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MINUTES - Special Council - 20011127 TOWN OF AURORA SPECIAL COUNCIL MEETING MINUTES NO. 34-01 Council Chambers Aurora Town Hall Tuesday, November 27, 2001 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair, Councillors Griffith, MacEachern, Pedersen, Timpson, Vrancic, Wallace and West. Councillor Kean was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Planning, Director of Leisure Services, Director of Public Works/Acting Fire Chief, Treasurer and Council/ Committee Secretary. Mayor Jones called the meeting to order at 7:00 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 West Seconded by Councillor Griffith THAT the content of the Agenda be approved as presented. CARRIED III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Item 1 was identified for discussion. IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION None Mayor Jones outlined the procedures that would be followed in the conduct of the public meeting. Aurora Special Council Minutes No. 34-01 Page 2 Tuesday, November 27, 2001 Planning Staff The Director of Planning outlined the background, purpose and issues of concern for staff in relation to the Oak Ridges Moraine Conservation Act, 2001. Mrs Seibert advised of the locations within the Town of Aurora which are affected by this impending legislation and the potential impacts on the Town. Mrs Seibert advised of various concerns, including the short timeframe for consideration of the legislation impeding the ability to conduct a thorough study of the Act, the lack of time for public notification and input, inconsistency in the transition procedures, need for growth management, need for clarity as to where restrictive policies may apply and many other areas of concern which are reflected in the report. V DELEGATIONS Susan Walmer of the ratepayers of Aurora Yonge South Re: Oak Ridges Moraine Conservation Plan Ms Walmer, Chair of the Ratepayers of Aurora Yonge South (RAYS) and ACORN, commended staff of the Town for efforts which have gone into the report, and suggested several further amendments to be forwarded to the Provincial Government in order to ensure the protection and preservation of the Oak Ridges Moraine. Ms Walmer provided a thorough presentation explaining and supporting her added amendments to the legislation, which were provided to staff and Members of Council, and requested that these points be reflected within the Town's list of suggested amendments. VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. PL01-082 - Bill 122, An Act to Conserve the Oak Ridges Moraine by Providing For the Moraine Conservation Plan Public Comments No members of the pubic appeared before Council concerning this report. The public portion of the meeting closed at 7:45 p.m. and Council’s deliberations began. Moved by Councillor Mac Eachern Seconded by Councillor West THAT Council endorse in principle Bill 122 with the following comments and suggested amendments as well as additional comments made by the public:  Adequate time for public hearings should be provided so that a complete and meaningful opportunity for stakeholder input is available to ensure that mapping, legislation and policy documents are complete and accurate and provide the best possible protection to the resources of the Oak Ridges Moraine.  The document should be as clear and concise as possible with the two aspects of this legislation, Bill 122 and the Conservation Plan having distinct and differing roles. Bill 122 should set the parameters that are expanded upon in the Conservation Plan. Interested parties should not have to refer to both documents to understand that settlement areas are specifically excluded from subject to the plan, provided applications have been made. Aurora Special Council Minutes No. 34-01 Page 3 Tuesday, November 27, 2001  The fact that all applications within settlement areas are to be grandfathered is a concern. A more appropriate approach, particularly in Yonge South where no development has yet occurred would be to make all applications subject to the requirements of Conservation Plan thereby avoiding discrepancies and less than optimal environmental management approaches from property to property.  The legislation contains a number of areas where municipalities cannot be more restrictive than the Conservation Plan including in respect to grandfathering. A listing of these areas would assist public understanding of the limitations, opportunities for more restrictive policies, and realistic expectations as to the viability of such policies.  In respect to the widely expressed need for a Provincial Growth Management Strategy, it is clear that one is not forthcoming. Instead somewhat vague discussions of “Smart Growth” have emerged, without a true strategic approach to implementation of this concept. If “Smart Growth” is to be the vehicle for provincial strategic planning then wide and meaningful consultation on the concept with the public should take place.  Section 3.3 on Hydrological Features forms as valuable starting place for broader hydrological approaches. While watersheds in this area start in the ORM, they are not contained within it. Similarly while wellhead protection is an important initiative, Aurora’s wells are not within the ORM. The legislation does not require wellhead protection plans for wells off the ORM or for private wells either on or off of the ORM. An overall water management strategy undertaken as part of the aforementioned Growth Management Strategy is a preferred approach.  Provision should be made to bear municipal and or Conservation Authority costs related to the Hydrological work.  The requirement that upper tier municipalities amend their Official Plans within 12 months of Bill 122 becoming effective and lower tier municipalities 18 months is onerous. Protection against OMB appeals for Official Plan matters is provided for but not for zoning by-laws. Both the preparation of Official Plan amendments and zoning by-law amendments and the potential of OMB appeals have financial implications that municipalities should not have to bear. In the alternative, it is recommended that Minister’s orders be enacted for both Official Plan and Zoning matters as is provided in 9 (9) of Bill 122.  The Henderson Woodlot is an important Natural Heritage area that is contiguous with the Happy Valley Forest. It is about 50% in public ownership, but the remainder could come under pressure for development again. It is requested that the Natural Core Area be extended or Natural Linkage Area designation be applied to reflect the woodlot.  Countryside policies within the Conservation Plan appear to be more permissive than Aurora’s rural policies in respect to manufacture of “value added” products from the farm operation. Aurora’s policies do not permit manufacturing in Rural areas and while a clear understanding of what constitutes “value added” products is not provided, it is inappropriate that more flexible policies would be in effect in the ORM part of the rural area of the municipality than exist elsewhere. The municipality is prohibited from being more restrictive. This clause should be deleted. Municipal Official Plans should form the basis of this policy based on the Conservation Plan. Aurora Special Council Minutes No. 34-01 Page 4 Tuesday, November 27, 2001  Bill 122 in Section 24 provides for penalties for offences for contravention of prohibitions within the Conservation Plan and anyone who fails to prevent offences. Technical assistance should be available to municipalities and their officials to ensure that liability is not extended in this regard.  Bill 122 and the Conservation Plan make no mention of the securement of 440 hectares of sensitive land in Richmond Hill that has been announced as part of the overall package to protect the ORM. It is requested that when negotiations have been finalized, a complete public disclosure of the exchanges of land be made to ensure complete understanding of the arrangements made. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachern Seconded by Councillor Griffith THAT it be requested that the Natural Core Area be extended or Natural Linkage Area designation be applied to the White Rose Spillway. CARRIED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachern Seconded by Councillor Pedersen THAT the end sentence in the twelfth suggested amendment be amended to read as follows: It is requested that a complete public disclosure of the proposed and independently rationalized exchanges of land be made to ensure complete understanding of the arrangements made. CARRIED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachern Seconded by Councillor Griffith THAT the Proposed amendments to the ORM Motion provided by RAYS and ACORN be incorporated into the motion as follows: • That Sections of the Legislation that allow the MInister's order only for amendments or exemptions must be deleted or altered to ensure that a clear, public process with full party participation is required by the Act. • That an Oak Ridges Moraine Commission with responsibilities and function similar to the Niagara Escarpment Commission, is established. • That the Boundaries of each Core and Linkage area must be clarified and NOT be changed in any way that would result in a reduction of each of the proposed Core and Linkage Areas. • That all applications that do not have draft approval including those applications in Urban Settlement Areas and those proposals where a decision has not yet been made by the OMB should also be subject to Bill 122. Aurora Special Council Minutes No. 34-01 Page 5 Tuesday, November 27, 2001 • That to clarify that Municipalities can develop additional policies for the Oak Ridges Moraine which support, complement or exceed the policies of this Plan, Section 8(2) of Bill 122 be changed to "Subject to clauses 5 (c) and (d), an official plan amendment or zoning by-law will not conflict with and will have the same force as the Oak Ridges Moraine Conservation Plan to the extent that its provisions are more restrictive than those in the Plan" • That all Provincial public-held lands, including the OHF and ORC within the Moraine should form the basis of the initialization of the Oak Ridges Moraine Land Foundation. CARRIED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor Wallace THAT the Provincial Government be requested to extend the period of time prior to the passing of bill 122 until the Spring session in March of 2002, in order to provide an opportunity for further public comments. WITHDRAWAL: The motion was withdrawn with the consent of the mover and seconder. On a recorded vote, the main motion was UNANIMOUSLY CARRIED AS AMENDED VII OTHER BUSINESS, COUNCILLORS None VIII ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 8:20 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK