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AGENDA - Council - 20081125Aut�oizA COUNCIL MEETING AGENDA N0.08-30 TUESDAY, NOVEMBER 25, 2008 CLOSES SESSION - 6mmOO P.M. REGULAR MEETING -1:00 P.M. COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 21/11/08 AURORA TOWN OF AURORA COUNCIL MEETING AGENDA NO. 08-30 Tuesday, November 25, 2008 6:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST H APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved as presented. /if CLOSED SESSION THAT Council resolve into a Closed Session to consider the following matter: Labour Relations matter regarding identifiable individuals UPON CONCLUSION OF THE CLOSED SESSION, IF TIME PERMITS, THERE WILL BE A RECESS UNTIL 7:00 P.M. AT WHICH TIME THE REGULAR COUNCIL MEETING WILL BEGIN. Council Meeting No. 08-30 Page 2 of 6 Tuesday, November 25, 2008 IV OPEN FORUM V ADOPTION OF MINUTES Council Minutes of November 10, 2008, Meeting Number 08-29 pg. 1 RECOMMENDED: THAT the Council minutes of November 10, 2008, meeting number 08-29 be adopted as printed and circulated. VI PRESENTATIONS (a) Presentation of the Arts & Culture Awards VII PUBLIC SERVICE ANNOUNCEMENTS Vlll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION X DELEGATIONS a) Ms Melissa Spellen and Ms Ingrid LeClaire, pg. 11 Board Members -York Region Children's Aid Society Re: Information about the York Region Children's Aid Society b) Ms Leslie Woo, General Manager, Transportation Policy pg. 12 and Planning, Metrolinx Re: Update on the Draft Regional Transportation Plan and Draft Investment Strategy Related to Item 2 - PW08-046 XI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Xll REGIONAL REPORT Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 3 of 6 XIII NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS XIV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5090-08.D BEING A BY-LAW to amend By-law No. 2213- pg. 39 78, as amended, being the Zoning By-law of the Town of Aurora. (268 Kennedy Street West - File: D14-05-07) 5091-08.0 BEING A BY-LAW to confirm actions by Council pg. 43 Resulting from Council Meeting 08-30 on November 25, 2008. III CLOSED SESSION - Continued if necessary XVI ADJOURNMENT Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 4 of 6 AGENDA ITEMS 1. General Committee Meeting Minutes No. 08-38 pg. 13 Tuesday, November 18, 2008 RECOMMENDED: THAT the minutes of the General Committee Meeting No. 08-38 be received and the recommendations carried by the committee be approved. 2. PW08-046 — Metrolinx Update on Draft Regional Transportation Plan pg. 22 RECOMMENDED: THAT Council receive Report No. PW08-046 regarding the status of the Metrolinx Draft Regional Transportation Plan; and THAT Council receive staff comments of the Draft Regional Plan as submitted to Metrolinx on November 14, 2008, 3. Memorandum from the Director of Financial Services pg. 29 Re: 'Investing in Ontario Act 2008 RECOMMENDED: THAT the memorandum from the Director of Financial Services, regarding the Investing in Ontario Act 2008, be received for information. 4. Correspondence from the City of St. John's, Newfoundland pg. 34 His Worship Mayor Dennis O'Keefe Re: Prince of Wales Prize for Municipal Heritage Leadership 2008 Awarded by the Heritage Canada Foundation IC7Clore] i ih111C!►117Cl111 THAT the correspondence from His Worship Mayor Dennis O'Keefe of The City of St. John's, Newfoundland, be received for information. Council Meeting No. 08-30 Tuesday, November 25, 2008 Page 5 of 6 5. Adoption of Recommendations from Closed Session Meeting pg. 35 November 10, 2008 RECOMMENDED: THAT the recommendations from the Closed Session Meeting held on November 10, 2008 regarding the following matters be approved: 1. Property Matter — Stronach Aurora Recreation Centre Town — Bondfield - NORR Claim 2. Personal Matter — Appointment of Accessibility Committee Member THAT Mr. Tim Savage be appointed to fill the vacancy on the Accessibility Advisory Committee. 3. Legal Matter — Solicitor Opinion, Re: Code of Conduct 4. Legal Matter— Mediation Hearing, Re: Identifiable Individual 5. Labour Relations Matter — Re: Identifiable Individuals 6. Legal Matter — Bluegrass - Application for Judicial Review 6. Adoption of Recommendations from Closed Session Meeting pg. 36 November 18, 2008 RECOMMENDED: THAT the recommendations from the Closed Session Meeting held on November 18, 2008 regarding the following matters be approved: 1. Labour Relations Matter - CAO Recruitment 2. Labour Relations Matter - Integrity Commissioner Appointment THAT the Town retain the services of David Nitkin as the Town's Integrity Commissioner. Council Meeting No. 08-30 Page 6 of 6 Tuesday, November 25, 2008 7. Memorandum from the Acting Town Solicitor pg. 37 Re: Refusal by a Member of Council to Sign the Code of Conduct Governing Council Members RECOMMENDED: THAT the memorandum be received for information. COUNCIL - NOVEMBER 25y 2008 Council Minutes 08-29 - 1 Auk TOWN OF AURORA COUNCIL MEETING MINUTES NO. 08-29 Council Chambers Aurora Town Hall Monday, November 10, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Serviceslrreasurer and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:00 p.m. DECLARATIONS OF PECUNIARY INTEREST Councillor McRoberts declared an interest in item 2(5) - PW08-043 - Northeast Quadrant Traffic Calming - Post -Implementation Monitoring Report due to his residence being within the northeast quadrant, and did not take part in, or vote on any questions in this regard or attempt in any way to influence the voting on such questions. Councillor Collins-Mrakas declared an interest in Items 7, 8(1), 8(4) and Closed sesslon item t .- pertaining to the Stronach Aurora Recreation Centre due to her spouse's business affiliation with Bondfield Construction. II APPROVAL OFAGENDA Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the agenda as circulated by the Corporate Services Department be approved. CARRIED - 1 - COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 2 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 2 of 10 The Director of Corporate Services advised that a request for deferral of By-law 5080- 08.R has been submitted and should therefore be deferred. Bob Panizza, Director of Corporate Services, introduced Ms Lucille King, the new Director of Corporate ServicesfTown Clerk who was in attendance for her first time at this meeting, to the Members of Council. Ill . OPEN FORUM No one spoke during Open Forum. IV ADOPTION OF MINUTES Council Meeting Minutes of October 23, 2008 Meeting Number 08.28 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Council minutes of October 28, 2008, meeting number 08-28 be adopted as printed and circulated. CARRIED V PRESENTATIONS None VI PUBLIC SERVICE ANNOUNCEMENTS Councillor McRoberts advised that Aurora's "Santa Under the Stars" Parade will be taking place on November 22, 2008 at 6:00 p.m. Councillor McRoberts advised that the Annual Salvation Army Christmas Kettle Drive is starting up for this season and people who are Interested In volunteering their time to assist with the Kettles may contact the Info Aurora Desk at the Town Hall. Councillor Granger announced that the Aurora Christmas Dream Kick-off Party will be taking place at Jonathon's Restaurant on Thursday, November 20, 2008. Councillor Granger advised that the party will be featuring the live music of George St. Kitts and the Motown Boys, and funds raised will be put toward the Aurora Christmas Dream as well as the Aurora Food Pantry, Welcoming Arms and the Salvation Army. Mayor Morris advised that there will be a flu -shot clinic taking place on Thursday, November 13, 2008 at the Seniors' Centre beginning at 1:00 p.m. Mayor Morris advised that The Aurora Seniors' Centre will be holding their annual Christmas Bazaar on Saturday, November 29. 2008. VIl DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2(4), 2(5), 4, 7 and 8 were identified for discussion. -2- COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 3 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 3 of 10 VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson. Seconded by Councillor MacEachern 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: Special General Committee Meeting Report No. 08-36 Monday, October 27, 2008 THAT the report of the Special General Committee Meeting No. 08-36 be received and the recommendations carried by the committee be approved. 3. PL08-119 — Zoning By-law Amendment Application Vinder Holdings Inc. 15196 Leslie Street Part of Lot.20, Concession 3, E,Y.S. File D14-04.08 'THAT Council receive as information the following overview of Zoning By- law Amendment application D14-04-08 scheduled for a Public Planning Meeting to be held on December 17, 2008. 6. Correspondence from the Town of Bradford West Gwillimbury Re: Natural Gas Fired Power Generating Facility THAT the correspondence from the Town of Bradford West Gwillimbury, regarding Natural Gas Fired Power Generating Facility, be received for information. 6. Correspondence from the Town of East Gwillimbury Re: Request to the Provincial and Federal Governments for Increased Funding for Municipal Roads and Bridges THAT the correspondence from the Town of East Gwillimbury, regarding Request to the Provincial and Federal Governments for Increased Funding for Municipal Roads and Bridges, be received and endorsed. CARRIED IX DELEGATIONS a) Two Students from Lester B. Pearson Public School and Two Students from Regency Acres Public School Re: Winning Essays from Local Government Week Mayor Morris; on behalf of Aurora Town Council, thanked Ms Norma Moffitt, teacher at Regency Acres Public School and Ms Brigid Duggan, teacher at Lester B. Pearson Public School, for their participation in the Town of Aurora's 2008 Local Government Week Essay Contest. Each of the teachers was presented with a framed certificate of appreciation from the Mayor and Town Council. -3- COUNCIL - NOVEMBER 255 2008 Council Minutes 08-29 - 4 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 4 of 10 Mayor Morris advised that there were many entries submitted and it was a genuine challenge for the judges to determine winners among so many superb essays. Mayor Morris announced and congratulated the four winning students, Sarah Carmosino and Graham Wilson of Regency Acres Public School and Megan Howe and Marley Delmas of Lester B. Pearson. Each of the students read their essay to Members of Council, and were presented with a gift bag from the Mayor and Council. Moved by Councillor Collin-Mrakas. Seconded by Councillor McRoberts THAT the delegates' speeches be received for information. CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2, General Committee Meeting Report No. 08-37 Tuesday, November 4, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING Nq OS-37 TUESDAY NOVEMBER4 2008 (4) FS08-049 — Church Street School Cultural Centre Payment to Aurora Historical Society - THAT report FS08-049 be received; and THAT Council approve the payment of $10,000 to the Aurora Historical Society for services performed by the Aurora Historical Society staff. On a recorded vote the motion was CARRIED. YEAS:8 NAYS:1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck _ Councillor McRoberts, having previously declared an interest in item 2(5); did not take part in the discussion or the vote called for in this regard. (5) PW08-043 — Northeast Quadrant Traffic Calming Post -Implementation Monitoring Report Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT pages 23 to 27 from report PW08-043 - Appendix "A" - Northeast Quadrant Post -Implementation Monitoring Report, Dillon Consulting limited, October 2008. be posted on the Town'swebsite. -4- COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 5 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 5 of 10 On a recorded vote the motion was CARRIED. YEAS:7 NAYS:1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, Wilson and. Mayor Morris VOTING NAYS: Councillor Buck Councillor McRoberts abstained from voting. Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT report PWOB-043 be received; and THAT the recommendations of the Post -Implementation Monitoring Report be referred to a Traffic Safety Advisory Committee meeting. On a recorded vote the motion was CARRIED. YEAS:7 NAYS:1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Councillor McRoberts abstained from voting. Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT staff be directed to proceed with the installation of speed cushions on Mark Street, as recommended in the report. On a recorded vote the motion was CARRIED. YEA& 6 NAYS:2 VOTING YEAS: Councillors Gaertner, Gallo, Granger, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillors Buck and Collins-Mrakas Councillor McRoberts abstained from voting. Moved by Councillor McRoberts Seconded by Councillor Gallo THAT the balance of the report of the General Committee Meeting No. 08- 37 be received and the recommendations carried by the committee be approved. CARRIED -5- COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 6 Minutes of Council Meeting No. 08-29 . Monday, November 10, 2008 Page 6 of 10 4. Memorandum from the Director of Planning and Development Re: Additional Information Pertaining to Report PL08-116 -Zoning By-law Amendment Application Removal of (H) Holding Provision Ridgewood Developments Inc. 180.John West Way Part Lot 82, Concession 1 EYS, Parts 1 and 2, 6511-28582 File Number: D14.17-08 Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Council enact By-law 508E-08.D to remove the Holding (H) provision to allow the subject lands to be developed for a residential apartment building. CARRIED Councillor Collins-Mrakas, having previously declared an interest in item 7, did not take part in the discussion or the vote called for in this regard. 7. Memorandum from the Director of Corporate Services Re: Stronach Aurora Recreation Centre Authorization of Payment for Bulkhead Repairs MovedbyCounciflorMacEachern Seconded by Councillor McRoberts THAT the memorandum from the Director of Corporate Services, regarding authorization of payment for bulkhead repairs at the Stronach Aurora Recreation Centre, be received. for information. CARRIED Councillor Collins-Mrakas, having previously declared an interest in item 8(1) and 8(4), did not take part in the discussion or the vote called for In this regard. 8. Adoption of Recommendations from Closed Session Meeting of October 28, 2008 Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the recommendations from the Closed Session Meeting held on October 28, 2008 regarding, the following matters be approved: Property Matter — Stronach Aurora Recreation Centre Payment of Bulkhead Repairs THAT the Director of Corporate Services be directed to place the memo regarding the payment of bulkhead repairs at the Stronach Aurora Recreation Centre on the next Council agenda. Property Matter — Memo from Councillor Collins-Mrakas Regarding Stronach Aurora Recreation Centre Payment of Bulkhead Repairs CARRIED -6- COUNCIL NOVEMBER 25, 2008 Council Minutes 08-29 - 7 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 7 of 10 Moved by Councillor Gallo Seconded by Councillor McRoberts THAT the recommendation from the Closed Session Meeting held on October 28, 2008 regarding the following matter be approved: Labour Relations Matter— Job Evaluation Process On a recorded vote the motion was CARRIED, YEAS:8 NAYS:1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Moved by Councillor Collins-Mrakas Secondedby Councillor McRoberts THAT the recommendations from the Closed Session Meeting held on October 28, 2008 regarding the following matter be approved: Legal Matter Solicitor Opinion Regarding Telephone Logs THAT the Director of Corporate Services be requested to place the following statement on the next Council agenda: During this term of Council it was discovered that the former Mayor monitored the telephone logs that listed all incoming and outgoing calls made to/from each member of Council for the period from September 2004 to October 31; 2006; Since that time however, a policy has been adopted by Council to ensure such occurrence is not repeated. On a recorded vote the motion was CARRIED. YEAS:8 NAYS:1 VOTING YEAS: . Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Moved by Councillor Wilson Seconded by Councillor Granger THAT the recommendation from the Closed Session Meeting held on October 28, 2008 regarding the following matter be approved: Personal Matter— Regarding an Identifiable Individual CARRIED -7- COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 8 Minutes of Council Meeting No. 08.29 Monday, November 10, 2008 Page 8 of 10 XI REGIONAL REPORT Mayor Morris advised that there has been some public concern that the Town of Aumra may have refused the Region of York from providing an information meeting in Aurora regarding the Planning for Tomorrow - Places to Grow initiative. Mayor Morris advised that she had spoken to Regional -staff who confirmed that the Town of Aurora was simply not one of the four "Regional Growth Centres' as identified by the Region and therefore was not among the four municipalities where these public information sessions were held, and that a letter which was requested by Mayor Morris was by the Region to that effect. Mayor Morris advised that the Region has begun its budget process for 2009. Mayor Morris advised that the Region has planned an upcoming Education Workshop to address the issue of municipal representation at the Regional Council meetings. Xll NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS Councillor Collins-Mrakas expressed her thanks to the families who have donated 3 bags full of hats, scarves and mittens for the 'Warm Hearts Warming Hands" initiative and she advised that the kits are made up and will be donated to Aurora's elementary schools in late November and early December. Councillor Collins-Mrakas invited her fellow Councillors to join In and help distribute the kits to the schools. Councillor Collins-Mrakas thanked Shelley Ware, Special Events Coordinator for all of her assistance with the collection of donations for the "Warm Hearts Warming Hands" initiative. Mayor Morris provided an update of the current status of the Ontario Power Authority's power plant project. Mayor Morris advised that there are six sites currently being considered by the Ontario Power Authority, for a natural gas fired power peaking plant. Mayor Morris advised that none of the six sites under consideration are located within the Town of Aurora. . Mayor Morris advised that the Town of Aurora has received a response from the Region with regard to the Town's position on the power generation issue, and suggested that this letter be placed on the next General Committee Agenda. Councillor Granger inquired about the file closure process for the Northland Power application regarding the Ontario Hydro - power peaking plant proposal. The Director of Planning and Development advised that, in light of the fact that Northland Power Inc, has not submitted a proposal for a peaking generation facility to the Ontario Power Authority (OPA) for the Bloomington site in Aurora for consideration, the planning applications would likely be withdrawn by the applicant and closed. -8- COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 9 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 9 of 10 Xlll READING OFBY-HAWS Moved by CouncillorMacEachern Seconded by Councillor Gallo THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5050-08.R BEING A. BY-LAW to designate a certain property as being of Historical and/or Architectural Value or Interest "The De La Hays House", 40 Wells Street. 5051-08.R BEING A BY-LAW to designate a certain property as being of Historical and/or Architectural Value or Interest "The Eleanor and Ernest Robinson House", 96 Wells Street. 5052-08.R BEING A BY-LAW to designate a certain property as being of Historical and/or Architectural Value or Interest "The George Russell House", 42 Temperance Street. , 5053-08.R BEING A BY-LAW to designate a certain property as being of Historical an&or Architectural Value or Interest "The Blacksmith's Tree", 15260 Yonge Street, 5078-08.R BEING A BY-LAW to designate a certain property as being of Historical and/or Architectural Value or Interest "The Benjamin Willis House", 80 George Street. 5079-D8.R . BEING A BY-LAW to designate a certain property as being - of Historical and/or Architectural Value or Interest "The Morley Andrews House", 92 Wells Street. - 5081-08.R BEING A BY-LAW to designate a certain property as being . - of Historical and/or Architectural Value or Interest "Victoria Hall" also known as "The Disciples of Christ Church" 27 Mosley Street 5082-08.R BEING A BY-LAW to designate a certain property as being ' of Historical and/or Architectural Value or Interest "Alloa Lea", 100 Old Yonge Street. 5088-08.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (Part of Lot 82, Con 1, E.Y.S., Parts 1 and 2, 65R-28582) D14-17-08 (Ridgewood) 5089-08.H BEING A BY-LAW to appoint Lucille King as the Town Clerk and to establish the duties and responsibilities of the Town Clerk 5091-08.0 BEING A BY-LAW to confirm actions by Council resulting from meeting 08-29 on Monday, November 10, 2008 CARRIED -9- COUNCIL - NOVEMBER 25, 2008 Council Minutes 08-29 - 10 Minutes of Council Meeting No. 08-29 Monday, November 10, 2008 Page 10 of 10 Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the following by-law be deferred to the next meeting of Council. 5080-08.R BEING A BY-LAW to designate a certain property as being of Historical and/or Architectural Value or Interest "The Babcock House", 144 Wellington Street. -- CARRIED XIV CLOSED SESSION AGENDA Moved by Councillor MacEachern Seconded by Councillor Wilson THAT Council resolve into a Closed Session to consider: 1. Property Matter .— StronaO Aurora Recreation Centre Town — Bondfield - NORR Claim 2. Personal Matter —Appointment of Accessibility Committee Member 3. Legal Matter --Solicitor Opinion Regarding Code of Conduct 4, Legal Matter — Mediation Hearing Regarding Identifiable Individual 5. Labour Relations Matter —Regarding Identifiable Individuals 6. Legal Matter— Bluegrass - Application for Judicial Review CARRIED XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 9:40 p.m. CARRIED PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK -10- COUNCIL - NOVEMBER 25, 2008 Delegation a.- 1 Eastwood, Carrie To: Eastwood, Carrie Subject: FW: Aurora - Delegation Request Form Name = Melissa SpelIen EmailAddress = melissa.spellen Meeting Date = Council Town =Aurora Subject = York Region Children'sAid Society Presentation GroupRepresented = York Region Children's Aid Society As Board members of the York Region Children's Aid Society, Ingrid LeClaire and myself, both residents of Aurora, would like the opportunity to make a short presentation intended to raise awareness and provide some information on the Children's Aid Society. COUNCIL - NOVEMBER 25, 2008 Delegation b - 1 From: Fran Agnew[mailto:Fran.Agrnew@metrolinx.com] Sent: Friday, November 21, 2008 10:41 AM To: Clarke, Ann Subject: RE: Confirmation of Council presentation Good morning, Ann -1 actually have an update this morning. Rob will not be able to present to the Council on Monday, however our General Manager, Transportation Policy and Planning, Leslie Woo will be able to give the Aurora Council an update on the Regional Transportation Plan. If that is ok at your end we will proceed with that plan and I will have the slide presentation forwarded to the clerks department. The presentation is quite large and we often find that it will not email. We can send a pdf of the presentation, which will allow the clerks department to see the content, however because of some of ]he animation, the pdf can not be substituted for the PowerPoint document at the time of the presentation. Leslie will bring the presentation on a usb stick when she comes. Sorry about the last minute substitution, however Leslie is also an excellent speaker and has been the primary person responsible for the development of the transportation plan. Let me know if this works for you. Fran -12- COUNCIL - NOVEMBER 25, 2008 ITEM # 1 -' AUuo" TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 08-38 Council Chambers Aurora Town Hall Tuesday, November 18, 2008 ATTENDANCE COMMITTEE MEMBERS Councillor Granger in the Chair; Mayor Morris, Councillors Buck (arrived at 7:07 p.m. and left at 10:35 p.m.), Collins-Mrakas, Gaertner (arrived at 7:05 p.m.), Gallo, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Acting Chief Administrative Officer, Director of Corporate Servicesfrown Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/Treasurer, and Council/Committee Secretary Counciflor Granger called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 11 APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: F Delegation b) — Mr. Charles Sequeira, Seniors' Association Re: Item 7 - PW08-047 — Implementation of a Snow Windrow Clearing Program for Seniors and Physically Challenged Residents Delegation c) — Mr, Terry Redvers Re: Item 8 - ADM08-018 — Aurora Sports Dome — Permit Fees ➢ New Item 17 - FS08-053 —Building Canada Fund Closed Session: Labour Relations Matter— CAO Recruitment Labour Relations Matter— Integrity Commissioner Appointment CARRIED -13- COUNCIL - NOVEMBER 25, 2008 ITEM # 1 - 2 General Committee Report No. 08-38 Tuesday, November 18, 2008 Page 2 of 9 III ADOPTION OF PREVIOUS MINUTES Special General Committee Meeting Minutes, 08-36, October 27, 2008 General Committee recommends: THAT the Special General Committee Meeting minutes 08-36 be adopted.. W-ITRRAX General Committee Meeting Minutes, 08-37, November 4, 2008 THAT the General Committee Meeting minutes 08-37 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3, 7, 8, 9, 10, 11, 13, 16 and 17 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends; THAT the following recommendations. respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to some: 1. ART08.08 -Arts and Culture Advisory Committee Meeting Minutes .October 30, 2008 THAT the Arts and Culture Advisory Committee Meeting minutes from the October 20, 2006 meeting be received and the recommendations contained therein be approved. 2. AAC08-05- Accessibility Advisory Committee Meeting Minutes November 5, 2008 THAT the Accessibility Advisory Committee Meeting minutes from the November 5, 2008 meeting be received and the recommendations contained therein be approved. 4. Central York Fire Services - Joint Council Committee Meeting Minutes September 16, 2008 and October 21, 2008 THAT the Central York Fire Services - Joint Council Committee meeting minutes from September 16, 2008 and October 21, 2008 be received for . information. - 14- COUNCIL - NOVEMBER 25, 2008 ITEM # 1 - 3 General Committee Report No. 08-38 Tuesday, November 18, 2008 Page 3 of 9 5. PLOB-120—Application to Amend the Zoning By-law Robert Delcourt and Rut Chan Lin 268 Kennedy Street West Part Lot 79, Concession 1 King, Part 4, 65R-27428 File D14-06-07 Related Consent File D10-(04-05)-07 THAT report PL08-120 be received as Information; and THAT servicing allocation for two (2) residential infill building lots be provided to the subject application from the core area infill assignment; and THAT Council enact implementing Zoning By-law 5090-08.1) related to the Zoning By-law Amendment Application for Robert Delcourt and Rui Chan Lin (File D14-05-07). 6. PWOB-045 — York Region Transit— Annual Service Plan — 2009 Draft Report THAT Council receive report PWOB-045 for information regarding York Region Transit Annual Service Plan 2009 Draft Report; and THAT Council request York Region Transit to address the comments of this report. 12. C808-042— Council Pending List THAT report GS08-042 — Council Pending List be received for information. 14. FS08-050 — Cancellation, Reduction or Refund of Property Taxes under Section 357 of the Municipal Act THAT the property taxes in the amount of $36,371.61 be adjusted In accordance with Section 357 of the Municipal Act, 2001 S.O. 2001 c. 25, as emended, of which the Town of Aurora's share totals $10,148.42; and THAT the associated interest, if applicable, be cancelled in proportion to the property taxes adjusted, and THAT the Director of Finance/Treasurer be directed to adjust the Collector's Roll to reflect these property tax Adjustments. 15. Correspondence from York Region Re: Town of Aurora's Enquiry on the Region's Information Report on Proposed Sites for Private Electric Power Generation THAT the correspondence from York Region regarding the Town of Aurora's enquiry on the Region's information report on proposed sites for private electric power generation be received for information. CARRIED -15- COUNCIL -. NOVEMBER 25, 2008 ITEM # 1 - 4 General Committee Report No. 08-38 - Tuesday, November 18, 2008 Page 4 of 9 VI DELEGATIONS a) Mr. Vino Jeyapalan, CEO and Founder, Youth Environmental Network of York Region Re: Item 3 (Delegation ) - Ecological Action Conference Mr. Vino Jeyapalan addressed General Committee to request support from the Town of Aurora for an Ecological Action Conference. Mr. Jeyapalan advised that the conference would run from 9:00 a.m. until 3:30 p.m. on April 1, 2009 and that Council Chambers would be required In order to hold approximately 200 people for the keynote session, as well as several other meeting rooms for other sessions. Mr. Jeyapalan requested financial support in the amount of $3,723.50 in order to cover catering, promotional materials and other sundry items. Also, Mr. Jeyapalan advised that the fee for Ms Severen Suzuki, the keynote speaker, would be covered by PowerStream. General Committee recommends: THAT the comments of the delegate be received. CARRIED General Committee recommends: THAT Item 3 be brought forward for discusslon. CARRIED 3. EAC08-05 — Environmental Advisory Committee Meeting Minutes November 6, 2008 - -_ -- - - - - _-General Committee recommends: THAT the matter pertaining to an Ecological Action Conference be referred to the Environmental Advisory Committee to decide whether this initiative, in the amount of $3,723.50, should be funded from that committee's budget CARRIED General Committee recommends: THAT the balance of the Environmental Advisory Committee Meeting minutes from the November 6, 2008 meeting be received and the recommendations contained therein be approved. CARRIED (b) Mr. Charles Sequeira, Seniors' Association Re: Item 7 — PW08-047 — Implementation of a Snow Windrow Clearing Program for Seniors and Physically Challenged Residents (Added Item) Mr. Charles Sequeira addressed General Committee to request that the proposed snow windrow clearing program be provided at no cost to eligible residents. Mr. Sequeira indicated that, since the snow windrows are created by Town vehicles, the removal of them should be the Town's responsibility. Mr. Sequeira also advised that many municipalities in York Region offer this service at no charge to eligible residents. -16- COUNCIL NOVEMBER 25, 2008 ITEM # 1 - 5 General Committee Report No.08-38 Tuesday, November 1,8, 2008 Page 5 of 9 - General Committee recommends: THAT the comments of the delegate be received and referred to item 7 on the agenda. CARRIED UNANIMOUSLY General Committee recommends: THAT item 7 be brought forward for discussion. CARRIED 7. PW08-047 — Implementation of a Snow Windrow Clearing Program for Seniors'and Physically Challenged Residents General Committee recommends: THAT the _Town of Aurora provide the snow windrow clearing program al full cost recovery for $70 per household; and THAT Council direct staff to report back In the Spring of 2009 on the programs successes and challenges; and THAT, when the program is reviewed in the Spring of 2009, the options of outsourcing the entireprogram to an external contractor with no Town involvement, and delivering the program through a tendering process, be considered; and THAT staff be directed to review the 40 "hotspots" indentified; and THAT windrow clearing requests from residents be referred to Neighbourhood Network for volunteer services; and THAT local high school students be encouraged to fulfill their volunteer requirements through offering windrow clearing to seniors. General Committee considered the following amendment: THAT the Director of Public Works send a letter to all local high school principals, requesting that a program be set up for students to offer windrow clearing in order to fulfill volunteer requirements. CARRIED The main recommendation was CARRIED AS AMENDED. (c) Mr. Terry Redvers, President, Aurora Sports Dome Re: Item 8 — ADM08-018 — Aurora Sports Dome — Permit Fees (Added item) Mr. Terry Redvers addressed General Committee to provide a chronology pertaining to the establishment of the tri-party agreement between the Town of Aurora, the Aurora Youth Soccer Club and the Aurora Sports Dome, and subsequent events. Mr. Redvers advised that the agreement indicated the Town of Aurora would waive all fees, charges and taxes for the Aurora Sports Dome. Mr. Redvers was subsequently requested to pay $32,000 in building permit fees, which he expected to be returned to him as per the agreement, and for which he is still waiting. -17- COUNCIL- NOVEMBER 25, 2008 General Committee Report No. 08-38 Tuesday, November 18, 2008 Page 8 of 9 General Committee recommends: THAT the comments of the delegate be received. CARRIED General Committee recommends: THAT item 8 be brought forward for discussion. CARRIED 8. . ADM08.018 —Aurora Sports Dome — Permit Fees General Committee recommends: ITEM # 1 - i THAT report ADM08-018 regarding the Aurora Sports Dome — Permit Fees be received for information; and THAT the Town of Aurora provide a full reimbursement of the building permit fees to the Aurora Sports Dome of $32,155; and THAT all necessary steps be taken to facilitate the payment. General Committee considered the following amendment: THAT, if legally permitted, the Director of Finance be directed to take the funds for compensation from the Building Reserve Fund. CARRIED The main recommendation was CARRIED AS AMENDED. Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 9. FS08-052 — Update of the AMOILAS Electricity Program General Committee recommends: THAT report "Update of the AMC/LAS Electricity Program" be received for information; and THAT Council reconfirm our position to join the AMO/LAS Electricity Program. CARRIED - 18- COUNCIL - NOVEMBER 25, 2008 General Committee Report No. 08-38 Tuesday, November 18, 2008 Page 7 of 9 ITEM # 1 - 10. LS08-049 —Leisure Services Corporate Sponsorship Revenue Reserve Fund General Committee recommends: THAT Council approve a reserve fund for all Leisure Services corporate sponsorship dollars raised annually by the department; and THAT all excess funds beyond the annual budget target be placed in the reserve; and THAT. all deficit funding below the annual budget target be provided from the reserve. CARRIED UNANIMOUSLY General Committee recommends: THAT item 13 be brought forward for discussion. CARRIED 13. BA08-009 — CSI Aurora — Survey Results and Customer Service Models General Committee recommends; THAT Council receive report BA08-009 as background information on the Customer Service Initiative, CSI Aurora; and THAT report BA08-009 be referred to a Special General Committee meeting to be scheduled for Monday, December 15, 2008 to discuss Customer Service for the Town. CARRIED 11. LSOB-050 — Energy Management Retro-fits Aurora Community Centre General Committee recommends: THAT Council award the contract for Arena Ice Plant Energy Management Retro-fits at the Aurora Community Centre to CIMCO Refrigeration in the amount of $61,501.00, excluding GST. CARRIED UNANIMOUSLY 16. LS08-048 — Alternative Ground Covers for Municipal Boulevards (deferred from November4, 2009 General Committee) General Committee recommends; THAT the General Committee receive report LS08-048 as information; and THAT the General Committee refer this report to the Environmental Advisory Committee for their consideration; and - 19- COUNCIL - NOVEMBER 25, 2008 ITEM # 1 - 8 General Committee Report No. 08-38 Tuesday, November 18, 2008 Page 8 of 9 THAT the General Committee direct staff to report back to Council regarding the development of a small scale test trial program of alternative ground covers on municipal boulevards. CARRIED UNANIMOUSLY General Committee recommends: THAT meeting be extended until 11:00 p.m. CARRIED 17. FS08-053— Building Canada Fund (Added item) General Committee recommends: THAT the Town of Aurora approve the application for a Building Canada Fund Grant in the amount of $4,840,000 for Wastewater Infrastructure Rehabilitation; and THAT the Towns one third share of the funding come from the Water/Sewer Obligatory Reserve Fund. CARRIED. General Committee recommends: THAT meeting be extended until 11:15 p.m. CARRIED IX NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Mayor Morris advised that the Town of Aurora received a letter from the Ministry of Finance and Ministry of Revenue advising that the Town has received a capital grant in the amount of $1,716,413. Councillor Gaertner inquired about point #11 in the agreement between the Town of Aurora and the Aurora Sports Dome with respect to who would be responsible for the supply and installation of air conditioning, to which the Director of Leisure Services responded that it would be the Town of Aurora's expense. Councillor Granger requested an update pertaining to sponsorship for the Stronach Aurora Recreation Centre, to which the Director of Leisure Services responded that Spirit Aurora indicated its dissatisfaction with Council's.decision to alter the appearance of the plaques which would recognize sponsors. The Director advised that he has requested written confirmation from Spirit Aurora that they are no longer interested in participating, but that this has not yet been received by the Town and therefore, the sponsors have not yet been contacted with an update. Mayor Morris requested that the Director of Leisure Services provide a memorandum outlining the circumstances. -20- COUNCIL NOVEMBER 25, 2008 ITEM # 1 - 9 General Committee Report No. 08-38 Tuesday, November 18, 2008 Page 9 of 9 X CLOSED SESSION Labour Relations Matters (Added Item) General Committee recommends: THAT General Committee resolve into a Closed Session to consider: - Labour Relations Matter — CAD Recruitment - Labour Relations Matter — Integrity Commissioner Appointment CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 11:00 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-38 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, NOVEMBER25, 2008. -21- COUNCIL - NOVEMBER 25, 2008 ITEM # 2 AUIZOR,A, TOWN OF AURORA COUNCIL REPORT No. PW08-046 SUBJECT: Metrolinx Update on Draft Regional Transportation Plan FROM: I. Simanovskis, Director of Public Works DATE:. November 25, 2008 RECOMMENDATIONS THAT Council receive Report No. PW08-046 regarding, the status of the Metrolinx Draft Regional Transportation Plan; and THAT Council receive staff comments of the Draft Regional Plan as submitted to Metrolinx on November 14, 2008. BACKGROUND Report No. PW08-031 — Status Update on the Regional Transportation Plan for the Greater Toronto and Hamilton area — Prepared by Metrolinx, was submitted to Council on July 15, 2008. Metrolinx has progressed along their work plan and released their Draft Regional Transportation Plan and Investment Strategy. COMMENTS Transportation Vision of the Future The draft plan outlines a vision of the future in which transportation becomes a seamless, efficient, convenient, equitable and user centred. The major themes on realizing this vision include: • Reduce demands on the transportation system by minimizing unnecessary travel, shortening travel distances and optimizing existing travel options; • Increase choices of travel by providing a range of fully integrated, easily accessible, attractive and sustainable modes of transit to encourage public transit and reduce reliance on the automobile; • Meet the needs of the traveller first by providing customers with the information, tools and services they need to make travel easy; • Build communities that make travelling easierthrough reduced travel distances and providing alternate pedestrian, cycling and transit uses; • Commit to continuous improvement through better customer understanding, technology improvements, universal access and sustainable investment. -22- COUNCIL - NOVEMBER 25, 2008 ITEM# 2-2 November 25. 2008 .2. Report No. PW08-046 These themes are supported by staff and have been demonstrated through many Town programs and initiatives both at the local level and through partnership with the Region. Continued support in these areas promise to further advance public transportation in the future: Goals of the Regional Transportation Plan Progress in delivering a transportation system will be guided by the following goals: A. Having transportation choices B. Creating comfort and convenience C. Promoting active and healthy lifestyles D. Creating safe and secure mobility E. Fairness and transparency F. Reducing carbon footprint G. Reducing dependence on non-renewable. H. Cornerstone of an attractive and well planned region I. Promoting prosperity and competitiveness J. Creating multi -modal integration K. Creating interconnectedness L. Being efficient and effective M. Becoming fiscally sustainable Staff support these goals as they will directly benefit the commuters who live and work in the Town as well as those who travel through and beyond our borders. Three Step Implementation Plan Metrolinx is proposing a three step implementation plan consisting of quick wins, 15 year priority investments and the 25 year investments. Projects that will directly benefit Aurora commuters in these three phases are as follows: Quick Wins Early phases of the VIVA Yonge Street branch have been identified as a quick win. This project has been identified as a quick win as the Region has been moving forward with this project and it is well underway. The environmental assessments are nearing completion and will be circulated for comment In the near future. Although the section of VIVAthrough Aurora is not planned until 2013, dedicated lane service proposed on this route will benefit all commuters by reducing travel times. 15 Year Horizon The initiatives planned for the 15 year horizon that will benefit the.Town of Aurora include: - 23 - COUNCIL - NOVEMBER 25, 2008 ITEM # 2 -w November 26, 2008 - 3 . Report No. PW08-046 • Increase on GO Transit service to full day, two way service all the way to Bradford. • Extension of the Richmond Hill .GO Transit line to Bloomington Road (near 404). These improvements in service will directly benefit all GO Transit commuters both through increased service availability and alternate station access points. 25 Year Horizon This planning period is proposing the further extension of the Richmond Hill Go Transit line from Bloomington Road to Aurora Sideroad resulting in further access to this vital mode of transit. Implications of the Plan on the Town of Aurora The regional transportation plan will result in a net benefit to the Town if timely progress is made both in the capital infrastructure projects proposed as well as in the implementation of the 15 strategic directions identified in the plan: Both components are critical in delivering a successful public transit system that will service the Region effectively. The benefits to the Town will increase as transit options for commuters originating outside of the community improve. Additional information on the Metrolinx plan can be found at www.metrolinx.com. OPTIONS 1. As recommended in this report. FINANCIAL IMPLICATIONS None. CONCLUSIONS Metorlinx has been charged with the role of planning long range transportation for the Greater Toronto and Hamilton area. The Draft Regional Transportation Plan outlines a 25 year program for delivering key regional infrastructure and policies towards creating a world class transit system. The Town of Aurora will directly benefit from several.of these projects at the local level as well as regional benefits for those residents that require convenient access to regional destinations. -24- COUNCIL - NOVEMBER 25, 2008 ITEM # 2 -; November 25, 2008 - 4 - Report No. PW08-046 LINK TO STRATEGIC PLAN Goal A: Foster and enhance a strong and stable economy consistent with the attributes of a sustainable community. Goal C: Promote a healthy environment that fosters social and physical well being ATTACHMENTS • Appendix "A" - Map entitled 15 Year Plan" Appendix "B" - Map entitled "25 Year Plan" • Appendix "C" —Town Comments to Metrolinx PRE -SUBMISSION REVIEW Management Team Meeting - November 12, 2008 l.-r. Sim novskis Director of Public Works -25-. :R 253, 2008 APPENDIX "A" VEMBER 25, 2008 6 APPENDIX "B" COUNCIL - NOVEMBER 25, 2008 ITEM# 2-7 APPENDIX ``& AV wo..JA1A YowY'& 4q,&ed cocttpa y November 14, 2008 Metrolinx 20 Bay Street, Suite 901 Toronto, ON M5J 2N8 Public Works Department LA. Simanovskis 905-727-3123 ext 4371 Isimanovskis@e-aurora.ca Town of Aurora 1 Municipal Drive, Box 1000, Aurora. ON L4G 6,11 RE: Comments on the Draft Regional Transportation Plan and Investment Strategy This is in response to a letter received October 6, 2008 requesting comments on the Draft Regional Transportation Plan and Investment Strategy. Aurora is located in the heart of York Region along one of the busiest north south corridors in the GTA. As such local commerce and community living is directly impacted by commuters coming from, or traveling to areas outside the Town. This can be both beneficial to the economy and the community as well as a burden. The Region Transportation Plan is a well developed consolidated regional plan that integrates regional commuter needs and we are in support of the initiative. It is also Important to note that all of, the projects currently identified by York Region that directly influence the Town have been adequately identified and prioritised. There is a need for additional detail both in the capital delivery implementation plan and in delivering on the non capital strategic directions. Commuter pressures are constantly increasing and timing of, these initiatives will have a bearing on the success of this program as it is perceived in the eyes of the public. In particular, advancement.of the, GO Transit service improvements and completion of the Richmond Hill extension are of particular Interest. It is recommended that the service extension be completed to Aurora Road as part of the 15 year plan rather than complete this extension in two parts as currently proposed. This will result in overall project delivery cost savings as well as improved access to this vital link. Yours sincerely, I. A. Simanovskis, P.Eng, MBA Director, Public Works cc. Mayor and Members of Council S^,Public Wor;&,General Foiders',A00 Administration-Generaltilmar Temperary'inetrolinA2008 11 14 letter - comments on draft melrolinx plan.doc- ... Conj}.71.Uni'4 _ -28- COUNCIL - NOVEMBER 25, 2008 ITEM # 3 - AURORA . yowr-&, good, cmtpmy MEMORANDUM Date: November 13, 2008 To: Mayor and Members of Council From: L. John Gutteridge, Director of Finance/Treasurer Re: Investing in Ontario Act 2008 Name of Division Financial Services We are very please to report that the Province of Ontario has passed the regulations under the Investing in Ontario Act resulting in a grant to the Town of Aurora of $1,716,413.. These funds are to be used to address the infrastructure deficit within municipalities and is great news as we move forward with our 2009 Capital Budget. A copy of the letter from the Minister's involved in the program is attached hereto for information. L. j8lm Gutteridge, ire'ctor of Finance/Treasurer Ext. 4111 - 29 - COUNCIL - NOVEMBER 25,.2008 ITEM# 3-2 Ministry of Mlnlatkedo& Municipal Affairs Aftalras municlpalna add Hoatting et du Logament Office oflheMinlator eurnauduministre 777 Bay Steel. 17" Floor 777, Ns Bay, 179 eitage Toronto ON MSG 295 Toronto ON MSG 2F5. Tel, 416 565 700o 761. 416 565 7000 Fan 416 fm 6470 T616C. 416 505. 6470 w .mah-govon.ca .'1A",mm.gov.on.oa Fax Cover DATE: November 0, 2008 TO: Mayor Phyllis M. Morris Town Of AL rora FAX: 905.727-49 3. FROM: LinaMinniti PHONE: (416) 585-7106 Executive sslstant FAX; (416) 685-8227 HE: -30- COUNCIL- NOVEMBER 25, 2008 ITEM# 3-3 Mlnislry of Faanee and Ministry of Fiavanuo 014oe of the Minister 7° Floor 7 Queen's Psrk Cresoant Toronto, ON WA 1 Z1 Tel 41632bM FAX 41632SM74 WJhY Ilmlioun.ca November 10, 2008 Mayor Phyllis M. Morr Town of Aurora Box 10001 Municipal Aurora ON L4G 6J1 Dear Mayor Morris, Miniatry of Municipal Affairs and Housing Oftisa of the Minister 17''FRaor 7T7 Bay street Toronto, ON MSG 2E5 Tel 416 Uti-7W0 Pax 416 $85-8470 www.meh.gov.on.ca Ministry of Energy and rnfroetructure Offfpo of the Deputy Premier 4r' Floor, Hearst Block 900 eqy Htreel Ta(on)ON WA 2E1 Ontario Tel 06.325-22111 FaX 41Ri2U754 WWWAnergy.gov.on.cu On March 31, 2008 we wrote to advise your municipality that the McGuinty government had introduced the Investing in Ontario Act, 2008 (the Act). Under this Act and the related 2008 regulation, every munl ipalfty in Ontario is entitled to receive a capital grant in 2008 based on the Province's final irosults for 2007-08 in the Public Accounts. On August 2e, the Pr,e mien was pleased to announce that the 2007-08 Public Accounts had been finalized and that, under this new Act, all municipalities in the province would be receiving additional ca itell grants this year. We are pleased to advise you.that your municipality will be roc iving its allocation under the Act and related 2008 regulation.of $1,716,413 on November 12, 2008. By redirecting a portion of the provincial surplus to municipalities for capital purposes, the Ontario government is helping to address Ontario's municipal infrastructure deficit. Investing in infrastructure Is a o=,ial component of a strong economy and part of the government's five -point plan for jobs o nd growth in Ontario. The allocation of the /r formula, determined in 2008 regulation. This 1 2006 Census and, in fl shares of cap$al.exper municipalities. The spt of Finance website at y Your municipality has Under the 2008 reaull ?sting in Ontario Actto individual municipalities is based on a rnsuitation with AMO and the City of Toronto and detailed in the multi is based on municipal population distribution according to the case of two-tier municipalities, the respective upper- and lower -tier tures between 2001 and 2005 inclusive, as reported by fic allocations to Individual municipalities are posted on the Ministry discretion to spend your grant to address your capital priorities, i, payment: .:/cont'd 'Vlt l tam,? »a -31 COUNCIL - NOVEMBER 25, 2008 ITEM#3-4 -2- (a) may only be used by an eligible recipient for expenditures that are capital expenditures with respect to the eligible recipient under generally accepted accounting Principles for local gov mments as recommended, from time to time, by -the Public Sector Accounting Board of th� Canadian Institute of Chartered Accountants; and (b) shall not be relating to a capital date on which the r The government will funds and how you p your capital priorities government is partict presentation of the pi back information that be requesting additio of public recognition'I Province maintains it the funds granted if it eligible capital purpo, for the purpose of reducing or paying out the amount of any debt nditure if the debt was incurred by the eligible recipient before the nt payment is received, requesting report -backs on your municipality's planned use of these to publicly demonstrate the Government of Ontario's contribution to ough signage, local events and other means of recognition. The ly interested in the sign dimensions, their placement and racial graphic, You will be receiving templates detailing the report - I be required. As the projects are completed, the Province will also report -backs on how the funds were actually spent and the nature vlded for the Government of Ontario's contribution. In addition, the ight to audit how the funds were used and to recover any, or all, of determined that they were not used, or will not be used, for the The McGuinty govern nt recognizes the importance of our municipalities, which is why we have made the Strategic decision this year to invest in our communities. This initiative is continuing to build our fi ivestments towards municipalities and is part of our ongoing commitment to working towards a sustainable provincial -municipal relationship. As we all know, Ontario is facing a more challenging global economy. Economic data released since the and Of the fiscal year indicate that growth has been below forecast so far in 2008. As a result, it Is important that we continue to work together to focus on key investment priorities and to manage our finances carefully. We look forward to working in collaboration with you a id our other municipal partners to successfully meet today's economic challenges arid to build a solid foundation for a positive future for Ontario's businesses and Its citlz ns. Yours sincerely, Dwight Duncan Minister of Finance Minister of Revenue Jim Watson Minister of Municipal Affairs and Housing George Smitherman Minister of Energy and infrastructure Deputy Premier 10441(07bl) - 32 - °'° COUNCIL - NOVEMBER 25, 2008 ITEM # 3 - 5 c. Peter Wallace, Deputy.Minister of Finance John S, Burke, Deputy Minister of Municipal Affairs and Housing Saad Rafi, DepL ty Minister of Energy and Infrastructure L. John Guttedd e, Treasurer/Direotor of Finance IWMI -33- UNCIL - NOVEMBER 25, 2008 ITEM#4-� October 24, 2008 Mayor Phyllis Morris Town of Aurora 1 Municipal Drive, Box 1000 Aurora, Ontario L4G 6J1 Dear Mayor Morris, RECMVED OCT3 02006 MAYOR'S OFFICE On behalf of the City of St. John's, I'd like to offer a hearty congratulations to you and your Council as you are named winner of the 2008 Prince of Wales Prize. 1 know this will add to the excitement in Aurora as you celebrate the Year of the Arts, Heritage and Culture. As the winner of the 2007 Prize, St. John's is well aware of the honor bestowed to a municipality by Heritage Canada. I am also very aware of the amount of work and volunteer hours that goes into the preservation and protection of a municipalities built heritage. Once again, congratulations to you, your Council, citizens and especially your Municipal Heritage Advisory Committee on this prestigious award. Si cerely, nnis O'Keefe Mayor of St. John's ST. J � HN7S CITY OF A JOHN'S P.O. Box 908_ ST. j1n34 ML CANADA A1C SM2 WWwSTJOHNS.CA COUNCIL - NOVEMBER 25, 2008 ITEM # 5 - Adoption of Recommendations from Closed Session Meeting November 10, 2008 That the recommendations from the Closed Session Meeting held on November 10, 2008 regarding the following matters be approved: 1. Property Matter — StronachAurora Recreation Centre Town -- Bondfield - NORR Claim 2. Personal Matter— Appointment of Accessibility Committee Member That Mr. Tim Savage be appointed to fill the vacancy on the Accessibility Advisory Committee. $. Legal Matter — Solicitor Opinion, Re: Code of Conduct 4. Legal Matter— Mediation Hearing, Re: Identifiable Individual 5. Labour Relations Matter— Re: Identifiable Individuals 6. Legal Matter — Bluegrass - Application for Judicial Review -35- COUNCIL - NOVEMBER 25, 2008 ITEM # 6 - Adoption of Recommendations from Closed Session. Meeting November 18, 2008 That the recommendations from the Closed Session Meeting held on November 18, 2008 regarding the following matters be approved: 1. Labour Relations Matter - CAO Recruitment 2. Labour Relations Matter - Integrity Commissioner Appointment THAT the Town retain the services of David Nitkin as the Town's Integrity Commissioner. -36- COUNCIL - NOVEMBER 25, 2008 ITEM # 7 ADMINISTRATION MEMORANDUM Legal Services Division Date: November 21, 2008 To: Mayor Morris and Members of Council Re: Refusal by a Member of Council to sign the Code of Conduct Governing Council Members Background On June 24, 2008 Council enacted By -Law 5036-08C, being a By -Law to Adopt a Code of Conduct for Members of Council. The Council Code of Conduct forms part of the By- law. The By-law provides that upon the adoption of the Code of Conduct "Members of Council will be expected to sign two copies of the Code of Conduct to convey to each other and all stakeholders that they have read and understood it". One Member of Council has refused to sign the Council Code of Conduct. Issue If a Council Member refuses to sign the Council Code of Conduct adopted by Council bylaw, what can Council do? Overview of Municipal Act and Council Code of Conduct Provisions A municipality, a body corporate consisting of the inhabitants, exercises its powers through its Council. The Municipal Act requires that a person cannot take a seat on Council or become a Member of Council until that person takes the declaration of office. The declaration of office, in a forin established by the Minister of Municipal Affairs and Housing, includes a solemn promise and declaration that the person "will truly, faithfully and impartially exercise the office to the best of his, or her knowledge and ability Two of the roles of Council under the Municipal Act are "to carry out the duties of Council under this or any other Act" and "to represent the public and consider the well being and interest of the municipality". Council speaks with one voice when it enacts a by-law. Like the Ontario Legislature, the majority rules and Council is bound by its own by-laws, as the members of the Legislature are bound by enacted legislation. Provision for the establishment' of a Municipal Code of Conduct was made in the Municipal Statute Law Amendment Act, 2006 (formerly Bill 130). This provision is an integral part of the Accountability and Transparency provisions of the Municipal Act which resulted from the recommendations of the Bellamy Report in the Commission of the Toronto Leasing Inquiry. The establishment of a Council Code of Conduct is not Page 1 of 2 - 37 - COUNCIL - NOVEMBER 25, 2008 ITEM # 7 - 2 mandatory; however, it is an essential element of the recognition by the Province of a municipality as a responsible level of government. The provision for the appointment of the Integrity Commissioner, the natural persons powers and the broad powers provisions made under the former Bill 130 to give power and responsibility to municipal governments to make it independent and responsible. The Council Code of Conduct is "a public declaration of the principles of good conduct and ethics that Members of Council have decided its stakeholders could., reasonably expect from the Members of Council to demonstrate in the performance and responsibilities as elected representatives". The Policy statement portions of the Council Code of Conduct further provide that "attaining an elected position within the community is a privilege which carries significant responsibilities and obligations" and "Members of Council are held to a high standard as leaders of the community" The purpose of the Council Code of Conduct includes "to establish guidelines for appropriate conduct to ensure that the decision making process of Town Council is transparent, accessible and equitable'; "the conduct of Members of Council is of the highest standard"; and "public office is not to be used for personal gain". Conclusion A member of Council who refuses to follow the provisions of a bylaw passed by Council under the Transparency Accountability provisions of the Municipal Act and which binds all Members of Council is not acting in compliance with the purpose and spirit of the Municipal Act and the office there under which the member swore to exercise truly and faithfully on taking :office after election. A Council Member represents the inhabitants, the public or the stakeholders referred to in the Council Code. of Conduct. Failure to sign the Council Code of Conduct could be interpreted by these stakeholders as an intention by the Council Member not to be bound by or comply with the Council Code of Conduct. What can Council do? There is no tool under the applicable legislation available to Council to force a Council Member to take a physical course of conduct as required under the by-law. The Council Member is bound by the by-law. To publically refuse to comply with a requirement of a by-law binding on each Member of Council and complied with by all the other Members of Council, especially a by-law adopting a Council Code of Conduct, places the Council Member's future conduct under close scrutiny by the very inhabitants or stakeholders the Member represents and could result in a complaint to the Integrity Commissioner with very serious consequences to the Councillor's ability to continue as a Member of Council. M. Virginia Mac Lean, Q.C. Acting Town Solicitor or: L. King, Town Clerk Page 2 of 2 IKj110 COUNCIL - NOVEMBER 25, 2008 By-law 5090-08.D - 1 Robert Delcourt & Rul Chan Lin e own ofj., THE CORPORATION OF THE TOWN OF AURORA eo oa BydawNumber 5090-08.D BEING A BY-LAW to amend By- law No. 2293-78, as amended, being the Zoning By-law of the Town.ofAurora. (268 Kennedy Street West -rile: D14-05-07) WHEREAS Section 34 of the Planning Act, R. S.O. 1990, c.P.13, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law 2213-78 being the Zoning By-law, as amended; AND. WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 2213-78, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law, is hereby amended from "Detached Dwelling First Density Residential (Rl'38) Exemption Zone" to "Detached Dwelling Second Density Residential (R2-82) Exception Zone"-. 2. THAT the following be added as Section 11.84 "Detached Dwelling Second Density Residential (R2-82) Exception Zone Section 11.84 DETACHED DWELLING SECOND DENSITY RESIDENTIAL (R2-82) EXCEPTION ZONE (5090-08.D) " 11.84.1 Uses Permitted In accordance with Section 11.1 hereof. 11.84.2 Zone Requirements 11.84.2.1 Lot Specifications Lot Area (minimum) 440.0 square metres Lot Frontage (minimum) 14.5 metres 11.84.2.2 Siting Specifications Front Yard - Main Building 4.5 metres - Attached Garage 6.0 metres Rear Yard (minimum) 7.5 metres " Interior Side Yard (minimum) - one (1) storey 0.6 metres - two (2) storeys 1.2 metres Exterior Side Yard (minimum) 4.5 metres Notwithstanding the above, the exterior side yard setback from the daylighting triangle portion shall be 0.3 metres. -39- COUNCIL - NOVEMBER 25, 2008 By-law 5090-08.D - 2 11.84.2.3 - Building Specifications Floor Area (minimum) - one (1) storey - two (2) storeys Lot Coverage (maximum) one (1) storey two (2) storeys Height (main building) (maximum) Interior Garage Length (minimum) Interior Garage Width (minimum) Interior Garage Width (maximum) 11.84.2.4 Parking Robert Delcourt ✓* Rut Chan Lin 120.0 square metres 130.0 square metres 40.0 percent 35.0 percent 10.0 metres 6.0 metres 2.9 metres 6.0 metres Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, a minimum of three (3) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private garage per unit, and a minimum of two (2) parking spaces shall be provided, either in tandem or sine by side, on the driveway. 3. THAT no part of this By-law will come into force until the provisions of the Planning Act have been complied with, but subject to such provisions the By-law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS 25rh DAY OF November 2008. READ A THIRD TIME AND FINALLY PASSED THIS 25" DAY OF November 2008, - PHYLLIS M. MORRIS, MAYOR L. King, TOWN CLERK -40- COUNCIL - NOVEMBER 25, 2008 By-law 5090-08.D - 3 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part of Lot 79, Concession 1 King, Part 4, 6SR-27428 268. Kennedy Street West. THIS IS SCHEDULE "A" TO BYLAW NO. 5090-08.D PASSED THIS DAY OF , 2008. L. KING, TOWN CLERK PHYLLIS M. MORRIS, MAYOR LANDS REZONED FROM "RI-38"TO "112-82" �o SCHEDULE "A" TO BY-LAW NO. 5090.08.D -41- COUNCIL - NOVEMBER 25, 2008 By-law 5090-08.D - 4 Robert Delcourl & Rut Chan Un Explanatory Note Re: Zoning By-law No. 5090-08.0 By-law Number 5090-08.D has the following purpose. and effect To amend By-law 2213-78, as amended: the Zoning By-law in effect in the Town of Aurom, to rezone the subject lands from "Detached Dwelling First Density Residential (R1-38) Exemption Zone" to "Detached Dwelling Second Density Residential (R2-82) Exception Zone". The By-law will permit the creation of three new residential building lots on the R2-82 lands. The development standards are Identical to those of the R2-25 zone that applies to the subdivision to the north and west of the subject lands, with the exception that there is a minimum and a maximum garage width, a maximum garage length, and a requirement for a minimum oft parking space In the garage and two parking spaces on the driveway. -42- COUNCIL NOVEMBER 25, 2008 By-law 5091-08.0 - 1 e.vwul-ie' THE CORPORATION OF THE TOWN OF AURORA 10 tir d By-law Number 5091-08. C BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting 08-30 on November 25, 2008. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the actions of the Council at its meeting held on November 25, 20D8 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. - READ A FIRST AND SECOND TIME THIS 25T1d DAY OF NOVEMBER, 2008. READ A THIRD TIME AND PASSED THIS 25TH DAY OF NOVEMBER, 2008. PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK -43- ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING TUESDAY, NOVEMBER 25, 2008 ➢ CLOSED SESSION - NEW ITEM Re: Advice that is subject to solicitor -client privilege involving an identifiable individual. ➢ NEW ITEM - 8 BA08-010 - Building Permit Fee - Aurora Sports Dome (New material resulting from General Committee meeting 08- 38, November 18, 2008 Item 8) RECOMMENDED: THAT Report BA08-010 - Building Permit Fee - Aurora Sports Dome, be received for information; AND THAT the funds for the building permit fee for the Aurora Sports Dome be made available as a grant and be taken from the Capital Reserve Fund. TOWN OF AURORA AURORA COUNCIL REPORT No. BA08-010 SUBJECT: Building Permit Fee -Aurora Sports Dome FROM: Techa van Leeuwen, Director of Building Administration DATE: November 25, 2008 RECOMMENDATIONS THAT Report No. BA08-010 regarding Building Permit Fee - Aurora Soccer Dome be received for information; and THAT the funds for the building permit fee for the Aurora Sports Dome be made available as a grant and be taken from the Capital Reserve Fund. BACKGROUND At the meeting of November 18, 2008, General Committee recommended the following: THAT report ADM08-018 regarding the Aurora Sports Dome — Permit Fees be received for information; and THAT the Town of Aurora provide a full reimbursement of the building permit fees to the Aurora Sports Dome of $32,155; and THAT all necessary steps be taken to facilitate the payment; and THAT, if legally permitted, the Director of Finance be directed to take the funds for compensation from the Building Reserve Fund. COMMENTS Staff has consulted with the Acting Town Solicitor regarding the source of funding for the reimbursement. Specifically staff requested the Acting Town Solicitor comment on the legalities of funding the reimbursement through the Building Reserve Fund. The Building Reserve Fund is an obligatory reserve fund established in 2006 through Bill 124 amendments to the Building Code Act. It was established under provincial statute and there are limitations as to what the reserve funds can be used for. The Building Reserve Fund shall only be used for activities related to the administration and enforcement of the Building Code Act. Therefore, it is not the appropriate funding source for this project. November 25, 2008 BA08-010 The Director of Financial Services has reviewed the reserve funds and is suggesting the funds be taken from the Capital Reserve Fund. OPTIONS 1. As recommended in this report 2. Council request the Director of Financial Services to find an alternative funding source. FINANCIAL IMPLICATIONS The building permit fee collected for this project occurred at the time of permit issuance in September of 2005. The obligatory Building Reserve Fund was established in 2006 through Bill 124 amendments to the Building Code Act. Building permit fees collected in 2005 formed part of the general revenue of the municipality and any surplus was applied to the Capital Reserve Fund. In 2005 the municipality had a surplus of $502,000.00 CONCLUSIONS Staff is recommending the reimbursement of the building permit fee be given as a grant and the funds be taken from the Capital Reserve Fund. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making Prepared by: Techa van Leeuwen, Director of Building Administration- Ext. 4748 Director of Building Administration /- TOWN OF AURORA AURORA COUNCIL REPORT No. BA08-010 SUBJECT: Building Permit Fee -Aurora Sports Dome FROM: Techa van Leeuwen, Director of Building Administration DATE: November 25, 2008 RECOMMENDATIONS THAT Report No. BA08-010 regarding Building Permit Fee -Aurora Soccer Dome be received for information; and THAT the funds for the building permit fee for the Aurora Sports Dome be made available as a grant and be taken from the Capital Reserve Fund. BACKGROUND At the meeting of November 18, 2008, General Committee recommended the following: THAT report ADM08-018 regarding the Aurora Sports Dome — Permit Fees be received for information; and THAT the Town of Aurora provide a full reimbursement of the building permit fees to the Aurora Sports Dome of $32,155; and THAT all necessary steps be taken to facilitate the payment; and THAT, if legally permitted, the Director of Finance be directed to take the funds for compensation from the Building Reserve Fund. COMMENTS Staff has consulted with the Acting Town Solicitor regarding the source of funding for the reimbursement. Specifically staff requested the Acting Town Solicitor comment on the legalities of funding the reimbursement through the Building Reserve Fund. The Building Reserve Fund is an obligatory reserve fund established in 2006 through Bill 124 amendments to the Building Code Act. It was established under provincial statute and there are limitations as to what the reserve funds can be used for. The Building Reserve Fund shall only be used for activities related to the administration and enforcement of the Building Code Act. Therefore, it is not the appropriate funding source for this project. November 25, 2008 BA08-010 The Director of Financial Services has reviewed the reserve funds and is suggesting the funds be taken from the Capital Reserve Fund. OPTIONS 1. As recommended in this report 2. Council request the Director of Financial Services to find an alternative funding source. FINANCIAL IMPLICATIONS The building permit fee collected for this project occurred at the time of permit issuance in September of 2005. The obligatory Building Reserve Fund was established in 2006 through Bill 124 amendments to the Building Code Act. Building permit fees collected in 2005 formed part of the general revenue of the municipality and any surplus was applied to the Capital Reserve Fund. In 2005 the municipality had a surplus of $502,000,00 CONCLUSIONS Staff is recommending the reimbursement of the building permit fee be given as a grant and the funds be taken from the Capital Reserve Fund. LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making Prepared by: Techa van Leeuwen, Director of Building Administration- Ext. 4748 I Techa van Leeuwen Director of Building Administration