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MINUTES - Council - 20111122 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, November 22, 2011 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard (arrived at 7:05 p.m.), Buck, Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By- law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, and Council/Committee Secretary Following Open Forum, Mayor Dawe called the meeting to order at 7:02 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Buck Seconded by Councillor Abel THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  New Delegation (a) Pat Runnings, Resident Re: Motion for Which Notice Has Been Given (a) Councillor Abel re: Noise By-law  Replacement Page 5 to Item 1 Re: General Committee Meeting Report of November 15, 2011  New By-law 5387-11 Re: Code of Ethics for Members of Council CARRIED Council Meeting Minutes Tuesday, November 22, 2011 Page 2 of 8 III ADOPTION OF MINUTES Council Meeting Minutes of November 8, 2011 Moved by Councillor Abel Seconded by Councillor Humfryes THAT the Council Meeting minutes of November 8, 2011 be adopted as printed and circulated. CARRIED IV PRESENTATIONS (a) Nicole Young, Sponsorship and Special Events Re: Platinum Sponsor Recognition Nicole Young, along with Mayor Dawe, thanked the Town of Aurora’s 2011 Platinum level event sponsors. She noted that it is through the invaluable contribution of these and other sponsors that exceptional attendance levels are attained and that tens of thousands of residents participated in various events. Mayor Dawe said that the Town of Aurora is proud to work with these sponsors and will continue to provide a wide variety of events for the community. He stated that it is through these generous contributions and support from local businesses that have enabled more than 250,000 people to enjoy the Town’s events over the past year. Mayor Dawe stated that these events showcase what Aurora has to offer while creating lasting memories for families and friends. Ms Young noted that this year was a first as a Platinum level sponsor for Crabby Joes Aurora and RONA, and that Cineplex Odeon, Aurora Cinemas and Aurora Home Hardware Building Centre have participated and sponsored many events as Platinum level sponsors for many years. Mayor Dawe presented awards to these businesses expressing gratitude from the Town of Aurora. He said that sponsoring events is the same as investing in the values of this great community because these sponsorships enable the Town to continue to offer free events for families to explore this community, connect with neighbours and meet new friends. V PUBLIC SERVICE ANNOUNCEMENTS Councillor Humfryes congratulated Team Captain Councillor Pirri and those participating in the Town Stash and noted that they have raised over $1,700 towards Movember. Councillor Thompson said that Theatre Aurora is presenting “You’re a Good Man, Charlie Brown”, which opens November 25, 2011 and runs until December 10, 2011. Councillor Thompson noted that the St. Andrew’s College Saints will be facing off against the King City Lions at Esther Shiner Stadium in North York, on Thursday, November 24, 2011, in the first semi-final of the Metro Bowl. Mayor Dawe congratulated Jan Freedman for the nine awards she won at the Royal Winter Fair. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Item 1(5) was identified for discussion. Council Meeting Minutes Tuesday, November 22, 2011 Page 3 of 8 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsection 5), 2, 3, 4, 5 and 6 were identified as items not requiring separate discussion. Moved by Councillor Ballard Seconded by Councillor Gaertner THAT the following recommendations respecting 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 15, 2011 THAT the General Committee meeting report of November 15, 2011 be received and the recommendations carried by the Committee be approved, with the exception of subsection 5. 2. Special General Committee Meeting Report Budget Overview & Public Consultation dated November 7, 2011 THAT the Special General Committee meeting report – Budget Overview & Public Consultation dated November 7, 2011 be received for information. 3. Special General Committee Meeting Report Capital Budget & Public Consultation dated November 14, 2011 THAT the Special General Committee meeting report – Capital Budget & Public Consultation dated November 14, 2011 be received for information. 4. CLS11-023 – General Committee Closed Session Report dated November 15, 2011 THAT the confidential recommendation of the General Committee Closed Session of November 15, 2011 be adopted including the following: 1. THAT report PR11-047 be received; and 2. THAT Council direct staff to prepare a report regarding a Recreational License Agreement with the Minister of Infrastructure; and 3. THAT Council receive the update on St. Maximilian Artificial Turf Field as information; and 4. THAT Council authorize staff to negotiate an agreement with Timberlane Athletic Club for the provision of Indoor Tennis. 5. Memorandum from the Chief Administrative Officer Re: SARC Solar Project THAT the memorandum related to the SARC Solar project be received for information. Council Meeting Minutes Tuesday, November 22, 2011 Page 4 of 8 6. Memorandum from the Director of Customer and Legislative Services/Town Clerk Re: Council’s Procedural By-law THAT the Council Code of Ethics be deleted from Council’s Procedural By-law and be re-enacted by a separate by-law. CARRIED VIII DELEGATIONS (a) Pat Runnings Re: Motion for Which Notice Has Been Given (a) Councillor Abel Re: Noise By-law Pat Runnings noted that she has been a resident of Aurora for eighteen years in Aurora and that Aurora’s landscape is changing with several new condominiums already constructed and others planned for development, which all use industrial- sized equipment for heating, cooling and venting. She said that she moved into her unit several months ago only to find that there is an exhaust fan located eight feet from her bedroom window, which runs day and night. Ms Runnings stated that this fan vents carbon monoxide from the parking garage and is exceptionally noisy. She has asked property management for consideration but has been unsuccessful. Ms Runnings has been in discussion with By-law Services but has found that the current Noise By-law does not address noise created from industrial-sized equipment but that many other municipalities have addressed this issue. She requested Council’s attention to update the Noise By-law to protect residents from losing their quality of life with constant noise pollution. Moved by Councillor Buck Seconded by Councillor Gallo THAT the comments of the delegate be received for information. CARRIED IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Abel Seconded by Councillor Gaertner THAT Motion for Which Notice Has Been Given (a) be brought forward for discussion. CARRIED (ii) Motions for Which Notice Has Been Given (a) Councillor Abel Re: Noise By-law Moved by Councillor Abel Seconded by Councillor Pirri WHEREAS the current Town of Aurora noise by-law does not regulate noise emitted from pumps and filtration systems; and WHEREAS two complaints have been filed with By-law Services regarding pumps and filtration system noise. Council Meeting Minutes Tuesday, November 22, 2011 Page 5 of 8 NOW THEREFORE BE IT RESOLVED THAT staff be directed to report on the implications of amending the noise by-law to regulate noise. CARRIED 1. General Committee Meeting Report of November 15, 2011 (5) PR11-046 – St. Jerome Catholic Elementary School Moved by Councillor Gallo Seconded by Councillor Ballard THAT this Item be deferred to the next General Committee meeting. CARRIED X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Thompson Re: Consideration of Pilot Rain Water Harvesting for the Aurora Family Leisure Complex and Town Hall WHEREAS water conservation has been a priority for both the Town of Aurora and York Region; and WHEREAS York Region has invested significant funds in water conservation programs over the past decade; and WHEREAS York Region is seeking partnership opportunities to pilot innovative water conservation strategies; and WHEREAS rain harvesting at two Town facilities can be well-integrated into on-site landscaping at Town Hall, and as part of the Arboretum project adjacent to the AFLC; and WHEREAS cost sharing with the Region exists for such pilot projects. NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to investigate options for providing rain harvesting facilities at both the AFLC and Town Hall and report back to Council on the results of the investigations, expected financial requirements, and cost sharing opportunities with the Region, prior to proceeding with the detailed design. (b) Councillor Buck Re: Canadian Flag Flying in Disrepair WHEREAS a Canadian flag flying in disrepair is disrespectful and offensive to community standards and such negligence is unacceptable. NOW THEREFORE BE IT RESOLVED THAT the Town of Aurora Property Standards By-law No. 4044-99.P be amended to legislate owners of public spaces, such as shopping centres, choosing to display the country's flag to maintain the flag in good condition at all times. Council Meeting Minutes Tuesday, November 22, 2011 Page 6 of 8 (c) Councillor Thompson Re: Public Planning Meeting Notification Process WHEREAS the current Town practice is to advertise Notice of Public Planning meetings in The Era Banner newspaper and to circulate via mail delivery to every property owner within 120 metres (393 feet) of the subject planning application. NOW THEREFORE BE IT RESOLVED THAT staff be directed to review the current public notification process, including providing additional Notice of Public Planning meetings in The Auroran newspaper as well as expanding the mail delivery circulation to property owners and report back to Council. XI REGIONAL REPORT None XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Gaertner noted that the location of the sign at Confederation Park which was discussed at General Committee last week is situated facing in the wrong direction and that the wording should be reviewed. The Director of Parks and Recreation Services noted that he has discussed updating the wording with staff and that, in the meantime, the sign would be removed until a new one is ready for placement. Councillor Abel asked the Chief Administrative Officer when the population sign located on Highway 404 would be updated to better reflect the growth in Aurora. The Chief Administrative Officer noted that this is the responsibility of the Province and usually occurs after a census. XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor Abel Seconded by Councillor Humfryes THAT the following listed by-laws be given first, second, and third readings and enacted: 5365-11 BEING A BY-LAW to delegate certain assigned Council authority under the Ontario Heritage Act regarding the power to consent to alterations of designated heritage properties. 5373-11 BEING A BY-LAW to prohibit and regulate the sale and setting off of fireworks in the Town of Aurora. 5381-11 BEING A BY-LAW to amend Parking By-law Number 4574- 04.T, as amended, with respect to parking on Cosford Street. Council Meeting Minutes Tuesday, November 22, 2011 Page 7 of 8 5382-11 BEING A BY-LAW to establish lands as Highways (Gateway Drive). 5383-11 BEING A BY-LAW to acquire lands for municipal purposes. (Minto Communities Inc.). CARRIED Moved by Councillor Gaertner Seconded by Councillor Ballard THAT the following listed by-law be deferred to the next meeting of Council so that the Clerk can include Section 5.1(h) of the original By-law that was removed without Council consideration. 5330-11 BEING A BY-LAW to govern the procedures of The Council of the Corporation of the Town of Aurora and its Committees and Boards. DEFEATED Moved by Councillor Abel Seconded by Councillor Pirri THAT the following listed by-law be given first, second, and third readings and enacted: 5330-11 BEING A BY-LAW to govern the procedures of The Council of the Corporation of the Town of Aurora and its Committees and Boards. On a recorded vote the motion CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Abel, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Buck, and Gaertner Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following listed by-law be given first, second, and third readings and enacted: 5387-211 BEING A BY-LAW to adopt a Code of Ethics for Members of Council. CARRIED Moved by Councillor Buck Seconded by Councillor Abel THAT the following listed by-law be given first, second, and third readings, and enacted: 5384-11 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting 11-33 on November 22, 2011 CARRIED Council Meeting Minutes Tuesday, November 22, 2011 Page 8 of 8 XV ADJOURNMENT Moved by Councillor Buck Seconded by Councillor Pirri THAT the meeting be adjourned at 8:15 p.m. CARRIED _______________________________ ________________________________ GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 22, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON DECEMBER 13, 2011.