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MINUTES - Council - 20110607 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, June 7, 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 7:11 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 Item 4 - LGL11-003 – Town Staff Member Indemnification for Independent Legal Advice Hervey v. Morris CARRIED Council Meeting Minutes Tuesday, June 7, 2011 Page 2 of 10 III ADOPTION OF MINUTES Council Minutes of May 24, 2011 Special Council - Public Planning Minutes of May 25, 2011 Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the Council minutes of May 24, 2011 be adopted as printed and circulated. CARRIED Moved by Councillor Abel Seconded by Councillor Buck THAT the Special Council - Public Planning minutes of May 25, 2011 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Mayor Dawe Re: Citizen of the Year Mayor Dawe acknowledged and thanked those involved in the process of choosing the Citizen of the Year. He stated that there was a strong list of nominees and many excellent candidates. Mayor Dawe noted the many selfless contributions and countless hours devoted to the Town of Aurora by the recipient and that this person was very deserving of the award. He presented the Citizen of the Year award to Joanne Spitzer. Ms Spitzer thanked the community and all of the organizations she works with and stated that the true joy was in being able to help others. (b) Chris Catania, Youth & Community Development Coordinator Re: Art for the Park 2011 The Youth & Community Development Coordinator updated Council and those in attendance on the inaugural Art in the Park initiative that culminated in twelve works of art, created in the form of painted picnic tables. He noted and thanked those involved and presented awards to representatives of the following participants: DR. G.W. WILLIAMS SECONDARY SCHOOL “4 Seasons of Aurora” “Benchwarmer” “Animals” Hilary Alcorn Mark Cardoza Jasine Nguyen Stephanie Boon Trueman Jackson Rebecca Filosa Bailey Crockett Luc McCutcheon Ashleigh Crookston Owen Nisbet “Totem Pole” Emily David Bright Osei Shamiala Aslam Bridget Dransfield Nicholas Palomino Kira Duff Kelsey Horton Samir Pasani Chrystal Yung Marina Hotoyan Adrian Ramirez Sarah Klein Anne Johnson Juan Camilo Rivera-Madrinan Christine Lukachko Sherban Sirbu “Cloud & Scenes” Lauren Nelis Ian Smith Maddy Appleby Victoria Sandquist Brandon Weeks Josh Balkowski Jacqueline Thompson Brady Wilson Ellen Riopelle Jenny Wang Aidan Woods Council Meeting Minutes Tuesday, June 7, 2011 Page 3 of 10 “Canada’s Birthday Town” Clarissa Crocombe Jodi Beaver AURORA HIGH SCHOOL “Flowercus Maximus” “Mermaids” “Shinee World” Madelaine Patton Kimberly De Vera Sharon Fung Hannah Hossack Victoria Nam Jessica Tan Holly Zade Brittany Barton Olivia Hanson MAPLE KEY RANGERS ST. MAXIMILIAN KOLBE C.H.S. “The Sit-Upon” “Under the Sea” Sarah Klein Diana Juhasz Nicole Bransfield Mitchell Srouji Emily Ishoj Andrea Morales Caceres Kaitlin Parker Andrea Silva Jessica Smith Vanessa Alessi Shannon O’Hara Julie Guevara Cynthia Pope Cody Giffen Lyn Lamont Emma Samson ECOLE S.C. RENAISSANCE “Events in Town Park” Evelyn Roitner Patricia Nguyen V PUBLIC SERVICE ANNOUNCEMENTS Councillor Pirri congratulated Brenda Hogg and Chris Emanuel for their recent election to the Federation of Canadian Municipalities Board of Directors, and stated that it is great to have this representation for York Region. Councillor Humfryes noted the Relay for Life event being held this coming weekend and welcomed any and all who would like to visit or participate in this wonderful event. Councillor Thompson noted that this past weekend saw the opening of the new RBC branch in Aurora along with their donation to the Blue Hills Child and Family Centre in the amount of $22,000. He noted that RBC raises funds for children’s mental health and thanked them for giving back to the community. Councillor Abel invited the community to attend the Aurora Jazz Festival Black Tie Gala being held this Thursday, June 9, 2011 at The Mansion as a fundraiser. Councillor Abel congratulated the Mayor on bringing back the Mayor’s Tournament to be held at Silver Lakes Golf Club on September 29, 2011. Councillor Abel said that he recently spoke at the York Region Multi-Media Film Festival and that it was an excellent celebration that showcased many talented participants. Councillor Abel recognized and congratulated all of the students who will be graduating over the next few weeks. Council Meeting Minutes Tuesday, June 7, 2011 Page 4 of 10 Councillor Abel invited all to attend the Neighbourhood Network Great Canadian Barbeque being held on June 30, 2011 between 11:30 a.m. and 1:30 p.m. at the Aurora Seniors Centre with lots of food and entertainment by The Ambassadors. He stated that funds raised will benefit the Aurora Seniors Association. Councillor Buck congratulated the Chamber of Commerce on their hugely successful Street Festival that was held this past weekend. She noted that it just gets better and better. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (9) and 1 (10) were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Item 1 (with the exception of subsections 9 and 10), 2, 3, and 4 were identified as items not requiring separate discussion. Moved by Councillor Thompson Seconded by Councillor Gaertner 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 May 31, 2011 THAT the minutes of the General Committee meeting of May 31, 2011 be received and the recommendations carried by the Committee be approved with the exception of subsections 9 and 10. 2. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights – May 27 th Meeting of the Board THAT the Lake Simcoe Region Conservation Authority Highlights – May 27th Meeting of the Board be received for information. 3. Memorandum from John D. Leach, Director of Customer and Legislative Services/Town Clerk Re: Council’s Procedural By-law Review THAT a Special General Committee (Workshop) be scheduled for June 14, 2011 at 4:00 p.m. in the Council Chambers for the purpose of reviewing proposed amendments to Council’s Procedural By-law. 4. LGL11-003 – Town Staff Member Indemnification for Independent Legal Advice Hervey v. Morris THAT the Acting Town Solicitor be authorized to pay the legal fees of external legal counsel in order to provide independent legal advice to current Town staff members regarding the matter of Hervey v. Morris; and Council Meeting Minutes Tuesday, June 7, 2011 Page 5 of 10 THAT the Acting Town Solicitor advise Council, once the matter is complete, of the total amount spent on paying the legal fees of said external legal counsel. CARRIED VIII DELEGATIONS None IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of May 31, 2011 (9) PR11-021 – Community and Cultural Grant Moved by Councillor Gaertner Seconded by Councillor Ballard THAT Council receive Report PR11-021; and THAT Council endorse the revised Community and Cultural Grant Policy; and THAT groups receiving grants be Aurora-based groups; and THAT staff draft a policy based on these guidelines for Council approval. DEFEATED Moved by Councillor Pirri Seconded by Councillor Buck THAT Council receive Report PR11-021; and THAT Council endorse the revised Community and Cultural Grant Policy; and THAT staff draft a policy based on these guidelines for Council approval. CARRIED 1. General Committee Meeting Minutes of May 31, 2011 (10) PR11-026 – Sponsorship of Third Party Events Moved by Councillor Thompson Seconded by Councillor Buck THAT Council receive Report PR11-026; and THAT Council endorse the Sponsorship Policy; and THAT staff draft a policy based on these guidelines for Council approval; and THAT staff bring forward a recommendation for Council approval for the sponsorship of any event that has a dollar figure associated with it. CARRIED Council Meeting Minutes Tuesday, June 7, 2011 Page 6 of 10 X NOTICE OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notice of Motion (a) Notice of Motion: Councillor Abel Re: Ag reement with Church Street School Cultural Centre (ii) Motions for Which Notice Has Been Given Motions (a) – (e) were deferred from the May 24, 2011 Council Meeting (Notice was given May 10, 2011) Moved by Councillor Buck Seconded by Councillor Gallo THAT Council reconsider the Cost for Pumping Stations. CARRIED on two-thirds majority. (a) Motion for Which Notice Has Been Given: Councillor Buck Re: Costs for Pumping Stations Moved by Councillor Buck Seconded by Councillor Gallo 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 bring a comprehensive report back to Council. CARRIED (b) Motion for Which Notice Has Been Given: Councillor Buck Re: Report on Storm Water Ponds Moved by Councillor Buck Seconded by Councillor Thompson 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, June 7, 2011 Page 7 of 10 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. CARRIED Moved by Councillor Buck Seconded by Councillor Pirri THAT Council reconsider the Water Rates. CARRIED on two-thirds majority. (c) Motion for Which Notice Has Been Given: Councillor Buck Re: Water Rates Moved by Councillor Buck Seconded by Councillor Thompson 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. Council recessed at 9:05 p.m. Council reconvened at 9:17 p.m. Councillor Buck left the meeting at 9:21 p.m. Moved by Councillor Pirri Seconded by Councillor Abel THAT the Chair call the question. CARRIED Council Meeting Minutes Tuesday, June 7, 2011 Page 8 of 10 On a recorded vote the motion was DEFEATED. YEAS: 0 NAYS: 8 VOTING YEAS: None VOTING NAYS: Councillors Abel, Ballard, Gallo, Gaertner, Humfryes, Pirri, Thompson, and Mayor Dawe (d) Motion for Which Notice Has Been Given: 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. No action was taken on this matter. (e) Motion for Which Notice Has Been Given: Councillor Pirri Re: Train Anti-Whistling in the Town of Aurora Moved by Councillor Pirri Seconded by Councillor Ballard THAT this Item be deferred to the June 21, 2011 Council meeting. CARRIED Mayor Dawe passed the Chair to Councillor Abel at 9:26 (f) Mayor Dawe Re: Consideration of Town Entrance Feature at Bathurst and Wellington Intersection Moved by Mayor Dawe Seconded by Councillor Ballard WHEREAS previous Councils have invested in substantial entrance features along Wellington Street from Leslie Street to John West Way; and WHEREAS these features provide a pleasing and inviting atmosphere to visitors and residents of the Town; and WHEREAS there is an absence of any entrance feature for those entering the Town from the West along Wellington Street; and WHEREAS the Region is currently tendering resurfacing of Wellington Street from a point just east of Bathurst Street to Yonge Street; and Council Meeting Minutes Tuesday, June 7, 2011 Page 9 of 10 WHEREAS an opportunity still remains to incorporate an entrance feature within the Regional project and benefit from a potential 50 percent cost sharing of streetscaping through the Municipal Streetscaping Partnership Policy. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to investigate options for providing an entrance feature on Wellington Street just East of Bathurst Street in partnership with York Region; and THAT the necessary applications be submitted to the Region to determine funding eligibility through the Municipal Streetscaping Partnership Program; and THAT staff report back to Council on the feasibility of the project and expected costs prior to proceeding with an implementation to be planned for 2012. CARRIED Mayor Dawe resumed the Chair at 9:27 p.m. (g) Councillor Gallo Re: Media Advisory Moved by Councillor Gallo Seconded by Councillor Ballard WHEREAS the Town of Aurora, through the Mayor’s office, on April 15, 2011 issued a Media Advisory; and WHEREAS Council governs by resolution; and WHEREAS Councillors may, or may not, agree with the content of the Media Advisory. NOW THEREFORE BE IT HEREBY RESOLVED THAT the Mayor’s office and CAO be directed to provide Council with an explanation as to how the Corporation put forward a position to the public on behalf of Council without Council’s direction, and why recommended policy changes were communicated through the Media Advisory without first being brought to Council for its consideration. On a recorded vote the motion was DEFEATED. YEAS: 4 NAYS: 4 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, and Humfryes VOTING NAYS: Councillors Abel, Pirri, Thompson, and Mayor Dawe XI REGIONAL REPORT None Council Meeting Minutes Tuesday, June 7, 2011 Page 10 of 10 XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner requested clarification on the Procedural By-law. Councillor Gallo inquired about the new Councillor’s and Mayor’s name plates. Councillor Ballard advised that he had recently spoken with the Department of National Defence regarding their move into the former hydro building that they have leased from the Town of Aurora and noted that the historic Town Park Armories building they currently occupy may become surplus, but not until the end of 2012 at the earliest. XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor Humfryes Seconded by Councillor Pirri THAT the following listed by-law be given first, second, and third readings, and enacted: 5318-11 BEING A BY-LAW to provide remuneration for members and chair of the Committee of Adjustment CARRIED Moved by Councillor Ballard Seconded by Councillor Gallo THAT the following listed by-law be given first, second, and third readings, and enacted: 5343-11 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting 11-18 on June 7, 2011 CARRIED XV ADJOURNMENT Moved by Councillor Abel Seconded by Councillor Thompson THAT the meeting be adjourned at 9:59 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF JUNE 7, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON JUNE 21, 2011.