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MINUTES - Council - 20120327 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, March 27, 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, Deputy Clerk/Manager of Administrative Services, Director of Legal Services/Town Solicitor, Director of Building and By- law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Manager of Operations, Director of Corporate and Financial Services/Treasurer, and Council/Committee Secretary Following Open Forum, Mayor Dawe called the meeting to order at 7:10 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 Buck Seconded by Councillor Abel THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following additional items:  Delegation (a) Bill Hogg, Resident Re: Item 11 – CAO12-006 – Terms of Reference – Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement  Delegation (b) Klaus Wehrenberg, Resident Re: Item 1 (9) – PR12-007 – Selection/Appointment of a Trails and Active Transportation Sub-Committee  Agenda Pages 80 to 85 – Revised Attachment 1 – (sections that have changed are paragraphs 5.1 and 5.2) Re: Item 11 – CAO12-006 – Terms of Reference – Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement  Closed Session Council Meeting Minutes Tuesday, March 27, 2012 Page 2 of 11 Re: Litigation or potential litigation, inlcuding matters before administrative tribunals, affecting the municipality or local board; Re: Report No. LGL12-004: Motion to Review the Ontario Municipal Board Decision (OPA No. 73) – Aurora-Leslie Developments Inc. (2C East Lands). CARRIED III ADOPTION OF THE MINUTES Council Minutes of February 28, 2012 Special Council Minutes of March 6, 2012 Moved by Councillor Abel Seconded by Councillor Humfryes THAT the Council meeting minutes of February 28, 2012 and the Special Council meeting minutes of March 6, 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 Al Downey reviewed the history of Youth Division programs and stated that a need was identified through surveys and studies conducted in various years culminating in the Youth Needs Analysis in 2010. He noted that during the past five years the need for youth programming has escalated notably and is maxing out the current available facilities. Mr. Downey noted the various facilities utilized by youth programs and that dedicated space is required to meet and expand the current programming and offer specialized programming as well. Viktors Jaunkalns of maclennan jaunkalns miller architects, reviewed the analysis, factors, and matrix used in assessing six potential locations that are the preferred options for Council’s consideration at a later date. Moved by Councillor Buck Seconded by Councillor Abel THAT the presentation regarding Community Program Space for Youth be received for information. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Pirri noted the Aurora Family Band will be playing at 8:00 p.m. on Sunday, April 1, 2012 at Trinity Anglican Church. Councillor Humfryes advised that the N6 Mayors and Bradford will be participating in the municipal challenge at the A&B Courier Run/Walk being held April 29, 2012 and invited residents to come out and be a part of an important community fundraiser. Councillor Abel stated that the Optimist Club will be holding a Bike Rodeo on May 5, 2012 that is free for all to attend. Council Meeting Minutes Tuesday, March 27, 2012 Page 3 of 11 Councillor Abel noted that the Relay for Life is coming in June and that there is an article in The Auroran with more details. Councillor Abel commended the Open Forum speaker and the character of the youth in Aurora. Councillor Buck congratulated the participants from the Special Olympics Aurora/Newmarket team who won awards at a recent competition held in Edmonton and said that they may be chosen to participate next year in the Special Olympics. She also noted that, with former Councillor Hogg in the audience, it brought back memories that he had been proactive with regards to specialized youth programming in the past and that she was hopeful there would be more in the future. Councillor Ballard stated that the Aurora jazz+ Festival was in the top 100 festivals chosen by Festivals Ontario. Mayor Dawe stated that VIVA will be presenting their 2013 Service Plan at the Aurora Public Library on Wednesday, March 28, 2012. Mayor Dawe noted that the Town of Aurora will be participating in Earth Hour on Saturday, March 31, 2012 from 8:30 p.m. to 9:30 p.m. Mayor Dawe advised that Evolution Gymnastics is hosting the Men’s Artistic Gymnastics for the third Provincial Cup this weekend, and the Aurora Skating Club is holding “Push, Play, and Dance” at the Aurora Community Centre on Saturday, March 31, 2012 for two shows at 1 p.m. and 7 p.m. Mayor Dawe stated that the Aurora Home Show is being held April, 13, 14, and 15, 2012 at the Aurora Community Centre. Mayor Dawe congratulated Auroran resident and employee, Derek Livingston, for winning the Canadian National Men’s Half Pipe competition held in Calgary last Friday. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsection 9), 1(9), 2, 3, 4, 5, 6, 7, 11, Notice of Motion (a), and By-laws 5404-12, 5411-12, and 5416-12 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 8, 9, and 10 were identified as items not requiring separate discussion. Moved by Councillor Pirri Seconded by Councillor Abel 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: 8. Memorandum from Mayor Dawe Council Meeting Minutes Tuesday, March 27, 2012 Page 4 of 11 Re: Lake Simcoe Region Conservation Authority Highlights – February 17th Meeting of the Board THAT Council receive the correspondence regarding Lake Simcoe Region Conservation Authority Highlights – February 17th Meeting of the Board for information. 9. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Resolution from York Region, Re: Replacement of Municipal Representative for the Credit Valley, Toronto Region and Central Lake Ontario (CTC) Region Source Protection Committee as required by the Clean Water Act THAT Council receive the correspondence; and THAT Council endorse the recommendation to appoint Don Goodyear as the applicable municipal representative on the Credit Valley, Toronto Region and Central Lake Ontario (CTC) Region Source Protection Committee. 10. Central York Fire Services – Joint Council Committee Meeting Minutes of October 4, 2011, November 1, 2011, and November 22, 2011 THAT the minutes of the Central York Fire Services – Joint Council Committee meetings of October 4, 2011, November 1, 2011, and November 22, 2011 be received for information. CARRIED VIII DELEGATIONS (a) Bill Hogg, Resident Re: Item 11 – CAO12 -006 – Terms of Reference – Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement Bill Hogg informed Council that he was very concerned about the lack of progress on the Cultural Services Agreement and the accountability and transparency with regard to this matter. He urged Council to add an addendum to the existing Agreement with a new termination date of December 31, 2012 and that discussion commence immediately to develop a new agreement to be implemented no later than January 1, 2013. Moved by Councillor Thompson Seconded by Councillor Abel THAT the comments of the delegate be received and referred to Item 11. CARRIED (b) Klaus Wehrenberg, Resident Council Meeting Minutes Tuesday, March 27, 2012 Page 5 of 11 Re: Item 1(9) – PR12-007 – Selection/Appointment of a Trails and Active Transportation Sub-Committee Klaus Wehrenberg requested Council’s consideration toward changing the name of the Committee by replacing the “sub-“ with the term “advisory” or deleting “sub-“ completely and stated this would confirm Council’s mandate as set out in the proposed Terms of Reference. He suggested that once the Committee is formed they may wish to consider a Trails Reserve Account to accommodate donations and allow Aurorans, who appreciate off-road trails, with an opportunity to participate in a tangible way by donating. Moved by Councillor Buck Seconded by Councillor Humfryes THAT the comments of the delegate be received and referred to Item 1(9). CARRIED IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of March 20, 2012 (9) PR12-007 – Selection/Appointment of a Trails and Active Transportation Sub-Committee Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT report PR12-007 be received; and THAT Council complete a review of the mandate of the Trails Sub- Committee with the goal of broadening their role to include Active Transportation; and THAT the Trails Sub-Committee be renamed to reflect the additional mandate for Active Transportation; and THAT Council approve the attached Terms of Reference and direct staff in proceeding with the process required to form a Trails and Active Transportation Sub-Committee as outlined in this report. Moved by Councillor Humfryes Seconded by Councillor Gaertner THAT report PR12-007 be received; and THAT Council complete a review of the mandate of the Trails Sub- Committee with the goal of broadening their role to include Active Transportation; and THAT the Trails Sub-Committee be renamed to reflect the additional mandate for Active Transportation; and THAT Council approve the attached Terms of Reference and direct staff in proceeding with the process required to form a Trails and Active Transportation Sub-Committee as outlined in this report. CARRIED 1. General Committee Meeting Report of March 20, 2012 Council Meeting Minutes Tuesday, March 27, 2012 Page 6 of 11 Moved by Councillor Gallo Seconded by Councillor Thompson THAT the General Committee meeting report of March 20, 2012 be received and the recommendations carried by the Committee be approved, with the exception of subsection 9. On a recorded vote, the motion CARRIED YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Gaertner, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Buck 2. LGL12-003 – Authority to Legislate the Flying of Canadian Flags Moved by Councillor Buck Seconded by Councillor Humfryes THAT report LGL12-003 be received; and THAT Council encourages all Town residents who choose to display the National Flag of Canada to do so in a manner that is respectful of our national symbol and is in accordance with federal protocol regarding its display and use. Moved by Councillor Buck Seconded by Councillor Pirri THAT report LGL12-003 be received; and THAT Council encourages all Town residents who choose to display the National Flag of Canada to do so in a manner that is respectful of our national symbol and is in accordance with federal protocol regarding its display and use; and THAT staff investigate the feasibility of a Town program to provide a small incentive for residents to exchange damaged Canadian flags for new Canadian flags, or partial re-imbursement for new Canadian flags. CARRIED 3. PL12-007 – Public Planning Meeting Notification Process Public Notice Moved by Councillor Thompson Seconded by Councillor Humfryes THAT report PL12-007 be received for information; and THAT staff advertise complete application and public meeting notification for Planning applications in a second local newspaper – The Auroran, for the remainder of the year. Moved by Councillor Pirri Seconded by Councillor Humfryes THAT report PL12-007 be received for information; and THAT notification be placed in The Banner and The Auroran. Council Meeting Minutes Tuesday, March 27, 2012 Page 7 of 11 DEFEATED Moved by Councillor Gallo Seconded by Councillor Gaertner THAT this Item be deferred until after the RFP process has been completed. DEFEATED Moved by Councillor Thompson Seconded by Councillor Humfryes THAT staff advertise complete application and public meeting notification for Planning applications in a second local newspaper – The Auroran, for the remainder of the year. On a recorded vote, the motion CARRIED YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Buck, Humfryes, Thompson, and Mayor Dawe VOTING NAYS: Councillor Ballard, Gaertner, Gallo, and Pirri Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Council receive Report PL12-007 for information. CARRIED 4. Memorandum from Councillor Humfryes Re: Emerald Ash Borer Correspondence and Resolution to Municipalities to Help Raise Awareness Through Councils Moved by Councillor Abel Seconded by Councillor Humfryes THAT Council support the proclamation from the Ontario Urban Forest Council. CARRIED Moved by Councillor Abel Seconded by Councillor Humfryes THAT the memorandum regarding Emerald Ash Borer Correspondence and Resolution to Municipalities to Help Raise Awareness Through Councils be received; and THAT staff report back to Council with an Emerald Ash Borer recovery plan. On a recorded vote, the motion CARRIED YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, Thompson, and Mayor Dawe VOTING NAYS: Councillor Pirri Moved by Councillor Buck Seconded by Councillor Thompson Council Meeting Minutes Tuesday, March 27, 2012 Page 8 of 11 THAT Item 7 be brought forward for consideration. CARRIED 7. PR12-012 – Food Vendor Scoring Matrix for 2012 Concert, Movie & Theatre in the Park Events – Revised Moved by Councillor Pirri Seconded by Councillor Thompson THAT report PR12-012 be received; and THAT Council approve the revised scoring matrix for the selection of the food vendors for the Concert, Movie and Theatre in the Park events for the 2012 summer season. CARRIED Moved by Councillor Abel Seconded by Councillor Gaertner THAT Item 11 be brought forward for consideration. CARRIED 11. CAO12-006 – Terms of Reference – Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement Moved by Councillor Gallo Seconded by Councillor Thompson THAT report CAO12-006 be received; and THAT Council adopt the Terms of Reference for an Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement included as Attachment #1 to report CAO12-006; and THAT the Mayor bring forward names for Council’s consideration at the April 10, 2012 Council meeting for the appointment of: a) two (2) members of Council plus an alternate to the Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement; and b) two (2) representatives to the Aurora Cultural Centre Board of Directors. Moved by Councillor Abel Seconded by Councillor Pirri THAT the wording “on or before” be added to all time frames in Section 4. CARRIED Moved by Councillor Pirri Seconded by Councillor Abel Council Meeting Minutes Tuesday, March 27, 2012 Page 9 of 11 THAT all references to “Ad-Hoc Committee” be changed to read “Ad Hoc Negotiating Working Group.” CARRIED Moved by Councillor Abel Seconded by Councillor Thompson THAT the Procedural By-law be waived to extend the hour. . CARRIED Moved by Councillor Pirri Seconded by Councillor Humfryes THAT section 6.4 be added to read “Town Councillors shall be permitted to attend Ad Hoc Negotiating Working Group meetings as silent observers, provided that the number of Town Councillors present at the meeting (including those Town Councillors who are members of the Ad Hoc Negotiating Working Group) shall not exceed four such people”. On a recorded vote, the motion CARRIED YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Abel, Ballard, Buck, Humfryes, and Pirri VOTING NAYS: Councillor Gallo, Thompson, and Mayor Dawe Councillor Gaertner was absent for the vote. Moved by Councillor Abel Seconded by Councillor Thompson THAT the Procedural By-law be waived to extend the hour. CARRIED by a two-thirds majority. Moved by Councillor Gallo Seconded by Councillor Thompson THAT report CAO12-006 be received; and THAT Council adopt the Terms of Reference, as amended, for an Ad Hoc Negotiating Working Group to Negotiate a New Cultural Services Purchase Agreement included as Attachment #1 to report CAO12-006; and THAT the Mayor bring forward names for Council’s consideration at the April 10, 2012 Council meeting for the appointment of: a) two (2) members of Council plus an alternate to the Ad Hoc Negotiating Working Group to Negotiate a New Cultural Services Purchase Agreement; and b) two (2) representatives to the Aurora Cultural Centre Board of Directors. On a recorded vote, the motion CARRIED Council Meeting Minutes Tuesday, March 27, 2012 Page 10 of 11 YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Buck Councillor Gaertner was absent for the vote. Moved by Councillor Abel Seconded by Councillor Pirri THAT Closed Session be brought forward for consideration. CARRIED XIV CLOSED SESSION Moved by Councillor Abel Seconded by Councillor Pirri THAT Council resolve into a General Committee Closed Session to consider: 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Report No. LGL12-004: Motion to Review the Ontario Municipal Board Decision (OPA No. 73) – Aurora-Leslie Developments Inc. (2C East Lands). CARRIED Council resolved into Closed Session at 11:09 p.m. Councillors Ballard, Gaertner, and Gallo left the meeting at 11:10 p.m. Council reconvened into Open Session at 11:24 p.m. Moved by Councillor Abel Seconded by Councillor Pirri THAT the confidential recommendation of the General Committee Closed Session of March 27, 2012 be adopted. CARRIED Moved by Councillor Buck Seconded by Councillor Abel THAT the balance of the agenda, being items 5 and 6, Motion for Which Notice Has Been Given (a), By-law 5395-12, By-law 5404-12, By-law 5411-12, By-law 5414-12, and By-law 5416-12, be deferred to the next Council meeting on April 10, 2012. CARRIED XI REGIONAL REPORT None Council Meeting Minutes Tuesday, March 27, 2012 Page 11 of 11 XII NEW BUSINESS/GENERAL INFORMATION Councillor Buck noted that the money from the Hydro sale proceeds should be used to acquire another asset and that she will be bringing forward a Notice of Motion to that effect. Councillor Pirri requested that a link on the Town website be provided to inform the public about the Youth Advisory Council’s 5th Annual Golf Tournament for the Philip Aziz Centre being held on May 16, 2012 as noted by Brooke Harrison during Open Forum. XV ADJOURNMENT Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the meeting be adjourned at 11:34 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR CINDY MAHER, DEPUTY CLERK THE MINUTES OF THE COUNCIL MEETING OF MARCH 27, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON APRIL 10, 2012.