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MINUTES - Council - 20100427 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 10-10 Council Chambers Aurora Town Hall Tuesday, April 27, 2010 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (left at 10:25 p.m.), Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Collins-Mrakas 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, Director of Building and By-law Services, Manager of Legislative Services/Deputy Clerk and Youth Councillors Adrian Bulfon and Chelsea Campbell Mayor Morris called the meeting to order at 7:04 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern declared a conflict in item 1(1) due to her involvement with a residents group and her participation in activities as they relate to these lands (Anne Bartley Smith Lands). II APPROVAL OF AGENDA Moved by Councillor Granger Seconded by Councillor MacEachern THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following additions:  Delegation (a) Mr. Joe Persechini, Executive Director and Ben & Emily Williamson of Aurora, Re: 34th Annual Easter Seals Run/Walkathon, Sunday, May 30, 2010  Delegation (b) Mr. Guy L. Poppe, Resident, Re: Item 1(1) CAO10-006 – Anne Bartley Smith Lands  Correspondence from Ms Rebecca Beaton, Resident, Re: Item 3 - Memorandum from Councillor Buck, Re: Notice of Motion to Request Reconsideration of the Motion, Regarding the Marker at McKenzie Marsh (Notice of Motion Provided at the March 30, 2010 Council Meeting)  New Item 7 – CFS10-014 – Revenue Administration Fees Update  Presentation from the Director of Corporate and Financial Services, Re: 2010 Aurora User Rate Budgets Re: Item 1(3) CFS10-013 – 2010 Water, Wastewater, Stormwater and Sewage Pumping Station Budget and Rates CARRIED Council Meeting Minutes Tuesday, April 27, 2010 Page 2 of 10 Councillor Gallo raised a Question of Privilege with respect to inaccuracies in an article printed in a local newspaper dated April 13, 2010. Moved by Councillor Gallo Seconded by Councillor Wilson THAT the comments of Councillor Gallo regarding an article in the local paper on April 13, 2010, be received for information and become part of the public record. CARRIED Councillor Gallo referred to an article in the local paper on April 13, 2010, specifically the Letter to the Editor titled “Appointments Didn’t Include Us”. Councillor Gallo advised of the following inaccuracies in the letter: 1. That Councillor McRoberts expressed an interest in participating in the Wells Street School Committee, Councillor Gallo advised that he did not recall this; he recalled that apart from himself and Councillor Collins-Mrakas no other Councillor showed an interest in being a part of the Committee. Councillor Gallo was appointed by Council to be the Committee representative at the Council table and was not appointed by the Mayor as the article suggests. 2. Councillor Gallo advised that his appointment to the CYF Joint Council Committee was as a result of Mayor Morris’s accommodation of his request to sit on a particular committee after Councillor Grace Marsh’s resignation. He stated it was no different than when all other Councillors had their first choice on which committees they wanted to sit on. Councillor Gallo noted that he hoped that in the future Councillor Buck would ensure that her facts are accurate. III OPEN FORUM Ms Susan Walmer, resident, thanked the Councillors who attended the Aurora Community Heritage Fair held at St. Andrew’s College. Ms Walmer advised that the event was an extreme success and that all the volunteers from this year have re-volunteered for the event next year being held Wednesday, April 20, 2011. Ms Walmer advised that they would like to expand on this event and invite interested schools within York Region. Ms Susan Walmer also wanted to thank Council for signing the agreement for the McLeod Wood Nature Reserve. Ms Walmer expressed that this agreement is a good example of how a partnership can begin and become successful. Ms Walmer wanted to take the time to thank all volunteers. Ms Walmer advised that last week was Volunteer Week and that she has worked with hundreds of people at various events across Aurora and York Region all year long showing their commitment. Ms Walmer wanted to recognize the immense contribution the volunteers provide to the community. Ms Walmer advised that the McKenzie Marsh was named after the people who owned the property, however, there have been many people who have helped protect the property over the years and wanted to specifically thank Mr. Ben Kestein for his efforts. Ms Walmer advised that she supports the Custodial Agreement with respect to the Anne Bartley Smith lands and believes it is in the best interest of the Town of Aurora, its residents, the Ontario Heritage Trust and the residents of Ontario to provide passive use of the land. Ms Walmer advised that the Ontario Heritage Trust have discussed a Custodial Agreement with the Town in the past and expressed that this type of agreement is positive and has worked well with Sheppards Bush providing long term benefits to the Town and its residents. Council Meeting Minutes Tuesday, April 27, 2010 Page 3 of 10 Mr. John Green, resident, advised that he endorses the recommendation before Council with respect to the Custodial Agreement for the Anne Bartley Smith lands. Mr. Green suggests that land prices increase and this could become an issue, however, with the Custodial Agreement in place this could protect the lands. IV ADOPTION OF MINUTES Council Minutes of Tuesday, April 13, 2010 Special Council – Public Planning, April 21, 2010 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Council minutes of Tuesday, April 13, 2010 and the Special Council – Public Planning minutes of Wednesday, April 21, 2010 be adopted as printed and circulated. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Buck advised that the tree planting event organized by Neighbourhood Network was a success on Saturday, April 24, 2010 with over 100 students from three Aurora High Schools who came out to plant approximately 300 trees in the Town of Newmarket. Mayor Morris informed Council that the Mayor’s Anti-Litter Day was a huge success with over 250 entries for the Anti-Litter Day Art poster contest which was arranged by Ms Catherine Marshall and Ms Susan Walmer; Mayor Morris thanked them and the schools that participated for the fabulous job they did. Mayor Morris advised that local Artist Dorothy Clark-McClure participated in the judging for the contest along with Bud Switzer from the Seniors Centre. Mayor Morris advised that the winners of the contest will be invited to attend a future Council meeting to display their work. Mayor Morris informed Council that over 350 volunteers came out for the event along with a band from the Community Bible Church and face painters. Mayor Morris thanked the volunteers and staff from the Parks and Recreation Services Department, Infrastructure and Environmental Services Department and Communications for their involvement in the event. Mayor Morris advised that she will be bringing up some concerns that were found during the Anti-Litter Day and providing ideas to address the concerns under the New Business section of the agenda. Mayor Morris advised of the 48th Annual Aurora Art Show and sale is taking place this weekend at the Aurora Town Hall, Saturday, May 1 from 10:00 a.m. to 5:00 p.m. and Sunday, May 2 from 10:00 a.m. to 4:00 p.m. Mayor Morris advised that admission is free and everyone is encouraged to come out and enjoy the event. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(1), (5), (3), 2, 3 and 4 were identified for discussion. Council Meeting Minutes Tuesday, April 27, 2010 Page 4 of 10 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 5, 6 and 7 were identified as items not requiring separate discussion. Moved by Councillor MacEachern 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: 5. Memorandum from the Accessibility Advisor Re: Accessibility Advisory Committee Recommendation to General Committee April 20, 2010 For National Access Awareness Week THAT Council receive the memorandum regarding National Access Awareness Week for information. 6. Memorandum from the Accessibility Advisor Re: Business Accessibility Checklist THAT Council receive the memorandum regarding the Business Accessibility Checklist for information. 7. CFS10-014 – Revenue Administration Fees Update THAT the revised revenue administration fees as set out in Table A of CFS10-014 be approved effective May 1, 2010, and that the necessary by-law be prepared and presented for approval to give effect to same. CARRIED VIII DELEGATIONS (a) Mr. Joe Persechini, Executive Director and Ben & Emily Williamson of Aurora , Re: 34th Annual Easter Seals Run/Walkathon, Sunday, May 30, 2010 Mr. Joe Persechini, Executive Director, introduced Ben & Emily Williamson along with Mr. John Lenchak and his daughter Kaitlyn. Mr. Persechini advised that the 34th Annual Easter Seals Run/Walkathon is being held Sunday, May 30, 2010. Mr. Persechini provided background information regarding Mr. Whipper Watson, founder of the Easter Seals Run/Walkathon, who experienced an accident in the 60’s, was paralyzed and wanted to help children in similar situations. Mr. Persechini advised that to date the Easter Seals Run/Walkathon has raised close to 3.5 million dollars with over 350 volunteers providing support to approximately 125 other local kids and their families that need the support. Mr. Persechini encouraged all of Council to participate in the event. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegate be received for information. CARRIED Council Meeting Minutes Tuesday, April 27, 2010 Page 5 of 10 (b) Mr. Guy L. Poppe, Resident Re: Item 1(1) CAO10-006 – Anne Bartley Smith Lands Mr. Guy Poppe, resident of Aurora, addressed Council and stated that a Custodial Agreement would be beneficial to the Town of Aurora. Mr. Poppe expressed that the Agreement is important to solidify the Town’s interest in the property and will protect the lands from being sold for development. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegate be received for information and referred to item 1(1). CARRIED Moved by Councillor Granger Seconded by Councillor McRoberts THAT item 1(1) be brought forward for discussion. CARRIED Councillor MacEachern, having previously declared an interest in Item 1(1), did not take part in or vote on any questions in this regard. Mayor Morris relinquished the Chair to Deputy Mayor McRoberts. 1. General Committee Meeting Minutes of Tuesday, April 20, 2010 (1) CAO10-006 – Anne Bartley Smith Lands Moved by Councillor Granger Seconded by Mayor Morris THAT Council receive this report for information; and THAT Council endorse in principle the project purpose and principles for the development of a custodial relationship agreement with the Ontario Heritage Trust related to the Anne Bartley Smith Lands; and THAT the Chief Administrative Officer report back to Council with a draft custodial relationship agreement with the Ontario Heritage Trust related to the Anne Bartley Smith Lands when appropriate. On a recorded vote the resolution was CARRIED. YEAS: 6 NAYS: 1 VOTING YEA: Councillors Gaertner, Gallo, Granger, McRoberts, Wilson and Mayor Morris VOTING NAY: Councillor Buck Councillor Collins-Mrakas was absent. Councillor MacEachern did not take part in the vote. Mayor Morris resumed the Chair. Council Meeting Minutes Tuesday, April 27, 2010 Page 6 of 10 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of Tuesday, April 20, 2010 (5) PR10-004 – Property Use Agreements Moved by Councillor Gallo Seconded by Councillor Gaertner THAT Council authorize the Mayor and Clerk to execute Property Use Agreements between the Town of Aurora and 1207309 Ontario Inc. (Magna) and St. Andrews College (SAC) for the year 2010 to facilitate the Aurora Youth Soccer Club’s (AYSC) use of Magna lands; and THAT staff review the permits issued to the user groups so that they reflect a transfer of liabilities that the Town is accepting in the agreements with 1207309 Ontario Inc. (Magna) and St. Andrews College (SAC) to the satisfaction of staff. CARRIED Mayor Morris requested that item 1(3) CFS10-013 – 2010 Water, Wastewater, Stormwater and Sewage Pumping Station Budget and Rates be tabled and brought forward with the presentation Re: 2010 Aurora User Rate Budgets Moved by Councillor MacEachern Seconded by Councillor Granger THAT the minutes of the General Committee meeting of April 20, 2010 be received and the balance of the recommendations carried by the committee be approved. CARRIED 2. Special General Committee Meeting Minutes Tuesday, April 20, 2010 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the recommendation of the Special General Committee report of April 20, 2010, “THAT Council not proceed at this time to put a question on the ballot” be adopted; and THAT the balance of the report be referred back to staff to correct the comments of the delegates. CARRIED 3. Memorandum from Councillor Buck Re: Notice of Motion to Request Reconsideration of the Motion Regarding the Marker at McKenzie Marsh (Notice of Motion Provided at the March 30, 2010 Council Meeting) Moved by Councillor Buck Seconded by Councillor McRoberts THAT the resolution reflected in report number 10-03 dated February 23rd be brought forward for re-consideration under Clause 5.20 of the Town's Procedural By-law. On a recorded vote the resolution was DEFEATED. Council Meeting Minutes Tuesday, April 27, 2010 Page 7 of 10 YEAS: 2 NAYS: 6 VOTING YEA: Councillors Buck and McRoberts VOTING NAY: Councillors Gaertner, Gallo, Granger, MacEachern, Wilson and Mayor Morris Councillor Collins-Mrakas was absent. 4. Adoption of Recommendations from Closed Session Meeting April 13, 2010 Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT item 4 be deleted from the April 27, 2010 Council agenda. CARRIED X REGIONAL REPORT None XI PRESENTATIONS Presentation from the Director of Corporate and Financial Services Re: 2010 Aurora User Rate Budgets Mr. Dan Elliott, Director of Financial Services/Treasurer, provided an overview of the 2010 Aurora user rate budgets and advised that the entire supply chain is subject to new regulations and that a 10% increase in rates by the Region of York has resulted in pressure on the Town of Aurora to increase fees by 14.1% per month. Mr. Elliott advised that even with the increase the Town of Aurora is mid-range for its water and wastewater rates and that the residents receive many benefits for the fees they are charged. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the presentation by Mr. Dan Elliott be received for information. CARRIED Item 1(3) was brought forward for consideration at this time. 1. General Committee Meeting Minutes of Tuesday, April 20, 2010 (3) CFS10-013 – 2010 Water, Wastewater, Stormwater and Sewage Pumping Station Budget and Rates Moved by Councillor Granger Seconded by Councillor MacEachern THAT Council approve the 2010 Water, Wastewater, Stormwater and Sewage Pumping Station Budgets as presented with net expenditures totalling $13,256,000; and THAT Council approve the 2010 Retail Water rate of $1.3055 per cubic meter and the Retail Wastewater rate of $1.0217 per cubic meter of water consumed for all bills issued on and after May 1, 2010; and Council Meeting Minutes Tuesday, April 27, 2010 Page 8 of 10 THAT Council approve the 2010 Flat Rate Stormwater charge of $4.11 per unit per month for Residential and Condominium properties and $57.69 per unit per month for metered Non-residential Commercial/Industrial and Multi-Residential properties for all bills issued on and after May 1, 2010; and THAT Council approve the 2010 Flat Rate Sewage Pumping Station charge for each of the 165 users of the Ballymore Sewage Pumping Station of $9.91 per month on all bills issued on and after May 1, 2010; and THAT Council approve the 2010 Flat Rate Sewage Pumping Station charge for each of the 246 users of the Bayview Vandorf Sewage Pumping Station of $6.62 per month on all bills issued on and after May 1, 2010; and THAT Council approve the 2010 Flat Rate Sewage Pumping Station charge for each of the 104 users of the Brentwood Sewage Pumping Station of $14.44 per month on all bills issued on and after May 1, 2010; and THAT Council approve the 2010 Bulk Purchase Water Rate of $2.35 per cubic meter on all bills issued on and after May 1, 2010; and THAT Council approve fees for installation of a service connection for either water or wastewater services be $725 per connection effective for works completed on or after May 1, 2010; and THAT the necessary by-law to implement the 2010 Water, Wastewater, Stormwater Sewer and Sewage Pumping Station Rates be enacted to be effective for all bills issued on or after May 1, 2010; and THAT attachment #2 to report CFS10-013 be replaced with the updated version provided by the Director of Corporate and Financial Services. On a recorded vote the resolution was CARRIED. YEAS: 7 NAYS: 1 VOTING YEA: Councillor Buck VOTING NAY: Councillors Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris Councillor Collins-Mrakas was absent. XII NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS Councillor MacEachern expressed her apologies to Mr. Kestein and Ms. Connor for what they have been exposed to following the initiative to recognize their hard work and dedication. Councillor MacEachern indicated there was a lot of misinformation floating around regarding the issue. Councillor MacEachern advised that she had consulted with Town staff and Regional staff contrary to claims that staff were not consulted. The proposal was never to be a stone carving of the individuals, nor was the marker to be placed on the boardwalk, and the funding was not specific to planting trees in the McKenzie Marsh. Also misinformation was provided regarding funds that were reportedly raised for the purposes of planting to enhance the marsh area which is not correct. Further misinformation was provided that Council was not aware of Council Meeting Minutes Tuesday, April 27, 2010 Page 9 of 10 what the funds were for—this information is not correct; also that the McKenzie’s were the only people responsible for the conservation of the area—residents of the area were also involved. Councillor Buck inquired about the purpose of the two-page advertisement that appeared recently in the newspaper and asked who authorized it and how much it cost. The Chief Administrative Officer advised that he authorized the ad and its purpose is to provide awareness to the community about the Town’s efforts to promote the Town of Aurora’s Economic Development Opportunities and that the advertising costs used were within the promotional advertising budget but he would provide Council with the exact cost. Councillor MacEachern advised that the Economic Development Advisory Committee members felt that it was a wise way to promote Economic Development. Mayor Morris advised that the Northern 6 Mayors published an Economic Development insert in the Globe and Mail and that feedback was incredible. Mayor Morris congratulated the Economic Development Committee, Strategic Initiatives Manager and Communications for their efforts to attract more businesses to Aurora. Mayor Morris advised and presented slides of a few locations in the downtown core that have become a concern to many of the residents and requested that staff do whatever possible under the Property Standards Act or any other relevant legislation that could assist in getting these properties into a better state of repair. The Director of Planning and Development Services advised that revised plans have been submitted for one of the locations and will be brought forward to Council in May. The Director of Building and By-law Services advised that the building had been inspected earlier that day and was deemed to be structurally sound and that there has been no structural deterioration over the past year. Councillor Gaertner raised a Question of Privilige with respect to further misinformation that was provided to the Auroran regarding the 5 Year Official Plan & 2C Secondary Plan Steering Committee in that the Steering Committee is a Committee comprised of four Council Members and is not comprised of citizen members. Mayor Morris advised of By-law 4738-05.P being a by-law to require the cleaning and clearing of any ground or yards and to prohibit the dumping of refuse, but noted that there were set fines only for infractions pertaining to private property. Mayor Morris inquired if the By-law could be amended to include set fines for disposing of refuse on public property and whether the fines could be increased. The Director of Building and By-law Services advised that staff would make the appropriate application to the Court to provide set fines for public property and will also request an increase in the fines. Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the Procedural By-law be waived to extend the hour. CARRIED Council Meeting Minutes Tuesday, April 27, 2010 Page 10 of 10 XIII CLOSED SESSION Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council resolve into a Closed Session, following adjournment, to consider:  Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; o Re: Aurora Gardens Development Corp. Ltd., Proposed Assumption by the Town of Subdivision 65M-3222 CARRIED XIV READING OF BY-LAWS Moved by Councillor Granger Seconded by Councillor MacEachern THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5236-10 BEING A BY-LAW to amend Municipal Waterworks Distribution By-law 3305-91, as amended (Report CFS10-013 – April 20, 2010 GC) 5238-10 BEING A BY-LAW to amend By-laws 4725-05.H, 5108-09.H and 5216-10 to appoint an Acting Chief Building Official, a Building Inspector, a Municipal By-law Enforcement Officer, and a Property Standards Officer. 5240-10 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 10-10 on April 27, 2010 CARRIED XV ADJOURNMENT Moved by Councillor MacEachern THAT the meeting be adjourned at 10:35 p.m. CARRIED __________________________ _____________________________ PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING 10-10 WERE APPROVED BY COUNCIL ON TUESDAY, MAY 1 1, 2010.