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MINUTES - General Committee - 20150217 TOWN OF AURORA GENERAL COMMITTEE MEETING REPORT Council Chambers Aurora Town Hall Tuesday, February 17, 2015 ATTENDANCE COUNCIL MEMBERS Councillor Humfryes in the Chair; Councillors Gaertner, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe MEMBERS ABSENT Councillor Abel OTHER ATTENDEES Chief Administrative Officer, Director of Building and By-law Services, Director of Corporate and Financial Services/Treasurer, Director of Infrastructure and Environmental Services, Director of Legal and Legislative Services/Town Solicitor, Director of Planning and Development Services, Manager of Business Support Services, Town Clerk, and Council/Committee Secretary The Chair called the meeting to order at 7:01 p.m. 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2. APPROVAL OF THE AGENDA General Committee approved the agenda as circulated by Legal and Legislative Services, with the following addition:  Replacement pages for Item 5 – LLS15-013 –Accountability and Transparency Policy Re: Attachment 1 – Accountability and Transparency By-law No. 5690-15 Replacement of Item 5 pages 6 to 9 (agenda pages 27 to 30) to include the missing pages (2, 4, and 6) of the draft By-law General Committee Meeting Report Tuesday, February 17, 2015 Page 2 of 9 3. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 4, 5, 10 and 11 were identified for discussion. 4. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 6, 7, 8 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: 6. PL15-016 – Delegated Agreements, 2014 Summary Report THAT Report No. PL15-016 be received for information. 7. PL15-017 – Request for Street Name Approval, Casing Developments Inc., 1114 Wellington Street East, File: SUB-2006-01 THAT Report No. PL15-017 be received; and THAT the following street name be approved for the proposed road within the approved Draft Plan of Subdivision, File SUB-2006-01: STREET “A” ELYSE COURT 8. PL15-018 – Authorization to Execute the Servicing Incentive Program (SIP) Tri- Party Agreement between York Region, Town of Aurora, and 2C West Subdivision Developers THAT Report No. PL15-018 be received; and THAT the Mayor and Town Clerk be authorized to execute each Tri-Party Agreement for the Servicing Incentive Program (SIP) between York Region, the Town of Aurora and each developer in the 2C West Landowners Group, including any and all documents and ancillary agreements required to give effect to same. 9. PR15-004 – Canadian Tire Jumpstart Program THAT Report No. PR15-004 be received for information. CARRIED General Committee Meeting Report Tuesday, February 17, 2015 Page 3 of 9 5. DELEGATIONS None 6. PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR None 7. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. CFS15-005 – Temporary Borrowing By-law General Committee recommends: THAT Report No. CFS15-005 be received; and THAT By-law Number 5686-15 be adopted to authorize the creation, maintenance, and, as necessary, utilization of temporary borrowing facilities by The Corporation of the Town of Aurora to meet the cash flow needs of the Town should the borrowing requirement arise, all subject to the authorizations and limitations of section 407 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended. CARRIED 2. IES15-009 – Award of Single Source Contract to Wamco Municipal Products Inc. General Committee recommends: THAT Report No. IES15-009 be received; and THAT a single source contract in the amount of $150,000 excluding taxes for the supply of Water Meters from Wamco Municipal Products Inc. be approved; and THAT the Director of Infrastructure and Environmental Services be authorized to renew the contract at the same rate for an additional five (5) one-year terms pending an annual analysis and performance review by the Director. CARRIED General Committee Meeting Report Tuesday, February 17, 2015 Page 4 of 9 3. IES15-010 – Facility Projects Status Report General Committee recommends: THAT Report No. IES15-010 be received; and THAT, notwithstanding the provisions and requirements of the Town’s Procurement By-law, MHPM Project Managers Inc. be retained for the fee of $75,400 (excluding taxes) to provide part-time support for the project administration and oversight duties currently performed by the Town for the Joint Operations Centre. CARRIED 4. Memorandum from Director of Infrastructure & Environmental Services Re: Widening of Industrial Parkway North and South General Committee recommends: THAT the memorandum regarding Widening of Industrial Parkway North and South be received; and THAT this memorandum satisfy Council’s conditional budget approval for Capital Project 31112; and THAT staff be authorized to proceed with Capital Project 31112 “Reconstr – Industrial Pkwy S – Wellington St to Industry St”. CARRIED AS AMENDED 5. LLS15-013 – Accountability and Transparency Policy General Committee recommends: THAT Report No. LLS15-013 be received; and THAT staff bring forward By-law Number 5690-15, “BEING A BY-LAW to define the accountability and transparency policies and procedures for The Corporation of the Town of Aurora” to a future Council meeting for enactment; and THAT the Accountability and Transparency Policy, Town Administration Procedure No. 67, as amended, be repealed on the day that By-law Number 5690-15 comes into force. CARRIED General Committee Meeting Report Tuesday, February 17, 2015 Page 5 of 9 10. PR15-005 – Aurora Optimist Club Programs for Youth General Committee recommends: THAT Report No. PR15-005 be received for information. CARRIED 11. Memorandum from Director of Building & By-law Services Re: Overnight Parking Enforcement at Town Park General Committee recommends: THAT the memorandum regarding Overnight Parking Enforcement at Town Park be received for information. CARRIED 8. NOTICES OF MOTION (a) Councillor Mrakas Re: Liquidated Damages WHEREAS most forms of building contracts include a clause referred to as "liquidated damages" that specifies the amount of damages that a contractor may be responsible for should the contractor fail to meet project timelines, including the completion date; and WHEREAS "liquidated damages" are a tool that can be used to ensure that projects meet timelines and the completion date; and WHEREAS the ability to meet time of delivery or performance of contractual obligations is an important factor in the award of any contract, and the Town may reasonably expect to suffer financial damages if performance targets and/or project timelines are not met; and WHEREAS the Town currently includes "liquidated damages" clauses in its tender/RFP documents that form part of the construction contract between the contractor and the Town; and WHEREAS the absence of a "liquidated damages" clause in a construction contract does not prevent the Town from recovering any financial losses against a contractor due to breach of contract terms such as a failure to meet a completion date, but its inclusion does serve as an important tool and warning to contractors that project timelines and completion dates must be met. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff place "liquidated damages" clauses in all future construction project contracts; and General Committee Meeting Report Tuesday, February 17, 2015 Page 6 of 9 BE IT FURTHER RESOLVED THAT if staff determines that a "liquidated damages" clause should not be included in a construction project contract, then staff must obtain the approval of Council prior to the removal of such clause. (b) Councillor Humfryes Re: Aurora Farmers’ Market & Artisan Fair WHEREAS the Aurora Farmers’ Market & Artisan Fair provides a valuable community service to our Town where citizens can purchase fresh local produce, healthy food items, and artisan wares; and WHEREAS the Aurora Farmers’ Market has proven to be a popular visitor and tourist attraction to Aurora in its ever-increasing growth by being a family-friendly and culturally rich destination that supports tourism and culture; and WHEREAS the Aurora Farmers’ Market runs weekly outdoors during the months of May to October at 49 Wells Street, and sporadically during winter months; and WHEREAS to enable the community to experience the Farmers’ Market on a continual basis during the winter months, the Aurora Farmers’ Market is considering running a winter Farmers’ Market & Artisan Fair at the Aurora Armoury; and WHEREAS the Aurora Armoury rental fee of $375 per day is a deterrent to hold an indoor winter market more frequently and cannot be sustained successfully by the Aurora Farmers’ Market. NOW THEREFORE BE IT HEREBY RESOLVED THAT rental fees for an indoor winter Farmers’ Market at the Aurora Armoury be waived as the Aurora Farmers’ Market & Artisan Fair contributes an abundance of enjoyment, convenience and usefulness to citizens of Aurora and beyond. (c) Councillor Thompson Re: Development of a Sport Plan WHEREAS the Town of Aurora recently proclaimed 2015 the Year of Sport in Aurora; and WHEREAS Aurora’s Strategic Plan identifies “Supporting an exceptional quality of life for all” as a primary goal and “Encouraging an active and healthy lifestyle” as one of the key objectives to achieving this goal; and WHEREAS people who are physically active tend to live longer, healthier lives and feel that it adds not only to their well-being but to the quality of their lives as well; and General Committee Meeting Report Tuesday, February 17, 2015 Page 7 of 9 WHEREAS sporting activities can provide character building activities and teach our children character building traits like; leadership, respect, responsibility, perseverance and many other positive traits; and WHEREAS Aurora has been identified as a potential Canadian Sport for Life Community (CS4L) and organized meetings have occurred in the Town to help develop Aurora as one of Canada’s healthiest communities; and WHEREAS the Federal Government revised their Canadian Sport Policy in 2012 to better reflect the importance of enhanced collaboration amongst all stakeholders to achieve the goals of enhanced participation, excellence, capacity and interaction in sport; and WHEREAS a Sport Plan is a strategic document that is intended to provide direction and recommendations to support the sustainability and growth of sport in a given community. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff report to Council on the development of a Sport Plan for the Town of Aurora. (d) Councillor Mrakas Re: Winter Maintenance Service WHEREAS residents of and businesses in Aurora have raised concerns about the adequacy of winter maintenance service levels; and WHEREAS the residents of and businesses in Aurora expect and deserve the best service possible at the best price. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to return the winter maintenance service levels to those in effect for the 2013-2014 winter maintenance season; and BE IT FURTHER RESOLVED THAT staff be directed to report to Council, following the end of the 2014-2015 winter maintenance season, with recommendations on how to provide the residents of and businesses in Aurora with better winter service provisions especially as it speaks to snow removal. 9. NEW BUSINESS/GENERAL INFORMATION Mayor Dawe extended a reminder about the Aurora Winter Blues Festival taking place on February 19, 2015 and further information may be accessed at www.awbf.ca. Councillor Thompson noted that the Ontario Heritage Trust launched Ontario Heritage Week on February 17, 2015 at the Mattamy Athletic Centre to celebrate Ontario’s sport heritage and further information can be found on www.heritagetrust.on.ca. General Committee Meeting Report Tuesday, February 17, 2015 Page 8 of 9 Councillor Gaertner noted that National Heritage Week, taking place from February 16 to 22, 2015, is also celebrating downtown areas for their economic, cultural, and historical values. Councillor Mrakas inquired about the announcement of appointments made to the Statutory Boards and Committees. Councillor Humfryes extended a reminder about the Big Brothers Big Sisters Bowl-A-Thon which will take place on February 20, 2015 at 1 p.m. and 3 p.m. 10. CLOSED SESSION General Committee consented to resolve into a Closed Session meeting, following adjournment, to consider: 1. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board; Re: Report No. PL15-006 – Appeal to the Ontario Municipal Board, re Pandolfo et al., OMB Case Number: PL141259 Draft Plan of Subdivision Application, 14070 Yonge Street File: SUB-2003-02 (Related Files: OPA-2012-03 & ZBA-2003-21) 2. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Report No. LLS15-015 – Appointments to the Economic Development Advisory Committee 3. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Report No. LLS15-016 – Appointments to the Environmental Advisory Committee 4. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Report No. LLS15-017 – Appointments to the Heritage Advisory Committee 5. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Report No. LLS15-018 – Appointments to the Parks and Recreation Advisory Committee 6. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Report No. LLS15-019 – Appointments to the Trails and Active Transportation Committee 11. ADJOURNMENT The meeting was adjourned at 8 p.m. General Committee Meeting Report Tuesday, February 17, 2015 Page 9 of 9 GEOFFREY DAWE, MAYOR STEPHEN M. A. HUYCKE, TOWN CLERK THE REPORT OF THE GENERAL COMMITTEE MEETING OF FEBRUARY 17, 2015 RECEIVED FINAL APPROVAL AND COUNCIL ENDORSEMENT OF THE RECOMMENDATIONS ON FEBRUARY 24, 2015 WITH THE EXCEPTION OF ITEM 3 WHICH WAS PULLED AND APPROVED AS RECOMMENDED.