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MINUTES - Council - 20121127 THE TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, November 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, 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 7:07 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 Thompson THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additions, be approved:  Delegation (c) Peter Smith, Resident Re: Item 1(4) – PR12-039 – Aurora Music Festival  Delegation (d) Brent MacKinnon, Max and Olga Donachu, Flo Murry, and Joshy Kallungal Re: Item 1(3) PR12-038 – Feasibility Study for Aurora Community Tennis Club (ACTC) Fleury Park Proposal  Additional Information for Item 1(3) PR12-038 – Feasibility Study for Aurora Community Tennis Club (ACTC) Fleury Park Proposal  Item 4 – Correspondence from Lake Simcoe Region Conservation Authority, Re: Smart Vent Council Meeting Minutes Tuesday, November 27, 2012 Page 2 of 13 III ADOPTION OF THE MINUTES Council Minutes of November 13, 2012 Moved by Councillor Pirri Seconded by Councillor Ballard THAT the Council minutes of November 13, 2012 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Daniele Zanotti, Chief Executive Officer, United Way of York Region Re: Update Council on Key Activities and Celebrate the Strong Partnership with the Town of Aurora Mr. Zanotti thanked the Town of Aurora for the leadership of Council and staff for their great participation and a record fund-raising campaign. He updated Council on key activities and noted that input from residents suggested that they love their neighbourhoods, and want to get involved. Mr. Zanotti advised that research shows that connecting residents with their communities assists in identifying local needs, assets, and strengths, and communities benefit from programs geared to local solutions. He said that getting residents involved in their community is the best prevention for many social issues. Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the United Way of York Region presentation regarding update Council on key activities and celebrate the strong partnership with Aurora be received for information. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes congratulated the organizers of the Santa Claus Parade for a wonderful parade that was well-attended. Councillor Buck thanked staff, and advised that she participated in the parade and thousands came out in support. Councillor Humfryes congratulated the Pine Tree Potters Guild for their fund- raising Empty Bowls event. Councillor Ballard noted that the event raised $15,000 this year and a total of $43,000 over the past three years. Councillor Abel congratulated Charles Sequeira, President of the Aurora Seniors Association as he will be a recipient of a Queen’s Diamond Jubilee medal. Councillor Ballard noted that Aurora resident and Grammy winner Bonny Kraft will also be a recipient, and Mayor Dawe noted that Don Harrison will be receiving this medal as well. Mayor Dawe advised that the Community Recognition Awards will be held this Thursday in Council Chambers. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(1), 1(3), 1(4), 1(7), 1(8), 2, and 3 were identified for discussion. Council Meeting Minutes Tuesday, November 27, 2012 Page 3 of 13 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 1, 3, 4, 7, and 8), and 4 were identified as items not requiring separate discussion. Moved by Councillor Buck Seconded by Councillor Thompson 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 November 6, 2012 THAT the General Committee meeting report of November 6, 2012 be received and the recommendations carried by the Committee (with the exception of subsections 1, 3, 4, 7, and 8) be approved. 4. Memorandum from Mayor Dawe Re: Correspondence from Lake Simcoe Region Conservation Authority Re: Smart Vent THAT the correspondence from Lake Simcoe Region Conservation Authority regarding Smart Vent be received for information. CARRIED VIII DELEGATIONS (a) Alison Collins-Mrakas, Chair, and Greg Smith, Vice Chair, Sesquicentennial Ad Hoc Committee Re: Item 3 – PR12-044 – Sesquicentennial Budget Ms Collins-Mrakas and Mr. Smith reported that the program and accompanying budget have been revised, and that the application to the federal government cannot be reviewed until the budget has been set. They noted potential partnerships that can also be investigated. Ms Collins-Mrakas and Mr. Smith advised that the Flag Competition is underway and that all children who are residents of Aurora can participate with their submission by December 14. They advised that there have been many applicants for the Event Coordinator position. Moved by Councillor Abel Seconded by Councillor Gallo THAT the comments of the delegate be received for information. CARRIED (b) Kenneth Kosowan, Resident Re: Item 1 (7) – IES12-059 – On-Street Parking Safety Concerns on Stone Road Mr. Kosowan advised that there has been a lack of consultation with Stone Road residents regarding the proposed changes to on-street parking. He said that limiting parking could overload the remaining spots or cause undue hardship for those who are elderly or handicapped. Mr. Kosowan noted that the real concern is traffic flow and speed, and made suggestions for Council’s consideration with respect to the concerns of the residents of Stone Road. Council Meeting Minutes Tuesday, November 27, 2012 Page 4 of 13 Moved by Councillor Abel Seconded by Councillor Gallo THAT the comments of the delegate be received for information. CARRIED (c) Peter Smith, Resident Re: Item 1(4) – PR12-039 – Aurora Music Festival Mr. Smith noted his concerns surrounding the Aurora Music Festival and that as a volunteer at past Aurora Jazz Festivals he was proud of the event and advised that past festivals have received accolades as a well-run event. He said that the previous organizers may not consider running the event next year and asked why Council has changed the process after four successful years. Mr. Smith advised that the perimeter must be controlled for security and insurance reasons. He noted that without controlling the entry of festival goers, gate receipts cannot be collected, and the costs and deficits would have to be covered by the organizers, sponsors, and tax payers. Mr. Smith asked for Council’s consideration regarding this issue. Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the comments of the delegate be received for information. CARRIED Moved by Councillor Gaertner Seconded by Councillor Gallo THAT the Procedural By-law be waived to allow for more than one speaker. CARRIED (d) Brent MacKinnon, Max and Olga Donachu, and Flo Murry Re: Item 1(3) PR12-038 – Feasibility Study for Aurora Community Tennis Club (ACTC) Fleury Park Proposal Ms Murry noted that as a former long-time tennis player and supporter of the performing arts and heritage, she is in favour of the Fleury Park Proposal. She added that it is worthy of consideration and as a potential sesquicentennial grant beneficiary. Mr. Donachu advised that Aurora needs more tennis courts for indoor and outdoor use and that it is now an Olympic event. Olga Donachu said that she would like to become a professional tennis player and would appreciate the opportunity to practice year-round. Mr. MacKinnon asked Council for support of this proposal as it appeals and is supported by residents of all ages, and areas of recreation. Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the comments of the delegate be received for information. CARRIED Council Meeting Minutes Tuesday, November 27, 2012 Page 5 of 13 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Buck Seconded by Councillor Abel THAT Item 1(7) be brought forward for consideration. CARRIED 1. General Committee Meeting Report of November 20, 2012 (7) IES12-059 – On-Street Parking Safety Concerns on Stone Road Moved by Councillor Gallo Seconded by Councillor Abel THAT this Item be referred to staff. Moved by Councillor Gallo Seconded by Councillor Humfryes THAT this Item be tabled. CARRIED Moved by Councillor Gallo Seconded by Councillor Pirri THAT this Item be removed from the table. CARRIED The referral was voted on and CARRIED. Moved by Councillor Pirri Seconded by Councillor Gaertner THAT Items 2 and 3 be brought forward for consideration. CARRIED 2. SAC12 -07 – Sesquicentennial Ad Hoc Committee Report, November 7, 2012 (3) Memorandum from Mayor Dawe Re: Sesquicentennial Ad Hoc Committee Moved by Councillor Abel Seconded by Councillor Thompson THAT the SAC12-07 – Sesquicentennial Ad Hoc Committee Report, November 7, 2012, Item 3 – Memorandum from Mayor Dawe regarding the Sesquicentennial Ad Hoc Committee be received for information. CARRIED 3. PR12-044 – Sesquicentennial Budget Moved by Councillor Abel Seconded by Councillor Thompson THAT report PR12-044 be received; and THAT Council approve a budget of $197,000.00 for events and staff support related to the proposed Sesquicentennial celebrations; and Council Meeting Minutes Tuesday, November 27, 2012 Page 6 of 13 THAT funds be allocated from the Council Discretionary Reserve Fund for this purpose. CARRIED Moved by Councillor Gallo Seconded by Councillor Humfreys THAT Item 1(3) be brought forward for consideration. CARRIED 1. General Committee Meeting Report of November 20, 2012 (3) PR12-038 – Feasibility Study for Aurora Community Tennis Club (ACTC) Fleury Park Proposal Moved by Councillor Gallo Seconded by Councillor Ballard THAT staff include in the 2013 capital budget the design and construction costs for the addition of two (2) new tennis courts at Fleury Park including earthworks to construct a basic amphitheatre on the west side of the facility, and a hydrological study for this site, taking into consideration the possibility of constructing an indoor, multi-use, all season facility; and THAT Council include $2 million dollars in the 2013 capital budget for the construction of an indoor, multi-use, all season facility that would be subject to further studies, reports, and funding, to be constructed in 2013 to celebrate the Town’s Sesquicentennial; and THAT the Town assist the Aurora Community Tennis Club (ACTC) with a letter of support to apply for the Heritage Canada Legacy Fund grant which can provide up to $500,000 towards capital cost, and support this project as a venue for Sesquicentennial events. On a recorded vote the motion was DEFEATED. YEAS: 3 NAYS: 6 VOTING YEAS: Councillors Ballard, Gallo, and Humfryes VOTING NAYS: Councillors Abel, Buck, Gaertner, Pirri, Thompson, and Mayor Dawe Moved by Councillor Humfryes Seconded by Councillor Pirri THAT staff work with the Aurora Community Tennis Club to explore alternate locations for an all season multi-purpose tennis facility in the Town, as soon as possible. CARRIED Moved by Councillor Gallo Seconded by Councillor Ballard THAT Item 1(8) be brought forward for consideration. CARRIED Council Meeting Minutes Tuesday, November 27, 2012 Page 7 of 13 1. General Committee Meeting Report of November 20, 2012 (8) IES12-060 – Authorization to Proceed with Tendering Cousins Drive Pedestrian Crossing Moved by Councillor Gallo Seconded by Councillor Pirri THAT this Item be referred to the Trails and Active Transportation Committee while staff continue their discussions with Metrolinx. CARRIED 1. General Committee Meeting Report of November 20, 2012 (1) PR12-040 – Community Space for Youth Moved by Councillor Pirri Seconded by Councillor Abel THAT report PR12-040 be received; and THAT Council endorse Option Two; and THAT Council direct staff to prepare an RFP to engage the services of an architect and proceed with detailed design and cost estimates; and THAT the budget be increased to reflect the capital costs identified in this report. On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Buck, Gaertner, and Gallo 1. General Committee Meeting Report of November 20, 2012 (4) PR12-039 – Aurora Music Festival Moved by Councillor Pirri Seconded by Councillor Buck THAT report PR12-039 be received; and THAT Council approve the Terms of Reference identified in this report for a Music Festival on the Civic Holiday, with the length to be determined by the proponent; and THAT preference be given to no fencing around the park perimeter; and THAT staff be directed to prepare an RFP for the services requested and report back to Council with the results. On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Buck, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, Gallo, and Humfryes Council Meeting Minutes Tuesday, November 27, 2012 Page 8 of 13 Moved by Councillor Buck Seconded by Councillor Humfryes THAT the Procedural by-law be waived to extend the hour to 11 p.m. CARRIED Council recessed at 10:25 p.m. Council reconvened at 10:30 p.m. X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Pirri Re: Quick Response (QR) Codes WHEREAS Quick Response (QR) codes are now used in a wide range of applications from package tracking, ticketing, loyalty marketing as well as in store product marketing; and WHEREAS free applications on smart phones allow individuals to utilize QR codes; and WHEREAS a QR code can direct an individual to a specific website; and WHEREAS the Town of Aurora is currently looking at new options for the Aurora.ca website; and WHEREAS a QR code could be utilized to provide residents with more information on any given topic; and WHEREAS this technology could be utilized on planning notices, in municipal leisure guides, on advertising, as well as in a variety of different ways THEREFORE BE IT RESOLVED THAT in the month of April, staff be directed to bring back a report outlining the costs and feasibility of utilizing QR codes on a regular and continuing basis (ii) Motions for Which Notice Has Been Given (a) Councillor Ballard Re: Comprehensive Expense Policies Moved by Councillor Ballard Seconded by Councillor Gallo WHEREAS the Town of Aurora has stated its commitment to being an open, transparent and accountable government that is fiscally responsible; and WHEREAS esteemed organizations such as the Federal and Provincial Privacy Commissioners and Ontario Ombudsman have adopted Proactive Disclosure that includes Senior Staff expenses; and WHEREAS the Ontario Municipal Act, Section 284, requires municipalities to provide an itemized statement of remuneration and expenses paid to each Member of Council only on an annual basis; and Council Meeting Minutes Tuesday, November 27, 2012 Page 9 of 13 WHEREAS neighbouring communities, notably Richmond Hill, Vaughan and Toronto, have adopted comprehensive Council expense policies with timely online reporting of Council Member expenses; and WHEREAS the City of Toronto’s public expense reporting includes expenses of Senior Staff; and WHEREAS the Town of Aurora’s Members of Council Expense Policy No. 57 only addresses Council Member spending on conferences, seminars, training and development, and expense allowance with minimal detail, and was written in 2001 and revised in 2006; and WHEREAS Employment Expenses Policy 28, addresses staff expenses and acts only as a “guide” for Council Member expenses, and was written in 1988 and revised in 2002; and WHEREAS it is in the best interest of the community we serve to disclose, in a comprehensive and public manner, the details of expenses that Councillors and Senior Staff incur, and that taxpayers fund from their pockets. NOW THEREFORE BE IT RESOLVED THAT staff be directed to develop new expense policies for both Members of Council and Senior Staff that are comprehensive and provide openness, transparency, and accountability to the residents and taxpayers of Aurora. Moved by Councillor Ballard Seconded by Councillor Gallo THAT this Item be referred to a workshop on January 29, 2013. CARRIED (b) Councillor Ballard Re: Alcohol Reimbursement Policy Moved by Councillor Ballard Seconded by Councillor Gallo WHEREAS the Town of Aurora has stated its commitment to being an open, transparent and accountable government that is fiscally responsible; and WHEREAS the public’s attitude toward alcohol consumption and the reimbursement of public officials for alcohol purchases has changed since the Town of Aurora’s Members of Council Expense Policy No. 57 (2001, rev. 2006) and Employment Expenses Policy 28 (1988, rev. 2002) were written; and WHEREAS Policy No. 28 was written for Staff, but has acted only as a “guide” for Council Member expenses; and WHEREAS both Policy No. 28 and Policy No. 57 are silent with regard to reimbursing Staff and Council Members for alcohol purchases; and WHEREAS Senior Staff and Council Members can currently be reimbursed for alcohol purchases; and WHEREAS it is important for Council to manage its risk and not put the Corporation in financial jeopardy; and Council Meeting Minutes Tuesday, November 27, 2012 Page 10 of 13 WHEREAS Canadian courts have made significant damage and cost awards against corporations responsible for providing alcohol, where alcohol is a contributing factor of an accident; and WHEREAS The Town of Aurora could be placed at unknown financial risk if it continues to reimburse Council Members and Senior Staff for alcohol purchases; and WHEREAS the reimbursement of alcohol purchases by Councillors and Senior Staff may appear to encourage drinking and driving, which is not condoned by the public and could put the Corporation at serious financial risk; and WHEREAS Transport Canada reports over 1,000 Canadians die each year in alcohol-related crashes and that these crashes cost Canadians over $10.6 billion a year in lost wages, property damage and health-care costs; and WHEREAS taxpayers, generally, no longer consider it appropriate to fund the purchase of alcohol by elected officials and staff. NOW THEREFORE BE IT RESOLVED THAT effective December 1, 2012, reimbursement for alcohol purchases made by Members of Council and Senior Staff be discontinued. Moved by Councillor Ballard Seconded by Councillor Gallo THAT this Item be referred to a workshop on January 29, 2013. DEFEATED Moved by Councillor Buck Seconded by Councillor Humfryes THAT the Procedural by-law be waived to extend the hour by 30 minutes. CARRIED (two-thirds majority) Moved by Councillor Buck Seconded by Councillor Pirri THAT the question be called. DEFEATED The main motion was DEFEATED on a recorded vote. YEAS: 4 NAYS: 5 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, and Humfryes VOTING NAYS: Councillors Abel, Buck, Pirri, Thompson, and Mayor Dawe Council Meeting Minutes Tuesday, November 27, 2012 Page 11 of 13 Moved by Councillor Thompson Seconded by Councillor Abel THAT the Policy 28 be referred to a workshop on January 29, 2013. 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 (c) Councillor Thompson Re: Audio Recordings of Closed Session Meetings Moved by Councillor Thompson Seconded by Councillor Humfryes WHEREAS the Closed Session meetings and attendant proceedings of Council are subject to investigation at any time should a member of the public feel it is warranted; and WHEREAS the accuracy of the records and/or documentation kept in regards to the Closed Session meetings and proceedings of Council is therefore vital; and WHEREAS currently only minutes are taken and there is no verbatim— written or audio-recorded—record of the Closed Session proceedings of Council; and WHEREAS the Ontario Ombudsman has called for all closed-door meetings to be recorded to enhance transparency and assist in the investigation of any Closed Session complaints by the public. NOW THEREFORE BE IT RESOLVED THAT Council revisit this issue which was brought forward in the last term by former Councillor Collins- Mrakas and that staff be directed to report back on the recommendation to have all future Closed Session meetings of Council audio-recorded and what protocols should be put into place for the access, retention and destruction of these records. CARRIED (d) Councillor Thompson Re: Motion to Reconsider a Tie Vote Moved by Councillor Thompson Seconded by Councillor Pirri WHEREAS the current Procedural By-Law states that any motion that receives a tie vote shall be deemed to have been in the negative; and WHEREAS tie votes, though not common, can have a serious implication on moving the business of the Town forward; and WHEREAS there may be times when a tie vote shall be the result of not all Members of Council being present for the vote. NOW THEREFORE BE IT RESOLVED THAT section 8.14 of the Procedural By-Law be revised to read as follows: Council Meeting Minutes Tuesday, November 27, 2012 Page 12 of 13 8.14 After Council determines the final outcome of a matter, such matter shall not be reconsidered within six (6) months unless there is a motion, which has been seconded, to reconsider the matter and it carries by a two- thirds majority vote of the Members present. However, notwithstanding the foregoing, any matter that was determined in the negative as a result of a tie vote due to an absent Member of Council may be reconsidered at the next Council meeting via a motion, which has been seconded, to reconsider the matter and it is carried by a simple majority vote of the Members present. CARRIED (e) Councillor Thompson Re: SLAPP Lawsuit Moved by Councillor Thompson Seconded by Councillor Humfryes THAT this Item be referred to the next Council meeting. CARRIED XI REGIONAL REPORT York Regional Council Highlights – November 15, 2012 – Mayor’s Report Moved by Councillor Buck Seconded by Councillor Pirri THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION Councillor Abel advised that the Santa Claus parade will be rebroadcast and details are available on the Town website. XIII READING OF BY-LAWS Moved by Councillor Buck Seconded by Councillor Abel THAT the following listed by-laws be given first, second, and third readings and enacted: 5466-12 BEING A BY-LAW to adopt Official Plan Amendment No. 2 CARRIED Moved by Councillor Abel Seconded by Councillor Pirri THAT the Procedural by-law be waived to extend the hour by 5 minutes. CARRIED (two-thirds majority) Council Meeting Minutes Tuesday, November 27, 2012 Page 13 of 13 Moved by Councillor Pirri Seconded by Councillor Gallo THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5471-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 27, 2012 CARRIED XIV CLOSED SESSION None XV ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Gallo THAT the meeting be adjourned at 11:34 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 27, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON DECEMBER 18, 2012.