AGENDA - Council - 20110607PUBLIC RELEASE
June 3, 2011
TOWN OF AURORA
COUNCIL MEETING
AGENDA
Tuesday, June 7, 2011
7:00 p.m.
Council Chambers
I DECLARATIONS OF PECUNIARY INTEREST
II APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved as presented.
III ADOPTION OF MINUTES
Council Minutes of May 24, 2011 pg. 1
Special Council - Public Planning Minutes of May 25, 2011 pg. 8
RECOMMENDED:
THAT the Council minutes of May 24, 2011 and the Special Council -
Public Planning minutes of May 25, 2011 be adopted as printed and
circulated.
IV PRESENTATIONS
(a) Mayor Dawe pg. 15
(b) Chris Catania, Youth & Community Development pg. 16
Coordinator
Re: Art for the Park 2011
Council Meeting Agenda
Tuesday, June 7, 2011
Page 2 of 4
V PUBLIC SERVICE ANNOUNCEMENTS
VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
VIII DELEGATIONS
IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN
(i) Notice of Motion
(a) Councillor Abel pg. 56
Re: Agreement with Church Street School
Cultural Centre
(ii) Motions for Which Notice Has Been Given
Motions (a) – (e) were deferred from the May 24, 2011 pg. 57
Council Meeting (Notice was given May 10, 2011)
(a) Councillor Buck pg. 58
Re: Costs for Pumping Stations
(b) Councillor Buck pg. 59
Re: Report on Storm Water Ponds
(c) Councillor Buck pg. 60
Re: Water Rates
(d) Councillor Buck pg. 61
Re: Water Surcharge
(e) Councillor Pirri pg. 62
Re: Train Anti-Whistling in the Town of Aurora
Council Meeting Agenda
Tuesday, June 7, 2011
Page 3 of 4
(f) Mayor Dawe pg. 63
Re: Consideration of Town Entrance Feature at
Bathurst and Wellington Intersection
(Notice given May 24, 2011)
(g) Councillor Gallo pg. 64
Re: Media Advisory
(Notice given May 24, 2011)
XI REGIONAL REPORT
XII NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS
XIII CLOSED SESSION
XIV READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-law be given first, second, and third readings
and enacted; and
5318-11 BEING A BY-LAW to provide remuneration pg. 65
For members and chair of the Committee
of Adjustment
(Report PL11-026 – GC – May 3, 2011)
THAT the following listed confirming by-law be given first, second, and
third readings and enacted:
5343-11 BEING A BY-LAW to Confirm Actions by pg. 67
Council Resulting from Council Meeting 11-18
on June 7, 2011
XV ADJOURNMENT
Council Meeting Agenda
Tuesday, June 7, 2011
Page 4 of 4
AGENDA ITEMS
1. General Committee Meeting Minutes of May 31, 2011 pg. 17
RECOMMENDED:
THAT the minutes of the General Committee meeting of May 31, 2011 be
received and the recommendations carried by the Committee be
approved.
2. Memorandum from Mayor Dawe pg. 23
Re: Lake Simcoe Region Conservation Authority Highlights –
May 27th Meeting of the Board
RECOMMENDED:
THAT the Lake Simcoe Region Conservation Authority Highlights – May
27th Meeting of the Board be received for information.
3. Memorandum from John D. Leach, Director of Customer and pg. 27
Legislative Services/Town Clerk
Re: Council’s Procedural By-law Review
RECOMMENDED:
THAT a Special General Committee (Workshop) be scheduled for June
14, 2011 at 4:00 p.m. in the Council Chambers for the purpose of
reviewing proposed amendments to Council’s Procedural By-law.
ADDITIONAL ITEM
FOR COUNCIL MEETING
Tuesday, June 7, 2011
New Item 4
LGL11-003 – Town Staff Member Indemnification for Independent Legal
Advice Hervey v. Morris
TOWN OF AURORA
AURORA COUNCIL REPORT No. LGL11-003
SUBJECT: Town Staff Member Indemnification for Independent Legal Advice
Hervey v. Morris
FROM: Warren Mar, Acting Town Solicitor/Director of Legal Services
DATE: June 7, 2011
RECOMMENDATIONS
THAT the Acting Town Solicitorbe authorized to pay the legal fees of external legal
counsel in order to provide independent legal advice to current Town staff members
regarding the matter of Hervey v. Morris; and
THAT the Acting Town Solicitor advise Council, once the matter is complete, with
the total amount spent on paying the legal fees of said external legal counsel.
COMMENTS
On May 10, 2011, a Notice of Application was issued by Mr. George Hervey in the
Newmarket Superior Court of Justice alleging that Ms. Phyllis Morris contravened the
Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended (the "MCIA").
As part of the hearing related to that matter, Town staff members may be subpoenaed to
give evidence, either at the hearing or on discovery prior to the hearing, regarding the
events surrounding the alleged contravention of the MCIA.
As the Town staff members were acting in their capacity as employees of the Town, they
may require legal advice regarding the questions they are asked, and the answers they
provide regarding the alleged contravention of the MCIA. In-house legal counsel for the
Town (in this case, the Acting Town Solicitor) has a duty to defend the interests of the
Town generally, and not Town staff members specifically. Accordingly, it may be seen as a
conflict of interest to provide Town staff members individually with legal advice, while also
protecting the Town's interest should the Town itself be the subject of a court order to
produce documents related to the events in question.
This potential conflict of interest should not, however, cause Town staff members to be left
paying for their own legal fees in a situation where they were simply acting in their capacity
as employees of the Town in good faith. Accordingly, in order to provide current Town staff
members with the opportunity to obtain legal advice that the Acting Town Solicitor is unable
to provide them due to a potential. conflict, and in the absence of a Town Indemnification
Policy, the Town should pay for such external legal counsel so as to provide current Town
June 7, 2011 - 2 - Report No. LGL11-003
staff members with independent legal advice.
ALTERNATIVES TO THE RECOMENDATIONS
1. That Council not authorize the payment of external legal counsel to provide
independent legal advice to current Town staff members (i.e., not adopt the
recommendation above).
2. That Council limit the amount paid to external legal counsel to a specific upset limit,
which may require a further Council resolution should costs exceed a specific amount.
FINANCIAL IMPLICATIONS
Payment for legal counsel on behalf of Town staff members will be drawn from the Legal
Services external advocacy budget. A limit is not suggested at this time in order to afford
Town staff members with the unfettered ability to receive legal advice on the matter of
Hervey v. Morris.
CONCLUSIONS
Council is requested to adopt the above recommendation in order for current Town staff
members to obtain proper independent legal advice regarding the matter of Hervey v.
Morris.
Warren Mar
Acting Town Solicitor/Director of Legal Services
r