MINUTES - Council - 20100914
TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 10-21
Council Chambers
Aurora Town Hall
Tuesday, September 14, 2010
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, Director of Legal
Services/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 7:06 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor Collins-Mrakas declared an interest regarding Closed Session Item 1
(Adena Meadows Limited) as a member of her family is employed by Magna.
II APPROVAL OF AGENDA
Moved by Councillor Gallo Seconded by Councillor Granger
THAT the agenda as circulated by the Customer and Legislative Services
Department, with the following additional items, be approved:
¾ Delegation (a) Susan La Rosa, York Catholic District School Board
Re: Item 1(13) – PR10-029 – Partnership with the York
Catholic District School Board (YCDSB)
¾ Delegation (b) Kathleen Llewellyn-Thomas, Region of York ,
Re: Item 1(6) – IES10-043 – Leslie Street and St. John’s Sideroad
Pedestrian Trail Crossings
¾ Delegation (c) Klaus Wehrenberg
Re: Item 1(6) – IES10-043 – Leslie Street and St. John’s Sideroad
Pedestrian Trail Crossings
¾ Memorandum from the Manager of Legislative Services/Deputy Clerk
Re: Revision to the September 7, 2010 General Committee Minutes
Item 1(13) – PR10-029 – Partnership with the York Catholic
District School Board (YCDSB)
Council Meeting Minutes
Tuesday, September 14, 2010
Page 2 of 11
¾ New Closed Session Item:
Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
Re: Potential Defamation
CARRIED
III OPEN FORUM
Robert Hayes thanked Councillors Collins-Mrakas and McRoberts for their
service on Council over the last four years. He asked Council if the Integrity
Commissioner was still being paid as there is a moratorium on the complaints
received after August 1, 2010. Mr. Hayes also requested that the Integrity
Commissioner be given notice in order to save the taxpayers money and said
that he did not feel that an Integrity Commissioner was necessary when there is
a Town Solicitor on staff. Mr. Hayes was informed that the Integrity
Commissioner could be working on complaints received prior to the August 1,
2010 moratorium as well as his review of the Code of Conduct as per Council’s
request. Further, Mr. Hayes was informed that as stated at a previous Council
meeting, the Integrity Commissioner provides an independent opinion regarding
complaints received to protect the reputation of Council and residents, and
effectively raise the level of accountability within this community. Mr. Hayes also
inquired if Council supported the Food Bank and was informed that this Council
has promoted, and will continue to support, the Food Bank on a regular basis
through a variety of means.
Klaus Wehrenberg stated that he had attended the Official Plan review meeting
held on Wednesday, September 8, 2010, and had some concerns regarding the
proposed exemption of cash-in-lieu of parkland dedication from developers in the
downtown area of the Promenade. He questioned whether reports had been
circulated publically that would explain how this decision came to pass. Mr.
Wehrenberg was advised that reports had all been published on public agendas
over the past few months and that they were available to any member of the
public for review.
Heidi Stoecklin provided a video for any Member of Council to review and stated
that it was worthwhile. Ms Stoecklin advised that she was setting-up open public
forums at Billings Well on Yonge Street where any and all could attend to discuss
peace and truth about the indigenous people in Canada. She stated that she
wanted Aurora to participate and show its spirit. Ms Stoecklin also discussed Mr.
Anthony’s proposed route that would not affect the Mackenzie Wetlands and
asked Council to consider this alternative as the wetlands area is very fragile and
is regionally significant. She also stated that she would be prepared to help
fundraise for this route if the wetlands remained undisturbed.
IV ADOPTION OF MINUTES
Special Council Minutes of Thursday, August 12, 2010
Council Minutes of Tuesday, August 17, 2010
Special Council Minutes of Tuesday, September 7, 2010
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the Special Council minutes of Thursday, August 12, 2010, be
adopted as amended to provide the times that Council recessed and
reconvened.
CARRIED
Council Meeting Minutes
Tuesday, September 14, 2010
Page 3 of 11
Moved by Mayor Morris Seconded by Councillor Gaertner
THAT the Council minutes of Tuesday, August 17, 2010, be amended to
indicate that Councillor MacEachern’s negative vote was an abstention
from the vote due to a declaration of interest at the commencement of the
meeting.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT the Special Council Minutes of Tuesday, September 7, 2010 be
adopted as printed and circulated.
CARRIED
V PRESENTATIONS
(a) Shelley Ware, Special Events Coordinator, Town of Aurora Parks and
Recreation Services
Re: 2010 Aurora Teen Idol Presentation
Shelley Ware, Special Events Coordinator, Town of Aurora Parks and Recreation
Services, advised that this was the fourth year of the Aurora Teen Idol
competition and that auditions had to be held this year as there were twenty-nine
participants. Eight of these participants became finalists who competed at the
Canada Day celebrations held in Lambert Wilson Park. The judges for this event
were from the Aurora Opera Company and the winners were:
• 2010 Aurora Teen Idol - Sarah Carmosino
• 1st Runner-up - Bianca Corrado
• 2nd Runner-up - Braedyn Ellis
Mayor Morris presented the winners with certificates, prizes and titles. She
congratulated them on their performances and thanked their families for their
support of these young talented performers.
(b) Gabriella Kalapos, Director, Outreach Programs Clean Air Partnership
Re: Signing of the Declaration from the Clean Air Summit
Gabriella Kalapos, Director, Outreach Programs Clean Air Partnership, advised
that the Clean Air Partnership has been around for the last ten years and has
grown, bringing many municipalities together to share research, knowledge,
experience, expertise and best practices. She stated that the mission of the
Clean Air Partnership is to work with partners to achieve clean air, facilitate the
exchange of ideas, advance changes, and promote and coordinate actions to
improve local air quality and reduce greenhouse gases toward healthy
communities. Ms Kalapos stated that more results are attained through the
pooling of resources and information and this creates less of a financial impact
and risk for municipalities wanting to investigate, develop, or implement plans or
actions. She reviewed some of the areas that have been identified as
opportunities for initiatives, development and/or financial assistance. Ms Kalapos
also noted that information is readily available at www.cleanairpartnership.org.
She said that documents highlighting policies, reports, and shared learning are
posted to assist in the collaborative efforts of all. Ms Kalapos presented the Town
of Aurora with a “Recognition of Achievement” plaque and the Mayor and Council
signed the Declaration from the Clean Air Summit.
Council Meeting Minutes
Tuesday, September 14, 2010
Page 4 of 11
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT Council receive the presentation regarding the Signing of the
Declaration from the Clean Air Summit.
CARRIED
(c) Louise Procter Maio, Chief Executive Officer of the Aurora Public
Library, and Michael Thompson, Chair of the Aurora Public Library
Board
Re: Aurora Public Library Strategic Plan
Louise Procter Maio, Chief Executive Officer of the Aurora Public Library, and
Michael Thompson, Chair of the Aurora Public Library Board, provided copies of
the Aurora Public Library Strategic Plan 2010–2015. Ms Procter Maio and Mr.
Thompson discussed the Strategic Plan and how it charts a course for the future
based on a solid understanding of a changing community and societal
influences that affect library services. They reviewed some of the challenges
and the goals to meet these challenges through the engagement of the
community and through collaborative partnerships with other communities to
work together for the betterment of the Town of Aurora. They stated that the
Strategic Plan upholds the ideals that respond to Aurora’s changing
environment. Ms Procter Maio noted that October is Canadian Library Month
and, in particular, that the Aurora Public Library has been honoured with the
launch of Ontario Public Literacy Week being held on Monday, October 18,
2010. She advised that the Honourable Michael Chan, Minister of Tourism and
Culture, is coming to Aurora for this event.
Moved by Councillor Collins-Mrakas Seconded by Councillor Wilson
THAT Council receive the presentation regarding the Aurora Public Library
Strategic Plan.
CARRIED
IX DELEGATIONS
(a) Susan La Rosa, York Catholic District School Board
Re: Item 1(13) – PR10-029 – Partnership with the York Catholic
District School Board (YCDSB)
Susan La Rosa, York Catholic District School Board, along with other
representatives in the audience, stated that they were in support of approval in
principle on the benefits of the proposed partnership. She thanked Council for
their deliberations and looked forward to a long and rewarding relationship with
the Town of Aurora.
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT Council receive and refer the comments of the delegate to Item
1(13).
CARRIED
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT Item 1(13) be brought forward for discussion.
CARRIED
Council Meeting Minutes
Tuesday, September 14, 2010
Page 5 of 11
1. General Committee Minutes of Tuesday, September 7, 2010.
(13) PR10-029 - Partnership with the York Catholic District School Board
(YCDSB)
Moved by Councillor MacEachern Seconded by Councillor Wilson
THAT Council endorse the partnership with the particulars as outlined
in the report with the York Catholic District School Board (YCDSB) and
construction of an artificial turf field at the St. Maximilian Kolbe Catholic
High School; and
THAT Council “agree in principle” with the construction of an artificial turf
field at St. Maximilian Kolbe Catholic High School; and
THAT funding for the turf field be referred to the 2011 budget; and
THAT the funding source be 90% Development Charges and 10% Cash-
in-Lieu; and
THAT staff be directed to draft an Agreement with the YCDSB for the use
of the field during non-school hours, including summer, in accordance
with the conditions outlined in this report.
On a recorded vote the motion CARRIED.
YEAS: 9 NAYS: 0
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Gallo,
Granger, McEachern, McRoberts, Wilson, and Mayor
Morris
VOTING NAYS: None
Moved by Councillor Wilson Seconded by Councillor McRoberts
THAT the other delegates be brought forward.
CARRIED
(b) Kathleen Llewellyn-Thomas, Region of York
Re: Item 1(6) – IES10-043 – Leslie Street and St. John’s Sideroad
Pedestrian Trail Crossings
Kathleen Llewellyn-Thomas, Commissioner of Transportation Services for the
Region of York, and Steve Collins, Manager of Capital Projects (Roads Branch-
Transportation Division), discussed and updated Council on the three projects
currently underway. Mr. Collins stated that currently there are two significant
projects underway in the Town of Aurora. He discussed the Leslie Street project
that extends from Wellington Street to Mulock Drive. It is in the environmental
assessment process stage and has gone through a second public meeting. Mr.
Collins noted that even though the development is in the latter stages, the
process allows for consultation and discussion until the environmental
assessment report is filed. He said that they would continue to work with staff
and the public to facilitate responding to questions. The environmental
assessment study should be ready by the first quarter of 2011 and once that has
received clearance it would move onto the detailed engineering stage with a
proposed start to construction in 2015. Mr. Collins advised that the St. John’s
Sideroad project (Bayview Avenue to Woodbine Avenue) is not scheduled to
start construction until 2014. He noted that this project is a continuation of the
Council Meeting Minutes
Tuesday, September 14, 2010
Page 6 of 11
phased-in implementation that originally commenced in 2000. Mr. Collins said
that there has been discussion with Town staff and with Mr. Wehrenberg
regarding technical analysis and how the Region can participate to facilitate trail
crossings. He advised that interesting ideas can be considered through the
environmental assessment vehicle. Ms Llewllyn-Thomas noted that many ideas
had not been considered previously within the original scope of the project but
that alternatives will be looked at by Regional Council for advantages and/or
disadvantages to be the most cost effective to the public. She stated that as
there had not been crossings there in the past, negative impacts had not been
considered, but as these crossings are now potentially desirable for the future,
consideration would be given to accommodate future plans and optimize the
investment.
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT Council receive and refer the comments of the delegate to Item
1(6).
CARRIED
(c) Klaus Wehrenberg
Re: Item 1(6) – IES10-043 – Leslie Street and St. John’s Sideroad
Pedestrian Trail Crossings
Klaus Wehrenberg stated that pedestrian crossings are not just for pedestrians
but also for cyclists and for linking green spaces as well. He noted that when
environmentally sensitive lands are involved, they need to be taken into
consideration in the environmental assessment study. Mr. Wehrenberg
requested answers to questions regarding the filing dates of environmental
assessment reports for the Leslie Street widening, St. John’s Sideroad widening
and the Water Main Project. He also wanted to know when the Water Main
Project was separated from the Leslie Street widening. Mr. Wehrenberg
expressed concern that, under the Regional Pedestrian and Cycling Master Plan
approved by Regional Council in 2008, surveys that were to be statistically valid
were not conducted as originally mandated under the Terms of Reference. He
stated that in contrast with the Town of Aurora’s Parks and Recreation Services
Department survey, input received showed that the most important aspect was
walking, cycling, and hiking, and that it was desirable to have infrastructure to
accommodate self-propelled traffic. Mr. Wehrenberg noted that with the potential
employment opportunities for over 5,000 people east of Leslie Street and
potentially 8,000 people living west of Leslie Street this will create a tremendous
amount of self-propelled traffic between these two areas. He also said there are
environmentally sensitive lands that need to be linked. He stated that all of these
needs should be considered for accommodation and connection. Mr.
Wehrenberg said that the Region decided to reconstruct these roads so they
should carry the costs. He stated that the Region should also deal with the
impacts and provide the means for correction.
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT Council receive and refer the comments of the delegate to Item
1(6).
CARRIED
Council Meeting Minutes
Tuesday, September 14, 2010
Page 7 of 11
(b) Kathleen Llewellyn-Thomas, Region of York
Re: Item 1(6) – IES10-043 – Leslie Street and St. John’s Sideroad
Pedestrian Trail Crossings
Mr. Collins responded to the inquiries from Mr. Wehrenberg and explained that
the St. John’s Sideroad environmental assessment was originally filed in 2000 for
the phase from Yonge Street to Woodbine Avenue, and the Leslie Street project
was separated from the Water Main Project because the schedule changed on
the Water Main Project that would allow it to be pre-approved to the design and
construction stage. He noted that York Region had the opportunity to take
advantage of modifications to the process which could speed up the Water Main
Project. Ms Llewellyn-Thomas noted that she would be holding back on the filing
of the environmental assessment report until the new year when she would
present that along with the Town of Aurora’s concerns so that they will be
addressed at the same time.
Moved by Councillor Granger Seconded by Councillor Wilson
THAT Council receive and refer the comments of the delegate to Item 1(6).
CARRIED
Councillor Collins-Mrakas left the meeting at 10:16 p.m.
VI PUBLIC SERVICE ANNOUNCEMENTS
Mayor Morris requested an update from of the Director of Corporate and
Financial Services on the current CUPE negotiations. The Director responded
that CUPE would be in a legal position to strike at 12:01 a.m. on Monday,
September 20, 2010 but that he was confident that, with the current relationship
and meeting scheduled for Thursday, September 16, 2010, this strike may be
avoided. The Director of Corporate and Financial Services directed the public to
the Town of Aurora website for updates. He stated that user groups and the
public can contact the Town offices as well.
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the Procedural By-law be waived to extend the hour.
CARRIED
Councillor Gaertner expressed her thanks to Mr. Downey and Shelley Ware for
the spectacular RibFest that was held last weekend.
Mayor Morris extended her congratulations to the Seniors who participated and
won medals after competing at the National games.
Mayor Morris noted that the sixth Annual Family Dinner Night in Aurora was
proclaimed for September 16, 2010. She also noted that more than $100,000 has
been raised for the Crohn’s and Colitis Foundation through M&M Meat Shops.
Mayor Morris sent out congratulations to Maurice Blanchard of Parks and
Recreation Services in the Town of Aurora who is retiring after 31 years of
employment with the Town.
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1(2), 1(3), 1(13), 2, 3, 4, and By-law 5278-10 were identified as items
requiring separate discussion.
Council Meeting Minutes
Tuesday, September 14, 2010
Page 8 of 11
VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Items 1 (1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15) were identified as items not
requiring separate discussion.
Moved by Councillor McRoberts 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. General Committee Minutes of Tuesday, September 7, 2010
THAT items 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15 of the General
Committee meeting of Tuesday, September 7, 2010 be received and the
recommendations carried by the Committee be approved.
CARRIED
X DISCUSSION OF ITEMS REQUIRING SEPARATE DISCUSSION
1. General Committee Minutes of Tuesday, September 7, 2010.
(3) CFS10-017– Corporate Policy and Procedure Review and Update Project
Moved by Councillor Buck Seconded by Councillor MacEachern
THAT staff undertake a review and update of all corporate policies and
procedures; and
THAT the CAO be delegated approval authority for administrative policy
matters as identified in Attachment #2 of report CFS10-017 with all other
policies remaining subject to Council approval.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the following amendment be added to the main motion:
THAT staff provide a copy of the Corporate Policies and Procedures
in the Councillors’ lounge for their review.
CARRIED
Councillor Buck left the meeting at 11:01 p.m.
(2) BBS10-011 – By-law Services Audit Report
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT Council receive Report BBS10-011 regarding By-law Services Audit
Report.
CARRIED
Council Meeting Minutes
Tuesday, September 14, 2010
Page 9 of 11
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the balance of the minutes of the General Committee meeting of
Tuesday, September 7, 2010 be received and the recommendations carried
by the Committee be approved.
CARRIED
2. CLS10-022 – Application for Enabling Accessibility Fund – Capital Project
Funds
Moved by Councillor Granger Seconded by Councillor Wilson
THAT Council support the application to the ‘Enabling Fund’, requesting a
grant of $75,000 to put towards the cost of retro-fitting an elevator for
Aurora Family Leisure Complex (AFLC); and
THAT Council approve, in principle, Capital Project #72112, Retrofit of
Aurora Family Leisure Complex Person Lift, pending approval of the grant
application, with a total budget of $150,000 with the Town’s portion to be
funded from the Accessibility Reserve Fund.
CARRIED
3. PRS10-032 – Tender PRS 2010-57 Flora Aurora Phase 2 Construction
Moved by Councillor Wilson Seconded by Councillor MacEachern
THAT Council approve Tender PRS 2010-57 in the amount of $77,465.13,
less HST, submitted by Marnix Infrastructure Inc., the lowest compliant
bidder.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the Procedural By-law be waived to further extend the hour.
CARRIED
4. PRS10-033 – Tender PRS 2010-67 RInC Funded Parks Rehabilitation Projects
Moved by Councillor Gaertner Seconded by Councillor Granger
THAT Council approve Tender PRS 2010-67 in the amount of
$1,018,349.95, less HST, submitted by Colpac Limited, the lowest
compliant bidder; and
THAT Council authorize the Mayor and Clerk to execute the Form of
Agreement associated with Tender PRS 2010-67.
CARRIED
XI REGIONAL REPORT
None.
Council Meeting Minutes
Tuesday, September 14, 2010
Page 10 of 11
XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Councillor Gaertner requested an update on her motion from the August 17,
2010 Council meeting regarding Winter Road Maintenance.
Councillor Gaertner inquired about the motion from General Committee meeting
held on September 7, 2010 regarding the three-way stop at Conover and
Halldorson Avenues.
Councillor Gallo commented on the sound system problems within Council
Chambers and inquired if a new, taller microphone could be installed for
speakers at the podium.
Moved by Councillor Gallo Seconded by Councillor Granger
THAT By-law 5278-10 be brought forward for discussion.
CARRIED
XIII CLOSED SESSION
Moved by Councillor Granger Seconded by Councillor Gaertner
THAT Council resolve into a Closed Session to consider the following
matters:
¾ Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
Re:
1. Adena Meadows Limited et al. (“Magna”)
Parkland Dedication/Cash-in-lieu
West side of Leslie Street, South of Wellington Street East
2. Potential defamation
CARRIED
Council recessed into Closed Session at 11:33 p.m.
Council reconvened into Open Session at 1:11 a.m.
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the Council rise and report from Closed Session to confirm the
direction from Closed Session regarding the potential defamation; and
THAT the Town Solicitor be directed to retain external legal counsel and to
take any and all actions to bring resolution to this matter.
CARRIED UNANIMOUSLY
Council Meeting Minutes
Tuesday, September 14, 2010
Page 11 of 11
XIV READING OF BY-LAWS
Moved by Councillor Wilson Seconded by Councillor Gallo
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
5254-10 BEING A BY-LAW to designate a property to be of cultural
heritage value or interest (The George Browning House –
15086-15088 Yonge Street)
(Report PL09-078 – Council Oct.27/09)
5274-10 BEING A BY-LAW to amend Zoning By-law No. 2213-78, as
amended (14985 Leslie Street)
(Report PL10-058)
5278-10 BEING A BY-LAW to establish land as a highway forming
part of John West Way, Aurora (Ridgewood Developments
Inc.)
5279-10 BEING A BY-LAW to Confirm Actions by Council Resulting
from Council Meeting 10-21 on September 14, 2010
CARRIED
XV ADJOURNMENT
Moved by Councillor Wilson
THAT the meeting be adjourned at 1:14 a.m.
CARRIED
THE MINUTES OF THE COUNCIL MEETING 10-21 ARE SUBJECT TO FINAL
APPROVAL AT COUNCIL ON TUESDAY, SEPTEMBER 28, 2010.
_______________________________ ________________________________
PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK