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MINUTES - Council - 20091208 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-33 Council Chambers Aurora Town Hall Tuesday, December 8, 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 Customer and Legislative Services/Town Clerk, Assistant Town Solicitor, 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 7:03 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 Wilson Seconded by Councillor MacEachern THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional item, be approved:  Presentation e) – Presentation of the 2009 Arts and Culture Grant Awards by Mr. Lorne Merkur and Mayor Morris CARRIED III OPEN FORUM Mr. John Crowell, representing Neighbourhood Network, addressed Council to bring awareness to their 2nd Annual Volunteer Snow Removal Program. Mr. Crowell advised that 30 residents in Newmarket/Aurora were assisted through this program last year, and that volunteers are being sought again this year. Mr. Crowell provided the following Neighbourhood Network contact information for volunteers, as well as seniors or those with disabilities requiring assistance:  Address: 14988 Yonge Street, Aurora  Phone: 905-726-3737  Website: neighbourhoodnetwork.org Minutes of Council Meeting Tuesday, December 8, 2009 Page 2 of 11 Mr. Nick Spensieri, Manager of Parking Infrastructure for GO, addressed Council to provide an overview of the GO parking garage being constructed on Wellington Street East. Mr. Spensieri advised that 150 spaces on the third level will be open before Christmas and that final completion is targeted for February 15, 2010, at which time a total of 866 spaces will be available. IV ADOPTION OF MINUTES Special Council Minutes of Tuesday, November 24, 2009 Council Minutes of Tuesday, November 24, 2009 Moved by Councillor Granger Seconded by Councillor Gallo THAT the Special Council minutes of Tuesday, November 24, 2009 and the Council minutes of Tuesday, November 24, 2009 be adopted as printed and circulated. CARRIED V PRESENTATIONS a) Presentation by Mayor Morris Re: Official Olympic Torch Relay Announcement for 2010 Winter Olympics Mayor Morris advised that the Town of Aurora has been selected as one of the 1,000 Canadian communities to host the Olympic Flame as it travels from coast to coast in 100 days leading up to the Opening Ceremonies of the Olympic Games in Vancouver. Mayor Morris advised that it will start at 9:50 a.m. from the Stronach Aurora Recreation Complex and end at 10:26 a.m. at Highland Chevrolet. Mayor Morris revealed the route of the Olympic Torch Relay through Aurora, which will take place on Friday, December 18, 2009. The Mayor indicated it would start at Bayview Avenue and Wellington Street East, travel west to Wells Street, turn south on Wells Street, pass by the Town Park to Metcalfe Street, then travel west to Church Street, pass the Church Street School Cultural Centre, then travel north on Yonge Street to the final destination at Highland Chevrolet. Mayor Morris invited everyone to join in the celebration scheduled to take place at Town Park from 10:45 a.m. until 12:45 p.m., as well as free skating which will be available from 1:00 p.m. until 3:00 p.m. at the Aurora Community Centre. b) Presentation by Mayor Morris to Mr. Kenneth White, Royal Canadian Legion Mayor Morris presented Mr. Kenneth White with a certificate to recognize and honour his receipt of the Meritorious Service Medal from the Royal Canadian Legion. c) Ms Wendy Kemp, Manager Water Resources, Region of York Re: Source Water Protection Ms Wendy Kemp addressed Council to provide an overview of Source Water Protection and to advise that an assessment report is due to the Province on June 29, 2010. Ms Kemp also advised that letters will be sent to land owners pertaining to activities or conditions which have been assessed as threats to water sources, and open houses and public events will also take place. Minutes of Council Meeting Tuesday, December 8, 2009 Page 3 of 11 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the comments of the delegate be received for information. CARRIED e) Presentation of the 2009 Arts and Culture Grant Awards by Mr. Lorne Merkur and Mayor Morris Mayor Morris and Mr. Lorne Merkur presented the 2009 Arts and Culture Grant Awards to the following recipients:  Mary-Frances Turner on behalf of the Aurora Heights Scottish Country Dancers  Debra Weller on behalf of the York Region Media Group Celebration of the Arts  Phyllis Mahon on behalf of the Aurora Writers Group  Flo Murray on behalf of the Aurora Seniors Book Club  Sheila Ghazarian on behalf of the Aurora Seniors Art Group  Janette Todd on behalf of the Aurora Scottish Country Dancers  Susan Walmer on behalf of the Aurora Community Heritage Fair  Andrew Kipfer and Jennifer Steen on behalf of the Aurora Historical Society  Marco Ramunno on behalf of Doors Open Aurora  Rand Houghton on behalf of Playwrights of Spring  Susan Laird on behalf of the Aurora Bantam Jays  Sheryl Thomas on behalf of Marquee Theatrical Productions  Toni Robinson and Sarah Bradley of the Aurora Nursery School d) Mr. Daniele Zanotti, CEO, United Way of York Region Re: 2009 United Way Campaign Mr. Daniele Zanotti addressed Council to thank the Town of Aurora for its ongoing support of the United Way Campaign. Mr. Zanotti advised that York Region residents are very aware of the challenges that the Region faces, such as the lack of affordable housing, an increasing number of residents living on low incomes and increasing single parent families. However, Mr. Zanotti stated, in the face of these challenges, York Region residents are requesting that the United Way focus on the following strengths: helping the youth grow up strong, economic independence for all residents and improving the well being of individuals and communities, specifically those moving into the Region or those who are isolated. Mr. Zanotti advised that the United Way has reached 80% of its goal to raise $7.6 million. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegate be received for information. CARRIED VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that the Town of Aurora’s Economic Development Department has launched a website, which may be accessed from the Town of Aurora’s website, www.e-aurora.ca. Minutes of Council Meeting Tuesday, December 8, 2009 Page 4 of 11 Mayor Morris advised that the 2010 Budget has been finalized and is scheduled for final adoption at the Council meeting on January 26, 2010. Mayor Morris provided the following highlights from the budget deliberation process:  capital budget of $15.4 million  operating budget of $42.5 million  5.5% increase in financial support for Aurora Public Library  improving maintenance to the parks  corporate realignment of departments and services  customer service strategy  study regarding level of service required for sidewalks and bikeways  illumination on Bloomington Sideroad between Yonge Street and Bayview Avenue  installation of entrance feature on outside of CN Railway overpass  formalized, safe pedestrian railway crossing at Cousins Drive  increasing trail opportunities  maintenance and refurbishment of existing infrastructure  retrofitting of Town facilities to improve energy efficiency and conserve energy  increased contribution to the Arboretum Mayor Morris advised that the Aurora portion represents a 2.8% tax increase, and there is an expectation of a zero tax rate from the Province with respect to education. Mayor Morris indicated that the Town is looking for volunteers for the Salvation Army Kettle Drive for the following dates: December 11, 12, 18, 19 and 24, 2009. Councillor McRoberts advised that there are 883 time slots of 2 hours available for those who would like to volunteer for the Salvation Army Kettle Drive. Councillor McRoberts provided the following contact information:  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) The Chief Administrative Officer introduced and welcomed Mr. John Leach, the new Director of Customer and Legislative Services/Town Clerk, who brings with him extensive experience from the City of Etobicoke, the City of Vaughan and the Town of Innisfil. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 5(2), 7, 10 and 12 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Gaertner 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: Minutes of Council Meeting Tuesday, December 8, 2009 Page 5 of 11 2. Special General Committee - Operating Budget Meeting Minutes Saturday, November 21, 2009 THAT the minutes of the Special General Committee - Operating Budget Meeting of November 21, 2009 be received and the recommendations carried by the Committee be approved. 3. Special General Committee - Operating Budget Meeting Minutes Monday, November 23, 2009 THAT the minutes of the Special General - Operating Budget Committee Meeting of November 23, 2009 be received and the recommendations carried by the Committee be approved. 4. Special General Committee - Operating and Capital Budget Meeting Minutes - Monday, November 30, 2009 THAT the minutes of the Special General Committee - Operating and Capital Budget Meeting of November 30, 2009 be received and the recommendations carried by the Committee be approved. 6. Central York Fire Services - Joint Council Committee Meeting Minutes September 15, 2009 THAT the minutes of the Central York Fire Services – Joint Council Committee meeting on September 15, 2009 be received for information. 8. ADM09 -015 – Request for Professional Real Estate Services for the Sale of the Town’s 15059 Leslie Street Property THAT Council receive this report for information; and THAT Council award ADM2009-101 to DTZ Barnicke – GTA Industrial Team for professional real estate brokerage services for the sale of the described lands located at 15059 Leslie Street; and THAT Council authorize the Mayor and Town Clerk to sign the required agreements to execute this award. 9. CS09-019 – Corporate Insurance Renewal THAT the insurance and risk management proposal submitted by BFL Canada in the amount of $291,211 plus taxes be approved; and THAT the Town of Aurora’s corporate insurance policy be renewed for a one year period. 11. Adoption of Recommendations from Closed Session Meeting on Tuesday, December 1, 2009 THAT the recommendations from the Closed Session meeting held on December 1, 2009 regarding the following matters be approved: Minutes of Council Meeting Tuesday, December 8, 2009 Page 6 of 11 1. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and 2. personal matters about an identifiable individual, including municipal or local board employees CARRIED IX DELEGATIONS a) Ms Wendy Martineau, Resident Re: Item 1 – IES09-064 – Completion of Sidewalk on Nisbet Drive Ms Wendy Martineau addressed Council in support of the completion of a sidewalk on Nisbet Drive. Ms Martineau cited safety as the main reason for her support. Moved by Councillor Granger Seconded by Councillor Gaertner THAT the comments of the delegate be received for information and referred to item 1. CARRIED Councillor Gaertner left the meeting at 8:55 p.m. b) Mr. Don Roberts, Resident Re: Item 1 – IES09-064 – Completion of Sidewalk on Nisbet Drive Mr. Don Roberts addressed Council in support of the Town’s new concept for a connectivity plan regarding the completion of a sidewalk on Nisbet Drive. Moved by Councillor MacEachern Seconded by Councillor Granger THAT the comments of the delegate be received for information and referred to item 1. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. IES09-064 – Completion of Sidewalk on Nisbet Drive (deferred from December 1, 2009 General Committee meeting) Moved by Councillor MacEachern Seconded by Councillor Granger THAT Capital Project No. 31075 for the reconstruction of Nisbet Drive include the completion of a sidewalk along Nisbet Drive from Fairway Drive south to the existing sidewalk near Sandusky Crescent; and THAT, should any significant changes be required, a consultative process take place. On a recorded vote, the resolution was CARRIED. Minutes of Council Meeting Tuesday, December 8, 2009 Page 7 of 11 YEAS: 7 NAYS: 1 VOTING YEA: Councillors Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAY: Councillor Buck Councillor Gaertner was absent for the vote. 5. General Committee Meeting Minutes Tuesday, December 1, 2009 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING MINUTES OF TUESDAY, DECEMBER 1, 2009 (2) PL09-085 – Applications for Draft Plan of Subdivision Amendment to the Zoning By-law and Site Plan Approval Daniels LR Corporation 15933 Bayview Avenue Part of Lot 25, Concession 2, E.Y.S. Files D14-17-06, D12-03-06 and D11-09-09 Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Draft Plan of Subdivision D12-03-06 be approved for the creation of a residential condominium block for 134 stacked and street townhouse units; 20 semi-detached units; a commercial block; and, the completion of Lewis Honey Drive, by the Town of Aurora subject to Conditions of Approval attached as Appendix “A" being fulfilled prior to final approval; and THAT Council authorize the Mayor and Clerk to execute a “No Pre-Sales” Agreement between the Town and the Owner; and THAT Council authorize the Mayor and Clerk to execute a Subdivision Agreement between the Town and the Owner; and THAT a total of 154 units of sewage and water capacity be allocated to the Daniels LR Corporation draft plan of subdivision lands from the Town’s conditional allocation for 2011; and THAT Council enact implementing Zoning By-law 5184-09; and THAT, subject to any issues or comments raised by Council, Site Plan Application D11-09-09 be approved to permit the development of the residential condominium block for 134 street and stacked townhouse units; and THAT Council authorize the Mayor and Clerk to execute a Site Plan Agreement between the Town and the Owner to facilitate the development of the residential condominium block; and THAT clause 104 of the agreement be replaced with the following: The Owner shall enter into an agreement with Enbridge prior to the approval of the draft plan of subdivision providing that the Owner acknowledges that noise mitigation measures related to the pressure reduction station, including a noise attenuation enclosure and other features, have been implemented and are necessary to ensure satisfactory noise mitigation as approved by Enbridge. Such agreement will Minutes of Council Meeting Tuesday, December 8, 2009 Page 8 of 11 obligate the Owner to provide an indemnity in favour of Enbridge with respect to any actions, causes of action, claims or proceedings arising directly or indirectly from any noise mitigation measures that have been installed, constructed or otherwise provided and paid for in full or in part by other landowners and/or the Owner. CARRIED UNANIMOUSLY Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the balance of the minutes of the General Committee Meeting of December 1, 2009 be received and the recommendations carried by the Committee be approved. CARRIED UNANIMOUSLY 7. Central York Fire Services - Joint Council Committee Meeting Minutes October 20, 2009 (3) Residential Fire Sprinkler Resolution Moved by Councillor MacEachern Seconded by Councillor Granger THAT the matter be referred to staff for comment. CARRIED Moved by Councillor Wilson Seconded by Councillor Granger THAT the balance of the minutes of the Central York Fire Services – Joint Council Committee meeting on October 20, 2009 be received for information. CARRIED UNANIMOUSLY 10. Memorandum from Councillor MacEachern Re: Motion – Recorded Votes (Notice of Motion provided at December 1, 2009 General Committee Meeting) Moved by Councillor MacEachern Seconded by Councillor Wilson THAT staff be directed to provide a report listing all recorded votes taken during this term of Council, to be included on a General Committee or Council agenda. On a recorded vote, the resolution was CARRIED. YEAS: 5 NAYS: 3 VOTING YEA: Councillors Gallo, Granger, MacEachern, Wilson and Mayor Morris VOTING NAY: Councillors Buck, Collins-Mrakas and McRoberts Councillor Gaertner was absent for the vote. Minutes of Council Meeting Tuesday, December 8, 2009 Page 9 of 11 12. Memorandum from Councillor Wilson Re: Motion – Youth Councillor (Notice of Motion provided at November 24, 2009 Council Meeting) Moved by Councillor Wilson Seconded by Councillor Gallo WHEREAS the Town of Aurora places high value on our youth of today; and WHEREAS the youth of today represent the voters of tomorrow for our Town; and WHEREAS participation in the local government is a critical component of all citizens; and WHEREAS we have just participated in and supported “Local Government Week”; and WHEREAS Council wishes to give youth the opportunity to participate in and learn about the procedures of local government; NOW THEREFORE BE IT RESOLVED: THAT Council appoint a “Youth Councillor” who would be nominated by students in the local high schools from grades 11/12 to participate in Council meetings for each of the remaining two semesters of the 2010 school year. The Youth Councillor for each semester would be assigned a Councillor mentor each semester and would attend Council meetings by taking a seat at the table, however, would not participate in discussions or speak, unless called upon by a member of Council through the Chair, and would have no voting privileges; and THAT Councillor Wilson be directed to work with staff to establish Terms of Reference and that these be brought back to the January 19, 2010 General Committee meeting to establish the role of an appointed Youth Councillor. On a recorded vote, the resolution was CARRIED UNANIMOUSLY. YEAS: 8 NAYS: 0 VOTING YEA: Councillors Buck, Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAY: None Councillor Gaertner was absent for the vote. XI REGIONAL REPORT Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the Regional Report be received for information. CARRIED Minutes of Council Meeting Tuesday, December 8, 2009 Page 10 of 11 XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Collins-Mrakas wished her 6 year old niece a Happy Birthday. XIII CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council resolve into a Closed Session, following adjournment, to consider:  Applications for the Economic Development Advisory Committee personal matters about an identifiable individual, including municipal or local board employees CARRIED XIV 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: 5184-09 BEING A BY-LAW to amend the Zoning By-law No. 2213-78, as amended (15933 Bayview Avenue) (related to report PL09-085 – Dec 1, 2009 General Committee meeting) 5187-09 BEING A BY-LAW to reallocate any 2009 Operating Surpluses (related to report FS09-045 – Dec 1, 2009 General Committee meeting) 5191-09 BEING A BY-LAW to exempt Lots 4, 55 and 66 on Plan 65M-4079 from Part-lot Control (Country Wide Homes at Aurora Inc.) (related to report PL09-090 – Dec 1, 2009 General Committee meeting) 5192-09 BEING A BY-LAW to levy interim property taxes for the taxation year 2010 (related to report FS09-052 – Dec 1, 2009 General Committee meeting) 5194-09 BEING A BY-LAW to amend By-law No. 5096-08.H to appoint an official responsible for Town contact and staff direction in the absence of the Chief Administrative Officer 5196-09 BEING A BY-LAW to allocate any 2009 Water and Wastewater Surplus or Deficit (related to report FS09-045 – Dec 1, 2009 General Committee meeting) Minutes of Council Meeting Tuesday, December 8, 2009 Page 11 of 11 5195-09 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 09-33 on December 8, 2009 CARRIED UNANIMOUSLY XV ADJOURNMENT Moved by Councillor MacEachern THAT the meeting be adjourned at 10:22 p.m. CARRIED THE MINUTES OF THE COUNCIL MEETING 09-33 WERE ADOPTED AT COUNCIL ON TUESDAY, JANUARY 26, 2010. _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK