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MINUTES - Council - 20120508 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, May 8, 2012 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Humfryes, Pirri, and Thompson MEMBERS ABSENT Councillor Gallo OTHER ATTENDEES Chief Administrative Officer, Deputy Clerk/Manager of Administration, 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 7:02 p.m. I DECLARATION 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 Humfryes THAT the agenda as circulated by the Customer and Legislative Services Department be approved. CARRIED III ADOPTION OF THE MINUTES Council Minutes of April 24, 2012 and Special Council – Public Planning Minutes of April 25, 2012 Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the Council minutes of April 24, 2012, and the Special Council – Public Planning minutes of April 25, 2012 be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, May 8, 2012 Page 2 of 9 IV PRESENTATIONS None V PUBLIC SERVICE ANNOUNCEMENTS Councillor Ballard reminded all that the second Annual Lieutenant Governor Simcoe’s Levee in honour of our Queen’s York Rangers will be held May 9, 2012 at the Aurora Cultural Centre and thanked everyone who has worked hard to make the night a success. He noted that Aurora’s Pine Tree Potters’ Guild has worked diligently and quietly behind the scenes to build a fantastic replica of the Rangers’ emblem that will go on the new armoury’s supporting wall. Councillor Ballard congratulated the Potters’ Guild, on behalf of the Rangers, for a fantastic job. Councillor Buck reported that a reception was held at the Lone Star Roadhouse in East Gwillimbury for the gold medalists of the Special Olympics Team and that Mayor Tony Van Bynen, of the Town of Newmarket, and Mayor Dawe also joined in with the families and Team for a special celebration. She expressed appreciation, on behalf of the Team and parents, to Mayor Dawe for sharing the afternoon with them. Councillor Abel noted that the halls were filled with fabulous art in Aurora Town Hall this past weekend during the 50th Annual Aurora Juried Art Show and Sale and he congratulated staff for their efforts. Councillor Abel reported he attended the “I Love Rock and Roll” Dinner Dance on April 28, a fundraising event for CHATS (Community & Home Assistance to Seniors), which he said was lots of fun. Councillor Abel reported he participated in McHappy Day for Ronald McDonald House, which he said was a great event. Councillor Abel reported he attended the Aurora Farmers’ Market which opened on May 5 and he congratulated those involved for their work and preparation for a very successful day. Councillor Abel reported he attended a Ride to Conquer Cancer event in honour of Delena Harrison on May 5, which included the launch of a four-man team headed by her grandson who will later be riding to Niagara Falls and he wished them the best of luck. Councillor Humfryes thanked everyone who participated in the A&B Courier Run or Walk for Southlake on April 29. She advised that the Town of Aurora is still in the race with competing municipalities, having raised about $1,400, and there is still time to contribute to a great cause by going to the website, www.runforsouthlake.ca, and making a pledge to the Town of Aurora team until Monday, May 14. Mayor Dawe announced that this week, May 6-12, is Emergency Preparedness Week. He noted that a sample 72-hour emergency kit is on display at Aurora Town Hall (first floor) and information is available on the Town website. Mayor Dawe announced that the Building and By-law Services department will be offering extended hours through their Evening Hours by Appointment Program starting on Thursday, May 17 for home improvement permits. Mayor Dawe announced that the Multimedia Film Festival of York Region will be held at the Aurora Cultural Centre on Thursday, May 17. Council Meeting Minutes Tuesday, May 8, 2012 Page 3 of 9 Mayor Dawe announced that the Town’s second Electronic Waste Recycling Event will be held on Saturday, May 12 from 9 a.m. to 3 p.m. at 9 Scanlon Court. He noted the event will also include a Fuel Can Flip, where the first 50 participants will receive a new fuel can in exchange for an old one, and a tire recycling program. Mayor Dawe reported that 1.64 tonnes of garbage was collected during the Mayor’s Anti-Litter Clean-Up Day held on April 28 and he encouraged everyone to use the nearest garbage can. Mayor Dawe announced that the M&M Charity BBQ Day fundraising event in support of the Crohn’s and Colitis Foundation of Canada will be held at their store on Yonge Street on Saturday, May 12. Mayor Dawe reported that Magna has announced they will hold their Hoedown on Saturday, September 15 and their website will list the charities that they have chosen for the year. Mayor Dawe reminded all that the Aurora Cultural Centre is holding “The Art of Tea: An Elegant Afternoon Tea and Talk Fundraising Event” on Saturday, May 26 at 1-4 p.m. Councillor Thompson reminded all that the 150th Anniversary celebrations of Hillary House kick off this weekend on Saturday, May 12. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(2), 1(9), 1(New Business/General Information – paragraph 6), 3, 4, 5, and 6 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 2, 9, and New Business/General Information – paragraph 6) and 2 were identified as items not requiring separate discussion. Moved by Councillor Ballard 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 May 1, 2012 THAT the General Committee meeting report of May 1, 2012 be received and the recommendations carried by the Committee (with the exception of subsections 2, 9, and New Business/General Information – paragraph 6) be approved. 2. CLS12-011 – General Committee Closed Session Report dated May 1, 2012 THAT report CLS12-011 be received; and THAT the confidential recommendations from the General Committee (Closed Session) of May 1, 2012 be adopted. CARRIED Council Meeting Minutes Tuesday, May 8, 2012 Page 4 of 9 VIII DELEGATIONS None IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of May 1, 2012 (2) BBS12-004 – Flying of Canadian Flags Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Council receive report BBS12-004; and THAT a letter from the Mayor be sent to Lois Brown, Member of Parliament for Newmarket-Aurora, thanking her for her support in this matter. CARRIED 1. General Committee Meeting Report of May 1, 2012 (9) PR12-017 – Emerald Ash Borer Recovery Plan Main Motion on the Floor Moved by Councillor Pirri Seconded by Councillor Abel THAT Council receive report PR12-017; and THAT Council approve Option 6, being the recommended Emerald Ash Borer (EAB) Management Plan and Recovery Program and the allocation of $136,000.00 in the current 2012 budget; and THAT the funding source be identified as Cash-in-Lieu Parkland Reserve; and THAT staff be directed to include sufficient funds in the 2013 to 2021 Capital budgets, as outlined within this report, for the EAB Management and Recovery Plan. Moved by Councillor Pirri Seconded by Councillor Abel THAT the Chair call the question with regard to the amendment. CARRIED Amendment Moved by Councillor Abel Seconded by Councillor Gaertner THAT Council approve Option 6, being the recommended Emerald Ash Borer (EAB) Management Plan and Recovery Program and the allocation of $10,000.00 from the Council Contingency account; and THAT the following clause be deleted: THAT the funding source be identified as Cash-in-Lieu Parkland Reserve; and THAT staff be directed to bring back an early 2013 Budget request for the EAB Management and Recovery Plan and the purchase of nursery stock. CARRIED Council Meeting Minutes Tuesday, May 8, 2012 Page 5 of 9 Main Motion as Amended Moved by Councillor Pirri Seconded by Councillor Abel THAT Council receive report PR12-017; and THAT Council approve Option 6, being the recommended Emerald Ash Borer (EAB) Management Plan and Recovery Program and the allocation of $10,000.00 from the Council Contingency account; and THAT staff be directed to bring back an early 2013 Budget request for the EAB Management and Recovery Plan and the purchase of nursery stock. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Gaertner, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Buck 1. General Committee Meeting Report of May 1, 2012 (New Business/General Information – paragraph 6) Councillor Buck advised that she would submit a Notice of Motion regarding the Arts and Culture grants respecting private donations at a future Council meeting. 3. PL12-020 – Authorization to Execute Development Agreement E. Ovide Holdings (OYS) Inc. 250 Old Yonge Street File Numbers: D10(14A-D)11 (OYS) Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT report PL12-020 be received; and THAT the Mayor and Town Clerk be authorized to execute a Development Agreement, including any and all documents and ancillary agreements required to give effect to same, related to Files: D10(14A-D)11 (OYS), E. Ovide Holdings (OYS) Inc. CARRIED 4. PL12-022 – Authorization to Execute Development Agreement Luigi Nardi & Antoinette Lavinio 6 & 8 Hollingshead Drive File Numbers: D10(04-05)08 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT report PL12-022 be received; and THAT the Mayor and Town Clerk be authorized to execute two (2) Development Agreements, including any and all documents and ancillary agreements required to give effect to same, related to 6 & 8 Hollingshead Drive, Files: D10(04-05)08. CARRIED Council Meeting Minutes Tuesday, May 8, 2012 Page 6 of 9 5. Memorandum from the Director of Customer & Legislative Services/Town Clerk Re: Special General Committee Meeting – Budget Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Council receive the memorandum regarding the Special General Committee Meeting – Budget; and THAT Council approve an additional Special General Committee Meeting - Budget to be held Tuesday, May 29, 2012 at 7:00 p.m. CARRIED 6. Memorandum from the Director of Customer & Legislative Services/Town Clerk Re: Resolution from the Town of Markham, Re: Provincial Payments in Lieu of Taxes – Rates for Hospitals, Universities and Colleges and Correctional Institutions (7.1) Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Council receive the memorandum regarding the Resolution from the Town of Markham, Re: Provincial Payments in Lieu of Taxes – Rates for Hospitals, Universities and Colleges and Correctional Institutions (7.1); and THAT Council endorse the resolution from the Town of Markham and forward its endorsement to the Honourable Premier Dalton McGuinty. CARRIED X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Buck Re: Colour of The Town of Aurora Vehicles WHEREAS traditionally The Town of Aurora’s Parks trucks have been the colour green; and WHEREAS in today's environment, with emphasis on green energy to save the environment, the colour green has taken on new significance; and WHEREAS much depends upon leadership and example in encouraging the community to think and act green to save the world's environment; and WHEREAS the Town has taken a pro-active stance generally. NOW THEREFORE BE IT HEREBY RESOLVED THAT The Town of Aurora now adopt the colour green for its Parks and Recreation Services department vehicles; and BE IT FURTHER RESOLVED THAT, if a single colour for the Town's fleet of vehicles is warranted, let that colour also be green. Mayor Dawe relinquished the Chair to Deputy Mayor Abel at 8:26 p.m. Council Meeting Minutes Tuesday, May 8, 2012 Page 7 of 9 (ii) Motions for Which Notice Has Been Given (a) Mayor Dawe Re: The Town of Aurora Sesquicentennial Moved by Mayor Dawe Seconded by Councillor Pirri WHEREAS The Town of Aurora will be celebrating its 150th Birthday in 2013. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to expeditiously develop a plan to address the Town’s Sesquicentennial Celebrations; and BE IT FURTHER RESOLVED THAT specifically, staff should develop a plan, including but not limited to, providing suggestions for events, implementation plans, staffing resources, a potential budget, and report back as soon as is feasible. CARRIED Deputy Mayor Abel relinquished the Chair to Mayor Dawe at 8:34 p.m. XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION Councillor Abel inquired about what could be done with the dandelions on public property as he had received comments from residents expressing concern. The Director of Parks and Recreation Services advised that the province has banned the use of pesticides and herbicides on municipal property unless there is a noxious weed or a weed that is creating a health hazard. Councillor Abel advised he would speak with the Director and may bring forward a Notice of Motion in the future with respect to communicating feedback to the province. Councillor Buck inquired about the feasibility of continued demands for top quality sod as a condition for covering boulevards as it only takes one season for the dandelions to destroy the grass and suggested that perhaps boulevards should have a hard surface. The Director of Parks and Recreation Services advised that they have been experimenting with alternative ground covers on test plots but have not yet found anything that can be as easily established and mass manufactured. Mayor Dawe announced that a public information session will be held on Tuesday, May 5 in the Holland Room of Aurora Town Hall at 5-7 p.m. to review the findings of the Northeast Quadrant Traffic Calming Measures Resident Survey. Mayor Dawe referred to earlier comments by Councillor Buck respecting her request that a letter be sent to the Director of Building and By-law Services thanking her for her efforts in the matter regarding the flying of Canadian flags. He advised that it was brought to his attention that Heather Green, By-law Enforcement/Licensing Officer, was also instrumental in this matter and, with Council’s permission, he will acknowledge that as well. Council Meeting Minutes Tuesday, May 8, 2012 Page 8 of 9 Councillor Buck expressed concerns regarding the fence erected in Town Park during the jazz+ Festival. The Director of Parks and Recreation Services confirmed that anyone is able to permit a park within the municipality at no cost and the permit is requested to ensure there are no conflicts. Councillor Abel inquired about the approval process for any vendor wishing to do business in a park. The Director of Building and By-law Services advised that the Farmers’ Market is regulated by a specific by-law and that mobile vendors, such as hotdog and ice cream vendors, are regulated by a licensing by-law. The Director of Parks and Recreation Services confirmed that anyone wishing to carry on business in a public park would not be allowed unless they had a permit. Councillor Buck advised she was contemplating a Notice of Motion prohibiting a fence around the park and the leasing of park space to vendors by another party and would be discussing this matter further with senior staff. Councillor Humfryes inquired whether any complaints were received regarding the fence around the park last year. The Director of Building and By-law Services said she was not aware of any complaints and the Director of Parks and Recreation Services said no complaints had been received. The Director of Parks and Recreation Services acknowledged the concerns raised in the previous year and advised that, as a condition of the permit, the Festival organizers required a letter from the Farmers’ Market stating no objections to the fencing of the park, timing, and any other previous concerns. Councillor Gaertner inquired whether the Special General Committee – Budget meeting to be held May 29 will be posted on the Town’s Notice Board and website. The Chief Administrative Officer confirmed that the information will be posted. Councillor Buck reported she had received a call from a resident whose water valve had needed replacement and was charged $150 for the water shut-off as their service request occurred at the end of regular business hours. She suggested this policy should be reviewed and requested a report. Councillor Buck inquired about the decision made by Council to give service clubs extra points in the bidding process for Town business and suggested that the policy be reviewed. The Director of Parks and Recreation Services advised that he would be coming back with a report to Council to discuss the merits of the weighting of the bids and the recommendation of staff. Councillor Buck inquired whether there was a code of conduct in use for vendors of the Aurora Farmers’ Market. The Director of Building and By-law Services advised that the Farmers’ Market by-law requires vendors to obtain a permit from the Town and part of that process is to obtain approval through the Executive Committee who oversees the Farmers’ Market. The Director added that the by- law does not contain provisions for a code of conduct, but it might be a requirement of the Executive Committee. Councillor Humfryes, as Council Liaison to the Farmers’ Market, indicated she would contact the Chair of the Executive Committee to obtain clarification. Councillor Buck suggested that the Hillary House sesquicentennial celebrations could be the theme of the Town’s banners this year and that funds from their grant could be used if they were agreeable. Council Meeting Minutes Tuesday, May 8, 2012 Page 9 of 9 XIII READING OF BY-LAWS Moved by Councillor Humfryes Seconded by Councillor Buck THAT the following listed by-law be given first, second, and third readings and enacted: 5423-12 BEING A BY-LAW to establish lands as highways (John West Way) CARRIED Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5432-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on May 8, 2012 CARRIED XIV CLOSED SESSION None XV ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Buck THAT the meeting be adjourned at 9:18 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR CINDY MAHER, DEPUTY CLERK THE MINUTES OF THE COUNCIL MEETING OF MAY 8, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON MAY 22, 2012.