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MINUTES - Council - 20151027 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, October 27, 2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Gaertner, Kim (arrived 7:05 p.m.), Mrakas, Pirri, Thom, and Thompson MEMBERS ABSENT Councillor Humfryes OTHER ATTENDEES Director of Building and By-law Services, 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, Town Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:01 p.m. Council consented to recess at 7:49 p.m. to resolve into a Closed Session meeting and reconvened into open session at 10:38 p.m. 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 Pirri Seconded by Councillor Thom THAT the agenda as circulated by Legal and Legislative Services, with the following addition, be approved: Council Meeting Minutes Tuesday, October 27, 2015 Page 2 of 15  Closed Session Item 7 – The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose (section 239(2)(f) of the Municipal Act, 2001); Re: Verbal Update to Highland Gate Development Application CARRIED 3. ADOPTION OF THE MINUTES Council Meeting Minutes of October 13, 2015 Moved by Councillor Thom Seconded by Councillor Mrakas THAT the Council meeting minutes of October 13, 2015, be adopted as printed and circulated. CARRIED 4. PRESENTATIONS None 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Abel advised that he attended the Clean Air Council meeting where Christina Nagy-Oh, Program Manager, Environmental Initiatives made a presentation regarding the Town’s Capital Assets program. He noted that the Town was recognized for its clean air initiatives. Councillor Thom extended congratulations to newly elected Aurora MPs Kyle Peterson and Leona Alleslev. He also recognized former MP Lois Brown for her years of service. Mayor Dawe, on behalf of Councillor Humfryes, mentioned that October 28 and 29, 2015, is the last weekend of the outdoor Aurora Farmers’ Market and Artisan Fair. He indicated that the indoor Farmers’ Market would be held on November 14, 2015, and December 12, 2015 in the Old Aurora Armoury. Mayor Dawe stated that the School Safety Sign program was launched recently and that signs are available at Town Hall. Mayor Dawe noted that the Town is currently seeking feedback on youth play-based activities and encouraged youth to complete the survey on the Town‘s website by Monday, November 6, 2015. Council Meeting Minutes Tuesday, October 27, 2015 Page 3 of 15 Mayor Dawe advised that the Aurora Cultural Centre is holding a one-day exhibition on November 8, 2015, featuring Mexican Day of the Dead photos by artist Linda Welch. He noted that there will be an evening art talk from 6:00 to 7:30 p.m. Mayor Dawe encouraged residents to complete the Citizen Budget online survey at www.aurora.ca/citizenbudget, before October 30, 2015, and qualify to win a $250 Cineplex Gift Card. Mayor Dawe advised that Town of Aurora’s annual Spirit Walk will depart from the west entrance of Town Park at 8 p.m. on October 30 and October 31, 2015. He noted that there is a fee of $15 per person, and all proceeds will go to Rise and Shine Breakfast. Mayor Dawe noted that he and some Members of Council participated in Aurora’s Cultural Heart Walking Tour of the Cultural Precinct at Town Park on Sunday, October 25, 2015. 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (sub-item 2), 3 and 6 were identified as items for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-item 2), 2, 4, and 5 were identified as items not requiring separate discussion. Moved by Councillor Gaertner Seconded by Councillor Mrakas 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 October 20, 2015 THAT the General Committee meeting report of October 20, 2015, be received and the following recommendations carried by the Committee be approved: (1) Memorandum from Director of Parks and Recreation Services Re: Tree Protection By-law THAT the memorandum regarding Tree Protection By-law be received for information. Council Meeting Minutes Tuesday, October 27, 2015 Page 4 of 15 (3) CFS15-039 – 2016 Fees and Charges Update THAT Report No. CFS15-039 be received; and THAT the 2016 Fees and Charges for applications, permits, use of Town property, the sale of Town publications and for the prescribed service charges for administrative matters as itemized on the attached schedules be approved: Schedule A – General Fees and Charges Schedule B – Building and Bylaw Services Schedule C – Legal and Legislative Services Schedule D – Planning and Development Schedule E – Infrastructure and Environmental Services Schedule F – Corporate and Financial Services Schedule G – Parks and Recreation Services; and THAT the necessary bylaw be enacted at the November 24, 2015 Council meeting in accordance with the Town’s Notice Provision Policy. (4) IES15-058 – Facility Projects Status Report THAT Report No. IES15-058 be received for information. (5) IES15-059 – Aurora Family Leisure Complex (AFLC) Additional Modification Requests Note: This item was withdrawn at the October 20, 2015 General Committee meeting with the approval of the Agenda. (6) PR15-032 – Aurora Sports Hall of Fame Relocation THAT Report No. PR15-032 be received; and THAT the relocation of the Sports Hall of Fame to the Stronach Aurora Recreation Complex (SARC) be approved; and THAT Capital Project No. 74011 in the amount of $7,500.00 be approved as an addition to the 2016 Capital Budget, with funding to be provided from the Growth & New Capital Reserve Fund; and THAT staff report back with options for signage, to be located along municipal, regional and provincial roadways, to highlight the location of the Sports Hall of Fame, Stronach Aurora Recreation Complex and the Aurora Cultural Centre. Council Meeting Minutes Tuesday, October 27, 2015 Page 5 of 15 (7) PL15-077 – Application for Zoning By-law Amendment, Brookfield Homes Ontario) Aurora Limited, 15776 Leslie Street (2C Planning Area), File Number: ZBA-2015-01 THAT Report No. PL15-077 be received; and THAT Application to Amend the Zoning By-law File: ZBA-2015-01 (Brookfield Homes (Ontario) Aurora Limited) be approved, to zone the subject lands from “Row Dwelling Residential (R6-62) Exception Zone” to “Detached Dwelling Second Density Residential (R2-104) Exception Zone”; and THAT the implementing Zoning By-law Amendment be presented at a future Council meeting for enactment. (8) Heritage Advisory Committee Meeting Minutes of October 5, 2015 THAT the Heritage Advisory Committee meeting minutes of October 5, 2015, be received; and THAT the Heritage Advisory Committee recommend to Council: 1. HAC15-012 – Proposed Demolition of Existing Second Storey and Accessory Garage to a Listed Heritage Building, 36 Larmont Street THAT the demolition of the existing second storey at 36 Larmont Street be approved; and THAT the demolition of the existing detached garage be approved; and THAT staff work with the applicant to ensure that the massing of the second storey and design of the reconstruction is appropriate; and THAT the final proposed design for 36 Larmont Street be brought back to the Heritage Advisory Committee. (9) Accessibility Advisory Committee Meeting Minutes of October 7, 2015 THAT the Accessibility Advisory Committee meeting minutes of October 7, 2015, be received for information. (10) Memorandum from Director of Parks and Recreation Services Re: Item 1 – Memorandum from Director of Parks and Recreation Services; Re: Tree Protection By-law Council Meeting Minutes Tuesday, October 27, 2015 Page 6 of 15 THAT the memorandum regarding Item 1 – Memorandum from Director of Parks and Recreation Services Re: Tree Protection By-law be received for information. 2. Special General Committee – 2016 Budget Review Meeting Minutes of September 28, 2015, and October 5, 2015 THAT the Special General Committee – 2016 Budget Review Meeting Minutes of September 28, 2015, and October 5, 2015, be received for information. 4. Memorandum from Director of Planning & Development Services Re: By-law No. 5764-15 - Administrative Zoning Amendment to the 2C West Zoning By-law No. 5526-13, Shimvest Investments Limited File No. ZBA-2012-02 THAT the memorandum regarding By-law No. 5764-15 - Administrative Zoning Amendment to the 2C West Zoning By-law No. 5526-13, Shimvest Investments Limited, File No. ZBA-2012-02, be received for information. 5. Memorandum from Director of Parks & Recreation Services Re: General Committee Item 1 – Memorandum from Director of Parks and Recreation Services; Re: Tree Protection By-law THAT the memorandum regarding General Committee Item 1 – Memorandum from Director of Parks and Recreation Services; Re: Tree Protection By-law be received; and THAT General Committee Item 1 – Memorandum from Director of Parks and Recreation Services; Re: Tree Protection By-law be deferred to the November 17, 2015 General Committee meeting; and THAT staff make a presentation at the November 17, 2015 General Committee meeting with regards to the origins, background, and proposed amendments to the Tree Permit By-law. CARRIED 8. DELEGATIONS (a) Bob McRoberts, Resident Re: Item 1(6) – PR15-032 – Aurora Sports Hall of Fame Relocation Mr. McRoberts, on behalf of the Board of Directors of the Aurora Sports Hall of Fame, thanked Council for their support of Item 1(6) – PR15-032 – Aurora Sports Hall of Fame Relocation. He stated that the relocation may be beneficial as it would allow more space for artifacts, better visibility and accessibility for the Sports Hall of Fame, and could assist the Hall in becoming a tourist destination. Council Meeting Minutes Tuesday, October 27, 2015 Page 7 of 15 Mr. McRoberts noted that the 2015 Sports Hall of Fame Induction Dinner would be held on Wednesday, November 4, 2015, at St. Andrew’s College. Moved by Councillor Pirri Seconded By Councillor Thom THAT the comments of Mr. Bob McRoberts be received and referred to Item 1(6). CARRIED 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of September 20, 2015 (2) BBS15-011 – Proposed Sign By-law Main motion Moved by Councillor Mrakas Seconded by Councillor Pirri THAT Report No. BBS15-011 be received; and THAT the proposed Sign By-law be referred to the Economic Development Advisory Committee and the Chamber of Commerce and be posted on the Town’s website for review and final comment; and THAT staff investigate options for the proposed Sign By-law respecting signage located in the Aurora Promenade corridor and Heritage areas, which recognize the heritage attributes and features of buildings located in those areas; and THAT staff report back with a final proposed Sign By-law for enactment at a future Council meeting. Amendment Moved by Councillor Pirri Seconded by Councillor Thom THAT the main motion be amended by adding the following clause: “THAT staff consider the comments of Council in respect to permitting one election sign, per candidate, per frontage on private property.” CARRIED Main motion as amended Moved by Councillor Mrakas Seconded by Councillor Pirri THAT Report No. BBS15-011 be received; and Council Meeting Minutes Tuesday, October 27, 2015 Page 8 of 15 THAT the proposed Sign By-law be referred to the Economic Development Advisory Committee and the Chamber of Commerce and be posted on the Town’s website for review and final comment; and THAT staff investigate options for the proposed Sign By-law respecting signage located in the Aurora Promenade corridor and Heritage areas, which recognize the heritage attributes and features of buildings located in those areas; and THAT staff consider the comments of Council in respect to permitting one election sign, per candidate, per frontage on private property; and THAT staff report back with a final proposed Sign By-law for enactment at a future Council meeting. CARRIED AS AMENDED 3. CFS15-043 – 2016 Final Capital Budget Report Moved by Councillor Abel Seconded by Councillor Thom THAT Report No. CFS15-043 be received; and THAT the final draft of the 2015 Asset Management Plan be approved; and THAT the 2015 Ten Year Capital Investment Plan be received; and THAT the 2016 Capital Budget for Repair and Replacement of existing infrastructure totalling $8,298,275 as listed in Attachment 3, be approved; and THAT the 2016 Capital Budget for Growth and New Capital totalling $3,726,600 as listed in Attachment 4, be approved; and THAT the 2016 Capital Budget for Studies and Other Projects totalling $350,000 as listed in Attachment 5, be approved; and THAT the funding sources for each capital project included in this report be approved as those reviewed and recommended by Special General Committee – Budget on October 5, 2015. CARRIED 6. Memorandum from Director of Legal & Legislative Services/Town Solicitor Re: Reconsideration of Council’s July 28, 2015 Decision Pertaining to the Potential Acquisition of Land for a New Central York Fire Services Facility Council Meeting Minutes Tuesday, October 27, 2015 Page 9 of 15 Moved by Councillor Thompson Seconded by Councillor Pirri THAT the memorandum regarding Reconsideration of Council’s July 28, 2015 Decision Pertaining to the Potential Acquisition of Land for a New Central York Fire Services Facility be received; and THAT in accordance with section 8.14 of Procedural By-law Number 5330-11, as amended, Council reconsider the following resolutions adopted at the Council meeting of July 28, 2015: “THAT the confidential recommendations in respect to a proposed or pending acquisition or disposition of land by the Town or Local Board; Re: Memorandum from Director of Legal & Legislative Services/Town Solicitor; Re: Potential Acquisition of Land for a New Central York Fire Services Facility be approved and staff be authorized to proceed as directed by Council on July 28, 2015, in Closed Session.” CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Kim Re: Procurement Policy WHEREAS the Town of Aurora has a detailed procurement protocol to encourage competition among Bidders, Proponents, and Contractors and that they are accountable to the Town and the public; and to provide the highest level of government service at the least possible cost; and to ensure openness, accountability and transparency while protecting the financial best interests of the Town; and to obtain the best value for the Town when procuring Goods, Services, and Construction; and WHEREAS the Town of Aurora’s procurement policies allow for single source purchases under various conditions that offer the Town the best services for the least possible cost including when a contract is awarded under a Co-operative Purchase or a Piggyback arrangement; and WHEREAS the current policy states that in a Piggyback arrangement, the Town is not required to adhere to the advertising requirements under this by-law and does not need to conduct its own competition; and the policies and procedures regarding the Solicitation and Procurement process of the government agencies or public authorities calling the Cooperative Purchasing Bid on behalf of the participants are to be accepted policies and procedures for that particular Bid; Council Meeting Minutes Tuesday, October 27, 2015 Page 10 of 15 NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora not enter into any Piggyback arrangement unless the Town has the freedom to conduct its own adjacent competitive solicitation (RFP) for bids; and BE IT FURTHER RESOLVED THAT the Town of Aurora only enter into a Piggyback arrangement with other government agencies or public authorities in Co-operative Purchasing on conditions that i) they disclose all its own costs/fees that will be passed down to the Town of Aurora; ii) they disclose the names of all bidders and their contract bids and iii) the arrangement discloses any and all fees including any cancellation penalties, break-up fees, or any up-front fee related to any type of due diligence report or work that would be ineligible for reimbursement to the Town if that contractor is not the final chosen contractor; and BE IT FURTHER RESOLVED THAT the Town of Aurora only enter into piggy back agreements with government agencies, public authorities or other third party consultants who fully disclose their pre-qualification process, if they have one. 11. REGIONAL REPORT Moved by Councillor Abel Seconded by Councillor Gaertner York Regional Council Highlights – October 15, 2015 THAT the Regional Report of October 15, 2015, be received for information. CARRIED 12. NEW BUSINESS/GENERAL INFORMATION Councillor Thompson referred to a ten-year York Region construction plan update email that had been circulated by Town staff, inquiring about the interchange at Highway 404. The Mayor advised that this matter must be considered as part of York Region’s 2016 Capital Budget process. Councillor Gaertner inquired about the feasibility of selling old playground equipment from Town parks. Staff advised that used playground equipment is not sold for liability reasons. Councillor Mrakas provided a brief update on the Canada Post Community Mailbox program suspension. Councillor Thompson added that information would be posted on the Town’s website as it becomes available. Council Meeting Minutes Tuesday, October 27, 2015 Page 11 of 15 13. READING OF BY-LAWS Moved by Councillor Thom Seconded by Councillor Pirri THAT the following by-laws be given first, second, and third readings and enacted: 5761-15 BEING A BY-LAW to authorize The Corporation of the Town of Aurora to enter into the Agency Agreement, as defined herein, between CHUMS Financing Corporation and Local Authority Services Limited, as Agent, and Eligible Investors with respect to “The One Investment Program” and to authorize the Treasurer to execute the necessary documents from time to time for that purpose. 5764-15 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Shimvest Investments Limited – 15436 Leslie Street). 5773-15 BEING A BY-LAW to authorize debt financing in respect of the Town-wide conversion to LED street lighting capital project. 5774-15 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Brookfield Homes (Ontario) Aurora Limited – 15776 Leslie Street). CARRIED The confirming by-law was enacted following consideration of Closed Session. Moved by Councillor Thompson Seconded by Councillor Gaertner THAT the following confirming by-law be given first, second, and third readings and enacted: 5776-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on October 27, 2015. CARRIED 14. CLOSED SESSION Moved by Councillor Mrakas Seconded by Councillor Pirri THAT Council resolve into Closed Session to consider the following matters: Council Meeting Minutes Tuesday, October 27, 2015 Page 12 of 15 1. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Memorandum from Director of Legal & Legislative Services/Town Solicitor; Re: Potential Acquisition of Land for a New Central York Fire Services Facility 2. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Report No. LLS15- 060 – Accessibility Advisory Committee Membership 3. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Report No. LLS15- 061 – Economic Development Advisory Committee Membership 4. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Report No. LLS15-062 – Urbanization and Widening of Leslie Street – Agreement of Purchase and Sale with The Regional Municipality of York 5. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Report No. LLS15-063 – Urbanization and Widening of St. John’s Sideroad – Agreement of Purchase and Sale with The Regional Municipality of York 6. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Report No. LLS15-064 – Offer from The Regional Municipality of York – Part of Block 6, Plan 65M-3819 (Leslie Street, North of State Farm Way) 7. The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose (section 239(2)(f) of the Municipal Act, 2001); Re: Verbal Update to Highland Gate Development Application (Added Item) CARRIED Moved by Councillor Abel Seconded by Councillor Pirri THAT the Council meeting be reconvened into open session to rise and report from Closed Session. CARRIED Council Meeting Minutes Tuesday, October 27, 2015 Page 13 of 15 1. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Memorandum from Director of Legal & Legislative Services/Town Solicitor; Re: Potential Acquisition of Land for a New Central York Fire Services Facility Moved by Councillor Kim Seconded by Councillor Pirri THAT the confidential recommendations in respect to a Potential Acquisition of Land for a New Central York Fire Services Fire Station be approved; and THAT staff be authorized to proceed as directed by Council in Closed Session on October 27, 2015. On a recorded vote the motion CARRIED YEAS: 5 NAYS: 2 VOTING YEAS: Councillors Abel, Gaertner, Kim, Pirri, and Mayor Dawe VOTING NAYS: Councillors Mrakas and Thompson ABSENT: Councillors Humfryes and Thom 2. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Report No. LLS15-060 – Accessibility Advisory Committee Membership Moved by Councillor Gaertner Seconded by Councillor Abel THAT consideration of this matter be deferred; and THAT staff be directed to report back on options for a stipend to be paid to members of the Accessibility Advisory Committee. CARRIED 3. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Report No. LLS15-061 – Economic Development Advisory Committee Membership Moved by Councillor Pirri Seconded by Councillor Thompson THAT consideration of this matter be deferred and staff be directed to report back at a Closed Session meeting on November 10, 2015. Council Meeting Minutes Tuesday, October 27, 2015 Page 14 of 15 On a recorded vote the motion CARRIED YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Abel, Gaertner, Kim, Mrakas, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillor Thom ABSENT: Councillor Humfryes 4. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Report No. LLS15-062 – Urbanization and Widening of Leslie Street – Agreement of Purchase and Sale with The Regional Municipality of York Moved by Councillor Thompson Seconded by Councillor Abel THAT the confidential recommendations regarding Report No. LLS15-062 – Urbanization and Widening of Leslie Street – Agreement of Purchase and Sale with The Regional Municipality of York, be approved and staff be authorized to proceed as directed by Council in Closed Session on October 27, 2015. CARRIED 5. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Report No. LLS15-063 – Urbanization and Widening of St. John’s Sideroad – Agreement of Purchase and Sale with The Regional Municipality of York Moved by Councillor Pirri Seconded by Councillor Kim THAT the confidential recommendations regarding Report No. LLS15-063 – Urbanization and Widening of St. John’s Sideroad – Agreement of Purchase and Sale with The Regional Municipality of York, be approved and staff be authorized to proceed as directed by Council in Closed Session on October 27, 2015. CARRIED 6. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Re: Report No. LLS15-064 – Offer from The Regional Municipality of York – Part of Block 6, Plan 65M-3819 (Leslie Street, North of State Farm Way) Council Meeting Minutes Tuesday, October 27, 2015 Page 15 of 15 Moved by Councillor Thom Seconded by Councillor Thompson THAT the confidential recommendations regarding Report No. LLS15-064 – Offer from The Regional Municipality of York – Part of Block 6, Plan 65M-3819 (Leslie Street, North of State Farm Way), be approved and staff be authorized to proceed as directed by Council in Closed Session on October 27, 2015. CARRIED 7. The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose (section 239(2)(f) of the Municipal Act, 2001); Re: Verbal Update to Highland Gate Development Application (Added Item) The Town Solicitor gave confidential verbal advice that is subject to solicitor-client privilege and Council took no action at this time. 15. ADJOURNMENT Moved by Councillor Mrakas Seconded by Councillor Gaertner THAT the meeting be adjourned at 10:46 p.m. CARRIED GEOFFREY DAWE, MAYOR STEPHEN M. A. HUYCKE, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF OCTOBER 27, 2015, RECEIVED FINAL APPROVAL BY COUNCIL ON NOVEMBER 10, 2015.