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MINUTES - Council - 20140923 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, September 23, 2014 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Buck, Constable, Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Building and By-law Services, Director of Corporate and Financial Services/Treasurer, Director of Legal and Legislative Services/Town Solicitor, Director of Infrastructure and Environmental Services, Director of Planning and Development Services, Manager, Parks, Town Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:15 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 Humfryes THAT the agenda as circulated by Legal and Legislative Services, with the following additions, be approved; and THAT the requirements of subsection 3.8(b) of the Procedural By-law be waived to permit a fourth delegation:  Delegation (c) Gary Templeton and/or Quinto Anibale, representing Pandolfo et al. Re: Item 1(4) – PL14-065 – Application for Draft Plan of Subdivision, Pandolfo et al., 14070 Yonge Street, File: D12-03-2A (Related Files: D09-03-12, D14-21-03)  Replacement agenda page 23 (Item 1 page 6) Re: Item 1 – General Committee Meeting Report of September 16, 2014 (correction of item numbering re Item 5 – PL14-066)  Delegation (d) Tom Vagenas, Resident Re: Item 1(4) – PL14-065 – Application for Draft Plan of Subdivision, Pandolfo et al., 14070 Yonge Street, File: D12-03-2A (Related Files: D09-03-12, D14-21-03) CARRIED (two-thirds vote) Council Meeting Minutes Tuesday, September 23, 2014 Page 2 of 15 3. ADOPTION OF THE MINUTES Council Meeting Minutes of September 9, 2014 Moved by Councillor Abel Seconded by Councillor Buck THAT the Council meeting minutes of September 9, 2014 be adopted as printed and circulated. CARRIED 4. PRESENTATIONS (a) Michelle Smith, Women’s Support Network of York Region Re: Overview of Services and Human Trafficking Program Ms. Smith, Executive Director, presented an overview of the background, new initiatives, and services provided by the Women’s Support Network of York Region, including a 24/7 Crisis Line, Counseling Program, Human Trafficking Program, and Public Education and Outreach Program. Moved by Councillor Buck Seconded by Councillor Pirri THAT the presentation of Michelle Smith, Women’s Support Network of York Region, regarding Overview of Services and Human Trafficking Program be received for information. CARRIED (b) Bessie Vlasis and Gwyneth Anderson, Bully Free Community Alliance Re: Bullying Awareness Week, November 17-21, 2014 and World Mental Health Day, October 10, 2014 Ms. Vlasis, co-founder with Ms. Anderson of Bully Free Community Alliance of York Region, provided background information and highlighted the activities of their not-for- profit organization which advocates for victims of bullying and their families, and provides a strong voice within the community, bringing awareness and education to the issue. Ms. Anderson requested that the Town of Aurora join them in their vision and proclaim and honour Friday, October 10, 2014 as World Mental Health Day and light up key landmarks in Aurora in purple, and the week of November 17-21, 2014 as Bullying Awareness Week. She stated that they would be honoured and dedicated to collaborate with the Town to make these important proposals happen. Moved by Councillor Humfryes Seconded by Councillor Thompson THAT the presentation of Bessie Vlasis and Gwyneth Anderson, Bully Free Community Alliance, regarding Bullying Awareness Week, November 17-21, 2014 and World Mental Health Day, October 10, 2014, be received for information. CARRIED 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes extended a reminder that the Aurora Farmers’ Market & Artisan Fair would continue every Saturday through October and once per month during winter at the Aurora Cultural Centre. Council Meeting Minutes Tuesday, September 23, 2014 Page 3 of 15 Councillor Thompson extended a reminder that the Aurora Public Library would be hosting an All-Candidates Meeting on October 5, 2014 at 2 p.m. in Town Hall. Councillor Buck noted that she had joined Mayor Dawe on the previous evening at Rotary Park to celebrate the completion of the work done by the Town’s Parks & Recreation Services department, which was funded by the Aurora Rotary Club. She expressed appreciation to the Rotary Club and all service clubs for their hard work in raising funds to make improvements to the community. Mayor Dawe announced that the Town has launched PingStreet, a mobile application that works on Android, Apple and Blackberry devices, and features an Elections application which provides Aurora electors with Elections information including voter eligibility status. Mayor Dawe announced that the Citizen Budget online survey was launched last week and gives residents an opportunity to provide feedback as the Town enters the 2015 Budget process. He noted that the survey can be accessed at www.aurora.ca/citizenbudget until November 30, 2014. Mayor Dawe stated that the Town is looking for volunteers for the Haunted Forest event on October 25, 2014 and those interested may contact Shelley Ware at the Town office. Mayor Dawe announced that the Town’s Temporary and Permanent Sign By-laws are under review and comments would be welcome at www.aurora.ca/signbylawreview. Mayor Dawe stated that the audited consolidated financial statements of the Town of Aurora for the year ended December 31, 2013 are now available at www.aurora.ca/financialstatements. Mayor Dawe announced that a contest to name the new youth room at the Aurora Family Leisure Complex is open to Aurora residents aged 12 to 17 years and entries must be submitted by September 28, 2014 at www.aurora.ca/aflcyouth. Mayor Dawe encouraged everyone to attend the Colours of Fall Concert on Thursday, October 9, 2014 at 6 p.m. to 8 p.m. in Town Park, including great activities and a tribute to Gordon Lightfoot. Mayor Dawe stated that he attended the opening of the Highway 404 extension, from Green Lane to Ravenshoe, on September 17, 2014, and he extended congratulations to Mayor Grossi on this extension into Georgina. Mayor Dawe extended congratulations to the Aurora Public Library, which has been invited to present their OneBookOneAurora campaign as a poster session at the Ontario Library Association’s 2015 Super Conference in January. Mayor Dawe announced that the Mayor’s 4th Annual Golf Tournament would take place on Thursday, September 25, 2014, and that more than $66,000 would be donated this year to charitable community groups in Aurora. He noted that more than $170,000 has been raised and contributed over the past four years and he extended appreciation to everyone who has participated in the event. Councillor Thompson announced that Culture Days would be celebrated this weekend and that the Aurora Public Library, Aurora Cultural Centre, and Aurora Farmers’ Market & Artisan Fair would be participating. Councillor Thompson stated that he echoed Councillor Buck’s comments regarding the Rotary Club event held on the previous day. He added that anyone wishing to support the efforts of the Rotary Club could purchase one of the stones in the Park and have it engraved, and that further details were available by contacting the Rotary Club. Councillor Humfryes noted that the winner of the youth room naming contest would receive an Aurora Youth Action Pack, loaded with great prizes including drop-in passes and a three-month membership to Club Aurora. Council Meeting Minutes Tuesday, September 23, 2014 Page 4 of 15 Councillor Gaertner noted that Culture Days would be celebrated on September 27, 2014 at the Aurora Public Library from 2 p.m. to 4 p.m., and at the Aurora Cultural Centre from 12 to 2 p.m., including a celebration of Persian culture with music and dance. Councillor Abel announced that a Community Appreciation Barbecue would be held on the grounds of the Aurora United Church from 2 p.m. to 5 p.m. on Saturday, September 27, 2014. 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (sub-items 1, 4, 5, 10, 13, 14, and 19) 2, 3, and 4 were identified for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-items 1, 4, 5, 10, 13, 14, and 19) and 5 were identified as items not requiring separate discussion. Moved by Councillor Pirri 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: 1. General Committee Meeting Report of September 16, 2014 THAT the General Committee meeting report of September 16, 2014 be received and the recommendations carried by the Committee be approved with the exception of sub-items 1, 4, 5, 10, 13, 14, and 19. 5. Central York Fire Services – Joint Council Committee Meeting Minutes of July 15, 2014 THAT the Central York Fire Services – Joint Council Committee meeting minutes of July 15, 2014 be received for information. CARRIED 8. DELEGATIONS (a) Rob Baldwin, Lake Simcoe Region Conservation Authority (LSRCA) Re: Item 1(19) – HAC14-10 – Heritage Advisory Committee Report of September 15, 2014, Re: HAC14-026 – Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest; and Notice of Demolition of a Structure on a Listed Heritage Property, 45 Tyler Street (Charlieville Developments Limited) Mr. Baldwin, Director of Planning & Development Services at LSRCA, provided information and clarity respecting the permit issued by LSRCA under Ontario Regulation 179/06 for the demolition at 45 Tyler Street. He noted that any property with an adjacent floodplain or floodways undergoes a very thorough review, and engineering reports have been submitted and reviewed. Mr. Baldwin stated that they wish to reduce potential risks and shrink the floodplain where possible through redevelopment or activities such as this, and there remained work to undertake as the process develops, now in its early stages, which would be even more thoroughly vetted as they move to greater-detailed designs and aspects in future. Council Meeting Minutes Tuesday, September 23, 2014 Page 5 of 15 Moved by Councillor Buck Seconded by Councillor Pirri THAT the comments of the delegation be received. CARRIED (b) Laszlo Dora, Kaitlin Corporation Re: Item 4 – Memorandum from Manager, Bylaw Services Re: Correspondence received from Laszlo Dora, Kaitlin Corporation; Re: Centro Condo, 15277 Yonge Street, Noise Exemption Request Mr. Laszlo was not present at the meeting when called to delegate. Moved by Councillor Abel Seconded by Councillor Pirri THAT the speaking order be changed to allow Delegation (d) to be heard prior to Delegation (c). CARRIED (d) Tom Vagenas, Resident Re: Item 1(4) – PL14-065 – Application for Draft Plan of Subdivision Pandolfo et al., 14070 Yonge Street, File: D12-03-2A (Related Files: D09- 03-12, D14-21-03) (Added Item) Mr. Vagenas expressed concern regarding the options for Ridge Road access and requested that the details of construction of those accesses be discussed with the residents prior to being adopted and implemented. He expressed further concerns regarding drainage and stormwater runoff, density transfer blocks, cutting through the woods at Championship Circle, the grading of Ridge Road access through the proposed development, and the entranceway. Mr. Vagenas inquired whether access into the Pandolfo subdivision from adjoining Yonge street properties between Ridge Road and Pandolfo could be considered now to avoid a future situation for them should those properties be developed. Moved by Councillor Constable Seconded by Councillor Humfryes THAT the comments of the delegation be received and referred to Item 1(4). CARRIED (c) Gary Templeton and/or Quinto Anibale, representing Pandolfo et al. Re: Item 1(4) – PL14-065 – Application for Draft Plan of Subdivision Pandolfo et al., 14070 Yonge Street, File: D12-03-2A (Related Files: D09- 03-12, D14-21-03) (Added Item) Mr. Anibale, solicitor for the property owners of 14070 Yonge Street, addressed both the letter from Mr. Vagenas and the comments of the Open Forum and Delegation speakers. He spoke to the points of insufficient time for consideration of the matter, safety of the proposed entrance from the Pandolfo site onto Ridge Road, drainage onto Ridge Road, existing Ridge Road access onto Yonge Street, smaller lot size in the new development, forest cutting on Championship Circle, the proposed discussion regarding the road closure, and the restricted open space blocks. Mr. Anibale concluded by stating that all issues have been addressed by the developer, all feasibility studies have been peer-reviewed, and all recommendations have been implemented. He urged Council to adopt the recommendations of staff. Council Meeting Minutes Tuesday, September 23, 2014 Page 6 of 15 Moved by Councillor Humfryes Seconded by Councillor Pirri THAT the comments of the delegation be received and referred to Item 1(4). CARRIED 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Humfryes Seconded by Councillor Gaertner THAT Item 1(19) be added to the list of items requiring separate discussion. CARRIED (two-thirds vote) Moved by Councillor Pirri Seconded by Councillor Humfryes THAT Item 1(4) be moved forward for consideration. CARRIED 1. General Committee Meeting Report of September 16, 2014 (4) PL14-065 – Application for Draft Plan of Subdivision Pandolfo et al. 14070 Yonge Street File: D12-03-2A (Related Files: D09-03-12, D14-21-03) Moved by Councillor Pirri Seconded by Councillor Abel THAT report PL14-065 be received; and THAT application for Draft Plan of Subdivision D12-03-2A (Pandolfo et al.) be approved, subject to the conditions outlined in Schedule A of this report; and THAT a total of 29 units (91 persons equivalent) of water and sewage capacity be allocated to the Draft Plan of Subdivision; and THAT the Mayor and Town Clerk be authorized to execute a Subdivision Agreement, including any and all documents and all of the Agreements reference in the Conditions of Approval, including any ancillary agreements required to give effect to same. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Buck, Constable, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Gaertner 1. General Committee Meeting Report of September 16, 2014 (1) PL14-054 – Proposed Plan of Subdivision, File: D12-01-14 Zoning By-law Amendment, File: D14-01-14 2351528 Ontario Limited and Aurora-Leslie Development Limited (Addison Hall Business Park) 15775 & 15625 Leslie Street Part of Lots 23 and 24, Concession 3 Council Meeting Minutes Tuesday, September 23, 2014 Page 7 of 15 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT report PL14-054 be received; and THAT application for Draft Plan of Subdivision D12-01-14 be approved, subject to the conditions outlined in Schedule ‘A’ of this report; and THAT Application to Amend the Zoning By-law File: D14-01-14 be approved, to rezone the subject lands from “Rural “RU” Zone” to “BP” – Business Park Exception Zone, “EP” – Environmental Protection” and “O” – Major Open Space Exception Zone; and THAT by-laws to adopt the implementing zoning be presented at the Council meeting for enactment; and THAT the Urban and Architectural Design Guidelines for the subject lands, prepared by The Planning Partnership, dated March 2014, be approved; and THAT the Mayor and Town Clerk be authorized to execute a Subdivision Agreement, including any and all documents and all of the Agreements referenced in the Conditions of Approval, including any ancillary agreements required to give effect to same. CARRIED 1. General Committee Meeting Report of September 16, 2014 (5) PL14-066 – Application to Amend the Zoning By-law and Site Plan Approval Stirling Cook Aurora Inc. 74 Old Bloomington Road York Region Vacant Land Condominium Plan No. 1159, Unit 22 Files: D14-04-13 and D11-06-14 (SP-2014-06) Moved by Councillor Abel Seconded by Councillor Pirri THAT report PL14-066 be received; and THAT Application to Amend the Zoning By-law File: D14-04-13 (Stirling Cook) be approved, to rezone the subject lands from Detached Dwelling First Density Residential (R1-43) Exception Zone to Row Dwelling Residential (R6-64) Exception Zone to permit six (6) row housing units including site specific provisions; and THAT the implementing By-law Amendment be presented at the Council meeting for enactment; and THAT a total of five (5) additional units of water and sewage capacity be allocated to the subject lands; and THAT Site Plan Application File D11-06-14 (Stirling Cook) be approved to permit the development of the subject lands for six (6) row housing units 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. Council Meeting Minutes Tuesday, September 23, 2014 Page 8 of 15 On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Constable, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Buck, Gaertner, Gallo, and Humfryes Moved by Councillor Abel Seconded by Councillor Constable THAT Item 1(19) be moved forward for consideration. CARRIED 1. General Committee Meeting Report of September 16, 2014 (19) HAC14-10 – Heritage Advisory Committee Report of September 15, 2014 Moved by Councillor Abel Seconded by Councillor Pirri THAT report HAC14-10 be received; and THAT Council adopt the following recommendation, as amended by General Committee, from the Heritage Advisory Committee meeting of September 15, 2014: 1. HAC14-026 – Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest; and Notice of Demolition of a Structure on a Listed Heritage Property, 45 Tyler Street (Charlieville Developments Limited) THAT the Notice of Intention to demolish all structures on the property located at 45 Tyler Street be received; and THAT Council support the demolition of the structures as they are not of cultural heritage value or interest worthy of designation under Ontario Regulation 9/06; and THAT the property located at 45 Tyler Street be removed from the Aurora Register of Properties of Cultural Heritage Value or Interest; and THAT a condition be included as part of the application to demolish the structure on the listed property to require that a financial contribution be made by the owner to the Town of Aurora Heritage Reserve Fund. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Buck, Constable, Gaertner, Gallo, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Humfryes 1. General Committee Meeting Report of September 16, 2014 (10) Memorandum from Director of Infrastructure & Environmental Services Re: Joint Operations Centre Financial Monitoring Task Force Update Council Meeting Minutes Tuesday, September 23, 2014 Page 9 of 15 Main motion Moved by Councillor Thompson Seconded by Councillor Pirri THAT the memorandum regarding Joint Operations Centre Financial Monitoring Task Force Update be received for information. Amendment Moved by Councillor Thompson Seconded by Councillor Abel THAT the following clause be added to the main motion: “THAT the Task Force be instituted and the composition of the Task Force include the Mayor and Deputy Mayor.” CARRIED Main motion as amended Moved by Councillor Thompson Seconded by Councillor Pirri THAT the memorandum regarding Joint Operations Centre Financial Monitoring Task Force Update be received; and THAT the Task Force be instituted and the composition of the Task Force include the Mayor and Deputy Mayor. CARRIED 1. General Committee Meeting Report of September 16, 2014 (13) CAO14-019 – Citizen Advisory Committee Live-Streaming Feasibility Moved by Councillor Humfryes Seconded by Councillor Thompson THAT report CAO14-019 be received; and THAT this report satisfy Council’s conditional budget approval; and THAT staff be authorized to proceed with capital project #12029 “Streaming Sub-Committees Live Via Internet”. CARRIED 1. General Committee Meeting Report of September 16, 2014 (14) PR14-042 – Indoor Tennis Facility – Rigid Structure Main motion Moved by Councillor Gallo Seconded by Councillor Constable THAT report PR14-042 be received for information. Motion to reconsider Moved by Councillor Pirri Seconded by Councillor Constable THAT the requirements of section 8.14 of the Procedural By-law be waived to allow reconsideration of this matter and the decision of Council on April 8, 2014. DEFEATED (required two-thirds vote) The main motion CARRIED. Council Meeting Minutes Tuesday, September 23, 2014 Page 10 of 15 2. PL14-067 – Site Plan Approval Application TACC Developments (Aurora) Inc. 1335 St. John’s Sideroad East Part Lot 25, Concession 2 File: D11-11-13 Moved by Councillor Gallo Seconded by Councillor Pirri THAT report PL14-067 be received; and THAT Site Plan Application File D11-11-13 be approved to permit the development of the subject lands for a stand-alone commercial building and two multi-tenant commercial buildings; 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 3. Memorandum from Director of Planning & Development Services Re: Additional Information, Item #19 – September 16, 2014 General Committee Meeting, HAC Report HAC14-026 – Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest; and Notice of Demolition of a Structure on a Listed Heritage Property, 45 Tyler Street (Charlieville Developments Limited) Moved by Councillor Humfryes Seconded by Councillor Pirri THAT the memorandum regarding Additional Information, Item #19 – September 16, 2014 General Committee Meeting, HAC Report HAC14-026 – Request to Remove a Property from the Aurora Register of Properties of Cultural Heritage Value or Interest; and Notice of Demolition of a Structure on a Listed Heritage Property, 45 Tyler Street (Charlieville Developments Limited) be received for information. CARRIED 4. Memorandum from Manager, Bylaw Services Re: Correspondence received from Laszlo Dora, Kaitlin Corporation Re: Centro Condo, 15277 Yonge Street, Noise Exemption Request Main motion Moved by Councillor Thompson Seconded by Councillor Gaertner THAT the memorandum regarding correspondence received from Laszlo Dora, Kaitlin Corporation respecting Centro Condo, 15277 Yonge Street, Noise Exemption Request be received; and THAT Council reject the application for a noise exemption. Moved by Councillor Pirri Seconded by Councillor Gaertner THAT, in accordance with subsection 3.16(a) of the Procedural By-law, the hour be extended past 10:30 p.m. CARRIED Council Meeting Minutes Tuesday, September 23, 2014 Page 11 of 15 Amendment Moved by Councillor Pirri Seconded by Councillor Constable THAT the second clause of the main motion be deleted and replaced with the following clause: “THAT Council delegate authority to the Director of Building and By-law Services respecting the noise exemption request from Laszlo Dora, Kaitlin Corporation for Centro Condo, 15277 Yonge Street.” CARRIED Main motion as amended Moved by Councillor Thompson Seconded by Councillor Gaertner THAT the memorandum regarding correspondence received from Laszlo Dora, Kaitlin Corporation respecting Centro Condo, 15277 Yonge Street, Noise Exemption Request be received; and THAT Council delegate authority to the Director of Building and By-law Services respecting the noise exemption request from Laszlo Dora, Kaitlin Corporation for Centro Condo, 15277 Yonge Street. CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Constable Re: Motion to Amend Provincial Legislation Governing Vacancies on Council This item was considered under subsection (ii) Motions for Which Notice Has Been Given as Motion (b). (ii) Motions for Which Notice Has Been Given (a) Councillor Pirri Re: Municipal Support for Free, Fair and Reciprocal Trade Between Canada and the United States Moved by Councillor Pirri Seconded by Councillor Abel WHEREAS cities and communities across Canada support free and fair trade between Canada and the United States; and WHEREAS bilateral trade between Canada and the United States amounts to over $600 billion per year in economic activity, significantly contributing to Canada’s long-term economic competitiveness; and WHEREAS many of the most important supply chains and industry linkages that fuel our respective economies are inexorably linked; and WHEREAS provisions, such as ‘Buy American’ requirements, which serve to inhibit this important economic partnership directly affects the economic prosperity of our country, our businesses and our communities; and WHEREAS organizations like Canadian Manufacturers & Exporters estimate that thousands of manufacturing jobs are continuously at risk from continued ‘Buy American’ provisions being proposed across the United States; and Council Meeting Minutes Tuesday, September 23, 2014 Page 12 of 15 WHEREAS Canadian cities and communities are committed to open and fair trade with American governments and businesses; and WHEREAS recent agreements between Canada and the United States have recognized the critical economic linkages between our two countries, fostering secure, predictable trade and investment environments. NOW THEREFORE BE IT HEREBY RESOLVED THAT municipalities express support for free, fair and reciprocal trade between the United States and Canada and that any restrictive ‘Buy American’ provisions in U.S. legislation are contrary to that spirit of free trade; and BE IT FURTHER RESOLVED THAT the Town of Aurora calls on the Federation of Canadian Municipalities (FCM) to support and work with the Government of Canada and the Canadian Manufacturers & Exporters and other stakeholders in their efforts to urge the United States Congress and state governments to abstain from the use of ‘Buy American’ provisions; and BE IT FURTHER RESOLVED THAT FCM be requested to write to the U.S. National League of Cities and the U.S. Conference of Mayors to also support the spirit of this resolution and the spirit of free trade, so that businesses and industries on both sides of the border can compete for contracts in the fairest and most efficient manner; and BE IT FURTHER RESOLVED THAT the Mayor be requested to write a letter and forward this resolution to the Prime Minister, the leaders of the federal parties, Aurora’s MP’s and MPP’s for information; and BE IT FURTHER RESOLVED THAT this resolution be forwarded to FCM and the Association of Municipalities of Ontario (AMO) for circulation to all municipalities for support, and the Canadian Manufacturers & Exporters for information. CARRIED Moved by Councillor Constable Seconded by Councillor Humfryes THAT the requirements of section 3.13 of the Procedural By-law be waived to allow Item 10 “(i) Notice of Motion (a) Motion to Amend Provincial Legislation Governing Vacancies on Council” to be moved forward for consideration. CARRIED (two-thirds vote) (b) Councillor Constable Re: Motion to Amend Provincial Legislation Governing Vacancies on Council Moved by Councillor Constable Seconded by Councillor Thompson WHEREAS Town of Aurora Council recently completed its legal requirement to fill a Council vacancy by appointment; and WHEREAS the process involved to fulfil this requirement is extremely time- consuming; and WHEREAS subsection 263(5) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, only permits Council to keep a seat vacant when the vacancy occurs within 90 days of a regular municipal election; and WHEREAS the four (4) year municipal election cycle falls in or around the last Monday in October; and Council Meeting Minutes Tuesday, September 23, 2014 Page 13 of 15 WHEREAS the “within 90 days” occurrence places the vacancy-filling process in the middle of summer (end of July) while councils in Ontario generally observe various forms of summer recess; and WHEREAS significant time and effort is required by municipal staff to indoctrinate and orientate new councillors for a short, relatively inactive duration. NOW THEREFORE BE IT HEREBY RESOLVED THAT the Provincial Government be requested to amend subsection 263(5) of the Municipal Act to permit municipal councils to keep a seat vacant for up to 120 days from when a vacancy occurs before a regular municipal election. CARRIED 11. REGIONAL REPORT York Regional Council Highlights – September 11, 2014 Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the Regional Report of September 11, 2014 be received for information. CARRIED 12. NEW BUSINESS/GENERAL INFORMATION Councillor Buck proposed to move a resolution directing staff to contact the successful proponent in the competition to provide an all-season tennis facility to determine their willingness to enter into an agreement with the Town to provide the services as outlined in their proposal. Staff indicated that this motion would be reconsideration of Council’s earlier decision on Item 1(14) – PR14-042 – Indoor Tennis Facility – Rigid Structure, which would result in reconsideration of reconsideration. The Mayor ruled that the proposed resolution would be out of order. The ruling of the Mayor was challenged by Councillor Pirri. On a vote by Council, the Chair’s ruling was sustained. Councillor Gallo requested an update on the Leslie Street lands. The Chief Administrative Officer confirmed that the lands are not listed on MLS (Multiple Listing Service) and that signage is posted. He noted that Council could consider whether to actively market the properties with the assistance of a real estate agent, but the current plan is to move forward with the Town acting as its broker for the lands. Councillor Humfryes referred to Presentation (a) and the proclamation requests regarding Bullying Awareness Week during November 17-21, 2014 and World Mental Health Day on October 10, 2014, and recommended that the Town support these initiatives. Mayor Dawe indicated that the Mayor’s Office would take care of this request. Moved by Councillor Thompson Seconded by Councillor Humfryes THAT, in accordance with subsection 3.16(b) of the Procedural By-law, the hour be extended past 11 p.m. for five (5) minutes. CARRIED (two-thirds vote) Council Meeting Minutes Tuesday, September 23, 2014 Page 14 of 15 13. READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Humfryes THAT the following by-law be given first, second, and third readings and enacted: 5661-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (74 Old Bloomington Road). On a recorded vote the motion CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Constable, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Buck, Gaertner, Gallo, and Humfryes Moved by Councillor Abel Seconded by Councillor Pirri THAT the following by-laws be given first, second, and third readings and enacted: 5662-14 BEING A BY-LAW to exempt Block 96 on Plan 65M-4407 from Part-Lot Control (Mattamy (Aurora) Limited). 5663-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended, to remove a Holding “(H)” Symbol (Mattamy (Aurora) Limited). 5664-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended, to remove a Holding “(H)” Symbol (TACC Developments Aurora Inc.). 5665-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended, to remove a Holding “(H)” Symbol (St. John’s Road Development Corp.). 5666-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended, to remove a Holding “(H)” Symbol (Brookfield Homes (Ontario) Limited and Brookfield Homes (Ontario) Aurora Limited). 5667-14 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended, to remove a Holding “(H)” Symbol (Shimvest Investments Limited). 5668-14 BEING A BY-LAW to repeal By-law Number 5033-08.P, regarding the prohibition of the application of cosmetic pesticides in the Town of Aurora. CARRIED Moved by Councillor Pirri Seconded by Councillor Constable THAT the following confirming by-law be given first, second, and third readings and enacted: 5669-14 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on September 23, 2014 CARRIED Council Meeting Minutes Tuesday, September 23, 2014 Page 15 of 15 14. CLOSED SESSION None 15. ADJOURNMENT Moved by Councillor Pirri Seconded by Councillor Abel 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 SEPTEMBER 23, 2014 ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON NOVEMBER 25, 2014.