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MINUTES - Council - 20110913 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, September 13, 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, 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 7:16 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 Thompson Seconded by Councillor Abel THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  Delegation (a) Mr. Klaus Wehrenberg, Resident Re: Item 11 – Memorandum from Councillor Buck Re: Leslie Street Underpasses  Item 11 – Memorandum from Councillor Buck Re: Leslie Street Underpasses  Item 12 – Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: By-law to Appoint a Deputy Clerk  By-law 5364-11 BEING A BY-LAW to appoint a Deputy Clerk and to delegate certain authority to the Deputy Clerk/Manager of Administration on behalf of the Town. CARRIED Council Meeting Minutes Tuesday, September 13, 2011 Page 2 of 11 III ADOPTION OF MINUTES Council Meeting Minutes of August 16, 2011 Moved by Councillor Pirri Seconded by Councillor Gallo THAT the Council Meeting minutes of August 16, 2011 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Shelley Ware, Special Events Coordinator Re: 2011 Aurora Teen Idol and 2011 Aurora’s Got Talent Presentations Shelley Ware noted that the audition round of the fifth Aurora Teen Idol Competition took place on Tuesday, June 24, 2011 at the Aurora Family Leisure Complex with more than 27 contestants. She said the final round took place on Canada Day at Lambert Wilson Park where the top eight finalists competed. Ms Ware stated that the judges, Sarah Kyle, Joe Lipuski, and Christopher Roberts, from the Aurora Performing Arts Group, had a challenging time making their decisions. Mayor Dawe and Ms Ware presented the following participants with awards:  2nd Runner-up – Bianca Corrado  1st Runner-up – Christine Debney  2011 Aurora Teen Idol – Amanda MacDonald Ms Ware recognized the performers from the Aurora’s Got Talent competition which took place as part of the Aurora Ribfest activities. She noted that this was an opportunity for residents to showcase their talents in a supportive environment. Ms Ware stated that the judges included Christopher Roberts from the Aurora Performing Arts Group, Jennifer Martin from the Children’s Theatre Company, and Joanne Spitzer form Aurora Theatre. Mayor Dawe and Ms Ware presented awards to the following participants:  1st Runner-up – Samantha Ryan  Winner – Anastasia Charyk Ms Ware congratulated all of the award recipients and thanked all of the participants, as well as the community, for their great support of these two events. V PUBLIC SERVICE ANNOUNCEMENTS Councillor Gaertner congratulated those responsible for the magnificent flower planters on Yonge Street. Councillor Humfryes thanked the Aurora Farmers’ Market for hosting the first Council Corn Roast. Councillor Thompson noted that the Terry Fox Run will be held on Sunday, September 18, 2011 with registration commencing at 8:30 a.m. at Sheppard’s Bush. Councillor Abel invited Aurora residents to attend the Central York Fire Services Open House being held on Saturday, October 15, 2011 from 10 a.m. to 3 p.m. at Fire Station 4-4 at 1344 Wellington Street East. Council Meeting Minutes Tuesday, September 13, 2011 Page 3 of 11 Mayor Dawe thanked all those involved in the exciting events held this past weekend in Aurora and, in particular, Parks and Recreation Services for all of their work on helping to make Ribfest such a great success. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(3), 2, 3, 4, 5, 6, 7, 8, 10, and 11 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsection 3), 9, and 12 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 September 6, 2011 THAT the minutes of the General Committee meeting of September 6, 2011 be received and the recommendations carried by the Committee be approved with the exception of subsection 3 (CLS11-013 – Council’s Procedural By-law). 9. CLS11-016 – General Committee Closed Session Report dated September 6, 2011 1. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Re: Request for Reduction of Cash-in-Lieu of Parkland Payment, 1 Lensmith Drive, Aurora THAT Report No. LGL11-008 be received; and THAT the Mayor and Town Clerk be authorized to execute an Agreement to Amend the Development Agreement with the owners of 1 and 3 Lensmith Drive and 268 Kennedy Street West, Aurora, including any and all documents and ancillary agreements required to give effect to same. 2. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: LGL11-009 - Decision of the Ontario Municipal Board - 2C Secondary Plan (OPA #73) THAT Council adopt the confidential recommendation of the General Committee Closed Session meeting of September 6, 2011. 12. Memorandum from the Director of Customer and Legislative Services/ Town Clerk Re: By-law to Appoint a Deputy Clerk THAT Council enact a by-law to appoint Cindy Maher as a Deputy Clerk for the Town of Aurora. CARRIED Council Meeting Minutes Tuesday, September 13, 2011 Page 4 of 11 VIII DELEGATIONS (a) Klaus Wehrenberg Re: Item 11 – Memorandum from Councillor Buck Re: Leslie Street Underpasses Mr. Wehrenberg reviewed the years of planning involved for trails within Aurora that became part of the Official Plan in 1991. He noted that the Trails Master Plan was adopted and mapped out Town policy for all future trail planning and needed to be respected. Mr. Wehrenberg said that the Region was not including the necessary underpasses and that time was running out for Aurora to make this happen. Moved by Councillor Buck Seconded by Councillor Gaertner THAT the Procedural By-law be waived to extend the allotted time for the delegate. CARRIED Mr. Wehrenberg stated that, with the development along Leslie Street, there is the potential for 8,000 residents on the west side and 6,000 commercial establishments on the east side. He suggested that Aurora Council should request that the design for underpasses be included in the Region’s RFP process to determine actual costs in order to make a decision. Moved by Councillor Buck Seconded by Councillor Ballard THAT the comments of the delegate be received and referred to Item 11. CARRIED Moved by Councillor Buck Seconded by Councillor Humfryes THAT Item 11 be brought forward for discussion. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 11. Memorandum from Councillor Buck Re: Leslie Street Underpasses Moved by Councillor Buck Seconded by Councillor Humfryes THAT the Region be advised that a response has not been received for Aurora’s request for grade separations; and THAT a meeting be requested with the Region to discuss the Leslie Street reconstruction, and the St. John’s Sideroad and Leslie Street underpasses; and THAT staff provide a written report to Council. CARRIED Council Meeting Minutes Tuesday, September 13, 2011 Page 5 of 11 Moved by Councillor Pirri Seconded by Councillor Abel THAT the deferred Items from the last Council meeting be brought forward for discussion. CARRIED 2. Deferred from Council meeting of August 16, 2011 (Item 1) BBS11-007 – Private Property Parking Enforcement Moved by Councillor Thompson Seconded by Councillor Abel THAT Council receive report BBS11-007; and THAT the Mayor and Clerk be authorized to execute agreements, including any and all documents and ancillary agreements required to give effect to same, with third parties respecting enforcement of the Parking and Traffic By-law 4574-04.T on private property on behalf of the Town; and THAT upon execution of the agreement and all conditions being satisfied staff brings forward the necessary appointment by-laws for enactment. CARRIED 3. Deferred from Council meeting of August 16, 2011 (Item 2) CFS11-023 – Capital Projects Status & Closures Report as of June 30, 2011 Moved by Councillor Thompson Seconded by Councillor Gallo THAT report items 8, 9, 10, and 11 of Attachment #2 be returned to source. CARRIED Moved by Councillor Pirri Seconded by Councillor Gallo THAT Council receive report CFS11-023; and THAT the project closures and capital funding adjustments outlined in Attachments #1 and #2, and summarized in Attachment #3 be approved as amended. CARRIED 4. Deferred from Council meeting of August 16, 2011 (Item 3) IES11-032 – Water Audit Report for Town of Aurora Moved by Councillor Pirri Seconded by Councillor Abel THAT Council receive report IES11-032; and THAT the Town be an active participant in the York Region/Municipality water audit; and THAT the Town continue to investigate and implement best practices for water management. CARRIED Council Meeting Minutes Tuesday, September 13, 2011 Page 6 of 11 5. Deferred from Council meeting of August 16, 2011 (Item 16) PR11-032 – Sport Aurora – Trillium Application Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Council receive report PR11-032; and THAT Council support the application to the Ontario Trillium Foundation by Sport Aurora. CARRIED 6. Deferred from Council meeting of August 16, 2011 (Item 17) PR11-033 – Community and Cultural Grants Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Groups must be Aurora-based using the 80% membership formula. DEFEATED Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Council receive report PR11-033; and THAT Council approve the attached Policy and that $25,000.00 be approved from existing sources in the Operating Budget each year in support of the Community and Cultural Grant Program. CARRIED 7. Deferred from Council meeting of August 16, 2011 (Item 18) PR11-034 – Sponsorship of Third Party Events Moved by Councillor Thompson Seconded by Councillor Humfryes THAT this Item be referred back to staff. CARRIED 8. Deferred from Council meeting of August 16, 2011 (Item 22) PR11-038 – Reallocation of Capital Project Funds Moved by Councillor Buck Seconded by Councillor Abel THAT Council receive report PR11-038; and THAT Council authorize the reallocation of funds in Capital project No. 71058 Top Dresser to the Purchase of a Forestry Truck Mounted Body. CARRIED Council Meeting Minutes Tuesday, September 13, 2011 Page 7 of 11 10. Memorandum from Mayor Dawe Re: Communication from (OMWA) – Ontario Municipal Water Association Moved by Councillor Gaertner Seconded by Councillor Buck THAT Council receive the memorandum regarding Communication from (OMWA) – Ontario Municipal Water Association for information. CARRIED Moved by Councillor Abel Seconded by Councillor Ballard THAT Motion for Which Notice Has Been Given (e) be brought forward for discussion. CARRIED X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (ii) Motions for Which Notice Has Been Given (e) Councillor Buck Re: Museum Curator Position Terms of Reference Moved by Councillor Buck Seconded by Councillor Humfryes THAT the Procedural By-law be waived to extend the hour. CARRIED Moved by Councillor Buck Seconded by Councillor Abel WHEREAS funds have been provided in the 2011 budget for the position of Museum Curator; and WHEREAS the resource is required to re-establish museum services to develop the program and provide guidance and leadership to the volunteer community; and WHEREAS experience has shown such a service cannot depend upon the vagaries of a volunteer organization. NOW THEREFORE BE IT RESOLVED THAT the Director of Parks and Recreation Services, with experience in the field, be directed to prepare Terms of Reference for such a position and program for Council’s consideration. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo Council Meeting Minutes Tuesday, September 13, 2011 Page 8 of 11 Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the remaining Motions for Which Notice Has Been Given be brought forward for discussion. CARRIED (a) Councillor Gallo Re: Closed Session Pending List Moved by Councillor Gallo Seconded by Councillor Pirri WHEREAS Council and Committees of Council use a pending list; and WHEREAS it is good practice to track agenda items that are incomplete or require further information/action. NOW THEREFORE BE IT RESOLVED THAT Council adopt a pending list for all Closed Session meetings. CARRIED (b) Councillor Gaertner Re: Indemnification Policy Moved by Councillor Gaertner Seconded by Councillor Ballard WHEREAS the Town of Aurora has a duty to protect staff acting in good faith in their capacity as employees; and WHEREAS the Town also has a duty to protect the financial interests of taxpayers; and WHEREAS public concern has been expressed over mounting legal expenses. NOW THEREFORE BE IT RESOLVED THAT this Motion be referred to the General Committee meeting of October 4, 2011. CARRIED (c) Councillor Gaertner Re: Integrity Commissioner Moved by Councillor Gaertner Seconded by Councillor Ballard WHEREAS the Town of Aurora Council enacted, by By-law, a Council Code of Conduct on June 24, 2008; and WHEREAS the Code of Conduct and the complaint process that is to be followed is posted on the Town's website; and WHEREAS the Code and the complaint process requires the services of an Integrity Commissioner; and WHEREAS the Integrity Commissioner resigned on February 20, 2011; and Council Meeting Minutes Tuesday, September 13, 2011 Page 9 of 11 WHEREAS currently there is no Integrity Commissioner in place to receive and process any complaints in Aurora should one or more be received. NOW THEREFORE BE IT RESOLVED THAT Council direct the CAO to immediately commence the recruitment process by advertising for the services of an Integrity Commissioner; and FURTHER THAT the CAO report back to Council with the list of all candidates who respond and their proposals by September 6th, 2011; and FURTHER THAT the CAO's report also identify the appropriate funding sources for the Integrity Commissioner. On a recorded vote the motion was DEFEATED. NAYS: 7 YEAS: 2 VOTING NAYS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING YEAS: Councillors Ballard and Gaertner (d) Councillor Buck Re: Heritage Property Application Fees Moved by Councillor Buck Seconded by Councillor Humfryes WHEREAS heritage properties are suitable for adaptive re-use; and WHEREAS allowing adaptive re-use to modern business purposes is a stated policy of the Town. The practice is viewed as the best way to retain the heritage character of the Town; and WHEREAS such properties yield relatively small square footage of usable space yet application fees are sufficiently high to discourage application. NOW THEREFORE BE IT RESOLVED THAT a full report on application fees be prepared by staff and submitted to Council with the rationale for fees and possibilities for reducing fees to accomplish the Town’s stated objective of protecting and retaining heritage buildings in modern day uses. CARRIED Moved by Councillor Buck Seconded by Councillor Abel THAT the Procedural By-law be waived to further extend the hour. CARRIED (f) Councillor Buck Re: Sign By-law Variances Moved by Councillor Buck Seconded by Councillor Abel WHEREAS frequent variances are requested to the Town’s Sign By-law; and Council Meeting Minutes Tuesday, September 13, 2011 Page 10 of 11 WHEREAS the variances require a fee to be paid and man hours spent examining the variances, advising an applicant and visiting the location prior to staff recommending approval to Council; and WHEREAS Council members frequently have trouble visualizing sign variances from their place at the Council table, and understanding why a variance would be contemplated by the Town, and sometimes even refusing to grant a variance despite fees having been paid and on-site inspection made and approval recommended; and WHEREAS it would seem the party most concerned with suitability and cost of signage would be business owners and the investors the Town is most anxious to attract and is investing tax resources to that end. NOW THEREFORE BE IT RESOLVED THAT this Motion be referred to the Economic Development Advisory Committee for further input. CARRIED (g) Councillor Buck Re: Traffic Calming Methodology Moved by Councillor Buck Seconded by Councillor Abel WHEREAS during the recent election the inconvenience of the traffic calming methodology in the north-east quadrant was a strong concern in that neighbourhood; and WHEREAS the various impediments to safe movement of traffic have been in place for four years; and WHEREAS a sufficient period of time has passed to determine the effectiveness of the program and vice versa. NOW THEREFORE BE IT RESOLVED THAT staff provide a plan for review of the north-east traffic calming program and a method to obtain an accurate reading of the neighbourhood’s support for the program. CARRIED Moved by Councillor Pirri Seconded by Councillor Gallo THAT Item 1(3) (CLS11-013 – Council’s Procedural By-law) be deferred to the next Council meeting. CARRIED X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion None XI REGIONAL REPORT None Council Meeting Minutes Tuesday, September 13, 2011 Page 11 of 11 XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS None XIII CLOSED SESSION None 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: 5364-11 BEING A BY-LAW to appoint a Deputy Clerk and to delegate certain authority to the Deputy Clerk/Manager of Administration on behalf of the Town. CARRIED Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following listed confirming by-law be given first, second, and third readings, and enacted: 5362-11 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting 11-25 on September 13, 2011 CARRIED XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Abel THAT the meeting be adjourned at 11:05 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF SEPTEMBER 13, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON SEPTEMBER 27, 2011.