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MINUTES - Council - 20091124 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-32 Council Chambers Aurora Town Hall Tuesday, November 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, Town Solicitor/Acting Town Clerk, Director of Building and By-law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, and Council/Committee Secretary Mayor Morris called the meeting to order at 7:08 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 Gallo THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  Delegation b) – Mr. Charles Sequeira and Mr. Derek Murray, Aurora Seniors Association Re: Item 4(13) – LS09-046 – Aurora Seniors Association Proposal for Liquor Licence  Item 7 – LSAC09-09 – Leisure Services Advisory Committee Meeting Minutes – November 19, 2009  Item 8 – Extract from Special General Committee Meeting Saturday, November 21, 2009  Item 9 – Extract from Special General Committee Meeting Monday, November 23, 2009 On a recorded vote the resolution was CARRIED. Minutes of Council Meeting Tuesday, November 24, 2009 Page 2 of 10 YEAS: 6 NAYS: 3 VOTING YEA: Councillors Gaertner, Gallo, Granger, MacEachern, Wilson and Mayor Morris VOTING NAY: Councillors Buck, Collins-Mrakas and McRoberts CARRIED III OPEN FORUM Mr. Geoffrey Dawe, President of the Aurora Chamber of Commerce, addressed Council to introduce Ms Judy Marshall, the new Executive Director of the Aurora Chamber of Commerce. IV ADOPTION OF MINUTES Special Council Minutes of Tuesday, November 10, 2009 Council Minutes of Tuesday, November 10, 2009 Moved by Councillor Granger Seconded by Councillor McRoberts THAT the Special Council minutes of Tuesday, November 10, 2009 and the Council minutes of Tuesday, November 10, 2009 be adopted as printed and circulated. CARRIED V PRESENTATIONS a) Ms Rema Thompson donated one of her paintings of the Farmers Market to the Town of Aurora Mayor Morris introduced and thanked Ms Rema Thompson for her donation to the Town of Aurora of one of her paintings of the Farmers Market. b) Presentation to the Town of Aurora’s 2009 Platinum Sponsors  Bell  Cineplex Odeon Aurora Cinemas  Aurora Home Hardware  HS Financial Services Inc.  Rogers Mayor Morris, Ms Shelley Ware - Special Events Coordinator and Ms Nicole Williams - Sponsorship and Special Events Assistant, presented the Town of Aurora’s 2009 Platinum Level Event Sponsors with recognition awards for their invaluable contributions to the success of the Town’s special events in 2009. These sponsors are: Bell, Cineplex Odeon Aurora Cinemas, Aurora Home Hardware, HS Financial Services Inc. and Rogers. Minutes of Council Meeting Tuesday, November 24, 2009 Page 3 of 10 VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris announced that the Town of Aurora has received the Aurora Youth Soccer Club “Builder” Award of Merit, in recognition of 45 years of ongoing contribution to the Club. Mayor Morris announced that she was invited by the Heritage Canada Foundation to meet with H.R.H. Prince of Wales. Mayor Morris reminded everyone that the Town of Aurora received the 2008 Prince of Wales Prize for municipal heritage leadership and demonstrating exemplary commitment to the preservation of its built heritage. Mayor Morris advised that she attended a Remembrance Day dinner at the Legion and that Mr. Kenneth Edward White was given the Royal Canadian Legion Meritorious Service Medal. Mayor Morris advised that Mr. White will be invited to attend a Council meeting to receive a certificate recognizing his achievement. Councillor Gaertner raised a Question of Privilege and requested that Councillor Buck apologize for the comments she made towards her at the Special General Committee Budget Meeting on Saturday, November 21, 2009. Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Councillor Buck apologize to Councillor Gaertner for comments made by her at the Special General Committee Budget Meeting on Saturday, November 21, 2009. On a recorded vote the resolution was CARRIED. YEAS: 7 NAYS: 2 VOTING YEA: Councillors Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAY: Councillors Buck and Collins-Mrakas Councillor Buck apologized to Councillor Gaertner. Councillor Wilson announced that he attended the launch of the York Regional Police and Mothers Against Drunk Drivers (MADD) Ride Program, which is in special effect for the next five weeks, but always in effect year around. Councillor McRoberts advised that the Salvation Army Kettle Drive begins on Saturday, November 28, 2009 and that, once again, the Town of Aurora is assisting. Councillor McRoberts advised that Info Aurora and Neighbourhood Network are scheduling the volunteers and that the contact information is:  Info Aurora 905-727-8214  Neighbourhood Network 905-726-3737  Salvation Army 905-895-6276 Councillor McRoberts also advised that on-line donations are being accepted at:  iKettle www.e-aurora.ca (under Announcements) Mayor Morris announced that the Santa Under the Stars Parade is being held on Saturday, November 28, 2009 beginning at 6:00 p.m., following the route south on Yonge Street beginning at St. Andrew’s Village (Yonge Street and Orchard Heights Drive). Minutes of Council Meeting Tuesday, November 24, 2009 Page 4 of 10 Mayor Morris announced that the Olympic Torch Run will go through the Town of Aurora on Friday, December 18, 2009 and that the route will be announced on December 8, 2009. Mayor Morris advised that there will be events held at Town Park in the middle of the day, as well as free skating at the Aurora Community Centre and asked residents to mark their calendars for this special occasion. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3(1), 4(11), 4(13), 5 and 6 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by Councillor MacEachern 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 Meeting Minutes Saturday, November 7, 2009 THAT the minutes of the Special General Committee Meeting of November 7, 2009 be received and the recommendations carried by the Committee be approved. 2. Special General Committee Meeting Minutes Monday, November 16, 2009 THAT the minutes of the Special General Committee Meeting of November 16, 2009 be received and the recommendations carried by the Committee be approved. 7. LSAC09-09 – Leisure Services Advisory Committee Meeting Minutes November 19, 2009 (Added Item) THAT the Leisure Services Advisory Committee Meeting minutes from the November 19, 2009 meeting be received and the recommendations contained therein be approved. 8. Extract from Special General Committee Meeting Saturday, November 21, 2009 (Added Item) THAT the presentation from Mr. Garbe be received; and THAT Council give advanced approval to establish the proposed full time positions of “Manager of Corporate Communications” and “Manager of Strategic Initiatives”; and THAT staff be authorized to proceed with the recruitment process. Minutes of Council Meeting Tuesday, November 24, 2009 Page 5 of 10 9. Extract from Special General Committee Meeting Monday, November 23, 2009 (Added Item) THAT the presentation from Mr. Cooper be received; and THAT Council give advanced approval to establish the proposed contract position of “Election Co-ordinator”; and THAT staff be authorized to proceed with the recruitment process. CARRIED IX DELEGATIONS a) Ms Susan Walmer, Executive Director, Oak Ridges Moraine Land Trust Re: Item 4(11) LS09-037 – McLeod Woodlot – Oak Ridges Moraine Land Trust (ORMLT) Ms Susan Walmer addressed Council to provide an overview of the Oak Ridges Moraine Land Trust (ORMLT), including the following comments:  there is no owner of the land trust - volunteers contribute time to help protect land through agreements, acquisition and stewardship  it is not a government agency but an independent organization  they work cooperatively with government agencies and academic institutions by partnering to acquire or manage land, conduct research or assist in development of open space plans  they have been working with the Town for several years, as well as with York Region, Lake Simcoe Region Conservation Authority and the Ontario Land Trust Alliance  formed in 1999 to protect Oak Ridges Moraine  not for profit as well as registered charity  McLeod family wanted to ensure that the residents of Aurora could access their donated land and that the property not be developed by the construction of homes or buildings and used only for a conservation area and passive park Ms Walmer advised that the Conservation Land Tax Incentive Program designed by the Ministry of Natural Resources may be an option in the future to handle the tax issue with respect to the McLeod Woodlot. Ms Walmer advised that the Oak Ridges Moraine Land Trust can apply for tax relief under this program, but that the property must meet one of 11 fixed criteria and that the process takes several years. Ms Walmer also advised that the McLeod property does not meet the criteria at this time; however, through the Official Plan process for the 2C lands, this area will likely be zoned as an environmental protection area and may then be eligible. Therefore, the management agreement includes payment of taxes by the Town by way of a grant or other mechanism, and the accrued taxes from 2007 to 2009 will need to be addressed. Moved by Councillor MacEachern Seconded by Councillor Granger THAT the comments of the delegate be received for information. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT item 4(11) be brought forward for discussion. CARRIED Minutes of Council Meeting Tuesday, November 24, 2009 Page 6 of 10 4. General Committee Meeting Minutes Tuesday, November 17, 2009 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING MINUTES OF TUESDAY, NOVEMBER 17, 2009 (11) LS09-037 – McLeod Woodlot – Oak Ridges Moraine Land Trust (ORMLT) Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council direct staff to finalize an Agreement with the Oak Ridges Moraine Land Trust (ORMLT) and report back regarding the management of the McLeod Woodlot based on the seven principles detailed within the report to Council for approval. On a recorded vote the resolution was CARRIED UNANIMOUSLY. YEAS: 9 NAYS: 0 VOTING YEA: Councillors Buck, Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAY: None b) Mr. Charles Sequeira and Mr. Derek Murray, Aurora Seniors Association Re: Item 4(13) - LS09-046 – Aurora Seniors Association Proposal for Liquor Licence (Added Item) Mr. Charles Sequeira, President of the Aurora Seniors Association (ASA), addressed Council to present suggestions as to why a liquor licence for the ASA should be held in the Town of Aurora’s name. Reasons presented included:  The Town of Aurora’s staff is better qualified to handle a liability claim  99% of the time it would be trouble free  Third parties would think twice before suing the Town of Aurora  The Town of Aurora would gain revenues from increased rentals  The ASA has worked cooperatively with the Town and fulfilled requests such as providing lump sum payments  The licence could be cancelled or renewed after two years Mr. Derek Murray, member of the ASA, addressed Council to present benefits of the Town of Aurora holding the liquor licence on behalf of the ASA:  Enhanced service to clients  Increased rentals  The ASA would manage the bar and the Town of Aurora would receive 50% of the profits.  Increased revenue Moved by Councillor Buck Seconded by Councillor Wilson THAT the comments of the delegates be received and referred to item 4(13). CARRIED Minutes of Council Meeting Tuesday, November 24, 2009 Page 7 of 10 Moved by Councillor Gaertner Seconded by Councillor Gallo THAT item 4(13) be brought forward for discussion. CARRIED Councillor Gaertner left the meeting at 8:58 p.m. (13) LS09-046 – Aurora Seniors Association Proposal for Liquor Licence Moved by Councillor Buck Seconded by Councillor Collins-Mrakas THAT the Town of Aurora apply for, and hold a liquor licence on behalf of the Aurora Seniors Association. On a recorded vote the resolution was DEFEATED. YEAS: 1 NAYS: 7 VOTING YEA: Councillor Buck VOTING NAY: Councillors Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris Councillor Gaertner was absent for the vote. Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council decline the proposal made by the Aurora Seniors Association with respect to the Town of Aurora applying for and being the holder of a liquor licence for the Aurora Seniors Centre. On a recorded vote the resolution was CARRIED UNANIMOUSLY. YEAS: 7 NAYS: 0 VOTING YEA: Councillors Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAY: None Councillors Buck and Gaertner were absent for the vote. Moved by Councillor Gallo Seconded by Councillor Granger THAT the balance of the minutes of the General Committee Meeting of November 17, 2009 be received and the recommendations carried by the Committee be approved. CARRIED Mayor Morris left the meeting at 9:04 p.m., as she indicated she would earlier in the meeting. Minutes of Council Meeting Tuesday, November 24, 2009 Page 8 of 10 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. Special General Committee Meeting Minutes – Audit Committee Tuesday, November 17, 2009 (1) AC09-002 –Year End Audited Financial Statements Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the 2008 Audit Report and Financial Statements for the year-ended December 31, 2008 be received and published on the Town’s web site in accordance with Section 295 of the Municipal Act, 2001; and THAT, in future, the presentation of the year end audited financial statements be presented at a Council meeting. CARRIED Moved by Councillor Wilson Seconded by Councillor Granger THAT the balance of the minutes of the Special General Committee Meeting – Audit Committee of November 17, 2009 be received and the recommendations carried by the Committee be approved. CARRIED 5. Correspondence from Dominion Institute Re: Veteran Appreciation Days (Tabled by Mayor Morris) Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council support the hosting of a Veteran Appreciation Day, to be held on either May 8, 2010 (VE Day) or August 15, 2010 (VJ Day); and THAT the matter be referred to staff for a report to General Committee on possible options to recognize Veteran Appreciation Day. CARRIED 6. Memorandum from Mayor Phyllis Morris Re: Procedural Rules and Council Conduct Moved by Councillor Granger Seconded by Councillor MacEachern THAT the memorandum regarding Procedural Rules and Council Conduct be received for information. CARRIED XI REGIONAL REPORT None Minutes of Council Meeting Tuesday, November 24, 2009 Page 9 of 10 XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Wilson provided a Notice of Motion regarding the appointment of a youth or student Councillor for the second and third semesters of the school year 2010. Councillor MacEachern provided a Notice of Motion regarding parks. Councillor MacEachern provided a Notice of Motion regarding the rail crossing on Cousins Drive. Councillor Buck provided a Notice of Motion regarding the Procedural By-law relating to Bourinot’s Rules of Order. XIII CLOSED SESSION AGENDA None XIV READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5178-09 BEING A BY-LAW to amend Parking By-law 4574-04.T as amended, with respect to parking on Richardson Drive (Related to report TSAC09-012 - deferred from November 10, 2009 Council meeting) 5181-09 BEING A BY-LAW to exempt Lots 11, 34, 35, 39 and 49 on Plan 65M-4079 from Part Lot Control (Royalcliff Homes Bayview Inc.) (Related to report PL09-086 – November 17, 2009 General Committee meeting) 5193 – 09 BEING A BY-LAW to appoint John Leach as Clerk for The Corporation of the Town of Aurora 5190-09 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 09-32 on November 24, 2009 CARRIED Minutes of Council Meeting Tuesday, November 24, 2009 Page 10 of 10 XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 9:18 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR CHRISTOPHER C. COOPER ACTING TOWN CLERK