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MINUTES - General Committee - 20150519 TOWN OF AURORA GENERAL COMMITTEE MEETING REPORT Council Chambers Aurora Town Hall Tuesday, May 19, 2015 ATTENDANCE COUNCIL MEMBERS Councillor Gaertner in the Chair; Councillors Abel, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, 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 The Chair called the meeting to order at 7 p.m. Councillor Gaertner relinquished the Chair to Mayor Dawe at 8:31 p.m. and resumed the Chair at 8:34 p.m. during the discussion of Item 4. 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 General Committee approved the agenda as circulated by Legal and Legislative Services, with the following addition:  Closed Session Item 3 – 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: Highland Gate Development Application General Committee Meeting Report Tuesday, May 19, 2015 Page 2 of 11 3. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 3, 4, 5, 6, 7, 8, 13, and 16 were identified for discussion. 4. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1, 9, 10, 11, 12, 14, and were identified as items not requiring separate discussion. General Committee recommends: THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion” be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 1. PL15-037 – Application for Site Plan Approval, Perwick Investments Limited, Northeast Corner of Wellington Street East and John West Way, File: SP-2013- 13 THAT Report No. PL15-037 be received; and THAT Site Plan Application File: SP-2013-13 (Perwick Investments Limited) be approved to permit the development of the subject lands for the construction of a one-storey 1,255 sqm Gross Floor Area (GFA) commercial plaza; and THAT the Mayor and Town Clerk be authorized to execute the Site Plan Agreement, including any and all documents and ancillary agreements required to give effect to same. 9. IES15-037 – Facility Projects Status Report THAT Report No. IES15-037 be received for information. 10. IES15-038 – Strategy for Traffic Signs Installation THAT Report No. IES15-038 be received; and THAT traffic signs and posts in the Town be audited; and THAT road signs be combined onto a single post wherever possible; and THAT unnecessary or redundant signs and posts be removed. General Committee Meeting Report Tuesday, May 19, 2015 Page 3 of 11 11. Memorandum from Manager of Special Projects Re: Private Members Bill 74 – Housing Services Corporation Accountability Act, 2015 THAT the memorandum regarding Private Members Bill 74 – Housing Services Corporation Accountability Act, 2015 be received for information. 12. Aurora Family Leisure Complex Liaison Committee Meeting Minutes of April 24, 2015 THAT the Aurora Family Leisure Complex Liaison Committee meeting minutes of April 24, 2015 be received for information. 14. Accessibility Advisory Committee Meeting Minutes of May 6, 2015 THAT the Accessibility Advisory Committee meeting minutes of May 6, 2015 be received for information. 15. Aurora Family Leisure Complex Liaison Committee Meeting Minutes of May 7, 2015 THAT the Aurora Family Leisure Complex Liaison Committee meeting minutes of May 7, 2015 be received for information. CARRIED 5. DELEGATIONS General Committee approved, on a two-thirds vote, that the requirements of section 3.8(c) of the Procedural By-law be waived to permit the delegation of Terry Kawar, Resident, to speak for more than five (5) minutes. (a) Terry Kawar, Resident Re: Cedar Tree Hedge; Re: Item 2 – LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest) Mr. Kawar provided background information, reviewed his communications with the Town, and presented photographs regarding the cedar tree hedge surrounding his property. He requested Council’s approval to maintain the current location of the evergreen hedge. General Committee received and referred the comments of the delegation to Item 2. 6. PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR None General Committee Meeting Report Tuesday, May 19, 2015 Page 4 of 11 7. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest) General Committee recommends: THAT Report No. LLS15-035 be received; and THAT the request of the owners of 29 Mendy’s Forest to enter into an encroachment agreement with the Town be denied; and THAT the owners of 29 Mendy’s Forest be required to remove any encroachments from the Town’s lands no later than July 15, 2015; and THAT, if the owners refuse to remove any encroachments from the Town’s lands, then Town staff shall remove the encroachments as soon as possible after July 31, 2015; and THAT staff be directed to assist the owner of 29 Mendy’s Forest in relocating the cedar tree hedge, currently located on Town-owned lands, in accordance with the terms of the offer of assistance made by the Town Clerk on February 26, 2015. CARRIED AS AMENDED 3. LLS15-036 – Request for an Encroachment Agreement (50 Pineneedle Drive) General Committee recommends: THAT Report No. LLS15-036 be received; and THAT the request of the owners of 50 Pineneedle Drive to enter into an encroachment agreement with the Town be denied; and THAT the owners of 50 Pineneedle Drive be required to remove any encroachments from the Town’s lands no later than July 15, 2015; and THAT, if the owners refuse to remove any encroachments from the Town’s lands, then Town staff shall remove the encroachments as soon as possible after July 31, 2015. CARRIED General Committee Meeting Report Tuesday, May 19, 2015 Page 5 of 11 4. PL15-041 – Proposed Zoning By-law, Medical Marihuana Production, File: ZBA-2014-02 General Committee recommends: THAT Report No. PL15-041 be received; and THAT staff be directed to schedule the draft Implementing Zoning By-law regulating Medical Marihuana Production for the next Council meeting for enactment; and THAT staff be directed to investigate the possibility of the creation of a Town licensing regime for medical marihuana production facilities aligned to that of the City of Mississauga. CARRIED AS AMENDED 5. PL15-042 – Bill 73 (Proposed Smart Growth for our Communities Act, 2015), an Act to Amend the Development Charges and Planning Acts General Committee recommends: THAT Report No. PL15-042 be received; and THAT Planning and Development Services be authorized to send comments to the Ministry of Municipal Affairs and Housing prior to their June 3, 2015, deadline; and THAT, in addition to supporting the staff comments identified in Report No. PL15-042, Council endorses restoring more decision-making authority for municipalities on local planning matters, and limiting the influence of the Ontario Municipal Board, essentially granting municipalities more powers to manage the demands caused by growth and intensification. CARRIED AS AMENDED 6. PL15-043 – Oak Ridges Moraine Conservation Plan Review (2015) General Committee recommends: THAT Report No. PL15-043 be received; and THAT Council endorse the comments prepared by staff regarding the 2015 Provincial Review of the Oak Ridges Moraine Conservation Plan; and THAT Report No. PL15-043 and related Council resolution be forwarded to York Region and the Ontario Ministry of Municipal Affairs & Housing by their May 28, 2015, deadline. CARRIED General Committee Meeting Report Tuesday, May 19, 2015 Page 6 of 11 General Committee consented on a motion by Councillor Pirri seconded by Councillor Thompson to refer the following items to the Council meeting of May 26, 2015: 7. PR15-013 – Facility Sponsorship Program – Pfaff Motors Inc. 8. Memorandum from Director of Infrastructure & Environmental Services Re: Water Restriction Policy and Sewer and Water Allocation 13. Finance Advisory Committee Meeting Minutes of April 28, 2015 16. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights – April 24, 2015 – Meeting of the Board 8. NOTICES OF MOTION (a) Councillor Gaertner Re: Aurora Family Leisure Complex (AFLC) – Rear Door Access WHEREAS an increasing number of Aurora residents are utilizing the Aurora Family Leisure Complex pool and fitness areas for therapeutic and rehabilitation activities; and WHEREAS the Town of Aurora offers eleven Aqua Fitness classes in the AFLC pool each week, including two classes that are specifically designed to help those suffering with arthritis, many of which are utilized by “older adults”, and two classes that are offered specifically to those persons over 55 years of age; and WHEREAS many of these members are not disabled, just getting older, and do not display a disability parking permit in their vehicle; and WHEREAS the rear entrance of the Complex has offered easier access for those residents with mobility issues for nearly 30 years, but no longer does so; and WHEREAS the parking area at the rear of the Complex is now unusable due to the long walk back to the front entrance; and WHEREAS much of the parking lot at the Complex has a substantial grade encumbering those with mobility issues; and WHEREAS the rear and side parking lot provides the only flat, even area to walk to the Complex; and WHEREAS ensuring that this facility is as accessible as possible, not just to meet legal compliance, but to demonstrate the Town of Aurora's philosophy and spirit of accessibility and inclusivity to enhance the quality of life for all Aurora residents; and General Committee Meeting Report Tuesday, May 19, 2015 Page 7 of 11 WHEREAS resuming access to the Aurora Family Leisure Complex via the rear door entrance would be in keeping with this spirit; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to study the options and costs for users to access the rear door to enter the AFLC and bring this information back to Council as expediently as possible. (b) Councillor Gaertner Re: Draft Tree Protection By-law WHEREAS on January 25, 2011, Council of the Town of Aurora directed the formation of a Town staff, multi-department, Tree Protection By-law Committee, to review the Town's current Tree By-law; and WHEREAS the purpose of the committee was to review the existing Tree By-law and suggest changes and revisions for Council's consideration; and WHEREAS the process to develop the Draft Tree Protection By-law was to include consultation with the public and all stakeholders; and WHEREAS public and stakeholder consultation was accomplished through comprehensive staff discussions with stakeholders, an online survey, and a Public Planning meeting held on April 25, 2012; and WHEREAS staff Report No. PR12-016 was presented at the Public Planning meeting; and WHEREAS staff Report No. PR12-016 spoke to the advantage of the Draft Tree Protection By-law to enable residents to receive better service in the processing of permits, and better enforcement and tree protection for the municipality; and WHEREAS the public and stakeholder consultation process allowed for input and advice on the actual By-Law changes; and WHEREAS the Public Planning meeting was well-attended and included representation from all stakeholders; and WHEREAS the Council direction from the meeting was that the recommendations from staff Report No. PR12-016 be received, and that comments presented at the Public Planning meeting be addressed in a comprehensive report outlining recommendations and options at a future General Committee meeting, and that all parties expressing interest at the Public Planning meeting and stakeholders be advised of the General Committee meeting date; and WHEREAS that meeting was held on October 8, 2013, and Council directed staff to make further revisions and bring the Draft Tree Protection By-law back to Council for comments prior to releasing it again to the public for their input; and General Committee Meeting Report Tuesday, May 19, 2015 Page 8 of 11 WHEREAS the Draft Tree Protection By-Law was discussed by Council again on January 14, 2014, and January 21, 2014; and WHEREAS Council referred the Draft Tree Protection By-law report back to staff without clarifying any next steps in the process; and WHEREAS the Town's February 2015 Pending List makes notes that the matter is "Complete" along with the notation that Town staff reviewed the revised Tree Protection By-law in accordance with the Council direction of January 21, 2014, and determined that the current Tree By-law is satisfactory, and staff will continue to monitor the operation and enforcement of the current Tree By-law and may bring it forward for review to Council should the need arise; and WHEREAS this public process started in 2011 and no Council decision has been made to date on the Draft Tree Protection By-law; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff place the matter of the Draft Tree Protection By-law on a future General Committee agenda for discussion and direction, with a copy of all previous staff reports dealing with this matter as well as a copy of the Town’s current Tree By-law and Tree Destruction Permit; and BE IT FURTHER RESOLVED THAT staff be directed to prepare and bring a comprehensive report to General Committee prior to the end of September 2015 containing a written summary of the review process and all written or verbal input received from the general public at the Public Planning meeting and other Council meetings outlined in this motion; and BE IT FURTHER RESOLVED THAT that staff be directed to provide Council with options for meeting dates for Council to invite the public to comment and offer input on the Draft Tree Protection By-law. (c) Councillor Mrakas Re: Community Recognition Review Ad Hoc Committee WHEREAS volunteers are the driving force of community and without the support of volunteers facilitating the many events, sporting activities and community functions Aurora has become known for, our quality of life would not be the same; and WHEREAS recognizing the value and contributions volunteers make in the Town of Aurora is of primary importance to the municipality; and WHEREAS the Town recognizes the contribution of volunteers to the community through an annual event held each year; and WHEREAS significant annual events should be reviewed from time to time to ensure that the event is the best and most effective it can be; and General Committee Meeting Report Tuesday, May 19, 2015 Page 9 of 11 WHEREAS the annual Community Recognition Event has not been reviewed for a number of years; NOW THEREFORE BE IT HEREBY RESOLVED THAT a “Community Recognition Review Ad Hoc Committee” be established; and BE IT FURTHER RESOLVED THAT the mandate of the Community Recognition Review Ad Hoc Committee be to review and make recommendations to Council on all aspects of the current Community Recognition event including: 1. the criteria and process by which various community recognition awards are currently bestowed; and 2. in the context of other similar community events, ensuring that the Aurora Community Recognition Event demonstrates how important and special our volunteers are and how deserving they are of recognition; and BE IT FURTHER RESOLVED THAT the Community Recognition Review Ad Hoc Committee be comprised of two (2) Members of Council and five (5) citizen members; and BE IT FURTHER RESOLVED THAT in appointing citizen members of the Community Recognition Review Ad Hoc Committee, Council will give preference to applicants who have experience in the volunteer sector and/or community recognition awards; and BE IT FURTHER RESOLVED THAT staff be directed to advertise, in accordance with the provisions of the “Policy for Ad Hoc/Advisory Committees and Local Boards”, for applications from members of the public for appointment to the Community Recognition Review Ad Hoc Committee; and BE IT FURTHER RESOLVED THAT the Chief Administrative Officer be directed to appoint one or more appropriate staff liaisons to support the work of the Community Recognition Review Ad Hoc Committee; and BE IT FURTHER RESOLVED THAT the Community Recognition Review Ad Hoc Committee be required to report back to Council with recommendations for approval in time for preparation of the 2016 Community Recognition Awards. (d) Councillor Abel Re: Library Square Ad Hoc Committee WHEREAS the Town of Aurora has declared the old Library and the old Fire Hall, both on Victoria Street, as surplus properties; and WHEREAS during the last term of Council, the Town engaged the community as to what uses the Library Square might have to better enhance the community at large; General Committee Meeting Report Tuesday, May 19, 2015 Page 10 of 11 NOW THEREFORE BE IT HEREBY RESOLVED THAT that a "Library Square Ad Hoc Committee", to provide Council with advice on a potential vision and design for Library Square, be established; and BE IT FURTHER RESOLVED THAT the Library Square Ad Hoc Committee be comprised of the Mayor, three (3) Councillors, and up to four (4) citizen members; and BE IT FURTHER RESOLVED THAT in appointing citizen members to the Library Square Ad Hoc Committee, Council will give preference to applicants who have experience in planning, architecture, and community gathering design; and BE IT FURTHER RESOLVED THAT staff be directed to advertise, in accordance with the provisions of the "Policy for Ad Hoc/Advisory Committees and Local Boards", for applications from members of the public for appointment to the Library Square Ad Hoc Committee; and BE IT FURTHER RESOLVED THAT the Chief Administrative Officer be directed to appoint one or more appropriate staff liaisons to support the work of the Library Square Ad Hoc Committee. (e) Councillor Humfryes Re: Pedestrian and Vehicle Traffic Concerns – Earl Stewart Drive, Pederson Drive, St. John’s Sideroad East, and Bayview Avenue WHEREAS at the Public Planning meeting of February 25, 2015, Report No. PL15-010 was presented to propose a zoning by-law amendment for approval of a Motor Vehicle Sales Establishment; and WHEREAS pedestrian and vehicle traffic concerns were reported by several residential owners in the area bounded by Earl Stewart Drive, Pedersen Drive, St. John’s Sideroad East, and Bayview Avenue; and WHEREAS residents noted both vehicle and pedestrian accidents at these particular intersections; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to work with York Region to perform appropriate traffic studies in the area bounded by Earl Stewart Drive, Pedersen Drive, St. John’s Sideroad East, and Bayview Avenue, and to report back to Council on the results of those studies including any recommendations for additional safety measures that may be required. General Committee Meeting Report Tuesday, May 19, 2015 Page 11 of 11 9. NEW BUSINESS/GENERAL INFORMATION Councillor Thompson extended his appreciation to everyone that participated or helped with Team Aurora’s achievement of raising more than $7,000, placing fifth overall and first in the municipal challenge, in the Run or Walk for Southlake event held on April 26, 2015. 10. CLOSED SESSION General Committee consented to resolve into a Closed Session meeting, following adjournment, to consider: 1. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board (section 239(2)(e) of the Municipal Act, 2001); Re: PL15-045 – Appeal to the Ontario Municipal Board re Pechen OMB Case No.: PL141323, Committee of Adjustment Variance Applications – D13-(32A-F)-14, 251 Willis Drive, Lot 23, Plan 65M-3219 2. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Staff Performance (Deferred by Council on May 11, 2015) 3. 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: Highland Gate Development Application (Added Item) 11. ADJOURNMENT The meeting was adjourned at 10:02 p.m. WENDY GAERTNER, COUNCILLOR STEPHEN M. A. HUYCKE, TOWN CLERK THE REPORT OF THE GENERAL COMMITTEE MEETING OF MAY 19, 2015, RECEIVED FINAL APPROVAL AND COUNCIL ENDORSEMENT OF THE RECOMMENDATIONS ON MAY 26, 2015 WITH THE EXCEPTION OF ITEMS 2 AND 3 WHICH WERE DEFERRED PENDING A REPORT BACK TO COUNCIL, ITEM 5 WHICH WAS ADOPTED AS AMENDED, ITEM 6 WHICH WAS REFERRED TO A SPECIAL COUNCIL MEETING (DATE TO BE DETERMINED), ITEM 10 WHICH WAS REFERRED TO THE GENERAL COMMITTEE MEETING OF JUNE 2, 2015, AND ITEMS 12 AND 15 WHICH WERE ADOPTED AS RECOMMENDED.