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MINUTES - Council - 20130611 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, June 11, 2013 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Ballard, Buck, Gaertner, Gallo, Humfryes (arrived 7:04 p.m.), Pirri, and Thompson MEMBERS ABSENT Councillor Abel OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Building and By-Law Services, Director of Corporate and Financial Services/Treasurer, Director of Infrastructure and Environmental Services, Director of Legal Services/Town Solicitor, Manager of Recreation, Director of Planning and Development Services, and Council/Committee Secretary Following Open Forum, Mayor Dawe called the meeting to order at 7 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 Gaertner Seconded by Councillor Thompson THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additions, be approved:  Item 12 – Memorandum from the Director of Corporate and Financial Services Re: Special General Committee Meeting: Audit Committee, June 25, 2013  CLOSED SESSION 1. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board; Re: LGL13-008 – Morris v. Town of Aurora CARRIED Council Meeting Minutes Tuesday, June 11, 2013 Page 2 of 13 III ADOPTION OF THE MINUTES Special Council Meeting Minutes of May 27 , 2013 Council Meeting Minutes of May 28 , 2013 Moved by Councillor Pirri Seconded by Councillor Thompson THAT the Special Council meeting minutes of May 27, 2013 and the Council meeting minutes of May 28, 2013 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Mayor Dawe Postponed to June 25. V PUBLIC SERVICE ANNOUNCEMENTS Councillor Buck noted that Aurora’s festival was incorporated in the seat advertising on a recent airline flight. Councillor Thompson reminded everyone that the Sesquicentennial Ad Hoc Committee has been working hard on Canada Day events and noted that Lighthouse will be performing. Councillor Gaertner noted that she recently attended a Queen’s York Ranger event and praised the Rangers for their accomplishments and dedication to learning. Councillor Gaertner advised that she attend the Accessibility Maze along with Mayor Dawe and Councillor Abel, and reminded everyone to assist in all ways possible to ensure that as many people as possible have access to public transportation. Councillor Gaertner, on behalf of the Parks and Recreation Advisory Committee, congratulated Helen Clarke and the Canine Commons Committee for their leadership and commitment to the Leash Free Dog Park. Councillor Humfryes thanked all those who participated in the Relay for Life event particularly the Council Critters for their outstanding performance. Mayor Dawe noted that voting is open until June 14 for Art in the Park and votes can be emailed to ncampsall@aurora.ca Mayor Dawe indicated that the deadline for Aurora’s Teen Idol is Tuesday, June 18. Mayor Dawe advised that residents can email building@aurora.ca for appointments to take advantage of the extended hours in the building department. Mayor Dawe noted that the Canada Day celebrations kick-off on June 29 and added that there will be 150 guitars in the park on June 30 to celebrate 150 years. Mayor Dawe advised that entries must be received by July 31 for anyone wishing to participate in the Magna Hoedown Showdown. Mayor Dawe noted that Councillor Abel was unable to attend this evening as his son is performing in the Cats production. Council Meeting Minutes Tuesday, June 11, 2013 Page 3 of 13 Mayor Dawe advised that tickets are available and invited everyone to attend the Maunders Heart and Stroke event being held this Thursday, June 13 from 6:30 to 10 p.m. on Wellington Street West. Mayor Dawe advised that the Aurora Cultural Centre is holding its first public meeting on Wednesday, June 12 at 7 p.m. Mayor Dawe noted that The Optimist Club is holding their Bike Rodeo in the GO Station parking lot on June 22. Mayor Dawe congratulated Jan Freedman for winning Overall Champion Cook at a recent event. Councillor Buck commented on the wonderful works of art being displaying in front of Town Hall in the form of painted picnic tables and trash cans. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (subsections 2, 3, 10, 11, 12, and 13), 4, 5, 8, and 11 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 2, 3, 10, 11, 12, and 13), 2, 3, 6, 7, 9, 10, and 12 were identified as items not requiring separate discussion. Moved by Councillor Ballard 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 June 4, 2013 THAT the General Committee meeting report of June 4, 2013 be received and the recommendations carried by the Committee be approved, with the exception of subsections 2, 3, 10, 11, 12, and 13. 2. CLS13-018 – General Committee Closed Session Report dated May 21, 27 and June 4, 2013 THAT report CLS13-018 be received; and THAT Council adopt the following recommendations of the General Committee Closed Session meeting of May 21, 2013, Re: Item 1 - Labour relations or employee negotiations; Re: CAO13-013 – Job Evaluation Process and Compensation Review: THAT report CA013-013 be received; and THAT Staff be directed to finalize the new salary structure for non-union permanent full-time staff as recommended in this report in Attachment #1 for consideration by Council in open session; and THAT Staff be authorized to implement a 1% cost of living increase for all permanent full-time non-union staff effective April 1, 2013, following the implementation of the revised salary structure; and Council Meeting Minutes Tuesday, June 11, 2013 Page 4 of 13 THAT Council adopt the confidential recommendations of the General Committee Closed Session meeting of May 27, 2013, Re: Item 1 - Personal Matters about an Identifiable Individual, Including a Town or Local Board Employee; Re: Annual Senior Staff Performance Discussion; and THAT Council adopt the confidential recommendations of the General Committee Closed Session meeting of June 4, 2013, Re: Item 1- The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Re: LGL13-007 - Sheppard’s Bush Parking Lot. 3. Joint Council Committee Meeting Minutes of April 2, 2013 THAT the Joint Council Committee meeting minutes of April 2, 2013 be received for information. 6. Memorandum from the Director of Infrastructure and Environmental Services Re: Enactment of By-law Number 5515-13 to Establish Lands as Highways (Goulding Avenue) THAT the memorandum regarding Enactment of By-law Number 5515-13 to Establish Lands as Highways (Goulding Avenue) be received for information. 7. Memorandum from the Director of Infrastructure and Environmental Services, and the Director of Building and By-law Services Re: Special Council Meeting, June 18, 2013 – Award of Tender #BBS 2013-62 – Town Hall Renovations THAT this memorandum be received; and THAT Council approve a Special Council Meeting for the Award of Tender #BBS 2013-62 – Town Hall renovations to be held June 18, 2013. 9. Memorandum from the Director of Customer and Legislative Services/ Town Clerk Re: Acting Deputy Clerks THAT this memorandum be received; and THAT By-law 5166-09 being a by-law to appoint Acting Deputy Clerks be repealed. 10. Memorandum from the Director of Planning and Development Services Re: Additional Information Zoning By-law Amendment, By-law Number 5522-13 Mattamy (Aurora) Limited 2C (West) Community THAT the memorandum regarding Additional Information, Zoning By-law Amendment, By-law Number 5522-13, Mattamy (Aurora) Limited, 2C (West) Community be received for information. 12. Memorandum from the Director of Corporate and Financial Services Re: Special General Committee Meeting: Audit Committee, June 25, 2013 THAT this memorandum be received; and Council Meeting Minutes Tuesday, June 11, 2013 Page 5 of 13 THAT Council approve a Special General Committee meeting – Audit Committee for the purposes of receiving the Audited Financial Statements and the Auditors Report thereon, to be held June 25, 2013, commencing at 6:30 pm. CARRIED VIII DELEGATIONS None IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Gallo Seconded by Councillor Ballard THAT Item 1(11) be moved forward for consideration. CARRIED 1. General Committee Meeting Report of June 4, 2013 (11) PR13-028 – Expression of Interest for an Indoor Tennis Facility Main Motion Moved by Councillor Gallo Seconded by Councillor Ballard THAT report PR13-028 be received; and THAT Council endorse the design, build, operation and finance of an all- season, multi-purpose tennis facility at Stewart Burnett Park; and THAT staff be directed to issue an Expression of Interest and report back to Council. Amendment Moved by Councillor Gallo Seconded by Councillor Buck THAT Council endorse a third party design, build, operation and finance of an all- season, multi-purpose tennis facility at Stewart Burnett Park. CARRIED Main Motion as Amended Moved by Councillor Gallo Seconded by Councillor Ballard THAT report PR13-028 be received; and THAT Council endorse a third party design, build, operation and finance of an all- season, multi-purpose tennis facility at Stewart Burnett Park; and THAT staff be directed to issue an Expression of Interest and report back to Council. CARRIED Council Meeting Minutes Tuesday, June 11, 2013 Page 6 of 13 1. General Committee Meeting Report of June 4, 2013 (2) CAO13-012 – Economic Value of Natural Capital Assets Moved by Councillor Humfryes Seconded by Councillor Pirri THAT report CAO13-012 be received; and THAT Council endorse the attached report “Town of Aurora – The Economic Value of Natural Capital Assets (Associated with ecosystem protection)”. CARRIED 1. General Committee Meeting Report of June 4, 2013 (3) IES13-033 – Authorization to Proceed with Tendering of Cousins Drive Pedestrian Crossing Moved by Councillor Thompson Seconded by Councillor Humfryes THAT report IES13-033 be received; and THAT Council not approve the construction of the Cousins Drive pedestrian crossing (Alternative to recommendation in report IES13-033). On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo 1. General Committee Meeting Report of June 4, 2013 (10) PR13-027 – Culture and Recreation Grant Bi-Annual Allocation for March 2013 Moved by Councillor Buck Seconded by Councillor Pirri THAT report PR13-027 be received for information. CARRIED 1. General Committee Meeting Report of June 4, 2013 (12) PR13-029 – Sports Hall of Fame Main Motion Moved by Councillor Pirri Seconded by Councillor Buck THAT report PR13-029 be received; and THAT Council approve the use of the Skylight Gallery for the month of November 2013 to display the plaques and memorabilia of this year’s recipients. Council Meeting Minutes Tuesday, June 11, 2013 Page 7 of 13 Amendment Moved by Councillor Gaertner Seconded by Councillor Ballard THAT Council approve the use of the Skylight Gallery for only the month of November 2013 to display the plaques and memorabilia of this year’s recipients. DEFEATED Main Motion Moved by Councillor Pirri Seconded by Councillor Buck THAT report PR13-029 be received; and THAT Council approve the use of the Skylight Gallery for the month of November 2013 to display the plaques and memorabilia of this year’s recipients. CARRIED Moved by Councillor Thompson Seconded by Councillor Buck THAT By-law 5522-13 be moved forward for consideration. CARRIED Moved by Councillor Buck Seconded by Councillor Thompson THAT the following by-law be given first, second, and third readings and enacted: 5522-13 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Mattamy Aurora Limited, File D14-08-11) CARRIED 1. General Committee Meeting Report of June 4, 2013 (13) CLS13-016 – Council Code of Ethics Main Motion Moved by Councillor Pirri Seconded by Councillor Thompson THAT report CLS13-016 be received; and THAT staff provide track changes; and THAT staff be directed to bring forward a by-law to adopt a revised Code of Ethics; and THAT Council repeal the current Code of Ethics By-law. Council Meeting Minutes Tuesday, June 11, 2013 Page 8 of 13 Amendment Moved by Councillor Pirri Seconded by Councillor Gallo THAT the first clause of Section 3 of the Council Code of Ethics be amended as follows: Members of Council will accurately and adequately communicate the attitudes and decisions of Aurora's Council, even if they disagree with a majority decision of Council so that: Members of Council will to the best of their ability ensure that: DEFEATED 4. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Code of Ethics By-law Moved by Councillor Gallo Seconded by Councillor Pirri THAT the memorandum regarding the Code of Ethics By-law be received for information. CARRIED 1. General Committee Meeting Report of June 4, 2013 (13) CLS13-016 – Council Code of Ethics Moved by Councillor Pirri Seconded by Councillor Thompson THAT report CLS13-016 be received; and THAT staff provide track changes; and THAT staff be directed to bring forward a by-law to adopt a revised Code of Ethics; and THAT Council repeal the current Code of Ethics By-law. On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo 5. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Correspondence received Regarding The City of Markham To Support Bill 41 – Preserving Existing Communities Act (13.0) Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the memorandum regarding Correspondence regarding The City of Markham to Support Bill 41 – Preserving Existing Communities Act (13.0) be received; and THAT Council endorse the resolution of the City of Markham. Council Meeting Minutes Tuesday, June 11, 2013 Page 9 of 13 On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Gaertner, Gallo, Humfryes, Pirri, and Mayor Dawe VOTING NAYS: Councillors Ballard, Buck, and Thompson 8. Memorandum from the Director of Corporate and Financial Services/Treasurer Re: By-law 5519-13 – 2013 Property Tax Rates Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the memorandum regarding By-law 5519-13 – 2013 Property Tax Rates be received for information. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Buck 11. Memorandum from Mayor Dawe Re: SLAPP – Correspondence to the Premier and Attorney General of Ontario Moved by Councillor Thompson Seconded by Councillor Pirri THAT the memorandum regarding SLAPP – Correspondence to the Premier and Attorney General of Ontario be received; and THAT all members of Council sign the correspondence to the Premier and Attorney General of Ontario to be forwarded to the addressee. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 0 VOTING YEAS: Councillors Ballard, Buck, Gaertner, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: None X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion None Mayor Dawe relinquished the Chair to Councillor Thompson at 9:16 p.m. Council Meeting Minutes Tuesday, June 11, 2013 Page 10 of 13 (ii) Motions for Which Notice Has Been Given (a) Mayor Dawe Re: Implementing a Bell Local Calling Area (LCA) for Aurora Moved by Mayor Dawe Seconded by Councillor Pirri WHEREAS Bell Canada is a major supplier of telephone services to Aurora; and WHEREAS residents may call the City of Toronto without incurring long distance charges, but will incur long distance charges when placing calls to communities, such as Maple and Markham which are physically closer; and WHEREAS Bell Canada has a process whereby Municipalities may request that the Local Calling Area may be increased. THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to investigate how to start this process and report back to Council. CARRIED (b) Mayor Dawe Re: Delegation Authority for Minor Development Agreements Moved by Mayor Dawe Seconded by Councillor Pirri WHEREAS minor development agreements are usually the result of circumstances where Committee of Adjustment approvals are granted conditionally upon matters being secured through agreements which can be easily monitored by staff; and WHEREAS as Aurora “builds out” we will be dealing with an increasing number of these types of agreements as we move towards more intensification; and WHEREAS Council has expressed concern at the magnitude of agendas. NOW THEREFORE BE IT HEREBY RESOLVED that the Director of Planning and Development Services bring back for discussion report PL12-001, “Delegation Authority for Minor Development Agreements”, which was debated August 12, 2012. CARRIED Mayor Dawe resumed the Chair at 9:21 p.m. XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION Councillor Buck requested follow-up information with respect to a parking lot off of Yonge Street and the ownership and responsibility as the parking lot is in very poor condition. The Director of Infrastructure and Environmental Services advised that his department has investigated the area and will bring forward a report with these results. Council Meeting Minutes Tuesday, June 11, 2013 Page 11 of 13 Councillor Thompson requested consideration for target marketing in specific areas to ensure that all residents are informed regarding Town events. Councillor Pirri inquired about a Notice of Motion or Bill 41 and requested follow-up with respect to the minutes and the recording of this item. Councillor Gallo requested clarification about how the Legal Services dealt with a recent email. XIII READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Buck THAT the following by-laws be given first, second, and third readings and enacted: 5515-13 BEING A BY-LAW to establish lands as highways (Goulding Avenue) 5518-13 BEING A BY-LAW to regulate the discharges and connections to the municipal sewage system 5519-13 BEING A BY-LAW to set and levy the rates of taxation for the taxation year 2013 5520-13 BEING A BY-LAW to repeal the appointments of Neil Garbe and Shannon Boychuk as Acting Deputy Clerks (By-law Number 5166-09),for the Corporation of the Town of Aurora CARRIED XIV CLOSED SESSION Moved by Councillor Thompson Seconded by Councillor Buck THAT Council, following adjournment, resolve into a General Committee Closed Session to consider:  Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board; Re: LGL13-008 – Morris v. Town of Aurora CARRIED Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Council recess. CARRIED Council resolved into a General Committee Closed Session at 9:40 p.m. Council reconvened in Open Session at 10:08 p.m. Moved by Councillor Thompson Seconded by Councillor Humfryes Council Meeting Minutes Tuesday, June 11, 2013 Page 12 of 13 THAT Council reconvene. CARRIED Moved by Councillor Thompson Seconded by Councillor Pirri THAT the Closed Session report LGL13-008 be added to the public agenda. CARRIED Moved by Councillor Thompson Seconded by Councillor Pirri THAT the Procedural By-law be waived to allowed Councillor Buck to vote from the ramp.* CARRIED Moved by Councillor Thompson Seconded by Councillor Pirri THAT Council receive the Confidential Closed Session Report No. LGL13- 008; and THAT the Town Solicitor be authorized and directed to retain the services of external legal counsel to represent and defend the Town against the claim by Phyllis Morris. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 0 VOTING YEAS: Councillors Ballard, Buck, Gaertner, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: None Moved by Councillor Thompson Seconded by Councillor Pirri THAT the following confirming by-law be given first, second, and third readings and enacted: 5521-13 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on June 11, 2013 CARRIED * Councillor Buck returned to her seat for the vote. XV ADJOURNMENT Council Meeting Minutes Tuesday, June 11, 2013 Page 13 of 13 Moved by Councillor Pirri Seconded by Councillor Thompson 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 JUNE 11, 2013 RECEIVED FINAL APPROVAL AT COUNCIL ON JUNE 25, 2013.