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MINUTES - Council - 20100330 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 10-08 Council Chambers Aurora Town Hall Tuesday, March 30, 2010 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gallo (arrived at 10:01 p.m.), Granger, MacEachern and McRoberts MEMBERS ABSENT Councillors Gaertner and Wilson OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Parks Manager, Director of Planning and Development Services, Director of Infrastructure and Environment Services, Director of Corporate and Financial Services/Treasurer, Manager of Legislative Services/Deputy Clerk and Youth Councillor, Adrian Bulfon 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 MacEachern Seconded by Councillor Granger THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following addition:  York Region Council Highlights – March 25, 2010, Mayor’s Report  Re: Replacement Schedule of Councillor Remuneration Expenses Item # 5 (page 32) - CFS10-006 - Statement of Remuneration and Expenses for Members of Council, Committees and Local Boards  By-law Number 5228-10, BEING A BY-LAW to amend the Council Code of Conduct  By-law Number 5229-10, BEING A BY-LAW to appoint an Integrity Commissioner CARRIED Council Meeting Minutes Tuesday, March 30, 2010 Page 2 of 11 III OPEN FORUM Ms Susan Walmer addressed Council to clarify her delegation made at the March 23, 2010 General Committee meeting to reiterate that it was about the economic value of protecting the forested lands, the importance of entering into the agreement for the McLeod Woodlot to protect the forested land, the value of the lands to the community and that a tax exemption can only be applied when the lands are rezoned for which the deadline would be July 31 for the following year. Ms Walmer advised Council of the Aurora Community Heritage Fair to be held on Wednesday, April 21, 2010 at 6:00 p.m., held at by St. Andrew’s College. The Fair is for children from grades 4 to 8 to present their Canadian projects. Ms Walmer advised that volunteers are needed for the Fair and she extended an invitation to Mayor and Council to attend. IV ADOPTION OF MINUTES Council Minutes of Tuesday, March 9, 2010 and Special Council, March 23, 2010 Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas THAT the Council minutes of Tuesday, March 9, 2010 and Special Council minutes of Tuesday, March 23, 2010 be adopted as printed and circulated. CARRIED V PRESENTATIONS None VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that she, along with Lois Brown, MP and Dr. Helen Jaczek, MPP were at Sheppards Bush Conservation Area along with the Chair of the Lake Simcoe Region Conservation Authority and the Windfall Ecology Centre representative to receive $255,000 from both levels of government for upgrades to the Henry Sheppard House. Mayor Morris expressed her congratulations to the Windfall Ecology Centre and the Lake Simcoe Region Conservation Authority. Mayor Morris advised that she is aware of the public’s interest regarding the GO Transit routes in Aurora and how it is impacting the community and advised that Frank Klees, MPP, is actively pursuing the matter and if anyone has questions or concerns they should contact Mr. Rick Leary, General Manager of VIVA York Region, at 1-866-758-0749 ext 5625. Mayor Morris advised of the 5 light fixtures that have been installed for a 3 month period on Murray Drive just north of Golf Links Drive. The Town of Aurora is asking for the public’s comments regarding the look and feel of the lights. Mayor Morris advised that the Department is asking residents to submit their feedback, about this LED project, using the Town of Aurora website survey or by picking up a comment card available at Town Hall. Council Meeting Minutes Tuesday, March 30, 2010 Page 3 of 11 Mayor Morris advised that Ms Eileen Dinning, a volunteer at Info-Aurora, is has a family member travelling to Nicaragua in September and is asking for donations of baseball caps to help prevent sun and eye damage to the people of Nicaragua. Mayor Morris advised that anyone is interested in donating baseball caps please contact Eileen Dinning or drop any baseball caps at the Info-Aurora front desk. Mayor Morris advised that Dan Hargrave, resident of Aurora, who recently delegated to Council, received his second double-lung transplant and is doing remarkably well and Mayor Morris sends the Town’s best wishes to Dan, his family, team of Doctors and the donors family and advised that the Organ Donor Program is always in need of new donors. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 Delegation (b), 1(12), 4, 6 and deferred items from the March 23, 2010 General Committee meeting items, 1(6), 6 and 7 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 2, 3, 5, and deferred items from the March 23, 2010 General Committee meeting items 10 and 14 were identified as items not requiring separate discussion. Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas 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 Mayor Morris Re: Correspondence Received from York Region Environmental Alliance THAT the correspondence received from York Region Environmental Alliance be received for information. 3. Memorandum from Mayor Morris Re: Habitat Improvement Project at Highland Gate Golf Course Presentation to Council (two minute video) THAT Council receive the Habitat Improvement Project at Highland Gate Golf Course presentation for information. 5. CFS10-006 – Statement of Remuneration and Expenses for Members of Council, Committees and Local Boards THAT report CFS10-006 be received for information purposes. 10. PR10-011 - 2010 Community Grant Requests (deferred from the March 23 General Committee meeting) THAT the 2010 Community Grant requests received from the Aurora Garden and Horticultural Society (AGHS) and 140 Aurora Air Cadet Squadron be approved in the amount of $1,800.00. Council Meeting Minutes Tuesday, March 30, 2010 Page 4 of 11 14. PL10-022 - Revisions to the Contract – Consultant Retainer for the 2C Secondary Plan (deferred from the March 23 General Committee meeting) THAT, the executed contract with the Planning Partnership pertaining to the 2C Secondary Plan be revised to include additional peer reviews and Environmental Assessment (EA) requirements and increased by $59,100 to a total contract value of $243,960 (excluding GST). CARRIED IX DELEGATIONS (a) Ms Sher St. Kitts and Mr. John Cappelletti Re: Item 4 - Memorandum from Councillor MacEachern Re: Notice of Motion – Aurora Miler Ms Sher St. Kitts addressed the Committee to request that the Aurora Miler event become part of the Aurora Canada Day Parade. Ms St. Kitts then introduced Mr. John Cappelletti who proposed that this event start off the Canada Day Parade. Mr. Cappelletti advised that this type of event is easily marshaled and may have a wide appeal with runners and walkers wanting to participate. Ms St. Kitts advised that the Canada Day Parade kick off party is at Jonathan's Fine Foods in Aurora on April 21, 2010. Moved by Councillor MacEachern Seconded by Councillor Granger THAT the comments of the delegate be received for information and referred to item 4. CARRIED Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT item 4 be brought forward for discussion. CARRIED 4. Memorandum from Councillor MacEachern Re: Notice of Motion – Aurora Miler (Notice of Motion provided at March 23, General Committee) Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council approve the Aurora Miler in principle, as outlined in the attached proposal as submitted by the Aurora Miler organizers; and FURTHER THAT staff report back to Council in a timely fashion seeking final approval. CARRIED Council Meeting Minutes Tuesday, March 30, 2010 Page 5 of 11 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the Procedural By-law be waived to allow item 3 (a two minute video) regarding Habitat Improvement Project at Highland Gate Golf Course be shown. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the two minute video regarding Habitat Improvement Project at Highland Gate Golf Course be received for information. CARRIED 1. General Committee Meeting Minutes, Tuesday, March 23, 2010 Delegation (b) Ms Susan Walmer, on behalf of the Oak Ridges Moraine Land Trust, Re: Item 13 - PR10-014 - McLeod Wood Nature Reserve Moved by Councillor MacEachern Seconded by Councillor Granger THAT the minutes of the March 23, 2010 General Committee meeting be revised to reflect the delegates comments as: Ms Walmer provided the Committee with an overview of the economic and environmental benefits of the McLeod Woodlot and expressed her sincere appreciation that the McLeod Wood Nature Reserve in Aurora is being protected and commended Council and staff for supporting this initiative and advised that the Oak Ridges Moraine Land Trust is not able to apply for the tax exemption until the rezoning takes place. CARRIED (12) PR10-013 - Peace Flame Tree Moved by Councillor McRoberts Seconded by Councillor Granger THAT the Church Street School Cultural Centre Board be requested to assist in the development of a public Art Policy for Council’s consideration. CARRIED Moved by Councillor McRoberts Seconded by Councillor Granger THAT Council approve installation of the Peace Flame Tree at Town Hall with the specific location to be determined by staff taking into consideration concerns raised at the General Committee meeting of March 23, 2010. On a recorded vote the motion was CARRIED AS AMENDED. Council Meeting Minutes Tuesday, March 30, 2010 Page 6 of 11 YEAS: 4 NAYS: 2 VOTING YEAS: Councillors Collins-Mrakas, Granger, MacEachern and Mayor Morris VOTING NAYS: Councillors Buck, and McRoberts Councillors Gaertner, Gallo and Wilson were absent. Moved by Councillor McRoberts Seconded by Councillor Granger THAT the balance of