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MINUTES - Council - 20130409 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, April 9, 2013 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck (arrived 7:02 p.m.), Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT None 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, 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 7:06 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 Thompson Seconded by Councillor Pirri THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additions, be approved:  Delegation (b) Kevin MacDonald, Team Wolfpack Re: Request for Noise By-law Exemption  New Item 10 – Memorandum from the Director of Planning and Development Services Re: Additional information to Planning Report PL13-019 Draft Plan of Condominium File No. D07-14-13 Ridgewood Developments II Inc. CARRIED Council Meeting Minutes Tuesday, April 9, 2013 Page 2 of 14 III ADOPTION OF THE MINUTES Council Minutes of March 26, 2013 Special Council – Public Planning Minutes of March 27, 2013 Moved by Councillor Pirri Seconded by Councillor Thompson THAT the Council minutes of March 26, 2013 and the Special Council – Public Planning minutes of March 27, 2013 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Tom Taylor, representative for Neighbourhood Network Re: National Volunteer Week Mr. Taylor updated Council on the progress of Neighbourhood Network has made over the past 4 ½ years, and that they create awareness of volunteering opportunities and connect volunteers with local charitable organizations. He advised that they have over 4,000 volunteers and 225 registered organizations that they connect with to provide services and programs for the benefit of the community. Mr. Taylor noted that they have planted over 9,000 trees as part of their annual tree planting program and he thanked Council and staff for their support and participation. Moved by Councillor Abel Seconded by Councillor Gallo THAT the presentation regarding Neighbourhood Network be received for information. CARRIED (b) Tim Newnham representing Habachat Re: Summer Music Festival (Town Park – July 26-28, 2013) Mr. Newnham advised Council of Habachat’s proposed summer musical festival in Town Park as a grass roots style event to include music, arts, crafts, and food. He noted that Habachat will partner with the community to provide a two-day event. Moved by Councillor Abel Seconded by Councillor Ballard THAT the presentation regarding Summer Music Festival (Town Park – July 26-28, 2013) be received for information. CARRIED (c) Farley Flex representing R.E.A.L. Celebration Group Re: Celebrate Aurora – A Summer Festival (Machell Park – July 27-28, 2013) Mr. Flex advised on the proposed Celebrate Aurora – A Summer Festival in Machell Park and noted that R.E.A.L. Celebration Group plans to provide nineteen hours of live stage entertainment. He indicated that there would be local vendors, displays, and food with inclusivity from the entire community. Mr. Flex requested Town support and approval of the proposed event. Council Meeting Minutes Tuesday, April 9, 2013 Page 3 of 14 Moved by Councillor Pirri Seconded by Councillor Gallo THAT the presentation and proposal regarding Celebrate Aurora – A Summer Festival (Machell Park – July 27-28, 2013) be received for information. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Abel congratulated Aurora resident Allison Barbalinardo for receiving the Rookie Athlete of the Year award from Trent University. Councillor Abel applauded the gold medal win of Sue Philips who participated in a Seniors’ Ontario woodcarving event. Councillor Abel noted that Taste of Aurora and Aurora’s Iron Chef will be held in the near future. Councillor Abel commended staff for the Easter event held at the Seniors’ Centre and noted that it was very well attended. Councillor Humfryes reminded residents that the Run or Walk for Southlake will be held on April 28, 2013, and that the Town team can still take on more members. Councillor Gaertner noted York Region is holding a fundraiser for homeless youth on April 12, 2013. Mayor Dawe invited residents to participate in the Anti-Litter Day to be held April 20, 2013. Mayor Dawe advised that nominations for Citizen of the Year will be accepted until April 30, 2013. Mayor Dawe invited students to participate in Art in the Park in May, and advised that there will be a juried art show at Town Hall on May 4-5, 2013. Mayor Dawe noted that the Aurora 150 Tattoo will be held on May 4-5, 2013 and that this event will include a Mudder and lunch. He indicated that more information can be found at www.aurora150.ca. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (subsections 4, 5, 9, 14, and 15), 2, 5, and 6 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 4, 5, 9, 14, and 15), 3, 4, 7, 8, 9, and 10 were identified as items not requiring separate discussion. Moved by Councillor Ballard Seconded by Councillor Pirri 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, April 9, 2013 Page 4 of 14 1. General Committee Meeting Report of April 2, 2013 THAT the General Committee meeting report of April 2, 2013 be received and the recommendations carried by the Committee be approved, with the exception of subsections 4, 5, 9, 14, and 15. 3. IES13-011 – Submission of Annual Drinking Water Quality Report THAT report IES13-011 be received for information. 4. IES13-012 – DWQMS Management Review THAT report IES13-012 be received for information. 7. Memorandum from Mayor Geoffrey Dawe Re: Lake Simcoe Region Conservation Authority Highlights March 22, 2013 – Meeting of the Board THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights – March 22, 2013 – Meeting of the Board be received for information. 8. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Special General Committee (Workshop) Public Procurement THAT the memorandum regarding Special General Committee (Workshop) Public Procurement be received; and THAT a Special General Committee (workshop) be scheduled for Tuesday, April 30, 2013 to discuss public procurement. 9. Memorandum from the Director of Infrastructure and Environmental Services Re: On Street Parking and Stopping Prohibitions on Mavrinac Boulevard THAT the memorandum regarding On Street Parking and Stopping Prohibitions on Mavrinac Boulevard be received; and THAT Council enact By-law 5502-13 to amend Parking by-law Number 4574-04.T, as amended, with respect to No Parking, No Parking Restricted Periods, and No Stopping on Mavrinac Boulevard. 10. Memorandum from the Director of Planning and Development Re: Additional information to Planning Report No. PL13-019 Draft Plan of Condominium File No. D07-14-13 Ridgewood Developments II Inc. THAT the memorandum regarding additional information, related to Report No. PL13-019 (Draft Plan of Condominium – Ridgewood II) be received; and THAT the Conditions of Approval (Appendix “A”) to report PL13-019 be amended to replace Condition No. 7 to read as follows: Council Meeting Minutes Tuesday, April 9, 2013 Page 5 of 14 “Purchasers are advised that the hydro corridor open space zone abutting their lots is intended to receive minimal level of maintenance. Ontario Hydro reserves the right to alter or utilize these lands as deemed appropriate. Ontario Hydro and/or the Town of Aurora will not be responsible for any inconvenience or nuisance which may present itself as a result of the current or any future use.” CARRIED VIII DELEGATIONS (a) Bill Albino, and David Amborski, Hillary-McIntyre Park Founding Committee Members Re: Motion for Which Notice Has Been Given (a) Councillor Abel Re: Hillary-McIntyre Park Mr. Albino updated Council and provided a conceptual drawing of the proposal that would include three heritage homes, the Aurora Collection, the Medical Collection (Hillary-Godfrey bequest) and 4.2 acres of land. He advised that the Hillary-McIntyre Park Founding Committee is comprised of people with considerable capabilities who would work with the Town to develop this Park. Mr. Amborski requested that Council consider the request that staff report back on the feasibility of this proposal. Mr. Albino noted that this would allow Council the opportunity to consider the complexity and scope of this project and how it would fit in with other Town plans. Moved by Councillor Buck Seconded by Councillor Pirri THAT the comments of the delegate be received for information. CARRIED (b) Jason Allingham, Team Wolfpack Re: Request for Noise By-law Exemption Mr. Allingham requested Council’s consideration of an exemption to the Noise By-law to accommodate a charitable event being held on May 23, 2013 from 6 p.m. to 11 p.m. He noted that this event raised over $130,000 last year and benefited local charities. Mr. Allingham invited Council and residents to attend this worthwhile event to be held at 14875 Yonge Street. Moved by Councillor Pirri Seconded by Councillor Thompson THAT the comments of the delegate be received for information. CARRIED Moved by Councillor Ballard Seconded by Councillor Pirri THAT Council approve an exemption to the Noise By-law on May 23, 2013 between the hours of 7 p.m. and 11 p.m. CARRIED Council Meeting Minutes Tuesday, April 9, 2013 Page 6 of 14 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Abel Seconded by Councillor Thompson THAT Item 1(9) be moved forward for consideration. CARRIED 1. General Committee Meeting Report of April 2, 2013 (9) IES13-014 – Additional Information on the Traffic Calming Measures in the Northeast Quadrant of Yonge Street and Wellington Street East Intersection Main Motion Moved by Councillor Abel Seconded by Councillor Pirri THAT report IES13-014 be received; and THAT this Item be referred back to staff for analysis on the current traffic calming measures and the impact of the new buildings under development within this area; and THAT the community have an opportunity to provide input with regards to the diversions. Council agreed to vote on each clause separately. Moved by Councillor Abel Seconded by Councillor Pirri THAT report IES13-014 be received. CARRIED Moved by Councillor Abel Seconded by Councillor Pirri THAT this Item be referred back to staff for analysis on the current traffic calming measures and the impact of the new buildings under development within this area. DEFEATED Moved by Councillor Abel Seconded by Councillor Pirri THAT the community have an opportunity to provide input with regards to the diversions. DEFEATED Moved by Councillor Abel Seconded by Councillor Pirri THAT Motion (a) be moved forward for consideration. CARRIED Council Meeting Minutes Tuesday, April 9, 2013 Page 7 of 14 (ii) Motions for Which Notice Has Been Given (a) Councillor Abel Re: Proposed Hillary-McIntyre Park Moved by Councillor Abel Seconded by Councillor Humfryes WHEREAS a community group known as the Hillary-McIntyre Park Founding Committee has presented to Council an idea to create a Heritage Park consisting of the Hillary House, Horton Place (McIntyre) and Readman House (Spragg) buildings and properties; and WHEREAS the overall proposed Park site consists of approximately 4.2 acres and over 500 feet of frontage on Yonge Street and contains the Hillary House, being only one of two National Historic Sites in York Region, along with other significant heritage resources; and WHEREAS the Heritage Advisory Committee has supported the overall Park concept in principle and preparation of a feasibility study as a key element in the decision-making process. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to provide a report summarizing the key elements of a feasibility study, and budget and timing for such a study for Council’s consideration. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Abel, Ballard, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Buck and Gaertner 1. General Committee Meeting Report of April 2, 2013 (4) CAO13-008 – Results of Live Streaming Media via Internet Pilot Moved by Councillor Abel Seconded by Councillor Humfryes THAT report CAO13-008 be received; and THAT Council authorize the continued live-streaming via Internet of all public Council and General Committee meetings held in the Council Chambers that are not broadcasted by Rogers. CARRIED 1. General Committee Meeting Report of April 2, 2013 (5) CFS13-006 – Budgets and Reporting of Expenses of Members of Council Main Motion Moved by Councillor Pirri Seconded by Councillor Gaertner THAT report CFS13-006 be received; and THAT future reporting of expenses of members of Council be reported twice yearly on the Town website under Council Expenses in the same format as the 2012 report; and Council Meeting Minutes Tuesday, April 9, 2013 Page 8 of 14 THAT these reports be retained on the Town’s website for the duration of the Council term; and THAT staff provide Council with the previous terms of Council expense reports; and THAT following such direction, the Treasurer be directed to develop a revised accounting and budget structure for such expenses and provide recommendations for change to Council, with no net impact on the 2013 Operating Budget; and THAT staff be directed to bring forward necessary amendments to Policy #57 “Compensation & Support for Members of Council” to incorporate updates on the public reporting of members’ expenses arising from this report. Amendment Moved by Councillor Ballard Seconded by Councillor Gaertner THAT these reports be retained on the Town’s website for the duration of the Council term plus two years; and DEFEATED Amendment Moved by Councillor Gallo Seconded by Councillor Buck THAT staff provide a report to Council on the expenses of the Directors and Managers twice yearly. On a recorded vote the amendment was DEFEATED. YEAS: 4 NAYS: 5 VOTING YEAS: Councillors Ballard, Buck, Gallo, and Gaertner VOTING NAYS: Councillors Abel, Humfryes, Pirri, Thompson, and Mayor Dawe Amendment Moved by Councillor Ballard Seconded by Councillor Gaertner THAT alcohol not be permitted as an allowable Council expense. Moved by Councillor Ballard Seconded by Councillor Gaertner THAT the Procedural By-law be waived to reconsider the issue of alcohol expenses. On a recorded vote the motion was DEFEATED. YEAS: 3 NAYS: 6 VOTING YEAS: Councillors Ballard, Gaertner, and Gallo VOTING NAYS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe Main Motion Moved by Councillor Pirri Seconded by Councillor Gaertner THAT report CFS13-006 be received; and Council Meeting Minutes Tuesday, April 9, 2013 Page 9 of 14 THAT future reporting of expenses of members of Council be reported twice yearly on the Town website under Council Expenses in the same format as the 2012 report; and THAT these reports be retained on the Town’s website for the duration of the Council term; and THAT staff provide Council with the previous terms of Council expense reports; and THAT following such direction, the Treasurer be directed to develop a revised accounting and budget structure for such expenses and provide recommendations for change to Council, with no net impact on the 2013 Operating Budget; and THAT staff be directed to bring forward necessary amendments to Policy #57 “Compensation & Support for Members of Council” to incorporate updates on the public reporting of members’ expenses arising from this report. CARRIED Moved by Councillor Abel Seconded by Councillor Pirri THAT Item 2 be moved forward for consideration. CARRIED 2. CFS13-011 – Statement of Remuneration and Expenses for Members of Council, Committees and Local Boards Moved by Councillor Abel Seconded by Councillor Pirri THAT report CFS13-011 be received for information. CARRIED Moved by Councillor Pirri Seconded by Councillor Thompson THAT the Procedural By-law be waived to extend the hour. CARRIED (two-thirds majority) 1. General Committee Meeting Report of April 2, 2013 (14) PL13-025 – Site Plan Approval, File D11-13-12 The Regional Municipality of York (York Regional Police) 47 Don Hillock Drive Moved by Councillor Gaertner Seconded by Councillor Pirri THAT report PL13-025 be received; and THAT subject to any issues or comments raised by Council, that Site Plan Application D11-13-12 be approved to permit the construction of a 124 space parking lot ancillary to the existing four (4) storey office building and three (3) storey parking structure; and Council Meeting Minutes Tuesday, April 9, 2013 Page 10 of 14 THAT the Mayor and Town Clerk be authorized to execute the Site Plan Agreement, including any and all documents and ancillary agreements required to give effect to same. CARRIED 1. General Committee Meeting Report of April 2, 2013 (15) PR13-011 – Emerald Ash Borer (EAB) Recovery Update Report Moved by Councillor Abel Seconded by Councillor Thompson THAT report PR13-011 be received; and THAT Council authorize staff to issue a tender for the Preventative Treatment of Ash trees; and THAT staff report back to Council with the Tender results, cost implications and recommendations on the treatment of Ash Trees. CARRIED 5. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Presentations by the Advisory Committee Chair/Council Representative Main Motion Moved by Councillor Pirri Seconded by Councillor Thompson THAT the memorandum regarding Presentations by the Advisory Committee Chair/Council Representative be received for information. Amendment Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the memorandum regarding Presentations by the Advisory Committee Chair/Council Representative be approved by Council. CARRIED Main Motion as amended Moved by Councillor Pirri Seconded by Councillor Thompson THAT the memorandum regarding Presentations by the Advisory Committee Chair/Council Representative be approved by Council. CARRIED 6. EAC13-05 – Environmental Advisory Committee Report, March 7, 2013 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Council adopt the following Environmental Advisory Committee recommendations from the March 7, 2013 meeting: Council Meeting Minutes Tuesday, April 9, 2013 Page 11 of 14 (1) Memorandum from the Manager of Environmental Initiatives Re: Smart Commute Program THAT Council consider the reinstatement of $10,000 support to Smart Commute Central York in recognition of the benefit to all citizens via reduction of carbon dioxide emissions by participating Aurora businesses, employees and citizens. (2) Memorandum from the Manager of Environmental Initiatives Re: Corporate Environmental Action Plan (CEAP) Progress Report 2012 THAT this memorandum and the attached CEAP Progress Report 2012 be forwarded to Council. NEW BUSINESS THAT a plan of action be requested from the Parks and Recreation Services department to control/eliminate Phragmites and Dog Strangling Vine. CARRIED X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion None (ii) Motions for Which Notice Has Been Given (b) Councillor Abel Re: Summer Music Festival WITHDRAWN XI REGIONAL REPORT York Regional Council Highlights – March 28, 2013 Moved by Councillor Buck Seconded by Councillor Pirri THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION Councillor Thompson inquired when Council would receive a report with respect to an item on the Pending List regarding audio recording Closed Session. The Director of Customer and Legislative Services indicated that this would be coming forward to the first General Committee meeting in May. Councillor Humfryes requested an update on the Heritage Property Standards By- law and the Director of Building and By-law Services noted that this By-law was adopted in February. Councillor Humfryes noted that she would be bringing forward a Notice of Motion with respect to the Heritage Museum as she was not able to attend the meeting where it was discussed. Council Meeting Minutes Tuesday, April 9, 2013 Page 12 of 14 Councillor Buck discussed the response times with respect to emergency services at the recent fire tragedy in East Gwillimbury, and inquired who would be responsible in calling for an inquest. Councillor Gallo noted that he had received information and would forward it to other Council members, and the Director of Legal Services/Town Solicitor advised that the Ontario Fire Marshall is responsible for the calling of an inquest. Moved by Councillor Pirri Seconded by Councillor Abel THAT the Procedural By-law be waived to extend the hour by 15 minutes. CARRIED (two-thirds majority) Councillor Abel noted that Council had presentations this evening regarding summer music festivals. Council discussed the issue of music festivals, permits, and the permit process and Mr. Downey provided information and advised with respect to these inquiries. Moved by Councillor Pirri Seconded by Councillor Abel THAT the Procedural By-law be waived to extend the hour to 11:30 p.m. CARRIED (two-thirds majority) Moved by Councillor Buck Seconded by Councillor Abel THAT Council give staff the authority to discuss the proposals received for music festivals tonight with the applicants. 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, Gallo, and Gaertner Moved by Councillor Ballard Seconded by Councillor Gaertner THAT staff be requested to provide a feasibility report on live-streaming all Council Advisory Committee meetings that occur in Town Hall. CARRIED Moved by Councillor Ballard Seconded by Councillor Gaertner WHEREAS defending municipally-owned Ash Trees against the Emerald Ash Borer would be more effective if a comprehensive, region-wide strategy is employed. THEREFORE BE IT RESOLVED THAT York Regional Council be petitioned to provide a comprehensive, region-wide treatment program of municipally-owned Ash Trees in order to combat the spread of the Emerald Ash Borer; and Council Meeting Minutes Tuesday, April 9, 2013 Page 13 of 14 FURTHER THAT a copy of this resolution be circulated to all York Region municipalities to seek their support for a region-wide common approach to fighting the Emerald Ash Borer. Moved by Councillor Pirri Seconded by Councillor Thompson THAT this Item be referred to the next General Committee meeting. CARRIED XIII READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Abel THAT the following by-laws be given first, second, and third readings and enacted: 5491-13 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended, to remove a Holding “(H)” Symbol (Daniels LR Corporation) 5496-13 BEING A BY-LAW to assume highways for public use and to establish lands as highways (Ballymore Building Bathurst Corp. and Ballymore Development Bathurst Corp. – Phase 2) 5502-13 BEING A BY-LAW to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, with respect to No Parking, No Parking Restricted Periods, and no Stopping on Mavrinac Boulevard CARRIED Moved by Councillor Pirri Seconded by Councillor Abel THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5501-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on April 9, 2013 CARRIED XIV CLOSED SESSION None XV ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Buck THAT the meeting be adjourned at 11:30 p.m. CARRIED Council Meeting Minutes Tuesday, April 9, 2013 Page 14 of 14 ________________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF APRIL 9, 2013 RECEIVED FINAL APPROVAL AT COUNCIL ON APRIL 23, 2013.