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MINUTES - Council - 20110510 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, May 10, 2011 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, Acting 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 Following Open Forum, Mayor Dawe called the meeting to order at 7:07 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 Pirri Seconded by Councillor Thompson THAT the agenda as circulated by the Customer and Legislative Services Department be approved. CARRIED III ADOPTION OF MINUTES Council Meeting Minutes of April 26, 2011 Special Council-Public Planning Minutes of April 27, 2011 Moved by Councillor Ballard Seconded by Councillor Gallo THAT the Council meeting minutes of April 26, 2011 and the Special Council-Public Planning meeting minutes of April 27, 2011 be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, May 10, 2011 Page 2 of 8 IV PRESENTATIONS (a) Joseph Clark, Resident and Representative of Flow Marketing Re: Miracle-Gro Discovery Garden Aurora Joseph Clark updated Council on the Miracle-Gro Discovery Garden program that partners seniors at Sunrise Senior Living with high school students from Aurora High School. He introduced Ted Jarvis of Flow Marketing who noted that this partnership creates an opportunity for interaction between the two groups and that they plan to grow over 1,000 pounds of vegetables. Mr. Jarvis stated that they have also partnered with the media to cover the inaugural opening on May 17, 2011 with Mayor Dawe in attendance and invited the community to come out for this event and the first planting. He introduced Ms Mayra Barker, teacher, and some of the students from Aurora High School, who thanked everyone for this initiative. They said it is a positive initiative for the community and has created a different learning experience with hands-on skill development. Ms Barker thanked everyone involved and noted the keen participation and interest of many of the students. Lastly, Mr. Jarvis introduced Ms Ashley Kwong, Executive Director at Sunrise Senior Living, who noted that this project is an excellent initiative for inter-generational interaction and that many of the residents are excited about participating. She also thanked everyone for this opportunity. Mr. Jarvis also noted that some of the vegetables produced would be donated to the Food Bank. Moved by Councillor Abel Seconded by Councillor Ballard THAT Council receive the presentation for information. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes thanked everyone for their participation in the A & B Courier Run for Southlake that was held on Sunday, May 1, 2011. She noted that the Town of Aurora is in second place in the Mayor’s Challenge that ends on May 13, 2011. She expressed her thanks to the Town of Aurora staff, in particular to Stu Curtis, and the Road’s crew for their participation and generous donation. Mayor Dawe announced that MP Lois Brown advised him that a heritage grant had been approved for the Town of Aurora’s Canada Day events. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(7), 2, and 4 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsection 7), 3, and 5 were identified as items not requiring separate discussion. Moved by Councillor Gallo 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: Council Meeting Minutes Tuesday, May 10, 2011 Page 3 of 8 1. General Committee Meeting Minutes of May 3, 2011 THAT the minutes of the General Committee meeting of May 3, 2011 be received and the recommendations carried by the Committee be approved with the exception of subsection 7. 3. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights – April 29th Meeting of the Board THAT Council receive the Memorandum for information. 5. Consideration of April 26, 2011 General Committee Closed Session Recommendations 1) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Stronach Aurora Recreation Complex (Litigation Update) (Deferred from April 19, 2011 General Committee) THAT the confidential General Committee Closed Session recommendations be approved. CARRIED VIII DELEGATIONS (a) Grace Marsh, Rotary Club of Aurora Re: Item 4 – Memorandum regarding Rotary Park Upgrade Grace Marsh, representing the Rotary Club of Aurora, along with other members, noted that the Rotary Club is celebrating its 60th Anniversary and acknowledged the strong participation and involvement of the Rotary Club in many community events. She noted that the Rotary Park is the oldest park in Aurora and that the Memorandum from the Director of Parks and Recreation Services captures the Rotary Club’s desire to participate in the Rotary Park Upgrade, with $50,000 in donations over the next three years. Moved by Councillor Humfryes Seconded by Councillor Thompson THAT Council receive the delegation for information. CARRIED UNANIMOUSLY IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Humfryes Seconded by Councillor Thompson THAT Item 4 be brought forward for discussion. CARRIED Council Meeting Minutes Tuesday, May 10, 2011 Page 4 of 8 4. Memorandum from Allan D. Downey, Director of Parks and Recreation Services Re: Rotary Park Upgrade Moved by Councillor Pirri Seconded by Councillor Thompson THAT Council receive the memorandum; and THAT Council endorse the Rotary Park Upgrade project with the Town of Aurora’s sincere appreciation for the donation. CARRIED Grace Marsh, along with other Rotary Club representatives, presented the Town of Aurora with a cheque in the amount of $15,000 for the first phase of the Rotary Park Upgrade. Moved by Councillor Buck Seconded by Councillor Abel THAT Item 2 be brought forward for discussion. CARRIED 2. CAO11-013 – Aurora Minor Ball Association Request for Financial Assistance Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the Procedural By-law be waived to allow Mr. Dave Giroux of the Aurora Minor Ball Association to delegate. CARRIED Mr. Dave Giroux, representing the Aurora Minor Ball Association (AMBA), responded to Council’s questions regarding long-term lease negotiations for a building, as well as procurement of the indoor turf. He updated Council on the logistics and stated that the deadline is Friday, May 6, 2011. Mr. Giroux also noted that the AMBA has offered to take over the upkeep of Stewart Burnett Ball Diamond and that this could offer a savings for the Town of Aurora. Moved by Councillor Buck Seconded by Councillor Abel THAT this Item be deferred to a Special Council meeting to be held on Tuesday, May 17, 2011 at 6:00 p.m. CARRIED 1 (7) Memorandum from Mayor Dawe Re: Advisory Committee Appointments Moved by Councillor Gaertner Seconded by Councillor Ballard THAT Councillors Abel and Humfryes be appointed to the Heritage Advisory Committee for the 2010-2014 term of Council; and THAT Councillors Buck and Thompson be appointed to the Economic Development Advisory Committee for the 2010-2014 term of Council; and Council Meeting Minutes Tuesday, May 10, 2011 Page 5 of 8 THAT Councillors Gallo and Pirri be appointed to the Environmental Advisory Committee for the 2010-2014 term of Council; and THAT Councillors Ballard and Gaertner be appointed to the Parks and Recreation Advisory Committee for the 2010-2014 term of Council. CARRIED X NOTICE OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (a) Notice of Motion: Councillor Buck Re: Costs for Pumping Stations WHEREAS extra costs for pumping stations for sewer service to three subdivisions are provided for within Site Plan Agreements By-laws with the Town; and WHEREAS the pumping stations are not required to service any other part of the community; and WHEREAS $71,000, the annual cost of operating the pumping stations, was recently added to calculations for the sewer rate for the rest of the community; and WHEREAS the Site Plan Agreement By-laws are still in force and Council has not authorized after-the-fact amendments to the Site Plan Agreements By-laws. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to continue to adhere to the terms of the Site Plan Agreements and the cost of the pumping stations continue to be charged to the subdivisions receiving the benefit. (b) Notice of Motion: Councillor Buck Re: Payment to Lake Simcoe Region Conservation Authority WHEREAS maintenance of storm water ponds are carried out by the Town Parks department; and WHEREAS an annual payment is made to Lake Simcoe Region Conservation Authority for maintenance of storm water ponds. NOW THEREFORE BE IT HEREBY RESOLVED THAT the annual payment to Lake Simcoe Region Conservation Authority be withheld until such times as the purpose of the payment can be verified. (c) Notice of Motion: Councillor Buck Re: Report on Storm Water Ponds WHEREAS storm water ponds have been in use for several years for the purpose of restoration of the waters of Lake Simcoe; and WHEREAS stagnant bodies of water have the potential of spreading West Nile disease through mosquito populations; and WHEREAS it would seem to be timely to determine the effectiveness of storm water ponds in restoring the waters of Lake Simcoe. Council Meeting Minutes Tuesday, May 10, 2011 Page 6 of 8 NOW THEREFORE BE IT HEREBY RESOLVED THAT a report on the efficacy of storm water ponds in their stated purpose be requested from Lake Simcoe Region Conservation Authority or whatever body is responsible for the process. (d) Notice of Motion: Councillor Buck Re: Water Rates WHEREAS it has been established that water loss identified at 12% of total water consumption of the Town, is actually water used by various Town tax-supported services such as street cleaning and irrigation in Town parks; and WHEREAS it has been established water loss has been used in the calculation of water-related charges to metered users within the municipalities; and WHEREAS it has been established that unmetered properties are not, and have not, been sharing the cost of tax-supported services by virtue of not receiving a billing for water and sewer services. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to re-calculate water rates for metered properties to reflect 12% of total consumption being transferred to the budgets of the various tax-supported services using the water, thereby properly sharing the cost of water used for tax-supported services among taxpayers throughout the municipality; and FURTHER BE IT HEREBY RESOLVED THAT the work be completed prior to the second quarter water billing. AND FURTHER STILL BE IT HEREBY RESOLVED THAT a rebate be calculated to reflect over-billing in the first quarter. (e) Notice of Motion: Councillor Buck Re: Water Surcharge WHEREAS for many years a surcharge has been included in water billings to reflect the cost of storm water pond maintenance costs; and WHEREAS the purpose for the charge has been restoration of the waters of Lake Simcoe; and WHEREAS the surcharge added to bills of metered water users has not been charged to taxpayers not receiving water bills, thereby creating gross inequity among taxpayers. NOW THEREFORE BE IT HEREBY RESOLVED THAT the surcharge be immediately removed from water billings to metered water users and transferred to the budget of the Infrastructure and Environmental Services Department. (f) Notice of Motion: Councillor Pirri Re: Train Anti-Whistling in the Town of Aurora WHEREAS Council at its June, 8 2010 meeting, approved funding to proceed with the necessary infrastructure to implement anti-whistling in the Town; and Council Meeting Minutes Tuesday, May 10, 2011 Page 7 of 8 WHEREAS the approval addressed improvements to the road crossings at Engelhard Drive, Wellington Street East, Centre Street and St. John’s Sideroad, as well as a pedestrian crossing at the end of Cousins Drive to Industrial Parkway South; and WHEREAS the presence of rail activity and its whistling is part of the heritage of the Town of Aurora; and WHEREAS opportunities to improve public safety and increase mobility within the community are beneficial; NOW THEREFORE BE IT HEREBY RESOLVED THAT the project to achieve anti-whistling within the Town of Aurora be cancelled; and THAT the contemplated upgrades to the four identified road crossing be cancelled; and THAT the surplus funds approved for the above upgrades be returned to the appropriate reserves; and THAT the pedestrian crossing at Cousins Drive be completed as planned to improve public safety and increase public access in that corridor. XI REGIONAL REPORT York Regional Council Highlights – April 21, 2011, Mayor’s Report Moved by Councillor Gallo Seconded by Councillor Abel THAT the Regional Report be received for information. XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Buck requested information regarding the safety of the artificial turf as she noted that it would be placed on concrete and this had created problems in the past. Councillor Gallo asked for an update regarding the Sheppard’s Bush parking lot and the Director of Parks and Recreation Services responded that the project would be completed by June 9, 2011 and that the user groups had been contacted regarding alternative parking arrangements. Councillor Pirri noted that the artificial turf would be placed on special padding and that there may not be any safety issues. Councillor Gaertner requested an update on the revenue received regarding naming rights of the Stronach Aurora Recreation Complex and how many years the contract specified. Councillor Buck inquired if the grant that Mayor Dawe announced this evening had been requested and how it would be utilized for Canada Day. The Director of Parks and Recreation Services replied that it was an annual grant request and that they had received varying amounts over the years. Councillor Gaertner asked the Director of Parks and Recreation Services about the AMBA’s offer for the upkeep of Stewart Burnett Ball Diamond and the financial savings this would entail. The Director of Parks and Recreation Services noted that his staff is currently reviewing the proposal and that there could be a cost savings to the Town. Council Meeting Minutes Tuesday, May 10, 2011 Page 8 of 8 XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor Buck Seconded by Councillor Thompson THAT the following listed by-laws be given first, second, and third readings, and enacted: 5335-11 BEING A BY-LAW to amend By-law Number 4835-06.C to govern the procedures of the Council of the Town of Aurora and its Committees and Boards (as amended). (Council – April 26, 2011) 5337-11 BEING A BY-LAW to appoint Municipal By-law Enforcement Officers and Property Standards Officers for the Corporation of the Town of Aurora. CARRIED Moved by Councillor Buck Seconded by Councillor Thompson THAT the following listed by-law be given first, second, and third readings, and enacted: 5336-11 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting 11-14 on May 10, 2011. CARRIED XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Abel THAT the meeting be adjourned at 8:19 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF MAY 10, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON MAY 24, 2011.