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MINUTES - Council - 20110329 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, March 29, 2011 ATTENDANCE COMMITTEE MEMBERS Mayor Dawe in the Chair; Councillors Abel, Buck, Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT Councillor Ballard OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Acting Town Solicitor/Director of Legal Services, 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 7:13 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 Humfryes Seconded by Councillor Thompson THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  New Delegation (a) Mr. Don Given Representing Aurora 2C Landowners Group Re: Item 4 (6) Status Update on 2C Secondary Plan (OPA #73) Ontario Municipal Board Hearing (Litigation Matter)  Delegation (b) Withdrawn Shay Pileggi, Resident Re: Wish-Mania – Fundraiser Benefiting Children’s Wish – Two Aurora Children CARRIED Council Meeting Minutes Tuesday, March 29, 2011 Page 2 of 9 III ADOPTION OF MINUTES Council Meeting Minutes of March 8, 2011 Moved by Councillor Gallo Seconded by Councillor Abel THAT the Council meeting minutes of March 8, 2011 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Kim Gavine, Executive Director, Oak Ridges Moraine Foundation Re: Measuring Success on the Oak Ridges Moraine Kim Gavine, Executive Director of the Oak Ridges Moraine Foundation, provided an overview on the history of the Foundation and how initial funding went from $15 million to $50 million with over 171 projects completed. She reviewed stakeholder participation surveys and the results of municipal compliance and policy. Ms Gavine noted that funding will cease as of December 2012 and that this is not complementary to the Oak Ridges Moraine Conservation Plan (ORMCP) Review scheduled for 2015. She stated that $11 million is required to continue expanding policy, monitoring, land restoration, land securement, education, and outreach until the review of the ORMCP in 2015. Ms Gavine said that if funding is not available, through Federal or Provincial resources, the Oak Ridges Moraine Foundation may become like many other charitable organizations and raise funds independently. Moved by Councillor Gallo Seconded by Councillor Pirri THAT Council receive the comments of the delegate. CARRIED (b) Shay Pileggi, Resident Re: Wish-Mania – Fundraiser benefiting Children’s Wish – Two Aurora Children This presentation was withdrawn. (c) Major Brian Bishop, The Salvation Army Re: The Salvation Army Expansion Project Major Brian Bishop discussed the role of the Salvation Army within York Region over the last 125 years. He stated that this is the first time in their history to reach out and request funding to assist in the implementation of their expansion project. Major Bishop noted that the Salvation Army is taking a proactive approach for partnerships within the community, not to compete with existing programs, but to complement, support and bridge gaps where required. He updated Council on their changing role and the diverse activities and programs in which they are involved. Major Bishop thanked Council for their time and asked for their involvement as “Ambassadors” for the Salvation Army within the community. Council Meeting Minutes Tuesday, March 29, 2011 Page 3 of 9 Moved by Councillor Humfryes Seconded by Councillor Thompson THAT Council receive the comments of the delegate. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Abel congratulated the Seniors who participated at the York Region Senior Winter Olympics. He noted that there were gold medal winners that have been invited to participate in the 2012 Canada 55+ Games being held in Cape Breton next year. Councillor Humfryes informed Council that the Aids Committee of York Region will be holding a fundraiser in the near future and she will be providing information as it becomes available. Councillor Humfryes noted that local firefighters were recently honoured and received certificates of accomplishment and service within the community. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(1), 3, 4(1), 4(3), and 4(5) were identified as items requiring separate discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsection 1), 2, 4(2), 4(4), and 4(6) were identified as items not requiring separate discussion. Moved by Councillor Abel 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. General Committee Meeting Minutes of March 22, 2011 THAT the minutes of the General Committee meeting of March 22, 2011 be received and the recommendations carried by the Committee be approved with the exception of subsection 1. 2. Special General Committee Meeting – Operating and Capital Budgets Minutes of March 7, 2011 THAT the minutes of the Special General Committee – Operating and Capital Budgets meeting of March 7, 2011 be received. Council Meeting Minutes Tuesday, March 29, 2011 Page 4 of 9 4. Consideration of March 22, 2011 General Committee Closed Session Recommendations 2) CAO11-005 – Sale of Lands to ASL Properties Ltd., Southern Portion of Lot 26, RCP10328 (95 Allaura Boulevard) (Property Matter) THAT Closed Session Report No. CAO11-005 be received as information; and THAT By-law Number 5317-11, being a By-law to declare as surplus and sell the southern 0.88 acre portion of Lot 26 on RCP 10328 (95 Allaura Boulevard) to ASL Properties Ltd. be brought forward for enactment at the March 29, 2011 Council Meeting. 4) CAO11-006 – Acquisition of the Balance of the Case Woodlot Lands (Property Matter) THAT Council receive report CAO11-006; and THAT the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale, including any and all documents and ancillary agreements required to give effect to same, respecting the purchase of the balance of the Case Woodlot lands described as Block 6, Plan 65M2802 and Part Lots 74 and 75, Con. 1, Part 1, 65R8192, except 65M2802, 65M2803, 65M2804, 65M2805, and 65M2806. 6) PL11-020 – Status Update on 2C Secondary Plan (OPA #73) Ontario Municipal Board Hearing (Litigation Matter) THAT the confidential recommendation be approved. CARRIED VIII DELEGATIONS Delegation (a) Mr. Don Given Representing Aurora 2C Landowners Group Re: Item 4 (6) Status Update on 2C Secondary Plan (OPA #73) Ontario Municipal Board Hearing (Litigation Matter) Mr. Given noted that he represents the Aurora 2C Landowners Group that has appealed the 2C Secondary Plan to the Ontario Municipal Board. He was pleased to commend the Town of Aurora staff on their meetings with the Landowners Group and that many of the major issues are being resolved. Mr. Given stated that he is hopeful that all of the issues will be cleared prior to the OMB hearing as they continue to work with Town staff toward a mutual resolution. Moved by Councillor Abel Seconded by Councillor Thompson THAT Council receive the comments of the delegate. CARRIED Council Meeting Minutes Tuesday, March 29, 2011 Page 5 of 9 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of March 22, 2011 (1) Deferred from Council Meeting of February 22, 2011 (Item 5) Deferred from Council Meeting of March 8, 2011 (Item 3) BBS11-001 – Award of Request for Proposal No. CLS2010-34 Customer Service Strategy Moved by Councillor Humfryes Seconded by Councillor Abel THAT Council receive Report No. BBS11-001; and THAT Request for Proposal No. CLS2010-34 (the “RFP”) – for the consulting services related to the development of a Customer Service Strategy, be awarded to Atfocus Inc. at its bid price of $78,100 excluding taxes; and THAT the consulting fees be funded through the 2010 budget approved Capital Project 12016 – Customer Care Implementation Plan in the amount of $50,000 and the remaining $28,100 be funded by 2010 unspent consulting dollars by way of a budget carry-forward; and THAT the Mayor and Town Clerk be authorized to execute an Agreement with Atfocus Inc. for the provision of consulting services with respect to the RFP, including any and all documents and ancillary agreements required to give effect to same. CARRIED 3. Memorandum from Neil Garbe, Chief Administrative Officer Re: 2011 Strategic Plan Update Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Council approve $80,000 in the 2011 Budget for the update of the Town of Aurora Strategic Plan based on the work plan outlined in Report CAO11–003; and THAT staff be directed to prepare and issue a request for proposals for consulting services to assist with consultation, background research and Strategic Plan development. CARRIED 4. Consideration of March 22, 2011 General Committee Closed Session Recommendations 1) CAO11-007 – Recruitment Plan and Appointment of Acting Town Solicitor (Personal Matter) Moved by Councillor Gallo Seconded by Councillor Abel THAT report CAO11-007 be received for information; and THAT the recruitment plan for the Town Solicitor position be approved; and Council Meeting Minutes Tuesday, March 29, 2011 Page 6 of 9 THAT By-law 5320-11 be adopted to appoint an Acting Town Solicitor. CARRIED 4. Consideration of March 22, 2011 General Committee Closed Session Recommendations 3) PR11-013 – Land Acquisition Strategy (Property Matter) Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the Director of Planning and Development Services be directed to report on the parkland opportunities for recreational purposes on lands in the Oak Ridges Moraine; and THAT the confidential recommendation be approved including: THAT Council receive Report PR11-013; and THAT Council direct staff to further investigate potential properties using the following methods identified in the Land Acquisition Strategy Report (PR11-003): 1. Fee-Simple Purchase 2. Transfers from Provincial Agencies 3. Access to Non-Municipal Fields 4. Redevelopment of existing parkland CARRIED Deputy Mayor Abel assumed the Chair at 8:56 p.m Mayor Dawe resumed the Chair at 8:59 p.m. Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Council direct staff to further investigate potential properties using the following methods identified in the Land Acquisition Strategy Report (PR11-003): 5. Lands outside of the Town of Aurora On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Gaertner Deputy Mayor Abel assumed the Chair at 9:07 p.m Councillor Gaertner left the meeting at 9:08 p.m. Council Meeting Minutes Tuesday, March 29, 2011 Page 7 of 9 4. Consideration of March 22, 2011 General Committee Closed Session Recommendations 5) Morris v. Johnson et al. - Defamation Action (Litigation Matter) Moved by Mayor Dawe Seconded by Councillor Pirri THAT the Town pay the legal accounts of Aird & Berlis LLP for services up to and including December 15, 2010, and for additional outside counsel, Paterson MacDougall, for services rendered up until December 21, 2010, and provide notice to both of those firms, and to Phyllis Morris, that the town is not liable for, and will not pay, any legal expenses incurred after those dates, respectively; and THAT the Town give notice to Phyllis Morris of the intent by the Town to look to her for indemnity in respect of legal services paid for by the Town out of any damages or costs recovered by her in proceedings; and THAT the Executive Summary, from Mr. George H. Rust-D’Eye be released to the public. Mayor Dawe resumed the Chair at 9:27 p.m. On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 2 VOTING YEAS: Councillors Abel, Gallo, Humfryes, Pirri, and Mayor Dawe VOTING NAYS: Councillors Buck and Thompson Moved by Councillor Buck Seconded by Councillor Humfryes THAT Council waive the solicitor/client privilege to release the full report given to Council by Mr. Rust-D’Eye. On a recorded vote the motion was DEFEATED. YEAS: 1 NAYS: 6 VOTING YEAS: Councillor Buck VOTING NAYS: Councillors Abel, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe Councillor Gaertner returned to the meeting at 9:46 p.m. X NOTICE OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN XI REGIONAL REPORT None Council Meeting Minutes Tuesday, March 29, 2011 Page 8 of 9 XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Buck noted that the downtown heritage lamp standards looked wonderful last summer with the hanging plants but expressed concern that they need to be revitalized. She gave Notice of Motion to use the $150,000 provided by SmartCentres for this project as a good way to utilize these funds. Councillor Gallo provided Notice of Motion regarding any in-camera pending list items that remain unresolved. Councillor Buck gave Notice of Motion to request that that Parks and Recreation staff review potential usage and location of the Petch House and report back to Council. The Director of Customer and Legislative Services/Town Clerk, John D. Leach, noted that the Procedural By-law has changed and that a Notice of Motion is to be given in writing, and submitted to the Customer and Legislative Services Department no later than Thursday at 4:30 p.m. prior to a regular Council meeting. Councillor Gaertner raised some concerns regarding how Closed Session recesses and reconvenes. The Director of Customer and Legislative Services/Town Clerk, John D. Leach, responded that the Town of Aurora acts in accordance with the Procedural By-law and the Municipal Act, 2001 when a Closed Session meeting recesses and reconvenes. XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor Buck Seconded by Councillor Abel THAT the following listed by-laws be given first, second, and third readings and enacted: 5301-11 BEING A BY-LAW to amend Zoning By-law Number 2213- 78, as amended (15277 Yonge Street). 5302-11 BEING A BY-LAW to designate a property to be of cultural heritage value or interest (Alloa Lea House - 100 Old Yonge Street). 5303-11 BEING A BY-LAW to repeal By-law Number 5082-08.R, being a By-law to designate a property as being of historical and/or architectural value or interest (Alloa Lea House – 100 Old Yonge Street). 5310-11 BEING A BY-LAW to amend Zoning By-law Number 2213- 78, as amended (15933 Bayview Avenue). 5317-11 BEING A BY-LAW to declare as surplus and sell municipal lands (southern portion of 95 Allaura Boulevard). 5320-11 BEING A BY-LAW to appoint an Acting Town Solicitor and Acting Director of Legal Services. CARRIED Council Meeting Minutes Tuesday, March 29, 2011 Page 9 of 9 THAT the following listed by-law be given first, second, and third readings and enacted: Moved by Councillor Abel Seconded by Councillor Buck 5322-11 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 11-09 on March 29, 2011 CARRIED XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Abel THAT the meeting be adjourned at 9:54 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF MARCH 29, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON APRIL 12, 2011.