Loading...
MINUTES - Council - 20110208 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, February 8, 2011 ATTENDANCE COMMITTEE 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 7:02 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 Abel Seconded by Councillor Buck THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved with the exception of New Item 9:  New Delegation (b) Paul M. DeMelo, Representing Daniels LR Corporation Re: Item 8 - Delegation Regarding the Request to Convert the Area at Bayview Avenue and St. John’s Sideroad into a Community Park  Withdrawn Presentation (a) Kim Gavine, Executive Director, Oak Ridges Moraine Foundation Rescheduled to March 29, 2011  New Item 9 Memorandum from John D. Leach, Director of Customer and Legislative Services Re: Reconsideration / Regional Modifications and Approval of the 2C Secondary Plan (OPA 73) /Report PL11-003 Council Meeting Minutes Tuesday, February 8, 2011 Page 2 of 9  New Closed Session Item 3 • A proposed or pending acquisition or disposition of land by the municipality or local board; Re: 95 Allaura Blvd. (south part)  Closed Session Additional Information • Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action CARRIED III OPEN FORUM Svetoslava Topouzova urged Council to take the initiative and preserve the trees by rezoning, at the corner of Bayview Avenue and St. John’s Sideroad, and creating a Community Park. David Lennard noted the woods at Bayview and St. John’s Sideroad are the only woods within the area and requested that Council defer its decision to allow for further discussion. Liz Semkowich offered her support for the Selkies Swim Club and asked that the swim time allocations be reviewed. K. Hau requested Council’s consideration for equal pool time for the Selkies Swim Club. IV ADOPTION OF MINUTES Council Minutes of December 14, 2010 Council Minutes of January 25, 2011 Special Council - Public Planning Minutes of January 26, 2011 Moved by Councillor Buck Seconded by Councillor Abel THAT the Chair call the question. CARRIED Moved by Councillor Gaertner Seconded by Councillor Ballard THAT 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 be struck from the December 14, 2010 minutes. On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, Humfryes, and Mayor Dawe VOTING NAYS: Councillors Abel, Buck, Pirri, and Thompson Council Meeting Minutes Tuesday, February 8, 2011 Page 3 of 9 Moved by Councillor Buck Seconded by Councillor Ballard THAT the Council minutes of December 14, 2010, with the exception of the record of the motion and recorded vote 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, the Council minutes of January 25, 2011, and the Special Council - Public Planning minutes of January 26, 2011 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Kim Gavine, Executive Director, Oak Ridges Moraine Foundation Re: Measuring Success on the Oak Ridges Moraine Withdrawn and rescheduled to March 29, 2011 (b) Georgina Lee, President, Moving Forward 2015 Foundation Re: Introduction to Moving Forward 2015 Foundation Georgina Lee advised Council that the Moving Forward 2015 Foundation is a non-profit organization that has been raising funds for victims of domestic violence for the past 17 months. She noted that they are now providing interest- free micro-loans to men and women who are rebuilding their lives. Ms Lee stated that up to $1,000 may be borrowed and paid back over a three-year period. She said that all funds are raised and no public funding is provided. She invited Council to visit their offices, centrally located in York Region, and encouraged Council and residents of Aurora to participate in fund-raising events. Moved by Councillor Buck Seconded by Councillor Abel THAT Council receive the Moving Forward 2015 Foundation presentation. CARRIED VI PUBLIC SERVICE ANNOUNCEMENTS None VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (5), 3, 4, and 7 were identified as items requiring separate discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (1, 2, 3, 4, 6, 7, 8, and 9), 2, 5, 6, and 8 were identified as items not requiring separate discussion. Moved by Councillor Pirri Seconded by Councillor Gallo THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion” be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: Council Meeting Minutes Tuesday, February 8, 2011 Page 4 of 9 1. General Committee Meeting of Minutes of February 1, 2011 THAT the minutes of the General Committee Meeting of February 1, 2011 be received and the recommendations carried by the Committee be approved with the exception of Item 5. 2. Special General Committee Meeting of Minutes of January 31, 2011 THAT the minutes of the Special General Committee Meeting of January 31, 2011 be received and the recommendations carried by the Committee be approved. 5. Memorandum from Neil Garbe, Chief Administrative Officer Re: Smart Commute Award THAT Council receive the memorandum from the Chief Administrative Officer regarding the Smart Commute Award for information. 6. Memorandum from John D. Leach, Director of Customer and Legislative Services/Town Clerk Re: Adoption of Council Meeting Minutes No. 10-28, Tuesday, December 14, 2010 THAT Council receive the memorandum from the Director of Customer and Legislative Services regarding the Council Meeting Minutes No. 10- 28, Tuesday, December 14, 2010. 8. Memorandum from Marco Ramunno, Director of Planning and Development Services Re: Delegation Regarding the Request to Convert the Area at Bayview Avenue and St. John’s Sideroad into a Community Park THAT Council receive the memorandum from the Director of Planning and Development Services regarding the Delegation Request to Convert the Area at Bayview Avenue and St. John’s Sideroad into a Community Park. CARRIED IX DELEGATIONS (a) Warren McClure, Representing Ratepayers of Aurora Yonge South (RAYS) Re: Item 3 – PL11-002 – Applications to Amend the Official Plan and Zoning By-law P.A.R.C.E.L. Inc. The Delegate was not in attendance. (b) Paul M. DeMelo, Representing Daniels LR Corporation Re: Item 8 - Delegation Regarding the Request to Convert the Area at Bayview Avenue and St. John’s Sideroad into a Community Park (Added item) Council Meeting Minutes Tuesday, February 8, 2011 Page 5 of 9 Paul DeMelo noted his client, Daniels LR Corporation, has been working with the Town, Regional staff, and the Conservation Authority to ensure that all aspects of the application are in compliance. He stated that the parkland issues have been reviewed extensively and Gartner Lee, who is very familiar with this area, concluded that the existing vegetation does not pose a constraint to development and therefore does not warrant special protection measures. Further, Mr. DeMelo said that his client has agreed to comply with the Town’s Tree Compensation Policy and that the trees will be evaluated. Moved by Councillor Gallo Seconded by Councillor Buck THAT the comments of the delegate be received for information. X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting of Minutes of February 1, 2011 (5) Deferred from General Committee Meeting of January 18, 2011 (Item 15) PR11-001 – Pool Allocation Moved by Councillor Buck Seconded by Councillor Abel THAT the Chair call the question. DEFEATED Moved by Councillor Gaertner Seconded by Councillor Ballard THAT the 2008 Draft Pool Policy be adopted; and THAT the 2010-2011 enrolment numbers be used; and THAT these numbers be verified by the governing organization, Swim Ontario; and THAT the number of Aurora swimmers in each club be clarified. DEFEATED Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the 2008 draft of the Pool Allocation Policy be used only as a guideline for the allocation of permits until excess pool capacity exists; and THAT staff prepare a report on the advantages and disadvantages of implementing three-year pool permits for Swim Clubs. CARRIED 3. Deferred from Council Meeting of January 25, 2011 (Item 5) 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 Council Meeting Minutes Tuesday, February 8, 2011 Page 6 of 9 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Council receive report PL11-002 for information. CARRIED 7. Memorandum from Marco Ramunno, Director of Planning and Development Services Re: Item 3 - Report No. PL11-002 Moved by Councillor Gaertner Seconded by Councillor Buck THAT this memorandum be received; and THAT a decision regarding Report No. PL11-002 again be deferred to a future General Committee meeting to allow for on-going discussions with the Town, applicant and ratepayers, in order to satisfactorily address issues with respect to the application. 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 4. PR11-004 – Award of Tender PRS 2011-02 Nokiidaa Trail Helical Piers Moved by Councillor Gaertner Seconded by Councillor Buck THAT Council award Tender PRS 2011-02 for the installation of Helical Piers required for the Nokiidaa Trail Boardwalk to TMP Foundations Ltd. in the base bid amount of $61,750.00 (excluding HST); and THAT Council approve an additional provisional amount of $25,000.00 for Helical Pier extensions pending soil and site conditions. CARRIED XI REGIONAL REPORT York Regional Council Highlights – January 27, 2011, Mayor’s Report Moved by Councillor Abel Seconded by Councillor Pirri THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gallo stated that the listed Confirming By-law had incorrect terminology and requested the correction. Mayor Dawe noted that the Clerk’s office will confirm that the previous Confirming By-law is correct as well. Council Meeting Minutes Tuesday, February 8, 2011 Page 7 of 9 Councillor Humfryes noted that there are tickets available for the 11th Annual Mardi Gras event to be held at The Mansion on February 19, 2011 and that the Southlake cancer program benefits from the funds raised by this event. She stated that sponsorship opportunities are available at www.mardigrasforsouthlake.com, Mayor Dawe relinquished the Chair to Deputy Mayor Abel. Mayor Dawe provided Notice of Motion for Council to direct staff to investigate partnering with York Regional Police to implement a Parks Ambassador program. Mayor Dawe resumed the Chair. Councillor Ballard gave Notice of Motion requesting a report from the Planning Department regarding a new process for planning applications. Mayor Dawe informed Council that, in response to Councillor Gaertner’s request at the last Council meeting, he contacted Commissioner Mahoney at the Region regarding the AFW Energy From Waste Plant, and that a letter from Commissioner Mahoney has been distributed to all members of Council in their mailboxes. XIII CLOSED SESSION AGENDA Moved by Councillor Thompson Seconded by Councillor Pirri 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  A proposed or pending acquisition or disposition of land by the municipality or local board; Re: 95 Allaura Blvd.  A proposed or pending acquisition or disposition of land by the municipality or local board; Re: 95 Allaura Blvd. (south part) (Added item) CARRIED Council recessed at 9:07 p.m. to resolve into Closed Session. Council reconvened at 11:37 p.m. Moved by Councillor Abel Seconded by Councillor Gallo THAT the Procedural By-law be waived to extend the hour. CARRIED Council Meeting Minutes Tuesday, February 8, 2011 Page 8 of 9 RISE AND REPORT FROM CLOSED SESSION 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action Moved by Councillor Pirri Seconded by Councillor Thompson THAT Council rise and report out from Closed Session to confirm the direction provided in closed session; and THAT the Associate Solicitor be directed to retain the services of WeirFoulds LLP on behalf of the Town to investigate and provide a legal opinion regarding the Town’s liability for legal expenses in the defamation action of Phyllis Morris v. Johnson et al. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Gaertner CARRIED 2. A proposed or pending acquisition or disposition of land by the municipality or local board; Re: 95 Allaura Blvd. Moved by Councillor Abel Seconded by Councillor Gallo THAT the Chief Administrative Officer be directed to arrange the final terms and conditions of an Offer to Purchase Agreement respecting the 0.98 acre north part of Lot 26 on RCP10328 (95 Allaura Boulevard), including the existing dwelling situated thereon; and THAT the Mayor and Clerk be authorized to execute the final Offer to Purchase Agreement, as amended, including any and all documents and ancillary agreements required to give effect to same; and THAT staff be directed to bring forward for enactment, the applicable By- law to sell the 0.98 acre north part of Lot 26 on RCP10328 (95 Allaura Boulevard). CARRIED 3. A proposed or pending acquisition or disposition of land by the municipality or local board; Re: 95 Allaura Blvd. (south part) Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the Chief Administrative Officer be directed to arrange the final terms and conditions of an Offer to Purchase Agreement respecting the 0.88 acre south part of Lot 26 on RCP10328 (95 Allaura Boulevard); and THAT the Mayor and Clerk be authorized to execute the final Offer to Purchase Agreement, as amended, including any and all documents and ancillary agreements required to give effect to same; and Council Meeting Minutes Tuesday, February 8, 2011 Page 9 of 9 THAT staff be directed to bring forward for enactment, the applicable By- law to sell the 0.88 acre south part of Lot 26 on RCP10328 (95 Allaura Boulevard). CARRIED XIV READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the following listed by-law be given first, second, and third readings and enacted as amended: 5306-11 BEING A BY-LAW to Confirm Actions by Council resulting from Council Meeting on February 8, 2011 XV ADJOURNMENT Moved by Councillor Ballard THAT the meeting be adjourned at 11:41 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF FEBRUARY 8, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON FEBRUARY 22, 2011.