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MINUTES - Council - 20090414 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-10 Council Chambers Aurora Town Hall Tuesday, April 14, 2009 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas (arrived at 7:11 p.m.), Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None 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, Town Solicitor and Council/Committee Secretary Mayor Morris called the meeting to order at 7:04 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 MacEachern THAT the agenda as circulated by the Corporate Services Department, with the following additions/deletions, be approved:  Withdrawal of Item 1 General Committee Meeting Minutes 09-12, March 10, 2009 (Previously considered at March 24, 2009 Council meeting)  New Item 13 - General Committee Meeting Minutes 09-13 April 7, 2009  New Item 14 - FS09-018 – Execution of Funding Agreement – Building Canada Fund  By-law 5131-09 – Being a by-law to authorize the execution of a Contribution Agreement with the Province of Ontario under the Building Canada Fund – Communities Component for infrastructure Funding  New Item 15 - Correspondence from Aurora Resident Re: Hospital Taxes Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 2 of 12  New Item 16 – Extract from Heritage Advisory Committee Meeting Re: Request for Demolition Permit/Delist Property 3 Ross Street, Commport Communications International  New Item 17 – Correspondence from Tania and Eric Edwards Re: Pinnacle Trail Safety Study CARRIED III OPEN FORUM Lois Brown, MP for Newmarket-Aurora, presented a cheque to Mayor Phyllis Morris in the amount of $1,305,152.00 reflecting the amount of the gas tax fund transfer allocated to Aurora. IV ADOPTION OF MINUTES Council Minutes of March 24, 2009, Meeting Number 09-07 Special Council - Public Planning Minutes of March 25, 2009, Meeting Number 09-08 Special Council Minutes of April 7, 2009, Meeting Number 09-09 Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the Council minutes of March 24, 2009, meeting number 09-07, the Special Council - Public Planning minutes of March 25, 2009, meeting number 09-08 and the Special Council minutes of April 7, 2009, meeting number 09-09 be adopted as printed and circulated. CARRIED V PRESENTATIONS None VI PUBLIC SERVICE ANNOUNCEMENTS Councillor MacEachern advised of a workshop being held regarding Sheppard’s Bush, on Sunday, April 19, 2009 from 1:00 p.m. – 3:00 p.m., to review the Sheppard’s Bush Conservation Area Management Plan for future issues. Councillor MacEachern also advised that the draft Management Plan is available on the Lake Simcoe Region Conservation Authority website, and that she is participating on the steering committee. Councillor Gaertner advised that York Link Directory, which is available in hard copy at the library, at www.york.ca, or by calling 1-877-464-9675, ext 2151, is a useful tool for residents, listing over 700 community service providers. Councillor McRoberts advised that the Hartwell Challenge is being held on April 26, 2009, beginning at the Aurora Community Centre and that proceeds will go to the Southlake Regional Cancer Centre. Councillor McRoberts indicated that further information may be obtained at www.hartwellchallenge.com. Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 3 of 12 Councillor Wilson advised that the Globe and Mail recently distributed Doors Open Ontario 2009 magazine and that Aurora was featured on the second page of the publication, outlining the August 15th tour in Aurora. Mayor Morris advised that there will be opportunities for public delegations regarding the future of Wells Street Public School as follows: April 30, June 15, July 6 and September 14. The location of all meetings, except June 15 which is yet to be determined, will take place at the York Region District School Board offices on Wellington Street West. Mayor Morris advised that a decision will be made on September 24, 2009. Mayor Morris advised that a performance of Words in Music will take place to benefit the Aurora Writer’s Group on Saturday, May 9, 2009 at 7:30 p.m. at Trinity Anglican Church, and that tickets are available at R&R Revisited, 95 Edward Street for $12.00 each. Mayor Morris congratulated Coach Kim Watson and the Senior Volleyball Team at Aurora High School who have won the Ontario Federation of School Athletic Association’s championship. The team won the gold and it is the first time since 1964 that York Region can boast of having the best volleyball team in Ontario. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3(9), 4, 5, 6, 8, 10, 13 and 15 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor MacEachern 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: 1. General Committee Meeting Minutes, 09-12, March 10, 2009 Withdrawn from agenda 2. TSAC09-03 – Traffic Safety Advisory Committee Meeting March 11, 2009 (Deferred from April 7, 2009 General Committee) THAT the Traffic Safety Advisory Committee Meeting minutes from the March 11, 2009 meeting be received and the recommendations contained therein be approved. 7. PW09-011 – Award of Tender PW2009-03 – For Remedial Works to Reduce Extraneous Flows in the Wastewater Collection System (Deferred from April 7, 2009 General Committee) THAT Tender PW2009-03 – For Remedial Works to Reduce Extraneous Flows in the Wastewater Collection System, be awarded to Fer-Pal Construction Ltd. at its tendered price of $502,227.50 (exclusive of GST); and THAT Council authorize the Mayor and Clerk to execute the Form of Agreement between the Town of Aurora and the successful bidder. Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 4 of 12 9. FS09-013 – 2008 Water/Wastewater Surplus/Deficit Report (Deferred from April 7, 2009 General Committee) THAT report FS09-013 be received; and THAT the 2008 Storm Sewer Fund deficit of $23,412 be taken from the Storm Sewer Reserve Fund; and THAT the 2008 Wastewater Fund surplus of $22,142 be transferred to the Water/Wastewater Reserve Fund; and THAT the 2008 Water Fund deficit of $553,136 be budgeted for in 2009 and that the Contribution to the Water/Wastewater Reserve be reduced by a similar amount; and THAT the 2008 Ballymore Sewage Pumping Station surplus of $1,170.00 be transferred to the Ballymore Sewage Pumping Station Reserve Fund; and THAT the 2008 Bayview/Vandorf Sewage Pumping Station deficit of $3,003.00 be budgeted for in 2009; and THAT the 2008 Brentwood Sewage Pumping Station deficit of $500.00 be budgeted for in 2009. 11. Adoption of Recommendations from Closed Session Meeting March 24, 2009 (Deferred from April 7, 2009 General Committee) THAT the recommendation from the Closed Session meeting held on March 24, 2009 regarding the following matters be approved: 1. A Personal Matter about an Identifiable Individual, including Municipal or local board employees; and 2. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and 3. A Personal Matter about an Identifiable Individual, including Municipal or Local Board Employees; Recruitment for Interim Treasurer Adoption of Recommendations from Closed Session Meeting April 7, 2009 THAT the recommendation from the Closed Session meeting held on April 7, 2009 regarding the following matter be approved: 1. A proposed or pending acquisition or disposition of land for municipal or local board Please Note: The following 3 items were deferred to the Closed Session meeting April 14, 2009: 1. Personal matter about an identifiable individual, including municipal or local board employees; and 2. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and 3. A proposed or pending acquisition or disposition of land for municipal or local board. Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 5 of 12 12. Extract from General Committee Meeting 09-13, April 7, 2009 (21) CS09-003 – Farmers’ Market and Artisans’ Fair By-law THAT the proposed new Farmers’ Market and Artisans’ Fair By-law 5125- 09 be adopted. 14. FS09-018 – Execution of Funding Agreement - Building Canada Fund (Added Item) THAT by-law 5131-09 be approved to authorize the Mayor and Clerk to execute the Contribution Agreement with the Province of Ontario in connection with the Building Canada Fund – Communities Component infrastructure grant program. 16. Extract from Heritage Advisory Committee Meeting Re: Request for Demolition Permit/Delist Property 3 Ross Street, Commport Communications International (Added Item) THAT Council approve the application to demolish and delist the structures located at 3 Ross Street. 17. Correspondence from Tania and Eric Edwards Re: Pinnacle Trail Safety Study (Added Item) THAT the correspondence be received for information. CARRIED IX DELEGATIONS a) Mr. Bill Fisch, Chairman and Chief Executive Officer for the Regional Municipality of York Re: Hospital Funding Capital Projects Mr. Bill Fisch addressed Council to provide an overview of the history pertaining to hospital funding. Mr. Fisch indicated that $12 million is being held back for this purpose and he confirmed that the use of tax dollars to help fund hospitals is not a new concept, but rather has been taking place for many years. Although hospital funding does not presently come from development charges, Mr. Fisch did advise that this would be appropriate and hopes that this could be the case in the future. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegate be received for information and referred to item 13 (24) and item 15. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT item 13 (24) and item 15 be brought forward. CARRIED Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 6 of 12 13. General Committee Meeting Minutes Report 09-13, April 7, 2009 (Added Item) CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 09-13, TUESDAY, APRIL 7, 2009 (24) Memorandum from Mayor Phyllis Morris Re: York Region Hospital Capital Funding and 15. Correspondence from a Resident Re: Hospital Taxes (Added Item) Moved by Councillor McRoberts Seconded by Councillor Granger THAT, in order to improve timely and local access to hospital care in Aurora and across high growth communities in Ontario, the Town of Aurora asks that the Government of Ontario: 1. Speed up implementation of hospital growth funding commitment, ensuring that $100 million in growth funding is targeted to high growth hospitals and provide growth funding for social services; and 2. Quickly implement “Health Based Allocation Model” (HBAM), i.e. population-needs-based-funding for provincial health care funding and develop a population-needs-based-funding formula for social services; and 3. Develop a health care and social services growth plan for Ontario to complement “Places to Grow”; and THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance, the MPP for Newmarket-Aurora, York Region Chair and CEO, the Town of Newmarket, High Growth Communities Mayors and Chairs, and the Central LHIN. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. LSAC09-03 – Leisure Services Advisory Committee Meeting March 23, 2009 (Deferred from April 7, 2009 General Committee) (9) Trails Sub-Committee Minutes, Meeting No. 09-01, February 13, 2009 Moved by Councillor Wilson Seconded by Councillor MacEachern 1. THAT consideration be given to retain a permanent right-of-way through the Jack Woods property; and 2. THAT any recommendations from the Trails Sub-Committee that are amended or re-evaluated be referred back to the Trails Sub- Committee for their consideration. CARRIED Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 7 of 12 (10) Trails Sub-Committee Minutes, Meeting No. 09-02, February 26, 2009 Moved by Councillor MacEachern Seconded by Councillor Granger 1. (a) THAT Mr. Tree, Manager of Parks outline to the Trails Sub- Committee the process used by the Town for Capital Project funding approval; and THAT the Legal Department provide an up-date to the Trails Sub- Committee and Council on the status of land dedications for recreational purposes by the Magna Group of land owners as a result of development applications under the Official Plan and any related OMB decisions. CARRIED Moved by Councillor Wilson Seconded by Councillor McRoberts THAT the balance of the Leisure Services Advisory Committee Meeting minutes from the March 23, 2009 meeting be received and the recommendations contained therein be approved. CARRIED 4. Memorandum from the By-law Services Manager Re: LS09-004 – Domestic Pets in Municipal Facilities By-law (Deferred from March 10, 2009 General Committee) (Deferred from April 7, 2009 General Committee) Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council receive the correspondence from Cyndy Skillins, P.A.C.T. and Ian Miller, Chairman York Region Board of Directors for St. John Ambulance, and refer these to By-law Services; and THAT Council authorize Leisure Services and By-law Services staff to draft a by-law restricting the access of domestic animals in municipal facilities, with the exception of service dogs assisting people with a disability or impairment. CARRIED 5. LS09-015 – Fencing of Town-Owned Soccer Fields Adjacent to Schools (Deferred from April 7, 2009 General Committee) Moved by Councillor Wilson Seconded by Councillor Buck THAT report LS09-015 – Fencing of Town-Owned Soccer Fields Adjacent to Schools be referred back to staff to present alternate options. CARRIED Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 8 of 12 6. LS09-016 – Green Power Procurement 2009 (Deferred from April 7, 2009 General Committee) Moved by Councillor Gaertner Seconded by Councillor Gallo THAT staff provide a memorandum to Council outlining the power usage in Town Hall during 2008. CARRIED 8. PW09-019 – Assumption of Three Street Lights to Service Residents of the Mosaics Community (Deferred from April 7, 2009 General Committee) Moved by Councillor Granger Seconded by Councillor MacEachern THAT Council authorize the Mayor and Town Clerk to execute the agreement between the Town of Aurora, the Canadian Tire Corporation and the York Region Condominium Corporation No. 920 to assume three (3) street lights to service residents of the Mosaics Community. On a recorded vote the resolution 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 10. Memorandum from the Director of Leisure Services Re: Town of Aurora Services Provided to Minor Sports Organizations (Deferred from April 7, 2009 General Committee) Moved by Councillor Gaertner Seconded by Councillor Collins-Mrakas THAT the memorandum regarding Town of Aurora Services provided to Minor Sports Organizations be received for information; and THAT the membership numbers for the minor sports organizations be provided to Council. CARRIED 13. General Committee Meeting Minutes Report 09-13, April 7, 2009 (Added Item) CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 09-13, TUESDAY, APRIL 7, 2009 III ADOPTION OF PREVIOUS MINUTES Special General Committee Budget Meeting Minutes 09-10 Monday, March 2, 2009 (2) Correspondence from Councillor Granger Re: The Farmers’ Market Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 9 of 12 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council approve the booking of the Town Park band-shell for eleven special events to be scheduled by the Farmers’ Market; and THAT the related fees be waived. CARRIED On a recorded vote the resolution was CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Mayor Morris called a recess at 9:27 p.m. Mayor Morris resumed the meeting at 9:32 p.m. (8) LS09-012 – Proposed Stewart Burnett Park Senior Baseball Facility Moved by Councillor MacEachern Seconded by Councillor Gallo THAT report LS09-012 - Proposed Stewart Burnett Park Senior Baseball Facility be received for information and referred to the Chief Administrative Officer to provide a brief summary of the report to address and resolve this matter and to enable Council to deliberate on this matter appropriately; and THAT the summary address the following matters: ▪ What would be the pros and cons of not building the ball diamond facility and how would this relate to the Development Charges, ▪ Schematic breakdown or list of potential facilities that could be built on that land, ▪ Operating costs and revenues, ▪ Communicate with the Aurora Minor Ball Association to determine what parts of the capital project they could do without, and what they are willing to do, with respect to operations, to keep the costs down, ▪ What is the impact on the Development Charges By-law if the ball diamond is not built in 2009, in the form of an estimated dollar amount, ▪ What would be the Development Charges By-law reserve account balance if the proposed $1.7 million project were to proceed. AMENDMENT: Upon the question of the adoption of the resolution, it was: Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 10 of 12 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the summary address the following matter: ▪ THAT comments from the Master Recreation Plan consultant, regarding the ball diamond, be included. CARRIED Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the summary address the following matter: ▪ Substantiation of costs associated with and necessity for the earthworks to be done on the subject lands at this time, and outline the pros and cons of completing the earthworks on the entire site at this time. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the summary address the following matter: ▪ The total land acreage of the lands, which is to include the Magna lands, that were to be transferred to the Town as part of the Ontario Municipal Board settlement of 2003. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the summary address the following matters: ▪ THAT parking consideration be addressed. CARRIED The main motion was CARRIED AS AMENDED. Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the balance of the report of the General Committee Meeting No. 09- 13 be received and the recommendations carried by the Committee be approved. CARRIED XI REGIONAL REPORT York Region Council Highlights - March 26, 2009 Mayor’s Report Moved by Councillor Wilson Seconded by Councillor Granger THAT the York Region Council Highlights – March 26, 2009, Mayor’s Report be received for information. CARRIED Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 11 of 12 XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner thanked the Director of Public Works for the very beneficial collaborative effort regarding the review of the Waste Diversion Act and Blue Box Recycling Program. Councillor MacEachern provided Notice of Motion regarding the Procedural By- law for the Committee of Adjustment. Mayor Morris requested an update on the Nokiidaa Trail to which the Director of Leisure Services responded that the connection to Newmarket was recently secured and that staff will be meeting with the residents of Hadley Grange on Monday, April 20, 2009 at 11:00 a.m. in order to hear any concerns. As well, the Mayor advised that a public meeting will be held on Tuesday, April 28, 2009 from 6:00 p.m. – 8:00 p.m. in the Holland Room. The Mayor requested that staff add the word “proposed” to the sign which is located on St. John’s Sideroad, so that the sign reads, “Proposed Future Connection.” Councillor Wilson invited the public to attend the Open House on Monday, April 20, 2009 from 6:00 p.m. – 8:00 p.m. at Town Hall, pertaining to the outdoor burning bylaw. Mayor Morris bid farewell to Mr. John Gutteridge, Director of Financial Services/Treasurer and wished him well in his retirement. Mayor Morris welcomed Mr. Dan Elliott as the new Director of Financial Services/Treasurer. 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: 5124-09 BEING A BY-LAW to amend Municipal Water- works Distribution By-law 3305-91, as amended (Related to report FS09-015 - GC April 7, 2009) 5125-09 BEING A BY-LAW to provide for establishing, maintaining, operating and regulating the Aurora Farmers’ Market and Artisans’ Fair (Related to report CS09-003 - GC April 7, 2009) 5127-09 BEING A BY-LAW to appoint a Treasurer (Mr. Daniel Elliott) 5131-09 BEING A BY-LAW to authorize the execution of a Contribution Agreement with the Province of Ontario under the Building Canada Fund – Communities Component for infrastructure funding (Added Item) 5132-09 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 09-10 on April 14, 2009 CARRIED Minutes of Council Meeting No. 09-10 Tuesday, April 14, 2009 Page 12 of 12 XIV CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council resolve into a Closed Session to consider: (Deferred from the April 7, 2009 General Committee meeting) - personal matters about an identifiable individual, including municipal or local board employees; and - advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and - a proposed or pending acquisition of land for Municipal or Local Board CARRIED XV ADJOURNMENT Moved by Councillor Granger THAT the meeting be adjourned at 10:15 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK