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MINUTES - Council - 20121113 THE TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, November 13, 2012 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By- law Services, Director of Corporate and Financial Services/Treasurer, Director of Infrastructure and Environmental Services, Director of Parks and Recreation Services, Director of Planning and Development Services, and Council/Committee Secretary Following Open Forum, Mayor Dawe called the meeting to order at 7 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 Main Motion Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additions, be approved: Delegation (b) Mr. Mike Egan, Resident, and Mr. Damir Vrancic, Solicitor Re: Item 1(7) – PR12-035 – “Kwik Kopy” Agreement for Purchase and Sale For Revised Trail Alignment Delegation (c) Mr. Klaus Wehrenberg, Resident Re: Item 1(7) – PR12-035 – “Kwik Kopy” Agreement for Purchase and Sale For Revised Trail Alignment Amendment Moved by Councillor Ballard Seconded by Councillor Gaertner THAT Notice of Motion (e) be removed from the agenda. Council Meeting Minutes Tuesday, November 13, 2012 Page 2 of 16 A recorded vote was taken on a challenge to a ruling made by the Chair on a point of order. The Chair’s ruling was upheld. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Buck, Gallo, Humfryes, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, and Pirri On a recorded vote the amendment was DEFEATED. YEAS: 2 NAYS: 7 VOTING YEAS: Councillors Ballard and Gaertner VOTING NAYS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe The main motion was CARRIED. III ADOPTION OF THE MINUTES Council Minutes of October 23, 2012 Moved by Councillor Buck Seconded by Councillor Humfryes THAT the Council minutes of October 23, 2012 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Nicole Young, Sponsorship/Special Events Assistant Parks and Recreation Services Re: 2012 Platinum Sponsor Recognition Ms Young noted the many events held in the Town of Aurora over the past year and the countless connections made with thousands in attendance at these events. She recognized the contributions made by the Platinum Sponsors and the years they have participated in Town events. Mayor Dawe presented awards of appreciation to Crabby Joe’s Aurora, Rona, Cineplex Odeon Aurora Cinemas, and Aurora Home Hardware. He noted that their support and dedication to the community was greatly appreciated. Moved by Councillor Buck Seconded by Councillor Abel THAT the presentation regarding 2012 Platinum Sponsor Recognition be received for information. CARRIED Council Meeting Minutes Tuesday, November 13, 2012 Page 3 of 16 (b) Christina Harding, York Region Local Immigration Partnership Re: York Region Immigration Settlement Strategy Ms Harding and Moy Wong-Tam, Executive Director, Centre for Information and Community Services Ontario (CICS) reviewed the demographics and statistics of immigrants to York Region and its desirability as a destination of choice for newcomers to Canada. Ms Harding stated that York Region is the fastest growing Region in Ontario and that there will be significant increases over the next two years. Ms Wong-Tam advised on the Immigration Settlement Strategy and the plan to serve newcomers to the Region. She noted key points in the strategy to provide cultural, economic, social, and political integration as priorities to create a welcoming, inclusive community. Ms Harding and Ms Wong-Tan requested the Town’s participation by providing a staff representative for the Municipal Multi-Cultural Reference Group and to support the collec tive actions of York Region. Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the presentation regarding the York Region Immigration Settlement Strategy be received for information. CARRIED V PUBLIC SERVICE ANNOUNCEMENTS Councillor Ballard thanked the organizers and all those who attended the Remembrance Day ceremonies at the cenotaph. Councillor Abel advised on the Be A Donor signup at Town Hall this evening. He noted that there is a link on the Town website or at beadonor.ca to register. Councillor Abel noted the kick-off held for the Salvation Army Kettle Drive. Councillor Abel wished Bud Switzer good luck as a participant at Canada’s most popular musical competition for seniors, Chartwell’s Senior Star, being held next week. Councillor Abel invited all to attend the Jitterbug Ball being held at the Manor this coming Saturday. Councillor Pirri invited anyone interested in participating to join the Aurora Town Stash team on the Movember website. He noted that this year funds are being raised towards prostate cancer and men’s mental health. Mayor Dawe congratulated those who received service medals awarde d by Central York Fire Services at a recent ceremony. Mayor Dawe noted there will be a fundraiser held this Friday for the 2012 Hockey Helps the Homeless at the Magna Centre. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(7), 1(10), 4, 5, 6, 8, 10, 11, 12, 13, and 16 were identified for discussion. Council Meeting Minutes Tuesday, November 13, 2012 Page 4 of 16 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 7 and 10), 2, 3, 7, 9, 14, 15, 17, and 18 were identified as items not requiring separate discussion. Moved by Councillor Ballard Seconded by Councillor Gallo THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion” be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. General Committee Meeting Report of November 6, 2012 THAT the General Committee meeting report of November 6, 2012 be received and the recommendations carried by the Committee (with the exception of subsections 7 and 10) be approved. 2. Special General Committee – 2013 Budget Review Meeting Report of November 5, 2012 THAT the Special General Committee – 2013 Budget Review meeting report of November 5, 2012 be received and the recommendations carried by the Committee be approved. 3. IES12-054 – Extension of Winter Maintenance Contracts:  No. IES2010-49 – Supply and Operation of Sidewalk Snow Plows;  No. PW2008-37 – Supply and Operation of Snow Removal Trucks THAT report IES12-054 be received; and THAT Tender No. IES2010-49 – for the Supply and Operation of up to Five Sidewalk Tractors with Sander Bodies, Snow Plows and Snow Blowers and up to two (2) Single Axle Trucks as awarded to Trisan Construction Ltd. in August 2010, be extended for one additional year; and THAT Tender No. PW2008-37 – for the Supply and Operation of Four Snow Removal Trucks as awarded to Trisan Construction Ltd. in June 2008, be extended for one additional year; and THAT the Mayor and Town Clerk be authorized to execute the amended Form of Agreement, including any and all documents and ancillary agreements required to give effect to same. 7. EDAC12-09 – Economic Development Advisory Committee Report October 11, 2012 THAT Council adopt the Economic Development Advisory Committee recommendations from the October 11, 2012 meeting. 9. Memorandum from the Director of Infrastructure and Environmental Services Re: Maximum Rates of Speed, Parking Restrictions and Stop Sign Erection at Various Locations in the Town of Aurora THAT the memorandum regarding Maximum Rates of Speed, Parking Restrictions and Stop Sign Erection at Va rious Locations in the Town of Aurora be received for information. Council Meeting Minutes Tuesday, November 13, 2012 Page 5 of 16 14. Memorandum from Mayor Dawe Re: Correspondence from the Muslim Association of Canada THAT the memorandum regarding Correspondence from the Muslim Association of Canada be received for information. 15. Memorandum from Mayor Dawe Re: Correspondence from the Chair of the Aurora Prayer Breakfast Committee THAT the memorandum regarding Correspondence from the Chair of the Aurora Prayer Breakfast Committee be received for information. 17. Memorandum from Mayor Dawe Re: Correspondence from the Lake Simcoe Region Conservation Authority THAT the memorandum regarding Correspondence from the Lake Simcoe Region Conservation Authority be received for information. 18. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights October 26th Meeting of the Board THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights – October 26th Meeting of the Board be received for information. CARRIED VIII DELEGATIONS (a) Gilda Collins, Project Manager, Permit World Re: Item 1(10) – BBS12-009 – Request for Sign Variance to Sign By-law 4898-07.P – 15400 Bayview Avenue Ms Collins provided additional information regarding the distance b etween the building, and townhouses and condos that may be in the sightlines. She advised that the existing signage along Bayview Avenue provides poor visibility and the requested variance would allow sign visibility for neighbouring parking lots and businesses. Ms Collins noted they would be prepared to reduce illumination or work with the Town to come to an agreeable compromise. Moved by Councillor Pirri Seconded by Councillor Thompson THAT the delegation be received and referred to Item 1(10). CARRIED (b) Mr. Mike Egan, Resident, and Mr. Damir Vrancic, Solicitor Re: Item 1(7) – PR12-035 – “Kwik Kopy” Agreement for Purchase and Sale For Revised Trail Alignment Mr. Egan reviewed the details and chronology of events regarding the proposed trail alignment. He noted that he is concerned with safety issues and that he was not in favour of the recommendation from last week’s General Committee Council Meeting Minutes Tuesday, November 13, 2012 Page 6 of 16 meeting. He provided alternatives to the existing plan and requested Council’s consideration of the original General Committee recommendation. Moved by Councillor Buck Seconded by Councillor Thompson THAT the Procedural By-law be waived to allow the delegate more time. CARRIED (two-thirds majority) Moved by Councillor Gallo Seconded by Councillor Buck THAT the delegation be received and referred to Item 1(7). CARRIED (c) Mr. Klaus Wehrenberg, Resident Re: Item 1(7) – PR12-035 – “Kwik Kopy” Agreement for Purchase and Sale For Revised Trail Alignment Mr. Wehrenberg registered his objection to any deviations from the original proposed trail alignment. He reviewed the history of this portion of the trail and advised that the easement has been in place for over twenty years in order to accommodate an appropriate trail. He noted the enjoyment of residents who utilize the trails within the community. Moved by Councillor Buck Seconded by Councillor Gallo THAT the delegation be received and referred to Item 1(7). CARRIED IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of November 6, 2012 (7) PR12-035 – “Kwik Kopy” Agreement for Purchase and Sale For Revised Trail Alignment Main Motion Moved by Councillor Pirri Seconded by Councillor Gallo THAT report PR12-035 be received; and THAT Council approve the proposed terms and conditions detailed within report PR12-006 to be included within an Agreement of Purchase and Sale for the trail at 15900 Yonge Street; and THAT the Mayor and Town Clerk be authorized to execute the Agreement of Purchase and Sale, including any and all documents and ancillary agreements required to give effect to same; and THAT upon completion of the Agreement of Purchase and Sale the Town take the necessary steps to release the easement in existence on the subject property, including the execution by Mayor and Town Clerk of any documents necessary to give effect to same. Council Meeting Minutes Tuesday, November 13, 2012 Page 7 of 16 Moved by Councillor Humfryes Seconded by Councillor Gallo THAT this Item be referred to the Trails and Active Transportation Committee for additional consideration. CARRIED 1. General Committee Meeting Report of November 6, 2012 (10) BBS12-009 – Request for Sign Variance to Sign By-law 4898-07.P – 15400 Bayview Avenue Moved by Councillor Abel Seconded by Councillor Thompson THAT report BBS12-009 be received; and THAT Council deny the requested variance and impose the provisions of Sign By-law No. 4898-07.P. Moved by Councillor Thompson Seconded by Councillor Abel THAT this Item be referred back to staff to incorporate the concerns expressed in a report back to Council. CARRIED Moved by Councillor Gallo Seconded by Councillor Abel THAT Items 4 and 5 be considered at the same time. CARRIED 4. PR12-037 – Award of Tender PRS2012-51 – Multi-Purpose Synthetic Turf Sports Field Moved by Councillor Pirri Seconded by Councillor Gaertner THAT the motion be split and the last clause voted upon separately. CARRIED Moved by Councillor Pirri Seconded by Councillor Gaertner THAT report PR12-037 be received; and THAT Tender PRS2012-51 – Multi-Purpose Synthetic Turf Sports Field construction not be awarded. CARRIED THAT the remaining funding for Capital Project 73161 in the amount of $1,454,671.00 be returned to the source. DEFEATED Council Meeting Minutes Tuesday, November 13, 2012 Page 8 of 16 5. Memorandum from the Director of Parks and Recreation Services Re: Item 4 – PR12-037 – Award of Tender PRS2012-51 – Multi-Purpose Synthetic Turf Sports Field – Additional Details Moved by Councillor Gallo Seconded by Councillor Pirri THAT the memorandum regarding Item 4 – PR12-037 – Award of Tender PRS2012-51 – Multi-Purpose Synthetic Turf Sports Field – Additional Details be received for information. CARRIED 6. PRAC12-08 – Parks and Recreation Advisory Committee Report October 10, 2012 