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MINUTES - Council - 20140506 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, May 6, 2014 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT Councillor Gaertner OTHER ATTENDEES Chief Administrative Officer, Director of Corporate and Financial Services/Treasurer, Director of Infrastructure and Environmental Services, Director of Legal and Legislative Services/Town Solicitor, Director of Parks and Recreation Services, Director of Planning and Development Services, Manager of Code Review and Inspections, Town Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:07 p.m. following Open Forum. 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2. APPROVAL OF THE AGENDA Moved by Councillor Buck Seconded by Councillor Abel THAT the agenda as circulated by Legal and Legislative Services, with the following addition, be approved:  Item 3 – Memorandum from the Director of Parks and Recreation Services Re: Additional Information to General Committee Report PR14-011 – RFP Results for Museum Services for the Aurora Collection CARRIED Moved by Councillor Ballard Seconded by Councillor Pirri THAT Council waive the date and time requirements of Section 3.13(a) of the Procedural By-law to permit the addition of a Notice of Motion from Councillor Ballard regarding Suspension of Councillor Ballard’s Remuneration. CARRIED (two-thirds vote) Council Meeting Minutes Tuesday, May 6, 2014 Page 2 of 11 3. ADOPTION OF THE MINUTES Council Meeting Minutes of April 22, 2014 Special Council – Public Planning Meeting Minutes of April 23, 2014 Moved by Councillor Ballard Seconded by Councillor Buck THAT the Council meeting minutes of April 22, 2014 and the Special Council – Public Planning meeting minutes of April 23, 2014 be adopted as printed and circulated. CARRIED 4. PRESENTATIONS (a) Lynn Pearson, Aurora Relay Chair, and Alex Reil, Manager, Canadian Cancer Society, representing Aurora Relay for Life Re: Relay for Life 2014 Ms. Pearson advised that this year marks the eighth annual Relay for Life event in Aurora, to be held on the fields of Magna International from 7 p.m. on Friday, June 6 through to 7 a.m. on Saturday, June 7. She noted that activities would include DJs and local bands that have donated their time to perform throughout the event, and she requested that Council approve an exemption to the Noise By-law. Ms. Pearson also requested that Council further support the event by providing $650 to help cover the costs of materials including A-frames, recycling bins, pylons, picnic tables, and field- marking equipment. Moved by Councillor Abel Seconded by Councillor Ballard THAT the presentation be received for information. CARRIED Moved by Councillor Abel Seconded by Councillor Humfryes THAT the requirements of the Procedural By-law be waived to allow consideration of this matter. CARRIED (two-thirds vote) Moved by Councillor Abel Seconded by Councillor Humfryes THAT Council cover the cost, to an upset limit of $650 from the Council Discretionary Fund, of providing materials including A-frames, recycling bins, pylons, picnic tables, and field-marking equipment, and approve the exemption to the Noise By-law, for the Aurora Relay for Life 2014 event. CARRIED (b) Bill Thompson, Subwatershed Implementation Specialist, Lake Simcoe Region Conservation Authority Re: East Holland River Subwatershed Plan Implementation Report – 2013 Mr. Thompson presented an update on the progress achieved over the past year toward implementing the East Holland River Subwatershed Plan, including stormwater management, road salt management, construction phase erosion control, and other accomplishments, in partnership with the Town of Aurora, the province, and other municipalities and partners. Council Meeting Minutes Tuesday, May 6, 2014 Page 3 of 11 Moved by Councillor Abel Seconded by Councillor Ballard THAT the presentation be received for information. CARRIED 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes expressed her appreciation to everyone who participated in the Nature’s Emporium Southlake Run or Walk on April 27 and to the Committee for putting together a great fundraiser. She noted that there was still time to donate to Team Aurora at www.runforsouthlake.ca. Councillor Humfryes noted that May 3 was opening day for the 2014 outdoor season of the Aurora Farmers’ Market & Artisan Fair and advised that information is available on the Town website and on the Market’s website, www.theaurorafarmersmarket.com. Councillor Thompson extended a reminder that the Aurora Historical Society would be unveiling a new exhibit this weekend and everyone is invited to attend on Saturday, May 10 from 10 a.m. to 4 p.m. Councillor Abel announced that Wednesday, May 7 is McHappy Day and he encouraged everyone to drop in to McDonald’s, noting that members of Council would be participating and proceeds would go to charity. Councillor Abel announced that Boston Pizza would be holding a fundraiser on Thursday, May 8 where volunteers would be servers and ten per cent of all proceeds would go to the Canadian Cancer Society’s Relay for Life. Councillor Abel noted that many events had taken place over the past weekend including the Aurora Community Arboretum tree planting, the Big Bike Ride fundraiser for the Heart and Stroke Foundation, the 52nd Annual Juried Art Show and Sale held at Town Hall, and the Hike for Hospice fundraising walk for Hospice King-Aurora. Councillor Buck noted that McDonald’s is singularly responsible for Ronald McDonald House, a wonderful facility supported by McHappy Day, which provides accommodation for families who travel from across Ontario for treatment for their children at The Hospital for Sick Children. Mayor Dawe noted that the Town-wide Anti-Litter Day was held on April 26 and more than 300 volunteers collected two tonnes of garbage. Mayor Dawe stated that he attended the 8th Annual York Region Character Awards last week where a number of Aurorans received awards, including former mayor Tim Jones and former CAO John Rogers. Mayor Dawe extended a reminder that Neighbourhood Network would be hosting its annual Spring Tree Planting on Saturday, May 10 at McClellan Way and Bathurst Street. Mayor Dawe announced that an Emerald Ash Borer information session would be held at the York Region Administrative Centre in Newmarket on Wednesday, May 14. Mayor Dawe advised that GO Transit’s seasonal weekend service would start soon. Mayor Dawe announced that the federal government has declared Friday, May 9 as a National Day of Honour for our returning veterans from Afghanistan, and he asked everyone to join in a moment of silence in recognition of those Canadians who have given their lives. Members of Council and those present at the meeting observed a moment of silence in honour of our veterans. Council Meeting Minutes Tuesday, May 6, 2014 Page 4 of 11 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Item 1 (sub-items 3, 10, and 13) were identified for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-items 3, 10, and 13), 2, and 3 were identified as items not requiring separate discussion. Moved by Councillor Abel Seconded by Councillor Pirri THAT the following recommendations with respect to 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 April 29, 2014 THAT the General Committee meeting report of April 29, 2014 be received and the recommendations carried by the Committee, with the exception of sub- items 3, 10, and 13, be approved. 2. CFS14-021 – Authorization to Execute: Gas Tax Municipal Funding Agreement THAT report CFS14-021 be received; and THAT draft By-law No. 5621-14 be adopted to authorize the Mayor and Clerk to execute the new Gas Tax Municipal Funding Agreement between the Town and the Association of Municipalities of Ontario for the ten-year period to March 31, 2024. 3. Memorandum from the Director of Parks & Recreation Services Re: Additional Information to General Committee Report PR14-011 – RFP Results for Museum Services for the Aurora Collection (Added Item) THAT the memorandum regarding Additional Information to General Committee Report PR14-011 – RFP Results for Museum Services for the Aurora Collection be received for information. CARRIED 8. DELEGATIONS None 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of April 29, 2014 (3) PR14-011 – RFP Results for Museum Services for the Aurora Collection Main motion Moved by Councillor Buck Seconded by Councillor Humfryes THAT report PR14-011 be received; and THAT Council direct staff to cancel the RFP for Museum Services for the Aurora Collection. Council Meeting Minutes Tuesday, May 6, 2014 Page 5 of 11 Amendment Moved by Councillor Buck Seconded by Councillor Humfryes THAT the Director of Parks and Recreation Services be authorized to prepare a Terms of Reference with the objective of retaining the services of a curator to organize a museum and heritage program in and from Church Street School; and THAT the Director examine resources currently being expended in the cultural envelope, with a view to redirection to provide for museum and heritage programming. On a recorded vote the first clause of the motion to amend CARRIED. YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gallo On a recorded vote the second clause of the motion to amend was DEFEATED. YEAS: 1 NAYS: 7 VOTING YEAS: Councillor Buck VOTING NAYS: Councillors Abel, Ballard, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe Main motion as amended Moved by Councillor Buck Seconded by Councillor Humfryes THAT report PR14-011 be received; and THAT Council direct staff to cancel the RFP for Museum Services for the Aurora Collection; and THAT the Director of Parks and Recreation Services be authorized to prepare a Terms of Reference with the objective of retaining the services of a curator to organize a museum and heritage program in and from Church Street School. On a recorded vote the main motion as amended CARRIED. YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gallo 1. General Committee Meeting Report of April 29, 2014 (10) CFS14-020 – Amendment to Cheque Signing By-law Moved by Councillor Pirri Seconded by Councillor Abel THAT report CFS14-020 be received; and Council Meeting Minutes Tuesday, May 6, 2014 Page 6 of 11 THAT the Director of Parks and Recreation be added to the existing approved list of non-Finance Division persons authorized to sign cheques and approve electronic payments for the Town; and THAT a replacement by-law reflecting the additional person and the minor housekeeping amendments outlined in this report be brought forward for adoption. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gallo 1. General Committee Meeting Report of April 29, 2014 (13) LLS14-006 – Video Conferencing for Advisory Committee Members Moved by Councillor Abel Seconded by Councillor Buck THAT report LLS14-006 be received for information. CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion Moved by Councillor Buck Seconded by Councillor Pirri THAT the following Notices of Motion be withdrawn: (b) Councillor Buck Re: Heritage and Museum Services RFP (c) Councillor Buck Re: Provision of Heritage and Museum Services CARRIED (a) Councillor Buck Re: Change in Wording to Provide Clarity in Zoning By-law WHEREAS wording in the Town's Zoning By-law pertaining to "repairs light" is irrelevant to industrial use; it reads repairs to watches, cameras, toys, musical instruments, jewellery, bicycles, orthopedic devices, wheelchairs, and musical instruments; and WHEREAS repairs to small engines such as lawn mowers, snow blowers and weed- eaters is described as "heavy"; and WHEREAS utilizing exterior-owned property of an industrial unit as temporary holding of lawn mowers and such has been deemed "storage" and a violation of the zoning and a violation ticket has been issued; and WHEREAS none of the above defined as "repairs light" would normally be expected to be located in an industrial zoning; with little exception they would be expected in a commercial retail zone; and Council Meeting Minutes Tuesday, May 6, 2014 Page 7 of 11 WHEREAS inappropriate wording in zoning has created confusion and hardship to a small business operator in the Town; and WHEREAS Aurora has adopted a logo as "a place where business thrives and neighbors care." NOW THEREFORE BE IT HEREBY RESOLVED THAT the Planning department be directed to correct incorrect and inappropriate wording of relevant sections of the Zoning By-law, to provide clarity and allow a small engines repair shop to provide a service in a location entirely suitable and purchased with a mortgage and legal advice for exactly that purpose. (d) Councillor Abel Re: Code of Conduct WHEREAS the last term of Council (2006-2010) resolved that a Code of Conduct be enacted; and WHEREAS Council employed an Integrity Commissioner to review and make decisions on complaints brought forward under the Code of Conduct; and WHEREAS a complaint last term was brought upon a sitting Councillor; and WHEREAS external legal advice was employed to evaluate and advise on the complaint; and WHEREAS another Integrity Commissioner was employed to replace the original Integrity Commissioner; and WHEREAS when a decision was rendered by the Integrity Commissioner, a notice was posted in the local papers; and WHEREAS this term of Council (2010-2014) has repealed the Code of Conduct; and WHEREAS the Code of Conduct, Integrity Commissioners, and the evaluation/advice on complaints under the Code of Conduct have been a cost to the Taxpayers of Aurora. NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to consolidate all costs that have been borne by the Town since the decision to create a Code of Conduct, including the drafting of the Code of Conduct, legal advice/fees, and fees to the Integrity Commissioners; and BE IT FURTHER RESOLVED THAT the above information be reported to Council to disclose to the public the full financial impact of the Code of Conduct to the Taxpayers of Aurora. (e) Councillor Abel Re: Post-Secondary Institution WHEREAS the Town of Aurora updated a Strategic Plan in 2012; and WHEREAS the Strategic Plan, upon extensive public consultation, identified the desire to attract a Post-Secondary Institution; and WHEREAS a committee was struck, called the Post-Secondary Committee; and WHEREAS a presentation was made to the University of Windsor in December 2013 for a satellite campus; and WHEREAS a joint presentation with the Town of Newmarket was made in April 2014; and Council Meeting Minutes Tuesday, May 6, 2014 Page 8 of 11 WHEREAS resources and funds were drawn from the Town of Aurora. NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to summarize the expenses of these two initiatives, and report back to Council with the financial impact to the Taxpayers of Aurora. (ii) Motions for Which Notice Has Been Given Mayor Dawe relinquished the Chair to Deputy Mayor Abel at 9:15 p.m. (a) Mayor Dawe Re: Federation of Canadian Municipalities (FCM) – Election to Board of Directors Main motion Moved by Mayor Dawe Seconded by Councillor Humfryes WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction; and WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the federal government; and WHEREAS FCM’s 77th Annual Conference and Trade Show will take place May 30 – June 2, 2014, during which time the Annual General Meeting will be held and followed by the election of FCM’s Board of Directors. NOW THEREFORE BE IT HEREBY RESOLVED THAT Council of the Town of Aurora endorse Councillor Paul Pirri to stand for election on FCM’s Board of Directors for the duration of the Council term; and BE IT FURTHER RESOLVED THAT the Town of Aurora assumes all costs associated with Councillor Paul Pirri attending FCM’s Board of Directors meetings. Amendment Moved by Councillor Ballard Seconded by Mayor Dawe THAT the Town of Aurora assumes all costs associated with Councillor Paul Pirri attending FCM’s Board of Directors meetings to a maximum of $8,000. CARRIED Main motion as amended Moved by Mayor Dawe Seconded by Councillor Humfryes WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction; and WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the federal government; and WHEREAS FCM’s 77th Annual Conference and Trade Show will take place May 30 – June 2, 2014, during which time the Annual General Meeting will be held and followed by the election of FCM’s Board of Directors. Council Meeting Minutes Tuesday, May 6, 2014 Page 9 of 11 NOW THEREFORE BE IT HEREBY RESOLVED THAT Council of the Town of Aurora endorse Councillor Paul Pirri to stand for election on FCM’s Board of Directors for the duration of the Council term; and BE IT FURTHER RESOLVED THAT the Town of Aurora assumes all costs associated with Councillor Paul Pirri attending FCM’s Board of Directors meetings to a maximum of $8,000. CARRIED Mayor Dawe resumed the Chair at 9:24 p.m. Moved by Councillor Ballard Seconded by Councillor Abel THAT Council waive the requirements of the Procedural By-law to allow consideration of Councillor Ballard’s Motion, for which no notice has been given. CARRIED (two-thirds vote) (b) Councillor Ballard Re: Suspension of Councillor Ballard’s Remuneration Moved by Councillor Buck Seconded by Councillor Gallo WHEREAS Councillor Chris Ballard is a provincial election candidate in the Ontario 2014 General Election; and WHEREAS the Ontario 2014 General Election campaign period will run from May 7, 2014 to June 12, 2014; and WHEREAS the duties of a provincial election candidate are significant; and WHEREAS Councillor Ballard will be absent from Council and Committee meetings during the Ontario 2014 General Election campaign period; and WHEREAS a Council resolution authorizing a Councillor to be absent from meetings is only required when the absence from meetings of Council will be for more than three successive months; and WHEREAS Councillor Ballard has indicated his desire to ask Council to suspend his remuneration during the Ontario 2014 General Election campaign period. NOW THEREFORE BE IT HEREBY RESOLVED THAT the request of Councillor Ballard to suspend his remuneration for the period May 7, 2014 to June 12, 2014 be received; and BE IT FURTHER RESOLVED THAT Council consents to the suspension of Councillor Ballard's remuneration for the period May 7, 2014 to June 12, 2014. CARRIED 11. REGIONAL REPORT York Regional Council Highlights – April 17, 2014 Moved by Councillor Abel Seconded by Councillor Pirri THAT the Regional Report of April 17, 2014 be received for information. CARRIED Council Meeting Minutes Tuesday, May 6, 2014 Page 10 of 11 12. NEW BUSINESS/GENERAL INFORMATION Councillors Abel and Buck referred to the matter raised in Open Forum regarding the Aurora Farmers’ Market & Artisan Fair and the Town Solicitor recommended that the Councillors discuss their concerns with the Director of Building and By-law Services. 13. READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the following by-laws be given first, second, and third readings and enacted: 5604-14 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 1) 5611-14 BEING A BY-LAW to establish a classification structure and retention periods for The Corporation of the Town of Aurora 5619-14 BEING A BY-LAW to exempt Blocks 92 and 94 on Plan 65M- 4407 from Part-Lot Control (Mattamy (Aurora) Limited) 5621-14 BEING A BY-LAW to authorize the execution of the Municipal Funding Agreement for the transfer of federal Gas Tax Funds 5623-14 BEING A BY-LAW to provide for the use of voting and vote- counting equipment 5624-14 BEING A BY-LAW to provide for advance voting prior to voting day in the Town of Aurora 5625-14 BEING A BY-LAW to provide for reduced opening hours of voting in retirement/nursing homes CARRIED Moved by Councillor Pirri Seconded by Councillor Ballard THAT the following by-law be given first, second, and third readings and enacted: 5620-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Aurora Retail GP Limited, File D14-03-13) CARRIED Moved by Councillor Buck Seconded by Councillor Ballard THAT the following confirming by-law be given first, second, and third readings and enacted: 5622-14 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on May 6, 2014 CARRIED 14. CLOSED SESSION None Council Meeting Minutes Tuesday, May 6, 2014 Page 11 of 11 15. ADJOURNMENT Moved by Councillor Ballard Seconded by Councillor Buck THAT the meeting be adjourned at 9:49 p.m. CARRIED ________________________________ __________________________________ GEOFFREY DAWE, MAYOR STEPHEN M.A. HUYCKE, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF MAY 6, 2014 RECEIVED FINAL APPROVAL BY COUNCIL ON MAY 27, 2014.