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MINUTES - Council - 20140715 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, July 15, 2014 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Buck, Gaertner, Gallo, Humfryes, Pirri, and Thompson (arrived 7:10 p.m.) MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Building and By-law Services, Director of Legal and Legislative Services/Town Solicitor, Director of Parks and Recreation Services, Director of Planning and Development Services, IT Manager, Manager of Engineering and Capital Delivery, Town Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:05 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 Gallo THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3. ADOPTION OF THE MINUTES Council Meeting Minutes of June 24, 2014 Special Council – Public Planning Meeting Minutes of June 25, 2014 Moved by Councillor Humfryes Seconded by Councillor Buck THAT the Council meeting minutes of June 24, 2014 and the Special Council – Public Planning meeting minutes of June 25, 2014 be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, July 15, 2014 Page 2 of 12 4. PRESENTATIONS (a) Sara Stevens, Sheena Griffith, and Cathy Harris, representing Pine Tree Potters’ Guild Re: Presentation of Plate to Council Ms. Stevens, President of the Pine Tree Potters’ Guild, noted that she was accompanied by Sheena Griffith and Cathy Harris, both past Presidents of the Guild. She recognized that the Guild has been able to give back to the community through their annual Empty Bowls event, which has raised more than $60,000, and their Girl Guide and Boy Scout program in the Kids Summer Clay Camp. Ms. Stevens advised that their Earth to Fire exhibition is now on display at the Aurora Cultural Centre, and she presented a ceramic plate to Mayor Dawe as a token of appreciation for more than thirty years of support from the Town of Aurora. Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the presentation of Sara Stevens, representing Pine Tree Potters’ Guild, be received. CARRIED (b) Jill Foster, Chief Executive Officer, Aurora Public Library Re: One Book, One Aurora Ms. Foster noted that she was accompanied by Reccia Mandelcorn, Manager of Community Collaboration and responsible for the One Book, One Aurora (OBOA) project. She provided background information on this community-wide reading project and stated that One Book, One Aurora, featuring the book Prisoner of Tehran by Marina Nemat, was launched on April 1, 2014 and would culminate on September 27, 2014 during the annual Culture Days celebrations at the Library. Ms. Foster advised of the OBOA website, www.OneBookOneAurora.com, and highlighted some of the various events, community partners, and sponsors involved. She also noted that there were several ‘Little Free Libraries’ built by partners and situated in various locations of the Town, from which the community was invited to borrow a book to read and then pass it on or return it to one of these portable libraries. Ms. Foster thanked the Town for its support and added that the Library plans to build on the strategic alliances formed through this project and continue to position itself as a conduit to lifelong literacy and citizen engagement. Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the presentation of Jill Foster, Chief Executive Officer, Aurora Public Library, be received. CARRIED 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes extended a reminder that the Aurora Farmers’ Market & Artisan Fair takes place every Saturday from 8 a.m. to 1 p.m. and includes many new vendors. Councillor Abel announced that tickets were now available for the Magna Hoedown being held on September 12-13, 2014. Councillor Abel extended a reminder that the Doors Open Aurora event would be held on August 16, 2014, noting that the Aurora Farmers’ Market is a participating site that will include a Doors Open booth with information on the many other interesting sites. Council Meeting Minutes Tuesday, July 15, 2014 Page 3 of 12 Councillor Abel extended congratulations to Kerry’s Place Autism Services for their Appreciation Day held on July 5, 2014 in conjunction with the Aurora Farmers’ Market and local artists. Mayor Dawe extended appreciation to the Director of Parks and Recreation Services and the Special Events staff, as well as Infrastructure and Environmental Services staff, for their efforts toward a great Canada Day. Mayor Dawe noted that the Concerts in the Park series would be continuing on July 16 with the Tartan Terrors and on July 23 with a Tribute to Elton John. He added that the headlining bands for Aurora’s Ribfest would be announced at the July 16 concert. 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 5, 6, 10, 11, 13, 14, 15, 17, 19, and 20 were identified for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 4, 7, 8, 9, 12, 16, 18, and 21 were identified as items not requiring separate discussion. Moved by Councillor Buck 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: 4. IES14-035 – Fleet 2014 Capital Request Confirmation – Capital Project 71097 – Light Industrial Loader to Replace Agricultural Tractor #221 THAT report IES14-035 be received; and THAT this report satisfy Council’s conditional budget approval; and THAT staff be authorized to proceed with Capital Project 71097 at a revised budget of $60,000 to replace Agricultural Tractor #221 with similar equipment. 7. IES14-038 – Regional/Local Asset Ownership Agreement THAT report IES14-038 be received; and THAT the Mayor and Town Clerk be authorized to execute the Asset Ownership Agreement for underground linear assets with the Region of York including any and all documents and ancillary agreements required to give effect to same; and THAT the Director of Infrastructure and Environmental Services be authorized to amend the schedule of assets from time to time as agreed with York Region in accordance with the principles of the agreement. 8. IES14-039 – Additional Work to Aurora Community Centre Roof Replacement Contract (Tender IES2013-76) THAT report IES14-039 be received; and THAT the budget for Capital Project 72131 be increase from $524,000 to $540,000 to accommodate repairs to the arena 2 roof gutter caused by extreme winter conditions; and Council Meeting Minutes Tuesday, July 15, 2014 Page 4 of 12 THAT funding of $16,000 be provided from the Facilities Repair and Replacement Reserve. 9. LLS14-026 – Resignation of Heritage Advisory Committee Member THAT report LLS14-026 be received; and THAT the Heritage Advisory Committee Terms of Reference be amended, by changing the number of citizen members to four (4), for the remaining term of Council. 12. PL14-050 – Planning Applications Status List THAT report PL14-050 be received for information. 16. EDAC14 -04 – Economic Development Advisory Committee Report of June 12, 2014 THAT report EDAC14-04 be received for information. 18. TATC14-05 – Trails and Active Transportation Committee Report of June 20, 2014 THAT report TATC14-05 be received for information. 21. Memorandum from Mayor Geoffrey Dawe Re: Lake Simcoe Region Conservation Authority Highlights June 27, 2014 – Meeting of the Board THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights – June 27, 2014 – Meeting of the Board be received for information. CARRIED 8. DELEGATIONS None Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Item 10(ii)(c) “Motion for Which Notice Has Been Given, Councillor Gaertner; Re: Protection for Area of Significant Heritage and Cultural Resources” and Item 10(ii)(a) “Motion for Which Notice Has Been Given, Councillor Gaertner; Re: Town of Aurora Sesquicentennial Funding Report” be moved forward for consideration. CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (ii) Motions for Which Notice Has Been Given (c) Councillor Gaertner Re: Protection for Area of Significant Heritage and Cultural Resources Moved by Councillor Gaertner Seconded by Councillor Humfryes WHEREAS it is the intent of the Town of Aurora's Official Plan to ensure that Aurora's stable neighbourhoods are protected; and Council Meeting Minutes Tuesday, July 15, 2014 Page 5 of 12 WHEREAS the Official Plan seeks to ensure the stability and vibrancy of these existing neighbourhoods from the negative impacts of potential incompatible development and growth pressure; and WHEREAS, according to the Plan, any infill that occurs must fit in and respect the established community character; and WHEREAS by 2031, 3,140 dwelling units are to be located in the Town's existing built-up area; and WHEREAS the Town may use the power and tools provided by the enabling legislation, policies and programs in the Planning Act and Municipal Act to enforce Section 13.2 of Aurora's Official Plan, General Cultural and Heritage Policies; and WHEREAS the Province mandates that municipalities protect their significant heritage and cultural resources; and WHEREAS the Southeast Old Aurora Heritage Conservation District was not approved by Council; and WHEREAS this is an area of significant heritage and cultural resources. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff bring forward a report to this Council on tools available to Aurora, outside of the Heritage Act, to retain the character of this southeast Aurora neighbourhood and to protect it from incompatible development. 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 Buck and Thompson (a) Councillor Gaertner Re: Town of Aurora Sesquicentennial Funding Report Main motion Moved by Councillor Gaertner Seconded by Councillor Gallo WHEREAS the Town of Aurora celebrated its 150th Birthday in 2013; and WHEREAS Council, by motion, approved the spending of $140,000 to celebrate this event; and WHEREAS there has not been a report back to Council on how this public money was spent; and WHEREAS financial transparency and accountability are a cornerstone of the democratic process. NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to prepare a report detailing the use of these funds. Amendment Moved by Councillor Abel Seconded by Councillor Pirri THAT the motion be amended by deleting the following clause: Council Meeting Minutes Tuesday, July 15, 2014 Page 6 of 12 “WHEREAS financial transparency and accountability are a cornerstone of the democratic process.” CARRIED Moved by Councillor Buck Seconded by Councillor Pirri THAT the question be called. DEFEATED Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Gallo WHEREAS the Town of Aurora celebrated its 150th Birthday in 2013; and WHEREAS Council, by motion, approved the spending of $140,000 to celebrate this event; and WHEREAS there has not been a report back to Council on how this public money was spent. NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to prepare a report detailing the use of these funds. On a recorded vote the main motion as amended was DEFEATED. YEAS: 2 NAYS: 6 VOTING YEAS: Councillors Gaertner and Gallo VOTING NAYS: Councillors Abel, Buck, Humfryes, Pirri, Thompson, and Mayor Dawe 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Buck Seconded by Councillor Humfryes THAT Item 11 be moved forward for consideration. CARRIED 11. PL14-043 – Oak Ridges Moraine Conservation Plan & Greenbelt Plan Provincial Review (2015) Main motion Moved by Councillor Pirri Seconded by Councillor Thompson THAT report PL14-043 be received; and THAT Council endorse the comments prepared by staff regarding the 2015 Provincial Review of the Oak Ridges Moraine Conservation Plan and Greenbelt Plan; and THAT report PL14-043 and related Council resolution be forwarded to York Region and the Ontario Ministry of Municipal Affairs & Housing. Council Meeting Minutes Tuesday, July 15, 2014 Page 7 of 12 Motion to refer Moved by Councillor Gallo Seconded by Councillor Abel THAT Item 11 be referred back to staff to undertake a public consultation in the Town of Aurora, to be completed in conjunction with York Region, and report back to Council in early 2015. CARRIED 1. CAO14-014 – Council Compensation Moved by Councillor Abel Seconded by Councillor Pirri THAT report CAO14-014 be received for information. CARRIED 2. CFS14-024 – Award of RFP CFS2014-34 – Multifunctional Printing Devices and Services Moved by Councillor Gallo Seconded by Councillor Pirri THAT report CFS14-024 be received; and THAT RFP CFS2014-34 – The Provision of Multifunctional Printing Devices and Services be awarded to Xerox Canada Limited in the amount of $230,029.56 excluding tax for the three-year term; and THAT Council authorize the Director to renew RFP CFS2014-34 for an additional two, one-year periods, pending an annual analysis and satisfactory performance review by the Director; 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. CARRIED 3. IES14-034 – Award of Tender IES2014-12 – Streetscape Improvements: Wellington Street West, from Bathurst Street to McDonald Drive Moved by Councillor Gallo Seconded by Councillor Abel THAT report IES14-034 be received; and THAT Tender IES2014-12 – Streetscape Improvements; Wellington Street West, from Bathurst Street to McDonald Drive, be awarded to Bennington Construction Ltd. in the amount of $380,753.60, excluding taxes; and THAT surplus funding be returned to source; 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. CARRIED Council Meeting Minutes Tuesday, July 15, 2014 Page 8 of 12 5. IES14-036 – Award of Tender IES2014-40 – Construction of the Aurora Snow Disposal Facility in Lambert Willson Park, Industrial Parkway North Main motion Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT report IES14-036 be received; and THAT Capital Project 34211, Snow Storage Site Construction, be reopened and funded in the amount of $814,355; and THAT the Joint Operations Centre (JOC) capital project 34217 be reduced by $814,355 based on the funding that was previously available for the snow storage construction and that was previously consolidated with the JOC; and THAT Tender IES2014-40 – Construction of the Aurora Snow Disposal Facility in Lambert Willson Park, Industrial Parkway North, be awarded to Ambler & Company Incorporated in the amount of $792,362.13, excluding taxes; 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. Motion to defer Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Item 5 be deferred to the next Council meeting when the Director of Infrastructure and Environmental Services would be available to provide additional information. CARRIED 6. IES14-037 – Sidewalk on Golf Links Drive Moved by Councillor Gallo Seconded by Councillor Humfryes THAT report IES14-037 be received; and THAT this report satisfy Council’s conditional budget approval for capital project 34608; and THAT the budget for capital project 34608 be reduced from $110,000 to $90,000 based on the reduced scope of work and identified on Attachment #2; and THAT staff be authorized to finalize the detail design and contract documents for the construction of approximately 110m of sidewalk on the north side of Golf Links Drive from Yonge Street to the east driveway of Highland Green Condominium. CARRIED 10. LLS14-027 – Appointment to the Joint Council Committee (Central York Fire Services) Main motion Moved by Councillor Gallo Seconded by Councillor Pirri THAT report LLS14-027 be received for information. Council Meeting Minutes Tuesday, July 15, 2014 Page 9 of 12 Amendment Moved by Councillor Gallo Seconded by Councillor Abel THAT the main motion be amended by adding the following clause: “THAT Mayor Geoffrey Dawe be appointed to sit on the Joint Council Committee, which oversees the operation of the Central York Fire Services, as one of the Town of Aurora’s Council representatives on the Committee.” CARRIED Main motion as amended Moved by Councillor Gallo Seconded by Councillor Pirri THAT report LLS14-027 be received; and THAT Mayor Geoffrey Dawe be appointed to sit on the Joint Council Committee, which oversees the operation of the Central York Fire Services, as one of the Town of Aurora’s Council representatives on the Committee. CARRIED 14. CLOSED SESSION Moved by Councillor Thompson Seconded by Councillor Pirri THAT Council resolve into a General Committee Closed Session to consider: 1. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Report PR14-034 – Naming of the Aurora Family Leisure Complex (AFLC) Ice Pad. 2. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board; Re: Report PL14-051 – Appeal to the Ontario Municipal Board re Butylkin Committee of Adjustment Minor Variance Application – 67 Child Drive. 3. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board; Re: Report LLS14-028 – MGI Construction Corp. v. The Town of Aurora, et al. 4. Personal matters about an identifiable individual, including a Town or Local Board employee; Re: Staff Performance Discussion. CARRIED Council recessed into a General Committee Closed Session at 9:30 p.m. and reconvened into open session at 10:59 p.m. Moved by Councillor Abel Seconded by Councillor Thompson THAT the Council meeting be reconvened. CARRIED Council Meeting Minutes Tuesday, July 15, 2014 Page 10 of 12 Moved by Councillor Abel Seconded by Councillor Gallo THAT, in accordance with subsection 3.16(b) of the Procedural By-law, the hour be extended past 11 p.m. CARRIED (two-thirds vote) 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Thompson Seconded by Councillor Abel THAT the following items be deferred to the Council meeting of July 29, 2014: 13. PL14-052 – Council Motion Re: Change in Wording to Provide Clarity in Zoning By-law 14. PL14-053 – Aurora Promenade Streetscape Design and Implementation Plan 15. PR14-033 – Staff Resources for the Aurora Chamber Street Festival 17. PRAC14-06 – Parks and Recreation Advisory Committee Report of June 19, 2014 19. Memorandum from Director of Infrastructure & Environmental Services Re: Deferral of By-law Number 5590-14 – Collection of Solid Waste and Recyclable Materials 20. Memorandum from Mayor Geoffrey Dawe Re: Recipients of the 2014 Town of Aurora Student Academic Achievement Awards 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 Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the following “Motions for Which Notice Has Been Given” be deferred to the Council meeting of July 29, 2014: (b) Councillor Buck Re: Aurora United Church (d) Mayor Dawe Re: Information Regarding Outstanding Insurance Matters and the Town’s Insurance Premium CARRIED Council Meeting Minutes Tuesday, July 15, 2014 Page 11 of 12 11. REGIONAL REPORT York Regional Council Highlights – June 26, 2014 Moved by Councillor Abel Seconded by Councillor Gallo THAT Agenda Item 11, York Regional Council Highlights – June 26, 2014, be deferred to the Council meeting of July 29, 2014. CARRIED Councillors Buck and Gaertner returned to the meeting at 11:01 p.m. 12. NEW BUSINESS/GENERAL INFORMATION Councillor Pirri inquired about access to the Aurora Votes 2014 information on the Town’s website. The Town Clerk indicated that he would ensure that this information is easily accessible on the main page of the website. Councillor Thompson inquired about publication of the names of the applicants for the Council vacancy. The Town Clerk confirmed that all of the names submitted to date are listed on the Town’s website. 13. READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the following by-law be deferred to the Council meeting of July 29, 2014: 5590-14 BEING A BY-LAW for the collection of solid waste and recyclable materials in the Town of Aurora. CARRIED Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the following by-laws be given first, second, and third readings and enacted: 5632-14 BEING A BY-LAW to amend By-law Number 2213-78, as amended, to prohibit the use of land or the erection or use of buildings or structures unless municipal services are available. 5642-14 BEING A BY-LAW to regulate various matters relating to the keeping, licensing and controlling of animals in the Town of Aurora. 5643-14 BEING A BY-LAW to establish a Joint Compliance Audit Committee for the 2014–2018 term of Council for The Corporation of the Town of Aurora. 5644-14 BEING A BY-LAW to establish lands as highways (Lewis Honey Drive). CARRIED Council Meeting Minutes Tuesday, July 15, 2014 Page 12 of 12 14. CLOSED SESSION Moved by Councillor Gallo Seconded by Councillor Abel THAT the confidential recommendations of the General Committee Closed Session of July 15, 2014 be adopted. CARRIED 13. READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following confirming by-law be given first, second, and third readings and enacted: 5646-14 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on July 15, 2014 CARRIED 15. ADJOURNMENT Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the meeting be adjourned at 11:04 p.m. CARRIED GEOFFREY DAWE, MAYOR STEPHEN M.A. HUYCKE, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF JULY 15, 2014 RECEIVED FINAL APPROVAL BY COUNCIL ON JULY 29, 2014.