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MINUTES - Council - 20140812 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, August 12, 2014 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Buck, Constable, Gaertner, Gallo, Pirri, and Thompson MEMBERS ABSENT Councillor Humfryes OTHER ATTENDEES Chief Administrative Officer, Director of Corporate and Financial Services/Treasurer, Director of Legal and Legislative Services/Town Solicitor, Director of Infrastructure and Environmental Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Manager of Customer Service, Town Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:13 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 Constable Seconded by Councillor Thompson THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED 3. ADOPTION OF THE MINUTES Special Council Meeting Minutes of July 29, 2014 Council Meeting Minutes of July 29, 2014 Moved by Councillor Abel Seconded by Councillor Thompson THAT the Special Council meeting minutes of July 29, 2014 and the Council meeting minutes of July 29, 2014 be adopted as printed and circulated. CARRIED 4. PRESENTATIONS None Council Meeting Minutes Tuesday, August 12, 2014 Page 2 of 10 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Abel extended a reminder regarding the Magna Hoedown to be held on September 12-13, 2014 and encouraged everyone to purchase tickets for this charity event. Mayor Dawe extended congratulations to Mohit Dang of By-law Services for receiving his Municipal Law Enforcement Officer Certified designation from the Board of Directors of the Municipal Law Enforcement Officers’ Association of Ontario. Mayor Dawe extended congratulations to Aurora’s medalists of the York Region 55+ Summer Games 2014: Nick Cary, Sandra Davis, Bill Davis, Myrna Rawlins, Annette Gagne, Joan Best, Don Zecchino, JoAnne Keates, Tom Keates, Lorna Nadeau, Bill Summers, and Nick Toulis. Mayor Dawe announced that the Town is looking for temporary election workers to assist with the municipal election on October 27, 2014, and further information is available on the Town’s website at www.aurora.ca/electionsemployment and at Town Hall. Mayor Dawe extended a reminder regarding the Doors Open Aurora event to be held on August 16, 2014 from 10 a.m. to 4 p.m. He noted that fifteen sites would be open to the public and further information is available on the Town’s website at www.aurora.ca/doorsopen2014 and at Town Hall. Mayor Dawe extended a reminder that Movies in the Park would continue on August 26, 2014 at Hickson Park featuring Man of Steel and on August 28, 2014 in Norm Weller Park featuring Spider-Man, beginning at dusk. He noted that other activities, from 6 p.m. to 8 p.m., would include a bouncy castle, craft making, and a chance to win a prize for wearing a super hero costume. Mayor Dawe extended a reminder regarding Aurora’s Ribfest to be held on September 5-7, 2014 including Glass Tiger on Friday night and Platinum Blonde on Saturday night. He noted that further information is available at www.aurora.ca/ribfest. Mayor Dawe announced that he had hosted an event on August 11, 2014 at Town Hall where the Aurora 2C Landowners Group presented a cheque in the amount of $750,000 to the Southlake Regional Health Centre Foundation. He noted that the funds would initially be directed toward the Foundation’s Images for Life campaign, and he expressed appreciation for the partnership and community involvement of the Aurora 2C Landowners Group. 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 were identified for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 12 and 13 were identified as items not requiring separate discussion. Moved by Councillor Thompson Seconded by Councillor Abel 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: 12. PR14-038 – Purchase Order Increase for Emerald Ash Borer (EAB) Treatment THAT report PR14-038 be received; and Council Meeting Minutes Tuesday, August 12, 2014 Page 3 of 10 THAT Council approve a Purchase Order increase in the amount of $38,556.00 for the additional Emerald Ash Borer (EAB) Treatment for Ash Trees in Parks. 13. Memorandum from Mayor Geoffrey Dawe Re: Lake Simcoe Region Conservation Authority Highlights – July 25, 2014 – Meeting of the Board THAT the memorandum regarding Lake Simcoe Region Conservation Authority, Highlights – July 25, 2014 – Meeting of the Board be received for information. CARRIED 8. DELEGATIONS (a) Michael Di Cesare, Resident Re: Old Bloomington Road Reconstruction Issues The delegation request was withdrawn. Moved by Councillor Buck Seconded by Councillor Gallo THAT the provisions of subsection 3.13 of the Procedural By-law be waived to allow Item 10(i)(a) “Notice of Motion, Councillor Buck; Re: Council Compensation Review” to be moved forward as a Motion for consideration at this meeting. DEFEATED (required two-thirds vote) 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. IES14-036 – Award of Tender IES2014-40 – Construction of the Aurora Snow Disposal Facility in Lambert Willson Park, Industrial Parkway North Moved by Councillor Thompson Seconded by Councillor Constable 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. Council Meeting Minutes Tuesday, August 12, 2014 Page 4 of 10 On a recorded vote