MINUTES - Council - 20090526 TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 09-15
Council Chambers
Aurora Town Hall
Tuesday, May 26, 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, 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 7:05 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor MacEachern declared an interest in item 1(20 & 25), due to a contract
between her employer and a named company, and did not take part in, or vote
on any questions in this regard or attempt in any way to influence the voting on
such questions.
Councillor Collins-Mrakas declared an interest in item 6, due to a family member
having a contractual relationship, and did not take part in, or vote on any
questions in this regard or attempt in any way to influence the voting on such
questions.
II APPROVAL OF AGENDA
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the agenda as circulated by the Corporate Services Department,
with the following additional items, be approved:
Withdrawal
Delegation (a) Ms Lynda Townsend, Townsend, Rogers LLP
Re: Proposed Development Charges By-law 5136-09
Additional Items
New Delegation (a) Simon Frankruyter, Resident
Re: Proposed Development Charges By-law 5136-09
New Item 5 Memorandum from the Chief Administrative Officer
Re: Item 2 - ADM09-008 – Proposed Stewart Burnett
Park Senior Baseball Facility
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 2 of 11
New Item 6 Correspondence from Ms Lynda Townsend, Townsend,
Rogers LLP
Re: Proposed Development Charges By-law 5136-09
New Item 7 Correspondence from Ms Paula Tenuta, Director
Municipal Government Relations - Building Industry and
Land Development Association (BILD)
Re: Proposed Development Charges By-law 5136-09
New Item 8 Correspondence from Mr. Remo Agostino, Senior
Manager of Development - The Daniels Corporation
Re: Proposed Development Charges By-law 5136-09
New Item 9 Memorandum from the Director of Finance/Treasurer
Re: Proposed Amendment to the Development
Charges By-law 5136-09
New Closed Session Item
Re: Personal matters about an identifiable individual, including municipal
or local board employees
CARRIED
III OPEN FORUM
None
IV ADOPTION OF MINUTES
Special Council - Development Charges Meeting Minutes of Wednesday
May 6, 2009
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the Council minutes of Wednesday May 6, 2009 be adopted as
printed and circulated.
CARRIED
Council Meeting Minutes of Tuesday, May 12, 2009
Moved by Councillor Collins-Mrakas Seconded by Councillor Buck
THAT the Council minutes of Tuesday, May 12, 2009 be referred to staff
so that they may review them in concordance with the tape of the meeting,
and revise the minutes where appropriate.
On a recorded vote the motion was DEFEATED.
YEAS: 3 NAYS: 6
VOTING YEAS: Councillors Buck, Collins-Mrakas and Gaertner
VOTING NAYS: Councillors Gallo, Granger, MacEachern, McRoberts, Wilson
and Mayor Morris
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 3 of 11
Moved by Councillor Gallo Seconded by Councillor Granger
THAT the Council minutes of Tuesday, May 12, 2009 be adopted as
printed and circulated.
On a recorded vote the motion was CARRIED.
YEAS: 7 NAYS: 2
VOTING YEAS: Councillors Gaertner, Gallo, Granger, MacEachern,
McRoberts, Wilson and Mayor Morris
VOTING NAYS: Councillors Buck and Collins-Mrakas
V PRESENTATIONS
None
VI PUBLIC SERVICE ANNOUNCEMENTS
Councillor Granger announced that the Farmer’s Market will be holding its Grand
Opening on Saturday, May 30, 2009, featuring 31 vendors, food, cake and coffee
from 8:00 a.m. to 1:00 p.m.
Councillor Collins-Mrakas announced that Graffiti Clean-Up Day will be taking
place on Friday, May 29, 2009, at the Town Park starting at 9:00 a.m. Councillor
Collins-Mrakas advised that this event is hosted by York Region Police, Aurora
Optimists, Police And Community Together (P.A.C.T.) and the Town of Aurora.
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1(16), 1(20), 1(22 & 25), 2, 4, 5, 6, 9 and By-law 5147-09 were identified
for discussion.
VIII 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. Adoption of Recommendations from Closed Session Meeting of April 28,
2009
THAT the recommendation from the Closed Session meeting held on April
28, 2009 regarding the following matters be approved:
• Proposed or Pending Acquisition or Disposition of Land for Municipal
or Local Board Offer to Purchase Agreement;
• Proposed or Pending Acquisition or Disposition of Land for Municipal
or Local Board Offer to Purchase Agreement;
• Personal Matters about an identifiable individual, including Municipal or
Local Board Employees
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 4 of 11
Adoption of Recommendations from Closed Session Meeting of May 5, 2009
THAT the recommendation from the Closed Session meeting held on May
5, 2009 regarding the following matters be approved:
• Personal Matters about an identifiable individual, including Municipal or
Local Board Employees
THAT Council appoint Deborah Latimer to the Traffic Safety
Advisory Committee.
• Litigation or Potential Litigation, including matters before Administrative
Tribunals affecting the Municipality or Local Board;
• Proposed or Pending Acquisition or Disposition of Land for Municipal
or Local Board. (Referred item 7 from General Committee meeting of
May 5, 2009)
THAT the referred item 7 be deferred for two weeks.
CARRIED
IX DELEGATIONS
(a) Simon Frankruyter, President, York Region District Christian Seniors Home
Re: Proposed Development Charges By-law 5136-09
(Added item)
Mr. Simon Frankruyter advised that the York Region District Christian Seniors
Home is an incorporated, not for profit organization, which is trying to build 400
apartment units for seniors with a nursing home component as well, to allow
seniors to “age in place”. Mr. Frankruyter advised that the project is proposed to
be constructed within the 2C lands on Leslie Street, and requested that this
project be reclassified from its current classification to “institutional or non-
residential”.
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT the comments of the delegate be received and referred to item 9.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT item 1(22) and added item 9 be brought forward for consideration
together.
CARRIED
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 5 of 11
1. General Committee Meeting Minutes, Tuesday, May 19, 2009
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE
GENERAL COMMITTEE MEETING NO. 09-17, TUESDAY, MAY 19, 2009
(22) FS09-028 – Development Charges Draft By-law – Update Report
And
9. Memorandum from the Director of Finance/Treasurer
Re: Development Charges – Consultation Update and Revised Rates
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT the memorandum from the Director of Finance/Treasurer, regarding
Development Charges – Consultation Update and Revised Rates, be
received; and
THAT the Development Charges Background Study report, as presented
at a Special Meeting of Council held May 6, 2009, be amended by the
replacement of Appendix B.3 with the revised schedules as set out in this
report, and that the amended Background Study be adopted by Council
and:
a) THAT Council hereby indicates that it intends to ensure that the
increase in the need for services attributable to the anticipated
development will be met, subject to sufficient development charge
revenues being generated and other Town affordability criteria
being met; and
b) THAT Council hereby indicates its intent that the future excess
capacity identified in the study shall be paid for by the development
charges or other similar charges; and
c) THAT Council hereby adopts the capital forecasts prepared in
conjunction with the Development Charges Background Study for
the Town of Aurora dated April 2009 for that purpose, subject to
each project or undertaking set out therein being subject to annual
operating and capital budget approval processes of the corporation;
and
d) THAT Council hereby determines that no further public meetings
are required under Section 12 of the Act; and
THAT the transitional provisions proposed in staff report FS09-028 be
incorporated into the draft development charges by-law prior to adoption;
and
THAT the treatment of small townhouse units as discussed in staff report
FS09-028 be incorporated into the draft development charges by-law prior
to adoption; and
THAT the revised draft By-law #5139-09, being a by-law for the imposition
of development charges be adopted to be effective June 8, 2009, and that
By-law 4533-04.F be repealed on that same date; and
THAT, pending the outcome of the meeting on May 21, 2009 between the
Director of Finance, the delegate and her client, staff be directed to make
any changes to the draft Development Charges By-law and report back to
Council; and
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 6 of 11
THAT Schedule B of the proposed draft By-law 5139-09, as presented
by staff report FS09-028 to General Committee on May 19, 2009, be
updated by substitution of the attached revised Schedule B, prior to
its enactment; and
THAT the revised draft By-law 5139-09, being a by-law for the
imposition of development charges, be adopted to be effective June
8, 2009; and
THAT By-law 4533-04.F be repealed effective June 8, 2009.
On a recorded vote the motion was CARRIED UNANIMOUSLY.
YEAS: 9 NAYS: 0
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gallo, Gaertner, Granger,
MacEachern, McRoberts, Wilson and Mayor Morris
VOTING NAYS: None
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT item 2 and item 5 be brought forward for consideration together.
CARRIED
2. ADM09 -008 – Proposed Stewart Burnett Park Senior Baseball Facility
And
5. Memorandum from the Chief Administrative Officer
Re: Item 2 - ADM09-008 – Proposed Stewart Burnett Park Senior Baseball
Facility (Added Item)
Moved by Councillor Granger Seconded by Councillor Wilson
THAT the memorandum from the Chief Administrative Officer be received.
CARRIED
Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas
THAT the Town proceed with the construction of a senior baseball facility,
as well as the grading and servicing of the balance of the Stewart Burnett
lands, minus the two enhancements of step-down dugouts and batting
cage for the visitors, and that the construction be based on the most
recent cost estimate of $1,330,000.00 (for the whole project) minus
$73,000 (for enhancements) amounting to a total of $1,257.000.
On a recorded vote the motion was DEFEATED.
YEAS: 4 NAYS: 5
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gallo and McRoberts
VOTING NAYS: Councillors Gaertner, Granger, MacEachern, Wilson and
Mayor Morris
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 7 of 11
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT Option 3 be selected to proceed with the senior baseball facility with
a basic design, to a total project cost upset limit of $896,000.00 (excluding
GST); and
THAT the 10% contingency be added to the amount, if it is not already
included.
On a recorded vote the motion was CARRIED UNANIMOUSLY.
YEAS: 9 NAYS: 0
VOTING YEAS: Councillors Buck, Collins-Mrakas Gallo, Gaertner, Granger,
MacEachern, McRoberts, Wilson and Mayor Morris
VOTING NAYS: None
Moved by Councillor Gaertner Seconded by Councillor MacEachern
THAT planning for the rest of the land be referred to the Leisure Services
Advisory Committee, for consideration and input.
CARRIED
1. General Committee Meeting Minutes, Tuesday, May 19, 2009
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE
GENERAL COMMITTEE MEETING NO. 09-17, TUESDAY, MAY 19, 2009
(16) CS09-008 – Council Pending List
Moved by Councillor Collins-Mrakas Seconded by Councillor MacEachern
THAT report CS09-008 be received, with an amendment to item NB43 -
Notice of motion from Councillor Collins-Mrakas, to state that the notice of
motion is still active and pending.
CAR RIED
Councillor MacEachern, having previously declared an interest in item 1 (20 & 25), did
not take part in or vote on any questions in this regard or attempt in any way to
influence the voting on such questions.
(20) LS09-021 – Back-Up Generator for Town Hall
and
(25) Memorandum from Director of Leisure Services
Re: Back-up Generator for Town Hall (Added Item)
Moved by Councillor Wilson Seconded by Councillor Gallo
THAT the matter pertaining to the back-up generator for Town Hall be
referred to the Chief Administrative Officer.
CARRIED
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 8 of 11
Moved by Councillor Gallo Seconded by Councillor Gaertner
THAT the balance of the minutes of the General Committee Meeting of
Tuesday, May 19, 2009, be received and the recommendations carried by
the Committee be approved.
CARRIED
4. Memorandum from Mr. Chris Alexander, By-law Services Manager
Re: Parking Control Officers Appointment By-law 5147-09
(Related to By-law 5147-09 on this Agenda)
Moved by Councillor Gaertner Seconded by Councillor MacEachern
THAT By-law 5147-09 be referred back to staff for a full accounting of the
number of Parking Control Officers currently in place, what they are paid
and the amount of revenue they bring in.
CARRIED
Councillor Collins-Mrakas, having previously declared an interest in Added Item 6, did
not take part in or vote on any questions in this regard or attempt in any way to
influence the voting on such questions.
6. Correspondence from Ms Lynda Townsend, Townsend, Rogers LLP
Re: Proposed Development Charges By-law 5136-09
(Added Item)
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the correspondence from Ms Lynda Townsend, regarding the
Proposed Development Charges By-law 5136-09, be received for
information.
CARRIED
7. Correspondence from Ms Paula Tenuta, Director Municipal Government
Relations - Building Industry and Land Development Association (BILD)
Re: Proposed Development Charges By-law 5136-09
(Added Item)
And
8. Correspondence from Mr. Remo Agostino, Senior Manager of
Development, The Daniels Corporation
Re: Proposed Development Charges By-law 5136-09
(Added Item)
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the correspondence from the Building Industry and Land
Development Association (BILD) and from The Daniels Corporation,
regarding the Proposed Development Charges By-law 5136-09, be
received for information.
CARRIED
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 9 of 11
XI REGIONAL REPORT
None
XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Councillor Collins-Mrakas gave Notice of Motion regarding the proceedings of the
Council Meeting of May 12, 2009 and advised that the matter would be referred
to legal counsel for a review of the implications of the procedural breaches that
occurred and the potential methods, if any, by which the procedural errors may
be addressed, to be brought forward to the June 9, 2009, meeting of Council.
Mayor Morris advised that she will be preparing a Notice of Motion with respect
to the comments of Councillor Collins-Mrakas, and in response to comments
made by Councillor Buck. Mayor Morris also advised that, in reference to some
comments made in the local Newspaper recently, she will be sending a letter to
the editors to clarify some of the comments raised.
Mayor Morris requested that the Clerk advise what past practice has been for
reporting “Open Forum” comments in the Council minutes, to which the Clerk
responded that a brief synopsis of the comments are captured in the minutes.
Mayor Morris inquired of the Town Solicitor whether Members of Council are
obliged and bound by the Code of Conduct whether they have signed it or not, to
which the Solicitor confirmed that all of Council is bound by the Code of Conduct.
Mayor Morris inquired to the Clerk, in her capacity as the Director of Human
Resources, whether she is aware of the Town of Aurora’s Harassment–Free
Workplace Policy, Administrative Procedure 44, to which the Clerk responded
that she is aware of the Policy. Mayor Morris further advised that she would be
providing each member of Council with a copy of the Town of Aurora’s
Harassment-Free Workplace Policy for review and as a full-time employee of the
Town, Mayor Morris advised that she is subject to the protection of the policy.
Mayor Morris requested that the Town Solicitor refer to the Policy and advise
whether she is a full-time employee to which the Solicitor acknowledged that the
Mayor is correct.
Councillor Granger inquired as to what benefits are included with the distinction
of “Honorary Citizen of Aurora”, as in the case of Ms Sher St. Kitts. In response,
the Mayor advised that there are no benefits associated with that title other than
the honour and distinction of calling oneself an “Honorary Citizen” and the
gesture of good will to a wonderful volunteer.
Mayor Morris requested that the Clerk provide clarification at a future meeting of
Council in a formal memo to advise whether members of Council are able to avail
themselves of the Town’s insurance protection, when there is impending, or the
potential for litigation. In a formal memo on a council agenda
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 10 of 11
XIII CLOSED SESSION AGENDA
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT Council resolve into a Closed Session to consider:
• Personal matters about an identifiable individual, including
municipal or local board employees; and
• New Closed Session Item - Personal matters about an
identifiable individual, including municipal or local board
employees.
CARRIED
Council recessed at 10:09 p.m.
Moved by Councillor Gallo Seconded by Councillor Granger
THAT Council reconvene from Closed Session at 10:55 p.m.
CARRIED
Councillor Buck and Councillor Collins-Mrakas were not in attendance.
XIV READING OF BY-LAWS
Moved by Councillor Gallo Seconded by Councillor MacEachern
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
5135-09 BEING A BY-LAW to amend parking By-law 4574-04.T as
amended, with respect to parking on Pinnacle Trail
5136-09 BEING A BY-LAW to set and levy the rates of taxation for the
taxation year of 2009
(Related to Report FS09-024 - May 19 GC)
5139-09 BEING A BY-LAW to establish Development Charges for the
Town of Aurora and to Repeal Aurora Development Charge
By-law 4533-04.F
(Related to Report FS09-025 - May 6 SPC)
5141-09 BEING A BY-LAW to declare as surplus and sell Part of Lot
21, Con. 2, Part 2 65R-2640
(15286 Leslie Street, Aurora)
(Related to Report ADM09-007 - May 19 GC)
5146-09 BEING A BY-LAW to confirm actions by Council Resulting
from Council Meeting 09-15 on Tuesday, May 26, 2009
CARRIED
Minutes of Council Meeting
Tuesday, May 26, 2009
Page 11 of 11
XV ADJOURNMENT
Moved by Councillor MacEachern
THAT the meeting be adjourned at 10:58 p.m.
CARRIED
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK