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MINUTES - Council - 20090324 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-07 Council Chambers Aurora Town Hall Tuesday, March 24, 2009 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Manager of Legislative Services/Deputy Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor and Council/Committee Secretary. Mayor Morris called the meeting to order at 6:00 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 Gaertner THAT the agenda as circulated by the Corporate Services Department, with the addition of the following item, be approved:  New Closed Session item regarding a personal matter about an identifiable individual, including municipal or local board employees. CARRIED III CLOSED SESSION – LEKSAND ROOM Moved by Councillor Gaertner Seconded by Councillor McRoberts THAT Council resolve into a Closed Session in the Leksand Room to consider: Personal matters about an identifiable individual, including municipal or local board employees; and Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. CARRIED Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 2 of 10 IV OPEN FORUM No one spoke at Open Forum. V ADOPTION OF MINUTES Council Minutes of February 24, 2009, Meeting Number 09-04 Special Council - Public Planning Minutes of February 25, 2009, Meeting Number 09-05 Special Council Minutes of March 3, 2009, Meeting Number 09-06 Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern THAT the Council minutes of February 24, 2009, meeting number 09-04, the Special Council - Public Planning minutes of February 25, 2009 number 09-05 and the Special Council minutes of March 3, 2009, meeting number 09-06 be adopted as printed and circulated. CARRIED VI PRESENTATIONS None VII PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that the Lion’s Club will be holding its annual Pancake Breakfast at the Sheppard’s Bush Conservation Area, on the weekends of March 21, 22, 2009 and March 28, 29, 2009, from 9:00 am to 3:00 p.m. each day. Mayor Morris advised that Lake Simcoe Region Conservation Authority will be holding Maple Syrup Tours on the weekends of March 21, 22, 2009 and March 28, 29, 2009, at 10:00 a.m., 12:00 p.m. and 2:00 p.m. each day at the Sheppard’s Bush Conservation Area. Mayor Morris advised that there will be a fundraising event for the Canada Day Parade, entitled We’re Canadian Ay?, on March 27, 2009 at 6:30 p.m. at the Royal Canadian Legion at 105 Industrial Parkway North. Mayor Morris advised that Earth Hour will be taking place on March 28, 2009 between 8:30 p.m. and 9:30 p.m. and she encouraged all residents to participate in this environmental initiative by turning off lights and any unnecessary source of energy consumption during that hour. Councillor Granger advised that the Farmers’ Market is returning this year and the organizers are currently looking for more vendors. Councillor Granger encouraged interested parties to visit the website at www.e- aurora.ca/farmersmarket. Mayor Morris advised that the Public Works Department will be holding several public open houses regarding Environmental Initiatives starting in April, as part of its 2009 Business Plan. Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 3 of 10 Dynamite Weekend Wishes was a fundraising event held on February 21, 2009, in the Bigwin Drive community, featuring a Giant Snow Dinosaur which was erected to help raise over $3,000 for the Children’s Wish Foundation. Mayor Morris extended thanks on behalf of that event to Mr. Stu Curtis of the Public Works Department, Ms Michelle Outar, Communications Specialist and the Parks and Recreation and Leisure Services Departments for all of their help and support. Mayor Morris congratulated the Aurora Tigers, Atom Division Team, for winning the Ontario Minor Hockey Association Championships with 15 wins and no losses. Mayor Morris introduced Mr. Christopher Cooper, the newly appointed Town Solicitor, and welcomed Mr. Cooper to his first meeting of Council. VIII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5, 6, 7, 9, 10, 13 and 14 were identified for discussion. IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Gaertner 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: 1. Special General Committee Budget Meeting Report No. 09-08 Saturday, February 21, 2009 THAT the report of the Special General Committee Budget Meeting No. 09-08 be received and referred to the final approval of the 2009 Operating and Capital Budget. 2. Special General Committee Budget Meeting Report No. 09-09 Monday, February 23, 2009 THAT the report of the Special General Committee Budget Meeting No. 09-09 be received and referred to the final approval of the 2009 Operating and Capital Budget. 3. Special General Committee Budget Meeting Report No. 09-10 Monday, March 2, 2009 THAT the report of the Special General Committee Budget Meeting No. 09-10 be received and referred to the final approval of the 2009 Operating and Capital Budget. Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 4 of 10 4. Special General Committee Budget Meeting Report No. 09-11 Tuesday, March 3, 2009 THAT the report of the Special General Committee Budget Meeting No. 09-11 be received and referred to the final approval of the 2009 Operating and Capital Budget. 8. Memorandum from Mayor Phyllis Morris Re: Clarification Regarding Aurora Community Centre #2, Safety Concerns over Surface Rust on Girders THAT the memorandum from Mayor Phyllis Morris, pertaining to clarification regarding Aurora Community Centre #2 safety concerns over surface rust on girders, be received for information. 11. Memorandum from the Director of Corporate Services Re: Procedural Error - Closed Session Meeting March 10, 2009 THAT the memorandum from the Director of Corporate Services be received for information. 12. Adoption of Recommendations from Closed Session Meeting February 17, 2009 THAT the recommendation from the Closed Session Meeting held on February 17, 2009 regarding the following matter be approved: 1. Personal Matter about an identifiable individual – Town Solicitor Recruitment Adoption of Recommendations from Closed Session Meeting February 24, 2009 THAT the recommendation from the Closed Session Meeting held on February 24, 2009 regarding the following matter be approved: 1. Proposed or pending acquisition or disposition of land for municipal or local board CARRIED X DELEGATIONS a) Mr. Steve Hinder, Co-Chair of 2009 Hartwell Challenge Re: 2009 Hartwell Challenge Related to Item 7 - (General Committee Meeting 09-12, Item 18) Mr. Steve Hinder, Co-Chair of the Hartwell Challenge and Ms Sarah Sterling, Run Co-ordinator, addressed Council to advise of the details and goals associated with this year’s Challenge, which will be taking a new route via Bathurst Street. Mr. Hinder invited members of Council and Town staff to strike up a team or teams and participate in this worthwhile event. Mr. Hinder advised that the focus of the fundraising endeavours will be directed to the South Lake Regional Health Centre. Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 5 of 10 Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the delegation be received for information. CARRIED b) Professor Robert MacDermid Re: Item 9 - Ajax Council Resolution – Authority to Prohibit Corporate and Trade Union Contributions to Municipal Election Campaigns Professor Robert MacDermid addressed Council to express his support for the recommendation in item 9 - Ajax Council Resolution – Authority to Prohibit Corporate and Trade Union Contributions to Municipal Election Campaigns, and provided several reasons to back up his support, resulting from his research report entitled “Funding City Politics”. Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the delegation be received and referred to item 9. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT item 9 be brought forward for consideration. CARRIED 9. Memorandum from Mayor Phyllis Morris Re: Ajax Council Resolution – Authority to Prohibit Corporate and Trade Union Contributions to Municipal Election Campaigns Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the memorandum from Mayor Phyllis Morris be deferred to a future General Committee meeting; and THAT it be accompanied by the full report from Professor Robert MacDermid, entitled “Funding City Politics” along with the related motions from the Town of Ajax and the Town of Pickering for consideration. CARRIED UNANIMOUSLY c) L. Douglas Hubley, Interim Chair and Dr. Leslie Oliver, Interim Member of the Church Street Cultural Centre Board Re: Item 14 - FS09-014 - Church St. School Cultural Services Agreement Mr. Douglas Hubley and Dr. Leslie Oliver addressed Council to express their support in favour of the approval of item 14 - FS09-014 - Church St. School Cultural Services Agreement, and to express thanks to staff, volunteers and the committee for all of the hard work and time that went into the creation of the Church Street School Cultural Centre. Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 6 of 10 Moved by Councillor Gaertner Seconded by Councillor Granger THAT the comment of the delegation be received and referred to item 14. CARRIED Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT item 14 be brought forward for consideration. CARRIED 14. FS09-014 - Church St. School Cultural Services Agreement Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council Report No. FS09-014 be received; and THAT the Mayor and Clerk be authorized to sign a Lease for the use of Church Street School with Church Street School Cultural Centre Inc.; and THAT the Mayor and Clerk be authorized to sign a Contract for the provision of Cultural Services with the Church Street School Cultural Centre Inc.; and THAT $113,000 of the 2009 budget of $226,666 be paid to Church Street School Cultural Centre Inc. upon the signing of these agreements and approval of the 2009 budget; and THAT the balance of 2009 budget, when approved, in the amount of $113,666 be paid to the Church Street School Cultural Centre Inc. in two equal instalments on July 1, 2009 and October 1, 2009; and THAT the Mayor and Clerk be authorized to sign an agreement for the provision of the 2008 One Time Special Grant of $50,000 payable upon proof of matching funding to the Church Street School Cultural Centre Inc. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachern Seconded by Councillor Buck THAT the Mayor and Clerk be authorized to sign the agreements, subject to a review by the Town Solicitor, Christopher Cooper; and THAT, should the Solicitor find any areas of concern or the need of substansive revision, Council be notified and the matter be brought back to a Special Council meeting, if called for, prior to execution of the agreements; and THAT a definition of the word “permit” be added to the definitions section of the Lease Agreement. CARRIED On a recorded vote the main motion was CARRIED UNANIMOUSLY, AS AMENDED. Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 7 of 10 XI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 5. Correspondence from Ms Sher St. Kitts Re: Santa Parade and Canada Day Parade Budget Moved by Councillor Granger Seconded by Councillor McRoberts THAT the correspondence from Ms Sher St. Kitts, regarding the Santa Parade and Canada Day Parade budgets, be received and referred to the final approval of the 2009 Operating and Capital Budget. CARRIED Council recessed at 9:30 p.m. Council reconvened at 9:35 p.m. 6. 2009 Final Operating and Capital Budget The Director of Financial Services provided a brief overview of the 2009 Final Operating and Capital Budget for consideration by Council. Moved by Councillor Wilson Seconded by Councillor Granger THAT the overview of the 2009 Final Operating and Capital Budget, from the Director of Financial Services, be received for information. CARRIED Moved by Councillor Granger Seconded by Councillor MacEachern THAT an additional $2,000 be allocated to the Canada Day Parade Budget raising the amount to $10, 000; and THAT the float cost revenue goes back into the Canada Day Parade budget; and THAT the CAO ensure financial controls are in place through the appropriate departments, including authorization to raise funds, and that they are properly directed. 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 MacEachern Seconded by Councillor Granger THAT the 2009 Final Operating and Capital Budget for the Town of Aurora be adopted. On a recorded vote the motion was CARRIED. YEAS: 8 NAYS: 1 Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 8 of 10 VOTING YEAS: Councillors, Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT this meeting be extended beyond 10:30 p.m. in order to address the remaining items on the agenda. CARRIED 7. General Committee Meeting Report No. 09-12, Tuesday, March 10, 2009 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 09-12, TUESDAY, MARCH 10, 2009-ITEM 30 30. Correspondence from the City of Hamilton Re: Bill 138 – Protection of Public Participation Act, 2008 Moved by Councillor MacEachern Seconded by Councillor Granger THAT the Council of the Town of Aurora support the efforts of MPP Andrea Horwath with respect to the current Bill 138 – Protection of Public Participation Act, 2008; and THAT a copy of this resolution be forwarded to MPP Andrea Horwath. CARRIED Moved by Councillor McRoberts Seconded by Councillor Gallo THAT the balance of the report of the General Committee Meeting No. 09- 12 be received and the recommendations carried by the committee be approved. CARRIED Councillor Buck left the meeting at 10:50 p.m. 10. Memorandum from Mayor Phyllis Morris Re: Digest of Municipal and Planning Law Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the comments contained in the Digest of Municipal and Planning Law related to the Municipal Freedom of Information and Protection of Privacy Act judgement be referred to Mr. Christopher Cooper, Town Solicitor, for his review and to provide a report to Council with his advice/recommendations, if any; and THAT the Town Solicitor be requested to provide an opinion on whether the use of confidential disclaimers by members of Council, on e-mails to all members of Council, can be used to prohibit members of Council from public discussion or debate of such e- mails, if they do not contain confidential information. CARRIED UNANIMOUSLY Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 9 of 10 13. Memorandum from the Director of Leisure Services Re: Dove 2009 (Determined to Oppose Violence Everywhere) Lacrosse Tournament - June 2009 Moved by Councillor Collins-Mrakas Seconded by Councillor Wilson THAT Council waive facility permitting fees for a Special Event Lacrosse Tournament hosted by DOVE in the amount of $2,754.00. CARRIED XII REGIONAL REPORT The next meeting of Regional Council will take place on Thursday, March 26, 2009 - Regional Report to follow. XIII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner confirmed that certain requirements for the Canada Day Parade celebration will be in place, as requested at the February 19, 2009 Leisure Services Advisory Committee meeting, to which staff confirmed that they are fully aware of the requests. Mayor Morris expressed her thanks to Councillor Gallo and Mr. Marco Ramunno for their involvement with the Wells Street School Accommodation Committee. XIV READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5117-09 BEING A BY-LAW to exempt Lots 1, 2, 119, 120 and 121, 65M-4075, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended). (Report PL09-028, considered at GC 09-12, March 10, 2009) 5119-09 BEING A BY-LAW to close Park Street on Plan 231 and to declare as surplus and sell Park Street, Part of Lots 3, 4, 5, 8, 9, 10 and 11, Part Reserve and Part of Closed Centre Street on Plan 231, Town of Aurora (Report ADM09-002, considered at GC 09-12, March 10, 2009) 5123-09 BEING A BY-LAW to appoint a Town Solicitor (Christopher Cooper) 5121-09 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 09-07 on March 24, 2009 CARRIED Minutes of Council Meeting No. 09-07 Tuesday, March 24, 2009 Page 10 of 10 XV ADJOURNMENT Moved by Councillor Gaertner THAT the meeting be adjourned at 11:05 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR CINDY JANZEN, DEPUTY CLERK