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MINUTES - Council - 20151110 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, November 10, 2015 ATTENDANCE COUNCIL MEMBERS Deputy Mayor Abel in the Chair; Councillors Gaertner (departed 9:42 p.m.), Humfryes (departed 9:48 p.m.), Kim (arrived 7:40 p.m.), Mrakas, Pirri, Thom, and Thompson MEMBERS ABSENT Mayor Dawe OTHER ATTENDEES Interim Chief Administrative Officer, Director of Building and By- law Services, Director of Corporate and Financial Services/Treasurer, Director of Infrastructure and Environmental Services, Acting Director of Legal and Legislative Services/Associate 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 7:05 p.m. following Open Forum. Council consented to recess at 9:42 p.m. to resolve into a Closed Session meeting and reconvened into open session at 10:04 p.m. 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF As required under subsection 5(3) of the Municipal Conflict of Interest Act, Councillor Humfryes declared a pecuniary interest regarding Item 6 and Closed Session Item 1 of the Council meeting held on October 27, 2015, from which she was absent, respecting the potential acquisition of land for a new Central York Fire Services facility, as a family member is employed by Central York Fire Services. Councillor Humfryes declared a pecuniary interest regarding Item 1(11) CFS15-047 – Central York Fire Services Budget for Aurora Comment, and Closed Session Item 2 Council Meeting Minutes Tuesday, November 10, 2015 Page 2 of 22 respecting the potential acquisition of land for a new Central York Fire Services facility, as a family member is employed by Central York Fire Services. 2. APPROVAL OF THE AGENDA Moved by Councillor Thompson Seconded by Councillor Gaertner THAT the agenda as circulated by Legal and Legislative Services, with the following additions, be approved:  Withdrawn: Delegation (a) John Elliott; Re: Item 1(5) PR15-033 – McMahon Park Neighbourhood Garden Public Survey Results  Delegation (b) Klaus Wehrenberg Resident; Re: Item 1(6) PR15-034 – Pedestrian Underpasses – Leslie Street and St. John’s Sideroad  Closed Session Item 2 – 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 Parks and Recreation Services; Re: Potential Acquisition of Land for a New Central York Fire Services Facility CARRIED 3. ADOPTION OF THE MINUTES Council Meeting Minutes of October 27, 2015 Special Council – Public Planning Meeting Minutes of October 28, 2015 Moved by Councillor Thom Seconded by Councillor Pirri THAT the Council meeting minutes of October 27, 2015, and the Special Council – Public Planning meeting minutes of October 28, 2015, be adopted as printed and circulated. CARRIED 4. PRESENTATIONS (a) Michael Stott, President, and Sarah Millar, Senior Planner, FOTENN Re: Cultural Precinct Plan – “Vision” and “What We Heard” Council Meeting Minutes Tuesday, November 10, 2015 Page 3 of 22 Mr. Stott and Ms. Millar presented an overview of the Town’s Cultural Precinct Plan, including the vision statement, guiding principles, opportunities and constraints, feedback from stakeholders, best practice examples, and next steps. Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the presentation by Michael Stott and Sara Millar be received for information. CARRIED (b) Alison Collins-Mrakas, Chair, Sesquicentennial Ad Hoc Committee Re: Remembrance Day Video On a motion of Councillor Thompson seconded by Councillor Pirri, Council consented on a two-thirds vote to waive the requirements of subsection 3.8(c) of the Procedural By-law to permit the presentation of Alison Collins-Mrakas additional time as required. Ms. Collins-Mrakas introduced the final legacy project of the Town’s Sesquicentennial Ad Hoc Committee—a commemorative Remembrance Day video entitled Remembrance Day: Past Present and Future, in honour of the brave individuals who have sacrificed to protect our country. She acknowledged and thanked the members of the Committee for their hard work, and expressed appreciation to the previous Council of the 2010-2014 Term for its support and vision for the Town’s celebration of an important milestone during 2013. Ms. Collins-Mrakas further expressed appreciation to all those who were involved in the production of the video, including Town staff, members of the Royal Canadian Legion, Col. Fred Tilston, V.C. Branch 385, Ken White, Ferguson Mobbs, and Joe Costa of 2 Thumbs Up Productions. The video was then viewed. Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the presentation by Alison Collins-Mrakas be received for information. CARRIED 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Thom expressed appreciation to the Aurora Royal Canadian Legion for an excellent supper held on Saturday, November 7, 2015. Councillor Thom announced that the next home game of the Aurora Tigers Jr. A team will be held on Saturday, November 14, 2015, at the Aurora Community Centre. Council Meeting Minutes Tuesday, November 10, 2015 Page 4 of 22 Councillor Gaertner extended a reminder that a Remembrance Day ceremony will be held at the Aurora Cenotaph on November 11, 2015, at 11 a.m. and a follow-up event is being held at the Aurora Royal Canadian Legion. Councillor Mrakas announced that the Queen’s York Rangers will be holding its second Vimy Spaghetti Fundraiser Dinner on Sunday, November 15, 2015. He noted that tickets are still available and may be purchased at the Legion until Wednesday, and that funds are being raised to support sending cadets to Vimy Ridge in 2017. Councillor Mrakas extended congratulations to Aurora Youth Soccer Club’s Executive Director Jimmy Brennan who was recently inducted into the The Soccer Hall of Fame and Museum at the Induction Ceremonies held on Sunday, November 8, 2015. Councillor Mrakas advised that he had the honour of speaking to the Standing Committee on Social Policy at Queen’s Park regarding Bill 73, Smart Growth for Our Communities Act, 2015 on November 9, 2015, and that he spoke on behalf of the need for some authority to be restored for municipalities to have a say in planning decisions. Councillor Abel extended a reminder that the Town of Aurora school safety lawn signs are available for pick-up from Access Aurora at Town Hall. Councillor Abel announced that the Winter 2016 Parks & Recreation Guide will be distributed in The Banner this week and copies are available for pick-up at Town Hall. Councillor Abel announced that the Aurora Cultural Centre’s Great Artist Music Series featuring violinist Jonathon Crow and pianist Phillip Chiu will be held on Friday, November 13, 2015, at 8 p.m. He further noted that The Paul Neufeld Quartet - Jazz Concert will be playing on Friday, November 20, 2015, at 8 p.m. Councillor Abel extended a reminder that the Town continues to seek community feedback on Youth play-based activities, and an on-line survey targeted to youth between the ages of 13 to 19 is available on the Town’s website. Councillor Abel announced that the Aurora Card Collectors Club (A3C) will hold its inaugural meeting on Wednesday, November 18, 2015, at the Old Library at 56 Victoria Street. Councillor Abel announced that RBC Sports Day, a national celebration of the power of sport to build community and get Canadians moving, is being held on Saturday, November 21, 2015, in communities across Canada. He noted that the Town will be offering various free events for Aurora youth and residents at the Stronach Aurora Recreation Complex and the Aurora Family Leisure Complex, and more information may be found in the News section at www.aurora.ca. Council Meeting Minutes Tuesday, November 10, 2015 Page 5 of 22 Councillor Abel announced that the Aurora Artists Studio Tour will be held on Saturday, November 14 and Sunday, November 15, 2015, from 10 a.m. to 4 p.m., and information regarding the studio locations is available at www.aurorastudiotour.com. Councillor Abel noted that the Aurora Winter Blues Festival presentation of The Last Waltz Live! will be held at Theatre Aurora on Saturday, November 14, 2015. Councillor Abel extended congratulations to Neighbourhood Network for their Food Pantry Drive, which received more than 100 bags of groceries and $1,500, which was presented to the Aurora Food Pantry. 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (sub-items 1, 4, 6, and 7) and 2 were identified as items for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-item 1, 4, 6, and 7), 3, 4, and 5 were identified as items not requiring separate discussion. Moved by Councillor Thompson Seconded by Councillor Kim 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 November 3, 2015 THAT the General Committee meeting report of November 3, 2015, be received and the recommendations carried by the Committee be approved: (2) IES15-064 – Extension of Janitorial Services Contract Item withdrawn on approval of agenda. (3) IES15-065 – Northern Six Waste Collection Contract Update THAT Report No. IES15-065 be received for information. (5) PR15-033 – McMahon Park Neighbourhood Garden Public Survey Results THAT Report No. PR15-033 be received; and Council Meeting Minutes Tuesday, November 10, 2015 Page 6 of 22 THAT a Neighbourhood Garden in McMahon Park not be implemented; and THAT staff be directed to pursue an alternative location for a neighbourhood garden and report back to Council. (8) PL15-082 – Applications for Exemption from Part Lot Control: Mattamy (Aurora) Limited, Blocks 251, 252 and 253, Plan 65M-4461, File No.: PLC-2015-08 Paradise Homes Inc., Blocks 155, 159 and 162, Plan 65M-4424, File No.: PLC-2015-09 THAT Report No. PL15-082 be received; and THAT the following Applications for Exemption from Part Lot Control be approved: • Mattamy (Aurora) Limited to divide Blocks 251, 252 and 253 on Plan 65M-4461 into fourteen (14) separate lots for townhouse units; and • Paradise Homes Inc. to divide Blocks 155, 159 and 162 on Plan 65M- 4424 into fourteen (14) separate lots for townhouse units; and THAT the Part Lot Control Exemption By-laws be enacted at the next available Council meeting. (9) Memorandum from Manager of Special Projects Re: Preparation of an Events Package THAT the memorandum regarding Preparation of an Events Package be received for information. (10) Community Recognition Review Ad Hoc Committee Meeting Minutes of October 27, 2015 THAT the Community Recognition Review Ad Hoc Committee meeting minutes of October 27, 2015, be received; and THAT the Community Recognition Review Ad Hoc Committee recommend to Council: 1. Memorandum from Acting Manager of Corporate Communications Re: 2016 Proposed Community Recognition Awards Plan Council Meeting Minutes Tuesday, November 10, 2015 Page 7 of 22 THAT the 2016 Proposed Community Recognition Awards Plan, as amended by the Community Recognition Review Ad Hoc Committee, be brought forward to the General Committee meeting of November 3, 2015, for Council’s approval. New Business Motion No. 1 THAT a policy be established by Council to eliminate the use of individual names for Town-sanctioned awards. New Business Motion No. 2 THAT the mandate of the Community Recognition Review Ad Hoc Committee be extended to permit the Committee to continue working on branding of the event and to ensure a smooth transition into the Awards ceremony. (11) CFS15-047 – Central York Fire Services Budget for Aurora Comment THAT Report No. CFS15-047 be received; and THAT Council provide its comments by way of resolution(s) to be conveyed to Newmarket Council for consideration during their final budget reviews and approvals in respect of the 2016 Budget for Central York Fire Services. 3. BBS15-012 – Overnight Parking Program “Toys for Tickets” THAT Report No. BBS15-012 be received; and THAT Bylaw Services staff proceed with the “Toys for Tickets” program to commence November 15, 2015, and end December 1, 2015. 4. Memorandum from Director of Corporate & Financial Services/Treasurer Re: Revised Start Time for Budget Review Meeting Scheduled on November 16, 2015 THAT the memorandum regarding Revised Start Time for Budget Review Meeting Scheduled on November 16, 2015 be received; and THAT the start time of the Special General Committee – 2016 Budget Review meeting scheduled on Monday, November 16, 2015, be revised from 5:30 p.m. to 7 p.m. Council Meeting Minutes Tuesday, November 10, 2015 Page 8 of 22 5. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority, Highlights – October 23, 2015 – Meeting of the Board THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights – October 23, 2015 – Meeting of the Board be received for information. CARRIED 8. DELEGATIONS (a) John Elliott, Resident Re: Item 1(5) – Report PR15-033 – McMahon Park Neighbourhood Garden Public Survey Results Delegation withdrawn on approval of agenda. (b) Klaus Wehrenberg, Resident Re: Item 1(6) – Report PR15-034 – Pedestrian Underpasses – Leslie Street and St. John’s Sideroad (Added Item) Mr. Wehrenberg noted that he had received new information regarding the Development Charges By-law and underpasses. He discussed the eight underpasses and related construction costs, development charge amounts, and estimates provided by the Region. Moved by Councillor Mrakas Seconded by Councillor Gaertner THAT the comments of Klaus Wehrenberg be received and referred to Item 6. CARRIED 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of November 3, 2015 (1) IES15-063 – Acceptance of Municipal Services – Bayview Meadows, Phase 2 & 3 (St. John’s Road Development Corp.), Registered Plan 65M-4075, 65M-4079, 65M-4082 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Report No. IES15-063 be received; and Council Meeting Minutes Tuesday, November 10, 2015 Page 9 of 22 THAT ownership, operation and maintenance of the works within the roads, rights-of-way, and other lands dedicated to the Town contained within Plan 65M- 4075, 65M-4079, 65M-4082, being Bayview Meadows Subdivision, Phase 2 & 3, by St. John’s Road Development Corp, be assumed as detailed in Report No. IES15-063; and THAT the necessary by-law be brought forward for enactment to assume for public use the highways within Plan 65M-4075, 65M-4079, 65M-4082 and to establish as public highway any applicable reserves. CARRIED 1. General Committee Meeting Report of November 3, 2015 (4) LLS15-059 – 2016 Council and Committee Meeting Calendar Main motion Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT Report No. LLS15-059 be received; and THAT the requirements of sections 2.3 and 2.6 of the Procedural By-law be waived to permit the adoption of the 2016 Council and Committee meeting schedule attached to this report as Attachment #1; and THAT the Special Council – Public Planning meeting to consider the Highland Gate Developments Inc. applications be scheduled prior to the end of January 2016; and THAT the Meeting Calendar be amended by the addition of two Council meetings on the dates of July 26 and August 23, 2016; and THAT the 2016 Council and Committee Meeting Calendar, attached to this report as Attachment #1, as amended, be approved; and THAT the Town Clerk be authorized to make amendments to the 2016 Council and Committee Meeting Calendar as required. Amendment Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT the main motion be amended by adding the following clause: Council Meeting Minutes Tuesday, November 10, 2015 Page 10 of 22 THAT staff be directed to report back to Council on alternative dates for the Special General Committee – Capital Budget meeting scheduled on Monday, October 3, 2016. CARRIED Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT Report No. LLS15-059 be received; and THAT the requirements of sections 2.3 and 2.6 of the Procedural By-law be waived to permit the adoption of the 2016 Council and Committee meeting schedule attached to this report as Attachment #1; and THAT the Special Council – Public Planning meeting to consider the Highland Gate Developments Inc. applications be scheduled prior to the end of January 2016; and THAT the Meeting Calendar be amended by the addition of two Council meetings on the dates of July 26 and August 23, 2016; and THAT the 2016 Council and Committee Meeting Calendar, attached to this report as Attachment #1, as amended, be approved; and THAT the Town Clerk be authorized to make amendments to the 2016 Council and Committee Meeting Calendar as required; and THAT staff be directed to report back to Council on alternative dates for the Special General Committee – Capital Budget meeting scheduled on Monday, October 3, 2016. CARRIED AS AMENDED 1. General Committee Meeting Report of November 3, 2015 (6) PR15-034 – Pedestrian Underpasses – Leslie Street and St. John’s Sideroad On a motion of Councillor Thompson seconded by Councillor Gaertner, Council consented to consider Item 1(6) prior to consideration of Item 1(1). Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No. PR15-034 be received; and Council Meeting Minutes Tuesday, November 10, 2015 Page 11 of 22 THAT the construction of Underpasses C and D, as outlined in this report, and in accordance with the Town of Aurora Trails Master Plan, be approved; and THAT funding in the amount of $212,882 be approved; and THAT 90% of the funds required to construct the underpasses be allocated from the applicable Development Charges Reserve and that the remaining 10% funding be allocated from the applicable Parks and Recreation related reserves; and THAT staff be directed to enter into an Agreement with The Regional Municipality of York to facilitate the process of construction of the two underpasses, the associated financial arrangements, and any