Agenda - Council - 20100413/00000
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AuitoRA
COUNCIL MEETING
AGENDA
NO.10-00
TUESDAY, APRIL A 2010
7:00 P.M.
COUNCIL CHAMBERS
AUROBA TOWN NALL
PUBLIC RELEASE
April 9, 2010
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AuwoitA
TOWN OF AURORA
COUNCIL MEETING
AGENDA
NO. 10-08
Tuesday, April 13, 2010
7:00 p.m.
Council Chambers
I DECLARATIONS OF PECUNIARY INTEREST
ll APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved as presented.
111 OPEN FORUM
IV ADOPTION OF MINUTES
Council Minutes of Tuesday, March 30, 2010
RECOMMENDED:
pg. 1
THAT the Council minutes of Tuesday, March 30, 2010 be adopted as
printed and circulated.
V PRESENTATIONS
None
VI PUBLIC SERVICE ANNOUNCEMENTS
Council Meeting Agenda
Tuesday, April 13, 2010
Page 2 of 6
Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
IX DELEGATIONS
None
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
XI REGIONAL REPORT
None
Xll NEW BUSINESS/GENERAL INFORMATION- COUNCILLORS
XIII CLOSED SESSION
RECOMMENDED:
THAT Council resolve into a Closed Session, following adjournment, to
consider:
1) Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
• Westhill Redevelopment Company Limited, Ontario Municipal
Board Appeal to receive additional information regarding
proceeding
XIV READING OF BY-LAWS
5217-10 BEING A BY-LAW to designate a property pg. 55
To be of cultural heritage value or interest
(93 Wells Street)
5220-10 BEING A BY-LAW to amend Zoning By-law pg. 59
No. 2213-78, as amended
(Report - PL10-023 - April 6, 2010 GC)
Council Meeting Agenda
Tuesday, April 13, 2010
Page 3 of 6
5221-10 BEING A BY-LAW for registration of second pg. 62
suites
(Report - PL10-023 - April 6, 2010 GC)
5231-10 BEING A BY-LAW to amend Zoning By-law pg. 67
No. 2213-78, as amended
(Report PL10-031 —April 13, 2010 Council)
5232-10 BEING A BY-LAW to confirm actions by pg. 71
Council Resulting from Council Meeting
10-08 on April 13, 2010
XV ADJOURNMENT
Council Meeting Agenda
Tuesday, April 13, 2010
Page 4 of 6
AGENDA ITEMS
1. General Committee Meeting Minutes pg. 12
Tuesday, April 6, 2010
RECOMMENDED:
THAT the minutes of the General Committee meeting of April 6, 2010 be
received and the recommendations carried by the committee be approved.
2. CA010-007 - Veteran Appreciation Day pg. 18
RECOMMENDED:
THAT Council approve a Veteran Appreciation Day Event on Saturday,
May 8, 2010, as outlined in this report; and
THAT an upset limit of $5,000.00 be allocated from the Council
Contingency to cover the costs associated with the Veteran Appreciation
Day Event.
3. PL10-031 — Proposed Interim Control By-law pg. 21
15064, 15074 & 15086-15088 Yonge Street
103 & 107 Temperance Street
16 Reuben Street & Subject Road Allowance
RECOMMENDED:
THAT Staff be directed to undertake a review of the land use planning
policies in respect of the properties identified as the subject lands and the
function of the laneway (public road allowance) used by those properties,
and report back to a future General Committee meeting outlining the
results of the review, including recommendations; and
THAT an interim control by-law that applies to the subject lands be
enacted for a period of six months from the date of the passing thereof.
4. Memorandum from Mayor Morris pg. 27
Re: The Lieutenant Governor's Ontario Heritage Awards
RECOMMENDED:
THAT the correspondence received from the Ontario Heritage Trust be
received for information.
Council Meeting Agenda
Tuesday, April 13, 2010
Page 5 of 6
5. Memorandum from the Director of Customer and Legislative pg. 29
Services/Town Clerk
Re: Service Contract for the Integrity Commissioner for the
Town of Aurora
RECOMMENDED:
THAT this memorandum be received for information.
6. Adoption of Recommendations from Closed Session pg. 45
Meeting of Council March 30, 2010
RECOMMENDED:
THAT the recommendations from the Closed Session meeting of Council
held on March 30, 2010 regarding the following matters be approved:
2) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
(Deferred from the March 23 General Committee meeting)
• Westhill Redevelopment Company Limited, Ontario Municipal
Board Appeal to receive additional information regarding
proceeding.
• Correspondence from Ms Christine Sadler Member of "The
Friends of the Bloomington Wetlands"
(Delegate at the March 23, 2010 General Committee Meeting)
3) Labour relations or employee negotiations;
- CUPE Negotiations Strategy and Direction,
o Current contract expires March 31, 2010
7. Central York Fire Services - Joint Council Committee Meeting pg. 46
Minutes — February 23, 2010
RECOMMENDED:
THAT the minutes of the Central York Fire Services — Joint Council
Committee meeting on February 23, 2010 be received for information.
Council Meeting Agenda
Tuesday, April 13, 2010
Page 6 of 6
8. Central York Fire Services - Joint Council Committee Meeting pg. 51
Minutes — March 25, 2010
RECOMMENDED:
THAT the minutes of the Central York Fire Services — Joint Council
Committee meeting on March 25, 2010 be received for information.
Council Meeting Agenda /
April 13, 2010 AURORA
Minutes - 1.
TOWN OF AURORA
COUNCIL MEETING MINUTES.
NO, 10-08
Council Chambers
Aurora Town Hall
Tuesday, March 30, 2010
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gallo (arrived at 10:01 p.m.), Granger,
MacEachern and McRoberts
MEMBERS ABSENT Councillors Gaertner and Wilson
OTHER ATTENDEES Chief Administrative Officer, Director of Customer and
Legislative Services/Town Clerk, Director of Legal
Services/Town Solicitor, Parks Manager, Director of
Planning and Development Services, Director of
Infrastructure and Environment Services, Director of
Corporate and Financial ServicesfTreasurer, Manager
of Legislative Services/Deputy Clerk and Youth
Councillor, Adrian Bulfon
Mayor Morris called the meeting to order at 7:08 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
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved with the following addition:
➢ York Region Council Highlights -- March 25, 2010, Mayor's Report
➢ Re: Replacement Schedule of Councillor Remuneration Expenses
Item # 5 (page 32) - CFS10-006 - Statement of Remuneration and
Expenses for Members of Council, Committees and Local Boards
➢ By-law Number 5228-10, BEING A BY-LAW to amend the Council
Code of Conduct
➢ By-law Number 5229-10, BEING A BY-LAW to appoint an Integrity
Commissioner
CARRIED
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Council Meeting�loea ting Minutes
April 13, 2010 Tuesday, March 30, 2010
Page 2 of 11
Minutes - 2
111 OPEN FORUM
Ms Susan Walmer addressed Council to clarify her delegation made at the March
23, 2010 General Committee meeting to reiterate that it was about the economic
value of protecting the forested lands, the importance of entering into the
agreement for the McLeod Woodlot to protect the forested land, the value of the
lands to the community and that a tax exemption can only be applied when the
lands are rezoned for which the deadline would be July 31 for the following year.
Ms Walmer advised Council of the Aurora Community Heritage Fair to be held on
Wednesday, April 21, 2010 at 6:00 p.m., held at by St. Andrew's College. The
Fair is for children from grades 4 to 8 to present their Canadian projects. Ms
Walmer advised that volunteers are needed for the Fair and she extended an
invitation to Mayor and Council to attend.
IV ADOPTION OF MINUTES
Council Minutes of Tuesday, March 9, 2010 and Special Council, March 23,
2010
Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas
THAT the Council minutes of Tuesday, March 9, 2010 and Special Council
minutes of Tuesday, March 23, 2010 be adopted as printed and circulated.
CARRIED
V PRESENTATIONS
None
W PUBLIC SERVICE ANNOUNCEMENTS
Mayor Morris advised that she, along with Lois Brown, MP and Dr. Helen Jaczek,
MPP were at Sheppards Bush Conservation Area along with the Chair of the
Lake Simcoe Region Conservation Authority and the Windfall Ecology Centre
representative to receive $266,000 from both levels of government for upgrades
to the Henry Sheppard House. Mayor Morris expressed her congratulations to
the Windfall Ecology Centre and the Lake Simcoe Region Conservation
Authority.
Mayor Morris advised that she is aware of the public's interest regarding the GO
Transit routes in Aurora and how it is impacting the community and advised that
Frank Klees, MPP, is actively pursuing the matter and if anyone has questions or
concerns they should contact Mr. Rick Leary, General Manager of VIVA York
Region, atl-866-758-0749 ext5625.
Mayor Morris advised of the 5 light fixtures that have been installed for a 3 month
period on Murray Drive just north of Golf Links Drive. The Town of Aumra is
asking for the public's comments regarding the look and feel of the lights. Mayor
Morris advised that the Department is asking residents to submit their feedback,
about this LED project, using the Town of Aurora website survey or by picking up
a comment card available at Town Hall.
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Council Meeting�4on Beefing Minutes
April 13, 2010 Tuesday, March 30, 2010
Page 3 of 11
Minutes - 3
Mayor Morris advised that Ms Eileen Dinning, a volunteer at Info -Aurora, is has a
family member travelling to Nicaragua in September and is asking for donations
of baseball caps to help prevent sun and eye damage to the people of
Nicaragua. Mayor Morris advised that anyone interested in donation please
baseball caps please contact Eileen Dinning or drop any baseball caps at the
Info -Aurora front desk.
Mayor Morris advised that Dan Hargrave, resident of Aurora, who recently
delegated to Council, received his second double -lung transplantand is doing
remarkably well and Mayor Morris sends the Town's best wishes to Dan, his
family, team of Doctors and the donors.family and advised that the Organ Donor
Program is always in need of new donors.
Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1 Delegation (b), 1(12), 4, 6 and deferred items from the March 23, 2010
General Committee meeting items, 1(6), 6 and 7 were identified for discussion.
Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Items 2, 3, 5, and deferred items from the March 23, 2010 General Committee
meeting items 10 and 14 were identified as items not requiring separate
discussion.
Moved by CouncillorMacEachern Seconded by Councillor Collin-Mrakas
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:
2. Memorandum from Mayor Morris
Re: Correspondence Received from York Region Environmental Alliance
THAT the correspondence received from York Region Environmental
Alliance be received for information.
3. Memorandum from Mayor Morris
Re: Habitat Improvement Project at Highland Gate Golf Course
Presentation to Council (two minute video)
THAT Council receive the Habitat Improvement Project at Highland Gate
Golf Course presentation for information.
6. CFS10-006 — Statement of Remuneration and Expenses for
Members of Council, Committees and Local Boards
THAT report CFS10-006 be received for information purposes.
10. PR10-011 .2010 Community Grant Requests
(deferred from the March 23 General Committee meeting)
THAT the 2010 Community Grant requests received from the Aurora
Garden and Horticultural Society (AGHS) and 140 Aurora Air Cadet
Squadron be approved in the amount of $1,800.00.
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Council Meeting �l eta
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Apri! 13, 2010 Tuesday, March 30, 2010
Page 4 of l l
Minutes - 4
14. PL10-022 -Revisions to the Contract -- Consultant Retainer
for the 2C Secondary Plan
(deferred from the March 23 General Committee meeting)
THAT, the executed contract with the Planning Partnership pertaining to
the 2C Secondary Plan be revised to include additional peer reviews and
Environmental Assessment (EA) requirements and increased by $59,100
to a total contract value of $243,960 (excluding GST).
CARRIED
IX DELEGATIONS
(a) Ms Sher St. Kitts and Mr. John Cappelletti
Re: Item 4 - Memorandum from Councillor MacEachern
Re: Notice of Motion — Aurora Miler
Ms Sher St. Kitts addressed the Committee to request that the Aurora
Miler event become part of the Aurora Canada Day Parade. Ms St. Kitts
then introduced Mr. John Cappelletti who proposed that this event start off
the Canada Day Parade. Mr. Cappelletti advised that this type of event is
easily marshaled and may have a wide appeal with runners and walkers
wanting to participate. Ms St. Kitts advised that the Canada Day Parade
kick off party is at Jonathan's Fine Foods in Aurora on April 21, 2010.
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the comments of the delegate be received for information and
referred to item 4.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT item 4 be brought forward for discussion.
CARRIED
4. Memorandum from Councillor MacEachern
Re: Notice of Motion — Aurora Miler
(Notice of Motion provided at March 23, General Committee)
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT Council approve the Aurora Miler in principle, as outlined in the
attached proposal as submitted by the Aurora Miler organizers; and
FURTHER THAT staff report back to Council in a timely fashion seeking
final approval.
CARRIED
-4.
Council Meeting Agqenda
CoAncli Meeting Minutes
April 13, 2010 Tuesday, March 30, 2010
Page s of 11
Minutes - 5
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Moved by CouncillorMacEachern Seconded by Councillor McRoberts
THAT the Procedural By-law be waived to allow item 3 (a two minute
video) regarding Habitat Improvement Project at Highland Gate Golf
Course be shown.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the two minute video regarding Habitat Improvement Project at
Highland Gate Golf Course be received for information.
CARRIED
1. General Committee Meeting Minutes, Tuesday, March 23, 2010
Delegation (b) Ms Susan Walmer, on behalf of the Oak Ridges Moraine
Land Trust, Re: Item 13 - PRIO-014 - McLeod Wood Nature Reserve
Moved by CouncillorMacEachern Seconded by Councillor Granger
THAT the minutes of the March 23, 2010 General Committee meeting be
revised to reflect the delegates comments as:
Ms Walmer provided the Committee with an overview of the
economic and environmental benefits of the McLeod Woodlot and
expressed her sincere appreciation that the McLeod Wood Nature
Reserve In Aurora is being protected and commended Council and
staff for supporting this' Initiative and advised that the Oak Ridges
Moraine Land Trust is not able to apply for the tax exemption until
the rezoning takes place.
CARRIED
(12) PRI O.013 -Peace Flame Tree
Moved by Councillor McRoberts Seconded by Councillor Granger
THAT the Church Street School Cultural Centre Board be requested to
assist in the development of a public Art Policy for Council's consideration.
CARRIED
Moved by Councillor McRoberts Seconded by Councillor Granger
THAT Council approve installation of the Peace Flame Tree at Town Hall
with the specific location to be determined by staff taking into
consideration concerns raised at the General Committee meeting of
March 23, 2010.
On a recorded vote the motion was CARRIED AS AMENDED.
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Council Meeting�Uecq
sting Minutes
April 13, 2010 Tuesday, March 30, 2010
Page 6 of 11
YEAS: 4
VOTING YEAS:
VOTING NAYS:
NAYS: 2
Minutes - 6
Councillors Collins-Mrakas, Granger, MacEachern and
Mayor Morris
Councillors Buck, and McRoberts
Councillors Gaertner, Gallo and Wilson were absent.
Moved by Councillor McRoberts Seconded by Councillor Granger
THAT the balance of the minutes of the General Committee meeting of
March 23, 2010 be received and the recommendations carried by the
committee be approved.
CARRIED
6. CLS10-009—Town Hall Receptionist Positions
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT Council approve the conversion of the two permanent part-time
Receptionist positions at Town Hall to a single full-time position and that
the full-time staff complement be increased by one and eliminate two part
time positions.
CARRIED
(ITEMS DEFERRED FROM GENERAL COMMITTEE —MARCH 23, 2010)
1. AAC10-03 — Accessibility Advisory Committee Meeting
Minutes of March 3, 2010
(6) Site Plan Application (Submission #1)
Coland Developments Inc.
222, 230, 236, 244 Wellington Street East
File No. D11.11.08 (A)
(Added Item)
Moved by Councillor Granger Seconded by Councillor Collins-Mrakas
THAT the Accessibility Advisory Committee recommend to Council, it be
requested to consider the following suggested amendments to the Site -
Plan application from Coland Developments Inc.:
• addition of an elevator to the proposed building at 222 Wellington
Street East; and
• addition of a pedestrian cross -walk and appropriate curb depressions
to allow at -grade access between 230 and 244 Wellington Street East
at the South end; and
• appropriate curb cuts and depressions to provide at -grade access
across the break in sidewalks at loading area located on the east side
of 236 Wellington Street East; and
• additional designated accessible parking for 222 Wellington Street
East; and
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Council Meeting�et�geaeting Minutes
April 13, 2010 Tuesday, March 30, 2010
Page 7 of 11
Minutes - 7
THAT the balance of the Accessibility Advisory Committee meeting
minutes of March 3, 2010 be received for information and the
recommendations contained therein be approved.
CARRIED
6. CAOf 0-003 - York Region Courts for Provincial Offences.
Proposed Amendments to inter -Municipal Agreement
Moved by Councillor Granger Seconded by Councillor MacEachern
THAT Council receive for information Report No. 8 of the Region of York
Finance and Administration Committee "Provincial Offences Act Courts
Amended Intermunicipal Agreement" that was adopted by Council of the
Region of York on November 19, 2009; and
THAT Council endorse the Region of York's proposal to execute a new
"York Region Courts Inter -Municipal Agreement" amending the current
funding distribution as follows:
a) Funding distributed to the local municipalities be increased from
$2.9 million to $4.3 million in 2010;
b) The Region to retain all revenue except those specifically resulting
from local municipal prosecutions commencing in 2011;
c) The Total amount of $4.3 million be transferred from the Region to
the local portion of the property tax bill commencing in 2011,
effecting a transfer of tax room to the Town of Aurora in the amount
of $209,641.00; and
THAT Council authorize the Chief Administrative Officer to negotiate a
new inter -municipal agreement to be developed and executed for York
Region courts, reflecting this new funding distribution as described in
Recommendation number two above and an appropriate governance
model that will ensure equitable, high quality and accountable court
services to the Town of Aurora; and
THAT staff report back with the draft agreement for consideration by
Council.
CARRIED
CLS10-007 - Pending List
Moved by Councillor McRoberts Seconded by Councillor MacEachern
THAT item NB76 of the Pending List be deleted.
CARRIED
Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas
THAT report CS10-007 be received for information.
CARRIED
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April 13, 2010 Tuesday, March 30, 2010
Page 8 of 11
Minutes - 8
XI REGIONAL REPORT
York Region Council Highlights — March 25, 2010, Mayor's Report
Moved by Councillor MacEachern Seconded by Councillor Granger
THAT the Regional Report be received for information.
CARRIED
Xll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS
Councillor Collins-Mrakas provided a Notice of Motion requesting that the Aurora
Town Council formally request the Minister of Municipal Affairs and Housing to
exercise his authority under the Strong Communities Act and or the amended
Planning Act to declare an interest in the appeal of Westhill Redevelopment
Company Limited, proposed golf course and condominium development,
currently before the Ontario Municipal Board launched by Westhill.
Councillor Buck provided a Notice of Motion to request reconsideration of the
motion regarding the marker at McKenzie Marsh.
Mayor Morris advised that court decision had been received and that no costs
were awarded against the Town or residents with respect to the Westhill
Development appeal and requested that the Town Solicitor confirm this
information. Mr. Cooper confirmed that submissions were heard regarding the
costs and the Divisional Court ruled that no costs would be awarded against the
Town as had been requested by Westhill.
Councillor McRoberts advised of the Easter Egg Hunt on Saturday, April 3, 2010
being held at the Seniors Centre at 10:00 a.m. until noon, children 12 and under
are $5.00 per child and parents are free. Councillor McRoberts advised that
tickets must be purchased in advance and can be purchased at the Stronach
Aurora Recreation Centre or the Aurora Family Leisure Complex. Councillor
McRoberts added that pancakes are available as well.
Mayor Morris advised that the Pancake Breakfast is being held by the Aurora
Seniors Association and the Optimists Club for a nominal fee.
Councillor Buck asked who designed the poster for the Easter event, to which the
Chief Administrative Officer replied that he will investigate and advise the
Councillor but believed It was either Communications or Special Events staff.
Councillor Buck congratulated staff for the beautiful work.
XIII CLOSED SESSION
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT Council receive the correspondence from Ms Christine Sadler for
information; and
THAT Council resolve into a Closed Session, following adjournment, to
consider:
1) Litigation .or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
(Deferred from the March 23 General Committee meeting)
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Council MeefingPliPP ting Minutes
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April 135 2010 page 9 of 11
Minutes - 9
• Westhill Redevelopment Company Limited; Ontario Municipal
Board Appeal to receive additional information regarding
proceeding
• Correspondence from Ms Christine Sadler
Member of "The Friends of the Bloomington
Wetlands"
(Delegate at the March 23, 2010 General Committee Meeting)
2) Personal matters about an identifiable individual, including
municipal or local board employees;
CA010-004 —Services Contract for the Integrity
Commissioner for the Town of Aurora
3) Labour relations or employee negotiations;
• CUPE Negotiations Strategy and Direction,
o Current contract expires March 31, 2010.
CARRIED
Council recessed at 8:54 p.m, to resolve into Closed Session.
Council reconvened at 10:55 p.m.
Councillors Gaertner and Wilson were absent
Closed Session - Rise and Report
2. Personal matters about an identifiable individual, including municipal or local
board employees;
CA010-004 -- Services Contract for the Integrity Commissioner for the
Town of Aurora
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT Council approve the Services Contract for the provision of Integrity
Commissioner services to be provided by. David Tsubouchi; and
Tsubouchi
THAT the Mayor and Clerk be authorized to execute the Services Contract
for the provision of Integrity Commissioner services to be provided by
David Tsubouchi; and
THAT Council enact By-law 5229-10 being a By-law to appoint an Integrity
Commissioner.
On a recorded vote the motion was CARRIED.
YEAS:4 NAYS:3
VOTING YEAS: Councillors Gallo, Granger, MacEachern and Mayor Morris
VOTING NAYS: Councillors Buck, Collins-Mrakas and McRoberts
Councillors Gaertner and Wilson were absent.
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April 13, 2010 Page 10 of 11
Minutes - 10
Moved by Councillor MacEachern
Seconded by Councillor Gallo
THAT Council enact By-law 6228-10 being a By-law to amend the Council
Code of Conduct to amend sections 12 and 13 changing the designate
from the Director of Corporate Services to the Director of Customer and
Legislative Services/Town Clerk and in the absence of the Director of
Customer and Legislative Services/Town Clerk that the designate be the
Director of Legal Servicesrrown Solicitor.
On a recorded vote the motion was CARRIED.
YEAS:6 NAYS:1
VOTING YEAS: Councillors Collins-Mrakas, Gallo, Granger, MacEachern,
McRoberts and Mayor Morris
VOTING NAYS: Councillor Buck
Councillors Gaertner and Wilson were absent.
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT report CA010-004 in full together with the contract be placed for
information on the next General Committee agenda excluding Mr.
Tsubouchi's RFP bid response document which should remain
confidential.
On a recorded vote the motion was CARRIED UNANIMOUSLY.
YEAS:7 NAYS:0
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gallo, Granger,
MacEachern, McRoberts and Mayor Morris
VOTING NAYS: None
Councillors Gaertner and Wilson were absent.
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT Council reconvene into Closed Session regarding:
3. Labour relations or employee negotiations;
• CUPE Negotiations Strategy and Direction, Current contract
expires March 31, 2010
CARRIED
XIV READING OF BY-LAWS
Moved by Councillor Collins-Mrakas Seconded by Councillor Granger
THAT the following listed by-laws be given 1 st, 2nd and 3rd readings, and
enacted:
5224-10 BEING A BY-LAW to authorize the execution of an
amending agreement to extend the Agreement for the
Transfer of Federal Gas Tax. Revenues Under the
New Deal for Cities and Communities (Association of
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Council Meeting Agenda
A ril 13 2010 Council Meeting Minutes
p Tuesday, March 30, 2010
Page 11 of 11
Minutes - 11
5228-10 BEING A BY-LAW to amend the Council Code of
Conduct
5229-10 BEING A BY-LAW to appoint an Integrity
Commissioner
5227-10 BEING A BY -.LAW to confirm actions by Council
Resulting from Council Meeting 10-07 on March 30,
2010
CARRIED
XV ADJOURNMENT
Moved by Councillor Buck
THAT the meeting be adjourned at 11:07 p.m.
CARRIED
THE MINUTES OF THE COUNCIL MEETING 10.07 ARE SUBJECT TO FINAL
APPROVAL AT COUNCIL ON TUESDAY, APRIL 13, 2010.
PHYLLIS M. MORRIS, MAYOR
JOHN D. LEACH, TOWN CLERK
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Council Meeting Agenda ITEM'# -
April 13, 2010 AURORA
TOWN OF AURORA
GENERAL COMMITTEE MEETING MINUTES
NO, 10-07
Council Chambers
Aurora Town Hall
Tuesday, April 6, 2010
ATTENDANCE
COMMITTEE MEMBERS Councillor Buck in the Chair; Councillors Gaertner,
Gallo, Granger, MacEachern, McRoberts and Wilson
MEMBERS ABSENT Mayor Morris and Councillor Collins-Mrakas
OTHER ATTENDEES Chief Administrative Officer, Director of Customer and
Legislative Services/Town Clerk, 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, Director of Legal
Serviceslfown Solicitor, Senior Building Inspector,
Manager of By-law Services and Manager of
Legislative Services/Deputy Clerk
Councillor. Buck called the meeting to order at 7:03 p.m
I DECLARATIONS OF PECUNIARY INTEREST
None
11 APPROVAL OF AGENDA
General Committee recommends:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved with the following additions:
➢ Delegation (b) Ms Kim Pyke
Re: Item 5 — Memorandum from the Director of Customer and
Legislative Services/Town Clerk
Re: CA010-004 — Services Contract for the Integrity
Commissioner for the Town
➢ Replacement pages 50 to 60
Re: Item 3 - Report No. CA010-005 — Internal Audit Report
Waste Collection Contract
CARRIED
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Council Meeting Agenda ITEM # 1-2
April 135 2010 General Committee Meeting Minutes
Tuesday, April 6, 2010
Page 2 of 6
M ADOPTION OF PREVIOUS MINUTES
General Committee Meeting Minutes of Tuesday, March 23, 2010
General Committee recommends.,
THAT the General Committee meeting minutes of Tuesday, March 23,
2010 be adopted.
CARRIED
IV POSSIBLE WARD QUESTION ON THE BALLOT/DELEGATIONS
Councillor Buck inquired if anyone from the audience would like to speak
regarding the possible ward question on the ballot to which no one responded.
V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1, 2, 5, 8, 10 and 11 were identified for discussion.
V1 ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Items 3, 4, 6, 7 and 9 were identified as 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 same:
3. CA010-006 - Internal Audit Report - Waste Collection Contract
THAT Council receive report CA010-005 for information.
4. CFS10-010 - Procurement Card Update and Authorization
THAT Council authorize the Director of Corporate & Financial Services -
Treasurer to execute documents and agreements necessary to secure the
services of a procurement card solution from US Bank Canada and US
Bank National Association; and
THAT staff report back to Council regarding safeguards and control
measures developed for the procurement card program prior to deploying
cards to Town staff.
6. CLS10.008 — Election Compliance Audit Committee
THAT report CLS10-008 be received for information; and
THAT Council endorse participating with other interested YorkRegion
municipalities in establishing a Joint Compliance Audit Committee; and
THAT the Terms of Reference for the Joint Compliance Audit Committee
be adopted; and
THAT the Clerk or his designate be directed to work with other interested
York Region municipalities to recruit applicants for a Joint Compliance
Audit Committee. -13-
Council MeetingAN19 ftmittee Meeting Minutes
April 13, 2010 Tuesday, April 6, 2010
Page 3 of 6'
ITEM # 1-3
CLS10.011 —Possible Ward Question on the Ballot
THAT Report CS10-011 be received for information.
9. IF-S10-016 -Extension of Contract for Remedial Works
to Reduce Extraneous Flow in the Wastewater
Collection Systems
THAT Council approve the expenditures and works for the second year of
a three year contract No. PW2009-03 — For the Continuation of Remedial
Works to Reduce Extraneous Flows in the Wastewater Collection System
as awarded to Fer-Pal Construction Ltd. for a 2010 upset limit of
$1,430,000 excluding taxes; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
amended Form of Agreement between the Town of Aurora and Fer-Pal
Construction Ltd.
CARRIED
V11 DELEGATIONS
(a) Mr. Steve Hinder, Manager, Magna for Community and Mr. Alex Rail,
Manager, Canadian Cancer Society
Re: Relay for Life
Ms Lynn Pearson, Chair for the Relay for Life introduced Mr. Alex Reif,
Manager of the Canadian Cancer Society and Mr. Steve Hinder, Magna for
Community (the official sponsor of the event). Ms Pearson advised that the
event is being held on Friday, June 11, 2010 and requested an exemption to
the Town of Aurora Noise By-law In order to allow the bands to play
throughout the night at a reasonable volume to help keep the participants
awake. Ms Pearson advised that the Canadian Cancer Society will be
notifying surrounding residents of the event and will deal with any issues that
arise. Ms Pearson encouraged Council to form their own group to participate
in this important event.
General Committee recommends:
THAT the comments of the delegate be received for information..
CARRIED
General Committee recommends:
THAT Council approve. the request for an exemption to the Town of
Aurora Noise By-law.
CARRIED
(b) Ms Kim Pyke, Re: Item 6 - Memorandum from the Director of Customer
and Legislative Services/Town Clerk
Re: CA010.004- Services Contract for the Integrity Commissioner for the Town
At this point in the meeting Ms Pyke was not in attendance.
-14-
Council Meeting Agenda
ITEM # 1-4
April 13, 2010 General Committee Meeting Minutes
Tuesday, April 6, 2010
Page 4 of 6
Vill PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE
None
IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
1. BBS10-004 — Request for Sign Variance to Sign Bylaw No, 4898-07P
Suncore Energy (Petro-Canada)15612 Yonge Street
General Committee recommends:
THAT Council approve a request for a sign variance to permit a sign to
project beyond the limits of the canopy facia.
CARRIED
General Committee recommends:
THAT the Committee waive the Procedural By-law to allow Delegation (b)
Ms Pyke to speak.
WITZI71A91
(V(1 DELEGATIONS - Continued)
(b) Ms Kim Pyke, Re: Item 6— Memorandum from the Director of Customer
and Legislative ServiceslTown Clerk
Re: CAO10-004 —Services Contract for the Integrity Commissioner for
the Town
Ms Pyke inquired about obtaining the report regarding the Integrity
Commissioner and whether it has been made public and whether it can be
found on the Town's website. Ms Pyke further inquired about the agreement
and report with respect to the first Integrity Commissioner.
General Committee recommends:
THAT the comments of the delegate be received for information.
CARRIED
(IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION -
Continued)
2. BBS10-006—Door to Door Pet License Canvassers and Pet Store Vendors
General Committee recommends:
THAT Council approve the continuation of the''Door to Door Pet License
Canvassing Program for the 2010 licensing year; and
THAT Council require the Door to Door Pet License Canvassers and Pet
Store locations selling Town Pet Licenses to enter into an agreement with
the Town for this purpose; and
-15-
Council Meeting Agenda ITEM # 1-5
April 13, 2010 General Committee Meeting Minutes
Tuesday, April 6, 2010
Page 5 of 6
THAT the Mayor and Town Clerk be authorized to execute an agreement
with each of the Door to Door Pet License Canvassers recruited by the
Town and be authorized to sign a similar version of the agreement with
Pet Store locations selling Pet Licenses for the Town.
CARRIED
6. Memorandum from the Director of Customer and Legislative
Services/Town Clerk
Re: CA010-004—Services Contract for the Integrity Commissioner
For the Town of Aurora
General Committee recommends:
THAT the memorandum be received for information.
CARRIED
8. IES10.014 - Bullfrog Power Procurement 2010
General Committee recommends:
THAT Council approve continuation of the procurement of Green Power
from Bullfrog Power for 2010,
CARRIED
10, PL10-023 - Proposed Zoning/Registration By-law for
Second Suites (Two -Unit Houses/Basement Apartments)
File No. D14-18-08
General Committee recommends:
THAT the attached draft implementing zoning by-law to permit second
suites and draft second suites registration by-law be enacted; and
THAT the wording in the By-law be clarified to ensure that the one
entrance speaks to the main fagade of the building.
CARRIED
11. PL10.027 - Patch Log House
General Committee recommends:
THAT staff be authorized to. proceed with a Request for Proposal
regarding the restoration of the Patch Log House; and
FURTHER THAT staff and the Mayor meet with Whitwell to discuss
- -their responsibilities andparticipation in the restoration -of the Petch - -. -.... .... .. _ _. ...
Log House and that this update be reported to Council with the
Request for Proposal results.
CARRIED
-16-
Council Meeting Agenda
April 13, 2010 General Committee Meeting Minutes
Tuesday, April 6, 2010
Page 6 of 6
X CLOSED SESSION
General Committee recommends:
ITEM # 1-6
THAT General Committee defer the following Closed Session item:
1) Labour relations or employee negotiations;
(Deferred from the March 30, 2010 Council meeting)
CUPE Negotiations Strategy and Direction,
o Current contract expires March 31, 2010
CARRIED
XI NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS
Councillor Gaertner inquired of the Chief Administrative Officer as to how the
replacement pages 50 to 60 of report CAOIM05 were different from the ones
provided with the agenda. The Chief Administrative Officer advised that the
signature page was the wrong page in the original agenda and the attachment
provided with the Additional Items is more legible than the one provided in the
original agenda.
XII ADJOURNMENT
General Committee recommends:
THAT the meeting be adjourned at 8:22 p.m.
PHYLLIS M. MORRIS, MAYOR
CARRIED
JOHN D. LEACH, TOWN CLERK
- 17-
Council Meeting Agenda JITEM # 2-1
April 13, 2010
TOWN OF AURORA.
AURORA COUNCIL No. CA010-007
SUBJECT: Veteran Appreciation Day
FROM: Neil Garbe, Chief Administrative Officer
DATE: April 13, 2010
RECOMMENDATIONS
THAT Council approve a Veteran Appreciation Day Event on Saturday, May 8, 2010,
as outlined in this report; and
THAT an upsetlimit.of $5,000,00 be allocated from the Council Contingency to cover
the costs associated with the Veteran Appreciation Day ,Event.
PURPOSE OF THE REPORT
To obtain approval from Council for a Veteran Appreciation. Day Event together with the
required funding.
BACKGROUND
In 2006 the Historica-Dominion Institute. launched a special initiative designed to recognize
the contribution veterans have made in their community outside the traditional
Remembrance Day period. In 2010 the Historica-Dominion Institute is encouraging
communities to plan their own Veteran Appreciation Day to coincide with the 65
anniversary of the end.of the Second World War.
At the November 24, 2009 Council Meeting, Council directed as follows, namely:
THAT Council support the hosting of a Veteran Appreciation Day, to be held on
either May 8, 2010. (VE Day) or August 15, 2010 (VJ Day); and
THAT the matter be referred to staff for a report to General Committee on possible
options to recognize Veteran Appreciation Day.
To determine possible options to recognize Veteran Appreciation Day meetings have
been held with the executives of the Royal Canadian Legion Fred Tilston Branch 385
Aurora. Executives from the Royal Canadian Legion Fred Tilston Branch 385 Aurora
have offered their endorsement and support of a Veteran Appreciation Day.
-18-
Council. Meeting Agenda
Aprii..13, 2010
ITEM # 2-2
April 13, 2010 - 2 - Report No. CA010-007
COMMENTS
May 8, 2010 would be the preferred date to proceed with a Veteran Appreciation Day
as it coincides with the 65th anniversary of VE Day. More local residents will be
available to participate on this date as it does not conflict with the summer vacation
period.
As a result of discussions with the executives of the Royal Canadian Legion Fred
Tilston Branch 385 Aurora the following plan is being proposed:
• That the Veteran Appreciation Day on May 8, 2010 be a joint venture between
the Town of Aurora and the Royal Canadian Legion Fred Tilston Branch 385
Aurora.
• That a drumhead service be held at the Aurora Cenotaph including consecration
of the War Memorial steps further to the renovations undertaken in 2008,
• That a proclamation in honour of Veteran Appreciation Day be prepared and
read out.atthe service at the Aurora Cenotaph.
• That a meet and greet gathering including displays and period uniforms be
hosted at the Royal Canadian Legion Fred Tilston Branch 385 Aurora.
• That a dinner and dance be held at the Royal Canadian Legion Fred Tilston
Branch 385 Aurora where local veterans and their escorts will be invited to
attend as guests of the Town of Aurora.
Proceeding with this plan would require the involvement of the following Town staff:
Corporate Communications
• To provide media and advertising support.
Coordination for a photographer
Mavor's Office
• Preparation of a proclamation in honour of Veteran Appreciation Day.
• Coordination of a floral tribute to be laid at the Aurora Cenotaph.
• Coordination of boutonnieres/corsages and/or a small gift for veterans.
Coordination of entertainment, floral arrangements and decorations for
dinner/dance.
ALTERNATIVES TO THE RECOMMENDATION
That Council not approve the proposed plan set out in this report for a Veteran
Appreciation Day Event.
FINANCIAL IMPLICATIONS
The funding source forthe proposed Veteran Appreciation Day Event would be the Council
Contingency account.
-19-
Council Meeting Agenda ITEM # 2-3
April 13, 2010
April 13, 2010 - 3 - Report No. CAO10-007
The proposed costs for this event are estimated as follows:
Photographer $ 250.00
Boutonnieres/corsages and/ora small gift for veterans $ 500.00
Transportation of Veterans from Cenotaph to Legion $ 300.00
Ticket Cost for Veterans and their escort to attend
Dinner/dance as a guest $ 2,000.00
Entertainment, floral arrangements, decorations $ 1,400.00
Total Estimated Financial Commitment $ 4,450.00
All efforts will be made to obtain sponsorship opportunities which will reduce this
estimated financial commitment.
CONCLUSIONS
The Historica-Dominion Institute is encouraging communities to plan their own Veteran
Appreciation Day to coincide with the 65th anniversary of the end of the Second World War.
Endorsing the proposed plan for a Veteran Appreciation Day on May 8, 2010 with an
upset limit of $5,000.00 allocated from the Council Contingency will acknowledge the
important sacrifice made by veterans and allow community members an opportunity to
show their appreciation outside of Remembrance week.
ATTACHMENTS
None.
Prepared by. Kelly Gobbels, Executive Assistant to the CAO, ext. 4740,
Neil Garbe
Chief Administrative Officer
Ext. 4744
-20-
Council Meeting Agenda
April 13, 2010
ITEM # 3-1
TOWN OF AURORA
AURORA
COUNCIL MEETING No. PL10-031
SUBJECT: Proposed Interim Control By-law,
15064, 15074 & 15086-15088 Yonge Street
103 & 107 Temperance Street
16 Reuben Street & Subject Road Allowance
FROM: Marco Ramunno, Director of Planning & Development Services
Christopher C. Cooper, Director of Legal Services/Town Solicitor
DATE: April 13, 2010
RECOMMENDATION
THAT Staff be directed to undertake a review of the land use planning policies in
respect of the properties identified as the subject lands and the function of the laneway
(public road allowance) used by those properties, and report back to a future General
Committee meeting outlining the results of the review, including recommendations;
and
THAT an interim control by-law that applies to the subject lands be enacted for a period
of six months from the date of the passing thereof.
PURPOSE
The purpose of this report is to obtain Council direction for Staff to undertake a review in order
to determine the function of the subject road allowance and to determine the appropriate land
use planning policies for the properties that rely on the road allowance for access.
NOTIFICATION
A notice will be placed. in the local newspaper and notices will be mailed out to the affected
property owners in order to inform the public of the enactment of the interim control by-law, as
required under Section 38 of the Planning Act
BACKGROUND
Following the submission of a site plan application to convert the existing dwelling located at
15086 and 15088 Yonge Street to a Montessori school, the issue of the function of the subject
laneway/road allowance and the appropriateness of the permitted land uses arose. Staff
believes that the best way to determine the proper function of the laneway and the
appropriateness of the permitted land uses for the properties that rely on the road allowance
for access is to undertake a review of the area. Section 38 of the Planning Act allows a
municipality.to pass an interim control by-law, which would prohibit the use of land, buildings
or structures within the municipality or within the defined area or areas thereof until a review or
study of land use planning policies in the municipality or in any defined area or areas thereof
is undertaken. Staff are therefore recommending this approach.
-21-
Council Meeting Agenda
April 13, 2010
ITEM '# 3-2
April 13, 2010 - 2 - Report No. PL10-031
Furthermore, other than the site plan application to convert the existing dwelling located at
15086 and 15088 Yonge Street to a Montessori school, no other planning or building permit
applications have been submitted for the lands that would be affected by the proposed interim,
control by-law.
ALTERNATIVES TO THE RECOMMENDATION
Council has the option of not enacting the proposed interim control by-law.
FINANCIAL IMPLICATIONS
Staff are proposing to complete the work associated with the review of the land use planning
policies and requirements of the laneway.
CONCLUSION
The Town has received a site plan application to convert the existing dwelling located at
15086 and 15088 Yonge Street to a Montessori school.. Upon the review of the application,
the issue of the proper function of the subject laneway and the appropriateness of the
permitted land uses for the properties which rely on the road allowance for access arose. It is
recommended therefore, that an interim control by-law be enacted in order to allow Staff to
undertake a review in respect of land use planning policies.
ATTACHMENTS
Appendix A: Proposed Interim Control By-law
PRE -SUBMISSION REVIEW
This report was reviewed by the Executive Leadership Team on March 31, 2010.
Prepared by., Fausto Filipetto, Policy Planner
Extension 4342
arco m nno, m,'w.P., R,P.P.
Director of Planning & Development
Services
�n
Neil Garbe '
Chief Administrative Officer
ChristopherC. Cooper
Directorof Legal Services/Town Solicitor
-22-
Council Meeting
April 13, 2010
ITEM # 3 - 3
APPENDIX A
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5231-10
A BY-LAW to amend
Zoning By-law No. 2213-
78, as amended.
BEING AN INTERIM CONTROL BY-LAW PASSED PURSUANT TO
SECTION 38 OF THE PLANNING ACT, R.S.O. 1990 c. A 13, .AS
AMENDED
WHEREAS Section 38 of the Planning Act, R.S.O. 1990, c. P.13, as amended,
provides that the council of a local municipality may pass an interim control by-law
where the council has, by by-law or resolution, directed that a review or study be
Undertaken in respect of land use planning policies in the municipality or in any
defined area or areas thereof;
AND WHEREAS the purpose of an interim control by-law is to prohibit the use of
land, buildings or structures within the municipality or within the defined area or
areas thereof for, or except for, such purposes as are set out in the by-law during the
prescribed period of the review or study;
.AND WHEREAS the Council of the Corporation of the Town of Aurora (the
"Council") has directed Staff to undertake, a,.review to determine the function of the
road allowance identified in Schedule "A" to this By-law (the "Road Allowance") and
to determine the appropriate land uses for the properties which rely on the road
allowance for access (collectively, the "Subject Lands" identified in Schedule "A" to
this By-law), which review is to be implemented by way of amendments to the
Town's Official Plan and Zoning By-law;
AND WHEREAS the Council deems it reasonable and appropriate to enact an
interim control by-law to afford the Town the opportunity to undertake the required
review with respect to.the land use planning policies applicable to the Subject Lands
and in order to determine the function of the Road Allowance;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
THAT this By-law applies only to those lands identified In Schedule "A"
attached hereto and forming part of this By-law.
2. THAT notwithstanding the permitted uses and regulations set out in the
Zoning By-law, no person shall use any land, buildings or structures in the
Subject Lands, or expand any use of the land, or erect any buildings or
structures in the Subject Lands, including any additions thereto, except for
such uses as are in existence on the day of the passing of this By -taw.
3. THAT subject to the Council amending this By-law to extend the period of
time during which it will be in effect, this By-law shall come into force and take
. 23 -
Council Meeting Agfnda I By-law' No 4231-10. Fege 2(ITEM # 3-4
April 13, 2010 ef 3
effect immediately upon its passing, and it shall remain in full force and effect
for a period of six (6) months from the date of its passing.
READ A FIRST AND SECOND TIME THIS 13TH DAY OF APRIL, 2010.
READ A THIRD TIME AND FINALLYPASSED 13TH DAY OF APRIL, 2010.
.Phyllis M. Morris, Mayor
John D, Leach, Town Clerk
Apas Ea7mm
y Se+vlus
s�aewrc �-
wR a
-24-
Council Meeting Aginda II
April.13, 2010 BY law No 4231-10
Explanatory Note
Re: Interim Control By-law No. 6231-10
The Subject Lands are identified on Schedule "A" of this Interim Control By-law. The
purpose of this By-law is to prohibit, for the period of six (6) months, the use of the
Subject Lands for any other purpose than the uses existing as of the date.of the
passing of this By-law. This By-law will allow the completion of a review to
determine the function of the subject road allowance and the appropriate land uses
for the properties which rely on the road allowance for access.
-25-
Council Meeting Agenda
April 13, 2010
ITEM # 3-6
Schedule "A'' To By -Law No.W.231-10
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: .16064,16074'& 1508645088 YONGE STREET
103 & 107 TEMPERANCE STREET
16REUBEN STREET & LANE (AS IDENTIFIED ON PLAN 39).
L�i%v''�i" LANDS SUBJECT TO INTERIM CONTROL BY-LAW 4231-10.
5i1.,,...:
"rs
�`
a-[.
:::%) .:�^ ;,•: a :�?''` %ilv::
y: -F }
Reuben St
I
-26-
Council Meeti nda
April 13;���0� A
ye"In- IP& �DO[G LONtPAV �•
MEMORANDUM
ITEM # 4- 1
Office of the Mayor
Date: April 13, 2010
To: Members of Council
From: Mayor Phyllis Morris
Re: The Lieutenant Governor's Ontario Heritage Awards
RECOMMENDATION:
THAT Council;
❑� Receive for information
❑ Endorse the recommendations
❑ Provide direction
- 27 -
Council Meeting Agenda
April 13, 2010
E�ONTARIO
HERITAGE
III TRUST
An agency of the Government of Ontarlo
March 3, 2010
Her Worship Phyllis M. Morris
Mayor of the Town of Aurora
1 Municipal Drive
Aurora, ON
L4G 6J1
Your Worship:
ITEM
10AdelaideffleatEaet2010
Toront t o 5C iJ3
` " OFFIC
Telephone: 416-325-5000
Fax :416-325-5071
www.herltagetrust.on.ca
I would like to take this opportunity to congratulate the members of your Council and the citizens of
Aurora on.being the recipient of the 2009 Lieutenant Governor's Ontario Heritage Award for
Community Leadership for communities with a population of 50,000 to 125,000.
The presentation ceremony -was a wondedUl occasion. The Trusi was pleased that<so many ofthe
recipients were present, and honoured that Lieutenant Governor David C. Onley was on hand to
address our.guests and participate in the ceremony.
I am enclosing photos taken that afternoon, along with a copy of the official program, which I hope
you will accept with my best wishes.
Sincerely,
The Honourable Lincoln M. Alexander
Chairman
-28-
Council Meeting Agenda
April 13, 2010
Town of Aurora JITEM # 5-1
Customer and Legislative Services
MEMORANDUM
DATE: April 13, 2010
TO: Mayor and Members of Council
FROM: John D. Leach, Director of Customer and Legislative Services/Town Clerk
RE: Service Contract for the Integrity Commissioner for the Town of Aurora
RECOMMENDED:
THAT this memorandum be received for information.
The purpose of this memorandum is to provide additional information so as to clarify and
confirm the process followed and the information made public. The matter of the
appointment of the Integrity Commissioner was considered in Closed Session on March 30,
2010. The recommendations were reported out publicly that evening and Mr. David
Tsubouchi was appointed to the position of -Integrity Commissioner (Council Extract -
Attachment 1).
At that time Council directed that report CA010-004 be placed on the next General
Committee agenda excluding Mr. Tsubouchi's bid response document which remains
confidential. The entire unaltered report as it had appeared on the Closed Session agenda in
March 30, 2010 was presented as item 5 on the General Committee agenda of April 6, 2010
(Attachment 2 for easy reference).
Yours sincerely,
John D. Leach
Director of Customer and Legislative Services/Town Clerk
29 - Printed on 9-Apr-1 C
Agenda ATTACHMENT 1 ITEM
April 11, 2010 /-
Ai.UIZORA
EXTRACT FROM COUNCIL MEETING NO. 10-07
HELD ON TUESDAY, MARCH 30, 2010
X111 CLOSED SESSION- Rise and Report
2. Personal matters about an identifiable individual, including municipal or local board
employees;
CA010-004 — Services Contract for the Integrity Commissioner for the Town of
Aurora
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT Council approve the Services Contract for the provision of Integrity
Commissioner services to be provided by David Tsubouchi; and
THAT the Mayor and Clerk be authorized to execute the Services Contract for
the provision of Integrity Commissioner services to be provided by David
Tsubouchi; and
THAT Council enact By-law 5229-10 being a By-law to appoint an Integrity
Commissioner.
On a recorded vote the motion was CARRIED.
YEAS:4 . NAYS:3
VOTING YEAS:. Councillors Gallo, Granger, MacEachern and Mayor Morris
VOTING NAYS: Councillors Buck, Collins-Mrakas and McRoberts
Councillors Gaertner and Wilson were absent.
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT Council enact By-law 5228-10 being a By-law to amend the Council Code
of Conduct to amend sections 12 and 13. changing the designate from the .
Director' of Corporate Services to the Director of Customer and Legislative
Services/Town Clerk and in the absence of the Director of Customer and
Legislative Services7Town Clerk that the designate be the Director of Legal
Services/Town Solicitor.
On a recorded vote the motion was CARRIED.
-30-
Council Meeting Agenda ITEM # . 5-3
April r &49t%ract — March 30, 2010 Page 2 of 2 .
YEAS:6 NAYS:1.
VOTING YEAS: Councillors Collins-Mrakas, Gallo, Granger, MacEachern,
McRoberts and Mayor Morris
VOTING NAYS: Councillor Buck
Councillors Gaertner and Wilson were absent.
Moved by Councillor MacEachern Seconded by Councillor Gallo
THAT report CA010-004 in full together with the contract be placed for
information on the next General Committee agenda excluding Mr.. Tsubouchi's
RFP. bid response document which should remain confidential.
On a recorded vote the motion was CARRIED UNANIMOUSLY.
YEAS:? NAYS:0
VOTING YEAS: Councillors Buck, Collins-Mrakas, Gallo, Granger, MacEachem,
McRoberts and Mayor Morris
VOTING NAYS: None
Councillors Gaertner and Wilson were absent.
t
.31.
Council Meeting Agenda ITEM # 5-4
.April 13, 2010 ATTACHMENT -2
TOWN OF AURORA
AUR-01 .A. CLOSED SESSION COUNCIL. REPORT No. CA610A04
SUBJECT-, Services. Contract for the Integrity Commissioner for the Town of
Aurora
FROM: Neil Garbe, Chief Administrative Officer
DATE: March 30, 2010 . .
RECOMMENDATIONS
THAT Council approve the services contract attached to this report for the provision
of Integrity Commissioner Services to be provided -by David Tsubouchi; and
THAT the Maybrand Clerk be authorized to execute the services contractattached to .
this report for the provision of Integrity Commissioner Services to be provided by
David Tsubouchi; and .
THAT Council enact By law No. 522940, being_ a By. -law to appoint an Integrity .
Commissioner; and
T
HAT .Coancil enact By-law No. 5228-10, being a(By--law to amend the Coinwil Code.
.of Conduct; and
THAT this report in full together with the contract be placed forInformation on the .
nett . General Conimittec agenda excluding Mr Tsubbushl's RFP bid response.'
docuinent which should remain confldentiaf.
PURPOSE OP. THE REPORT
To receive Council • approval to:
1. Proceed with the services contract for the provision of Integrity Commissioner;
Services to be provided by David.Tsubouchi (see Attachment#1);
2. Recommend the enactment of a By-law to appoint an Integrity Commissioner
(Attachment #2); and
3. Recommend the enactment of By-law to effect a minor amendment to the Council
Code of Conduct (Attachment #3). .
BACKGROUND
At the January 26, 2010 Council Meeting, Council directed as follows, namely:
-32-
Council Meeting Agenda ITEM #
April 13, 2010
March 30, 2010 ' - 2 - Report No.CAO10-604
THAT Request for Proposal ADM2009-93.for Integrity Commissioner Services for the
Town of Aurora'be-awarded to'David Tsubouchi; and
THAT staff negotiate and finalize an. agreement for the provision of these services and
report back With the final agreement for approval.
Staff negotiated and prepared a draft _services contract for the provision of Integrity
Commissioner Services. The draft services contract is ready to be finalized pending.
Council's approval.
COMMENTS.
The $ervices Contract
TheTown Solicitor prepared. the attached services contract and -has had discussions with
Mr. Tsubouchi. Mr. Tsubouchi is prepared to execute the services contract and commence
his services in accordance with the contract.
.Thd Appointing By-law
Subsection 5(3) of the Municipal Act; 2001, as amended, provides that a municipal power
shall be exercised by by-law: unless the municipality ,is specifically authorized to. do.
otherwise: Accordingly,.a by-law is:required to be enacted for the purpose of appointing an
Integrity Commissioner:
TM-Ame'nding By-law
On June 24, 2008, Council adopted by by-lawthe Council Code of Conduct. Accordingly.,
and given the foregoing, any and all amendments to the Council Code. of Conduct must be
made by by-law. Staff hereby recommends that, given the recent corporate administrative
reorganization, all r6ferences in the Council Code of Conduct to the' Directo.raf Corporate
$ervrcee be deleted and replaced with the "Town Clerk."
It is also recommended. that this report in full be made public. toetherWith the contract.
The exertion is that Mr. Tsubouchi's bid response document should be kept confidential as
is the practice at the Town. If approved, the recommendations could be reported out at the
March 30,' 2010 meeting. and the full report would be placed on 'the next General
Committee meeting-.
AL.TBRNATIVE(S) TO THE RECOMMENDATIONS
1. That Council not approve the attached services contract for the provision of Integrity
Commissioner services for the Town of Aurora.
2. That, subject to the first alternative, Council not enact a By-law to appoint an
Integrity Commissioner.
3. That Council not enact a. By-law to effect a minor amendment to the Council Code of
Conduct.
-33-
-Council Meeting Agenda ITEM # 5 - 6.
'April 13, 2010
March_ 30, 2010 -.3: Report No.CA010-004
FINANCIAL IMPLICATIONS
The cost for the services of the Integrity Commissioner` will be dependant on usage. The .:
contract negotiated with David Tsubouchi has a yearly limit of.$60;000.00. -
CONCLUSIONS
David Tsubouchi is a member in good standing with.the Law`Soctety of Upper Canada.
He brings a wealth of experience from.the public sector and as an elected official
municipally and provincially. The attached. services contract for Integrity Commissioner
services was prepared by staff and is ready.for approval. by Council. Mr. Tsubouchi is .
prepared to execute the agreement and commence his services in accordance with the.
contract.
In consideration of the above, it is .recommended that Council. approve the attached
senlices contract, authorize the Mayor and Cleric to execute the contract, and approve the
balance of the recommendations in this memorandum.
ATTACHMENTS
Attachment #1.
Attachment 92
Attachment #3
Draft Services Contract between The. Corporation of the Town of
Aurora and David H. Tsubouchi.
A By-law to appoint an Integrity Commissioner..
A By-law to -amend the Council Code of Conduct.
Neil Garbe '
Chief Administrative Officer
Ext. 4744
34 -
Council Meeting Agenda ITEM # 5-7
April 13, 2010 ATTAGIJMZN,, l.z
THIS SERVICES CONTRACT made in quadruplicate this day of 2010.
BETWEEN:
THE CORPORATION OF THE TOWN OK AURORA
(hereinafter the "Town")
PARTY OF THE FIRST PART
- and -
DAVID H. TSUBOUCHI
(hereinafter the "Commissioner")
PARTY OF THE SECOND PART, .
WHEREAS pursuant to subsection 223.2(1) of the Municipal Act, 200 S.O. 2001, .c.
25, as amended.(the `Het"), and without limiting sections 9, 10 and 11 o Act, we
sections auftrize._the municipality to esthblish codes of pond or of
Council of the municipality and of local boards of the municipal' ;
AND WHEREAS pursuant,to subsection 223.3(1) of Ac, n' hour limiting.
sections 9,10 and 11 'of the Act, those sections auth60 mun to appoint an
Integrity Comrttissicner who reports to Council and w s r . ns€bf or performing in
an Independent -manner the functions assigned by th unici with respeetto: (a)
the application of the bode of conduct for tvteirib C cil an the code of bonduct
for.membeis oflocal boards -or either of the Oon of any; procedures;
rules and policies o{•the-municipality and to o r vemin9 the ethical behaviour.'of
Members of Council and of local boards of or o em; or both of (a) and (b)
above; '
AND W"EftliAS on June 24, . Cou I ssed By -taw. Number'503"8.0 to
formatly.adopt a Codeof Cond o €ng embers of Council;
AND WHEREAS. subs 22 3( f e Act provides that, subject to PartV.1 of the
'Act, in'carrying out th €Idies escribed In'sUbsection 223.3(1) of the Acti the
Integrity Comri lWonet ercise _sucli powers and shall perform such duties as
may, be assigned 0 r e municipality;
AND WHE b 'on 23.1 of the Act provides that, without limiting seetons 9.10.
and 11 of a Act, ections authorize a municipality to delegate its powers and
.duties, Inc[ 'ne legi five and quasi-judicial powers, under the Act or any other Act to.
a p r s t to the restrictions set out in Part It of the Act,
AN WHER S, pursuant to Request for Proposal Bid # ADM 2009-93,.the Tow6
invitIs for the'sennces of an Integrity Commissioner for the Town for the
period en ing an June 30, 2011 (the "RFP"):
AND WHEREAS at its January 26, 2010 Meeting, Council resolved that the RFP for
Integrity Commissioner services be awarded to David H. Tsubouch€:
NOW THEREFORE, the Parties hereto agree with the other as follows:
APPOINTMENT OF THE INTEGRITY COMMISSIONER
1. Appointment by Byelaw. Subject to a by -taw being passed by Council and the
terms and conditions of this Services Contract (this "ContmcY), David Tsubbuchi is
appointed the Integrity Commissioner for the Town of Aurora,(the "Commissioner„).
-35-
Council Meeting Agenda
April 13, 2010
ITEM # 5 a
RESPONSIBILITIES OF THE COMMISSIONER
2, -Powers and Duties of the Commissioner. The powers and duties of the
Commissioner are as set out in Part VA of the Act. Without Limiting that Part, the
Commissioner may exerci§e such powers and shall perform such duties as maybe
assigned to him by the Town,
3. Additional Duties of the Commissioner. Certain additional. duties of 'the
Commissioner are as set out herein and .in section 3.2 of the RIFF, which is
attached hereto as Schedule "A" and forms part of this Contract.
4. Delegation: Pursuant to subsection 223.3(3) of the Act, the Commissioner may
delegate in writing to. any person, other than a member of Council, any of the
Commissioner's powers and duties under Part VA of the Act, and, pursuant to
subsection 223.3(4), the Commissioner may continue to exercise the delegated
powers and duties, despite the delegation.
.5. Delegation whore Conflict. Notwithstanding section 4 of this tract, the
Commissioner shall, in writing, delegate his duties to condu irrq to
report to Council on an inquiry where the Commissioner
(a) has provided advice to an Individual memb' f n regarding their
ethical obligations and rosponsib€I€fies u e f Conduct for
Members of Council, attached as ApPqq ix 1 the (the "Code of
Conduct'); and.
L the. member of Council is complaint and
If., the advice wasrouid .wit eat to the subject matter of the
coniptaink or,
(ti) has an actual orappa rest
0: Defegete Capable: ey .w f ng delegation under sections 4 or 5 of this
Contract, the Commis ' at It fisty himself that the person to,whom the
Commissioneeadu are b 1 alled Is fully capable of carrying their out.
7. Revocation of be, ti The Commissioner may, at any time:
(a) revo n made under section 4 of this Contract and carry out.
ed duties himself; or
( revoke a delegation made under section 5 of thls.Contract and make
elegatlon under section 5 of this Contract r
8. aty of orfrdenUality. Pursuant to subsection 223.5(1) and subject to subsection
of the..Act, the Commissioner- and every .person acting under,his
ins ons,'including their delegate, shall preserve secrecy with respect to all .
matters and materials that come to his or her knowledge in the course of his or her .
duties under Part VA of the Act This section shall survive the termination of this
Contract and any and all renewals thereof. Notwithstanding the generality of the'
foregoing, the Commissioner and every person acting under his instnictions,
Including their delegate, shall respect the Integrity of documents that are
proprietary to the Town and abide by any and all rules 'of restricted access
governing confidential and otherwise sensitive materials that they are permitted to
examine. The Commissioner hereby agrees not to divulge such confidential and
sensitive information to anyone, except with the oxpresg written agMariza66n of
the Town Clark, or as required by law or otherwise permitted in accordance with.
Part V.I. of the Ad. Within thirty (30) days of the termination of this Contract, the
Commissioner shall .return to the Town all documents. or reproductions thereof
obtained during the currency of this Contract and any and all renewals thereof.
.36-
Council Meeting Agenda
April 13, 2010
ITEM# 5-9
9. Compliance with MFIPPA,'etc.: Without omiting'the obligation to preserve secrecy,
as set out in section 8 of this Contract, the Commissioner and every person acting
under his instructions, including their delegate, shall ensure that they and, in
particular, any reports they prepare, comply at all times with the Municipal
Freedom of Information and Protection of Privacy Act,R.S.O. 1990, c. M.56, as
amended, and with the Towns Procedural By-law Number 4635-06.C, as
amended, regarding personal and personnel -related information.
RESPONSIBILITIES OF THE TOWN OF AURORA
10. Code of Conduct The Town will maintain and periodically review and update the
Code of Conduct; if necessary, subjectto the approval of Council.
11. Access to Members of the Public: The Clerk is responsible for ensuring that
Individual members of, the public are apprised of the functions of the
Commissioner, The Town will also provide the Commissioner with space and
equipment at Aurora Town Hall for the conduct of Interviews and tings, when
required. .
12. Non -Employee Status: Pursuant to subsection 223.3(5) the
Commissioner is not required to be a munipipal amp a o gin this
Contract shall be read to assume or Imply that the Co iss ar his delegate(s)
is a paid municipal employee or member of Town
INTERACTION wrim THE PUBLIC
13; Proprietary and.ConfrVonfiai Advice: Up ommissjoner will provide
direct infohnai advice to individuals o , pre a es of organizations and direct'
•
guidance to Courrncil as a whole: Th m sion revs hot to.speak directiyto' '
members of the media about s pia but'.wili refer media or public
questions about specific com f Administrative Officer and/or the
Manager of Corporate Com' . 'cation
14. Public Relations and r§:. w esponding to routine public questions frdm
citizens about the e o Co complaints process,'the Commissioner shall
exercise discreti a corm ton the.details of specific complaints.
15. Public Accc In :Copies of the Qommissbhers decisions- and his
annual re rt n to the Clerk, who will, In accordance with subsection .
223.6 make them available to ths'public.
ADMINIST TION THE COMPLAiNTS PROCESS
16. Proce ' g Complaints: Where the Commissioner receives a complaint about a
ernbe of Council, the Commissioner. shall process the said complaint in
ce with Part B of the Complaint Protocol as set out in the Code of
Con ud(the'Ptotccor)
17. Who is covered by the Code of Conduct and Complaint Process All elected'
Council Members (te.; the Mayor and Councillors) are subject to the complaints
process.
18r Reference to Appropriate Authorities in accordance with section 223.8 of the Act,
if the Commissioner, when conducting an inquiry, determines that there are
reasonable grounds tb.beGeve that there has been a contravention of any other Act
or of the Criminal Code (Canada), the Commissioner shall immediately refer the
matter to the appropriate authorities and suspend the Inquiry until any resulting
police investigation and charge Have been finally disposed of. Notwithstanding the
foregoing, the Commissioner shall immediately refer to the appropriate' authorlties
any complaints dealing with conflict of interest, sexual harassment, or other.
Violations of provincial statute or other Town policies outside the scope of the `
Commissioneesjujdiction.
Council Meeting Agenda
April 13, 2010
ITEM # 5 - 10
COMPLAINT PROCEDURI '
19. Exercise of Addlflonat Powers. Despite the procedure set.out in the Protocol, the
Commissioner, in conducting an inquiry into a. complaint about a member of
Council, may; pursuant to subsection 223A(2) of the Act, elect to exercise the •'
powers of a commission under Parts I and II of the Public Inquiries Act, R.S.O. .
1996, c. P.41,. as amended, in which case those Parts_ apply to the inquiry as if it
Were an inquiry under that Act.
20. Penalties: Pursuant to subsection 223A(5) of the Act, Council may impose either
of the following penalties on a Member of Council if the Commissloner'reports to.
the town that, in his opinion, the Member has contravened the Code of Conduct:: .
(a) A repdmand...
(b) Suspension of remuneration paid to the Member in peat of his or.
her services as a Member of Council.far a period of u 90 da
OTHER DETAILS
21. Remuneration::Remuheration for. the Integrity Co si ces provided
under this 6o444ct ghall accord with the billing t out Fee Schedule -
Included in the Proposal of David Tsdbouchi,wh' s a hed'h 'to as Schedule
'B' and forms part of this Contract. The Cogtm1 net t ubrmit his invoice's to .
the Clerk on a inonthly basis.
•22. 7erm and %rminaflom This !Contract eced by and between• the Town :and
the Commissionerwill be for part-ti s n independent contrdctor for
the Town for the period, ending J i 1, 'the option to renew for a further.
one (1). or two (2) dne-year s. a and the Commissioner shall have
the right to. terminate, this tract.. a n time upon the provision of one (1)
months'.written notice to arty
23. Notices: Any notice co u to be. given under this Contract shall be in.'
writing, may be at peso Ily, or sent by facsimile; charges. prepaid as. '
described below, . s be deemed to have been validly and effectively given
and receiv ive p onaNy, on the date of such delivery, and if transmitted .
by facsimile, e. recelvb&: unless. in either. case such notice or ..
comet delved, as.the.case may be, after 5:00 p.m. local time or on a
day ol er than b ness day (being Monday through Friday both inclusive except . .
foes tory h ays.in„the Province of Ontario) In whibdk case such notice or
u hall be :deemed to be received on the next business day. Any
such n r communication shall be addressed to the Parties hereto at their.
dd or facsimile numbers set out. below (or such other address or facsfmila
or a Party as may be designated by such Party from time toame by
notice :
TOWN: THE CORPORATION OF THE TOWN OF AURORA
1 Municipal Drive, Box 1000.
Aurora, Ontario, L4G 6J.1
Attention: Town Clerk
Telephone No.:,(906) 727-3123
Facsimile No.: (905) 7274993
COMMISSIONER: -DAVID H. TSUaOUCHI
600 - 60 Columbia Way,
Markham, Ontario L3R 009
Telephone No.: (905) 415-6766
Facsimile No.: (905) 415. M
-38-
Council Meeting. Agenda
April 13, 2010
ITEM.#'
24. Entire Agreement: This Contract, .and the Schedules attached hereto, constitutes
the entire agreement between the Parties pertaining to the provision of Integrity
Commissioner services and supersedes all prior agreements, understandings,
negotiations and discussions, whether oral or written, of the Parties. This Contract
may not be modified or amended. except pursuant to an agreement in writing
executed by the Town and the Commissioner.
25 Successors and Assigns. This Contract shall enure to the benefit of and be binding
upon -the successors and assigns of the Town and the permitted successors and .
assigns of the Commissioner, where the written consent of the Town has'been so
provided.
26. Governing Law. This Contract shall be interpreted under and is governed by the
laws of the Province of Ontario and the laws of Canada applicable therein.
27. Severabirsty. If any provision or provisions of this Contract are found to be void, -
voidable; illegal or unenforceable, it or they shall be conside separate and.
severable from the remaining provisions of this Contract, which sha main in full
force and effect and shall be binding upon .the Patties heret the aid
provision or provisions had never been. included. .
IN WITNESS WHEREOF the partieshave hereunto of ixe a n' and seal(s},.
applicable. as
- 39
"Council Meeting Agenda -
April 13, 2010
ITEM.#
SCHEDULE"A"
REQUEST FOR PROPOSAL BID # 2009-93
-.40 -