the motion was DEFEATED. YEAS: 4 NAYS: 4 VOTING YEAS: Councillors Gaertner, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Abel, Buck, Constable, and Gallo ABSENT: Councillor Humfryes Moved by Councillor Pirri Seconded by Councillor Buck THAT report IES14-036 be received for information. CARRIED Moved by Councillor Abel Seconded by Councillor Gaertner THAT Items 5, 7, 9, and 10 be moved forward for consideration. CARRIED 5. IES14-042 – Joint Operations Centre – Award of Tender No. IES2014-49 Main motion Moved by Councillor Abel Seconded by Councillor Pirri THAT report IES14-042 be received; and THAT Tender IES2014-49 – Construction of the Joint Operations Centre, be awarded to Buttcon Limited in the amount of $17,004,000.00 which excludes optional items and taxes; and THAT Council provide direction on the following optional items: (a) Combined Drive in Shed/Heritage Storage Building (tender value: $241,000); (b) Covered Vehicle Storage Area (tender value: $179,000); and THAT the consulting fees for One Space Architects Unlimited pursuant to RFP IES2010-73 be increased by $134,650 to a revised amount of $954,084 excluding taxes; and THAT the Mayor and Town Clerk be authorized to execute the necessary agreement regarding the award of Tender IES2014-49, including any and all documents and ancillary agreements required to give effect to same. Motion to defer Moved by Councillor Gallo Seconded by Councillor Gaertner THAT Item 5 be deferred to the next Term of Council (2014-2018). On a recorded vote the motion to defer was DEFEATED. YEAS: 3 NAYS: 5 VOTING YEAS: Councillors Buck, Gaertner, and Gallo VOTING NAYS: Councillors Abel, Constable, Pirri, Thompson, and Mayor Dawe ABSENT: Councillor Humfryes Council Meeting Minutes Tuesday, August 12, 2014 Page 5 of 10 Amendment Moved by Councillor Thompson Seconded by Councillor Constable THAT the main motion be amended by deleting the following clause: “THAT Council provide direction on the following optional items: (a) Combined Drive in Shed/Heritage Storage Building (tender value: $241,000); (b) Covered Vehicle Storage Area (tender value: $179,000); and” CARRIED Main motion as amended Moved by Councillor Abel Seconded by Councillor Pirri THAT report IES14-042 be received; and THAT Tender IES2014-49 – Construction of the Joint Operations Centre, be awarded to Buttcon Limited in the amount of $17,004,000.00 which excludes optional items and taxes; and THAT the consulting fees for One Space Architects Unlimited pursuant to RFP IES2010-73 be increased by $134,650 to a revised amount of $954,084 excluding taxes; and THAT the Mayor and Town Clerk be authorized to execute the necessary agreement regarding the award of Tender IES2014-49, including any and all documents and ancillary agreements required to give effect to same. On a recorded vote the main motion as amended CARRIED. YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Abel, Constable, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Buck, Gaertner, and Gallo ABSENT: Councillor Humfryes 7. LLS14-031 – OMEX Supplementary Assessment Moved by Councillor Gaertner Seconded by Councillor Pirri THAT report LLS14-031 be received; and THAT the amount of $70,775, plus applicable taxes, be paid to the Ontario Municipal Insurance Exchange (“OMEX”), to satisfy the Town of Aurora’s obligation to OMEX for unfunded insurance liabilities associated with the 2003 and 2005 calendar years, to be funded from the Tax Rate Stabilization Reserve Fund; and THAT any future unused/surplus reserves received from OMEX shall be deposited to the Tax Rate Stabilization Reserve Fund, and a report provided to Council regarding any such surplus received. CARRIED Council Meeting Minutes Tuesday, August 12, 2014 Page 6 of 10 9. PL14-056 – Site Plan Amendment Application Sun Life Assurance Company of Canada 444-446 Hollandview Trail Part of Block 2 Plan 65M-2873, and Part Block 1 Plan 65M-3193 File: D11-04-14 Main motion Moved by Councillor Gaertner Seconded by Councillor Thompson THAT report PL14-056 be received; and THAT the Site Plan Amendment Application File: D11-04-14 be approved to permit the construction of a 132m2 (1,420ft2) patio on the subject lands; and THAT Council authorize the Director of Planning and Development Services to execute the Site Plan Agreement, including any and all documents and ancillary agreements required to give effect to same. Motion to refer Moved by Councillor Abel Seconded by Councillor Constable THAT Item 9 be referred to the General Committee meeting of September 2, 2014. CARRIED 10. PL14-057 – Application to Amend the Zoning By-law and Site Plan Approval Farid Ameryoun 118 Wellington Street East Lot 2, Registered Plan 107 Files: D14-19-08 and D11-03-14 Moved by Councillor Pirri Seconded by Councillor Abel THAT report PL14-057 be received; and THAT Application to Amend the Zoning By-law File: D14-19-08 (Ameryoun) be approved, to rezone the subject lands from Special Mixed Density Residential (R5) Zone to Special Mixed Density Residential (R5-40) Exception Zone to permit commercial uses within the existing structure, including site specific provisions for lot dimensions, step encroachments, building setbacks, buffering and parking; and THAT the implementing By-law Amendment be presented at a future Council meeting for enactment; and THAT Site Plan Application File D11-03-14 (Ameryoun) be approved to permit the development of the subject lands for the conversion of the existing building to commercial uses permitted by the Amending By-law; and THAT the Mayor and Town Clerk be authorized to execute the Site Plan Agreement, including any and all documents and ancillary agreements required to give effect to same. CARRIED Council Meeting Minutes Tuesday, August 12, 2014 Page 7 of 10 14. CLOSED SESSION Moved by Councillor Thompson Seconded by Councillor Abel THAT Council resolve into a General Committee Closed Session to consider: 1. A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: Report PR14-032 – Kwik Kopy Pedestrian Trail. 2. A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: Report CAO14-016 – Potential Purchase of 89 Mosley Street (Aurora Armoury). CARRIED Council recessed into a General Committee Closed Session at 9:37 p.m. and reconvened into open session at 10:35 p.m. Moved by Councillor Thompson Seconded by Councillor Pirri THAT the Council meeting be reconvened. CARRIED Moved by Councillor Thompson Seconded by Councillor Constable THAT the following confidential recommendations of the General Committee Closed Session of August 12, 2014 be adopted: 1. A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: Report PR14-032 – Kwik Kopy Pedestrian Trail. THAT confidential report PR14-032 be received; and THAT the confidential recommendations of General Committee on August 12, 2014 regarding a proposed acquisition of land by the Town in respect to the Kwik Kopy Pedestrian Trail be approved. 2. A proposed or pending acquisition or disposition of land by the Town or Local Board; Re: Report CAO14-016 – Potential Purchase of 89 Mosley Street (Aurora Armoury). THAT confidential report CAO14-016 be received; and THAT the confidential recommendations of General Committee on August 12, 2014 regarding a proposed acquisition of land by the Town in respect to 89 Mosley Street (Aurora Armoury) be approved. CARRIED 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. CAO14-015 – Website Redesign Overview Council Meeting Minutes Tuesday, August 12, 2014 Page 8 of 10 Moved by Councillor Thompson Seconded by Councillor Pirri THAT report CAO14-015 be received for information. Councillor Buck returned to the meeting at 10:40 p.m. CARRIED 3. CFS14-016 – 2013 Budget Report – as at December 31, 2013 Moved by Councillor Thompson Seconded by Councillor Constable THAT report CFS14-016 be received for information. CARRIED Moved by Councillor Pirri Seconded by Councillor Thompson THAT, in accordance with subsection 3.16(b) of the Procedural By-law, the hour be extended past 11 p.m. for fifteen (15) minutes. CARRIED (two-thirds vote) Moved by Councillor Pirri Seconded by Councillor Abel THAT the following items be deferred to the Council meeting of September 9, 2014: 4. CFS14-030 – Interim Operating Budget Forecast – as at May 31, 2014 6. LLS14-025 – Meeting Management Software – Update 8. LLS14-032 – Regulation of Electronic Cigarettes 11. PR14-037 – Trails and Parks Wayfinding Strategy CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Buck Re: Council Compensation Review WHEREAS a staff report on Members of Council salaries was presented to Council on July 15, 2014; and WHEREAS the report was received for information only; and WHEREAS Members of Council salaries have not been revised since the 2003 to 2006 Term of Council. NOW THEREFORE BE IT HEREBY RESOLVED THAT a Special Council meeting be held prior to September 12, 2014, the date and time of which will be determined by the Mayor, to review staff report CAO14-014, and any other questions pertaining to Members of Council salaries, benefits, and status as part- time Councillors for the 2014 to 2018 Term of Council. Council Meeting Minutes Tuesday, August 12, 2014 Page 9 of 10 (ii) Motions for Which Notice Has Been Given None 11. REGIONAL REPORT None 12. NEW BUSINESS/GENERAL INFORMATION None 13. READING OF BY-LAWS Moved by Councillor Buck Seconded by Councillor Pirri THAT the following by-law be given first, second, and third readings and enacted: 5656-14 BEING A BY-LAW to adopt Official Plan Amendment No. 6. CARRIED Moved by Councillor Buck Seconded by Councillor Pirri THAT the following by-law be given first, second, and third readings and enacted: 5657-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Pandolfo). CARRIED Moved by Councillor Buck Seconded by Councillor Pirri THAT the following by-law be given first, second, and third readings and enacted: 5658-14 BEING A BY-LAW to establish lands as highways (Lewis Honey Drive). CARRIED Moved by Councillor Buck Seconded by Councillor Gallo THAT the following confirming by-law be given first, second, and third readings and enacted: 5655-14 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on August 12, 2014 CARRIED 15. ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Thompson THAT the meeting be adjourned at 11:15 p.m. CARRIED Council Meeting Minutes Tuesday, August 12, 2014 Page 10 of 10 GEOFFREY DAWE, MAYOR STEPHEN M.A. HUYCKE, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF AUGUST 12, 2014 RECEIVED FINAL APPROVAL BY COUNCIL ON SEPTEMBER 9, 2014.