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MINUTES - Council - 20100713 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 10-16 Council Chambers Aurora Town Hall Tuesday, July 13, 2010 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, McRoberts, and Wilson MEMBERS ABSENT Councillor Gallo 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 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern stated that she did not have a pecuniary interest however she would not participate in the discussion of Items 26 and 27 as she was the member of Council that filed the complaints. II APPROVAL OF AGENDA Moved by Councillor Granger Seconded by Councillor Wilson THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following additions:  Delegation (c) Sher St. Kitts, Re: Aurora Jazz + Festival Concerns Surrounding Logistics, Operations and Safety During the Festival and Request to Waive Park Fees For July 30 and 31  Delegation (d) Klaus Wehrenberg, Re: Item 13 - IES10-035 Train Anti-Whistle – Pedestrian Gates Design  Attachments to Item 2 - CAO10-012 – Yonge Street Entryway Sign Replacement Project Attachments: Attachment #1 – Aurora Sign Concept 1 Attachment #2 – Signtel Concept 1 Attachment #3 – Taylormade Sign Concept 1 Attachment #4 – Taylormade Sign Concept 2 Council Meeting Minutes Tuesday, July 13, 2010 Page 2 of 16  Replacement Page 202 – Correction to “Conclusions” in bold Item 16 – PR10-028 – 2010 Community Grant Requests – Additional Requests  Additional Information to Item 17 PL10-046 – Zoning By-Law Amendment and Site Plan Applications Robert Colagiacomo in Trust and 1769123 Ontario Inc. 222 and 244 Wellington St. E. and 230 and 236 Wellington St. E. File Numbers: D14-01-10 and D11-11-08(A)  Additional Information to Item 19 PL10-048 – Zoning By-law Amendment Application Antonio Picheca 15387 Yonge Street, Lot 15, Plan 5 File Numbers: D14-20-08 and D11-06-09  Additional Information to Items 26 and 27 Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaints #001 & #002  Additional Information to Item 29 Central York Fire Services – Joint Council Committee Minutes of June 29, 2010  New Item 32 - Memorandum from Mayor Morris Re: Support Request for the 10% - 2010 Contraband Objective Campaign – Letter from the Canadian Convenience Stores Association  Additional Correspondence from MacDonald Associates pc, Dated July 13, 2010, Regarding Items 26 and 27 CARRIED III OPEN FORUM Sher St. Kitts expressed concerns regarding the upcoming Aurora Jazz Festival that will be sharing space with the Aurora Farmers Market on July 31, 2010. Ms. St. Kitts requested that Town By-laws be enforced, specifically that vehicles not be allowed in the park to ensure the safety of all in attendance. Klaus Wehrenberg requested confirmation of the Town’s input regarding issues surrounding the environmental study and transportation analysis for the road widening and water main construction projects currently underway on St. John’s Sideroad and Leslie Street. He urged consideration of traffic-free pedestrian crossings and continuation of the north/south trail system. Mr. Wehrenberg stated that the connectivity of natural areas and walkable communities had been addressed in the Master Plan for over a decade. Ajoy Dhanda, a taxi driver in the Town of Aurora, expressed his concerns regarding illegal taxi cabs operating within the Town of Aurora. Mayor Morris addressed these concerns and noted that a recent public meeting with members of the taxi industry had been held and that the Town’s By-law Services are now ticketing illegal cabs. The Director of Building and By-law Services noted that an enforcement strategy has been developed and is underway in partnership with York Regional Police. Robert Hayes appeared and inquired as to the membership and qualifications of those who served on the Leisure Services Advisory Committee. He stated that he wanted to discuss Mr. Tsubouchi’s report and commented on the termination of Mr. Nitkin, the previous Integrity Commissioner. Mayor Morris noted that Mr. Nitkin’s Council Meeting Minutes Tuesday, July 13, 2010 Page 3 of 16 contract was terminated prior to anyone viewing his report and that the linkage, speculation, and assumption that Mr. Nitkin was terminated because of the content of his report was very wrong. She stated that any issues outstanding prior to Mr. Nitkin’s termination were to have been held in abeyance until a new Integrity Commissioner was hired. David Heard appeared on the matter of a possible moratorium on any complaints to the Integrity Commissioner after August 1st of an election year and encouraged Council not to implement such a moratorium. IV ADOPTION OF MINUTES Council Minutes of Tuesday, June 22, 2010 Moved by Councillor Granger Seconded by Councillor McRoberts THAT the Council minutes of Tuesday, June 22, 2010 be adopted as printed and circulated. CARRIED V PRESENTATIONS None VI DELEGATIONS (a) Adrian Bulfon, Youth Councillor and Chelsea Campbell, Youth Councillor Re: Youth Councillor Inaugural Program Youth Councillor Bulfon stated that he and Youth Councillor Campbell were here this evening to report back to Council and members of the community on their experience as Youth Councillors. He wanted to thank Council for the opportunity to participate and provide observations and suggestions in the Inaugural Youth Councillor Program. Youth Councillor Bulfon advised that this was a great experience. He said that the Program that was initially an experiment to engage youth to participate in the local government process should continue to encourage a new generation of leaders. Youth Councillor Campbell noted suggestions regarding the selection process, orientation, understanding process, youth councillor participation at Council, and suggestions for future Youth Councillors. She said that she would provide the details of the suggestions and recommendations to Council in written format. Moved by Councillor Wilson Seconded by Councillor Granger THAT the comments of the delegates be received. CARRIED (d) Klaus Wehrenberg Re: Item 13 – IES10-035 Train Anti-Whistle - Pedestrian Gates Design Mr. Wehrenberg expressed concerns regarding the pedestrian gates at the Cousins Drive crossing and urged Council to consider not only the pedestrian gates but how pedestrians would cross safely. He suggested that AECOM meet with the Town of Aurora’s engineering staff to address these issues. Mr. Wehrenberg stated that in his opinion they should not be dealt with as Council Meeting Minutes Tuesday, July 13, 2010 Page 4 of 16 separate, isolated issues, but together to ensure a safe pedestrian crossing at this location. Moved by Councillor Granger Seconded by Councillor Gaertner THAT the comments of the delegate be received. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT Item 13 be brought forward for discussion. CARRIED 13. IES10-035 – Train Anti-Whistle – Pedestrian Gates Design Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council waive the purchasing by-law requirements for a competitive bid and allow sole sourcing to AECOM Canada Ltd. being the authorized consultant to Metrolinx (Go Transit) for $166,110 plus taxes for the pedestrian gate design tender document preparation and site inspection at the Town’s railway crossings; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project. . CARRIED VII PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris thanked Sher St. Kitts for all of her work on the Canada Day celebrations and the upcoming Aurora Jazz Festival. She also commended Shelley Ware and the Parks and Recreation Services staff for their excellent work on Canada Day. Mayor Morris congratulated the seniors who competed and were very successful at the 55+ Seniors Games. It was noted that many medals were won by these talented participants in a variety of events. Mayor Morris inquired about the use of Town buildings and facilities availability when a heat advisory has been issued. The CAO stated that all Town buildings are open and available to the public as cool-off stations. Mayor Morris congratulated to the Aurora Youth Soccer Club 1996 girl’s recreation team who recently participated and won the final at an event held in Italy. They went unbeaten playing against top teams from Italy, Romania, Finland, Spain and USA. Mayor Morris expressed birthday greetings to Ada Johnson who will turn 107 years of age on July 17, 2010, and who is a relative of Councillor McRoberts. Mayor Morris advised that a certificate of congratulations will be sent out to Ms. Johnson as well. VIII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 3, 7, 9, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 27, 29, 30 and 32 were identified as items requiring separate discussion. Council Meeting Minutes Tuesday, July 13, 2010 Page 5 of 16 IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Granger Seconded by Councillor Gaertner Items 2, 4, 5, 6, 8, 10, 12, 19, 20, 21, 23, 24, 28, and 31 were identified as items not requiring separate discussion. 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. CAO10-012 – Yonge Street Entryway Sign Replacement Project THAT Council receive report CAO10–012; and THAT Council award the contract for the installation of two entryway signs at Yonge Street and Bloomington Sideroad and Yonge Street and St. John’s Sideroad to Aurora Sign Inc. at $6,075 per sign, plus applicable taxes and permit fees, as illustrated in Attachment #1; and THAT Council expand the scope of work to include the removal and replacement of one additional entryway sign located at Wellington Street and Bathurst Street and the removal and disposal of the existing entryway signs on Yonge Street at Allaura Boulevard and Orchard Heights Boulevard, respectively; and THAT Council expand the previously approved budget from $20,000 to a total of $26,000 funded from municipal capital reserve to accommodate the third sign. 4. BBS10-008 – Harmonized Sales Tax (H.S.T.) Taxicab Fares Rate Increase THAT Council approve an increase of taxicab fares found within Appendix “A” to Schedule 13 of Licensing By-law No. 4258-01.P as a result of the implementation of the Harmonized Sales Tax. 5. CFS10-026 – 2011 Budget Preparation and Draft Council Review Meeting Schedule THAT staff proceed to develop the 2011 operating and capital budgets following the general principles and directions outlined in Staff Report CFS10- 026; and THAT the proposed 2011 Budget preparation and Special General Committee review meeting 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. 6. CFS10-027 – Interim Operating Budget Forecast – as at May 31, 2010 THAT the overview of results of operations for the five-month period through to May 31, 2010 and the forecast to end of year report from Management be received. Council Meeting Minutes Tuesday, July 13, 2010 Page 6 of 16 8. CLS10-018 – Joint Compliance Audit Committee By-law THAT Council enact a by-law to establish a Joint Compliance Audit Committee. 10. IES10-032 – Acceptance of Municipal Services – Aurora Gardens Subdivision – Registered Plan 65M-3222 THAT Council accept the municipal services contained within Registered 65M-3222 being Aurora Gardens Subdivision as detailed in Report No. IES10-032; and THAT Council enact By-law No. 5260-10 for the assumption of the subject municipal services; and THAT the Director of Infrastructure & Environmental Services be authorized to issue a Certificate of Acceptance of public works for said lands as required under Section 3.12 of the Subdivision Agreement; and THAT the Treasurer be directed to release the municipal servicing securities held in relation to this part of the Aurora Gardens Subdivision. 12. IES10-034 – Award of Tender No. IES2010-42 – Hardscaping Improvements, Library Square THAT Tender No. IES2010-42 – Hardscaping Improvements, Library Square, be awarded to Forest Ridge Landscaping Inc. at the tendered price of $108,762 plus applicable HST; and THAT the budget surplus of $27,612 be returned to source; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project. 19. PL10-048 – Zoning By-law Amendment Application Antonio Picheca 15387 Yonge Street Lot 15, Plan 5 File Numbers D14-20-08 and D11-06-09 THAT Implementing Zoning By-law 5262-10 be enacted to amend the existing “Special Mixed Density Residential (R5-12) Exception Zone” to permit a personal service shop as an additional permitted use, a reduced parking standard and site specific development standards; and THAT subject to any issues or comments raised by Council, Site Plan Application D11-06-09 be approved to permit the construction of a two-storey commercial building; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Agreement. 20. Correspondence from the Town of Whitchurch-Stouffville Re: York Region Courts for Provincial Offences – Proposed Amendments to Inter-Municipal Agreement (J00) THAT Council receive the correspondence. Council Meeting Minutes Tuesday, July 13, 2010 Page 7 of 16 21. Correspondence from Bob Callow, Chair Re: Aurora Mayor’s Prayer Breakfast Committee THAT the letter dated June 21, 2010 from Mr. Callow be received; and THAT the Town of Aurora Council recognize and endorse the Aurora Mayor’s Prayer Breakfast taking place on November 9, 2010. 23. Memorandum from Mayor Morris Re: Letter from Aurora Chamber of Commerce regarding the 15th Annual Aurora Chamber Street Festival THAT the letter from the Aurora Chamber of Commerce regarding the 15th Annual Aurora Chamber Street Festival be received. 24. Memorandum from Mayor Morris Re: Letter from Mayor R. Bonnette of the Town of Halton Hills regarding Motion: Request to Province to Cover all Appeal Costs to the Ontario Municipal Board for Growth Plan Conformity Exercises THAT the letter from Mayor R. Bonnette be received; and THAT Council endorse the recommendations regarding Motion: Request to Province to Cover All Appeal Costs to the Ontario Municipal Board for Growth Plan Conformity Exercises. 28. Memorandum from the Director of Building and By-law Services Re: OSPCA York Branch Ringworm Update THAT Council receive the memo dated July 13, 2010 regarding the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) York Branch Ringworm Update. 31. Adoption of Recommendations from Closed Session Meeting of April 27, 2010 THAT the recommendations from the Closed Session meeting of Council held on April 27, 2010 regarding the following matter be approved: 1) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Re: Aurora Gardens Development Corp. Ltd., Proposed Assumption by the Town of Subdivision 65M-3222. Adoption of Recommendations from Closed Session Meeting of June 15, 2010 THAT the recommendations from the Closed Session meeting of Council held on June 15, 2010 regarding the following matter be approved: 1) Labour relations or employee negotiations; Re: CUPE Negotiations – Update and Direction. CARRIED Council Meeting Minutes Tuesday, July 13, 2010 Page 8 of 16 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 15. PR10-020 – Aurora Soccer Club Renewal of Lease Moved by Councillor Buck Seconded by Councillor MacEachern THAT Council authorize the Mayor and Clerk to renew the existing lease with the Aurora Soccer Club (ASC) for a further five (5) year term in accordance with section 3(2) of the existing Agreement. CARRIED UNANIMOUSLY 17. PL10-046 – Zoning By-Law Amendment and Site Plan Applications Robert Colagiacomo in Trust and 1769123 Ontario Inc. 222 and 244 Wellington St. E and 230 and 236 Wellington St. E. File Numbers D14-01-10 and D11-11-08(A) Moved by Councillor Buck Seconded by Councillor Granger THAT Implementing Zoning By-law 5264-10 be enacted to rezone the subject lands from “Rural General (RU) Zone” to “Service Commercial (C3-17) Exception Zone” and to amend the lands zoned “Service Commercial (C3-17) Exception Zone” to permit site specific commercial uses, offices, clinics and retail uses and including site specific development standards and a reduced parking standard; and THAT subject to any issues or comments raised by Council and subject to the approval of the cross easements and lot line adjustment applications as discussed in this report by the Committee of Adjustment; Site Plan Application (D11-11-08 (A)) be approved to permit the construction of two additional buildings within the existing commercial office development; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Agreement. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Buck, Collins-Mrakas, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Gaertner Councillor Gallo was absent. 1. CAO10-011 – Offer to Purchase from Metrolinx (Go Transit) for Road Allowance Known as Ross Street Moved by Councillor Gaertner Seconded by Councillor Granger THAT the Offer to Purchase Agreement between the Town and Metrolinx be approved in the form attached to Report CAO10-011 and that the Mayor and Clerk take all actions and execute all necessary documentation in connection with the sale of Ross Street; and THAT Council enact By-law 5206-10 to declare as surplus, close and sell Ross Street on Plans 17 and 68. Council Meeting Minutes Tuesday, July 13, 2010 Page 9 of 16 On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Buck Councillor Gallo was absent. 3. CAO10-013 – Advisory Committee Accomplishments Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT report CAO10-013 be received. CARRIED 7. CLS10-017 – Pending List Moved by Councillor Collins-Mrakas Seconded by Councillor Wilson THAT Item NB78 be deleted, item completed. CARRIED Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Item NB81 be deleted, item completed. CARRIED Moved by Councillor Wilson Seconded by Councillor Granger THAT Item NB80 be deleted, item completed. CARRIED Moved by Councillor Wilson Seconded by Councillor Gaertner THAT report CLS10-017 be received as amended. CARRIED 9. IES10-031 – Bloomington Road Reconstruction – Bathurst Street to Yonge Street – Sidewalk/Bikeway and Illumination Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Council authorize that the Regional detailed design of Bloomington Road Reconstruction be revised to delete the sidewalk, illumination, and off- road bikeway from Yonge Street to Bayview Avenue; and THAT Council authorize funding for the construction of sidewalk, off-road bikeway, and illumination on Bloomington Road between Bathurst Street and Yonge Street per Capital Project No. 31056 at a budget of $644,000; and Council Meeting Minutes Tuesday, July 13, 2010 Page 10 of 16 THAT the funding of $75,000 for Capital Project No. 31038 for a needs assessment be returned to the appropriate reserve fund. CARRIED Councillor McRoberts assumed the Chair at 10:21 p.m. and relinquished the Chair to Mayor Morris at 10:27 p.m. 11. IES10-033 – Funding Increase for Pavement Markings Moved by Councillor Collins-Mrakas Seconded by Councillor Wilson THAT Council authorize the increase to purchase order No. 2009-000-393 for KDN Pavement Markings Ltd. from $49,000 to $115,000 excluding taxes to extend the existing pavement marking services contract PW2009-37. CARRIED 14. LGL10-003 – Amending the Council Code of Conduct Complaint Protocol Moved by Councillor McRoberts Seconded by Councillor Granger THAT Council receive Report No. LGL10-003; and THAT Council enact By-law 5263-10, being a By-law to amend the Council Code of Conduct, to amend Part B: Formal Complaint Procedure – Integrity Commissioner, as contained within section 12 of the Council Code of Conduct (Compliance with the Code - Complaint Protocol), to provide for any formal complaints received after August 1 of an election year to be held in abeyance until the new Council is organized; and THAT the Integrity Commissioner be requested to review the adopted Code of Conduct and provide recommendations to the incoming Council. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Buck Councillor Gallo was absent. 16. PR10-028 – 2010 Community Grant Requests – Additional Requests Moved by Councillor Gaertner Seconded by Councillor Granger THAT the 2010 Community Grant requests received from Ms Annie Wang, the Aurora Skating Club, the Aurora Seniors Association and the Wells Street School Council be approved in the amount of $2,502.30. CARRIED Councillor Buck left the meeting at 11:10 p.m. Council Meeting Minutes Tuesday, July 13, 2010 Page 11 of 16 18. PL10-047 – Aurora Promenade Streetscape Plan and Related “Downtown – Core Area” Capital Works Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council authorize the expenditure of a maximum of $20,000 for an “Aurora Promenade Streetscape Design and Implementation Plan”, to be funded from the discretionary Council contingency account; and On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 0 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: None Councillors Buck and Gallo were absent. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council authorize the expenditure of $30,000 for the Quick Wins initiatives and improvements in the Promenade Area to be funded from the Whitwell financial contribution. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 1 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas Councillors Buck and Gallo were absent. 22. Memorandum from Mayor Morris Re: Recipients of the 2010 Town of Aurora Governance Awards Moved by Councillor Gaertner Seconded by Councillor Granger THAT Council receive the Memorandum from Mayor Morris regarding Recipients of the 2010 Town of Aurora Governance Awards. CARRIED 25. Memorandum from Councillor MacEachern Re: Notice of Motion Provided at June 15, 2010 General Committee Meeting Re: Meeting Attendance Record Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council direct staff to prepare a report that reflects member attendance at all General Committee, Special General Committee, Council, Special Council and Closed Session Meetings; and THAT the report be included on the August or September 2010 Council agenda. Council Meeting Minutes Tuesday, July 13, 2010 Page 12 of 16 On a recorded vote the motion CARRIED. YEAS: 4 NAYS: 3 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas, McRoberts and Wilson Councillors Buck and Gallo were absent. 26. Memorandum from John D. Leach, Director of Customer & Legislative Services/Town Clerk Re: Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaint #001 Moved by Councillor Wilson Seconded by Councillor Gaertner THAT the Report to Council regarding Complaint #001 from Integrity Commissioner, David H. Tsubouchi, dated July 3, 2010 be deferred to the next meeting. CARRIED 27. Memorandum from John D. Leach, Director of Customer & Legislative Services/Town Clerk Re: Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaint #002 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Report to Council regarding Complaint #002 from Integrity Commissioner, David H. Tsubouchi, dated July 3, 2010 be deferred to the next meeting. CARRIED 29. Memorandum from the Manager of Legislative Services/Deputy Clerk Re: Central York Fire Services – Joint Council Committee Minutes of June 29, 2010 Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council receive and endorse the recommendations of the Central York Fire Services Joint Council Committee. CARRIED 30. EDAC10-04 – Economic Development Advisory Committee Meeting Minutes of June 10, 2010 Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the Economic Development Advisory Committee Meeting minutes of the June 10, 2010 meeting be received. CARRIED Council Meeting Minutes Tuesday, July 13, 2010 Page 13 of 16 32. Memorandum from Mayor Morris Re: Support Request for the 10% – 2010 Contraband Objective Campaign – Letter from the Canadian Convenience Stores Association Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council receive the letter from the Canadian Convenience Stores Association. CARRIED XI REGIONAL REPORT York Regional Council Highlights – July 13, 2010 Mayor’s Report Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the Regional Report be received. CARRIED XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Mayor Morris inquired as to when information regarding the ownership of lands located at Yonge and Wellington on the southwest corner to the Temperance Street parkette would be available as this information is required for the Downtown Revitalization Committee (Yonge & Wellington Corridor Study Steering Committee). Mayor Morris asked Council if the August 17 Council date should be changed to August 10 to accommodate those who may wish to attend the AMO Conference. Mayor Morris suggested that a Special Meeting could be called on August 10, 2010 and that the August 17 meeting could be cancelled. XIII CLOSED SESSION Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council resolve into a Closed Session, following adjournment, to consider: 1. Litigation or potential litigation, regarding the Stronach Aurora Recreation Complex, including matters before administrative tribunals, affecting the municipality or local board; Re: Bondfield v. The Town The Town v. Bondfield, NORR and Aveiro The Town v. Zurich 2. A proposed or pending acquisition or disposition of land for municipal or local board; Re: Proposed Lease of 215 Industrial Parkway to Department of National Defense 3. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Westhill Redevelopment Company Limited, Ontario Municipal Board Appeal CARRIED Council Meeting Minutes Tuesday, July 13, 2010 Page 14 of 16 Rise and report from Closed Session 12:40 Moved by Councillor MacEachern Seconded by Councillor Wilson THAT subject to Treasury Board approval, Council authorizes the Mayor and the Town Clerk to execute the lease agreement with the Federal Government of Canada to lease 215 Industrial Parkway South based on the terms outlined in report number IES10-030 and the proposed lease agreement, provided the impact on insurance premiums and the provision of a fire security system and final inspection of property by National Defence are favourable; and THAT staff be authorized to proceed with awarding a tender for a fire security system with an upset limit of $100,000; and THAT Council approve the funding required for preparations to the facility for occupancy and operating funds as per the proposed lease agreement. On a recorded vote the motion CARRIED UNANIMOUSLY. YEAS: 7 NAYS: 0 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: None Councillors Buck and Gallo were absent. Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council receive the memorandum dated July 13, 2010 from the Director of Legal Services; and THAT Council direct the Town Solicitor to retain the services of Rodney V. Northey of Fogler, Rubinoff LLP as co-council for the purpose of the upcoming OMB appeal hearing brought by Westhill Redevelopment Company Limited. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 1 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas Councillors Buck and Gallo were absent. XIV READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5206-10 BEING A BY-LAW to declare as surplus, close and sell Ross Street to Metrolinx (Report CAO10-011) Council Meeting Minutes Tuesday, July 13, 2010 Page 15 of 16 5259-10 BEING A BY-LAW to appoint a Joint Compliance Audit Committee (Report CLS10-018) 5260-10 BEING A BY-LAW to assume above ground and below ground municipal services, to establish certain lands as highways, and to assume highways (Aurora Gardens Subdivision) (Report IES10-032) 5261-10 BEING A BY-LAW to amend Parking By-law 4574-04.T, as amended, with respect to stopping on Mavrinac Boulevard 5262-10 BEING A BY-LAW to amend Zoning By-law No. 2213-78, as amended (15387 Yonge Street) (Report PL10-048) 5263-10 BEING A BY-LAW to amend the Council Code of Conduct (as amended) (Report LGL10-003) 5264-10 BEING A BY-LAW to amend By-law 5130-09.D and Zoning By-law No. 2213-78, As amended (222, 230, 236 and 244 Wellington Street East) (Report PL10-046) 5266-10 BEING A BY-LAW to amend the Town’s Business Licensing By-law relating to Taxicab Meter Rates (Report BBS10-008) CARRIED Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the following listed confirming by-law be given 1st, 2nd and 3rd readings, and enacted: 5265-10 BEING A BY-LAW to Confirm Actions Council Resulting from Council Meeting 10-16 on July 13, 2010 CARRIED Council Meeting Minutes Tuesday, July 13, 2010 Page 16 of 16 XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 12:45 a.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF COUNCIL MEETING 10-16 WERE APPROVED AT COUNCIL ON TUESDAY, AUGUST 17, 2010.