the minutes of the General Committee meeting of March 23, 2010 be received and the recommendations carried by the committee be approved. CARRIED 6. CLS10-009 – Town Hall Receptionist Positions Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT Council approve the conversion of the two permanent part-time Receptionist positions at Town Hall to a single full-time position and that the full-time staff complement be increased by one and eliminate two part time positions. CARRIED (ITEMS DEFERRED FROM GENERAL COMMITTEE – MARCH 23, 2010) 1. AAC10-03 – Accessibility Advisory Committee Meeting Minutes of March 3, 2010 (6) Site Plan Application (Submission #1) Coland Developments Inc. 222, 230, 236, 244 Wellington Street East File No. D11-11-08 (A) (Added Item) Moved by Councillor Granger Seconded by Councillor Collins-Mrakas THAT the Accessibility Advisory Committee recommend to Council, it be requested to consider the following suggested amendments to the Site- Plan application from Coland Developments Inc.: • addition of an elevator to the proposed building at 222 Wellington Street East; and • addition of a pedestrian cross-walk and appropriate curb depressions to allow at-grade access between 230 and 244 Wellington Street East at the South end; and • appropriate curb cuts and depressions to provide at-grade access across the break in sidewalks at loading area located on the east side of 236 Wellington Street East; and • additional designated accessible parking for 222 Wellington Street East; and Council Meeting Minutes Tuesday, March 30, 2010 Page 7 of 11 THAT the balance of the Accessibility Advisory Committee meeting minutes of March 3, 2010 be received for information and the recommendations contained therein be approved. CARRIED 6. CAO10-003 - York Region Courts for Provincial Offences Proposed Amendments to Inter-Municipal Agreement Moved by Councillor Granger Seconded by Councillor MacEachern THAT Council receive for information Report No. 8 of the Region of York Finance and Administration Committee “Provincial Offences Act Courts Amended Intermunicipal Agreement” that was adopted by Council of the Region of York on November 19, 2009; and THAT Council endorse the Region of York’s proposal to execute a new “York Region Courts Inter-Municipal Agreement” amending the current funding distribution as follows: a) Funding distributed to the local municipalities be increased from $2.9 million to $4.3 million in 2010; b) The Region to retain all revenue except those specifically resulting from local municipal prosecutions commencing in 2011; c) The Total amount of $4.3 million be transferred from the Region to the local portion of the property tax bill commencing in 2011, effecting a transfer of tax room to the Town of Aurora in the amount of $209,641.00; and THAT Council authorize the Chief Administrative Officer to negotiate a new inter-municipal agreement to be developed and executed for York Region courts, reflecting this new funding distribution as described in Recommendation number two above and an appropriate governance model that will ensure equitable, high quality and accountable court services to the Town of Aurora; and THAT staff report back with the draft agreement for consideration by Council. CARRIED 7. CLS10-007 - Pending List Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT item NB76 of the Pending List be deleted. CARRIED Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas THAT report CS10-007 be received for information. CARRIED Council Meeting Minutes Tuesday, March 30, 2010 Page 8 of 11 XI REGIONAL REPORT York Region Council Highlights – March 25, 2010, Mayor’s Report Moved by Councillor MacEachern Seconded by Councillor Granger THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS Councillor Collins-Mrakas provided a Notice of Motion requesting that the Aurora Town Council formally request the Minister of Municipal Affairs and Housing to exercise his authority under the Strong Communities Act and or the amended Planning Act to declare an interest in the appeal of Westhill Redevelopment Company Limited, proposed golf course and condominium development, currently before the Ontario Municipal Board launched by Westhill. Councillor Buck provided a Notice of Motion to request reconsideration of the motion regarding the marker at McKenzie Marsh. Mayor Morris advised that court decision had been received and that no costs were awarded against the Town or residents with respect to the Westhill Development appeal and requested that the Town Solicitor confirm this information. Mr. Cooper confirmed that submissions were heard regarding the costs and the Divisional Court ruled that no costs would be awarded against the Town as had been requested by Westhill. Councillor McRoberts advised of the Easter Egg Hunt on Saturday, April 3, 2010 being held at the Seniors Centre at 10:00 a.m. until noon, children 12 and under are $5.00 per child