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MINUTES - Council - 20090915 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-24 Council Chambers Aurora Town Hall Tuesday, September 15, 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, Town Solicitor/Acting Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/Treasurer 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 Granger Seconded by Councillor Buck THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegation (a) – Ms Judy Janzen, Aurora Youth Soccer Club John Traganitis Tournament Director Re: Added Item 8 - Relief from Parking Restrictions on Mary Street for the Aurora Youth Soccer Club John Traganitis Tournament  Item 8 – Correspondence from Ron Weese, Aurora Youth Soccer Club Re: Relief from Parking Restrictions on Mary Street for the Aurora Youth Soccer Club John Traganitis Tournament  Item 9 - Memorandum from Director of Building Administration Re: Appointment By-law No. 5169-09  By-law 5169-09 – BEING A BY-LAW to appoint an Animal Control Officer to enforce the Town of Aurora’s Animal Control By-laws CARRIED Minutes of Council Meeting Tuesday, September 15, 2009 Page 2 of 11 III OPEN FORUM Ms Rebecca Beaton addressed Council regarding report PW09 -049 - Sidewalk Policy and requested that the homeowners on rural streets continue to have a vote pertaining to curbs, sidewalks and ditches along their streets, as has been the case for previous homeowners. Mr. Bill Hogg addressed Council regarding matters pertaining to recent events around the Council Code of Conduct complaint and the Integrity Commissioner. Mr. Hogg spoke in favour of Councillor McRoberts’ motion that the Code of Conduct complaint should be removed from the Town’s website, as well as his motion to form a citizen committee to review the Code of Conduct. IV ADOPTION OF MINUTES Council Minutes of Tuesday, July 21, 2009 Special Council Meeting Minutes of Tuesday, September 8, 2009 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the Council minutes of Tuesday, July 21, 2009 and the Special Council minutes of Tuesday, September 8, 2009 be adopted as printed and circulated. CARRIED Special Council Meeting Minutes of Thursday, August 6, 2009 Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the Special Council minutes of Thursday, August 6, 2009 be adopted as printed and circulated, with an amendment to reflect the receipt of correspondence, as follows: Date Correspondence From July 24, 2009 Integrity Commissioner July 26, 2009 Mayor Morris July 28, 2009 Integrity Commissioner July 29, 2009 Mayor Morris July 30, 2009 Integrity Commissioner July 31, 2009 Mayor Morris August 3, 2009 Councillor McRoberts to Integrity Commissioner CARRIED V PRESENTATIONS None Minutes of Council Meeting Tuesday, September 15, 2009 Page 3 of 11 VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris thanked everyone involved in the events that have taken place recently in the Town, such as the concert series, Farmers’ Market, Terry Fox Run, Ribfest, Swap Sale, new store openings, and Seniors Appreciation Day. Mayor Morris described the Aurora Promenade – A Vision for the Revitalization of the Yonge & Wellington Corridor in the Town of Aurora. The Director of Planning and Development advised that the third workshop will be scheduled in early fall and that residents are still able to make comments on the Town’s website. Mayor Morris advised that Southlake Regional Health Centre is still selling $25 raffle tickets and that the draw will be taking place on October 7, 2009 at 8:00 a.m. Councillor Gaertner thanked those responsible for the beautiful plantings that were placed throughout the Town during the past season. Councillor Gaertner clarified the reasons regarding why certain staff members have recently left the Town of Aurora. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(2), 1(6), 1(14), 1(20), 1(22), 1(23), 5, 6, 8 and 9 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson 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: 2. Memorandum from Director of Building Administration Re: 2009 Construction Activity – Second Quarter Report (revised) THAT the memorandum from the Director of Building Administration regarding 2009 Construction Activity be received by Council for information. 3. Memorandum from Director of Leisure Services Re: Report LS09-034 – Potential Influenza Assessment Centres And Mass Immunization Clinics THAT the memorandum be received for information. Minutes of Council Meeting Tuesday, September 15, 2009 Page 4 of 11 4. Memorandum from Mayor Morris Re: Composition of the Steering Committee for the Five Year Official Plan Review and the 2C Secondary Plan Study THAT Mayor Phyllis Morris, Councillor John Gallo, Councillor Wendy Gaertner, and Councillor Evelina MacEachern be appointed to serve as members of the Steering Committee for the Five Year Official Plan Review and the 2C Secondary Plan Study. 7. EDAC09-07 – Economic Development Advisory Committee Meeting Minutes – September 10, 2009 THAT the Economic Development Advisory Committee meeting minutes from the September 10, 2009 meeting be received and the recommendations contained therein be approved. CARRIED IX DELEGATIONS (a) Ms Judy Janzen, Aurora Youth Soccer Club John Traganitis Tournament Director Re: Item 8 - Relief from Parking Restrictions on Mary Street for the Aurora Youth Soccer Club John Traganitis Tournament (Added Item) Ms Judy Janzen addressed Council to request that the parking restrictions be lifted on the south side of Mary Street between Industry Street and Industrial Parkway South in order to accommodate approximately 1,800 players and their family members who will be attending the John Traganitis Soccer Tournament on the weekend of September 19 and 20, 2009. Moved by Councillor MacEachern Seconded by Councillor Granger THAT the comments of the delegate be received and referred to item 8. CARRIED Moved by Councillor Gaertner Seconded by Councillor McRoberts THAT item 8 be brought forward for discussion. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 8. Correspondence from Mr. Ron Weese, Aurora Youth Soccer Club Re: Relief from Parking Restrictions on Mary Street for the Aurora Youth Soccer Club John Traganitis Tournament (Added Item) Moved by Councillor Wilson Seconded by Councillor Gaertner THAT the parking restrictions on Mary Street be lifted temporarily for the weekend of September 19 – 20, 2009, to accommodate the attendees at the John Traganitis Tournament. CARRIED Minutes of Council Meeting Tuesday, September 15, 2009 Page 5 of 11 Moved by Councillor McEachern Seconded by Councillor Gaertner THAT items 1(22) and 1(23) be brought forward for discussion. CARRIED 1. General Committee Meeting Minutes Tuesday, September 8, 2009 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING OF TUESDAY, SEPTEMBER 8, 2009 (22) Report to Council from Mr. David Nitkin, Former Integrity Commissioner Re: Query 008 Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the report to Council from Mr. David Nitkin, former Integrity Commissioner, be received for information. On a recorded vote the resolution was CARRIED UNANIMOUSLY. YEAS: 9 NAYS: 0 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: None (23) Memo from the Mayor – Statement Regarding Former Integrity Commissioner’s Response to Council’s Formal Complaint Moved by Councillor MacEachern Seconded by Councillor Granger THAT the statement published by the Mayor regarding the former Integrity Commissioner’s response to Council’s formal complaint be received and endorsed; and FURTHER THAT IT BE RESOLVED THAT the Mayor be directed by Council to prepare and issue a statement, to be published in the Town’s Notice Board and on the Town’s website, in order to address, as soon as possible, specific community concerns that have arisen regarding this matter. 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, September 15, 2009 Page 6 of 11 Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the order of the items in the General Committee meeting minutes of September 8, 2009 be changed to reflect that items 22 and 23 are under the heading of VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION. On a recorded vote the resolution was CARRIED UNANIMOUSLY. YEAS: 9 NAYS: 0 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: None (2) ADM09-009 - Real Estate Brokerage Services – Contract Extension Moved by Councillor Wilson Seconded by Councillor Gaertner THAT Council re-tender, for one year, the contract for Real Estate Brokerage Services for the sale of selected properties as determined by Council. DEFEATED Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council extend, for one year, the contract for Real Estate Brokerage Services with Cushman & Wakefield LePage Inc. for the sale of selected properties determined by Council on the same terms, conditions and rates as the current contract; and THAT the Mayor and Town Clerk be authorized to execute the agreement for Real Estate Brokerage Services between the Town and Cushman & Wakefield LePage Inc. CARRIED Moved by Councillor McEachern Seconded by Councillor McRoberts THAT item 1(14) be brought forward for discussion. CARRIED (14) PW09-049 - Sidewalk Policy Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the Public Works Department Policy No. 67 – Sidewalk Policy, as outlined, be approved; and THAT staff include a clause, regarding concerns raised in Open Forum, under the section entitled “Public Consultation”; and THAT a statement regarding heritage districts be included in the policy. CARRIED Minutes of Council Meeting Tuesday, September 15, 2009 Page 7 of 11 Moved by Councillor Gallo Seconded by Councillor Wilson THAT item 1(20) be brought forward for discussion. CARRIED (20) Resolution from the Community Schools Alliance Re: “Smart Moratorium” (Tabled by Councillor Gallo) Moved by Councillor Gallo Seconded by Councillor MacEachern WHEREAS the decision that determines the fate of the site known as Wells Street Public School, which has served the Aurora community since 1892, must take all aspects of this unique school into consideration; and WHEREAS the historical significance of the Wells Street Public School in its surrounding neighbourhood, which includes such buildings as the new Church Street School Cultural Center, the Aurora Public Library, the renovated GO Train Station, Sheppard’s Bush, the downtown shopping core, the Aurora Leisure Complex, the Town Park and the Aurora Cenotaph, cannot be overlooked; and WHEREAS the views expressed by the community group known as “Community Action for Wells Street”, which was formed by residents in the Wells Street community after it became clear to them that the concerns expressed by individual members of the community were not having a meaningful impact on the accommodation review process set by the York Region District School Board, must be taken into higher regard; and WHEREAS the Town of Aurora has committed to continue the agreement to allow the students of Wells Street Public School access to the Town Park; and WHEREAS the Town of Aurora also committed to having a Councillor sit on the Accommodation Review Committee and provide planning staff support where needed; and WHEREAS there has been significant discussion taking place within the Ministry of Education regarding the closing of schools in Ontario; and WHEREAS a public meeting was held on Monday, September 14, 2009 detailing that the York Region District School Board (YRDSB) will meet for the final time on September 24, 2009 and there will be no further opportunities for the public to comment on or after the September 24th meeting; and WHEREAS the process has not allowed the Trustees to have an open public debate of any issues or questions they may have on the subject until immediately prior to making a decision on September 24, 2009; and WHEREAS an unsubstantiated assumption has been made that spending money on Wells Street would compromise the Board's ability to fix other schools; and WHEREAS communities across Ontario are concerned with the Accommodation Review Committee process and the impact this flawed process has on the socio- economic fabric of our municipalities; and Minutes of Council Meeting Tuesday, September 15, 2009 Page 8 of 11 WHEREAS many schools are the hubs of their communities, a better accommodation review system is needed to address the educational facility needs of our residents; and WHEREAS a system to address the educational facility needs in Ontario must ensure that school boards and municipal councils partner on decisions regarding education infrastructure; and WHEREAS greater accountability for school board decisions is needed; and WHEREAS a thorough review of the governance model for school accommodation decisions must include an opportunity to appeal these decisions; and WHEREAS the accommodation review process should respect and value the input of students, parents, the community and municipality; and THEREFORE BE IT RESOLVED that the Province of Ontario be petitioned to implement a “smart moratorium” on disputed school closings to provide the opportunity for the Ministry of Education, school boards and municipalities to work together to develop policies addressing such issues as planning for declining enrolments, a mutually agreed upon Accommodation Review Committee process, a review of funding to rural and small community schools, and transparency and accountability between municipalities and school boards; AND FURTHER that the process be amended to allow further input from the public and the municipality at or after the September 24, 2009 YRDSB meeting, prior to any decision being made by the Trustees that would further the closure of the school; AND FURTHER it is requested that prior to a decision being made, an analysis of the impact that a capital investment in Wells Street Public School would have on the YRDSB capital budget for school rehabilitation in the rest of the Region should be undertaken and published; AND FURTHER that this resolution be forwarded to the Minister of Education Ms. Kathleen Wynne, Member of Parliament Ms. Lois Brown, the Member of Provincial Parliament Mr. Frank Klees, the Community Schools Alliance, all other local Region of York Municipalities and the York Region District School Board Trustees. On a recorded vote the resolution was CARRIED UNANIMOUSLY. YEAS: 9 NAYS: 0 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: None (6) CS09-013 – Council Pending List (Deferred by Council on July 21, 2009) Moved by Councillor MacEachern Seconded by Councillor Granger THAT item CS44 on page 7 of report CS09-013 be deleted. CARRIED Minutes of Council Meeting Tuesday, September 15, 2009 Page 9 of 11 Moved by Councillor MacEachern Seconded by Councillor Granger THAT item B84 on page 13 of report CS09-013 be deleted. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the balance of the minutes of the General Committee meeting of September 8, 2009 be received and the recommendations carried by the Committee be approved. CARRIED 5. Motion Tabled by Councillor Bob McRoberts Re: Removal from the Town’s Website of the Code of Conduct Complaint (Notice of Motion provided at September 8, 2009 General Committee) Councillor MacEachern raised a point of order that this matter is a reconsideration. The Chair ruled in favour of the reconsideration. Councillor McRoberts appealed the decision of the Chair. Council decided the question in favour of a reconsideration. Moved by Councillor McRoberts Seconded by Councillor Gallo THAT the matter be referred to the next General Committee meeting. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the hour of the meeting be extended. CARRIED 6. Motion Tabled by Councillor Bob McRoberts Re: The Formation of an Accountability and Transparency Advisory Committee (Notice of Motion provided at September 8, 2009 General Committee) Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the motion be received and referred to staff to provide input regarding an Accountability and Transparency Advisory Committee, addressing the following: - review of Part V.1 of the Municipal Act, entitled Accountability and Transparency - providing education and/or training as needed - review and revisions to policies and practices pertaining to confidentiality, accountability, and transparency issues as they relate to Aurora Town Council. Minutes of Council Meeting Tuesday, September 15, 2009 Page 10 of 11 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 9. Memorandum from Director of Building Administration Re: Appointment By-law No. 5169-09 (Added Item) Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Council receive the memo as information and enact By-law 5169-09 respecting the appointment of Jaime Flood as a Municipal Law Enforcement Officer. CARRIED XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Collins-Mrakas provided a list of items which she was unable to have included as add-ons on previous agendas, as follows: - three unsuccessful attempts at a verbal request to the Clerk’s Office to include a Banner article on graffiti – April 2008 - Written request by email to former Clerk, Mr. Panizza, June 6, 2008 regarding a letter of support from Mr. Antony Marsel, President, Forest Stewardship Council of Canada, regarding the Councillor’s sustainable landscaping motion. The Councillor was told she could read the letter at the table - Verbal request on June 10, 2008 to former Clerk, Mr. Panizza, to include a letter of support from Ms Gloria Marsh, York Region Environmental Alliance, and a further request to include the letter from Mr. Marsel Councillor Wilson advised that, on September 10, 2009, his daughter had a 7 lb. baby girl. XIII CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council defer the following Closed Session matters to the next General Committee meeting: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (one item) • advice that is subject to solicitor-client privilege, including communications necessary for that purpose (one item) CARRIED Minutes of Council Meeting Tuesday, September 15, 2009 Page 11 of 11 XIV READING OF BY-LAWS Moved by Councillor Wilson Seconded by Councillor Gallo THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5163-09 BEING A BY-LAW to amend Zoning By- law No. 2213-78, as amended, to remove a holding symbol (Stirling Cook Aurora Inc.) Related to PL09-065 – GC Sept. 8/09 5169-09 BEING A BY-LAW to appoint an Animal Control Officer to enforce the Town of Aurora’s Animal Control By-laws (Added Item) 5168-09 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 09-24 on September 15, 2009 CARRIED XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 11:05 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR CHRISTOPHER C. COOPER ACTING TOWN CLERK