MINUTES - Council - 20090721 TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 09-21
Council Chambers
Aurora Town Hall
Tuesday, July 21, 2009
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (arrived
at 8:08 p.m.), Collins-Mrakas (arrived at 7:52 p.m.),
Gaertner, Gallo, Granger (arrived at 7:06 p.m.),
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 7:03 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 Gallo Seconded by Councillor McRoberts
THAT the agenda as circulated by the Corporate Services Department,
with the following additional items, be approved:
Withdrawal of Delegation (c) – Mr. Ben Perry and Ms Susan
Chase, Prior & Prior Associates Ltd. and
Withdrawal of Item 12 – CS09-011 – IT Strategic Plan
- deferred to September 8, 2009 General Committee Meeting
Delegation (f) – Mr. Charles Sequeira, Aurora Seniors Association
Re: Item 20 - LS09-035 – Request for Liquor License
Delegation (g) – Mr. Scott Pogue
Re: Item 3 – TSAC09-05 – Traffic Safety Advisory Committee
Meeting Minutes - June 10, 2009
(4) TSAC09-008 – Parking on George Street
Delegation (h) – Ms Linda Shanks Skinner
Re: Item 3 – TSAC09-05 – Traffic Safety Advisory Committee
Meeting Minutes - June 10, 2009
(4) TSAC09-008 – Parking on George Street
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 2 of 22
Delegation (i) – Mr. Walter Mestrinaro
Re: Bylaw 5160-09 - BEING A BY-LAW to repeal By-law 5068-
08.H, to appoint a Deputy Clerk for the Corporation of the Town of
Aurora and to delegate certain authority to the Manager of
Administration for the Town of Aurora
Item 43 – Memorandum from Deputy Clerk
Re: Correspondence from Town of Newmarket – Community
Services Report - Commissioner 2009-82, Construction of Tom
Taylor Trail South of Mulock Drive
Item 44 – Memorandum from Manager of By-law Services
Re: Pet License Vendors’ Fees
By-law 5161-09 – BEING A BY-LAW to amend the Pet Licensing
Vendor’s Fees in By-law 4981-07.P
CARRIED
III OPEN FORUM
Mr. Klaus Wehrenberg addressed Council to ask that, as requested by Regional
officials, the Town of Aurora provide an official letter requesting that the four
grade separations along Leslie Street and St. John’s Sideroad be respected in
the environmental assessment and design phases of the projects pertaining to
grade separated crossings.
Mr. John Mahler addressed Council to raise concerns pertaining to the proposed
trail, which would run behind the homes on the west side of Benville Crescent
from Crossing Bridge Place to Evans Park. Mr. Mahler’s concerns included, but
were not limited to, the following:
- the opportunity for strangers to linger in the area of the park
- security concerns due to the backyards and back windows being in view
for hikers
- displacement of wildlife
- parking issues on Benville Crescent from hikers’ vehicles
- hiking trail originally proposed within the woods, not in view of the homes
- costs to the Town
Mr. Mahler also advised that two petitions have been submitted to the Town,
signed by the majority of homeowners on Benville Crescent; one about two years
ago and one four weeks ago.
Ms Sher St. Kitts addressed Council to advise of the Aurora Jazz + Festival
2009, taking place on Saturday, August 1, 2009 from 10:00 a.m. to 6:00 p.m. at
Town Park. Ms St. Kitts advised that the funds are being raised for Safehaven,
and she thanked the Aurora Farmers’ Market for being a sponsor.
IV ADOPTION OF MINUTES
Special Council - Public Planning Minutes of Wednesday, June 24, 2009
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the Special Council - Public Planning minutes of Wednesday, June
24, 2009 be adopted as printed and circulated.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 3 of 22
Council Minutes of Thursday, June 25, 2009
Moved by Councillor Gaertner Seconded by Councillor Granger
THAT the Council minutes of Thursday, June 25, 2009 be adopted as
printed and circulated.
CARRIED
V PRESENTATIONS
a) Mayor Morris and Ms Shelley, Ware, Special Events Coordinator
Re: Presentation to the Winner, 1st and 2nd Runners-up of
the 2009 Aurora Teen Idol Competition
Mayor Morris and Ms Shelley Ware presented a certificate and gift to the winner
of the Aurora Teen Idol Competition, Ms Mishaela Kostesky, the 1st Runner Up,
Ms Courtenay Field and the 2nd Runner Up, Ms Braedyn Ellis, and congratulated
them on their accomplishments.
b) Mayor Morris and Councillors
Re: Presentation to Ms Sher St. Kitts, Chair of the Canada Day
Parade Sub-Committee and its Members to Receive Council’s
Thanks in Appreciation for the Sub-Committee’s Contribution to
the Canada Day Parade
Mayor Morris and Council presented a certificate of appreciation to Ms Sher St.
Kitts, Chair of the Canada Day Parade Sub-Committee, and its members and
thanked them for their extensive efforts.
VI PUBLIC SERVICE ANNOUNCEMENTS
Mayor Morris advised of the Summer Concert Series taking place at Town Park,
including the following events:
July 22: Tartan Terrors
July 29: Fresh Horses, A Tribute to Garth Brooks
August 5: “Last Night at the Proms” Opera York Concert
August 12: Toronto All-Star Jazz Band
August 19: Benny and the Jets, Tribute to Elton John
Mayor Morris advised of the Aurora Kids – Swap Sale taking place on August 8,
2009 where youth under age 18 may purchase a site for $10 and sell or swap
their gently used items. Mayor Morris advised that the funds raised will be in
support of Safehaven.
Councillor McRoberts sent out belated happy birthday wishes to Ms Ada
Johnson, who turned 106 years of age on Friday, July 17, 2009.
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 2, 3, 4, 6, 10, 11, 13, 15, 17, 18 19, 20, 21, 32, 37, 38, 42 and By-law
5160-09 were identified for discussion.
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 4 of 22
VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor Gaertner 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. Memorandum from Town Solicitor regarding Finalization of the Integrity
Commissioner’s Contract and the Special General Committee Meeting
Minutes of Tuesday, April 21, 2009
THAT the memorandum from the Town Solicitor be received; and
THAT the minutes of the Special General Committee Meeting of April 21,
2009 be received and the recommendations carried by the committee be
approved.
5. EDAC09-05 & YWCSSC09-05 – Joint Meeting of the Economic Development
Advisory Committee and Yonge Wellington Corridor Study Steering
Committee - June 24, 2009
THAT the joint meeting minutes of the Economic Development Advisory
Committee and the Yonge Wellington Corridor Study Steering Committee
from the June 24, 2009 meeting be received and the recommendations
contained therein be approved.
7. Central York Fire Services – Joint Council Committee Meeting Minutes
February 10, 2009
THAT the Central York Fire Services – Joint Council Committee meeting
minutes of February 10, 2009 be received for information.
8. Central York Fire Services – Joint Council Committee Meeting Minutes
May 12, 2009
THAT the Central York Fire Services – Joint Council Committee meeting
minutes of May 12, 2009 be received for information.
9. Central York Fire Services – Joint Council Committee Meeting Minutes
June 30, 2009
THAT the Central York Fire Services – Joint Council Committee meeting
minutes of June 30, 2009 be received for information.
12. CS09-011 – IT Strategic Plan
WITHDRAWN
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 5 of 22
14. FS09-019 – Final Financial Report – Church Street School Cultural Centre
Project
THAT $226,722 of project funding be transferred from the construction
project capital budget account to a new capital project account for the
purposes of funding final sound system, staging, furniture and fixtures,
and millwork for the centre; and,
THAT a sub-committee be established for the acquisition of the sound
system, stage, millwork and furniture for the Church Street School Cultural
Centre to consist of two representatives of the centre, and a
representative from the Town’s Facilities and Property group of Leisure
Services; and,
THAT the sub-committee be directed to complete its project by December
31, 2009, with any then remaining uncommitted funds to be transferred to
the Church Street School Cultural Centre Capital Reserve Fund to provide
for future repairs and refurbishments of the facility.
16. FS09-033 – Procurement By-law Review Update Report
THAT report FS09-033 be received; and
THAT staff be authorized to procure and prepare for implementation a
procurement card solution, with final contract award and implementation to
be held pending a final report to Council of controls and processes
necessary for effective application of the solution at the Town of Aurora.
22. PL09-059 – Application for Exemption from Part Lot Control
CountryWide Homes at Aurora Inc.
Plan 65M-4079, Lots 5, 51, 52, 56, 58 and 59
File D12-PLC-05-09 (Related File D12-00-1A)
THAT Council approve the application for exemption from Part Lot Control
made by CountryWide Homes at Aurora Inc. to divide Lots 5, 51, 52, 56,
58 and 59, Plan 65M-4079 into twelve separate lots; and
THAT Council enact By-law 5156-09.
23. PL09-061 – Applications for Minor Site Plan Approval and to Amend the
Zoning By-law
Dean & Caroline McClelland
65 Wellington Street East, Lot 6, Plan 68
Files D11-08-09 and D14-15-08
THAT, subject to any issues or comments raised by Council, Minor Site
Plan Application D11-08-09 be approved to permit the construction of a
parking lot; and
THAT Council authorize the Mayor and Clerk to execute a Site Plan
Agreement between the Town, the owner and the Region of York to
facilitate the subject proposal; and
THAT Council enact implementing Zoning By-law 5155-09.
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 6 of 22
24. PL09-062 – Application for Exemption from Part Lot Control
Royalcliff Homes Bayview Inc.
Plan 65M-4079, Lots 7, 10, 36 and 38
File D12-PLC-04-09 (Related File D12-00-1A)
THAT Council approve the application for exemption from Part Lot Control
submitted by Royalcliff Homes Bayview Inc. to divide lots 7, 10, 36 and 38
on Plan 65M-4079 into eight (8) separate lots; and
THAT Council enact By-law 5157-09.
25. PL09-063 – Proposal to Amend the Subdivision Agreement
Brookvalley Developments (AURORA) Ltd.
Part of Lot 15, Concession 2, E.Y.S.
Reference File D12-05-02A
THAT Council endorse the proposal to amend the Brookvalley
Developments (AURORA) Ltd. subdivision agreement dated June 24,
2008 to replace the approved acoustical fence and plantings along the
Bayview Avenue and Vandorf Sideroad frontages with a combination of
earth berms, acoustical fence, chain link fencing and plantings as
reviewed by Town staff; and
THAT Council authorize the Mayor and Clerk to execute an amending
subdivision agreement.
26. PW09-040 – Award of Tender No. PW2009-52 Supply and Delivery of One
2009 Ice Resurfacer
THAT Tender No. PW2009-52 - Supply and Delivery of One 2009 Ice
Resurfacer be awarded to Zamboni Company Ltd. at the tendered price of
$81,792.61, excluding GST.
27. PW09-041 – Retaining Consulting Services for Operations Management
Training
THAT the Holbrow Group be awarded the assignment to provide
operations management training at an upset limit of $22,500, excluding
GST.
28. PW09-042 – Award of Tender No. LS2009-50 - Supply and Delivery of Five
Pick-up Trucks
THAT Tender No. LS2009-50 - for the Supply and Delivery of Five Half
Ton Pick-Up Trucks be awarded to Highland Chevrolet Cadillac Ltd. at the
tendered price of $17,902.21 per unit, excluding GST.
29. PW09-043 – Award of Tender No. PW2009-49 - Supply and Delivery of a
Dump/Sander/Plow Truck
THAT Tender No. PW2009-49 – Supply and Delivery of One Dump/
Sander/Plow Truck be awarded to Galloway Motors Ltd. at the tendered
price of $182,935.80, excluding GST.
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 7 of 22
30. PW09-047 – Acceptance of Municipal Services – Ballymore (Brentwood)
Development - Registered Plans 65M-3681, 65M-3682,
and 65M-3746
THAT Council accept the municipal services contained within Registered
Plans 65M-3681, 65M-3682, and 65M-3746, being Phases I and II of the
Ballymore (Brentwood) Subdivision as detailed in report PW09-046; and
THAT Council enact By-law 5158-09 for the assumption of the subject
municipal services; and
THAT the Director of Public Works be authorized to issue a Certificate of
Acceptance of Public Works for said lands as required under Section 3.10
of the Subdivision Agreement; and
THAT the Treasurer be directed to release the municipal servicing
securities held in relation to the Ballymore (Brentwood) Subdivision; and
THAT the Treasurer be directed to commence the collection of the
Sewage Pumping Station Flat Rate Charge from the benefitting property
owners in the amount of $14.87 per month on the water/sewer bill; and
THAT Council authorize the increase of the Brentwood operating revenue
and expense accounts from the current $1,200 to the full assumed
operating cost of $18,200.
31. Memorandum from Mayor Morris
Re: Recipients of the 2009 Town of Aurora Governance Awards
THAT the memorandum regarding the recipients of the 2009 Town of
Aurora Governance Awards be received for information.
33. Memorandum from Director of Financial Services/Treasurer
Re: Water Meter Reading Equipment Replacement Capital Project
Supplementary Information
THAT staff be directed to immediately proceed with replacing the water
meter reading equipment by issuing a Request for Proposal following the
Town’s procurement policies.
34. Memorandum from Director of Financial Services/Treasurer
Re: Update – Audit Report and Presentation of Findings –2008 Year End
THAT the letter from auditors Grant Thornton, dated July 9, 2009, be
received for information only.
35. Memorandum from Director of Financial Services/Treasurer
Re: Development Charges By-law Appeals Received
THAT the memo to Council regarding appeals of the Town’s Development
Charges By-law be received from the Treasurer for information only.
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 8 of 22
36. Memorandum from Chief Administrative Officer
Re: Outdoor Burning By-law
THAT this memorandum be received for information; and
THAT the Outdoor Burning By-law, endorsed by the Joint Council
Committee on May 12, 2009 and formatted in accordance with the Town
of Aurora’s policies, be adopted.
39. Correspondence from House of Commons
Re: Bill C-319 - An Act to Amend the Motor Vehicle Safety Act
(Speed Limiters)
THAT the correspondence from the House of Commons regarding speed
limiters be received for information.
40. Correspondence from Lake Simcoe Region Conservation Authority
Re: Bill 196 - Proposed Barrie-Innisfil Boundary Adjustment Act, 2009
THAT the correspondence from Lake Simcoe Region Conservation
Authority regarding the proposed Barrie-Innisfil Boundary Adjustment Act,
be received for information.
41. Resolution of the Town of Newmarket
Re: Resolution R6-2009 – Disposable Water Bottles
THAT the item be received and referred to the Environmental Advisory
Committee for consideration and advice.
43. Memorandum from Town Clerk
Re: Correspondence from Town of Newmarket – Community Services
Report - Commissioner 2009-82, Construction of Tom Taylor Trail
South of Mulock Drive
(Added Item)
THAT the correspondence be received for information and referred to
Leisure Services staff.
44. Memorandum from Manager of By-law Services
Re: Pet License Vendors’ Fees
(Added Item)
THAT By-law 5161-09 be adopted to amend By-law 4981-07.P to establish
the fees paid to the Pet License Vendors of $10.00 per dog and $5.00 per
cat with a $15.00 maximum per household fee to align with the contract to
be executed with the Pet License Vendors.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 9 of 22
IX DELEGATIONS
a) Mr. Bernard A. Moyle, Property Manager,
York Region Vacant Land Condominium Number 1086
Re: Item 2 - LSAC09-06 June 18, 2009 Leisure Services Advisory
Committee Meeting Minutes
(1) LS09-026 - Pedestrian Trail Connection, Elizabeth
Hader Park to Kennedy Street West
Mr. Bernard Moyle addressed Council in opposition of option A pertaining
to the pedestrian trail connection – Elizabeth Hader Park to Kennedy
Street West, outlined in report LS09-026 presented at the June 18, 2009
Leisure Services Advisory Committee meeting. Mr. Moyle advised that he
would like to work collaboratively with the Town, and suggested that
option B, which is the preferred trail route of the Leisure Services Advisory
Committee, would be the best compromise.
Moved by Councillor Granger Seconded by Councillor Gaertner
THAT the comments of the delegate be received for information and
referred to item 2.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT item 2 be brought forward for discussion.
CARRIED
2. LSAC09-06 – Leisure Service Advisory Committee Meeting Minutes
June 18, 2009
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the Leisure Services Advisory Committee minutes from the June
18, 2009 meeting be received and the recommendations contained therein
be approved.
CARRIED
b) Mr. Bob Green, Architect, Climans Green Liang Architects Inc.
Re: Item 10 - BA09 -005 – Request for Sign Variance –
14800 Yonge Street (Aurora Shopping Centre)
Mr. Bob Green addressed Council to present alternative design options,
for Council’s consideration, which were reduced in sign area, thereby
reducing the impact of the requested variance.
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the comments of the delegate be received for information and
referred to item 10.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT item 10 be brought forward for discussion.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 10 of 22
10. BA09-005 – Request for Sign Variance – 14800 Yonge Street
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the signage be approved as presented by the delegate, titled
“proposed pylon sign (revised) Yonge Street” and “proposed pylon
sign (revised) Murray Drive”.
CARRIED UNANIMOUSLY
c) Mr. Ben Perry and Ms Susan Chase, Prior & Prior Associates Ltd.
Re: Item 12 – CS09-011 – IT Strategic Plan
WITHDRAWN
d) Mr. Klaus Wehrenberg
Re: Item 18 - LS09-032 – Healthy Communities Grant Application
Mr. Klaus Wehrenberg addressed Council in support of the Ministry of
Health promotion for a Health Communities Grant for funding of a portion
of the Municipal Trail Master Plan project cost. Mr. Wehrenberg advised
that there is a small window of opportunity and confirmed that, as a
condition, a third-party partner must be obtained.
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT the comments of the delegate be received for information and
referred to item 18.
CARRIED
Moved by Councillor Gaertner Seconded by Councillor Wilson
THAT item 18 be brought forward for discussion.
CARRIED
18. LS09-032 – Healthy Communities Grant Application
Moved by Councillor MacEachern Seconded by Councillor Wilson
THAT Council approve the development of a Municipal Trail Master Plan
to assist the Trails Sub-Committee with the review and policy and planning
work subject to receipt of funds; and
THAT Council authorize staff to apply to the Ministry of Health promotion
for a Healthy Communities Grant, not to exceed $60,000.00, for funding of
a portion of the Municipal Trail Master Plan project cost; and
THAT the Trails Sub-Committee obtain a third-party partner to satisfy the
requirements of the Ministry of Health Promotion Grant criteria.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 11 of 22
e) Mr. Dave Giroux
Re: Item 19 - LS09-033 – Tender LS2009-61 Stewart Burnett Park
Baseball Diamond
Mr. Dave Giroux addressed Council in support of alternative #1 to the
recommendation, outlined in report LS09-033. Mr. Giroux indicated that
this option would include the construction of a home batting cage and
would have the Aurora Minor Ball Association commit to fund 10% of the
non-development charge portion of the cost.
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the comments of the delegate be received for information and
referred to item 19.
CARRIED
Moved by Councillor Gaertner Seconded by Councillor Wilson
THAT item 19 be brought forward for discussion.
CARRIED
19. LS09-033 – Tender LS2009-61 Stewart Burnett Park Baseball Diamond
Moved by Councillor MacEachern Seconded by Councillor Buck
THAT Council accept the low tender, submitted by S&F Excavating
Limited in response to Tender LS2009-61 for the construction of the
Stewart Burnett Park Senior Baseball Diamond in the amount of $951,000,
which includes a home batting cage, plus G.S.T.; and
THAT the budget be revised and excess funds returned to the source.
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
f) Mr. Charles Sequeira, Aurora Seniors Association
Re: Item 20 - LS09-035 – Request for Liquor License
(Added Item)
Mr. Charles Sequeira addressed Council to request that the Town of
Aurora be the holder of the liquor license for the Aurora Seniors Centre
(ASA), for which the ASA will apply and pay.
Moved by Councillor Buck Seconded by Councillor Granger
THAT the comments of the delegate be received for information and
referred to item 20.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 12 of 22
Moved by Councillor Granger Seconded by Councillor Collins-Mrakas
THAT item 20 be brought forward for discussion.
CARRIED
20. LS09-035 – Request for Liquor License
Moved by Councillor Granger Seconded by Councillor Gaertner
THAT the matter be referred to staff for a response to the letter
presented by the Aurora Seniors Association, including options, to
be provided for the next available Council meeting.
CARRIED
g) Mr. Scott Pogue
Re: Item 3 – TSAC09-05 – Traffic Safety Advisory Committee Meeting
Minutes - June 10, 2009
(4) TSAC09-008 – Parking on George Street
(Added Item)
The delegate was not in attendance.
h) Ms Linda Shanks Skinner
Re: Item 3 – TSAC09-05 – Traffic Safety Advisory Committee Meeting
Minutes - June 10, 2009
(4) TSAC09-008 – Parking on George Street
(Added Item)
Ms Linda Shanks Skinner addressed Council on behalf of herself and Mr.
Scott Pogue regarding parking on George Street. Ms Shanks Skinner
advised that, although parking on both sides of George Street has always
been a problem, she and Mr. Pogue do not want to lose parking privileges
in front of their own homes. As well, Ms Shanks Skinner raised concern
regarding speeding, once parking is prohibited. Ms Shanks Skinner
presented the option of a parking permit for home owners, for
consideration.
Moved by Councillor Gallo Seconded by Councillor Granger
THAT the comments of the delegate be received for information and
referred to item 3.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT item 3 be brought forward for discussion.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 13 of 22
3. TSAC09-05 –Traffic Safety Advisory Committee Meeting Minutes
June 10, 2009
(4) TSAC09-008 – Parking on George Street
Moved by Councillor Granger Seconded by Councillor Gallo
THAT the matter be referred back to the Traffic Safety Advisory
Committee in order to consider the comments of Ms Linda Shanks
Skinner; and
THAT the affected residents be contacted and advised of the meeting
date for the Traffic Safety Advisory Committee at which the matter
will be considered.
CARRIED
Moved by Councillor Gallo Seconded by Councillor Granger
THAT the balance of the Traffic Safety Advisory Committee minutes from
the June 10, 2009 meeting be received and the recommendations
contained therein be approved.
CARRIED
i) Mr. Walter Mestrinaro
Re: Bylaw 5160-09 - BEING A BY-LAW to repeal By-law 5068-08.H, to
appoint a Deputy Clerk for the Corporation of
the Town of Aurora and to delegate certain
authority to the Manager of Administration for
the Town of Aurora
(Added Item)
Mr. Walter Mestrinaro addressed Council to identify the change in wording
between By-law 5058-08.H and By-law 5160-09, pertaining to
responsibilities of Freedom of Information requests. Mr. Mestrinaro also
raised a concern regarding his Freedom of Information request and the
fact that he feels he did not receive the answers that he deserves from
previous staff.
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the comments of the delegate be received for information and
referred to By-law 5160-09.
CARRIED
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT By-law 5160-09 be brought forward for discussion.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 14 of 22
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
5160-09 BEING A BY-LAW to repeal By-law
5068-08.H, to appoint a Deputy
Clerk for the Corporation of the Town
of Aurora and to delegate certain
authority to the Manager of
Administration for the Town of
Aurora
CARRIED
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT item 11 be brought forward for discussion.
CARRIED
11. BA09-006 – Request for Sign Variance to Sign By-law 4898-07.P
Bank of Montreal – 668 Wellington Street East
Moved by Councillor Wilson Seconded by Councillor Granger
THAT Council approve a request for sign variance to permit wall signs on
four elevations, specifically one wall sign on the West Elevation having a
maximum sign area of 55 square feet and one wall sign on the South
Elevation having a maximum sign area of 76 square feet, for the Bank of
Montreal at 668 Wellington Street East whereas the Sign Bylaw restricts
wall signs to two elevations.
CARRIED
Moved by Councillor Wilson Seconded by Councillor Gaertner
THAT the Procedural By-law be waived in order to bring forward Closed
Session item 1 for discussion.
CARRIED
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT Council resolve into a Closed Session to consider item 1 of the
Closed Session agenda - advice that is subject to solicitor-client privilege,
including communications necessary for that purpose (Code of Conduct
complaint).
CARRIED
Council recessed into closed session at 10:12 p.m.
Councillor Buck left the meeting at 10:12 p.m.
Council reconvened in open public session at 10:48 p.m.
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 15 of 22
XIII CLOSED SESSION AGENDA
Rise & Report Public Session Resolution
Moved by Councillor Gaertner Seconded by Councillor Granger
WHEREAS Council has reasonable and probable grounds for believing
that Councillor Buck has breached the Town’s Council Code of Conduct;
AND WHEREAS published comments made by Councillor Buck have
been reviewed and have been determined by the Town's legal counsel
and by Council to have the potential to cause harm to the Town and its
staff;
AND WHEREAS the Town's legal counsel conducted a thorough review of
a select group of blog postings by Councillor Buck and concluded that
they contravened numerous provisions of the Council Code of Conduct,
which included unfounded and unmerited public criticism of staff in a
manner that unjustifiably maligned their professional competence and
credibility;
AND WHEREAS there have been two unsuccessful informal attempts
made by Council, one verbal and one in writing, requesting that Councillor
Buck apologize for the statements and publications she has made about
Town staff, retract them and agree to abide by the Council Code of
Conduct;
AND WHEREAS Councillor Buck has refused both informal requests;
AND WHEREAS Council seeks to remedy any possible damage that has
been inflicted upon members of Town staff who have had their
professional competence and credibility questioned and disparaged in
public;
AND WHEREAS Council deems it imperative to publicly state that it has
full confidence in the integrity and competence of Town staff;
THEREFORE BE IT RESOLVED THAT Council report out on this matter
this evening;
AND THAT a formal complaint pursuant to the Council Code of Conduct
be filed on July 22, 2009 with the Town's Integrity Commissioner;
AND FURTHER THAT a public statement from Council related to this
matter be read out in open session this evening by the Mayor, be
published in both local newspapers and posted on the Town's website as
of July 22, 2009;
AND FURTHER THAT the legal opinion from Aird & Berlis LLP to Council
dated July 16, 2009 be made public this evening and also posted on the
Town's website as of July 22, 2009.
On a recorded vote the resolution was CARRIED.
Councillor Buck was not in attendance.
YEAS: 6 NAYS: 2
VOTING YEA: Councillors Gaertner, Gallo, Granger, MacEachern, Wilson and
Mayor Morris
VOTING NAY: Councillors Collins-Mrakas and McRoberts
(The public statement read out in open session can be viewed at www.e-aurora.ca)
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 16 of 22
Moved by Councillor McRoberts Seconded by Councillor MacEachern
THAT the meeting be extended in order to address the remaining agenda
items.
CARRIED
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
4. YWCS09-02 – Yonge Wellington Corridor Study Steering Committee
Meeting Minutes – May 13, 2009
Moved by Councillor McRoberts Seconded by Councillor MacEachern
THAT the Yonge Wellington Corridor Study Steering Committee minutes
from the May 13, 2009 meeting be received and the recommendations
contained therein be approved.
CARRIED
6. HAC09-06 – Heritage Advisory Committee Meeting Minutes
July 13, 2009
Moved by Councillor Granger Seconded by Councillor Collins-Mrakas
THAT the Heritage Advisory Committee minutes from the July 13, 2009
meeting be received and the recommendations contained therein be
approved.
CARRIED
15. FS09-032 – 2010 Budget Preparation and Draft Council Review Meeting
Schedule
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT staff proceed to develop the 2010 operating and capital budgets,
following the general principles and directions outlined in report FS09-032;
and
THAT the proposed 2010 budget preparation and Special General
Committee review meetings schedule be received; and
THAT the Town Clerk be directed to formally schedule the Special
General Committee meetings for purposes of budget review, set out in
Attachment #2.
CARRIED
17. FS09-034 – Capital Projects Financial Position Report as of May 21, 2009
Moved by Councillor Gaertner Seconded by Councillor MacEachern
THAT report FS09-034 be received from management; and
THAT the project closures and capital funding adjustments outlined in
Attachments #1 and #2, as summarized in Attachment #3, be approved;
and
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 17 of 22
THAT where applicable, the Treasurer is hereby authorized to amend the
capital project funding of any project which has received, or in the future
does receive, any grant or donation funding, in a way as to simply return
prior approved funding to source, and replace with the grant or donation
amount, and not to increase the total approved project budget; and
THAT item 4 be deleted from Attachment #1 and that the project
remain open until further staff investigation has been completed.
CARRIED
21. PL09-058 – Approval of Contract – Consultant Retainer for the Five Year
Official Plan Review
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT Council appoint up to four members of Council to participate in a
single Steering Committee for the 2C Secondary Plan as well as the Five
Year Official Plan Review; and
THAT a contract be approved to retain the consulting team led by The
Planning Partnership to undertake the Five Year Official Plan Review to
an upset limit of $260,719.73 ($248,304.50 excluding GST); and
THAT the Mayor and Clerk be authorized to sign the necessary
documents.
CARRIED
32. Memorandum from Councillor Granger
Re: Request for Extension of Hours for August 8, 2009 – Farmers’ Market
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT Council approve the request, on behalf of the Farmers’ Market,
to extend the hours of the permit for Town Park on August 8, 2009
from the current 1:00 p.m. to 3:00 p.m. in order to facilitate the Aurora
Youth Swap and Sale.
On a recorded vote the resolution was CARRIED UNANIMOUSLY.
Councillor Buck was absent.
YEAS: 8 NAYS: 0
VOTING YEA: Councillors Collins-Mrakas, Gaertner, Gallo, Granger,
MacEachern, McRoberts, Wilson and Mayor Morris
VOTING NAY: None
38. Adoption of Recommendations from Closed Session Meeting - June 9, 2009
Moved by Councillor Gaertner Seconded by Councillor Gallo
THAT the recommendations from the Closed Session meeting held on June
9, 2009 regarding the following matters be approved:
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 18 of 22
1. Personal matters about an identifiable individual, including
municipal or local board employees
THAT Heather Cole be appointed to the Environmental
Advisory Committee.
(As reported out June 9, 2009)
2. Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board
Adoption of Recommendations from Closed Session Meeting - June 16, 2009
THAT the recommendations from the Closed Session meeting held on
June 16, 2009 regarding the following matters be approved:
1. 2 items regarding proposed or pending acquisitions or disposition of
land for municipal or local board; and
2. 2 items regarding litigation or potential litigation, including matters
before administrative tribunals, affecting the municipality or local board;
and
3. Advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; and
4. Personal matters about an identifiable individual, including municipal or
local board employees
THAT the information with respect to the Ontario Heritage Trust
Community Recognition Award Program be received; and
THAT Ms Dorothy Clark McClure be nominated for the Ontario Heritage
Trust Community Recognition Award, Lt. Governor Ontario Heritage
Award for Lifetime Achievement Category (25 years or more); and
THAT Mr. Harry Lumsden be nominated for the Ontario Heritage Trust
Community Recognition Award in the Lifetime Achievement Category (20-
24 years); and
THAT Ms Elizabeth Milner be nominated for the Ontario Heritage Trust
Community Recognition Award in the Cultural Heritage Category; and
THAT Mrs. Irene Clement and Mr. John Clement be nominated for the
Ontario Heritage Trust Community Recognition Award in the Natural
Heritage Category; and
THAT the Aurora Historical Society be nominated for the Ontario Heritage
Trust Community Recognition Award in the Built Heritage Category; and
THAT Mr. Robert Hess and Mr. Michael Hess be nominated for the
Ontario Heritage Trust Young Heritage Leaders.
(As reported out June 16, 2009)
On a recorded vote the resolution was CARRIED UNANIMOUSLY.
Councillor Buck was absent.
YEAS: 8 NAYS: 0
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 19 of 22
VOTING YEA: Councillors Collins-Mrakas, Gaertner, Gallo, Granger,
MacEachern, McRoberts, Wilson and Mayor Morris
VOTING NAY: None
Adoption of Recommendations from Closed Session Meeting - June 25, 2009
Moved by Councillor McRoberts Seconded by Councillor MacEachern
THAT the recommendations from the Closed Session meeting held on
June 25, 2009 regarding the following matter be approved:
1. A proposed or pending acquisition or disposition of land for municipal
or local board
CARRIED
Moved by Councillor Gaertner Seconded by Councillor MacEachern
THAT the recommendations from the Closed Session meeting held on
June 25, 2009 regarding the following matter be approved:
2. Advice that is subject to solicitor-client privilege, including
communications necessary for that purpose
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the Procedural By-law be waived in order to make a motion
regarding a matter raised in Open Forum.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the matter raised in Open Forum by Mr. John Mahler regarding
Benville Trail be referred back to the Leisure Services Advisory Committee
for inclusion on their September 17, 2009 agenda.
CARRIED
13. CS09-013 – Council Pending List
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT report CS09-013 be deferred to the next meeting.
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 20 of 22
37. Memorandum from Director of Finance/Treasurer and Town Solicitor
Re: Additional Details of Legal Division Expenses and Forecast
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT the memo to Council regarding additional details of the Legal
Services Division’s operating expenses and forecast be received from the
Treasurer and Town Solicitor for information only.
CARRIED
42. Correspondence from the Region of York
Re: A Region-Wide Commitment to Address Inflow and Infiltration and
Consultant Award
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the resolution from the Region of York, regarding a Region-
wide commitment to address Inflow and Infiltration, be endorsed by
Council.
CARRIED
XI REGIONAL REPORT
York Region Council Highlights - June 25, 2009 - Mayor’s Report
Moved by Councillor Wilson Seconded by Councillor Granger
THAT the Regional Report be received for information.
CARRIED
XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Councillor Collins-Mrakas congratulated the winners of the Aurora Teen Idol
Competition and the Canada Day Parade Sub-Committee members, and
apologized for having been late for the meeting, due to a work commitment, and
therefore missing the presentations.
Councillor MacEachern advised that the comments made by Mr. Klaus
Wehrenberg in Open Forum, regarding grade separated crossings of Regional
roads, is addressed on page 17 of report CS09-013 – Council Pending List, item
LS33.
XIII CLOSED SESSION AGENDA (continued)
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT the following closed session matters be deferred to the next
available Council meeting:
• personal matters about an identifiable individual, including
municipal or local board employees (three items)
CARRIED
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 21 of 22
XIV READING OF BY-LAWS
Moved by Councillor Wilson Seconded by Councillor Gallo
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
5111-09 BEING A BY-LAW to
regulate outdoor burning
(related to Item 36)
On a recorded vote the by-law was enacted and the motion was CARRIED
UNANIMOUSLY.
Councillor Buck was absent.
YEAS: 8 NAYS: 0
VOTING YEA: Councillors Collins-Mrakas, Gaertner, Gallo, Granger,
MacEachern, McRoberts, Wilson and Mayor Morris
VOTING NAY: None
Moved by Councillor McRoberts Seconded by Councillor Granger
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
5155-09 BEING A BY-LAW to amend
Zoning By-law No. 2213-78, as
amended (65 Wellington Street East)
(related to Item 23 - PL09-061)
5156-09 BEING A BY-LAW to exempt
Lots 5, 51, 52, 56, 58 and 59 on
Plan 65M-4079 from Part-lot Control
(Country Wide Homes at Aurora Inc.)
(related to Item 22 - PL09-059)
5157-09 BEING A BY-LAW to exempt
Lots 7, 10, 36 and 38 on Plan
65M-4079 from Part-lot Control
(Royalcliff Homes Bayview Inc.)
(related to Item 24 - PL09-062)
5158-09 BEING A BY-LAW to assume above
ground and below ground municipal
services; to establish certain lands;
and to assume highways [Ballymore
(Brentwood) Subdivision]
(related to Item 30 - PW09-047)
5161-09 BEING A BY-LAW to amend the Pet
Licensing Vendor’s Fees in By-law
4981-07.P
Minutes of Council Meeting
Tuesday, July 21, 2009
Page 22 of 22
5159-09 BEING A BY-LAW to confirm actions by
Council Resulting from Council Meeting
09-21 on July 21, 2009
CARRIED
Note: By-law 5160-09 was enacted earlier in the meeting.
XV ADJOURNMENT
Moved by Councillor Gaertner
THAT the meeting be adjourned at 12:20 a.m.
CARRIED
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK