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MINUTES - Council - 20110222 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, February 22, 2011 ATTENDANCE COMMITTEE MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard (arrived at 7:06 p.m.), Buck, Gaertner (arrived at 7:01 p.m.), 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 7:00 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 Buck Seconded by Councillor Abel THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional item, be approved:  New Closed Session Item Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Re: Morris v. Johnson et al. - Defamation Action CARRIED Council Meeting Minutes Tuesday, February 22, 2011 Page 2 of 10 III OPEN FORUM Lynn Pearson invited the Mayor, Council and any residents to sign up for the fifth annual Relay for Life being held at Magna International on June 10, 2011. She noted that this twelve-hour marathon raises funds for cancer that benefits this community directly, and that last year over $80,000 was raised. Ms Pearson advised that anyone interested could attend a Drop-In Information Session being held at the Aurora Public Library on March 1, 2011 from 6:30 p.m. to 8:30 p.m. or go to the website www.relayforlife.ca/aurora. She said that this event gives people the opportunity to remember, celebrate, and fight back. IV ADOPTION OF MINUTES Council Meeting Minutes of February 8, 2011 Moved by Councillor Pirri Seconded by Councillor Thompson THAT the Council Meeting Minutes of February 8, 2011 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Ms Shelly Ware, Special Events Coordinator Re: Aurora Borealis Presentation Ms Ware thanked the many supporters, volunteers and those who participated in the inaugural year of the Aurora Borealis. She noted that countless hearts were touched and memories made at this event that commenced on December 20, 2010 and ran until February 22, 2011 at the Aurora Town Park. Ms Ware recognized and presented plaques to the following sponsors who contributed to the spirit of the Aurora Borealis: Aurora Chamber of Commerce Aurora’s Senior Association Canadian Tire Aurora Neighbourhood Network Park Place Manor Rotary Club of Aurora TD Canada Trust Ms Ware thanked Ms Sara Tienkamp, Parks Supervisor, for her resourcefulness and dedication that enabled this initiative to come to fruition after many months of hard work. (b) Memorandum from Mayor Dawe Re: Ontario Heritage Trust Heritage Community Recognition Program Awards Mayor Dawe welcomed and congratulated the recipients of the Ontario Heritage Trust awards. Mr. Marco Ramunno, Director of Planning and Development Services, introduced Mr. Don Pearson, member of the Ontario Heritage Trust Board of Directors and General Manager of Conservation Ontario, to assist with the presentations. Mr. Ramunno advised that four residents of Aurora were being recognized this evening and would be receiving awards from the Ontario Heritage Trust’s Heritage Community Recognition Program. Mayor Dawe and Mr. Pearson honoured the following residents of Aurora who have been Council Meeting Minutes Tuesday, February 22, 2011 Page 3 of 10 recognized for their outstanding contributions to the preservation and promotion of Aurora’s built and natural heritage:  Ms Dana Atkinson, Built Heritage Category  Mr. Ron Wallace, Cultural Heritage Category  Ms Helen Roberts, Lifetime Achievement Category; and  Mr. David Tomlinson, Lieutenant Governor's Ontario Heritage Award for Lifetime Achievement Category Mayor Dawe noted that he would be attending the ceremony at Queen’s Park on Friday, February 25, 2011, where Mr. Tomlinson will be honoured for his achievements. VI PUBLIC SERVICE ANNOUNCEMENTS Councillor Gaertner congratulated the Aurora Arboretum for establishing a seed exchange with the Royal Botanical Gardens. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(1), 1(9), 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 were identified as items requiring separate discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsection 1 and 9), 2, 3, 4, 15, and 16 were identified as items not requiring separate discussion. Moved by Councillor Pirri Seconded by Councillor Humfryes 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 Minutes of February 15, 2011 THAT the minutes of the General Committee meeting of February 15, 2011 be received and the recommendations carried by the Committee be approved with the exception of Item 1 and Item 9. 2. Special General Committee Meeting – Capital Budget & Public Consultation Minutes of February 5 and 7, 2011 THAT the minutes of the Special General Committee meeting of February 5 and 7, 2011 be received. 3. Special General Committee Meeting – Operating Budget Minutes of February 14, 2011 THAT the minutes of the Special General Committee meeting of February 14, 2011 be received. Council Meeting Minutes Tuesday, February 22, 2011 Page 4 of 10 4. Special General Committee Meeting – Audit Committee Minutes of February 15, 2011 THAT the minutes of the Special General Committee meeting of February 15, 2011 be received and the recommendations carried by the Committee be approved. 15. Memorandum from Cindy Janzen, Manager of Legislative Services/Deputy Clerk Re: Appointments to Statutory Boards and Committees THAT Council endorse the following citizen and Council member appointments; and THAT the Clerk be directed to bring forward the necessary by-laws for adoption. Accessibility Advisory Committee Council Member: Councillor Gaertner Citizen Members: Tyler Barker Helen Kogan John Lenchak Kayla Scott Aurora Public Library Board Council Members: Councillor Pirri Councillor Thompson Councillor Humfryes Citizen Members: Gregory K. Cook Elaine Copsey Charles Levine Matt Maddocks Marie Rankel Rino Roncadin Committee of Adjustment/Property Standards Committee Citizen Members: Hank Gosar Roy J. Harrington Grace L. Marsh David Mhango David H. Peirce Nokiidaa Trail Committee Council Member: Councillor Abel Council Meeting Minutes Tuesday, February 22, 2011 Page 5 of 10 16. Memorandum from Dan Elliott, Director of Corporate and Financial Services/Treasurer Re: Budget Committee Minutes – Receive Only THAT the Special General Committee meeting minutes – Operating and Capital Budgets, included on tonight’s agenda, be received for information and public transparency purposes only. CARRIED IX DELEGATIONS (a) Susan Morton-Leonard, AFA Volunteer Communication Coordinator, and Phillipa Wild, AFA Director Re: 2011 Aurora Jazz+ Festival Ms Susan Morton-Leonard and Ms Phillipa Wild addressed Council on the economic and social benefits of the 2011 Aurora Jazz+ Festival. They responded to Council questions regarding how funds may be utilized and the provision of public transparency. Moved by Councillor Abel Seconded by Councillor Gaertner THAT Council receive the comments of the delegate. CARRIED Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Item 1(9) be brought forward for discussion. CARRIED 1. (9) PR11-002 – 2011 Jazz Festival Moved by Councillor Gallo Seconded by Councillor Thompson THAT Council receive Report PR11-002; and THAT Council endorse the Aurora Jazz Festival produced by the Aurora Festival of the Arts; and THAT Council waive the park permit fee in the amount of $975.00; and THAT Council approve sponsorship for the event in the amount of $4,025.00; and THAT the Town electronic signs be available to advertise the event; and THAT the Temporary Sign Bylaw No. 4897-07.P be waived to permit the placement of portable signs one month prior to the event; and THAT the Jazz Festival be included as a link on the Town website; and THAT the Aurora Festival of the Arts be requested to make a short presentation to Council on the results of their event, the benefits paid to the charities, the attendance, and a brief financial statement of the event; and Council Meeting Minutes Tuesday, February 22, 2011 Page 6 of 10 THAT the presentation be made by the end of October 2011. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. (1) IES11-006 – Speeding Concerns on Conover Avenue Between River Ridge Boulevard and Wellington Street East Moved by Councillor Pirri Seconded by Councillor Gallo THAT the Chair call the question. CARRIED Moved by Councillor Gaertner Seconded by Councillor Ballard THAT Council receive report no. IES11-006; and THAT multi-way stop control not be installed on the Conover Avenue and Halldorson Avenue intersection; and THAT the York Regional Police be requested to conduct regular speed enforcement of the posted 40km/hr on Conover Avenue; and THAT letters be sent to area residents with Council’s recommendations; and THAT a community safety zone be implemented in this area. CARRIED 5. Deferred from General Committee Meeting of February 1, 2011 (Item 2) BBS11-001 – Award of Request for Proposal No. CLS2010-34 Customer Service Strategy Moved by Councillor Thompson Seconded by Councillor Buck THAT this Item be deferred to March 8, 2011. CARRIED 6. Deferred from Council Meeting of January 25, 2011 (Item 2) IES11-002 – Award of RFP NO. IES2010-73 – Architectural Consulting Services for a New Operations Centre Moved by Councillor Buck Seconded by Councillor Abel THAT this Item be deferred to March 8, 2011. CARRIED Council Meeting Minutes Tuesday, February 22, 2011 Page 7 of 10 7. Deferred from General Committee Meeting of February 1, 2011 (Item 4) IES11-005 – Implementation of a Work Order Management/Asset Management System (WAMS) Moved by Councillor Buck Seconded by Councillor Humfryes THAT this Item be deferred to March 8, 2011. CARRIED 8. Memorandum from Councillor Wendy Gaertner Re: Arboretum News – Winter 2011 Moved by Councillor Ballard Seconded by Councillor Buck THAT Council receive the memorandum, regarding Arboretum News – Winter 2011, for information. CARRIED 9. Memorandum from Councillor Evelyn Buck Re: Motion Re: Awarding of Contracts During Council Recess (Notice of Motion given at General Committee Meeting of February 15, 2011) Moved by Councillor Buck Seconded by Councillor Abel THAT Council receive the memorandum, regarding the awarding of Contracts During the Council Recess; and THAT the Chief Administrative Office report to Council regarding the circumstances under which the contracts were timed to be awarded during a Council recess. CARRIED 10. Memorandum from Councillor Evelyn Buck Re: Motion Re: Church Street School Cultural Services (Notice of Motion given at General Committee Meeting of February 15, 2011) Moved by Councillor Buck Seconded by Councillor Humfryes THAT Council receive the memorandum regarding the Church Street School Cultural Services; and THAT copies of the contract for the provision of Cultural Services from the Church Street School Cultural Centre Inc. be provided to Council members for the purpose of review and direction within the budget process. CARRIED Council Meeting Minutes Tuesday, February 22, 2011 Page 8 of 10 11. Memorandum from Councillor Evelyn Buck Re: Motion Re: Legal Costs Incurred By the Former Mayor (Notice of Motion given at General Committee Meeting of February 15, 2011) Moved by Councillor Buck Seconded by Councillor Pirri THAT this Item be deferred until a report has been received from Mr. Rust-D’Eye. CARRIED Moved by Councillor Buck Seconded by Councillor Pirri THAT the information from the Associate Solicitor regarding the global legal costs in the amount of $55,298.92 incurred by the former Mayor be received. CARRIED 12. Memorandum from Councillor Evelyn Buck Re: Motion Re: Town’s Legal Costs Related to Westhill Development Application (Notice of Motion given at General Committee Meeting of February 15, 2011) Moved by Councillor Buck Seconded by Councillor Abel THAT the memorandum regarding the Town’s Legal Costs Related to Westhill Development Application be received; and THAT staff be directed to provide a report to Council detailing the Town costs related to the matter of the Westhill development application from March 24, 2008 up to and including February 22, 2011. CARRIED 13. Memorandum from John D. Leach, Director of Customer and Legislative Services/Town Clerk Re: Reconsideration / Regional Modifications and Approval of the 2C Secondary Plan (OPA 73) / Report PL11-003 Moved by Councillor Humfryes Seconded by Councillor Buck THAT Council reconsider the Parkland Requirements for the 2C Secondary Plan. On a recorded vote the motion was DEFEATED as it did not receive the required 2/3 majority. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Buck, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, Gallo, and Humfryes Council Meeting Minutes Tuesday, February 22, 2011 Page 9 of 10 14. Memorandum from Cindy Janzen, Manager of Legislative Services/Deputy Clerk Re: Confidential memorandum dated December 14, 2010 from the Director of Legal Services/Town Solicitor entitled “Morris v. Johnson et al. - Defamation Action Moved by Councillor Pirri Seconded by Councillor Buck THAT Council receive the confidential memorandum dated December 14, 2010 from the Director of Legal Services/Town Solicitor entitled “Morris v. Johnson et al. – Defamation Action. CARRIED XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Humfryes noted that the Big Brothers Big Sisters Bowling Tournament is being held this weekend with several Council members participating. Councillor Abel provided a Notice of Motion requesting that Council authorize staff to work with the Aurora 2C Landowners Group to undertake a Town of Aurora Inflow and Infiltration Pilot Project and report back to Council. XIII CLOSED SESSION AGENDA Moved by Councillor Gallo Seconded by Councillor Ballard THAT Council resolve into a Closed Session, following adjournment, to consider the following matters:  Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Re: Morris v. Johnson et al. - Defamation Action CARRIED Council recessed at 9:17 p.m. to resolve into Closed Session. Council reconvened at 9.32 p.m. XIV READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following listed by-law be given first, second, and third readings and enacted: 5308-11 BEING A BY-LAW to Confirm Actions by Council resulting from Council Meeting on February 22, 2011 CARRIED Council Meeting Minutes Tuesday, February 22, 2011 Page 10 of 10 XV ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Thompson THAT the meeting be adjourned at 9:33 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF FEBRUARY 22, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON MARCH 8, 2011 WITH THE EXCEPTION OF ITEM 1(9) WHICH WAS ADOPTED AS AMENDED.