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MINUTES - Council - 20130212 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, February 12, 2013 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 7:01 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 Gallo Seconded by Councillor Gaertner THAT Councillor Gallo be allowed to add two memorandums to the agenda for information. DEFEATED Moved by Councillor Pirri Seconded by Councillor Buck THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additions, be approved:  Delegation (a) Rebecca Beaton Re: Item 1(5) – CAO13-002 – Soccer Dome History and Financial Arrangements  Delegation (b) George Roche, Farley Flex, and Christine Bentley, Lucid Community Development Group Re: Item 1(18) – PR13-007 – Aurora Live Council Meeting Minutes Tuesday, February 12, 2013 Page 2 of 13  Delegation (c) Steve Daniels, Development Manager, Tridel-Deltera Re: Item 1(1) – Memorandum from Marco Ramunno, Director of Planning and Development Services Re: Additional Information to Planning Report No. PL12-043 Applications to Amend the Official Plan and Zoning By-law Perwick Investments Limited Northeast Corner of John West Way & Wellington St. E. Files: D09-03-05 & D14-16-05  Item 11 – Memorandum from the Director of Customer and Legislative Services/ Town Clerk Re: Budget Meeting Cancellation CARRIED III ADOPTION OF THE MINUTES Council Minutes of January 22, 2013 Special Council – Public Planning Minutes of January 23, 2013 Special Council Minutes of January 30, 2013 Moved by Councillor Gallo Seconded by Councillor Buck THAT notations regarding Councillors departing and returning to the January 23, 2013 Special Council-Public Planning meeting minutes be deleted. CARRIED Moved by Councillor Pirri Seconded by Councillor Abel THAT the Council minutes of January 22, 2013, the Special Council – Public Planning minutes of January 23, 2013 as amended, and the Special Council minutes of January 30, 2013 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Dave Douglas, Vision Quest Environmental, and Chris Galifi, Director of Corporate Development, Global Electric Electronic Processing (GEEP) Re: Cheque Presentation regarding E-waste Event on January 19, 2013 Mr. Douglas and Mr. Galifi presented Mayor Dawe and the Town of Aurora with a cheque in the amount of $2,668 representing a revenue share from over 23,000 pounds of electronic waste collected from over 300 vehicles that attended the e- waste event on Saturday, January 19, 2013. Moved by Councillor Abel Seconded by Councillor Pirri THAT the Presentation from GEEP regarding the E-waste Event on January 19, 2013 be received for information. CARRIED Council Meeting Minutes Tuesday, February 12, 2013 Page 3 of 13 V PUBLIC SERVICE ANNOUNCEMENTS Councillor Buck congratulated her grandson’s team, representing Canada East, for winning silver at the Special Olympics held in South Korea. She noted that Canada West won Gold at the event. Councillor Humfryes advised that the recent Mardi Gras Casino event was a huge success. Councillor Humfryes advised that Council Critters, captained by Mayor Dawe, will participate in the Run/Walk for Southlake to be held at the end of April. Councillor Gaertner noted that Pathways of York Region will be holding a fundraiser, selling toques for $10, in support of Homeless Youth and that more information can be found at www.raisingtheroof.org. Councillor Pirri advised that Queen’s York Rangers will be holding an appreciation fundraiser at Cardinal Golf Course on March 6, and that information can be found at www.qyrappreciation.ca. Mayor Dawe thanked Councillors Abel, Humfryes, Pirri, and Thompson along with many former Mayors and Councillors for joining him at the Mayor’s Levee held on February 4, and the Sesquicentennial Ad Hoc Committee for all of their hard work. Mayor Dawe advised that Artic Adventure will be held on Family Day with many fun events planned. Mayor Dawe invited residents to attend the Winter Blues Fest to be held on March 2 with all proceeds going to Blue Doors Shelters, a support group for the homeless. He noted that more information can be found at www.awbf.ca. Mayor Dawe thanked Councillor Humfryes for her hard work on the Mardi Gras event. Mayor Dawe advised that Hillary House will be opening its doors from February 18-24 for Heritage Week with interactive exhibits. Councillor Abel advised that One Act at a Time will be holding a Talent Search for local musicians on February 23 at the Newmarket Community Church with all proceeds going directly to Enbridge Ride to Conquer Cancer. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (subsections1, 2, 3, 5, and 18), 9, and 10 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 1, 2, 3, 5, and 18), 2, 3, 4, 5, 6, 7, 8, and 11 were identified as items not requiring separate discussion. Moved by Councillor Pirri Seconded by Councillor Ballard 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: Council Meeting Minutes Tuesday, February 12, 2013 Page 4 of 13 1. General Committee Meeting Report of February 5, 2013 THAT the General Committee meeting report of February 5, 2013 be received and the recommendations carried by the Committee be approved, with the exception of subsections 1, 2, 3, 5, and 18. 2. Special General Committee – 2013 Budget Review Meeting Report of January 21, 2013 THAT the Special General Committee – 2013 Budget Review meeting report of January 21, 2013 be received for information. 3. Special General Committee – 2013 Budget Review Meeting Report of January 28, 2013 THAT the Special General Committee – 2013 Budget Review meeting report of January 28, 2013 be received for information. 4. Special General Committee Meeting Report of January 29, 2013 THAT the Special General Committee meeting report of January 29, 2013 be received and the recommendations carried by the Committee be approved. 5. Special General Committee – 2013 Budget Review Meeting Report of February 4, 2013 THAT the Special General Committee – 2013 Budget Review meeting report of February 4, 2013 be received for information. 6. CLS13-004 – General Committee Closed Session Report dated January 28, 2013 THAT report CLS13-004 be received; and THAT Council adopt the confidential recommendation of the Special General Committee – 2013 Budget Review Closed Session of January 28, 2013. 7. CLS13-005 – General Committee Closed Session Report dated February 5, 2013 THAT report CLS13-005 be received; and THAT Council adopt the confidential recommendation of the Closed Session General Committee meeting of February 5, 2013. 8. Memorandum from Mayor Dawe Re: Correspondence from the Aurora Food Pantry THAT the memorandum regarding Correspondence from the Aurora Food Pantry be received for information. Council Meeting Minutes Tuesday, February 12, 2013 Page 5 of 13 11. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Budget Meeting Cancellation THAT the memorandum regarding Budget Meeting Cancellation be received; and THAT Council cancel the Special General Committee – 2013 Budget Review meeting scheduled for Monday, February 25, 2013. CARRIED VIII DELEGATIONS (a) Rebecca Beaton, Resident Re: Item 1(5) – CAO13-002 – Soccer Dome History and Financial Arrangements Ms Beaton reviewed the history of reports received and recommendations made by past Council in previous years. She noted where costs were to be shared, specifically the responsibility of the taxes and operating costs. Ms Beaton indicated the operator did not provide important operating information to Council and noted that the Soccer Dome has been on the Pending List for four years. Moved by Councillor Buck Seconded by Councillor Abel THAT the comments of the delegate be received for information. CARRIED (b) George Roche, Farley Flex, and Christine Bentley, Lucid Community Development Group Re: 1(18) – PR13-007 – Aurora Live Mr. Roche addressed potential concerns that Council may have regarding Lucid Community Development Group’s ability to design and execute an event of this nature and advised that he has produced many festivals and had over 400 bands on stage. He noted that Lucid Community Development Group has the capability to collaborate with the business community and partner with other groups and indicated that he would provide transparency in all areas of the event. Mr. Roche advised on various aspects with respect to planning of this event. Moved by Councillor Thompson Seconded by Councillor Abel THAT the comments of the delegate be received for information. CARRIED (c) Steve Daniels, Development Manager, Tridel-Deltera Re: 1(1) – Memorandum from Marco Ramunno, Director of Planning and Development Services Re: Additional Information to Planning Report No. PL12-043 Applications to Amend the Official Plan and Zoning By-law Perwick Investments Limited Northeast Corner of John West Way & Wellington St. E. Files: D09-03-05 & D14-16-05 Council Meeting Minutes Tuesday, February 12, 2013 Page 6 of 13 Mr. Daniels asked Council to consider deferring these applications for a short period of time until he is able to meet with the Director of Planning and Development Services to review the identified issues that were raised regarding the Promenade Plan. Moved by Councillor Buck Seconded by Councillor Humfryes THAT the comments of the delegate be received for information. CARRIED IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Abel Seconded by Councillor Gallo THAT Items 1(1), 1(18), and 1(5) be moved forward for consideration. CARRIED 1. General Committee Report of February 5, 2013 (1) Memorandum from Marco Ramunno, Director of Planning and Development Services Re: Additional Information to Planning Report No. PL12-043 Applications to Amend the Official Plan and Zoning By-law Perwick Investments Limited Northeast Corner of John West Way & Wellington St. E. Files: D09-03-05 & D14-16-05 Moved by Councillor Pirri Seconded by Councillor Thompson THAT this application be refused for, among other things, lack of consistency with the vision and policies of the Promenade Plan. Moved by Councillor Buck Seconded by Councillor Abel THAT this Item be deferred to the April 16, 2013 General Committee meeting or sooner. CARRIED 1. General Committee Report of February 5, 2013 (18) PR13-007 – Aurora Live Main Motion Moved by Councillor Pirri Seconded by Councillor Abel THAT report PR13-007 be received; and THAT Council approve in principle the submission of Lucid Productions for the provision of a Music Festival at Machell Park on Saturday, July 27 and Sunday, July 28, 2013; and THAT staff be directed to meet with the organizers of the event to ensure that all municipal requirements are addressed and are compliant with any fees or permits required. Council Meeting Minutes Tuesday, February 12, 2013 Page 7 of 13 Amendment Moved by Councillor Gallo Seconded by Councillor Ballard THAT staff provide a full report to Council. CARRIED Main Motion as Amended Moved by Councillor Pirri Seconded by Councillor Abel THAT report PR13-007 be received; and THAT Council approve in principle the submission of Lucid Productions for the provision of a Music Festival at Machell Park on Saturday, July 27 and Sunday, July 28, 2013; and THAT staff be directed to meet with the organizers of the event to ensure that all municipal requirements are addressed and are compliant with any fees or permits required; and THAT staff provide a full report to Council. On a recorded vote the main motion as amended CARRIED. YEAS: 9 NAYS: 0 VOTING YEAS: Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: None Moved by Councillor Thompson Seconded by Councillor Pirri THAT Council recess for five minutes. CARRIED Council recessed at 9:09 p.m. and reconvened at 9:14 p.m. 1. General Committee Report of February 5, 2013 (5) CAO13-002 – Soccer Dome History and Financial Arrangements Main Motion Moved by Councillor Buck Seconded by Councillor Pirri THAT report CAO13-002 be received; and THAT staff be directed to negotiate terms of a new agreement with Aurora Sports Dome based on the objectives of transferring all costs associated with the operation of the dome to Aurora Sports Dome; and THAT staff report back to Council prior to execution with revised terms. Council Meeting Minutes Tuesday, February 12, 2013 Page 8 of 13 Amendment Moved by Councillor Buck Seconded by Councillor Ballard THAT the Town Solicitor report back to Council on the tax exemption status and any opportunity to recoup taxes paid. CARRIED Main Motion as Amended Moved by Councillor Buck Seconded by Councillor Pirri THAT report CAO13-002 be received; and THAT staff be directed to negotiate terms of a new agreement with Aurora Sports Dome based on the objectives of transferring all costs associated with the operation of the dome to Aurora Sports Dome; and THAT the Town Solicitor report back to Council on the tax exemption status and any opportunity to recoup taxes paid; and THAT staff report back to Council prior to execution with revised terms. CARRIED 1. General Committee Report of February 5, 2013 (2) PL12-043 – Applications to Amend the Official Plan and Zoning By-law Perwick Investments Limited Northeast Corner of John West Way & Wellington St. E. Files: D09-03-05 & D14-16-05 Moved by Councillor Gallo Seconded by Councillor Thompson THAT this Item be deferred to the April 16, 2013 General Committee meeting or sooner. CARRIED 1. General Committee Report of February 5, 2013 (3) CCAC12-001 – Report of the Council Compensation Ad Hoc Committee Moved by Councillor Abel Seconded by Councillor Humfryes THAT report CCAC12-001 be received for information. CARRIED 9. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights January 25, 2013 – Annual General Meeting Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights January 25, 2013 – Annual General Meeting be received for information. CARRIED Council Meeting Minutes Tuesday, February 12, 2013 Page 9 of 13 10. Memorandum from the Director of Customer & Legislative Services/Town Clerk Re: Motion to Reconsider a Tie Vote Moved by Councillor Gallo Seconded by Councillor Thompson THAT the memorandum regarding Motion to Reconsider a Tie Vote be received; and THAT Section 8.14 of Council’s Procedural By-law be amended by replacing it with the following: 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. 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 X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Buck Re: Town-Owned Property at 215 Industrial Parkway South WHEREAS the property owned by the Town at 215 Industrial Parkway South (the former Hydro building) has been leased out for ten years; and WHEREAS the property is surplus to the Town's needs as established by the fact of the lease; and WHEREAS the Town is contemplating significant expenditures to add space for Town functions; and WHEREAS it is incumbent on the Corporation to seek ways and means to mitigate the cost of the new facilities. NOW THEREFORE BE IT RESOLVED THAT the property owned by the Town at 215 Industrial Parkway South be declared surplus to the Town's needs, evaluated and listed for sale for the purpose of realizing the asset and using the proceeds towards funding the new facilities. (b) Councillor Buck Re: Aurora Men’s Soccer Club WHEREAS the Aurora Men's Soccer Club has a $1.00 per year lease with the Town for five acres of land; and Council Meeting Minutes Tuesday, February 12, 2013 Page 10 of 13 WHEREAS the Aurora Men's Soccer Club has a Club House on public property; and WHEREAS the Club caters weddings and other receptions for members and holds a liquor licence and serves business lunches; and WHEREAS the property is exempt from taxation as a public property. NOW THEREFORE BE IT RESOLVED THAT Town Legal Services be directed to review and report to Council how the Aurora Men's Soccer Club differs from the Aurora Soccer Dome, respecting exemption of public property from taxation. (c) Councillor Buck Re: Soccer Dome Tax Exempt Status? WHEREAS the Soccer Dome in Aurora has been deemed subject to taxation; and WHEREAS according to an agreement signed in good faith, the Town has been paying regional and school board taxes on the Soccer Dome for seven years; and WHEREAS the Soccer Dome is a public/private partnership for shared use of a facility on public land; and Whereas other publicly-owned facilities providing a service within the municipality are exempt from taxation. NOW THEREFORE BE IT RESOLVED THAT Legal Services Department be directed to review and report to Council on the merits of challenging the decision, with a view to establishing tax exempt status for the publicly owned property. (ii) Motions for Which Notice Has Been Given (a) Councillor Pirri Re: Referendum on Representation Moved by Councillor Pirri Seconded by Councillor Abel WHEREAS Aurora Town Council actively seeks input from residents on a variety of matters; and WHEREAS the question of adopting a ward system in the municipality of Aurora was prevalent during the 2006 and 2010 municipal elections; and WHEREAS providing access and allowing participation in the political process is a means to engage individuals; and WHEREAS the decision of how an individual is to be represented at a municipal level should be theirs to make; and WHEREAS there is a distinct change in the population and geographic location of individuals within the Town of Aurora; and WHEREAS the majority of the Town of Aurora will be built out by the 2018 municipal election. NOW THEREFORE BE IT RESOLVED THAT staff be directed to place two referendum questions on the ballot of the 2014 municipal elections; and Council Meeting Minutes Tuesday, February 12, 2013 Page 11 of 13 THAT staff be directed to perform any duties associated with placing these questions on a ballot as dictated by the Municipal Elections Act; and THAT the first question pertain to reducing the number of councillors from 8 to 6, commencing the 2018 term of office; and THAT the second question pertain to the introduction of a ward system commencing the 2018 term of office; and THAT a draft of these questions be presented to a General Committee meeting during the first agenda cycle of the month of April. Moved by Councillor Pirri Seconded by Councillor Ballard THAT this item be referred to staff for a report in September. CARRIED XI REGIONAL REPORT York Regional Council Highlights – January 24, 2013 Moved by Councillor Gaertner Seconded by Councillor Thompson THAT the Regional Report be received for information. CARRIED Moved by Councillor Pirri Seconded by Councillor Thompson THAT the Procedural By-law be waived to extend the hour by ten minutes. CARRIED XII NEW BUSINESS/GENERAL INFORMATION Councillor Thompson inquired about the Parking Standards and whether they should be reconsidered. The Director of Planning and Development Services noted that they are under review and that he has had discussions with a developers group and they are working on new ways to address this issue. Councillor Buck noted that the matter with regard to delegates coming before General Committee and then returning to Council with different tactics should be reviewed. The Director of Customer and Legislative Services advised that this would require an amendment to the Procedural By-law and that the Chair could caution delegates against inappropriate questions or comments. Councillor Humfryes inquired about when Council would receive an update with regard to the Heritage Property Standards. The Director of Legal Services/Town Solicitor noted that a by-law would be coming forward to Council for consideration on February 26, 2013. Councillor Humfryes inquired about the cataloguing of artefacts at the museum and when a report would be brought back to Council. The Director of Parks and Recreation Services advised that it would be on the next General Committee agenda. Councillor Humfryes noted that Relay for Life kicked off this past weekend and that Council members would be putting together a team for this worthwhile event. Council Meeting Minutes Tuesday, February 12, 2013 Page 12 of 13 Councillor Gaertner inquired about when Council would receive more detail in Closed Session with regard to the particulars of current legal expense claims and their impact on increased insurance costs for 2013. The Director of Customer and Legislative Services/Town Clerk advised that this would occur in the near future. Councillor Gaertner commended Town staff for their hard work last week during the massive storm. Councillor Gaertner requested that the public be advised as to when the Region would be addressing Council regarding water. Councillor Abel noted he had attended the launch for Big Brothers and Big Sisters and advised that he has challenged Chief Jolliffe to a bowling match. Councillor Ballard inquired about the Accessibility report regarding Council Chambers and what the follow-up process would entail. The Director of Customer and Legislative Services/Town Clerk noted that the Accessibility Advisor would be providing a report on the impact on sightlines in the near future. Councillor Ballard inquired whether the Sesquicentennial Ad Hoc Committee had any news regarding grants for which they had applied. The Director of Parks and Recreation Services advised that the Sesquicentennial is now called “Aurora 150” and that he has been in constant communication regarding the grant but has received no news as of yet. Councillor Ballard advised that former Mayor Morris was exonerated on Conflict of Interest charges. XIII READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Pirri THAT the following listed by-laws be given first, second, and third readings and enacted: 5486-13 BEING A BY-LAW to amend Parking and Traffic Control By- law Number 4574-04.T, as amended, with Respect to School Bus Loading Zones on Tecumseh Drive 5487-13 BEING A BY-LAW to amend By-law Number 5465-12 to appoint Building Inspectors for The Corporation of the Town of Aurora CARRIED Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following listed by-law be given first, second, and third readings and enacted: 5488-13 BEING A BY-LAW to amend By-law Number 5330-11 to govern the procedures of the Council of the Corporation of the Town of Aurora and its Committees and Boards CARRIED Council Meeting Minutes Tuesday, February 12, 2013 Page 13 of 13 Moved by Councillor Thompson Seconded by Councillor Ballard THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5485-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on February 12, 2013 CARRIED XIV CLOSED SESSION None XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Abel THAT the meeting be adjourned at 10:45 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF FEBRUARY 12, 2013 RECEIVED FINAL APPROVAL AT COUNCIL ON FEBRUARY 26, 2013.