matters dealing with the future operation and maintenance of these underpasses; and THAT the Town only consider proceeding with the construction of Underpass A in the event that funding is provided by The Regional Municipality of York; and THAT the Mayor and Town Clerk be authorized to execute the necessary Form of Agreement including any and all documents and ancillary agreements required to give effect to same. On a recorded vote the motion CARRIED YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Kim, Mrakas, Pirri, Thom, and Thompson VOTING NAYS: Councillors Gaertner, Humfryes, and Deputy Mayor Abel ABSENT: Mayor Dawe 1. General Committee Meeting Report of November 3, 2015 (7) PR15-035 – Tree Removal/Pruning and Compensation Policy Moved by Councillor Gaertner Seconded by Councillor Thompson THAT Report No. PR15-035 be received; and THAT Report No. PR15-035 and the following recommendation be deferred to the General Committee meeting of November 17, 2015, for consideration: Council Meeting Minutes Tuesday, November 10, 2015 Page 12 of 22 THAT the draft Tree Removal/Pruning and Compensation Policy attached to Report No. PR15-035 be approved; and THAT the draft Tree Removal/Pruning and Compensation Policy be applicable to all planning applications that are currently under review by the Town, provided the applicants have been duly notified of this draft Policy and are currently complying with the said draft Policy; and THAT the Tree Removal/Pruning and Compensation Policy come into full force for all new requests or applications received by the Town as of December 1, 2015. CARRIED 2. LLS15-066 – General Committee Closed Session Report of November 3, 2015 Moved by Councillor Gaertner Seconded by Councillor Thompson THAT Report No. LLS15-066 be received for information. CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Gaertner Re: Highland Gate Developments Inc. Reports WHEREAS it is right and prudent for Council to ensure that a comprehensive, transparent and fair Public Planning process is conducted re the proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment submitted by Highland Gate Developments Inc. (the “Highland Gate application”); and WHEREAS the Planning Act provides for planning processes that are fair by making them open and accessible to ensure public knowledge and understanding of all facts relevant to a proposed planning application; and WHEREAS it is the Town's role to ensure that facts are known and understood by all interested parties; and Council Meeting Minutes Tuesday, November 10, 2015 Page 13 of 22 WHEREAS it is possible for the Town to supply detailed factual information to the public without compromising the process; and WHEREAS clarification of the significance of what has been commonly referred to as the one-foot buffers under the control of the Town of Aurora, to both the developer and residents, is crucial; and the criteria and circumstances that would be significant to the Town of Aurora, its residents and all affected property holders as part of the Public Planning process, or any subsequent appeal of any and all decisions resulting from that process needs to be clarified; and WHEREAS the public at a Public Planning meeting was told by the Town of Aurora that no information was found in the Town's records regarding the one-foot buffers; and WHEREAS it is therefore important to know what the common understanding and agreed upon purpose of these buffers were associated with the first development and the subsequent additional re-development of the land and their significance to the municipality, the public and all affected property holders; and WHEREAS it is appropriate for Council to have a full and open discussion on the potential impacts and effects on the residents in the directly affected neighbourhood, their property rights, and their quiet enjoyment of their residency during the construction period and post construction period; and WHEREAS the immediate and future economic impacts on the Town of Aurora and all of its taxpayers of the impacts of the proposed application should be well and fully understood by all members of the public; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to provide a report including the following:  All of the reports and correspondence related to the application from experts, authorities and staff received by the Town; and a report from the department of Parks and Recreation Services;  A review and report on the newspaper articles about any and all development related to the subject lands preceding and following the time that the one-foot buffers were established; and at the time of the first redevelopment, in order to establish the publicly expressed terms of the original agreement and its intent;  The results of a search, for information about the understanding of the purpose and effect of the one-foot buffer when it was obtained, based on Council Meeting Minutes Tuesday, November 10, 2015 Page 14 of 22 publishing a public notice requesting that any party with knowledge of the decision step forward and provide related historical information to the process; and having a letter sent to all living municipal councillors from the time and to all persons identifiable from the public record at the time as having participated in related public meetings, seeking their best recollections of the facts of the matter;  A thorough report produced by expert legal counsel independent of, but to be retained by, the Town of Aurora and reporting to Aurora Town Council as a whole to objectively summarize the facts and frame the legal context of the buffers, as they relate to the proposed development, in order to properly inform the planning process;  A report on the potential construction impacts, including noise, dust, road and traffic disruption, implications for public health, placement of construction vehicles and materials, safety-related issues including road, property and personal, effect on existing infrastructure including the ability of roads and subsurface utilities facilities to handle weight and volume of construction vehicles without damage; and quality of life effects on the neighbourhood; and BE IT FURTHER RESOLVED THAT the next Public Planning meeting be held once this information has been provided first at a Council meeting; and BE IT FURTHER RESOLVED THAT Council, having received the aforementioned information, then make the decision on the appropriate date and time for the next Public Planning meeting concerning the Highland Gate application. (b) Councillor Thompson Re: Election of Regional Chair for Region of York WHEREAS the following Notice of Motion regarding the election of a Regional Chair, moved by Regional Councillor Joe Li and seconded by Mayor Justin Altmann, has been placed on the Region of York’s November 19, 2015 agenda; “NOTICE OF MOTION Moved by: Regional Councillor Joe Li Seconded by: Mayor Justin Altmann WHEREAS The Regional Municipality of York (the “Region of York”) was established in 1971; Council Meeting Minutes Tuesday, November 10, 2015 Page 15 of 22 AND WHEREAS the head of the council of the Region of York (the “Regional Chair”) has always been appointed by the members of council, pursuant to the applicable legislation; AND WHEREAS, in 2003, a second option was introduced under subsection 218(1) of the Municipal Act, 2001 (the “Act”), which permits the head of council of an upper-tier municipality, to be “elected by general vote”, in accordance with the Municipal Elections Act, 1996, as an alternative to appointment by Regional Council, subject to the process set out in the Act; AND WHEREAS subsection 219(2) of the Act sets out a cumbersome process to change from appointment to direct election of the Regional Chair, referred to as the “triple majority”; AND WHEREAS the following Regional Municipalities now elect their Regional Chair by general vote under the Municipal Elections Act, 1996: Regional Municipality of Halton Regional Municipality of Durham Regional Municipality of Waterloo AND WHEREAS Private Member’s Bill 42, the Municipal Amendment Act (Election of Chair of York Region), 2014, was tabled in the Ontario Legislature on November 14, 2014 by the MPP for Newmarket-Aurora, Chris Ballard (the “Bill”), and has been given second reading and referred to the Standing Committee on the Legislative Assembly; AND WHEREAS the Bill proposes revisions to subsection 218(1) of the Municipal Act, 2001 that require the Regional Chair to be elected by a general vote in accordance with the Municipal Elections Act, 1996; AND WHEREAS on June 14, 2012, the council of the Region of York resolved not to support Bill 60, a predecessor of Bill 42, and to retain the status quo regarding the election of the Regional Chair; AND WHEREAS the present process of the