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MINUTES - Council - 20120228 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, February 28, 2012 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By- law Services, Director of Corporate and Financial Services/Treasurer, Director of Infrastructure and Environmental Services, Director of Parks and Recreation Services, Director of Planning and Development Services, and Council/Committee Secretary Following Open Forum, Mayor Dawe called the meeting to order at 7:51 p.m. I DECLARATIONS OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF THE AGENDA Moved by Councillor Pirri Seconded by Councillor Buck THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  Additional Information for Presentation (a) Al Downey, Director of Parks and Recreation Services Re: Community Program Space for Youth • Presentation • Current Youth Programs Opportunities Listing • Site Maps CARRIED Council Meeting Minutes Tuesday, February 28, 2012 Page 2 of 10 III ADOPTION OF THE MINUTES Council Minutes of February 14, 2012 Special Council – Public Planning Minutes of February 22, 2012 Moved by Councillor Pirri Seconded by Councillor Abel THAT the Council minutes of February 14, 2012 and the Special Council – Public Planning minutes of February 22, 2012 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Al Downey, Director of Parks and Recreation Services Re: Community Program Space for Youth Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the presentation regarding Community Program Space for Youth be moved to later in the meeting. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Gaertner advised that a recent inspection by the provincial government respecting the Town’s drinking water quality determined that the Town’s water supply system is being operated at a high level of service resulting in the delivery of safe water to the community. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(3), 1(8), 1(9), 1(10), 1(11), 1(14), 2, and 3 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Item 1 (with the exception of subsections 3, 8, 9, 10, 11, and 14) was identified as an item not requiring separate discussion. Moved by Councillor Gallo Seconded by Councillor Pirri 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: 1. General Committee Meeting Report of February 21, 2012 THAT the General Committee meeting report of February 21, 2012 be received and the recommendations carried by the Committee be approved, with the exception of subsections 3, 8, 9, 10, 11, and 14. CARRIED Council Meeting Minutes Tuesday, February 28, 2012 Page 3 of 10 VIII DELEGATIONS (a) Bill Hogg, Resident Re: Motion for Which Notice Has Been Given (b) Re: Cultural Services Agreement Mr. Hogg, resident and former Councillor, suggested that the recommendations provided by the Town Solicitor be implemented in order to receive the best return of services. He asked that Council base their decision on the best interest of the larger community of Aurora and on the evaluation of facts. Mr. Hogg suggested that a new contract be negotiated and the current termination date be changed to December 31, 2012 to allow the Town of Aurora and the Aurora Cultural Centre to move forward in collaboration to create a new contract that best serves all interested parties. Moved by Councillor Abel Seconded by Councillor Thompson THAT the comments of the delegate be received for information. CARRIED (b) Robert Layton, President, Board of Directors, Aurora Cultural Centre Re: Motion for Which Notice Has Been Given (b) Re: Cultural Services Agreement Mr. Layton requested on behalf of the Board of Directors of the Aurora Cultural Centre that Council not pass the motion but instead create a working group consisting of Council, staff, specifically the Town Solicitor, and the Centre representatives to define a protocol and schedule to provide a new agreement that ensures long-term operation of the Centre and accountability to the Town. He suggested that the working group prepare a plan by the end of March and create a new agreement. Mr. Layton advised that the Centre does provide quarterly financial reports and annual audit and budget statements providing accountability and transparency. He requested that Council put the motion aside and bring forward the discussions and negotiations requested last year. Moved by Councillor Pirri Seconded by Councillor Thompson THAT the comments of the delegate be received for information. CARRIED (c) Bob McRoberts, Resident Re: Item 1(8) – IES12-009 – Traffic Calming Review Program for the Northeast Quadrant of Yonge Street and Wellington Street East Mr. McRoberts, former Councillor and resident of Catherine Avenue for over fifty years, expressed his concerns regarding surveying all residents of Aurora including those that may be aggravated by traffic calming measures. He suggested that this is the purpose of the traffic calming measures and also helps to deter these people from using the side streets to avoid the busy arterial roads. Mr. McRoberts said it would be more appropriate that only those in the neighbourhood be surveyed and advised that he too is inconvenienced by the traffic calming measures but accepts the inconvenience since it is reducing the traffic on these streets as intended. Council Meeting Minutes Tuesday, February 28, 2012 Page 4 of 10 Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the comments of the delegate be received for information. CARRIED Moved by Councillor Abel Seconded by Councillor Buck THAT the Motions for Which Notice Has Been Given (c) and (b) be moved forward for consideration to be followed by Presentation (a). CARRIED Councillor Gaertner left the meeting at 8:36 p.m. Councillor Ballard left the meeting at 8:37 p.m. X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (ii) Motions for Which Notice Has Been Given (c) Councillor Abel Re: Official Town Crier Moved by Councillor Abel Seconded by Councillor Buck WHEREAS Town Criers wandered the streets in the 1600’s in England and in the 1700’s in the North American Colonies to give official news of the day by outcry in the streets; and WHEREAS the Council of the Town of Aurora desires to appoint a Town Crier to make public announcements at events to be held in the Town of Aurora; and WHEREAS John Webster’s Great Grandfather, John Webster, was a ship’s carpenter in the Royal Navy and as a retirement gift was given land in the New World. The land he chose would later be called Aurora; and WHEREAS John Webster’s grandfather and his father grew up in Aurora; and WHEREAS there is a street in an area known as Regency Acres, in the Town of Aurora, called Webster Drive, named in the memory and honour of the Webster Family. THEREFORE BE IT RESOLVED THAT Mr. John Webster be appointed the Official Town Crier of the Town of Aurora to make public announcements at official events in the Town of Aurora by outcry through the streets or at such official functions. CARRIED Councillor Gaertner returned to the meeting at 8:41 p.m. Councillor Ballard returned to the meeting at 8:41 p.m. Council Meeting Minutes Tuesday, February 28, 2012 Page 5 of 10 (b) Councillor Abel and Councillor Pirri Re: Cultural Services Agreement Moved by Councillor Abel Seconded by Councillor Pirri WHEREAS Council directed staff from the Town to report back to Council on KPI’s with regards to the Cultural Services Agreement; and WHEREAS Council directed staff from the Town to work with staff from the Cultural Centre to recommend solutions to Council’s concerns identified in the Town’s Solicitor’s report on the Cultural Services Agreement; and WHEREAS Council directed staff to prepare Terms of Reference for a Museum Curator; and WHEREAS Council directed staff to negotiate with the Aurora Historical Society to acquire the Aurora Historical Artifacts Collection with a working relationship to display them in the Town’s facilities; and WHEREAS these discussions should be held in concert with one another because they will all impact one another; and WHEREAS these discussions should take place in a structured and timely manner and be representative of all parties involved; and WHEREAS Council desires to negotiate the parameters of the relationship between the Town and those that deliver cultural services on behalf of the Town; and WHEREAS it is the expectation and intention that a new agreement be in place as soon as possible; and WHEREAS the Cultural Centre Board recognizes that the Cultural Services Agreement must be renegotiated to address the concerns identified in the Town Solicitor’s report; and WHEREAS the first step necessary as outlined in the current Cultural Services Agreement, that if the current Cultural Services Agreement is to be replaced, then notification must be given to the Board; and WHEREAS clause 29 of the Cultural Services Agreement requires that Council pass a resolution to terminate the Cultural Services Agreement upon a twelve (12) months’ written notice. THEREFORE BE IT RESOLVED THAT Notice of Termination of the Cultural Services Agreement be tendered to its Board; and THAT an Ad Hoc Committee be struck to develop parameters for a new agreement for the delivery of cultural services for the Town of Aurora, consisting of: Cultural Centre Board members, members of Council, and members of the Community; and support be provided by the Director of Parks and Recreation Services and the CAO; and staff be directed to prepare the Terms of Reference for the Committee for Council’s consideration. Moved by Councillor Abel Seconded by Councillor Humfryes THAT the matter be deferred to the next Council meeting on March 27, 2012; and Council Meeting Minutes Tuesday, February 28, 2012 Page 6 of 10 THAT an Ad Hoc Committee be struck to develop parameters for a new agreement; and THAT the Mayor be authorized to select two (2) members of Council to sit on the Committee; and THAT the Aurora Cultural Centre Board be requested to appoint two (2) members of their Board of Directors to sit on the Committee by March 15, 2012; and THAT staff resources be provided to the Committee as may be necessary. On a recorded vote the motion was DEFEATED. YEAS: 4 NAYS: 5 VOTING YEAS: Councillors Abel, Humfryes, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Buck, Gaertner, Gallo, and Pirri Moved by Councillor Thompson Seconded by Councillor Pirri THAT the Procedural By-law be waived to extend the hour. CARRIED Council recessed at 10:51 p.m. and reconvened at 10:53 p.m. Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the motion be amended to remove “; and WHEREAS clause 29 of the Cultural Services Agreement requires that Council pass a resolution to terminate the Cultural Services Agreement upon a twelve (12) months’ written notice”, remove “Notice of Termination of the Cultural Services Agreement be tendered to its Board; and,” and add “and a report be provided to Council by March 27, 2012.” On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, Humfryes, Thompson, and Mayor Dawe VOTING NAYS: Councillors Abel, Buck, and Pirri Moved by Councillor Ballard Seconded by Councillor Gallo THAT the Procedural By-law be waived to extend the hour to 11:30 p.m. CARRIED Council Meeting Minutes Tuesday, February 28, 2012 Page 7 of 10 Moved by Councillor Abel Seconded by Councillor Pirri WHEREAS Council directed staff from the Town to report back to Council on KPI’s with regards to the Cultural Services Agreement; and WHEREAS Council directed staff from the Town to work with staff from the Cultural Centre to recommend solutions to Council’s concerns identified in the Town’s Solicitor’s report on the Cultural Services Agreement; and WHEREAS Council directed staff to prepare Terms of Reference for a Museum Curator; and WHEREAS Council directed staff to negotiate with the Aurora Historical Society to acquire the Aurora Historical Artifacts Collection with a working relationship to display them in the Town’s facilities; and WHEREAS these discussions should be held in concert with one another because they will all impact one another; and WHEREAS these discussions should take place in a structured and timely manner and be representative of all parties involved; and WHEREAS Council desires to negotiate the parameters of the relationship between the Town and those that deliver cultural services on behalf of the Town; and WHEREAS it is the expectation and intention that a new agreement be in place as soon as possible; and WHEREAS the Cultural Centre Board recognizes that the Cultural Services Agreement must be renegotiated to address the concerns identified in the Town’s Solicitor’s report; and WHEREAS the first step necessary as outlined in the current Cultural Services Agreement, that if the current Cultural Services Agreement is to be replaced, then notification must be given to the Board. THEREFORE BE IT RESOLVED THAT an Ad Hoc Committee be struck to develop parameters for a new agreement for the delivery of cultural services for the Town of Aurora, consisting of: Cultural Centre Board members, members of Council, and members of the Community; and support be provided by the Director of Parks and Recreation Services and the CAO; and staff be directed to prepare the Terms of Reference for the Committee for Council’s consideration and a report be provided to Council by March 27, 2012. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, Humfryes, Thompson, and Mayor Dawe VOTING NAYS: Councillors Abel, Buck, and Pirri Councillor Buck left the meeting at 11:10 p.m. Council Meeting Minutes Tuesday, February 28, 2012 Page 8 of 10 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: March 5 Tree By-law Town Hall Meeting Moved by Councillor Ballard Seconded by Councillor Gallo THAT the memorandum regarding March 5 Tree By-law Town Hall Meeting be received; and THAT Council direct a staff member to attend the Ratepayers of Aurora Yonge South (RAYS) meeting on March 5, 2012 at Town Hall to provide an overview and answer questions regarding the Town of Aurora’s proposed changes to the Aurora tree protection by-law. DEFEATED Moved by Councillor Ballard Seconded by Councillor Gallo THAT the Procedural By-law be waived to allow Council direction to staff. CARRIED Moved by Councillor Ballard Seconded by Councillor Gallo THAT the memorandum regarding March 5 Tree By-law Town Hall Meeting be received; and THAT Council direct staff to organize a public meeting to present the Town’s proposed tree protection by-law and to answer any questions that the public might have at that time. CARRIED 1. General Committee Meeting Report of February 21, 2012 (8) IES12-009 – Traffic Calming Review Program for the Northeast Quadrant of Yonge Street and Wellington Street East Moved by Councillor Humfryes Seconded by Councillor Abel THAT report IES12-009 be received; and THAT the comments of Delegation (c) Bob McRoberts be referred to the Director of Infrastructure and Environmental Services. CARRIED 1. General Committee Meeting Report of February 21, 2012 (3) Deferred from General Committee Meeting of February 7, 2012 (Item 2) BBS12-001 – Customer Service Strategy (CSS) Council Meeting Minutes Tuesday, February 28, 2012 Page 9 of 10 Moved by Councillor Gallo Seconded by Councillor Abel THAT report BBS12-001 be received; and THAT staff be authorized to proceed with process mapping in the amount of $30,630 for the ‘Build’ phase of the Customer Service Implementation plan as described here in report BBS12-001; and THAT staff report back to Council with a progress report prior to commencing the ‘Mobilization’ phase of the Customer Service Project. CARRIED 1. General Committee Meeting Report of February 21, 2012 (10) IES12-011 – Award of Tender IES2012-04 – For the Supply and Operation of Six (6) Contracted High Dump Dual Gutter Broom Sweepers for the Removal of Winter Sand and Other Debris on Roadways in the Town of Aurora Moved by Councillor Gallo Seconded by Councillor Ballard THAT report IES12-011 be received; and THAT Tender IES2012-04 – for the Supply and Operation of Six (6) Contracted High Dump Dual Gutter Broom Street Sweepers for the Removal of Winter Sand and Other Debris on Roadways in the Town Of Aurora, for one year ending December 31, 2012 (with the option to renew for an additional two, one-year periods), be awarded to A & G The Road Cleaners Ltd. in the amount of $53,394, excluding taxes; and THAT Council authorize the Director to renew Tender IES2012-04 for an additional two, one-year periods, pending an annual analysis and satisfactory performance review by the Director; and THAT the Mayor and Town Clerk be authorized to execute the necessary Agreement, including any and all documents and ancillary agreements required to give effect to same. CARRIED Councillor Abel left the meeting at 11:29 p.m. 1. General Committee Meeting Report of February 21, 2012 (9) IES12-010 – Submission of Annual Drinking Water Quality Report Moved by Councillor Gaertner Seconded by Councillor Gallo THAT report IES12-010 be received for information. CARRIED Moved by Councillor Gallo Seconded by Councillor Ballard THAT the Procedural By-law be waived to extend the hour to 11:45 p.m. CARRIED Council Meeting Minutes Tuesday, February 28, 2012 Page 10 of 10 XIII READING OF BY-LAWS Moved by Councillor Gallo Seconded by Councillor Ballard THAT the following listed by-laws be given first, second, and third readings and enacted: 5407-12 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (2177111 Ontario Ltd.). 5408-12 BEING A BY-LAW to adopt Official Plan Amendment No. 75. CARRIED Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the balance of the agenda items, 1(11), 1(14), 3, Presentation (a) Re: Community Program Space for Youth, and Motion for Which Notice Has Been Given (a) be deferred to the next Council meeting. CARRIED XII NEW BUSINESS/GENERAL INFORMATION None XIII READING OF BY-LAWS Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5410-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on February 28, 2012 CARRIED XIV CLOSED SESSION None XV ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the meeting be adjourned at 11:35 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF FEBRUARY 28, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON MARCH 27, 2012.