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MINUTES - Council - 20120214 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, February 14, 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 7:08 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 Thompson Seconded by Councillor Buck THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional item, be approved: Item 10 – Memorandum from the Director of Corporate & Financial Services/Treasurer Re: Request for Additional Information re LSRCA Funding Request CARRIED III ADOPTION OF THE MINUTES Council Minutes of January 24, 2012 Moved by Councillor Gallo Seconded by Councillor Buck THAT the Council minutes of January 24, 2012 be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, February 14, 2012 Page 2 of 11 IV PRESENTATIONS (a) Dan Elliott, Director of Corporate and Financial Services/Treasurer Re: Item 4 – CFS12-006 – 2012 Operating and Capital Budgets Mr. Elliott briefly reviewed the Budget process to date and presented an economic overview, Operating Budget overview, including proposed tax impacts, Budget and infrastructure pressures, details of the Operating and Capital Budgets, and adjustments to the draft Budget. He discussed the pressures of running Aurora today and preparing for tomorrow, and provided the Budget outlook to 2015. Moved by Councillor Ballard Seconded by Councillor Thompson THAT the comments of the delegate be received and referred to Item 4. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Pirri congratulated the Aurora Community Band for receiving Gold at an OBA (Ontario Band Association) competition. Councillor Gaertner added to Councillor Pirri’s comments by noting that many former high school students had returned to join the Aurora Community Band. Councillor Humfryes reminded that the annual Mardi Gras fundraiser for Southlake Regional Health Centre, will be held at The Mansion in Aurora this weekend with all proceeds going to the Southlake Cancer Care Program. She advised that there were a few tickets left for this wonderful event and sponsorship opportunities. Councillor Abel made several announcements on behalf of the Optimist Club of Aurora, which he said is a great organization that provides for the Town’s youth. He informed of the oratorical contest for students in April 2012 with a scholarship incentive of up to $2,500. Councillor Abel noted the Club’s drive for old bikes that are collected, refurbished, and distributed to people who require them. He advised of their annual chess tournament being held on February 23, 2012 at the Aurora Legion and suggested contacting any Optimist Club member regarding participation or any questions. Councillor Gallo wished everyone a Happy Valentine’s Day. Councillor Ballard announced 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. He advised that information may be found at the website, simcoeslevee.ca, and that proceeds from last year’s Levee helped to establish a regimental assistance plan, among other things, that assists soldiers who need some help. Councillor Ballard explained that one of the reasons he is involved, along with Councillors Gaertner and Humfryes, is that soldiers in the Reserves don’t necessarily receive all of the support that full-time soldiers get in the regular armed forces and that this plan is one way to help them. He suggested visiting the website or contacting him for information. Mayor Dawe reminded that Arctic Adventure is being held on Family Day, Monday, February 20, 2012 in Town Park, starting at 10:00 a.m. until about 3:30 p.m. He said there would be lots of fun and activities for everyone. Council Meeting Minutes Tuesday, February 14, 2012 Page 3 of 11 Mayor Dawe congratulated Mr. Stu Curtis, Roads Supervisor, of Infrastructure and Environmental Services, who recently received his Certified Road Supervisor (CRS) professional designation from the Association of Ontario Road Supervisors (AORS). VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(1), 1(8), 3(3), 4, 9, and 10 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 1 and 8), 2, 3 (with the exception of subsection 3.G.), 5, 6, 7, and 8 were identified as items not requiring separate discussion. Moved by Councillor Ballard Seconded by Councillor Gallo 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 7, 2012 THAT the General Committee meeting report of February 7, 2012 be received and the recommendations carried by the Committee be approved, with the exception of subsections 1 and 8. 2. Special General Committee Meeting – Operating Budget & Public Consultation Report of December 12, 2011 THAT the Special General Committee meeting – Operating Budget & Public Consultation report of December 12, 2011 be received for information. 3. Special General Committee Meeting – Capital & Operating Budget Review & Public Consultation Report of January 16 and 23, 2012 THAT the Special General Committee meeting – Capital & Operating Budget & Public Consultation report of January 16 and 23, 2012 be received for information, with the exception of subsection 3.G. 5. IES12-002 – 2012 Water, Wastewater, and Stormwater Budget THAT report IES12-002 be received; and THAT Council approve the 2012 Water, Wastewater, and Stormwater budgets with a combined net expenditure of $14,337,418; and THAT Council approve the 2012 retail water rate of $1.4669 per cubic meter and the retail wastewater rate of $1.2349 per cubic meter of water; and THAT Council approve the 2012 flat rate stormwater charge of $4.31 per unit per month for residential and condominium properties and $60.54 per unit per month for metered non-residential commercial/industrial and multi- residential properties; and Council Meeting Minutes Tuesday, February 14, 2012 Page 4 of 11 THAT the new approved rates become effective for all billings issued by the Town on or after May 1, 2012, and be retroactive for all consumption newly billed on such billings; and THAT Council approve the 2012 bulk water purchase rate of $2.7018 per cubic meter dispensed effective May 1, 2012; and THAT Council approve fees of $750 per connection for installation of a service connection for either water or wastewater services effective for work performed on or after May 1, 2012; and THAT Council adopt the necessary by-law to implement the above recommendations effective May 1, 2012. 6. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights – January 27th Meeting of the Board THAT Council receive the memorandum regarding Lake Simcoe Region Conservation Authority Highlights – January 27th Meeting of the Board for information. 7. Memorandum from Mayor Dawe Re: Communication from the Goderich and Area Disaster Relief Committee THAT Council receive the memorandum regarding the Goderich and Area Disaster Relief Committee for information. 8. Memorandum from Mayor Dawe Re: Heritage Celebration Ceremony, Thursday, February 23, 2012 THAT Council receive the memorandum regarding the Heritage Celebration Ceremony to be held on Thursday, February 23, 2012 for information. CARRIED VIII DELEGATIONS None IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of February 7, 2012 (1) PL12-003 – Official Plan Amendment and Zoning By-law Amendment Applications 2177111 Ontario Limited Block C, Plan M-42 Elderberry Trail Files: D09-01-11 and D14-05-11 Moved by Councillor Ballard Seconded by Councillor Gallo THAT report PL12-003 be received; and Council Meeting Minutes Tuesday, February 14, 2012 Page 5 of 11 THAT Application to Amend the Official Plan (OPA 34) File D09-01-11 be approved, to redesignate the subject lands from “Private Open Space” to “Estate Residential” to permit the future creation of two estate residential lots and to reduce the lot frontage minimum; and THAT Application to Amend the Zoning By-law File D14-05-11 be approved, to rezone the subject lands from “Major Open Space (O)” to a site specific “Estate Residential (ER) Exception Zone” to permit the future creation of two estate residential lots including a reduction in the lot frontage minimum; and THAT by-laws to adopt the Official Plan Amendment and implement the Zoning By-law amendment be presented at a future Council meeting for enactment. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo 1. General Committee Meeting Report of February 7, 2012 (8) PR12-004 – Engagement of Design Engineer for 15059 Leslie Street Servicing Moved by Councillor Ballard Seconded by Councillor Thompson THAT report PR12-004 be received; and THAT Cole Engineering Group Ltd. be engaged to provide Consulting Engineering Services for the design, tendering and administration for servicing 15059 Leslie Street in the amount of $381,490.00, excluding taxes; and THAT the Mayor and Town Clerk be authorized to execute an agreement, including any and all documents and ancillary agreements required to give effect to same, with Cole Engineering Group Ltd. for the provision of consulting services; and THAT the provisions within the Purchasing By-law for sole sourcing be implemented to engage the services of Cole Engineering Group Ltd. CARRIED 4. CFS12-006 – 2012 Operating and Capital Budgets Moved by Councillor Gaertner Seconded by Councillor Ballard a) THAT the 2012 Operating Budget summarized in Schedule 2 which reflects all revisions recommended for approval by Budget Committee, resulting in a total tax levy of $31,515,900, and a total expenditure plan of $49,774,900, generating a 4.77% Town of Aurora share tax increase which results in a 2.42% tax bill increase when combined with the regional and education shares of the tax bill, be approved. Council Meeting Minutes Tuesday, February 14, 2012 Page 6 of 11 On a recorded vote the motion was DEFEATED. YEAS: 4 NAYS: 5 VOTING YEAS: Councillors Abel, Ballard, Gaertner, and Gallo VOTING NAYS: Councillors Buck, Humfryes, Pirri, Thompson, and Mayor Dawe 3. Special General Committee Meeting – Capital & Operating Budget Review & Public Consultation Report of January 16 and 23, 2012 (3) General Budget Discussion – G. Smart Commute $10,000 draft provision for program support Moved by Councillor Humfryes Seconded by Councillor Pirri THAT the draft grant provision of $10,000 to support the Smart Commute program be added back into the 2012 Budget. DEFEATED 10. Memorandum from the Director of Corporate & Financial Services/Treasurer Re: Request for Additional Information re LSRCA Funding Request (Added Item) Moved by Councillor Ballard Seconded by Councillor Thompson THAT $25,000 be added to the Studies and Other Projects capital budget fund, funded from general capital funds, to be contributed directly to Lake Simcoe Region Conservation Authority for the Holland River restoration projects within Aurora; and THAT Lake Simcoe Region Conservation Authority be requested to make a presentation to Council in October 2012 of the specific Holland River projects undertaken during 2012 including the location, nature, cost and funding source of each. CARRIED 4. CFS12-006 – 2012 Operating and Capital Budgets Moved by Councillor Pirri Seconded by Councillor Thompson a) THAT the 2012 Operating Budget summarized in Schedule 2 which reflects all revisions recommended for approval by Budget Committee, resulting in a total tax levy of $31,515,900, and a total expenditure plan of $49,774,900, and a 2.42% tax bill increase when combined with the regional and education shares of the tax bill , be approved; and b) THAT the 2012 Capital Budget for Repair and Replacement of existing infrastructure totalling $8,500,100 as listed in Schedule 6, which reflects all revisions recommended for approval by Budget Committee, be approved; and c) THAT the 2012 Capital Budget for Growth and New Capital totalling $13,205,700, as listed in Schedule 7, which reflects all revisions recommended for approval by Budget Committee, be approved; and Council Meeting Minutes Tuesday, February 14, 2012 Page 7 of 11 d) THAT the 2012 Capital Budget for Studies and Other Projects totalling $571,700 as listed in Schedule 8, which reflects all revisions recommended for approval by Budget Committee, be approved; and e) THAT the Town’s full-time staff complement be increased by 5 to 199 (excluding Library Board and Central York Fire staff) as presented in Schedule 5 and funded in the 2012 Operating Budget; and f) THAT staff prepare the necessary by-law for adoption by Council to set 2012 tax rates and payment dates. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Buck, and Gaertner XIV CLOSED SESSION Moved by Councillor Buck Seconded by Councillor Ballard THAT Council resolve into Closed Session to discuss Item 9 - CLS12-003 – General Committee Closed Session Report dated February 7, 2012. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Gaertner Council resolved into Closed Session at 9:46 p.m. and reconvened into public session at 10:06 p.m. Moved by Councillor Gallo Seconded by Councillor Ballard THAT Council resume the public session. CARRIED 9. CLS12-003 – General Committee Closed Session Report dated February 7, 2012 1. A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: 15059 Leslie Street Moved by Councillor Buck Seconded by Councillor Abel THAT the confidential recommendation of the General Committee Closed Session of February 7, 2012 be adopted. CARRIED Council Meeting Minutes Tuesday, February 14, 2012 Page 8 of 11 2. Personal matters about an identifiable individual, including municipal or local board employees: LGL12-002 – Waiver of Closed Session Confidentiality Moved by Councillor Buck Seconded by Councillor Pirri THAT Council receive Report No. LGL12-002 for information; and THAT Council waive: (a) closed session confidentiality, (b) Administration Procedure No. 22 (Confidentiality), and (c) the confidentiality provisions of Administration Procedure No. 23 (Employee Code of Conduct), with respect to any verbal or written evidence or testimony of Neil Garbe and John Leach regarding the Closed Session Council meeting of September 14, 2010. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Humfryes Re: Preserve Heritage Properties WHEREAS the Ontario Heritage Act enables Municipalities to enact a by-law to designate properties of Heritage value or interest and to regulate any changes or alternations owners wish to make to the property that could negatively affect their heritage attributes; and WHEREAS there is no current by-law to prevent and/or regulate the deterioration of a Heritage property; and WHEREAS this is causing resident concern that future Heritage buildings will deteriorate to the point of not being safe or possible to preserve; THEREFORE BE IT RESOLVED THAT staff report back to Council through investigation, of what measures may be put in place to prevent future deterioration of Heritage buildings of significance and in support of maintaining and honouring our Heritage. (b) Councillor Abel and Councillor Pirri Re: Cultural Services Agreement 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 Council Meeting Minutes Tuesday, February 14, 2012 Page 9 of 11 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; 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. (c) Councillor Abel Re: Official Town Crier 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. Council Meeting Minutes Tuesday, February 14, 2012 Page 10 of 11 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. (ii) Motions for Which Notice Has Been Given None XI REGIONAL REPORT York Regional Council Highlights – January 26, 2012 – Mayor’s Report Moved by Councillor Abel Seconded by Councillor Buck THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION Councillor Gaertner referenced the earlier budget discussions regarding the sidewalk policy and putting sidewalks on both sides of Industrial Parkway South and inquired whether a notice of motion would be needed in order to review the by-law, and Mayor Dawe confirmed that would be the best approach. Councillor Pirri remarked that the men who cooked this week did a fantastic job and he added that Councillor Thompson’s sweet potato fries were delicious and Councillor Abel’s stuffed potatoes were also good. XIII READING OF BY-LAWS Moved by Councillor Gallo Seconded by Councillor Pirri THAT the following listed by-law be given first, second, and third readings and enacted: 5402-12 BEING A BY-LAW respecting construction, demolition, change of use, and other building permits CARRIED Moved by Councillor Buck Seconded by Councillor Thompson THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5403-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on February 14, 2012 CARRIED Council Meeting Minutes Tuesday, February 14, 2012 Page 11 of 11 XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Pirri THAT the meeting be adjourned at 10:22 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF FEBRUARY 14, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON FEBRUARY 28, 2012.