and parents are free. Councillor McRoberts advised that tickets must be purchased in advance and can be purchased at the Stronach Aurora Recreation Centre or the Aurora Family Leisure Complex. Councillor McRoberts added that pancakes are available as well. Mayor Morris advised that the Pancake Breakfast is being held by the Aurora Seniors Association and the Optimists Club for a nominal fee. Councillor Buck asked who designed the poster for the Easter event, to which the Chief Administrative Officer replied that he will investigate and advise the Councillor but believed it was either Communications or Special Events staff. Councillor Buck congratulated staff for the beautiful work. XIII CLOSED SESSION Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT Council receive the correspondence from Ms Christine Sadler for information; and THAT Council resolve into a Closed Session, following adjournment, to consider: 1) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (Deferred from the March 23 General Committee meeting) Council Meeting Minutes Tuesday, March 30, 2010 Page 9 of 11 • Westhill Redevelopment Company Limited, Ontario Municipal Board Appeal to receive additional information regarding proceeding • Correspondence from Ms Christine Sadler Member of “The Friends of the Bloomington Wetlands” (Delegate at the March 23, 2010 General Committee Meeting) 2) Personal matters about an identifiable individual, including municipal or local board employees; • CAO10-004 – Services Contract for the Integrity Commissioner for the Town of Aurora 3) Labour relations or employee negotiations; • CUPE Negotiations Strategy and Direction, o Current contract expires March 31, 2010 CARRIED Council recessed at 8:54 p.m. to resolve into Closed Session. Council reconvened at 10:55 p.m. Councillors Gaertner and Wilson were absent Closed Session - Rise and Report 2. Personal matters about an identifiable individual, including municipal or local board employees; • CAO10-004 – Services Contract for the Integrity Commissioner for the Town of Aurora Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council approve the Services Contract for the provision of Integrity Commissioner services to be provided by David Tsubouchi; and THAT the Mayor and Clerk be authorized to execute the Services Contract for the provision of Integrity Commissioner services to be provided by David Tsubouchi; and THAT Council enact By-law 5229-10 being a By-law to appoint an Integrity Commissioner. On a recorded vote the motion was CARRIED. YEAS: 4 NAYS: 3 VOTING YEAS: Councillors Gallo, Granger, MacEachern and Mayor Morris VOTING NAYS: Councillors Buck, Collins-Mrakas and McRoberts Councillors Gaertner and Wilson were absent. Council Meeting Minutes Tuesday, March 30, 2010 Page 10 of 11 Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council enact By-law 5228-10 being a By-law to amend the Council Code of Conduct to amend sections 12 and 13 changing the designate from the Director of Corporate Services to the Director of Customer and Legislative Services/Town Clerk and in the absence of the Director of Customer and Legislative Services/Town Clerk that the designate be the Director of Legal Services/Town Solicitor. On a recorded vote the motion was CARRIED. YEAS: 6 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts and Mayor Morris VOTING NAYS: Councillor Buck Councillors Gaertner and Wilson were absent. Moved by Councillor MacEachern Seconded by Councillor Gallo THAT report CAO10-004 in full together with the contract be placed for information on the next General Committee agenda excluding Mr. Tsubouchi’s RFP bid response document which should remain confidential. On a recorded vote the motion was CARRIED UNANIMOUSLY. YEAS: 7 NAYS: 0 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts and Mayor Morris VOTING NAYS: None Councillors Gaertner and Wilson were absent. Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council reconvene into Closed Session regarding: 3. Labour relations or employee negotiations; • CUPE Negotiations Strategy and Direction, Current contract expires March 31, 2010 CARRIED XIV READING OF BY-LAWS Moved by Councillor Collins-Mrakas Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5224-10 BEING A BY-LAW to authorize the execution of an amending agreement to extend the Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities (Association of Municipalities of Ontario) (Report CFS10-008 – March 23/10) Council Meeting Minutes Tuesday, March 30, 2010 Page 11 of 11 5228-10 BEING A BY-LAW to amend the Council Code of Conduct 5229-10 BEING A BY-LAW to appoint an Integrity Commissioner 5227-10 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 10-07 on March 30, 2010 CARRIED XV ADJOURNMENT Moved by Councillor Buck THAT the meeting be adjourned at 11:07 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING 10-08 WERE APPROVED AT COUNCIL ON TUESDAY, APRIL 13, 2010.