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MINUTES - Council - 20090609 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-18 Council Chambers Aurora Town Hall Tuesday, June 9, 2009 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (arrived at 7:03 p.m. and left at 9:10 p.m.), Collins-Mrakas (arrived at 7:12 p.m. and left at 9:10 p.m.), Gaertner (arrived at 7:03 p.m.), Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, 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, Town Solicitor and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:01 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 MacEachern Seconded by Councillor Granger THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Additional Speakers for Delegation (b) Aurora Selkies Swim Club Re: Item 1(4) – LS09-027 – Pool Allocation Policy - Mr. David LeClair, Parent - Mr. Lucas Durante, Selkies Swimmer  New Item 8 – Memo from Director of Leisure Services Re: Possible Extension of Pool Hours for Swim Club Use CARRIED Minutes of Council Meeting Tuesday, June 9, 2009 Page 2 of 9 III OPEN FORUM Mr. Klaus Wehrenberg addressed Council on the following three matters: 1. Mr. Wehrenberg advised that the article on the front page of this week’s Banner headed “Town nixes plans for rail crossing” is incorrect, and that, in fact, the matter was referred to the Trails Sub-Committee. 2. Mr. Wehrenberg referred to a document from Regional Council entitled “New Communities Criteria – Draft March 2009” and suggested that the criteria outlined in the document be applied, in principle, to the whitebelt area in the 2C lands as well as to the redevelopment of the rest of Aurora. 3. Mr. Wehrenberg invited the Mayor and Councillors to participate in a round table discussion which he is organizing on Sunday, June 14, 2009 from 2:00 p.m. – 5:00 p.m. at the Aurora Public Library regarding how to improve downtown Aurora. Mr. Wehrenberg advised that the ideas would be forwarded on to the Yonge & Wellington Corridor Study Steering Committee. IV ADOPTION OF MINUTES Council Minutes of Tuesday, May 26, 2009 Special Council – Public Planning Minutes of Wednesday, May 27, 2009 Special Council Minutes of Wednesday, June 3, 2009 Moved by Councillor MacEachern Seconded by Councillor Granger THAT the Council minutes of Tuesday, May 26, 2009, the Special Council – Public Planning minutes of May 27, 2009, and the Special Council minutes of June 3, 2009 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Presentation to Mr. Bob Green, Head Mechanic, Public Works for 30 Years of Service and Retirement Mayor Morris and the Director of Public Works presented Mr. Bob Green with a Trisha Romance painting entitled, “Through The Eyes of a Child”, thanked him for his dedication and hard work over the past 30 years, and wished him well in his retirement. VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris thanked Diana Dawson for her work regarding the Relay for Life event. Mayor Morris advised that the Town of Aurora signed an agreement today with the Church Street School Cultural Centre. Minutes of Council Meeting Tuesday, June 9, 2009 Page 3 of 9 Mayor Morris advised of the dedication of Ada Johnson Park today on Hartwell Way, east of Bayview Avenue. Mayor Morris advised that Ada Johnson will be turning 106 years old in July 2009. Mayor Morris advised that the bear which was found near the Yonge Street & Wellington Street intersection was saved and is doing fine. Mayor Morris thanked the family where the bear was found and congratulated them on the birth of their daughter who was born the morning after the bear was rescued. Councillor Gallo advised that the parade to save Wells Street Public School will take place at 6:00 p.m. on Monday, June 15, 2009, beginning at Wells Street Public School and ending at Dr. G.W. Williams High School where there will be a public meeting beginning at 7:00 p.m., sponsored by the York Region District School Board. Mayor Morris advised that the Queen’s York Rangers 1st American Regiment were in town on the weekend of June 6-7, 2009 on “Rangers Weekend”, which will be an annual event during which they exercise their freedom and right to march through the town. Mayor Morris advised that the Seniors Centre drama club, the Silver Stars, will be presenting the comedy “The Strange Case of Dr. Jekyl and Mr. Hyde” on Friday, June 12, 2009 at 7:00 p.m. and Sunday, June 14, 2009 at 2:00 p.m. Mayor Morris advised that Neighbourhood Network is sponsoring the 4th annual Belinda’s BBQ on June 25, 2009 from 12:00 p.m. – 1:30 p.m. at the Aurora Seniors Centre at a cost of $10 per ticket. Councillor McRoberts congratulated the Aurora Chamber of Commerce on another very successful Yonge Street Sale. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(4), 3, 4, 6, 7 and 8 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Gaertner Seconded by Councillor McRoberts 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: 2. Memorandum from the Chief Administrative Officer Re: Northern Six Municipalities – Joint Audit of Turtle Island Contract THAT the memorandum be received for information. 5. Adoption of Recommendations from Closed Session Meeting of May 12, 2009 THAT the recommendations from the Closed Session meeting held on May 12, 2009 regarding the following matters be approved: 1. Litigation or Potential Litigation, including Matters before Administrative Tribunals, affecting the Municipality or Local Board Minutes of Council Meeting Tuesday, June 9, 2009 Page 4 of 9 a) Status update b) Status update c) Reported out to Public Session May 12, 2009 re: Minor Variance Application D13-11-07 2. Proposed or Pending Acquisition or Disposition of Land for Municipal or Local Board a) Offer to Purchase Agreement Adoption of Recommendations from Closed Session Meeting of May 19, 2009 THAT the recommendations from the Closed Session meeting held on May 19, 2009 regarding the following matters be approved: 1. Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees 2. Proposed or Pending Acquisition or Disposition of Land for Municipal or Local Board Reported out to Public Session May 19, 2009 re: Staff Report ADM09- 005 Sale of Town owned Lands – 95 Allaura Boulevard Adoption of Recommendations from Closed Session Meeting of May 26, 2009 THAT the recommendations from the Closed Session meeting held on May 26, 2009 regarding the following matters be approved: 1. Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees CARRIED IX DELEGATIONS (a) Mr. Reg Chappell, Ducks Swimming Re: Item 1(4) - LS09-027 – Pool Allocation Policy Mr. Reg Chappell did not address Council. (b) Ms Yvonne Cattrall, Aurora Selkies Re: Item 1(4) - LS09-027 – Pool Allocation Policy Ms Yvonne Cattrall did not address Council. (c) Ms Nancy Black and Mr. Frank Sodonis, Aurora Master Ducks Swim Club and John Vadeika, Swim Ontario Re: Item 1(4) - LS09-027 – Pool Allocation Policy Ms Nancy Black, Mr. Frank Sodonis and Mr. John Vadeika did not address Council. Mr. David LeClair and Mr. Lucas Durante Re: Item 1(4) - LS09-027 – Pool Allocation Policy (Added Item) Mr. David LeClair addressed Council on behalf of Ducks Swimming, the Aurora Master Ducks and the Aurora Selkies Swim Club and requested that Council defer the vote for the 2009/2010 pool allocation for Aurora’s competitive swim Minutes of Council Meeting Tuesday, June 9, 2009 Page 5 of 9 clubs for 14 days, in order for the clubs to meet and then present a collaborative solution to Council. Further, Mr. LeClair requested that Council defer the vote on the Pool Allocation Policy for three months, in order that the three swim clubs, under the guidance of Swim Ontario, may formulate a collaborative solution for the long term for approval by Council. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received for information. CARRIED Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the comments of the delegate be referred to item 1(4) - LS09-027 – Pool Allocation Policy. CARRIED Moved by Councillor Wilson Seconded by Councillor MacEachern THAT item 1(4) - LS09-027 – Pool Allocation Policy be brought forward for discussion. CARRIED Moved by Councillor Buck Seconded by Councillor Wilson THAT item 8 - Memo from Director of Leisure Services regarding Possible Extension of Pool Hours for Swim Club Use be brought forward for discussion. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of Tuesday, June 2, 2009 CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING OF TUESDAY, JUNE 2, 2009 (4) LS09-027 – Pool Allocation Policy and 8. Memo from Director of Leisure Services Re: Possible Extension of Pool Hours for Swim Club Use (Added Item) Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the added item 8 - Memo from the Director of Leisure Services regarding possible extension of pool hours for swim club use be received for information; and THAT the Pool Allocation Policy be deferred for three months; and THAT that the Leisure Services Department be directed not to proceed with pool allocation for the 2009/2010 season for 14 days. CARRIED Minutes of Council Meeting Tuesday, June 9, 2009 Page 6 of 9 Moved by Councillor Wilson Seconded by Councillor McRoberts THAT the balance of the minutes of the General Committee meeting of Tuesday, June 2, 2009, be received and the recommendations carried by the committee be approved. CARRIED 3. Motion Tabled by Councillor Buck Re: Composition of Advisory Committees (Notice Provided at May 19, 2009 General Committee Meeting) Moved by Councillor Buck Seconded by Councillor Collins-Mrakas WHEREAS in Clause 238 (1) of the Municipal Act, under the heading of Procedure By-law, the definition of a committee is provided as follows: ‘committee’ means any advisory or other committee, or sub- committee or similar entity of which at least 50% of the members are also members of one or more councils or local boards; AND WHEREAS the composition of several Town of Aurora advisory committees and sub-committees do not conform to regulation 238 (1) of the Municipal Act; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to advise Council of appropriate measures to bring the Town’s various advisory committees into line with government regulations forthwith. On a recorded vote the resolution was DEFEATED. YEAS: 2 NAYS: 7 VOTING YEAS: Councillors Buck and Collins-Mrakas VOTING NAYS: Councillors Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris 4. Motion Tabled by Councillor Buck Re: Aurora Rotary Club/Canada Day Sub-Committee (Notice Provided at May 12, 2009 Council Meeting) Moved by Councillor Buck Seconded by Councillor Collins-Mrakas WHEREAS a social event held in March at the Aurora Legion was held in partnership, under the auspices of the municipality, through the Canada Day Sub-Committee of the Leisure Services Advisory Committee with the Aurora Rotary Club; and WHEREAS, according to the substance of the March minutes of the Canada Day Sub-Committee, planning for the event and reporting after the event took place within the committee; and WHEREAS a complete account of expenditures and proceeds have not been submitted for the record; and WHEREAS the Chief Administrative Officer, Mr. Neil Garbe and the Director of Financial Services/Treasurer, Mr. Dan Elliott have been unable to determine a proper account of the matter; Minutes of Council Meeting Tuesday, June 9, 2009 Page 7 of 9 NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to communicate with the Aurora Rotary Club with the objective of obtaining accounts pertaining to the event which was to support the July 1st Canada Day Parade. On a recorded vote the resolution was DEFEATED. YEAS: 2 NAYS: 7 VOTING YEAS: Councillors Buck and Collins-Mrakas VOTING NAYS: Councillors Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris 6. Correspondence from Toronto and Region Conservation for the Living City Re: Trail Surface Standards Report and Request for Representatives To Participate on the Toronto and Region Conservation Authority’s Trail Guidelines Advisory Committee Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the matter be referred to the Trails Sub-Committee. CARRIED 7. Adoption of Recommendations from Closed Session Meeting of June 2, 2009 Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the recommendations from the Closed Session meeting held on June 2, 2009 regarding the following matters be approved: 1. Litigation or Potential Litigation, including Matters before Administrative Tribunals, affecting the Municipality or Local Board - 3 items CARRIED Adoption of Recommendations from Closed Session Meeting of June 3, 2009 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the recommendations from the Closed Session meeting held on June 3, 2009 regarding the following matter be approved: 1. Litigation or Potential Litigation, including Matters before Administrative Tribunals, affecting the Municipality or Local Board and reported out to Public Session June 3, 2009: THAT Aird and Berlis be retained to represent the Town with respect to item 1 of the June 3, 2009 Closed Session agenda. 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 Minutes of Council Meeting Tuesday, June 9, 2009 Page 8 of 9 XI REGIONAL REPORT York Region Council Highlights - May 21, 2009 Mayor’s Report Moved by Councillor Buck Seconded by Councillor Wilson THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Mayor Morris advised that the Municipal Report Card will be out shortly and praised Councillors and staff for the amount and quality of work that has been accomplished over the past 1½ years. Councillors Gallo and Granger also praised staff and acknowledged their efforts. Councillor McRoberts stated that he would like to center on the positive aspects of what Council does and that it is his hope that Council work cohesively with each other and with staff and maintain the focus of advancing the Town’s business for the betterment of the community. Councillor Collins-Mrakas withdrew her Notice of Motion from the May 26, 2009 Council meeting. Mayor Morris wished the Chief Administrative Officer, Mr. Neil Garbe, a happy birthday. XIII CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council resolve into a Closed Session 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 Council recessed at 9:10 p.m. Councillors Buck and Collins-Mrakas left the meeting upon recess. Moved by Councillor McRoberts Seconded by Councillor Gaertner THAT Council reconvene the meeting at 9:33 p.m. CARRIED Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Heather Cole be appointed to the Environmental Advisory Committee. CARRIED Minutes of Council Meeting Tuesday, June 9, 2009 Page 9 of 9 XIV READING OF BY-LAWS Moved by Councillor Gallo Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5110-09 BEING A BY-LAW to amend Parking and Traffic Control By-law 4574-04.T as amended, with respect to parking on Batson Drive (Related to TSAC09-01-Council Feb. 10/09) 5120-09 BEING A BY-LAW to designate a property to be of cultural heritage value or interest (The George W. Graham House - 65 Wellington Street East) (Related to PL09-005 - HAC Jan. 12/09) 5129-09 BEING A BY-LAW to amend By-law 4636-05.F to establish a schedule of fees for applications made in respect of planning matters (Related to PL09-039 - GC June 2/09) 5140-09 BEING A BY-LAW to amend Zoning By-law 2213-78, as amended (100 Old Yonge Street) (Related to PL09-049 - GC June 2/09) 5144-09 BEING A BY-LAW to designate and erect Stop signs at the intersection of Timpson Drive and Dinsmore Terrace (Related to TSAC09-04-Council May 12/09) 5148-09 BEING A BY-LAW to amend By-law 5096-08.H, appointing Neil Garbe as Chief Administrative Officer and establishing the duties and responsibilities of his office 5149-09 BEING A BY-LAW to confirm actions by Council resulting from Council Meeting 09-18 on June 9, 2009 XV ADJOURNMENT Moved by Councillor MacEachern THAT the meeting be adjourned at 9:34 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK