MINUTES - Special Council - 20200825
Town of Aurora
Special Meeting of Council Minutes
Council Chambers, Aurora Town Hall
Tuesday, August 25, 2020
Attendance
Council Members Mayor Mrakas in the Chair; Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson
Members Absent None
Other Attendees Doug Nadorozny, Chief Administrative Officer, Robin McDougall,
Director of Community Services, Rachel Wainwright-van Kessel,
Director of Finance, Jason Gaertner, Manager, Financial
Management Services, Michael de Rond, Town Clerk, Linda
Bottos, Council/Committee Coordinator
The Mayor called the meeting to order at 7 p.m.
Council consented to recess the meeting at 9:28 p.m. and reconvened the meeting at
9:40 p.m.
Council consented to extend the hour past 10:30 p.m.
Council consented to extend the hour past 11 p.m.
1. Approval of the Agenda
Main motion
Moved by Councillor Humfryes
Seconded by Councillor Kim
That the agenda as circulated by Legislative Services, including the following
additional items, be approved:
Special Meeting of Council Minutes
Tuesday, August 25, 2020 Page 2 of 13
• Delegation (a) Debra Wilson, Chair, Board of Directors, Aurora Chamber of
Commerce; Re: Item 1 – CMS20-019 – Library Square – Tender Award and
Update
• Delegation (b) Susan Walmer, Resident; Re: Item 3 – FIN20-001 – Library
Square – Final Capital Investment Financing Strategy
• Delegation (c) Suzanne Haines, Executive Director, and Eric Acker,
President, Aurora Cultural Centre; Re: Library Square Project
• Delegation (d) Bruce Gorman, Chief Executive Officer, Aurora Public Library;
Re: Library Square Project
• Delegation (e) Joanne Russo, Chair, BIA (Written Delegation); Re: Support
for Library Square Project
• Delegation (f) Michele Boyer, Resident; Re: Support for Library Square
Project
• Delegation (g) Tim Jones, Resident (Written Delegation); Re: Support for
Library Square Project
• Delegation (h) Mike Rathke, Resident and Owner of MR Menswear (Written
Delegation); Re: Support for Library Square Project
• Item 4 – Memorandum from Mayor Mrakas; Re: Appointment to the Joint
Council Committee
• By-law (b) By-law Number 6275-20 Being a By-law to amend By-law Number
6228-19, as amended, to govern the proceedings of Council and Committee
meetings of the Town of Aurora.
Amendment No. 1
Moved by Councillor Gallo
Seconded by Councillor Gaertner
That the main motion be amended by adding the following clause:
“That Items 2 and 3 be considered prior to consideration of Item 1.”
On a recorded vote the amendment was
Defeated
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Tuesday, August 25, 2020 Page 3 of 13
Yeas: 3 Nays: 4
Voting Yeas: Councillors Gaertner, Gallo, and Gilliland
Voting Nays: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
Amendment No. 2
Moved by Councillor Gallo
Seconded by Councillor Gilliland
That the main motion be amended by adding the following clause:
“That the provisions of the Procedural By-law be waived to permit each
Member of Council to speak two times on a matter for a maximum of fifteen
minutes each time.”
On a recorded vote the amendment was
Defeated
Yeas: 3 Nays: 4
Voting Yeas: Councillors Gaertner, Gallo, and Gilliland
Voting Nays: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
On a recorded vote the main motion
Carried
Yeas: 5 Nays: 2
Voting Yeas: Councillors Gilliland, Humfryes, Kim, and
Thompson, Mayor Mrakas
Voting Nays: Councillors Gaertner and Gallo
2. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
3. Delegations
(a) Debra Wilson, Chair, Board of Directors, Aurora Chamber of Commerce
Re: Item 1 – CMS20-019 – Library Square – Tender Award and Update
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Tuesday, August 25, 2020 Page 4 of 13
Ms. Wilson, on behalf of the Aurora Chamber of Commerce, expressed
support for the Library Square project.
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the comments of the delegation be received and referred to Item 1.
On a recorded vote the motion
Carried
Yeas: 6 Nays: 1
Voting Yeas: Councillors Gaertner, Gallo, Humfryes, Kim,
and Thompson, Mayor Mrakas
Voting Nays: Councillor Gilliland
(b) Susan Walmer, Resident
Re: Item 3 – FIN20-001 – Library Square – Final Capital Investment
Financing Strategy
Ms. Walmer, on behalf of a small group of local citizens, expressed concerns
regarding the continuance of the Library Square project in light of the current
and possible impacts of the COVID-19 pandemic. She requested that Council
pause the project, undertake a business case and needs analysis, and
consult further with the public.
Moved by Councillor Gaertner
Seconded by Councillor Thompson
That the comments of the delegation be received and referred to Item 3.
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
(c) Suzanne Haines, Executive Director, and Eric Acker, President, Aurora
Cultural Centre
Re: Library Square Project
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Tuesday, August 25, 2020 Page 5 of 13
On a motion of Councillor Humfryes seconded by Councillor Thompson, Council
consented to permit the delegation additional time as required.
Ms. Haines and Mr. Acker, on behalf of the Aurora Cultural Centre, expressed
full support for the Library Square project and provided context regarding the
project initiation, collaboration, design, governance structure, ongoing
operations, and quality of life in Aurora.
Moved by Councillor Kim
Seconded by Councillor Humfryes
That the comments of the delegation be received and referred to the Library
Square discussions.
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
(d) Bruce Gorman, Chief Executive Officer, Aurora Public Library
Re: Library Square Project
Mr. Gorman, on behalf of the Aurora Public Library Board, expressed full
support for the Library Square project and commencement of the project
without delay.
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the comments of the delegation be received and referred to the Library
Square discussions.
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
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Tuesday, August 25, 2020 Page 6 of 13
(e) Joanne Russo, Chair, BIA (Written Delegation)
Re: Support for Library Square Project
Ms. Russo, on behalf of the Aurora Business Improvement Association (BIA),
submitted a written delegation expressing support for the commencement of
the Library Square project.
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the written comments of the delegation be received and referred to the
Library Square discussions.
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
(f) Michele Boyer, Resident
Re: Support for Library Square Project
Ms. Boyer expressed support for moving forward with the Library Square
project.
Moved by Councillor Thompson
Seconded by Councillor Kim
That the comments of the delegation be received and referred to the Library
Square discussions.
On a recorded vote the motion
Carried
Yeas: 6 Nays: 1
Voting Yeas: Councillors Gaertner, Gilliland, Humfryes, Kim,
and Thompson, Mayor Mrakas
Voting Nays: Councillor Gallo
(g) Tim Jones, Resident (Written Delegation)
Re: Support for Library Square Project
Special Meeting of Council Minutes
Tuesday, August 25, 2020 Page 7 of 13
Mr. Jones submitted a written delegation in support of moving forward with
the Library Square project.
Moved by Councillor Kim
Seconded by Councillor Humfryes
That the written comments of the delegation be received and referred to the
Library Square discussions.
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
(h) Mike Rathke, Resident and Owner of MR Menswear (Written Delegation)
Re: Support for Library Square Project
Mr. Rathke submitted a written delegation in support of moving forward with
the Library Square project as planned.
Moved by Councillor Thompson
Seconded by Councillor Humfryes
That the written comments of the delegation be received and referred to the
Library Square discussions.
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
4. Consideration of Items Requiring Discussion
1. CMS20-019 – Library Square – Tender Award and Update
Council consented to vote on the second clause of the main motion as amended
separately.
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Tuesday, August 25, 2020 Page 8 of 13
Main motion
Moved by Councillor Thompson
Seconded by Councillor Humfryes
1. That Report No. CMS20-019 be received; and
2. That Tender 2020-55-CMS for the Construction of the Library Square
Project be awarded to Chandos Construction Ltd. in the amount of
$41,009,865 which includes additional allocated funds of $328,000
resulting in a total project budget of $51,939,500.
Amendment
Moved by Councillor Thompson
Seconded by Councillor Kim
That the main motion be amended by adding the following clauses:
“That a Library Square Construction Budget Control Task Force be
established to monitor and examine all financial and budgetary aspects
of Library Square during its construction phase and the spending of the
project contingency; and
That two members of Council be appointed to the Task Force; and
That staff be directed to develop a Terms of Reference for the Task
Force for approval by Council.”
On a recorded vote the motion
Carried
Yeas: 6 Nays: 1
Voting Yeas: Councillors Gaertner, Gilliland, Humfryes, Kim,
and Thompson, Mayor Mrakas
Voting Nays: Councillor Gallo
Main motion as amended
Moved by Councillor Thompson
Seconded by Councillor Humfryes
1. That Report No. CMS20-019 be received; and
2. That Tender 2020-55-CMS for the Construction of the Library Square
Project be awarded to Chandos Construction Ltd. in the amount of
Special Meeting of Council Minutes
Tuesday, August 25, 2020 Page 9 of 13
$41,009,865 which includes additional allocated funds of $328,000
resulting in a total project budget of $51,939,500; and
3. That a Library Square Construction Budget Control Task Force be
established to monitor and examine all financial and budgetary
aspects of Library Square during its construction phase and the
spending of the project contingency; and
4. That two members of Council be appointed to the Task Force; and
5. That staff be directed to develop a Terms of Reference for the Task
Force for approval by Council.
On a recorded vote the first, third, fourth, and fifth clauses of
the main motion as amended
Carried
Yeas: 6 Nays: 1
Voting Yeas: Councillors Gaertner, Gilliland, Humfryes, Kim,
and Thompson, Mayor Mrakas
Voting Nays: Councillor Gallo
On a recorded vote the second clause of the main motion as amended
Carried
Yeas: 4 Nays: 3
Voting Yeas: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
Voting Nays: Councillors Gaertner, Gallo, and Gilliland
2. FIN20-019 – Library Square – Final Capital Investment Funding Strategy
On a motion of Councillor Gallo seconded by Councillor Humfryes, Council consented
on a two-thirds majority vote to waive the provisions of the Procedure By-law to permit
Members of Council to speak to the matter after the Chair called the vote.
Main motion
Moved by Councillor Kim
Seconded by Councillor Humfryes
1. That Report No. FIN20-019 be received; and
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Tuesday, August 25, 2020 Page 10 of 13
2. That Council approve the proposed adjustments to its previously
approved funding strategy for Capital Project No. 81019 – Library
Square, as presented.
Motion to refer
Moved by Councillor Gallo
Seconded by Councillor Gilliland
That Report No. FIN20-019 – Library Square – Final Capital Investment
Funding Strategy be referred back to staff to return with a report on the
pros and cons of proceeding with the Library Square project at this time.
On a recorded vote the motion to refer was
Defeated
Yeas: 3 Nays: 4
Voting Yeas: Councillors Gaertner, Gallo, and Gilliland
Voting Nays: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
On a recorded vote the main motion
Carried
Yeas: 4 Nays: 3
Voting Yeas: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
Voting Nays: Councillors Gaertner, Gallo, and Gilliland
3. FIN20-001 – Library Square – Final Capital Investment Financing
Strategy
Moved by Councillor Kim
Seconded by Councillor Thompson
1. That Report No. FIN20-001 be received; and
2. That the use of a construction line of credit up to a maximum value of
$38 million to fund the Library Square project during its construction be
approved; and
Special Meeting of Council Minutes
Tuesday, August 25, 2020 Page 11 of 13
3. That the Town finance any balance remaining in its construction line of
credit as of substantial project completion through a floating rate capital
loan for a period of up to a maximum of five years; and
4. That up to a maximum of $12.9 million in long-term debt authority for the
refinancing of the floating rate capital loan in the form of a debenture
with up to a maximum repayment period of twenty years be issued within
five years of the project’s substantial completion; and
5. That the Treasurer be authorized to determine the appropriate value and
repayment period for both the floating rate capital loan and long-term
debt to be issued when it is required within the constraints as defined by
Council; and
6. That Council approve the Library Square project’s interim/long-term debt
financing by-law; and
7. That upon finalization of the long-term financing plan, an informational
report be provided to Council which outlines the details of such, including
interest rates and net cost of borrowing.
On a recorded vote the motion
Carried
Yeas: 4 Nays: 3
Voting Yeas: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
Voting Nays: Councillors Gaertner, Gallo, and Gilliland
4. Memorandum from Mayor Mrakas
Re: Appointment to the Joint Council Committee
Moved by Councillor Humfryes
Seconded by Councillor Kim
1. That the memorandum regarding Appointment to the Joint Council
Committee be received; and
2. That Councillor Thompson replace Mayor Mrakas as one of the Town’s
representatives on the Joint Council Committee.
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Tuesday, August 25, 2020 Page 12 of 13
On a recorded vote the motion
Carried
Yeas: 7 Nays: 0
Voting Yeas: Councillors Gaertner, Gallo, Gilliland,
Humfryes, Kim, and Thompson, Mayor Mrakas
Voting Nays: None
5. By-laws
Moved by Councillor Kim
Seconded by Councillor Thompson
That the following by-laws be enacted:
(a) By-law Number 6274-20 Being a By-law to authorize the submission of an
application to Ontario Infrastructure and Lands Corporation (“OILC”) for
temporary and long-term financing of one or more capital works of The
Corporation of the Town of Aurora (the “Lower-tier Municipality”) pursuant to a
floating rate capital loan facility made available by OILC to the Regional
Municipality of York (the “Upper-tier Municipality”).
(b) By-law Number 6275-20 Being a By-law to amend By-law Number 6228-19,
as amended, to govern the proceedings of Council and Committee meetings
of the Town of Aurora.
On a recorded vote the motion
Carried
Yeas: 4 Nays: 3
Voting Yeas: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
Voting Nays: Councillors Gaertner, Gallo, and Gilliland
6. Confirming By-law
Moved by Councillor Kim
Seconded by Councillor Humfryes
That the following confirming by-law be enacted:
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Tuesday, August 25, 2020 Page 13 of 13
By-law Number 6276-20 Being a By-law to Confirm Actions by Council
Resulting from a Special Meeting of Council on August 25, 2020.
On a recorded vote the motion
Carried
Yeas: 4 Nays: 3
Voting Yeas: Councillors Humfryes, Kim, and Thompson,
Mayor Mrakas
Voting Nays: Councillors Gaertner, Gallo, and Gilliland
7. Adjournment
Moved by Councillor Kim
Seconded by Councillor Thompson
That the meeting be adjourned at 11:14 p.m.
Carried
_________________________________ _________________________________
Tom Mrakas, Mayor Michael de Rond, Town Clerk