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Council adopt the Parks and Recreation Advisory Committee recommendations from the October 10, 2012 meeting. CARRIED 8. CLS12-028 – General Committee Closed Session Report dated November 6, 2012 Moved by Councillor Pirri Seconded by Councillor Thompson THAT report CLS12-028 be received; and THAT the recommendations herein of the General Committee Closed Session of November 6, 2012 be adopted: (1) A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: PL12-061 - Potential Sale of Lands at Northeast Corner of John West Way and Wellington Street East, Perwick Investments Limited (Tridel) THAT staff be directed to decline the offer. (2) Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board; Re: CFS12-011 – Settlement of OMB Appeals Against the Town’s Development Charges By-law THAT the confidential Closed Session recommendations be adopted. Items 8(1) and 8(2) CARRIED (3) The security of property of the Town or Local Board; and Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Public Release of Confidential Auditor’s Internal Control Letter THAT the Auditor’s Internal Control Letter received in Closed Session on October 1, 2012, as redacted in Attachment #1 to confidential report CFS12-043 be made public and received for information. (Please see Attachment 1) Council Meeting Minutes Tuesday, November 13, 2012 Page 9 of 16 (4) The security of property of the Town or Local Board; and Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Action Plan in Response to Auditor’s Internal Control Letter THAT report CFS12-041 be placed on the next Council agenda and received for information. (Please see Attachment 2) (5) Personal matters about an identifiable individual, including a Town or Local Board employee; and Labour Relations and Employee Negotiations; Re: Organizational Shifts to Accommodate Internal Control Action Plan THAT Council receive the verbal presentation regarding Organizational Shifts to Accommodate Internal Control Action Plan. On a recorded vote Items 8(3), 8(4), and 8(5) CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Ballard, Gaertner, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Buck 10. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Correspondence from the City of Markham; Re: Diversion Task Force Report (5.10) Moved by Councillor Gaertner Seconded by Councillor Ballard THAT the memorandum regarding Correspondence from the City of Markham; Re: Diversion Task Force Report (5.10) be received for information. CARRIED 11. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Correspondence from York Region; Re: Interest Arbitration Reform Moved by Councillor Gaertner Seconded by Councillor Pirri THAT this Item be received and referred to staff for a report. CARRIED Council Meeting Minutes Tuesday, November 13, 2012 Page 10 of 16 12. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Correspondence from the Township of King; Re: Resolution – Regional Council Representation Moved by Councillor Gaertner Seconded by Councillor Abel THAT the memorandum regarding Correspondence from the Township of King; Re: Resolution – Regional Council Representation be received and endorsed. CARRIED 13. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Correspondence from the Township of King; Re: Clerks Department Report Number CL-2012-22; Resolution – Extension of Weekend GO Service Moved by Councillor Thompson Seconded by Councillor Gaertner THAT the memorandum regarding Correspondence from the Township of King; Re: Clerks Department Report Number CL-2012-22; Resolution – Extension of Weekend GO Service be received and endorsed. CARRIED 16. Memorandum from Mayor Dawe Re: Correspondence from the Aurora Chamber of Commerce Moved by Councillor Gaertner Seconded by Councillor Pirri THAT the memorandum regarding Correspondence from the Aurora Chamber of Commerce be received for information. CARRIED X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Ballard Re: Comprehensive Expense Policies WHEREAS the Town of Aurora has stated its commitment to being an open, transparent and accountable government that is fiscally responsible; and WHEREAS esteemed organizations such as the Federal and Provincial Privacy Commissioners and Ontario Ombudsman have adopted Proactive Disclosure that includes Senior Staff expenses; and WHEREAS the Ontario Municipal Act, Section 284, requires municipalities to provide an itemized statement of remuneration and expenses paid to each Member of Council only on an annual basis; and WHEREAS neighbouring communities, notably Richmond Hill, Vaughan and Toronto, have adopted comprehensive Council expense policies with timely online reporting of Council Member expenses; and Council Meeting Minutes Tuesday, November 13, 2012 Page 11 of 16 WHEREAS the City of Toronto’s public expense reporting includes expenses of Senior Staff; and WHEREAS the Town of Aurora’s Members of Council Expense Policy No. 57 only addresses Council Member spending on conferences, seminars, training and development, and expense allowance with minimal detail, an d was written in 2001 and revised in 2006; and WHEREAS Employment Expenses Policy 28, addresses staff expenses and acts only as a “guide” for Council Member expenses, and was written in 1988 and revised in 2002; and WHEREAS it is in the best interest of the community we serve to disclose, in a comprehensive and public manner, the details of expenses that Councillors and Senior Staff incur, and that taxpayers fund from their pockets. NOW THEREFORE BE IT RESOLVED THAT staff be directed to develop new expense policies for both Members of Council and Senior Staff that are comprehensive and provide openness, transparency, and accountability to the residents and taxpayers of Aurora. (b) Councillor Ballard Re: Alcohol Reimbursement Policy WHEREAS the Town of Aurora has stated its commitment to being an open, transparent and accountable government that is fiscally responsible; and WHEREAS the public’s attitude toward alcohol consumption and the reimbursement of public officials for alcohol purchases has cha nged since the Town of Aurora’s Members of Council Expense Policy No. 57 (2001, rev. 2006) and Employment Expenses Policy 28 (1988, rev. 2002) were written; and WHEREAS Policy No. 28 was written for Staff, but has acted only as a “guide” for Council Member expenses; and WHEREAS both Policy No. 28 and Policy No. 57 are silent with regard to reimbursing Staff and Council Members for alcohol purchases; and WHEREAS Senior Staff and Council Members can currently be reimbursed for alcohol purchases; and WHEREAS it is important for Council to manage its risk and not put the Corporation in financial jeopardy; and WHEREAS Canadian courts have made significant damage and cost awards against corporations responsible for providing alcohol, where alcohol is a contributing factor of an accident; and WHEREAS The Town of Aurora could be placed at unknown financial risk if it continues to reimburse Council Members and Senior Staff for alcohol purchases; and WHEREAS the reimbursement of alcohol purchases by Councillors and Senior Staff may appear to encourage drinking and driving, which is not condoned by the public and could put the Corporation at serious financial risk; and WHEREAS Transport Canada reports over 1,000 Canadians die each year in alcohol-related crashes and that these crashes cost Canadians over $10.6 billion a year in lost wages, property damage and health -care costs; and Council Meeting Minutes Tuesday, November 13, 2012 Page 12 of 16 WHEREAS taxpayers, generally, no longer consider it appropriate to fund the purchase of alcohol by elected officials and staff. NOW THEREFORE BE IT RESOLVED THAT effective December 1, 2012, reimbursement for alcohol purchases made by Members of Council and Senior Staff be discontinued. (c) Councillor Thompson Re: Audio Recordings of Closed Session Meetings WHEREAS the Closed Session meetings and attendant proceedings of Council are subject to investigation at any time should a member of the public feel it is warranted; and WHEREAS the accuracy of the records and/or documentation kept in regards to the Closed Session meetings and proceedings of Council is therefore vital; and WHEREAS currently only minutes are taken and there is no verbatim —written or audio-recorded—record of the Closed Session proceedings of Council; and WHEREAS the Ontario Ombudsman has called for all closed-door meetings to be recorded to enhance transparency and assist in the investigation of any Closed Session complaints by the public. NOW THEREFORE BE IT RESOLVED THAT Council revisit this issue which was brought forward in the last term by former Councillor Collins-Mrakas and that staff be directed to report back on the recommendation to have all future Closed Session meetings of Council audio-recorded and what protocols should be put into place for the access, retention and destruction of these records. (d) Councillor Thompson Re: Motion to Reconsider a Tie Vote WHEREAS the current Procedural By-Law states that any motion that receives a tie vote shall be deemed to have been in the negative; and WHEREAS tie votes, though not common, can have a serio us implication on moving the business of the Town forward; and WHEREAS there may be times when a tie vote shall be the result of not all Members of Council being present for the vote. NOW THEREFORE BE IT RESOLVED THAT section 8.14 of the Procedural By- Law be revised to read as follows: 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. Council Meeting Minutes Tuesday, November 13, 2012 Page 13 of 16 (e) Councillor Thompson Re: SLAPP Lawsuit WHEREAS on September 15, 2010 Aurora Town Council passed a resolution authorizing the Town Solicitor to retain external legal counsel to take any and all actions to bring resolution to this matter; and WHEREAS in his legal decision Master Hawkins stated, unequivocally, that this action was SLAPP litigation, an acronym for Strategic Lawsuit Aga inst Public Participation, a tactic which is often viewed as a means to silence, intimidate and deter people from participating in discussions on matters of public interest; and WHEREAS Freedom of Expression is at the core of any SLAPP suit; and WHEREAS neighbouring communities, such as Markham, are examining steps to try and protect the municipality and its residents from SLAPP suits. NOW THEREFORE BE IT RESOLVED THAT, in the interest of openness and transparency, staff be directed to post on the Town’s website the decision of Master Hawkins so that the residents can have ready access to the results of a lawsuit that was funded by their tax dollars; and FURTHER THAT Legal Services staff put together, for information purposes only, a report regarding SLAPP legislation that identifies any similar issues that have occurred in other municipalities, and summarizes what has been done in these communities to address these issues; and FURTHER THAT staff report back on what measures have been implemented to ensure that the events and decisions leading up to the result to fund the SLAPP suit do not occur in the future, and recommend any additional measures that should be considered to safeguard the residents of this Town from any further SLAPP action suits by an elected official; and FURTHER THAT Legal Services staff be directed to report back, in Closed Session, to provide legal advice on the financial implications of the decision by Master Hawkins with specific reference to the possibility of recovery of any a nd all monies spent by the Town, and the issuance of a written statement expressing regret to those residents named in the lawsuit; and FINALLY FURTHER THAT the Mayor, on behalf of Council, advocate and write a letter to the Province urging better legislative protection for citizens against SLAPP lawsuits and ask them to adopt the measures put forward by the Anti - SLAPP Advisory Panel in 2010, measures that the Panel proposed which, in their opinion, should encourage freedom of expression on matters of publ ic interest, and discourage use of the courts in ways that unduly limit that freedom. (ii) Motions for Which Notice Has Been Given (a) Councillor Abel Re: Aurora Armoury – Former Headquarters of The Queen’s York Rangers Moved by Councillor Abel Seconded by Councillor Thompson WHEREAS the Town of Aurora and the Department of National Defence entered into a lease arrangement for the use of the Aurora Armoury as headquarters for The Queen’s York Rangers Regiment; and Council Meeting Minutes Tuesday, November 13, 2012 Page 14 of 16 WHEREAS The Queen’s York Rangers left the Aurora Armoury headquarters in the historic Aurora Town Park after some 100 years of occupancy; and WHEREAS the Department of National Defence must declare the Aurora Armoury as surplus before the Town of Aurora considers purchasing the property; and WHEREAS it may take years for consideration by the Department of National Defence to consider a very valuable and historic property to be considered surplus, if indeed at all; and WHEREAS the Town of Aurora is very interested in utilizing the Aurora Armoury for the good of the community, and WHEREAS the Town of Aurora and The Queen’s York Rangers share a unique and special long-term relationship of over 100 years. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to pursue a temporary arrangement, be it a short-term lease or otherwise, so that the Aurora Armoury be used and kept active for the use and betterment of the Town Of Aurora, and in the keeping of the fine heritage of The Queen’s York Rangers. CARRIED Mayor Dawe relinquished the Chair to Councillor Abel at 10:29 p.m. (b) Mayor Dawe Re: Contraband Tobacco Moved by Mayor Dawe Seconded by Councillor Pirri WHEREAS contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal activity; and WHEREAS contraband tobacco products are easily accessible in our community; and WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; and WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco. NOW THEREFORE BE IT RESOLVED that Aurora Town Council request the Chair of the York Regional Council write a letter to the Ontario Minister of Finance in support of the Ontario Government’s most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as:  increased fines for those convicted of offenses related to contraband tobacco;  more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; Council Meeting Minutes Tuesday, November 13, 2012 Page 15 of 16  drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts; and BE IT FURTHER RESOLVED THAT the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures and that surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco. CARRIED Mayor Dawe resumed the Chair at 10:30 p.m. Moved by Councillor Thompson Seconded by Councillor Pirri THAT the Procedural By-law be waived to extend the hour at 10:30 p.m. CARRIED (two-thirds majority) XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION Councillor Gallo inquired when the Town website would be revamped and the Chief Administrative Office noted that the Town has entered into a partnership with Newmarket and Whitchurch-Stoufffville for a joint development in websites, and the new website should be up and running by mid next year. Councillor Buck asked when the General Committee meetings would be live- streamed and was informed that testing has been completed and live-streaming would be commencing next week. Councillor Gaertner inquired how the public would be aware of the live-streaming and was informed that a press release would be issued. Councillor Gaertner inquired when the Bulk Barn sale details would be released. The Director of Legal Services/Town Solicitor noted that they have already been made public and he related the details, and advised that this information is available to the public at the York Region Land Registry Office. Councillor Ballard requested assurance regarding the practice of binding agreements between the Town and individuals or businesses, and the Chief Administrative Officer noted that staff does not have t he authority to bind the Corporation and bring forward potential agreements for Council’s authority to move forward before any agreement can be binding to either side. Councillor Ballard expressed concern regarding comments from Mr. Wehrenberg about how an easement was given and that this included private gain. He requested clarification regarding these comments in a future report. Council Meeting Minutes Tuesday, November 13, 2012 Page 16 of 16 XIII READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Abel THAT the following listed by-laws be given first, second, and third readings and enacted: 5431-12 BEING A BY-LAW to authorize a franchise agreement between The Corporation of the Town of Aurora and Enbridge Gas Distribution Inc. 5462-12 BEING A BY-LAW to amend Parking and Traffic Control By- law Number 4574-04.T, as amended, to prescribe maximum rates of speed on certain streets in the Town of Aurora 5463-12 BEING A BY-LAW to amend Parking and Traffic Control By- law Number 4574-04.T, as amended, to designate and erect stop signs at various intersections in the Town of Aurora 5464-12 BEING A BY-LAW to amend Parking and Traffic Control By- law Number 4574-04.T, as amended, with respect to parking on Don Hillock Drive, Goulding Avenue, and Soleil Boulevard 5465-12 BEING A BY-LAW to appoint Building Inspectors CARRIED Moved by Councillor Buck Seconded by Councillor Thompson THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5469-12 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 13, 2012 CARRIED XIV CLOSED SESSION None XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Pirri THAT the meeting be adjourned at 10:40 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 13, 2012 RECEIVED FINAL APPROVAL AT COUNCIL ON NOVEMBER 27, 2012.