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MINUTES - Council - 20131112 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, November 12, 2013 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes (arrived 7:14 p.m.), 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 Mayor Dawe called the meeting to order at 7:08 p.m. following Open Forum. 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF Councillor Pirri declared a pecuniary interest respecting Motion for Which Notice Has Been Given (a) Councillor Buck; Re: 2014 Premier’s Awards for Excellence in the Arts, as he or a member of his family, on occasion, receives payment for services rendered. 2. APPROVAL OF THE AGENDA Moved by Councillor Thompson Seconded by Councillor Abel THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additions, be approved:  Delegation (b) John Mascarin, Partner, Aird & Berlis LLP, representing Minto Communities Re: Item 3 – CLS13-032 – General Committee Closed Session Report Dated November 5, 2013  Delegation (c) Chris Kotsopoulos, Resident Re: Item 15 – PL13-060 – Amending Agreement to the Existing Subdivision Agreement, 33 Longthorpe Court (Lot 71, Registered Plan 65M-4084) Council Meeting Minutes Tuesday, November 12, 2013 Page 2 of 12  New Item 21 – Memorandum from the Director of Corporate and Financial Services/Treasurer Re: Correction of Capital Close Report Attachment #2 Re: Item 2 – Special General Committee – 2014 Budget Review Meeting Report – Sub-Item 1 – CFS13-040 – Capital Projects Status and Closures Report as of August 31, 2013 CARRIED 4. PRESENTATIONS (a) Daniele Zanotti, CEO, United Way York Region Re: United Way Campaign 2013 Mr. Zanotti thanked the Town of Aurora for its annual employee campaign and continued success in giving back to the communities where we live and work. He introduced “In Every Neighbourhood”, a three-year campaign to raise $30 million across the region so that the families of every municipality may access the support they need and not have to travel outside of York Region. Mr. Zanotti reviewed the three strategies on which United Way will focus over the next three years including: improving access to local supports; focusing efforts where help is needed to ensure access to jobs and affordable housing, youth staying in school, and needed support close to home; and supporting neighbourhood change from within through projects like Strength Investments. He discussed recent funding and program successes and added that communities with formal and informal supports, front-line programs and volunteer associations, help to lower crime rates, improve health, and drive economic growth. Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the presentation be received for information. CARRIED 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Pirri extended a reminder that this is the month of “Movember”. Councillor Humfryes extended a reminder about the Queen’s York Rangers Appreciation Fundraiser event, including dinner and silent auction, on Thursday, November 21 at the Aurora Legion, noting that the funds raised will help to support soldiers integrating back into the community. She advised that information and tickets are available through their website, qyrappreciation.ca. Councillor Humfryes extended a reminder that the 2013-14 indoor season of the Aurora Farmers’ Market and Artisan Fair will commence on November 23, from 10 a.m. to 2 p.m. at the Aurora Cultural Centre, and continue on January 18, February 22, and March 29. Councillor Thompson said he was honoured to attend the inaugural Aurora Sports Hall of Fame induction ceremony and dinner last week. He encouraged everyone to view the display at Town Hall in the Skylight Gallery on the third floor, which identifies those individuals who were inducted at the inaugural ceremony. Councillor Abel expressed his appreciation to the Aurora Legion for their hard work on the Remembrance Day celebrations including a great parade, luncheon, and dinner on Saturday, and Monday’s ceremony at the cenotaph. He also expressed thanks to the Armed Forces for their participation and to the dignitaries that attended. Council Meeting Minutes Tuesday, November 12, 2013 Page 3 of 12 Councillor Abel said that he also attended the Aurora Sports Hall of Fame inaugural event and congratulated the inductees. He expressed thanks to the Aurora Historical Society for putting together the fabulous display at Town Hall. Councillor Abel announced that the Salvation Army Christmas Kettle Drive will begin on Saturday, November 23 and he invited residents and Councillors to oversee a Kettle for two hours for a great cause. Councillor Abel extended a reminder that the official launch of Operation Red Nose is coming soon. Councillor Ballard said he echoed the previous comments regarding the Remembrance Day ceremonies and that he was particularly pleased to see so many young people from the schools in attendance on November 11. Councillor Ballard encouraged everyone to visit the exhibition and sale of works by renowned and local artist Dorothy Clark McClure at the Aurora Cultural Centre on Thursday, November 21. Mayor Dawe advised that the Parks and Recreation Winter 2014 Program Guide was delivered to Aurora homes in The Banner on Sunday and anyone who did not receive the Guide is welcome to contact the Town or pick up a copy at Town Hall. Mayor Dawe noted that he and Councillor Abel attended the opening of the temporary Sports Hall of Fame on the third floor of Town Hall and he encouraged everyone to visit the display. Mayor Dawe announced that nominations are being accepted for the 2014 Aurora Heritage Advisory Committee Awards of Excellence until November 29 and details may be found at www.aurora.ca/aurora/hacawards. Mayor Dawe announced that winter parking restrictions will be in effect as of Friday, November 15 and asked residents to ensure their vehicles are off the street between 2 a.m. and 6 a.m. to help the snow plows in keeping the roads clear. Mayor Dawe advised that tickets are still available through yrbizseries.ca for the Leadership Through Innovation conference, part of the Business Innovation in Changing Times conference series, featuring keynote speaker Frank Stronach, on Friday, November 15 at The Mansion in Aurora. Mayor Dawe advised that Friday, November 15 is the deadline for any items to be considered for the Aurora 150 Time Capsule and items may be submitted at Town Hall to the attention of Shelley Ware. Mayor Dawe announced that the Santa Under the Stars Parade will be held on Saturday, November 23 at 6 p.m. to 8 p.m. 3. ADOPTION OF THE MINUTES Council Minutes of October 22, 2013 Moved by Councillor Ballard Seconded by Councillor Pirri THAT the Council minutes of October 22, 2013 be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, November 12, 2013 Page 4 of 12 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(6), 1(13), 1(14), 2(1), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13(2), 14, 15, 16, 18, 19, 20(2), and 21 were identified for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-items 6, 13, and 14), 2 (with the exception of sub- item 1), 17, and 20 (with the exception of sub-item 2) were identified as items not requiring separate discussion. Moved by Councillor Abel 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: 1. General Committee Meeting Report of November 5, 2013 THAT the General Committee meeting report of November 5, 2013 be received and the recommendations carried by the Committee, with the exception of sub-items 6, 13, and 14, be approved. 2. Special General Committee – 2014 Budget Review Meeting Report of November 4, 2013 THAT the Special General Committee – 2014 Budget Review meeting report of November 4, 2013 be received and the recommendations carried by the Committee, with the exception of sub-item 1, be approved. 17. Memorandum from the Director of Customer and Legislative Services/ Town Clerk Re: Councillor Evelyn Buck – Long-standing Service Award THAT the memorandum regarding Councillor Evelyn Buck – Long-standing Service Award be received for information. 20. EAC13 -10 – Environmental Advisory Committee Report November 7, 2013 THAT report EAC13-10 be received; and THAT Council adopt the following recommendations from the Environmental Advisory Committee meeting of November 7, 2013: Delegation (a) Chris Denich, Water Resources/Environmental Engineering, Aquafor Beech Limited Re: Town of Aurora Comprehensive Stormwater Management Master Plan THAT the comments of the Environmental Advisory Committee be considered toward the final document. CARRIED 8. DELEGATIONS (a) Klaus Wehrenberg, Resident Re: Item 13 – TATC13 -08 – Trails and Active Transportation Committee Report, October 18, 2013 Council Meeting Minutes Tuesday, November 12, 2013 Page 5 of 12 Mr. Wehrenberg addressed Council in support of a recommendation by the Trails and Active Transportation Committee that Council reconsider its decision of August 2013 regarding Leslie Street Underpass “A” as significant information was not available to Council at that time. He presented the relevant information including the context of Underpass “A” as a companion to Underpass “B” in the Aurora Trails Master Plan and that grade-separated trail crossings are the most suitable and preferred solution of both the Town and the Region. Mr. Wehrenberg noted that in November 2011 Council approved the principle of a 50/50 funding arrangement with York Region and he presented a cost scenario based on reduced estimates from the Region which would result in a reduction to 70% of the expected cost to Aurora. Moved by Councillor Ballard Seconded by Councillor Buck THAT the comments of the delegate be received and referred to Item 13. CARRIED (b) John Mascarin, Partner, Aird & Berlis LLP, representing Minto Communities Re: Item 3 – CLS13-032 – General Committee Closed Session Report Dated November 5, 2013 Mr. Mascarin, on behalf of his client, Minto Communities Toronto Inc., the owner and developer of subdivision 65M-3979, a parcel of land located in the Bayview Northeast Secondary Plan, noted that the plan of subdivision was registered in 2007 and Block 208 was reserved for a school site. He stated that the York Catholic District School Board had a right to purchase the lands and had released its right to purchase Block 208 as of April 2013. Mr. Mascarin advised that his firm was asked to review the contractual documents and subdivision agreement and he noted that there are a number of complicated contractual factors. He stated that it is their legal opinion that the Town of Aurora is not entitled to exercise the right of first refusal and that there is no right of first refusal in any of the documents. Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to Item 3. CARRIED (c) Chris Kotsopoulos, Resident Re: Item 15 – PL13-060 – Amending Agreement to the Existing Subdivision Agreement, 33 Longthorpe Court (Lot 71, Registered Plan 65M-4084) Mr. Kotsopoulos requested that Council approve the recommendation by staff with respect to the trees in order to allow Fernbrook Homes to move forward. Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to Item 15. CARRIED 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Abel Seconded by Councillor Pirri THAT Items 14 and 15 be moved forward for consideration. CARRIED Council Meeting Minutes Tuesday, November 12, 2013 Page 6 of 12 14. Memorandum from the Director of Infrastructure and Environmental Services Re: Grading, 33 Longthorpe Court Moved by Councillor Buck Seconded by Councillor Abel THAT the memorandum regarding Grading, 33 Longthorpe Court be received for information. CARRIED 15. PL13-060 – Amending Agreement to the Existing Subdivision Agreement, 33 Longthorpe Court (Lot 71, Registered Plan 65M-4084) Moved by Councillor Buck Seconded by Councillor Abel THAT report PL13-060 be received; and THAT Council approve the creation and execution of a written agreement regarding a tree replacement plan for 33 Longthorpe Court prior to the removal of three (3) trees on the property; and THAT Council authorize the Mayor and Town Clerk to execute such tree replacement plan agreement, including any other ancillary documents or agreements required to give effect to same. CARRIED Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following motion of October 8, 2013 be reconsidered. CARRIED (two-thirds vote) Moved by Councillor Abel Seconded by Councillor Thompson THAT the three (3) trees be preserved; and THAT Council direct staff to work with the builder to create an alternative grading plan that could save the three (3) trees. On a recorded vote the motion was DEFEATED. YEAS: 2 NAYS: 7 VOTING YEAS: Councillors Gaertner and Humfryes VOTING NAYS: Councillors Abel, Ballard, Buck, Gallo, Pirri, Thompson, and Mayor Dawe Moved by Councillor Thompson Seconded by Councillor Abel THAT Items 3, 1(13) and 1(14) be moved forward for consideration. CARRIED Council Meeting Minutes Tuesday, November 12, 2013 Page 7 of 12 3. CLS13-032 – General Committee Closed Session Report Dated November 5, 2013 Moved by Councillor Gallo Seconded by Councillor Buck THAT report CLS13-032 be received; and THAT Council adopt the confidential recommendation of the General Committee Closed Session meeting of November 5, 2013, Re: 1. A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: PR13-050 – Acquisition of Land in 2B – Block 208, 65M-3979. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Ballard, Gaertner, Gallo, Humfryes, and Mayor Dawe VOTING NAYS: Councillors Buck, Pirri, and Thompson 1. General Committee Meeting Report of November 5, 2013 (13) PR13-048 – Award of Tender PRS2013-91 for the Addition to and the Renovation of the Existing Aurora Family Leisure Complex (AFLC) Main Motion Moved by Councillor Abel Seconded by Councillor Pirri THAT report PR13-048 be received; and THAT Tender PRS2013-91 for the Addition to and the Renovation of the existing Aurora Family Leisure Complex (AFLC) be awarded to Jasper Construction Corp. in the amount of $5,994,000.00 excluding taxes; and THAT Council approve an increase to the Tender in the amount of $20,000.00 for LED Gym Lights; and THAT Council approve an increase to the Tender in the amount of $25,000.00 for the restoration of the asphalt driveway; and THAT Council approve an increase to the Tender in the amount of $100,000.00 for furniture, fixtures and equipment; and THAT the Mayor and Town Clerk be authorized to execute the necessary Agreement, including any and all documents and ancillary agreements required to give effect to same; and THAT Council increase the budget by 1% in the amount of $59,940.00, in principle, to support public art in accordance with Section 4.4 of the Official Plan and subject to that a staff report from the Treasurer be included on a future Council agenda with respect to funding sources. Amendment Moved by Councillor Buck Seconded by Councillor Thompson THAT the third clause regarding $20,000.00 for LED Gym Lights and the seventh clause regarding $59,940.00 to support public art be removed. DEFEATED Council Meeting Minutes Tuesday, November 12, 2013 Page 8 of 12 On a recorded vote the main motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Gallo Council recessed at 10:29 p.m. and reconvened at 10:36 p.m. Councillor Buck left the meeting at 10:29 p.m. Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the Procedural By-law be waived to extend the hour. CARRIED Moved by Councillor Ballard Seconded by Councillor Humfryes THAT Item 13(2) be moved forward for consideration. CARRIED 13. TATC13-08 – Trails and Active Transportation Committee Report October 18, 2013 Main Motion Moved by Councillor Ballard Seconded by Councillor Gaertner THAT Council adopt the following Trails and Active Transportation Committee recommendation from the meeting of October 18, 2013: 2. Memorandum from the Manager of Parks Re: Leslie Street Underpass “A” THAT staff be directed to develop a terms of reference and retain an engineering firm to conduct a preliminary design and cost analysis for the underpass in consultation with the Region of York staff provided that the cost of the design is to a maximum of $50,000.00. Amendment Moved by Councillor Abel Seconded by Councillor Gallo THAT $50,000.00 be added to design an underpass on Wellington Street East, just east of John West Way and Mary Street. Amendment Withdrawn On a recorded vote the main motion CARRIED. YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Ballard, Gaertner, Gallo, Humfryes, and Mayor Dawe VOTING NAYS: Councillors Pirri and Thompson Councillor Buck was not present and did not participate in the vote. Council Meeting Minutes Tuesday, November 12, 2013 Page 9 of 12 1. General Committee Meeting Report of November 5, 2013 (14) PR13-049 – Pre-Qualification of Museum Services Moved by Councillor Thompson Seconded by Councillor Gallo THAT report PR13-049 be received; and THAT Council direct staff to proceed to an RFP for the provision of Museum Services for the Aurora Collection, as set out in report PR13-049 with the following amendments:  THAT the bullet point on page two of the report referring to “Minimum of three unique displays in the Aurora Room/per year” be removed; and  THAT the portion of the paragraph on page three of the report (after the bullet points), “Any submission that fails to provide a qualified curator as part of the submission will be disqualified from the process.” be replaced with the following wording: "If the proponent does not have a curator at the time of submission, they must clearly demonstrate their plan to properly staff and care for the collection as well as the qualifications required for each position." CARRIED 4. PR13-034 – Future Uses of Library Square Moved by Councillor Abel Seconded by Councillor Humfryes THAT report PR13-034 be received; and THAT Council direct staff to prepare a report authorizing the capital and operating implication of the two options: 1) Demolition of 52 and 56 Victoria Street and construct a multi-use community facility; and 2) Demolition of 52 and 56 Victoria Street and construct a parking lot and urban square; and THAT this information be provided in time for consideration in the 2014 Budget. Moved by Councillor Pirri Seconded by Councillor Abel THAT this item be referred to the General Committee meeting of November 19, 2013. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Gaertner, Gallo, Humfryes, Pirri, and Mayor Dawe VOTING NAYS: Councillors Ballard and Thompson Councillor Buck was not present and did not participate in the vote. Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the following items be deferred to the Council meeting of November 26, 2013: Council Meeting Minutes Tuesday, November 12, 2013 Page 10 of 12 1(6) CLS13-029 – Local Calling Area 2(1) CFS13-040 – Capital Projects Status and Closures Report as of August 31, 2013 5. BBS13-012 – Proposed Changes to Building Permit Fees 6. BBS13-013 – Cost Estimate for Access Aurora Space Needs 7. CFS13-037 – 2014 Fees and Charges Update By-law No. 5557-13 8. CLS13-030 – Question on the Ballot 9. IES13-051 – Parking in Cul-de-Sacs 10. LGL13-013 – Council Representation on the Aurora Cultural Centre Board of Directors 11. EDAC13-09 – Economic Development Advisory Committee Report October 10, 2013 12. EDAC13-10 – Economic Development Advisory Committee Report October 29, 2013 16. Memorandum from the Director of Legal Services/Town Solicitor; Re: Legal Fees – Town Staff Member Indemnification for Independent Legal Advice – Hervey v. Morris (Report No. LGL11-003) 18. Memorandum from the Director of Customer and Legislative Services/ Town Clerk; Re: Council Resolution from the Town of Richmond Hill; Re: Federation of Canadian Municipalities (FCM) National Municipal Rail Safety “Working Group Communiqué” 19. Memorandum from the Director of Customer and Legislative Services/ Town Clerk; Re: Council Resolution from the Town of Richmond Hill; Re: Other Business Item by Councillor Perrelli regarding Freedom of Expression and Religion in Public Places in the Province of Ontario 20. EAC13-10 – Environmental Advisory Committee Report, Nov. 7, 2013 (2) Memorandum from the Director of Planning and Development Services; Re: Municipal Council Blanket Support Resolution – Rooftop Solar PV Projects 21. Memorandum from the Director of Corporate and Financial Services/Treasurer Re: Correction of Capital Close Report Attachment #2; Re: Item 2 – Special General Committee – 2014 Budget Review Meeting Report – Sub-Item 1 – CFS13-040 – Capital Projects Status and Closures Report as of August 31, 2013 Motion for Which Notice Has Been Given (a) Councillor Buck Re: 2014 Premier’s Awards for Excellence in the Arts Motion for Which Notice Has Been Given (b) Councillor Buck Re: Development of a New Long-Term Federal Plan to Fix Canada’s Housing Crunch Motion for Which Notice Has Been Given (c) Councillor Buck Re: Community Park Motion for Which Notice Has Been Given (d) Councillor Gallo Re: Mavrinac Park Council Meeting Minutes Tuesday, November 12, 2013 Page 11 of 12 Motion for Which Notice Has Been Given (e) Councillor Buck Re: Policies 28 and 57 Motion for Which Notice Has Been Given (f) Councillor Buck Re: Director Expenses CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion None (ii) Motions for Which Notice Has Been Given Deferred to the Council meeting of November 26, 2013 11. REGIONAL REPORT None 12. NEW BUSINESS/GENERAL INFORMATION Moved by Councillor Gallo Seconded by Councillor Pirri THAT Council direct the Town Clerk or the Town Solicitor to report back to Council whether any confidentiality of the Closed Session material has been breached at this meeting regarding Item 3 – CLS13-032 – General Committee Closed Session Report Dated November 5, 2013. CARRIED Moved by Councillor Abel Seconded by Councillor Ballard THAT Council direct the Trails and Active Transportation Committee to provide comment on the feasibility of an underpass design on Wellington Street East, just east of John West Way and Mary Street. CARRIED Councillor Humfryes advised that she attended the Royal Agricultural Winter Fair and extended congratulations to Doug Henry for being inducted into the Jump Canada Hall of Fame at the Fair. She noted that Jim Elder, who was recently inducted into the Aurora Sports Hall of Fame, presented the award to Mr. Henry. 13. READING OF BY-LAWS Moved by Councillor Abel Seconded by Councillor Pirri THAT the following listed by-laws be given first, second, and third readings and enacted: 5558-13 BEING A BY-LAW to create the Aurora Appeal Tribunal and to establish its Rules of Procedure Council Meeting Minutes Tuesday, November 12, 2013 Page 12 of 12 5559-13 BEING A BY-LAW to further amend By-law Number 4747-05.P, as amended (Dog Control and Licensing By-law) 5565-13 BEING A BY-LAW to appoint a Deputy Clerk and to delegate certain authority to the Council and Committee Coordinator/Deputy Clerk on behalf of the Town CARRIED Moved by Councillor Abel Seconded by Councillor Pirri THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5561-13 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 12, 2013 CARRIED 14. CLOSED SESSION None 15. ADJOURNMENT Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the meeting be adjourned at 11:26 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 12, 2013 RECEIVED FINAL APPROVAL AT COUNCIL ON NOVEMBER 26, 2013 WITH THE EXCEPTION OF THE MOTION MADE UNDER NEW BUSINESS REGARDING ITEM 3 – CLS13-032 – GENERAL COMMITTEE REPORT DATED NOVEMBER 5, 2013 WHICH IS BEING REVIEWED.