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MINUTES - Council - 20110621 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, June 21, 2011 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, and Pirri MEMBERS ABSENT Councillor Thompson OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Acting Director of Legal Services/Town Solicitor, 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 7:12 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 item, be approved:  New Item Notice of Motion: Councillor Humfryes Re: Fireworks By-law Amendment CARRIED III ADOPTION OF MINUTES Council Meeting Minutes of June 7, 2011 Moved by Councillor Abel Seconded by Councillor Gallo THAT the Council Meeting minutes of June 7, 2011 be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 2 of 11 IV PRESENTATIONS None V PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes congratulated the Town of Aurora Relay for Life team and her fellow Councillors who participated and raised over $1,000. She noted, that overall, the event raised over $100,000 and that she was very proud to have been a part of it. Councillor Humfryes noted that the Aurora Farmers’ Market is holding Seniors Day on August 18, 2011 and that August 27, 2011 is the Council Corn Roast. Councillor Abel congratulated all the seniors who participated in the Senior Idol competition and noted the tremendous talent. He said that he was privileged to have been a judge and noted that the winners would be heading to Niagara Falls for the next stage in the competition. Councillor Abel also congratulated the seniors who participated in the senior games and the many gold medal winners. Councillor Abel invited all to attend the Neighbourhood Network barbeque being held at the Seniors Centre on Thursday, June 30, 2011 between 11:30 a.m. and 1:30 p.m. with lots of food and entertainment by The Ambassadors. He stated that funds raised would benefit the Aurora Seniors Association. Councillor Abel noted that the Aurora Historical Society is holding a fund raiser golf tournament on July 4, 2011, at Westview Golf Club. He stated that the tournament proceeds would support the work of the Aurora Historical Society. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(8), 1(9), 1 (11), 4, 8, 9, 10, and 11 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 8, 9, and 11), 2, 3, 5, 6, and 7 were identified as items not requiring separate discussion. Moved by Councillor Humfryes Seconded by Councillor Ballard 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 June 14, 2011 THAT the minutes of the General Committee meeting of June 14, 2011 be received and the recommendations carried by the Committee be approved with the exception of subsections 8, 9, and 11. Council Meeting Minutes Tuesday, June 21, 2011 Page 3 of 11 2. Special General Committee Meeting Minutes of June 14, 2011 THAT the minutes of the Special General Committee meeting of June 14, 2011 be received and the recommendations carried by the Committee be approved. 3. Memorandum from Mayor Dawe Re: Southlake Regional Health Centre Foundation 2011 A & B Courier Run for Southlake THAT Council receive the memorandum regarding Southlake Regional Health Centre Foundation 2011 A & B Courier Run for Southlake for information. 5. Deferred from June 14, 2011 General Committee Meeting – Item 15 AAC11-03 – Accessibility Advisory Committee Report, June 1, 2011 THAT Council receive the Accessibility Advisory Committee report for information. 6. EDAC11-01 – Economic Development Advisory Committee Report June 9, 2011 THAT Council adopt the Economic Development Advisory Committee recommendations of the June 9, 2011 meeting. 7. HAC11-01 – Heritage Advisory Committee Report, June 13, 2011 THAT Council adopt the Heritage Advisory Committee recommendations of the June 13, 2011 meeting. CARRIED VIII DELEGATIONS (a) Evgenia Kuznetsova, Resident Re: Item 1(8) – PL11-036 – Zoning By-law Amendment Application Vito Pisano 292 Kennedy Street West File: D14-01-11 Ms Kuznetsova informed Council that she is upset with the proposed development next door to her property as she has concerns regarding the cedar hedge located along her property line. She has requested that this cedar hedge not be disturbed or removed during the development of the abutting property located at 292 Kennedy Street West. Ms Kuznetsova requested that the developer provide a security deposit to ensure the hedge is not damaged. Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the comments of the delegate be received and referred to Item 1(8). CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 4 of 11 (b) Katherine Belrose Representing Friends of Petch House Re: Item 1(9) – PR11-027 – Proposal to Rehabilitate the Petch House Ms Belrose informed Council that the Friends of Petch House has concerns regarding the proposed site. She provided heritage information on the Petch House and noted that after relocation the building will meet the criteria for heritage designation. Ms Belrose requested that Council take these issues into consideration. Moved by Councillor Gallo Seconded by Councillor Abel THAT the comments of the delegate be received and referred to Item 1(9). CARRIED (c) Klaus Wehrenberg Representing Trails Sub-Committee Re: Item 1(11) – PR11-029 – Outstanding Trail Connections Mr. Wehrenberg noted that it is important to implement the agreed upon easement/public open space based trails that were negotiated over twenty years ago under the existing planning laws. He reviewed the development of the off- road trail systems and noted they need to keep in touch with nature. Mr. Wehrenberg stated the area at Yonge Street and St. John’s Sideroad is important and that this planning decision was made over twenty years ago and the current owner was aware of this easement when he purchased the property. Moved by Councillor Buck Seconded by Councillor Ballard THAT the comments and written submission of the delegate be received and referred to Item 1(11). CARRIED (d) Ronald Lanthier, Resident Re: Item 10 – Memorandum from Councillor Gaertner Re: Correspondence regarding Westhill Mr. Lanthier reviewed the status of the Westhill application and inappropriateness of the location and plan of development. He stated that the Ontario Municipal Board (OMB) should have taken the Oak Ridges Moraine legislation into consideration when making their decision and that allowing this development to go forward could cause irreparable damage to the Oak Ridges Moraine. Mr. Lanthier stated that the OMB should be abolished as it has exceeded its authority, become diminished in its usefulness, and is no longer relevant. He asked that Council appeal to the Ministry of the Environment to not issue the water taking permit and stop this development. Moved by Councillor Ballard Seconded by Councillor Abel THAT the comments of the delegate be received and referred to Item 10. CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 5 of 11 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of June 14, 2011 (8) PL11-036 – Zoning By-law Amendment Application Vito Pisano 292 Kennedy Street West File: D14-01-11 Moved by Councillor Gaertner Seconded by Councillor Ballard THAT report PL11-036 be received; and THAT Zoning Amendment Application File D14-01-11 (Vito Pisano) be approved to rezone the subject lands from “Holding (H) Zone” to “Detached Second Density Residential (R2) Zone” to facilitate the severance of the existing residential lot into two (2) lots and the construction of two (2) new single detached dwellings; and THAT two (2) units of water and sanitary servicing capacity be allocated to this proposal; and THAT Council enact implementing Zoning By-law 5345-11. CARRIED (9) PR11-027 – Proposal to Rehabilitate the Petch House Moved by Councillor Pirri Seconded by Councillor Abel THAT Council receive report PR11-027; and THAT Phase 1 of the proposal to rehabilitate the Petch House be approved by Council; and THAT Council approve Site 3, Aurora Town Hall/Arboretum for the location of the Petch House; and THAT staff report back to Council on Phase 2 being the future uses of the Petch House and the associated financial requirements to facilitate such uses. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gaertner (11) PR11-029 – Outstanding Trail Connections Moved by Councillor Abel Seconded by Councillor Gallo THAT the motion be split to accommodate voting on the Kwik Copy trail extension and the Benville trail extension separately. CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 6 of 11 Moved by Councillor Abel Seconded by Councillor Gallo THAT the Kwik Copy trail extension be deferred to the July 12, 2011 Council meeting. DEFEATED Moved by Councillor Buck Seconded by Councillor Ballard THAT construction commence on the Kwik Copy trail extension. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, and Pirri VOTING NAYS: Mayor Dawe Moved by Councillor Ballard Seconded by Councillor Gallo THAT construction commence on the Benville trail extension. CARRIED UNANIMOUSLY 8. PRAC11-01 – Parks and Recreation Advisory Committee Report June 6, 2011 Moved by Councillor Pirri Seconded by Councillor Abel THAT the Parks and Recreation Advisory Committee Report be received; and THAT Council endorse the Parks Ambassador Program. DEFEATED Moved by Councillor Gallo Seconded by Councillor Ballard THAT Council adopt the Parks and Recreation Advisory Committee recommendations of the June 6, 2011 meeting. CARRIED 9. IES11-027 – Fire Hall 4-3 Renovation Project Moved by Councillor Gallo Seconded by Councillor Buck THAT Council receive report IES11-027; and THAT Direct Construction Company be retained in the amount of $468,000.00 + HST for the renovation of Fire Hall 4-3 based on the results of Tender IES2011-56; and Council Meeting Minutes Tuesday, June 21, 2011 Page 7 of 11 THAT a one hundred and twenty (120) day short-term lease in the amount of $41,248.00 + HST be executed with Jochri Investments Limited for use of the property at 200 Industrial Parkway (former York Regional Police Facility) to maintain Central York Fire Services operations during construction implementation at Fire Hall 4-3; and THAT the capital budget for project #21004 - Fire Hall 4-3 Renovation be increased to $595,000.00, plus HST, to account for design, consulting, construction costs and temporary accommodations for the Central York Fire Services. CARRIED 10. Memorandum from Councillor Gaertner Re: Correspondence regarding Westhill Moved by Councillor Gaertner Seconded by Councillor Ballard THAT Council receive Mr. Lanthier’s email; and THAT the list of settlement issues be placed on the July 12, 2011 Council agenda; and THAT there is an outline of what needed to be negotiated; and THAT staff report back to Council on how these issues have been addressed administratively. CARRIED 11. Memorandum from the Chief Administrative Officer Re: Case Woodlot – Contribution from the Region of York Moved by Councillor Ballard Seconded by Councillor Gaertner THAT the details on the price of purchase for the Case Woodlot details be reported out. CARRIED 4. Memorandum from the Director of Parks and Recreation Services Re: Item 1(10) – Update Re: PR11-028 – Selection of Food Vendors for the Concerts in the Park, Theatre in the Park and Movies in the Park Events for 2011 Moved by Councillor Ballard Seconded by Councillor Gallo THAT Council approve the selection of M & M Meat Shops as the primary vendor and Poppers Popcorn as the secondary vendor for all Town of Aurora Concerts in the Park, Theatre in the Park and Movies in the Park events for 2011. CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 8 of 11 X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN Mayor Dawe relinquished the Chair to Deputy Mayor Abel at 10:21 p.m. (i) Notices of Motion (a) Mayor Dawe Re: Consideration of Removal of a Playground Component from Confederation Park Playground WHEREAS a resident appeared before the June 7, 2011 Council meeting in open forum to present a child safety-related concern with the “Double Hump Camel Back Climber” situated in the Confederation Park Playground; and WHEREAS the resident advised Council of incidents involving young children sustaining minor injuries on the said playground component; and WHEREAS Council and Staff of the Town of Aurora consider public safety and due diligence in our Public Facilities, Parks and Properties as a high priority; and WHEREAS the resident is concerned that there may be undue risk to the public associated with the continued use of the said Playground component. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to remove the “Double Hump Camel Back Climber” forthwith. Mayor Dawe resumed the Chair at 10:22 p.m. (b) Councillor Gaertner Re: Council Remuneration WHEREAS it is desirable to review Council's remuneration to ensure fair and equitable compensation; and WHEREAS the normal practice has been for Aurora to appoint a Council Compensation Review Committee in the last year of each term to make recommendations for the compensation of the next Council; and WHEREAS during the last term of Council, no such committee was struck and no other form of review was undertaken. THEREFORE BE IT RESOLVED THAT Council direct staff to prepare a report outlining current best practices in use by other municipalities and options for Council to consider, together with potential recommendations, which would assist Council in developing a strategy for the review and update of compensation of Members of Council both now and in the future. (c) Councillor Humfryes Re: Fireworks By-law Amendment WHEREAS the Municipal Act authorizes the Town of Aurora to enact a By-law to prohibit and regulate the sale and setting off of fireworks; and WHEREAS the current By-law allows Family Fireworks to be set off two days preceding the Victoria Day holiday and Canada Day and two days following the same therefore allowing for five consecutive days of fireworks without any time restrictions; and Council Meeting Minutes Tuesday, June 21, 2011 Page 9 of 11 WHEREAS this is causing residents stress and frustration due to the excessive and continual noise. THEREFORE BE IT RESOLVED THAT staff report back to Council with proposed amendments to the By-law for enactment that would allow Family Fireworks for a limited period of time, including start and end times, without jeopardizing holiday celebration activities. (ii) Motions for Which Notice Has Been Given (a) Councillor Pirri (deferred from June 7, 2011) Re: Train Anti-Whistling in the Town of Aurora Moved by Councillor Pirri Seconded by Councillor Buck WHEREAS Council at its June, 8 2010 meeting, approved funding to proceed with the necessary infrastructure to implement anti-whistling in the Town; and 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 crossings 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. CARRIED Moved by Councillor Pirri Seconded by Councillor Abel THAT the Procedural By-law be waived to extend the hour. CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 10 of 11 (b) Councillor Abel Re: Agreement with Church Street School Cultural Centre Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the Procedural By-law be waived to further extend the hour. CARRIED Moved by Councillor Abel Seconded by Councillor Pirri WHEREAS the Town is a significant funder of the Cultural Centre; and WHEREAS the Town wants the Aurora Cultural Centre to be successful in the delivery of Cultural Services; and WHEREAS the governance structure and relationship to the Town is unique among similar facilities; and WHEREAS communicating success is critical for the public to be confident in the accountability and transparency of the Centre. NOW THEREFORE BE IT RESOLVED THAT the CAO work with staff from the Cultural Centre to conduct an independent, full agreement compliance review and produce a report to Council on how the cultural services agreement is being fulfilled. CARRIED XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner expressed concern regarding the options available for staff when criticized at meetings. Councillor Buck left the meeting at 11:04 p.m. Councillor Ballard provided a Motion regarding Item 10, the memorandum from Councillor Gaertner, regarding correspondence with respect to Westhill. Moved by Councillor Ballard Seconded by Councillor Gaertner THAT Council direct the Mayor to write to the Honourable John Wilkinson, Minister of the Environment, at the Mayor’s earliest convenience, to continue to deny, for environmental reasons, namely the continued protection of the Oak Ridges Moraine, a permit to take water; and THAT a copy of that letter be placed on the July 12, 2011 Council agenda for information. CARRIED Council Meeting Minutes Tuesday, June 21, 2011 Page 11 of 11 XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Abel THAT the following listed by-laws be given first, second, and third readings and enacted; and 5340-11 BEING A BY-LAW to establish a schedule of fees and charges for municipal services, activities and the use of property within the Town of Aurora (Report CFS11-016 – GC May 31, 2011) 5342-11 BEING A BY-LAW to Provide for Persons Authorized to Sign Cheques and Other Banking Related Authorities on behalf of the Town (Report CFS11-018 – GC June 14, 2011) 5344-11 BEING A BY-LAW to further amend Parking By-law Number 4574-04.T as amended, with respect to parking on Kennedy Street West (Report IES11-016 – GC May 3, 2011) 5345-11 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (292 Kennedy Street West) (Report PL11-036 – GC June 14, 2011) CARRIED Moved by Councillor Pirri Seconded by Councillor Abel THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5348-11 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting 11-19 on June 21, 2011 CARRIED XV ADJOURNMENT Moved by Councillor Abel Seconded by Councillor Pirri THAT the meeting be adjourned at 11:12 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF JUNE 21, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON JULY 12, 2011.