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AGENDA - Council - 20120327PUBLIC RELEASE March 23, 2012 TOWN OF AURORA COUNCIL MEETING AGENDA Tuesday, March 27, 2012 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF II APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. III ADOPTION OF THE MINUTES Council Minutes of February 28, 2012 pg. 1 Special Council Minutes of March 6, 2012 pg. 11 RECOMMENDED: THAT the Council minutes of February 28, 2012 and the Special Council minutes of March 6, 2012 be adopted as printed and circulated. IV PRESENTATIONS Deferred from the February 28, 2012 Council meeting (a) Al Downey, Director of Parks and Recreation Services pg. 14 Re: Community Program Space for Youth (Please bring maps that were provided at the February 28, 2012 Council meeting.) Presenter is requesting an allowance of 30 minutes for the presentation. Council Meeting Agenda Tuesday, March 27, 2012 Page 2 of 7 V PUBLIC SERVICE ANNOUNCEMENTS VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION VIII DELEGATIONS IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Gaertner pg. 88 Re: Sidewalk Policy (ii) Motions for Which Notice Has Been Given Deferred from the February 28, 2012 Council meeting (a) Councillor Humfryes pg. 89 Re: Preserve Heritage Properties XI REGIONAL REPORT XII NEW BUSINESS/GENERAL INFORMATION XIII READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given first, second, and third readings and enacted: Council Meeting Agenda Tuesday, March 27, 2012 Page 3 of 7 5395-12 BEING A BY-LAW to adopt a Municipal pg. 91 Emergency Management Program and to establish an Emergency Response Plan. (CLS12-004 – Council Mar. 27/12) 5404-12 BEING A BY-LAW to repeal By-law 5254-10, pg. 143 being a by-law to designate a property as being of historical and/or architectural value or interest (The George Browning House – 15086-15088 Yonge Street) (Report HAC12-01 – GC Jan.17/12) 5411-12 BEING A BY-LAW to amend Municipal pg. 147 Waterworks Distribution By-law Number 3305-91, as amended. (Report IES12-002 – Council Feb. 14/12) 5416-12 BEING A BY-LAW to appoint employees pg. 149 of the Ontario Parking Control Bureau Corp. as Municipal By-law Enforcement Officers in the Town of Aurora. RECOMMENDED: THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5414-12 BEING A BY-LAW to Confirm Actions by pg. 152 Council Resulting from Council Meeting on March 27, 2012 XIV CLOSED SESSION XV ADJOURNMENT Council Meeting Agenda Tuesday, March 27, 2012 Page 4 of 7 AGENDA ITEMS 1. General Committee Meeting Report of March 20, 2012 pg. 25 RECOMMENDED: THAT the General Committee meeting report of March 20, 2012 be received and the recommendations carried by the Committee be approved. Deferred from the February 28, 2012 Council meeting, Item 1(11) 2. LGL12-003 – Authority to Legislate the Flying of Canadian Flags pg. 31 RECOMMENDED: THAT report LGL12-003 be received; and THAT Council encourages all Town residents who choose to display the National Flag of Canada to do so in a manner that is respectful of our national symbol and is in accordance with federal protocol regarding its display and use. Deferred from the February 28, 2012 Council meeting, Item 1(14) 3. PL12-007 – Public Planning Meeting Notification Process pg. 40 Public Notice RECOMMENDED: THAT report PL12-007 be received for information. Deferred from the February 28, 2012 Council meeting, Item 3 4. Memorandum from Councillor Humfryes pg. 45 Re: Emerald Ash Borer Correspondence and Resolution to Municipalities to Help Raise Awareness Through Councils RECOMMENDED: THAT the memorandum regarding Emerald Ash Borer Correspondence and Resolution to Municipalities to Help Raise Awareness Through Councils be received; and THAT Council provide direction. Council Meeting Agenda Tuesday, March 27, 2012 Page 5 of 7 5. CLS12-004 – Amended Emergency Response Plan pg. 50 RECOMMENDED: THAT Council receive report CLS12-004; and THAT By-law number 5395-12, a By-law to approve the housekeeping amendments to the existing Emergency Response Plan, be enacted. 6. PR12-011 – e-PLAY User Fees pg. 52 RECOMMENDED: THAT report PR12-011 be received for information 7. PR12-012 – Food Vendor Scoring Matrix for 2012 Concert, pg. 56 Movie & Theatre in the Park Events - Revised RECOMMENDED: THAT report PR12-012 be received; and THAT Council approve the revised scoring matrix for the selection of the food vendors for the Concert, Movie and Theatre in the Park events for the 2012 summer season. 8. Memorandum from Mayor Dawe pg. 59 Re: Lake Simcoe Region Conservation Authority Highlights – February 17th Meeting of the Board RECOMMENDED: THAT Council receive the correspondence regarding Lake Simcoe Region conservation Authority Highlights – February 17th Meeting of the Board for information. Council Meeting Agenda Tuesday, March 27, 2012 Page 6 of 7 9. Memorandum from the Director of Customer and Legislative pg. 62 Services/Town Clerk Re: Resolution from York Region, Re: Replacement of Municipal Representative for the Credit Valley, Toronto Region and Central Lake Ontario (CTC) Region Source Protection Committee as required by the Clean Water Act RECOMMENDED: THAT Council receive the correspondence; and THAT Council endorse the recommendation to appoint Don Goodyear as the applicable municipal representative on the Credit Valley, Toronto Region and Central Lake Ontario (CTC) Region Source Protection Committee. 10. Central York Fire Services – Joint Council Committee Meeting pg. 67 Minutes of October 4, 2011, November 1, 2011, and November 22, 2011 RECOMMENDED: THAT the minutes of the Central York Fire Services – Joint Council Committee meetings of October 4, 2011, November 1, 2011, and November 22, 2011 be received for information. 11. CAO12-006 – Terms of Reference – Ad Hoc Committee to pg. 76 Negotiate a New Cultural Services Purchase Agreement RECOMMENDED THAT report CAO12-006 be received; and THAT Council adopt the Terms of Reference for an Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement included as Attachment #1 to report CAO12-006; and Council Meeting Agenda Tuesday, March 27, 2012 Page 7 of 7 THAT the Mayor bring forward names for Council’s consideration at the April 10, 2012 Council meeting for the appointment of: a) two (2) members of Council plus an alternate to the Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement; and b) two (2) representatives of the Aurora Cultural Centre Board of Directors. ADDITIONAL ITEMS FOR COUNCIL MEETING Tuesday, March 27, 2012  New Delegation (a) Bill Hogg, Resident Re: Item 11 – CAO11-006 – Terms of Reference – Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement  New Delegation (b) Klaus Wehrenberg, Resident Re: Item 1 (9) – PR12-007 – Selection/Appointment of a Trails and Active Transportation Sub-Committee  Agenda Pages 80 to 85 – Revised Attachment 1 – (sections that have changed are paragraphs 5.1 and 5.2) Re: Item 11 – CAO12-006 – Terms of Reference – Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement  New Closed Session Re: Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Report No. LGL12-004: Motion to Review the Ontario Municipal Board Decision (OPA No. 73) – Aurora-Leslie Developments Inc. (2C East Lands). RoRAV }raw`re iou Good Cossr�xur�+ Town of Aurora 100 John West Way, Box 1000 Aurora, Ontario L4G 6,11 Phone: 905-727-3123 ext. 4217 Fax: 905-726-4732 Delegation Request wwwaurora.ca Please complete the following form. You may submit it to the Town of Aurora by EITHER: ' Printing and faxing a copy to 905-726-4732 • Saving this file to your computer and emailing it to counc:lsecretari_atstaffra7a ura_ca Once your delegation request is received, the Customer and Legislative Services Department will contact you to confirm receipt. Date � Z/ Meeting date I 2D w _11/lpr�h 3 2012 g arcb� Subject Culture Centre Name jBill Hogg Address Town I City Province Phone (daytime) I. Fax number Do you require any Accessibility Accommodation? Name of group or person(s) being represented, if applicable: Aurora taxpayers Brief statement of issue or purpose of delegation: Support the intention of the motion to create a new agreement that more appropriately represents the best interests of all Aurora taxpayers. '.. Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Town Clerk, Town of Aurora, 100 John West Way, Box 1000, Aurora, Ontario, L4G 6,11, Telephone 905-727-3123 ext. 4217. Customer and Legislative Services 905-727-3123 councilsecretariat@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6,11 DELEGATION/PRESENTATION REQUEST Requests for delegation status, any written submissions and background information for consideration by Council or Committees of Council must be submitted to the Clerk's office by 4.30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING. PLEASE PRINT 3121W 2G 2i4PHI 431; COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE: 46L'2;z' RQ/02 (�f/Ls �/� ifGTi✓� 7e1�(/�o QT�ri Cry aitiii ri` SUBJECT007 /-EW g CAI n� �L Co�LlilrJiT% �if� ) ,r A6� KE/0027- --3 t -elN f O/1l .j-ti-KIV3/q orG /fm Pa�L NAME:`t�'5.�� ADDRESS: ! PHONE: HOM FAX NO.: DO YOU REQUIRE ANY ACCESSIBILITY ACCOMMODATIOt NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable) BRIEF STATEMENT OF ISSUE OR PURPOSE OF DELEGATION / *! Cl©%A/C,' i-o ✓ -e r// ;�W 7irze ©F 7-� Co/Lir10' 66 /111."; � ir../ _rKow /# r� r Ehvf vYr 7-6 f TZE ©/ � c�evyA7l r E Perso%ial information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public. pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act Questions about this collection should be directed to the Town Clerk, Town of Aurora, 100 John West Way, Box 1000, Aurora, ON L4G 6J1, Telephone 905-727-3123, ext4217, IOFC I/O% �/V�� y f/yam �1c r;C r6 f 4-;OvJ rO 7�E CoM*/-Ti �E 4OZL Ar--4RT X96C7ZY To �/VdT %7f OL14VI 07i eg Community Ad Hoc Committee to Negotiate a New Cultural Services Purchase Agreement Terms of Reference Table of Contents 1. Objective 2. Common Values and Principles 3. Scope of Issues 3.1 Town of Aurora Issues 3.2 Aurora Cultural Centre Issues 4. Timeframes and Communication Guidelines 5. Membership, Appointment of Facilitator, and Technical Support 6. Schedule and Conduct of Meetings 7. Appendices (a) Provision of Cultural Services Agreement dated June 9, 2009 (b) Report No. LGL11-011 (Mar Report) (c) Report No. CAO11-017 (Independent Audit Report) (d) Council Resolution from February 28, 2012 (e) Grant Agreement dated June 9, 2009 (f) Lease Agreement for Church Street School dated June 9, 2009 (g) Novita Report (h) Aurora Cultural Centre Board of Directors Resolutions - 1 - 1. Objective 1.1 The primary function of the Ad Hoc Committee is to negotiate the terms of a new Cultural Services Purchase Agreement between the Town of Aurora (the “Town”) and the Church Street School Cultural Centre (o/a the Aurora Cultural Centre) (the “Centre”) for approval by Town Council and the Centre’s Board of Directors. 2. Common Values and Principles 2.1 “Cultural Services” is defined as culture, arts, and heritage services. 2.2 Cultural Services within Aurora are essential in developing a strong sense of community. The provision of cultural programs and opportunities for the residents of Aurora contributes to the goals identified in the Town’s Strategic Plan and adds value to the community. The development of a Cultural Services Purchase Agreement provides an opportunity to promote, nurture, and expand Cultural Services to the residents of Aurora. 2.3 A balanced program of Cultural Services can make a contribution in achieving specific goals in the Town’s Strategic Plan and the Town’s Parks and Recreation Master Plan. 2.4 The Cultural Services Purchase Agreement is an effective tool for the multi-year delivery of Cultural Services within the Town. 2.5 Support for an arm’s length non-profit corporation with charitable status. 2.6 It is acknowledged that early implementation of agreed principles may be initiated prior to the execution of a new Cultural Services Purchase Agreement where its implementation is not specifically prohibited by the current agreement. 3. Scope of Issues 3.1 The topics to be addressed in a new Cultural Services Purchase Agreement include, but are not limited to, the following Town issues: (a) Council and/or Town representation on the Centre’s Board of Directors; (b) Approval by Town Council of the Centre’s operating grant from the Town within the Town’s budget cycle; (c) Monitoring and evaluation tools (e.g., quarterly financials and Key Performance Indicators (“KPIs”)); (d) Care, interpretation and display of heritage artifacts; - 2 - (e) Town access, maintenance, and use of the Church Street School building for Town purposes or joint purposes with the Centre; (f) Program co-ordination; (g) Staff support for Cultural Services initiatives; (h) Open to the public meetings of the Centre’s Board of Directors and Annual General Meetings, and publicly available minutes for all such meetings; and (i) Other issues identified in Report Nos. LGL11-011 (Appendix (b)) and CAO11-017 (Appendix (c)). 3.2 The topics to be addressed in a new Cultural Services Purchase Agreement include, but are not limited to, the following Centre issues: (a) Ensuring integrity, transparency, and accountability between the Town and the Centre; (b) Creating a collaborative environment for the delivery of Cultural Services within Aurora; (c) Contributing to a co-ordinated approach in the provision of Cultural Services; (d) Ensuring a mutually acceptable process to establish multi-year stable core funding to support the Centre’s Strategic Plan (re: programs, staff, etc.); (e) Logistics of Council representation on the Centre’s Board of Directors; (f) Financial reporting and payments: clarify mechanics and focus of annual review of the Centre’s operating grant by the Town – operating budget v. capital budget; annual budget v. long-term funding; eliminate 4th quarter financial report and replace with year end report; audited reports v. non-audited reports; no delay of Town operating grant if compliant with Cultural Services Purchase Agreement upon quarterly filing; timely payout of matching funds agreement; (g) KPIs: creation of outcome-based indicators that relate to program objectives; frequency of reporting; implications of exceeding KPIs v. failure to meet KPIs; (h) Long-term fundraising expectations of the Town and the Centre (e.g., the Town’s operating grant as a percentage of the Centre’s total budget); (i) Aurora Historical Society Collection: ownership & custody (since the Centre does not own or oversee the Aurora Historical Society Collection); time and space allocations; who supervises and pays the salary of the curator; the relationship and agreement with the Aurora Historical Society; (j) Other issues identified in Report No. LGL11-011 (Mar Report); - 3 - (k) Other issues identified in Report No. CAO11-017 (Audit Report) (e.g., clarify when and what triggers an audit and the possible consequences); (l) Official reporting relationship between Town Council and the Centre’s Board of Directors, and the Town’s Chief Administrative Officer and the Centre’s Executive Director; (m) Program coordination: clarify the role of other stakeholders; (n) Clearly defined dispute resolution and amendment process when problems arise with the Cultural Services Purchase Agreement; (o) Termination clause (i.e., termination with cause v. termination without cause); (p) Dissolution clause: distribution of Centre’s assets (including gifts, donations, and fundraising money) upon dissolution of the Centre and communication to/acknowledgement by donors; and (q) Materiality threshold and frequency of reporting with respect to accounts payable. 4. Timeframes and Communication Guidelines 4.1 An agreement by the Centre’s Board of Directors for the appointment of two Town Council representatives to the Board of Directors will be made by March 27, 2012 pending the Centre’s Solicitor’s opinion on required legal steps. 4.2 The Centre’s Board of Directors decision regarding approval of the Centre’s operating grant by Town Council will be made by March 27, 2012. 4.3 Representatives for the Ad Hoc Committee will be selected by Town Council and the Centre’s Board of Directors by April 10, 2012. 4.4 Town Council representatives for the Centre’s Board of Directors will be selected by April 24, 2012. 4.5 Interim Progress Report No. 1 to Town Council: April 24, 2012. Interim Progress Report No. 1 shall include the names of the two Town Council representatives that will be appointed to the Centre’s Board of Directors. 4.6 Interim Progress Report No. 2 to the Town’s General Committee and the Centre’s Board of Directors: June 19, 2012. 4.7 Interim Progress Report No. 3 to Town Council and the Centre’s Board of Directors: August 14, 2012. 4.8 Interim Progress Report No. 4 to the Town’s General Committee and the Centre’s Board of Directors: October 2, 2012. Interim Progress Report - 4 - No. 4 shall contain a draft Cultural Services Purchase Agreement in principle to serve as the basis for a new Cultural Services Purchase Agreement. 4.9 Final draft of a new Cultural Services Purchase Agreement to be completed by December 31, 2012. 4.10 Presentation of the new Cultural Services Purchase Agreement to the Town’s General Committee for consideration and approval: January 15, 2013. The new Cultural Services Purchase Agreement shall be presented to the Centre’s Board of Directors for consideration and approval at a date to be determined by the Centre, but such meeting shall occur prior to the above date. 5. Membership, Appointment of Facilitator, and Technical Support 5.1 The Ad Hoc Committee shall be comprised of the following five equal members: (a) Two members from Town Council, plus one alternate; (b) Two members from the Centre’s Board of Directors, plus one alternate; and (c) One member, who is not a member of Town Council or of the Centre’s Board of Directors, as selected in accordance with paragraph 5.2 below. 5.2 Both parties shall agree on a neutral third party to act as a facilitator/member of the Ad Hoc Committee by April 13, 2012, with the cost for the facilitator/member to be shared equally by the Town and the Centre. 5.3 The term of appointment will be coincidental with the completion of the new Cultural Services Purchase Agreement. 5.4 Technical support to the Ad Hoc Committee shall be provided by the Town’s Chief Administrative Officer (“CAO”), Town Solicitor, Executive Director of the Centre, the Centre’s Solicitor and other staff and other stakeholders as required on behalf of the Town and the Centre. The Executive Assistant to the CAO, or a designate, shall provide administrative support services to the Ad Hoc Committee. 5.5 The two members of Town Council who serve on the Ad Hoc Committee shall not be appointed as Town Council representatives on the Centre’s Board of Directors. - 5 - - 6 - 6. Schedule and Conduct of Meetings 6.1 All four Ad Hoc Committee members (or their alternates) must be present at the Ad Hoc Committee meetings in order for the meeting to proceed. 6.2 The first meeting of the Ad Hoc Committee shall be held the week of April 16, 2012. At the first meeting, the Ad Hoc Committee will establish a meeting schedule based on the availability of all members, taking into account the Interim Progress Report schedule. 6.3 All Ad Hoc Committee meetings and minutes shall be private and confidential. ********