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MINUTES - Council - 20110125 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, January 25, 2011 ATTENDANCE COMMITTEE MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes (arrived at 7:03 p.m.), Pirri, and Thompson 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, Manager of Financial Planning, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:01 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 Gaertner Seconded by Councillor Gallo THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  New Delegation (c) Graham Wride Re: Item 11 - Motion Regarding Reverting the Aurora Town Hall Address to 100 John West Way  New Delegation (d) Susan Walmer, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 5 - PL11-002 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc.  Additional Information Re: Item 6 - PL11-003 – Regional Modifications and Approval of the 2C Secondary Plan (OPA#73) Delegation (b) Gordon Barnes PowerPoint Presentation  Additional Information Re: Item 6 - PL11-003 – Regional Modifications and Approval of the 2C Secondary Plan (OPA#73) Email from Ian Laing, Fire Chief of Central York Fire Services Re: Hartwell Way Extension Council Meeting Minutes Tuesday, January 25, 2011 Page 2 of 11  Additional Information Re: Item 6 - PL11-003 – Regional Modifications and Approval of the 2C Secondary Plan (OPA#73) Correspondence received from Don Given, President, Malone Given Parsons Ltd. Re: Clarification of Comments Made Regarding the 2C Secondary Plan CARRIED III OPEN FORUM Mario Crudo addressed Council regarding his concerns regarding the Hartwell Way extension. He noted that the conservation area should be protected and that there is a wonderful park in that neighbourhood. Mr. Crudo encouraged Council to engage the community for more input before proceeding any further. Manu Prashar also expressed his concerns regarding the Hartwell Way extension. He stated that he does not understand why Council initially negated the extension but is now taking it into consideration. Mr. Prashar said that the anticipated increase in traffic puts the community at significant risk. IV ADOPTION OF MINUTES Special Council 10-29 Minutes of Tuesday, December 21, 2010 Special Council 10-30 Minutes of Tuesday, December 21, 2010 Moved by Councillor Pirri Seconded by Councillor Ballard THAT the Special Council 10-29 minutes of Tuesday, December 21, 2010 and the Special Council 10-30 minutes of Tuesday, December 21, 2010 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Ilmar Simanovskis, Director of Infrastructure & Environmental Services; and Rosa D’Amico, Manager, Infrastructure & Business Management (A), and Tracey Carrigan, Manager of Environmental Education & Promotion, Environmental Services Department, York Region Re: Inflow & Infiltration Reduction and Long-Term Water Conservation Strategies The Director of Infrastructure & Environmental Services provided Council with an overview of the inflow and infiltration reduction strategy. He discussed long-term water conservation, region-wide strategies and provided an overview of servicing and how water is balanced within the Region. The Director of Infrastructure and Environmental Services also noted that due to the complexity, collaborative efforts are required and that, through Regional and municipal water and wastewater workshops, processes and strategies are being developed with strong communication programs. Rosa D’Amico, Manager, Infrastructure & Business Management (A), York Region, presented inflow and infiltration reduction strategy components and goals, and how they can be achieved through various measures. Council Meeting Minutes Tuesday, January 25, 2011 Page 3 of 11 Tracey Carrigan, Manager of Environmental Education & Promotion, Environmental Services Department, York Region, discussed the long-term water conservation strategy. She noted that a sustainable approach to water use must be developed and implemented through Regional and local municipal coordination. Moved by Councillor Buck Seconded by Councillor Humfryes THAT Council receive the Inflow and Infiltration Reduction and Long-Term Water Conservation Strategies presentation. CARRIED VI PUBLIC SERVICE ANNOUNCEMENTS The Chief Administrative Officer advised Council that the Town of Aurora was the recipient of two United Way campaign awards; The Municipal Challenge Award and The Quantum Leap Spirit Award. He noted that the monetary goal was exceeded with over $15,000 raised. Further, he congratulated Heather Green, Jennifer Norton, Michelle Dudzik and John Firman for their efforts as members of the Town of Aurora’s United Way Committee. Councillor Ballard stated that he was thrilled to read the Aurora Cultural Centre highlights and that it was exciting to see so much going on in the building with the many organizations utilizing the facility. Councillor Gaertner advised that the York Region website, www.york.ca has an Emergency Management Preparedness Guide and a Seniors Guide as well. She inquired how residents without Internet access could obtain a copy and the Chief Administrative Officer stated that the Town of Aurora would request a few copies or residents may call York Region directly. Councillor Gaertner also noted that green bins are back in business and that they would be processed properly. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15 were identified as items requiring separate discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 and 14 were identified as items not requiring separate discussion. Moved by Councillor Gallo Seconded by Councillor Buck 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 Meeting of Minutes of Tuesday, January 18, 2011 THAT the minutes of the General Committee meeting of Tuesday, January 18, 2011 be received and the recommendations carried by the Committee be approved. Council Meeting Minutes Tuesday, January 25, 2011 Page 4 of 11 14. Memorandum from Cindy Janzen, Manager of Legislative Services/Deputy Clerk Re: Change to Budget Meetings THAT Council cancel the Saturday, February 12, 2011 Special General Committee meeting (operating budget); and THAT Council add a Special General Committee meeting (operating budget) on Monday, February 14, 2011 at 9:00 a.m. to 4:00 p.m. CARRIED IX DELEGATIONS (a) Svetoslava Topouzova, George Topouzov, Residents Re: Request to Convert the Area at Bayview Avenue and St. John’s Sideroad into a Community Park (Deferred from General Committee meeting of January 18, 2011) Svetoslava Topouzova explained her concerns regarding the trees located within the area of Bayview Avenue and St. John’s Sideroad. She noted that the property is currently owned by the Daniels Group who is proposing a development that could destroy a number of mature, beautiful trees. Ms Topouzova also stated that she had made a presentation to the Environmental Advisory Committee last year and received their support, and that there seemed to be strong community support as well. George Topouzov requested Council’s consideration to work with the developer by proposing a community park. Moved by Councillor Gaertner Seconded by Councillor Ballard THAT Council receive and refer the comments of the delegates to the Director of Planning and Development Services for a memorandum to be brought back to Council. CARRIED (b) Gordon Barnes, Resident Re: Item 6 (13) PL11-003 – Regional Modifications and Approval of the 2C Secondary Plan (OPA # 73) Gordon Barnes commented on and reviewed the 2C Secondary Plan and stated that the goals to achieve economic vitality, a healthy community and a natural environment could encourage long-term prosperity. He noted that there are two Regional roads that disconnect the greenlands. Mr. Barnes explained the differences between the various types of roads. He encouraged bridges that would accommodate walkers, bicyclists, and drivers; and underpasses to accommodate trail hikers and wildlife. Moved by Councillor Gallo Seconded by Councillor Abel THAT Council receive and refer the comments of the delegate to Item 6. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 5 of 11 (c) Graham Wride Re: Item 11 - Motion Regarding Reverting the Aurora Town Hall Address to 100 John West Way Graham Wride reviewed the history of the Town Hall address and requested that Council revert back to the original and proper address thereby restoring transparency, decorum and the honour that was rescinded in 2004. Moved by Councillor Buck Seconded by Councillor Humfryes THAT Council receive and refer the comments of the delegate to Item 11. CARRIED (d) Susan Walmer, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 5 - PL11-002 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. Susan Walmer discussed how vital resident input is to the planning process. She noted that “Party Rights” have to be granted by the Ontario Municipal Board in order to participate in the process. She expressed concern as this could be an onerous task with a potential five-week hearing. Moved by Councillor Buck Seconded by Councillor Abel THAT Council receive and refer the comments of the delegate to Item 5. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Buck Seconded by Councillor Humfryes THAT Items 11 and 12 be brought forward for consideration. CARRIED 11. Memorandum from Councillor Buck Re: Motion regarding Reverting the Aurora Town Hall Address Back to 100 John West Way (Notice of Motion provided at Council meeting of December 14, 2010) Moved by Councillor Ballard Seconded by Councillor Gallo THAT the memorandum regarding Reverting the Aurora Town Hall Address Back to 100 John West Way be referred to staff for a report back to the next Council meeting. DEFEATED Moved by Councillor Buck Seconded by Councillor Abel THAT the address of 100 John West Way be restored to the Aurora Town Hall. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 6 of 11 12. Memorandum from Councillor Buck Re: Motion regarding Partnership with Neighbourhood Network (Notice of Motion provided at Council meeting of December 14, 2010) Moved by Councillor Gaertner Seconded by Councillor Ballard THAT the memorandum regarding a Partnership with Neighbourhood Network be referred back to staff for information regarding agreement requirements, how it affects the Info Aurora partnership, any legal implications or liabilities, and whether the organization is directly or indirectly related to Magna and how this affects future, real or perceived, issues the Town could be in conflict with, related to Magna. DEFEATED Moved by Councillor Buck Seconded by Councillor Abel THAT the Town of Aurora accept the invitation and honour to partner with Neighbourhood Network. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gaertner 5. Deferred from General Committee Meeting of January 18, 2011 (12) PL11-002 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. Plan M-42, Block B & Part of Block A Official Plan Amendment File Number: D09-03-08 Zoning By-law Amendment File Number: D14-14-08 Moved by Councillor Gallo Seconded by Councillor Ballard THAT Council defer its decision on the staff report to the next Council meeting; and THAT the Town Solicitor either adjourn the presently scheduled February 7 prehearing, or request another prehearing subsequent to February 8; and THAT Planning staff assist discussions between ratepayers and the applicant. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 7 of 11 6. Deferred from General Committee Meeting of January 18, 2011 (13) PL11-003 – Regional Modifications and Approval of the 2C Secondary Plan (OPA # 73) Moved by Councillor Humfryes Seconded by Councillor Buck THAT staff report PL11-003 be received; and THAT Council endorse the Region’s proposed modifications to the 2C Secondary Plan (OPA 73) with the suggested revision as outlined within modification # 7. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo 2. Deferred from General Committee Meeting of January 18, 2011 (7) IES11-002 – Award of RFP No. IES2010-73 – Architectural Consulting Services for a New Operations Centre Moved by Councillor Thompson Seconded by Councillor Abel THAT this Item be deferred to the February 22, 2011 Council meeting. CARRIED 3. Deferred from General Committee Meeting of January 18, 2011 (9) IES11-004 – Janitorial Services Contract for Town of Aurora Facilities Moved by Councillor Buck Seconded by Councillor Gallo THAT Council receive report No. IES11-004; and THAT Council approve award of RFP IES2010-71 for janitorial supplies and services to Royal Building Cleaning Ltd. in the amount of $1,883,080, excluding taxes, over a five (5) year period. CARRIED 4. Deferred from General Committee Meeting of January 18, 2011 (10) IES11-005 – Implementation of a Work Order Management/Asset Management System (WAMS) Moved by Councillor Buck Seconded by Councillor Thompson THAT this Item be deferred to the February 22, 2011 Council meeting. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 8 of 11 8. Memorandum from Mayor Geoffrey Dawe Re: Termination of the Contract for the Integrity Commissioner Services and Review of the Code of Conduct (Notice of Motion provided at Council meeting of December 14, 2010) Moved by Councillor Gallo Seconded by Councillor Pirri THAT Council receive the Memorandum regarding the Termination of the Contract for the Integrity Commissioner Services and Review of the Code of Conduct. CARRIED 7. Memorandum from Mayor Geoffrey Dawe Re: Thank You Letter from Eric Jolliffe, York Regional Police Moved by Councillor Buck Seconded by Councillor Ballard THAT Council receive the Thank You Letter from Eric Jolliffe, York Regional Police, for information. CARRIED 9. Memorandum from John D. Leach, Director of Customer and Legislative Services, Town Clerk Re: Integrity Commissioner/Notice of Contract Termination Moved by Councillor Gaertner Seconded by Councillor Gallo THAT the letter from the Integrity Commissioner dated January 20, 2011 providing notice of termination of his contract be received; and THAT Council members be provided a copy of the Integrity Commissioner’s Code of Conduct report. CARRIED 10. Memorandum from Mayor Geoffrey Dawe Re: Removal from the Town’s Website of the Code of Conduct Complaint Against Councillor Buck (Notice of Motion provided at Council meeting of December 14, 2010) Moved by Councillor Abel Seconded by Councillor Thompson THAT the Code of Conduct Complaint against Councillor Buck dated July 21, 2009 be removed from the Town of Aurora website. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 9 of 11 13. Memorandum from Cindy Janzen, Manager of Legislative Services/Deputy Clerk Re: By-law 5298-11 – Agreement for Consolidated Fire Services Department – Amendment to Schedule A – Membership Moved by Councillor Gaertner Seconded by Councillor Thompson THAT Council receive for information this memorandum regarding By-law 5298-11 being a by-law to amend the Services Agreement with the Town of Newmarket for a consolidated Fire and Emergency Services Department; and THAT Council enact By-law 5298-11. CARRIED 15. Reporting Out from Closed Session Meeting of January 18, 2011 Re: A proposed or pending acquisition or disposition of land by the municipality or local board; Re: CAO11 -001 - Acquisition of Balance of the Case Woodlot Moved by Councillor Gaertner Seconded by Councillor Buck THAT the following recommendations from the Closed Session meeting of General Committee held on January 18, 2011 regarding the above-noted matter be reported out and adopted: THAT the Chief Administrative Officer be directed to arrange the terms and conditions of an Offer to Sell Agreement with the owner of the balance of the Case Woodlot lands, currently Brookfield Homes (Ontario) Ltd., to sell the lands to the Town; and THAT the Chief Administrative Officer report back to Council with the proposed final Offer to Sell Agreement for Council’s consideration and approval along with the applicable By-law for enactment; and THAT staff be directed, in connection with the Town’s proposed acquisition of the balance of the Case Woodlot lands, to request from The Regional Municipality of York, a contribution from the Greening Strategy Land Securement Fund, and that the Mayor and Clerk be authorized to execute such documents necessary to complete such request. Reporting out from Closed Session Meeting of January 18, 2011 Re: Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action THAT the confidential recommendations from the Closed Session meeting of General Committee held on January 18, 2011 regarding the above- noted matter be adopted. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 10 of 11 XI REGIONAL REPORT York Regional Council Highlights – December 16, 2010 Mayor’s Report Moved by Councillor Buck Seconded by Councillor Abel THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Humfryes provided Notice of Motion to reconsider the Parkland Requirements for the 2C Secondary Plan. XIII CLOSED SESSION Moved by Councillor Abel Seconded by Councillor Buck THAT Council resolve into a Closed Session to consider the following matters:  Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action  Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Re: Confidentiality and E-mail Communication CARRIED Council recessed at 10:18 p.m. to resolve into Closed Session. Councillor Gaertner departed the meeting at 10:26. Council reconvened at 11:53 p.m. Moved by Councillor Abel Seconded by Councillor Thompson THAT the Procedural By-law be waived to extend the hour. CARRIED Moved by Councillor Thompson Seconded by Councillor Pirri THAT Council rise and report out from Closed Session to confirm the confidential direction provided in Closed Session. CARRIED Council Meeting Minutes Tuesday, January 25, 2011 Page 11 of 11 XIV READING OF BY-LAWS Moved by Councillor Buck Seconded by Councillor Gallo THAT the following listed by-law be given first, second, and third readings and enacted; and 5298-11 BEING A BY-LAW to amend the Services Agreement with the Town of Newmarket for a consolidated Fire and Emergency Services Department CARRIED Moved by Councillor Buck Seconded by Councillor Pirri THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5304-11 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting on Tuesday, January 25, 2011 CARRIED XV ADJOURNMENT Moved by Councillor Gallo THAT the meeting be adjourned at 11:54 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF JANUARY 25, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON FEBRUARY 8, 2011.