council of the Region of York appointing their own Regional Chair deprives the residents of a democratic process for a senior member of Regional government. NOW THEREFORE BE IT RESOLVED: 1) That the Region of York express its support for Bill 42, and request the Province of Ontario to pass Bill 42 and require the head of council of The Regional Municipality of York to be elected by Council Meeting Minutes Tuesday, November 10, 2015 Page 16 of 22 general vote in accordance with the Municipal Elections Act, 1996, beginning in the next municipal election; and, 2) That this Motion be sent to The Honourable Kathleen Wynne, Premier of Ontario, The Honourable Ted McMeekin, Minister of Municipal Affairs and Housing, Patrick Brown, Leader of the Official Opposition (Progressive Conservative Party), Andrea Horwath, Leader of the New Democratic Party, all MPPs in the Region of York, including Chris Ballard, and the Councils of all municipalities within the Region of York.”; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora endorse the Motion to Elect the Regional Chair from Regional Councillor Li and Mayor Altmann; and BE IT FURTHER RESOLVED THAT the Town of Aurora send a letter to the Region of York expressing our support for the concept of an elected Regional Chair; and BE IT FURTHER RESOLVED THAT the Town of Aurora express its support to the Province for Bill 42 which would require the head of council of The Regional Municipality of York to be elected by general vote in accordance with the Municipal Elections Act, 1996, beginning in the next municipal election. (ii) Motions for Which Notice Has Been Given (a) Councillor Kim Re: Procurement Policy Moved by Councillor Kim Seconded by Councillor Gaertner 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 Council Meeting Minutes Tuesday, November 10, 2015 Page 17 of 22 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; 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 piggyback agreements with government agencies, public authorities or other third-party consultants who fully disclose their pre-qualification process, if they have one. Motion to refer Moved by Councillor Pirri Seconded by Councillor Thom THAT this Motion be referred back to staff for consideration as part of the 2016 procurement process audit and a report back to Council within 120 days. On a recorded vote the motion to refer CARRIED YEAS: 5 NAYS: 3 VOTING YEAS: Councillors Mrakas, Pirri, Thom, Thompson, and Deputy Mayor Abel VOTING NAYS: Councillors Gaertner, Humfryes, and Kim ABSENT: Mayor Dawe Council Meeting Minutes Tuesday, November 10, 2015 Page 18 of 22 (b) Councillor Mrakas Re: Door-to-Door Salespeople Main motion Moved by Councillor Mrakas Seconded by Councillor Pirri WHEREAS the financial well-being and personal safety of Aurora residents is of the upmost importance; and WHEREAS Aurorans—especially seniors—need more protection from unethical, misleading and/or aggressive door-to-door salespeople; and WHEREAS Part IV of the Municipal Act, 2001 authorizes the council of every local municipality to pass by-laws for licensing, regulating and governing any business carried on within the municipality; and WHEREAS Council considers it desirable to exercise this authority for the purposes of health and safety, nuisance control and consumer protection; NOW THEREFORE BE IT HEREBY RESOLVED THAT The Town of Aurora staff develop a by-law that would regulate and control door-to-door sales, solicitation and distribution of advertising material; and BE IT FURTHER RESOLVED THAT said By-law be brought back to Council for approval in the first quarter of 2016. Amendment Moved by Councillor Thom Seconded by Councillor Pirri THAT the first operative clause be amended by inserting the words “and report back to Council on options for” after “staff develop”; and THAT the second operative clause be amended by inserting the words “report and” after the word “said”. CARRIED Main motion as amended Moved by Councillor Mrakas Seconded by Councillor Pirri WHEREAS the financial well-being and personal safety of Aurora residents is of the upmost importance; and Council Meeting Minutes Tuesday, November 10, 2015 Page 19 of 22 WHEREAS Aurorans—especially seniors—need more protection from unethical, misleading and/or aggressive door-to-door salespeople; and WHEREAS Part IV of the Municipal Act, 2001 authorizes the council of every local municipality to pass by-laws for licensing, regulating and governing any business carried on within the municipality; and WHEREAS Council considers it desirable to exercise this authority for the purposes of health and safety, nuisance control and consumer protection; NOW THEREFORE BE IT HEREBY RESOLVED THAT The Town of Aurora staff develop and report back to Council on options for a by-law that would regulate and control door-to-door sales, solicitation and distribution of advertising material; and BE IT FURTHER RESOLVED THAT said report and by-law be brought back to Council for approval in the first quarter of 2016. On a recorded vote the main motion CARRIED AS AMENDED YEAS: 8 NAYS: 0 VOTING YEAS: Councillors Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Deputy Mayor Abel VOTING NAYS: None ABSENT: Mayor Dawe 11. REGIONAL REPORT None 12. NEW BUSINESS/GENERAL INFORMATION None 13. READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Pirri THAT the following by-laws be given first, second, and third readings and enacted: Council Meeting Minutes Tuesday, November 10, 2015 Page 20 of 22 5777-15 BEING A BY-LAW to exempt Blocks 251, 252 and 253 on Plan 65M-4461 from Part-Lot Control (Mattamy (Aurora) Limited). 5778-15 BEING A BY-LAW to exempt Blocks 155, 159 and 162 on Plan 65M-4424 from Part-Lot Control (Paradise Homes Leslie Inc). 5779-15 BEING A BY-LAW to establish lands on Plan 65M-4079 as highways (St. John’s Road Development Corp. – Phases 2 and 3). 5782-15 BEING A BY-LAW to assume highways on Plans 65M-4075, 65M-4079 and 65M-4082 for public use (St. John’s Road Development Corp. – Phases 2 and 3). CARRIED The confirming by-law was enacted following consideration of Closed Session. Moved by Councillor Mrakas Seconded by Councillor Kim THAT the following confirming by-law be given first, second, and third readings and enacted: 5781-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 10, 2015. CARRIED 14. CLOSED SESSION Moved by Councillor Pirri Seconded by Councillor Thom THAT Council resolve into Closed Session to consider the following matters: 1. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Memorandum from Acting Director of Legal & Legislative Services/Associate Solicitor; Re: Update on Closed Session Report No. LLS15-061 – Economic Development Advisory Committee Membership 2. 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 Parks and Recreation Services; Re: Potential Acquisition of Land for a New Central York Fire Services Facility (Added Item) CARRIED Council Meeting Minutes Tuesday, November 10, 2015 Page 21 of 22 Moved by Councillor Mrakas Seconded by Councillor Thompson THAT the Council meeting be reconvened into open session to rise and report from Closed Session. CARRIED 1. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Memorandum from Acting Director of Legal & Legislative Services/ Associate Solicitor; Re: Update on Closed Session Report No. LLS15-061 – Economic Development Advisory Committee Membership Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the confidential Closed Session memorandum “Update on Closed Session Report No. LLS15-061 – Economic Development Advisory Committee Membership” be received; and THAT confidential Closed Session Report No. LLS15-061 be received for information. CARRIED 2. 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 Parks and Recreation Services; Re: Potential Acquisition of Land for a New Central York Fire Services Facility (Added Item) Moved by Councillor Kim Seconded by Councillor Pirri 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 Parks and Recreation Services; Re: Potential Acquisition of Land for a New Central York Fire Services Fire Facility be approved and staff be authorized to proceed as directed by Council in Closed Session on November 10, 2015. On a recorded vote the motion CARRIED Council Meeting Minutes Tuesday, November 10, 2015 Page 22 of 22 YEAS: 4 NAYS: 2 VOTING YEAS: Councillors Pirri, Thom, Thompson, and Deputy Mayor Abel VOTING NAYS: Councillors Kim and Mrakas ABSENT: Councillors Gaertner, Humfryes, and Mayor Dawe 15. ADJOURNMENT Moved by Councillor Thom Seconded by Councillor Kim THAT the meeting be adjourned at 10:07 p.m. CARRIED JOHN ABEL, DEPUTY MAYOR STEPHEN M. A. HUYCKE, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 10, 2015, ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON NOVEMBER 24, 2015.