MINUTES - Council - 20101214 TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 10-28
Council Chambers
Aurora Town Hall
Tuesday, December 14, 2010
ATTENDANCE
COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard,
Buck, Gaertner, Gallo, Humfryes, 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, Director of Corporate and Financial
Services/Treasurer, and Council/Committee Secretary
Mayor Dawe called the meeting to order at 7:03 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor Humfryes declared an interest in Item 10 and Item 21 as her husband
is a firefighter.
II APPROVAL OF AGENDA
Moved by Councillor Buck Seconded by Councillor Abel
THAT Item 20 be removed from the agenda.
DEFEATED
Moved by Councillor Gaertner Seconded by Councillor Ballard
THAT Item 15 and Item 16 be removed as they contravene the Procedural
By-law.
On a recorded vote the motion was DEFEATED.
YEAS: 2 NAYS: 7
VOTING YEAS: Councillors Ballard and Gaertner
VOTING NAYS: Councillors Abel, Buck, Gallo, Humfryes, Pirri,
Thompson, and Mayor Dawe
AMENDED
Council Meeting Minutes
Tuesday, December 14, 2010
Page 2 of 11
Moved by Councillor Buck Seconded by Councillor Gallo
THAT the agenda as circulated by the Customer and Legislative Services
Department, with the following additional items, be approved:
Additional Information and PowerPoint Presentation
Re: Presentation from Cyndy Skillins, PACT Aurora (Police &
Community Together) Introduction and Parks Ambassador
Program
Delegation (d) Brian Moreau, OSPCA’s Provincial Education and
Animal Centre Manager, and Judi Meyntz, OSPCA’s Project
Manager and ACO Supervisor
Re: Item 3 – BBS10-015 – Animal Control Services Contract
Extension (OSPCA)
CARRIED
III OPEN FORUM
Charles Sequeira, President, of the Aurora Seniors Association, welcomed
Mayor Dawe and the new members of Council.
IV ADOPTION OF MINUTES
Council Meeting Minutes of Tuesday, November 23, 2010 and the Inaugural
Council Meeting Minutes of Tuesday, December 7, 2010
Moved by Councillor Buck Seconded by Councillor Thompson
THAT the Council Meeting Minutes of Tuesday, November 23, 2010 and
the Inaugural Council Meeting Minutes of Tuesday, December 7, 2010 be
adopted as printed and circulated.
CARRIED
V PRESENTATIONS
(a) Cyndy Skillins, PACT Aurora (Police & Community Together)
Introduction and Parks Ambassador Program
Cyndy Skillins, representing PACT Aurora, introduced the organization and
summarized their mandate and goals. She stated that PACT Aurora formed
initially in 1998 as a liaison group with York Regional Police and then expanded
in 2006 to include the Ontario Provincial Police. Ms Skillins noted that the
mandate of PACT Aurora is to maintain a meaningful community/police
relationship that can work together to identify, prioritize, and solve local policing
issues. She said that PACT Aurora is proactive in community relations and acts
as a resource for police and the community. Ms Skillins also discussed the
Parks Ambassador Program that other communities have implemented with
great success. She said that the program hopes to increase community watches
through a mobile watch program and to create a cost-effective program for the
Town of Aurora and police to assist in placing manpower where needed. Ms
Skillins requested support from the Town of Aurora and will be meeting with
Mayor Dawe in the coming days to discuss the potential for this program in the
Town of Aurora.
Council Meeting Minutes
Tuesday, December 14, 2010
Page 3 of 11
Moved by Councillor Buck Seconded by Councillor Ballard
THAT the Presentation regarding PACT Aurora (Police & Community
Together) and the Parks Ambassador Program be received.
CARRIED
VI PUBLIC SERVICE ANNOUNCEMENTS
None
VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 2, 3, 4, 10, 12, 13, 17, and 20 were identified for discussion.
VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Items 1, 5, 6, 7, 8, 9, 11, 14, 15, 16, 18, 19, and 21 were identified as items not
requiring separate discussion.
Moved by Councillor Buck Seconded by Councillor Pirri
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. CAO10-019 – York Region Courts for Provincial Offences – York Region
Courts Inter-Municipal Agreement
THAT Council receive Report No. CAO10-019; and
THAT Council approve the York Region Courts Inter-Municipal
Agreement; and
THAT Council authorize the Mayor and Town Clerk to execute the York
Region Courts Inter-Municipal Agreement.
5. CFS10-036 – Renewal of External Auditor Contract
THAT report CFS10-036 be received; and
THAT the expired three-year appointment of Grant Thornton, LLP as the
Town’s auditor be extended for an additional two-year period, to provide
external audit services for the operating year-ends December 31, 2010
and 2011.
6. CFS10-038 – 2010 Report on Corporate Financing Leases
THAT report CFS10-038 be received for information.
7. CFS10-041– 2011 Interim Tax Levy
THAT report CFS10-041 be received; and
Council Meeting Minutes
Tuesday, December 14, 2010
Page 4 of 11
THAT By-law No. 5293-10 be adopted to authorize the levying of interim
tax amounts on all rateable properties and to establish instalment due
dates.
8. CFS10-042 – Release of Contingent Funding from the 2010 Operating
Budget
THAT report CFS10-042 be received; and
THAT an additional transfer of $24,400 of operational grant funding to the
Aurora Public Library Board be authorized, funded from the Town’s
Working Capital Reserve, account number 3-4-90001-8005; and
THAT an additional draw from reserve funds in the amount of $207,600 be
approved to fund contract and wage settlements previously approved for
the Town’s union and non-union staff groups, funded from the Town’s
Working Capital Reserve, account number 3-4-90001-8005.
9. CLS10-025 – 2011 Council and Committee Meeting Calendar
THAT report CLS10-025 be received; and
THAT the 2011 Council and General Committee Meeting Calendar
attached hereto as Attachment 1 be approved.
11. CLS10-029 – 2011 Corporate Insurance Policy
THAT report CLS10-029 be received; and
THAT the insurance and risk management proposal submitted by BFL
Canada in the amount of $315,557 plus taxes be approved; and
THAT the Town of Aurora’s corporate insurance policy with BFL Canada
be extended for a one-year period.
14. PL10-069 – Application for Exemption from Part Lot Control
Royalcliff Homes Bayview Inc.
Plan 65M-4079, Lots 43, 44, 53 & 54
File Number: D12-PLC-04-10
(Related File: D12-00-1A)
THAT Council receive report no. PL10-069; and
THAT Council approve Application for Exemption from Part Lot Control
submitted by Royalcliff Homes Bayview Inc. to divide Lots 43, 44, 53 & 54
on Plan 65M-4079 into eight (8) separate lots; and
THAT Council enact By-law 5292-10.
15. Memorandum from Mayor Dawe
Re: Notice of Motion for Removal from the Town’s Website of the
Code of Conduct Complaint Against Councillor Buck
THAT the following resolution be received and referred to the January 18,
2011 General Committee agenda for consideration by Council:
Council Meeting Minutes
Tuesday, December 14, 2010
Page 5 of 11
THAT the Code of Conduct Complaint against Councillor Buck dated July
21, 2009 be removed from the Town of Aurora website.
16. Memorandum from Mayor Dawe
Re: Notice of Motion Regarding the Termination of the Contract for
Integrity Commissioner Services and Review of the Code of Conduct
THAT the following resolution be received and referred to the January 18,
2011 General Committee agenda for consideration by Council:
THAT the Integrity Commissioner be given thirty days notice of the
termination of the contract for services in accordance with the provisions
of that contract; and
THAT staff review the Code of Ethics and Code of Conduct and provide
recommendations for proceeding with a single document for Council
review.
18. Memorandum from the Former Mayor
Re: Thank You Letter from Aurora Mayor’s Prayer Breakfast Committee
THAT Council receive for information the memorandum regarding the
“Thank You Letter from Aurora Mayor’s Prayer Breakfast Committee”.
19. Memorandum from Manager of Legislative Services, Deputy Clerk
Re: Resignation of Committee of Adjustment Member
THAT Council receive for information the memorandum regarding the
“Resignation of Committee of Adjustment Member”.
21. Central York Fire Services Joint Council Committee
Minutes of Tuesday, September 21, 2010
THAT the minutes of the Central York Fire Services Joint Council
Committee meeting of Tuesday, September 21, 2010 be received and the
recommendations carried by the Committee be approved.
CARRIED
Councillor Humfryes having previously declared an interest in Item 21 did not take part
in or vote on any questions in this regard.
IX DELEGATIONS
(a) Yvonne Cattral from the Aurora Selkies & Masters Swim Club
Re: Item 20 – Town of Aurora Pool Allocation Policy
Yvonne Cattral, owner of the Aurora Selkies & Masters Swim Club, declared that
the Pool Allocation Policy was unfair and that it needs to be equitable and
transparent. She commented on the growth of her Club and the concerns she
has regarding equal access for pool usage.
Council Meeting Minutes
Tuesday, December 14, 2010
Page 6 of 11
(b) Nigel Evans, Triathelete, from the Aurora Selkies & Masters Swim Club
Re: Item 20 – Town of Aurora Pool Allocation Policy
Nigel Evans, a triathlete with the Aurora Selkies & Masters Swim Club, noted that
as a long-time resident and tax payer he did not understand why two swim clubs
cannot share the pool during the same time slot. He advised that he felt that the
policy needs to be reviewed.
(c) Gudmundur Hafthorsson, Head Coach of the Aurora Selkies
& Masters Swim Club
Re: Item 20 – Town of Aurora Pool Allocation Policy
Gudmundur Hafthorsson, Head Coach of the Aurora Selkies & Masters Swim
Club, noted that he has never experienced the same policies regarding shared
competitive groups usage as he has found at the Town of Aurora. He noted that
it did not make sense.
Moved by Councillor Buck Seconded by Councillor Gaertner
THAT the comments of the delegates be received and referred to Item 20.
CARRIED
(d) Brian Moreau, Ontario Society for the Prevention of Cruelty to Animals
(OSPCA) Provincial Education and Animal Centre Manager and Brad
Dewar, OSPCA Animal Control Officer
Re: Item 3 - BBS10-015 – Animal Control Services Contract Extension
(OSPCA)
Brian Moreau and Brad Dewar, both of the OSPCA, provided Council with an
update on the Woodbine Avenue facility. They noted that a grand reopening of
the OSPCA Provincial Education and Animal Centre will occur in early 2011 and
that the Centre will be a valuable resource to the community in all areas of
animal welfare. Mr. Dewar said that this will be the new flagship branch for the
province. He stated that they will provide enhanced service, with more staff in
the field, expanded hours, and will have consulted with the Town of Aurora’s By-
law Services to determine best practices and patrol times. Mr. Moreau said that
the OSPCA will provide practical and leading-edge methodologies to build
sustainability and capacity in animal welfare while also providing on-site training
and workshops.
Moved by Councillor Pirri Seconded by Councillor Buck
THAT the comments of the delegates be received for information.
CARRIED
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
2. BBS10-014 – Request for Sign Variance - 669 Wellington St. East, Aurora
Toyota
Moved by Councillor Gallo Seconded by Councillor Buck
THAT Council receive Report No. BBS10-014; and
Council Meeting Minutes
Tuesday, December 14, 2010
Page 7 of 11
THAT Council approve an increase to the maximum permitted sign area of
the existing ground sign located at 669 Wellington St. East, to 3.3m2
whereas the Sign By-law requires a maximum of 2.2m2.
CARRIED
3. BBS10-015 – Animal Control Services Contract Extension (OSPCA)
Moved by Councillor Pirri Seconded by Councillor Buck
THAT Council receive Report No. BBS10-015; and
THAT Council exercise the extension option in the current agreement
between the Town of Aurora and the Ontario Society for the Prevention of
Cruelty to Animals (OSPCA) for a period of one (1) year from January 1 to
December 31, 2011 subject to the terms of the amended agreement at a
cost of $191,387 plus CPI.
CARRIED
4. CFS10-035 – 2010 Surplus/Deficit Control
Moved by Councillor Gaertner Seconded by Councillor Ballard
THAT report CFS10-035 be received; and
THAT By-law Number 5287-10 be adopted to authorize the Treasurer and
the Chief Administrative Officer to make necessary year-end adjustments
and to allocate any 2010 Operating Fund surplus in the following order of
priority:
i. Any unspent funds allocated in the 2010 Budget for suggested
expenditures be returned to the respective original reserve and
reserve fund sources: Accessibility Reserve, Arts and Cultural
Reserve Fund, Building Department Fees Reserve, Election
Reserve Fund, Engineering Fees Reserve Fund, Landscape Fee
Reserve, Parks Development and Facilities Development Charges
Reserve Fund, Storm Sewers Reserve Fund, Water & Sewer
Reserve Fund, and WSIB Reserve Fund;
ii. That any net Building Permit revenue surplus/deficit be allocated
to/funded from the Building Department Fees Reserve;
iii. Up to a maximum of the first $100,000.00 of any remaining surplus
be retained for 2011 Budget funding, subject to Council’s 2011
budget deliberations;
iv. Up to a maximum of $275,000.00 of any then remaining surplus be
allocated to the Tax Rate Stabilization Reserve Fund to assist with
stabilizing tax rates in future years which may experience
fluctuations due to significant changes in service levels or municipal
costs, or changes in expected revenues;
v. That the then remainder of any surplus may be allocated to budget
carry-forward items, being Council approved projects or initiatives
funded in the Operating Fund in the subject year, but not started by
year-end; and
vi. That the remainder of any surplus be allocated to the Municipal
Capital Reserve;
Council Meeting Minutes
Tuesday, December 14, 2010
Page 8 of 11
THAT the provisions made within By-law Number 5287-10 be adopted to
authorize the Treasurer and the Chief Administrative Officer to allocate
any 2010 surplus or alternatively fund any deficit in the Water,
Wastewater, Stormwater, or Pumping Station budgets to or from the
appropriate related reserve accounts; and
THAT the Treasurer and Chief Administrative Officer report to Council
through General Committee after the year-end surplus/deficit control
adjustments and allocations have been performed.
CARRIED
Councillor Humfryes having previously declared an interest in Item 10 did not take part
in or vote on any questions in this regard.
10. CLS10-026 – Statutory and Advisory Committees
Moved by Councillor Gallo Seconded by Councillor Abel
THAT report CLS10-026 be received; and
THAT the matter of the appointment of three Members of Council to sit
on the Joint Council Committee which oversees the operation of the
Central York Fire Services, as the Town of Aurora’s representatives on the
Committee be referred to the Mayor; and
THAT staff be directed to advertise for applications to statutory boards and
committees namely, the Aurora Public Library Board, the Committee of
Adjustment, and the Accessibility Advisory Committee; and
THAT staff provide Council with a report regarding which advisory
committees should be reconstituted for the 2010-2014 term of office.
CARRIED
12. PR10-035 – 2010 Community Grant Requests – Additional Requests
Moved by Councillor Gallo Seconded by Councillor Buck
THAT report PR10-035 be received; and
THAT Council approve the 2010 Community Grant request received from
Optimist Club of Aurora Inc. ($1,000.00) and Ms Shay Pileggi ($867.00)
and York Region 55+ Games ($500.00); and
THAT Council deny 2010 Community Grant requests received from
Artcures Inc. ($1,000.00).
CARRIED
13. PL10-068 – Proposed Demolition of Existing Addition to a Listed Heritage
Property – 41 Larmont Street
Moved by Councillor Buck Seconded by Councillor Gallo
THAT Council receive report no. PL10-68; and
THAT Council approve demolition of the existing rear addition at 41
Larmont Street.
CARRIED
Council Meeting Minutes
Tuesday, December 14, 2010
Page 9 of 11
17. Memorandum from the Chief Administrative Officer
Re: Council Offsite Education Meeting
Moved by Councillor Buck Seconded by Councillor Thompson
THAT Council receive this memorandum; and
THAT Council hold a meeting that is closed to the public pursuant to
subsection 239(3.1) of the Municipal Act, 2001 for the purpose of
educating its Members on topics including: development of (a) strategic
plan(s), budget pressures and options, land/space accommodations and
the needs of youth in Aurora; and
THAT the meeting be held at the Kingbridge Centre, 12750 Jane Street,
King City, Ontario, starting on Friday, January 14, 2011 at 6:00 p.m. and
continuing on Saturday, January 15, 2011 at 8:30 a.m.
CARRIED
20. Memorandum from Councillor Ballard
Re: Correspondence from Yvonne Cattral
Re: Town of Aurora Pool Allocation Policy
Moved by Councillor Pirri Seconded by Councillor Abel
THAT the procedural By-law be waived to allow for discussion on the
referred motion.
CARRIED
Moved by Councillor Ballard Seconded by Councillor Gaertner
THAT Council receive the correspondence from Yvonne Cattral regarding
the “Town of Aurora Pool Allocation Policy”; and
THAT Council refer this matter to staff for a full report including prior
Council directions from June 2009, to be provided at the January 18,
2011 General Committee meeting.
CARRIED
XI REGIONAL REPORT
Moved by Councillor Buck Seconded by Councillor Humfryes
THAT Council receive the memorandum from the former Mayor dated
November 25, 2010.
CARRIED
XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS
Councillor Buck gave Notice of Motion regarding the Town of Aurora reverting
the address back to 100 John West Way at the Aurora Town Hall.
Councillor Buck gave Notice of Motion for a declaration regarding a partnership
with the Neighbourhood Network.
Council Meeting Minutes
Tuesday, December 14, 2010
Page 10 of 11
Councillor Ballard noted that along with Mayor Dawe, Councillor Humfryes, and
Councillor Abel, he attended the retirement party for York Regional Police Chief
La Barge last Wednesday evening and that it was a fine send-off.
XIII CLOSED SESSION AGENDA
Moved by Councillor Thompson Seconded by Councillor Humfryes
THAT Council resolve into a Closed Session to consider the following
matter:
Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
Re: Morris v. Johnson et al. – Defamation Action
CARRIED
Council recessed into Closed Session at 9:14 p.m.
Council reconvened into Open Session at 10:57 p.m.
RISE AND REPORT FROM CLOSED SESSION
* Moved by Councillor Gaertner Seconded by Councillor Buck
THAT the confidential memo dated December 14, 2010 from the Director
of Legal Services/Town Solicitor entitled “Morris v. Johnson et al. –
Defamation Action” be received.
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
Moved by Councillor Thompson Seconded by Councillor Pirri
Councillor Thompson provided a Notice of Motion requesting that Council
reconsider its decision, related to Morris v. Johnson et al. - Defamation Action of
September 14, 2010, at its next meeting in accordance with the Procedural By-
law.
On a recorded vote the motion CARRIED UNANIMOUSLY.
YEAS: 9 NAYS: 0
VOTING YEAS: Councillors Abel, Ballard, Buck, Gaertner, Gallo,
Humfryes, Pirri, Thompson, and Mayor Dawe
VOTING NAYS: None
* Council at its meeting held on February 8, 2011 amended this Item to
delete the motion to receive the Confidential Memorandum dated December
14, 2010 from the Director of Legal Services/Town Solicitor entitled “Morris
v. Johnson et al. - Defamation Action.
Council Meeting Minutes
Tuesday, December 14, 2010
Page 11 of 11
XIV READING OF BY-LAWS
Moved by Councillor Gallo Seconded by Councillor Gaertner
THAT the following listed by-laws be given 1st, 2nd, and 3rd readings, and
enacted:
5287-10 BEING A BY-LAW to allocate any 2010 Operating Fund
surplus and any 2010 Water and Wastewater Operating
Fund surplus or deficit
5292-10 BEING A BY-LAW to exempt Lots 43, 44, 53, and 54 on Plan
65M-4079 from Part-Lot Control (Royalcliff Homes Bayview
Inc.)
5293-10 BEING A BY-LAW to Levy Interim Property Taxes for the
2011 taxation year
5295-10 BEING A BY-LAW to appoint an Acting Head of Council
(Deputy Mayor - John Abel)
5294-10 BEING A BY-LAW to Confirm Actions by Council Resulting
from Council Meeting on December 14, 2010
CARRIED
XV ADJOURNMENT
Moved by Councillor Buck
THAT the meeting be adjourned at 11:06 p.m.
CARRIED
THE MINUTES OF THE COUNCIL MEETING 10-28 ARE SUBJECT TO FINAL
APPROVAL AT COUNCIL ON FEBRUARY 8, 2011.
_______________________________ ________________________________
GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK