, and she extended her congratulations to him. Mayor Morris advised that the York Region United Way has exceeded their fundraising goal for this year. Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 10 of 11 Mayor Morris advised that the Region is the proud recipient of the Gold Sustainability Award, in our population bracket, at the 2008 National Awards for Liveable Communities. Mayor Morris advised that the Ontario Power Authority has released the remaining three possible locations under consideration for the proposed power generation station. Mayor Morris advised that the sites are located in the Town of East Gwillimbury, Township of King and the Town of Bradford West Gwillimbury and that the final location should be announced in December of 2008. The Mayor concluded her report by advising that the Minister of Energy and Infrastructure met with her and the rest of the Northern Six Municipal Mayors and she advised that the Town of Aurora’s position on power generation in York Region was presented and acknowledged by the Minister. XIII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner advised that the number of parking spaces at Thompson’s Funeral Home is insufficient and that, during large funerals, there are cars parked along Vandorf Sideroad. Councillor Gaertner expressed concern that residents attending a funeral are in danger of being ticketed, and she suggested that By- law staff refrain from issuing tickets in these cases and further, that warning signs or markers be put out during large funerals so that there are less chances of accidents resulting from the overflow of parking. Councillor Collins-Mrakas advised that the Provincial Government held public hearings on Bill 99 respecting the Lake Simcoe Protection Act on November 17, 2008 and November 19, 2008. Councillor Collins-Mrakas advised that, as former environmental consultant, she made a presentation at those hearings in her own capacity. Councillor Collins-Mrakas offered to provide the handouts of the proceedings to anyone who would like them. Mayor Morris advised that, in a recent publication of the Auroran, Mr. Dick Illingworth published a very informative column with respect to the history and process required for Aurora to address the need for an additional seat on Regional Council. She advised that she is considering following some of the strategies Mr. Illingworth suggested and she expressed her appreciation to him for the helpful information. XIV READING OF BY-LAWS Moved by Councillor Gaertner Seconded by Councillor Wilson THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5090-08.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (268 Kennedy Street West - File: D14-05-07) 5091-08.C BEING A BY-LAW to confirm actions by Council resulting from Council Meeting 08-30 on November 25, 2008. CARRIED Minutes of Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 11 of 11 III CLOSED SESSION - Continued Moved by Councillor Wilson Seconded by Councillor McRoberts THAT Council resolve into a Closed Session to consider the following matter: • Advice that is subject to solicitor-client privilege involving an identifiable individual. (ADDED ITEM) CARRIED XV ADJOURNMENT Moved by Councillor McRoberts THAT the meeting be adjourned at 10:15 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK