AGENDA - Council - 20210226Town of Aurora
Council Meeting Agenda (Revised)
Date:Tuesday, January 26, 2021
Time:7 p.m.
Location:Video Conference
Pages
1.Procedural Notes
This meeting will be held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
Additional items are marked with an asterisk(*).
2.Approval of the Agenda
3.Declarations of Pecuniary Interest and General Nature Thereof
4.Community Presentations
*4.1.Mark Nykoluk, Senior Project Manager, Capital Planning and Delivery,
York Region Transportation Services; Re: Regional Municipality of York's
Yonge Street Sinkhole Mitigation Project
1
5.Delegations
Note: Anyone wishing to provide comment on an agenda item is encouraged to
visit www.aurora.ca/participation for guidelines on electronic delegation.
6.Consent Agenda
6.1.Council Meeting Minutes of December 15, 2020 14
That the Council meeting minutes of December 15, 2020, be
adopted as circulated.
1.
6.2.Council Closed Session Minutes of December 15, 2020 (confidential
attachment)
That the Council Closed Session minutes of December 15, 2020,
be adopted as circulated.
1.
6.3.Council Closed Session Public Meeting Minutes of December 15, 2020 35
That the Council Closed Session Public meeting minutes of
December 15, 2020, be adopted as circulated.
1.
6.4.Memorandum from Councillor Gaertner; Re: Lake Simcoe Region
Conservation Authority Board Meeting Highlights of November 27, 2020
39
That the memorandum regarding Lake Simcoe Region
Conservation Authority Board Meeting Highlights of November
27, 2020, be received for information
1.
7.Standing Committee Reports
7.1.General Committee Meeting Report of January 12, 2021 43
That the General Committee meeting report of January 12, 2021,
be received and the recommendations carried by the Committee
approved.
1.
7.1.1.CS20-024 - Public Disclosure of Previous Closed Session Items
Report
That Report No. CS20-024 be received; and1.
That section 21(g) be removed from Procedure By-law
No. 6228-19, as amended; and
2.
That an amending by-law be enacted at a future
meeting of Council to confirm this change.
3.
7.1.2.PDS20-072 - Delegated Development Agreements Quarterly
Report
Report & Attachments
That Report No. PDS20-072 be received for
information.
1.
7.1.3.Anti-Black Racism and Anti-Racism Task Force Meeting
Minutes of November 25, 2020
Minutes
That the Anti-Black Racism and Anti-Racism Task Force
meeting minutes of November 25, 2020, be received for
information.
1.
7.1.4.Finance Advisory Committee Meeting Minutes of December 8,
2020
Minutes
That the Finance Advisory Committee meeting minutes
of December 8, 2020, be received for information.
1.
7.1.5.Accessibility Advisory Committee Meeting Minutes of
December 9, 2020
Minutes
That the Accessibility Advisory Committee meeting
minutes of December 9, 2020, be received for
information.
1.
7.1.6.CS21-001 - Annual Report from the Integrity Commissioner
Report Attachment
That Report No. CS21-001 be received for information.1.
7.1.7.PDS21-005 - Town of Aurora Community Energy Plan
Report Attachment
That Report No. PDS21-005 be received; and1.
That Council endorse the attached Town of Aurora
Community Energy Plan; and
2.
That the future capital and operating budget requests
listed in Table 6 of the Energy Plan be considered as
part of the Town’s ten-year capital plan and funding be
considered as part of the budget process.
3.
7.1.8.OPS21-001- Hartwell Way Non-Programmed Park - Public
Consultation
Report Attachment
That Report No. OPS21-001 be received; and1.
That the revised Concept Plan be approved by Council;
and
2.
That staff proceed to detailed design and tendering for
construction of the project; and
3.
That Council rescind the standing direction to
incorporate a leash-free area in all new park designs.
4.
7.1.9.PDS21-004 - Request for Parking By-law Amendment on Tyler
Street
Report Attachment
That Report No. PDS21-004 be received; and1.
That a by-law to amend Parking By-law No. 4574-04.T
be enacted to prohibit parking at any time on the north
side of Tyler Street between George Street and
Harriman Road.
2.
7.1.10.CS21-002 - Anti-Black Racism and Anti-Racism Task Force
Terms of Reference
Report Attachment
That Report No. CS21-002 be received; and1.
That the Terms of Reference (Attachment 1) for the
Anti-Black Racism and Anti-Racism Task Force be
adopted.
2.
7.1.11.PDS21-001 - Application for Draft Plan of Condominium -
Cedartrail Developments Inc. - 14288 Yonge Street
Part of Lot 74, Concession 1, File Number: CDM-2018-02,
Related File Numbers: ZBA-2014-09 and SUB-2014-04
Report Figures1-4 Appendix A Schedule A
That Report No. PDS21-001 be received; and1.
That the Draft Plan of Condominium (Common
Elements Condominium) File No. CDM-2018-02 to
establish a condominium road within Block 1 of the
Cedartrail Developments Inc. Draft Plan of Subdivision
(File No. SUB-2014-04) be approved, subject to the
conditions attached hereto as Schedule ‘A’.
2.
8.Consideration of Items Requiring Discussion (Regular Agenda)
8.1.CS20-025 - Modernized Fence By-law 51
(Deferred from Council meeting of December 15, 2020)
That Report No. CS20-025 be received; and1.
That a new Fence By-law be brought forth and enacted at a
future Council meeting to repeal and replace the current Fence
2.
By-law No. 4753-05.P; and
That an amendment to the Fee’s and Charges By-law be brought
forward to a future Council meeting to implement fees
associated with a fence variance process; and
3.
That an amendment to the Aurora Appeal Tribunal By-law be
brought forward to a future Council meeting for enactment.
4.
9.Motions
10.Regional Report
10.1.York Regional Council Highlights - December 17 and 22, 2020 85
That the Regional Report of December 17 and 22, 2020, be received for
information.
11.New Business
12.By-laws
12.1.By-law Number XXXX-21 - Being a By-law to assume highways on Plan
65M-4407 for public use – Mattamy (Aurora) Limited (Phase 1).
92
12.2.By-law Number XXXX-21 - Being a By-law to designate a property to be
of cultural heritage value or interest (28 Wellington Street West “Alfred
Love House”)
93
(General Committee Report No. PDS20-060, Oct. 20/20 - Report,
Attachments)
13.Closed Session
There are no Closed Session items for this meeting.
14.Confirming By-law
14.1.By-law No. XXXX-21 Being a by-law to confirm actions by Council
resulting from a Council meeting on January 26, 2021.
97
15.Adjournment
SINKHOLE MITIGATION AT YONGE STREET
Henderson Drive to Industrial Parkway South
in the Town of Aurora
Presentation to Aurora Council
January 26, 2021
Page 1 of 97
LOCATED AT THE CROSSING OF YONGE STREET AND GO BARRIE RAIL LINE
2
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PROJECT LOCATED AT A NATURAL LOW POINT IN THE ROAD
3
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PROJECT IS COMPLEX AS SINKHOLES HAVE OCCURRED FOR OVER A DECADE
4
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THE FIX IS RECONSTRUCTING AND EXPANDING AN INFILTRATION GALLERY
5
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ONCE COMPLETED THE ROAD WILL BE SUPPORTED ON A CONCRETE SLAB
6
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WORK WAS AWARDED IN THE SPRING OF 2020
7
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WORK BEGAN WITH CLOSING THE SOUTHBOUND LANES OF YONGE STREET
8
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TO DO THE WORK WE NEEDED TO DRAWDOWN THE WATER TABLE
9
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AFTER WORK BEGAN, GROUND CONDITIONS WERE NOT AS EXPECTED
10
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WORK RESUMED IN WINTER 2020
11
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ADDITIONAL WELLS INSTALLED IN JANUARY 2021
12
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- - -
PROJECT COMPLETION: FALL 2021
Mark Nykoluk, P.Eng., PMP
Senior Project Manager
Transportation Services
1 877 464 9675 ext. 75938
mark.nykoluk@york.ca
The Regional Municipality of York
17250 Yonge Street, Newmarket, Ontario, Canada L3Y 6Z1
york.ca
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1
Town of Aurora
Council
Meeting Minutes
Date:
Time:
Location:
Tuesday, December 15, 2020
7:00 p.m.
Video Conference
Council Members: Mayor Mrakas (Chair)
Councillor Gaertner
Councillor Gallo
Councillor Gilliland
Councillor Humfryes
Councillor Kim
Councillor Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations
Techa van Leeuwen, Director of Corporate Services
Robin McDougall, Director of Community Services
Rachel Wainwright-van Kessel, Director of Finance
David Waters, Director of Planning and Development Services
Eliza Bennett, Acting Manager, Corporate Communications
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Linda Bottos, Council/Committee Coordinator
_____________________________________________________________________
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
The Mayor called the meeting to order at 7:04 p.m.
Council consented to recess the meeting at 9:36 p.m. and reconvened the
meeting at 9:50 p.m.
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Council consented to extend the hour past 10:30 p.m.
The Mayor relinquished the chair to Councillor Kim at 11:05 p.m. during the
consideration of New Business Motion No. 1 and resumed the chair at 11:11 p.m.
2. Approval of the Agenda
Moved by Councillor Thompson
Seconded by Councillor Kim
That the revised agenda as circulated by Legislative Services, including the
following added item, be approved:
Item 6.11 - Library Square Project Monitoring Task Force Meeting Minutes of
November 3, 2020
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
3. Declarations of Pecuniary Interest and General Nature Thereof
Councillor Humfryes declared a pecuniary interest under the Municipal Conflict
of Interest Act, R.S.O. 1990, c. M.50 respecting the third clause of the motion for
item 8.1, Report No. FIN20-030 – 2021 Final Approved Budget, as her spouse is
employed by Central York Fire Services; therefore, she did not take part in the
discussion of, or vote on, any question in respect of the matter.
4. Community Presentations
4.1 Lori Hoyes, President, Aurora Royal Canadian Legion Branch 385, and Bill
Newman, Resident; Re: Proposed Korean War Memorial to Auroran Soldiers
Bill Newman, accompanied by Lori Hoyes, presented a brief history of the
Korean War including Canada’s contribution and shared the names of
eleven Aurorans who served with the Canadian contingent of the United
Nations force seventy years ago, and who returned home safely. He
requested the involvement of the Town and its staff to design and locate a
memorial to the Town's Korean War veterans at the Aurora War Memorial
Peace Park, noting that funding may be available through Veterans Affairs
Canada's Commemorative Partnership Program for Community War
Memorial Funding. Mr. Newman further expressed appreciation to staff
for their research assistance.
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Moved by Councillor Humfryes
Seconded by Councillor Gaertner
That the presentation be received for information.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
5. Delegations
None.
6. Consent Agenda
Moved by Councillor Humfryes
Seconded by Councillor Kim
That the Consent Agenda items, 6.1 to 6.11 inclusive, be approved with the
exception of item 6.10, which was discussed and voted on separately as
recorded below.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
6.1 Council Meeting Minutes of November 24, 2020
1. That the Council meeting minutes of November 24, 2020, be adopted
as circulated.
Carried
6.2 Council Closed Session Minutes of November 17, 2020 (confidential
attachment)
1. That the Council Closed Session minutes of November 17, 2020, be
adopted as circulated.
Carried
6.3 Council Closed Session Public Meeting Minutes of November 17, 2020
1. That the Council Closed Session Public meeting minutes of November
17, 2020, be adopted as circulated.
Carried
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4
6.4 Council Closed Session Minutes of November 24, 2020 (confidential
attachment)
1. That the Council Closed Session minutes of November 24, 2020, be
adopted as circulated.
Carried
6.5 Council Closed Session Public Meeting Minutes of November 24, 2020
1. That the Council Closed Session Public meeting minutes of November
24, 2020, be adopted as circulated.
Carried
6.6 Council Closed Session Minutes of December 1, 2020 (confidential
attachment)
1. That the Council Closed Session minutes of December 1, 2020, be
adopted as circulated.
Carried
6.7 Council Closed Session Public Meeting Minutes of December 1, 2020
1. That the Council Closed Session Public meeting minutes of December
1, 2020, be adopted as circulated.
Carried
6.8 Council Public Planning Meeting Minutes of December 8, 2020
1. That the Council Public Planning meeting minutes of December 8,
2020, be adopted as circulated.
Carried
6.9 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region
Conservation Authority Board Meeting Highlights of October 30, 2020
1. That the memorandum regarding Lake Simcoe Region Conservation
Authority Board Meeting Highlights of October 30, 2020, be received
for information.
Carried
6.10 Memorandum from Mayor Mrakas; Re: Committee Appointments
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Main motion
Moved by Councillor Humfryes
Seconded by Councillor Thompson
1. That Members of Council be appointed to the following Boards and
Committees effective January 2021:
Accessibility Advisory Committee – Councillor John Gallo
Aurora Economic Development Corporation – Mayor Mrakas,
Councillor Harold Kim
Aurora Public Library Board – Councillors John Gallo and Sandra
Humfryes
Aurora Cultural Centre Board – Councillors Wendy Gaertner and
Rachel Gilliland
Community Advisory Committee – Councillor Sandra Humfryes
Environmental Advisory Committee – Councillor Rachel Gilliland
Finance Advisory Committee – Mayor Mrakas, Councillors Michael
Thompson and Harold Kim
Heritage Advisory Committee – Councillor Sandra Humfryes
Joint Council Committee – Councillors Michael Thompson, John
Gallo, and Rachel Gilliland
Lake Simcoe Region Conservation Authority – Councillor Wendy
Gaertner
Amendment
Moved by Councillor Gilliland
Seconded by Councillor Humfryes
That the main motion be amended by adding the following clauses:
“That Councillor Gaertner be appointed to the Environmental Advisory
Committee (EAC); and
That the EAC Terms of Reference be updated to include two Council
representatives on the Committee.”
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
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Main motion as amended
Moved by Councillor Humfryes
Seconded by Councillor Thompson
1. That Members of Council be appointed to the following Boards and
Committees effective January 2021:
Accessibility Advisory Committee – Councillor John Gallo
Aurora Economic Development Corporation – Mayor Mrakas,
Councillor Harold Kim
Aurora Public Library Board – Councillors John Gallo and Sandra
Humfryes
Aurora Cultural Centre Board – Councillors Wendy Gaertner and
Rachel Gilliland
Community Advisory Committee – Councillor Sandra Humfryes
Environmental Advisory Committee – Councillor Rachel Gilliland
Finance Advisory Committee – Mayor Mrakas, Councillors Michael
Thompson and Harold Kim
Heritage Advisory Committee – Councillor Sandra Humfryes
Joint Council Committee – Councillors Michael Thompson, John
Gallo, and Rachel Gilliland
Lake Simcoe Region Conservation Authority – Councillor Wendy
Gaertner; and
2. That Councillor Gaertner be appointed to the Environmental Advisory
Committee (EAC); and
3. That the EAC Terms of Reference be updated to include two Council
representatives on the Committee.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried as amended (7 to 0)
6.11 Library Square Project Monitoring Task Force Meeting Minutes of
November 3, 2020
1. That the Library Square Project Monitoring Task Force meeting
minutes of November 3, 2020, be received for information.
Carried
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7. Standing Committee Reports
Moved by Councillor Humfryes
Seconded by Councillor Gaertner
That the Standing Committee Reports items, 7.1 and 7.2, be approved with the
exception of sub-items 7.1 (7.1.1 and 7.1.9), which were discussed and voted on
separately as recorded below.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
7.1 General Committee Meeting Report of December 1, 2020
7.1.1 FIN20-028 - Q3 2020 Sole and Single Source Report
Moved by Councillor Humfryes
Seconded by Councillor Thompson
1. That Report No. FIN20-028 be received for information.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Carried (7 to 0)
7.1.2 Heritage Advisory Committee Meeting Minutes of November 2, 2020
1. That the Heritage Advisory Committee meeting minutes of
November 2, 2020, be received for information.
Carried
7.1.3 Accessibility Advisory Committee Meeting Minutes of November 11,
2020
1. That the Accessibility Advisory Committee meeting minutes of
November 11, 2020, be received for information.
Carried
7.1.4 Community Advisory Committee Meeting Minutes of November 19,
2020
1. That the Community Advisory Committee meeting minutes of
November 19, 2020, be received for information.
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Carried
7.1.5 Finance Advisory Committee Meeting Minutes of November 26, 2020
1. That the Finance Advisory Committee meeting minutes of
November 26, 2020, be received for information.
Carried
7.1.6 PDS20-075 - Heritage Permit Application, 23 Mark Street, HPA-2020-
02
1. That Report No. PDS20-075 be received; and
2. That Heritage Permit Application File: HPA-2020-02 to permit
the replacement of twenty-seven windows on the existing
dwelling at 23 Mark Street be approved.
Carried
7.1.7 PDS20-076 - Heritage Permit Application, Elmwood Lodge: The
Reuben J. Kennedy House, 15032 Yonge Street, File Number: HPA-
2019-07
1. That Report No. PDS20-076 be received; and
2. That Heritage Permit Application File: HPA-2019-07 to permit
the removal of twelve louvered window shutters on the Reuben
J. Kennedy House at 15032 Yonge Street be refused.
Carried
7.1.8 OPS20-018 - Tree Removal Permit Application - 17 Church Street
1. That Report No. OPS20-018 be received; and
2. That the Tree Removal Permit Application for the removal of
three trees (two Norway Maples, one Silver Maple) and
relocation of one tree 5 (Locust) at 17 Church Street be
approved as presented by the applicant.
Carried
7.1.9 CS20-025 - Modernized Fence By-law
Moved by Councillor Humfryes
Seconded by Councillor Thompson
1. That Report No. CS20-025 be received; and
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2. That a new Fence By-law be brought forth and enacted at a
future Council meeting to repeal and replace the current Fence
By-law No. 4753.05.P; and
3. That an amendment to the Fees and Charges By-law be brought
forward to a future Council meeting to implement fees
associated with a fence variance process; and
4. That an amendment to the Aurora Appeal Tribunal By-law be
brought forward to a future Council meeting for enactment.
Motion to defer
Moved by Councillor Gilliland
Seconded by Councillor Humfryes
That Report No. CS20-025 be deferred to the next Council meeting.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Motion to defer
Carried (7 to 0)
7.1.10 CS20-026 - Pending List Update
1. That Report No. CS20-026 be received; and
2. That items marked “Completed” be removed from the Pending
List.
Carried
7.1.11 FIN20-029 - Annual Cancellation, Reduction or Refund of Property
Taxes under Sections 357 and 358 of the Municipal Act
1. That Report No. FS20-029 be received; and
2. That total property taxes in the amount of $4,072.20 due from
the property owners be adjusted pursuant to Section 357 of the
Municipal Act, 2001, as amended (the Act); and
3. That total property taxes in the amount of $10,923.45 due to the
property owners be adjusted pursuant to Section 358 of the Act;
and
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4. That any associated interest charged applicable to these
adjustments be cancelled in proportion to the total property
taxes adjusted; and
5. That the Director of Finance, Treasurer be directed to remove
said property taxes from the collector’s roll reflecting these
property tax adjustments; and
6. That the Director of Finance, Treasurer be delegated the
authority, to process and remove property taxes from the
collector’s roll reflecting property tax adjustments throughout
the calendar year, as set out in sections 357 and 358 of the
Municipal Act, and with an information report presented to
Council at the end of each calendar year.
Carried
7.1.12 PDS20-071 - Application for Draft Plan of Subdivision, 15370 Leslie
(Skale) Inc., 15370 Leslie Street, Part Lot 2, Concession 2, File
Number: SUB-2019-02, Related File Numbers: ZBA-2017-02 and SP-
2017-02
1. That Report No. PDS20-071 be received; and
2. That the Draft Plan of Subdivision file No. SUB-2019-02 to
create one block on a plan of subdivision to facilitate the future
development of four common elements condominium
townhouse blocks be approved, subject to the conditions of
approval attached hereto as Schedule ‘A’.
Carried
7.2 Budget Committee Meeting Reports of November 2020
7.2.1 Budget Committee Meeting Report of November 9, 2020
1. That the Budget Committee meeting report of November 9,
2020, be received for information.
Carried
7.2.2 Budget Committee Meeting Report of November 16, 2020
1. That the Budget Committee meeting report of November 16,
2020, be received for information.
Carried
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7.2.3 Budget Committee Meeting Report of November 21, 2020
1. That the Budget Committee meeting report of November 21,
2020, be received for information.
Carried
7.2.4 Budget Committee Meeting Report of November 23, 2020
1. That the Budget Committee meeting report of November 23,
2020, be received for information.
Carried
7.2.5 Budget Committee Meeting Report of November 30, 2020
1. That the Budget Committee meeting report of November 30,
2020, be received for information.
Carried
8. Consideration of Items Requiring Discussion (Regular Agenda)
8.1 FIN20-030 - 2021 Final Approved Budget
Council consented to vote separately on the third and sixth clauses of the main
motion as amended.
Main motion
Moved by Councillor Thompson
Seconded by Councillor Kim
1. That Report No. FIN20-030 be received; and
2. That Council approve the operating budget as follows:
a. The 2021 and 2022 operating budget as summarized in
Attachment 1; and
b. Up to a maximum of $69,200 in funding for 2021 from the Library
Square Operating budget to offset any core operating deficits
experienced by the Aurora Cultural Centre that it is unable to fund
through other funding sources; and
c. Up to a maximum of $151,100 in funding for 2021 from the Library
Square Operating budget to offset any relocation driven operating
deficits experienced by the Aurora Cultural Centre that it is unable
to fund through other funding sources; and
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d. The previously approved $50,000 contribution to the Aurora
Cultural Centre in support of the Kaleidoscope in Schools Pilot
program be transferred to 2021; and
e. The water, wastewater and storm water rates that are required in
order to fully fund each of these services as summarized in Table
1; and
f. That the necessary tax and water billing by-laws be enacted at a
future Council meeting; and
3. That a total budget of $12,194,100 and $12,607,600 be approved for
2021 and 2022, respectively relating to the Town’s share for Fire
Services; and
4. That Council approve the capital budget as follows:
a. The 2021 capital budget authority and planned spending by project
as detailed in the budget binder tabled on October 27, 2020 and as
amended in this report and as summarized in Attachments 2 and 3;
and
b. The 2021 capital budget authority and planned spending for the
roads, facilities, fleet and storm sewer repair and replacement
capital programs as detailed in the budget binder tabled on October
27, 2020, as summarized in Table 2 and subject to the rules
detailed in this report; and
c. The funding sources for each capital project as reviewed and
recommended by Budget Committee on November 21, 2020; and
5. That to ensure the Town’s continued compliance with O. Reg 588/17:
a. Staff be directed to apply for a grant opportunity from the
Federation of Canadian Municipalities’ Municipal Asset
Management Program for the development of an updated Asset
Management Plan for the Town of Aurora; and
b. The Town of Aurora commit to the development of an O. Reg
588/17 compliant Asset Management Plan as per its submitted
proposed project to the Federation of Canadian Municipalities’
Municipal Asset Management Program to advance its asset
management program; and
c. The Town of Aurora commit $20,000 of its capital budget toward
the costs of this initiative; and
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6. That Council approve debt authority to support the capital plan as
follows:
a. Debt authority of up to $3,375,000 for the Hallmark Baseball
Diamonds project; and
b. Debt authority of up to $8,200,000 for the SARC Gymnasium capital
project; and
c. Treasurer be authorized to proceed with the next steps in the
acquisition of the approved debt authority; and
7. That the reconciliation of the 2021 to 2022 operating budgets to the
full accrual basis of accounting, as required under Ontario Regulation
284/09, as summarized in Attachment 4 be endorsed.
Amendment No. 1
Moved by Councillor Thompson
Seconded by Councillor Kim
That clause 2.a. of the main motion be amended by adding the following
wording:
“That the net revenue from Supplementary taxes amount for 2021 be
increased from 200,000 to 275,000; and
That the increase to the Cash to Capital contribution for 2021 be
reduced by $200,000; and
That the Treasurer adjust the multi-year contingency in 2022 to
maintain the planned 2.9% tax levy in that year.”
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
Amendment No. 2
Moved by Councillor Gallo
Seconded by Councillor Gilliland
That the main motion be amended by adding the following wording:
“That all additional FTE funded by the tax levy be removed; and
That the Sport and Community Development Specialist position remain
as a contract position until 2022; and
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That the Financial Systems and Policy Advisor position remain as a
contract position until 2022.”
Yeas (2): Councillor Gallo, and Councillor Gilliland
Nays (5): Mayor Mrakas, Councillor Gaertner, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Defeated (2 to 5)
Amendment No. 3
Moved by Councillor Gilliland
Seconded by Councillor Gallo
That the main motion be amended by adding the following wording:
“That the Library Square 2021 operating budget of $240,000 be
deferred to the 2022 budget.”
Yeas (2): Councillor Gallo, and Councillor Gilliland
Nays (5): Mayor Mrakas, Councillor Gaertner, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Defeated (2 to 5)
Amendment No. 4
Moved by Councillor Gaertner
Seconded by Councillor Thompson
That clause 2.a. of the main motion be amended by adding the following
wording:
“That a pilot project to have the Tamarac Green Park walkway plowed
during the 2020/2021 winter season be approved and that staff report
back to Council on the results.”
Yeas (5): Mayor Mrakas, Councillor Gaertner, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Nays (2): Councillor Gallo, and Councillor Gilliland
Carried (5 to 2)
Main motion as amended (excluding third and sixth clauses)
Moved by Councillor Thompson
Seconded by Councillor Kim
1. That Report No. FIN20-030 be received; and
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2. That Council approve the operating budget as follows:
a. The 2021 and 2022 operating budget as summarized in
Attachment 1; and
That the net revenue from Supplementary taxes amount for 2021 be
increased from 200,000 to 275,000; and
That the increase to the Cash to Capital contribution for 2021 be
reduced by $200,000; and
That the Treasurer adjust the multi-year contingency in 2022 to
maintain the planned 2.9% tax levy in that year; and
That a pilot project to have the Tamarac Green Park walkway plowed
during the 2020/2021 winter season be approved and that staff
report back to Council on the results; and
b. Up to a maximum of $69,200 in funding for 2021 from the Library
Square Operating budget to offset any core operating deficits
experienced by the Aurora Cultural Centre that it is unable to fund
through other funding sources; and
c. Up to a maximum of $151,100 in funding for 2021 from the Library
Square Operating budget to offset any relocation driven operating
deficits experienced by the Aurora Cultural Centre that it is unable
to fund through other funding sources; and
d. The previously approved $50,000 contribution to the Aurora
Cultural Centre in support of the Kaleidoscope in Schools Pilot
program be transferred to 2021; and
e. The water, wastewater and storm water rates that are required in
order to fully fund each of these services as summarized in Table
1; and
f. That the necessary tax and water billing by-laws be enacted at a
future Council meeting; and
3. (voted on separately)
4. That Council approve the capital budget as follows:
a. The 2021 capital budget authority and planned spending by project
as detailed in the budget binder tabled on October 27, 2020 and as
amended in this report and as summarized in Attachments 2 and 3;
and
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b. The 2021 capital budget authority and planned spending for the
roads, facilities, fleet and storm sewer repair and replacement
capital programs as detailed in the budget binder tabled on October
27, 2020, as summarized in Table 2 and subject to the rules
detailed in this report; and
c. The funding sources for each capital project as reviewed and
recommended by Budget Committee on November 21, 2020; and
5. That to ensure the Town’s continued compliance with O. Reg 588/17:
a. Staff be directed to apply for a grant opportunity from the
Federation of Canadian Municipalities’ Municipal Asset
Management Program for the development of an updated Asset
Management Plan for the Town of Aurora; and
b. The Town of Aurora commit to the development of an O. Reg
588/17 compliant Asset Management Plan as per its submitted
proposed project to the Federation of Canadian Municipalities’
Municipal Asset Management Program to advance its asset
management program; and
c. The Town of Aurora commit $20,000 of its capital budget toward
the costs of this initiative; and
6. (voted on separately)
7. That the reconciliation of the 2021 to 2022 operating budgets to the
full accrual basis of accounting, as required under Ontario Regulation
284/09, as summarized in Attachment 4 be endorsed.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried as amended (7 to 0)
Third clause of main motion as amended
Moved by Councillor Thompson
Seconded by Councillor Kim
3. That a total budget of $12,194,100 and $12,607,600 be approved for
2021 and 2022, respectively relating to the Town’s share for Fire
Services.
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17
Yeas (6): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Kim, and Councillor Thompson
Absent (1): Councillor Humfryes
Carried as amended (6 to 0)
Sixth clause of main motion as amended
Moved by Councillor Thompson
Seconded by Councillor Kim
6. That Council approve debt authority to support the capital plan as
follows:
a. Debt authority of up to $3,375,000 for the Hallmark Baseball
Diamonds project; and
b. Debt authority of up to $8,200,000 for the SARC Gymnasium capital
project; and
c. Treasurer be authorized to proceed with the next steps in the
acquisition of the approved debt authority.
Yeas (6): Mayor Mrakas, Councillor Gaertner, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Nays (1): Councillor Gallo
Carried as amended (6 to 1)
8.2 FIN20-031 - 2020 Interim Forecast Update Report - as of October 31, 2020
Moved by Councillor Kim
Seconded by Councillor Thompson
1. That Report No. FIN20-031 be received for information.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
8. Motions
None.
10. Regional Report
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18
10.1 York Regional Council Highlights - November 19, 2020
Moved by Councillor Thompson
Seconded by Councillor Kim
That the Regional Report of November 19, 2020, be received for
information.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
11. New Business
Councillor Gilliland requested clarification on the criteria and interpretation of the
Request for Proposal released by the Town for fundraising initiatives for Library
Square, and staff provided a response.
Councillor Gilliland inquired about the status of the Town's response to the
COVID-19 pandemic, and the Mayor confirmed that the Town remains in a state
of emergency.
Mayor Mrakas provided an update on the second meeting of the Small Urban
GTHA Mayors (formerly the GTA Countryside Mayors) held today and noted his
appointment as Chair of the group for the next year.
Mayor Mrakas advised that he would be supporting a motion this week at
Regional Council to request that the federal government amend the Canada
Emergency Rent Subsidy (CERS) program to include any restaurant or business
that opened at any time in 2020.
Mayor Mrakas requested that Council take a leadership role and agree to not
receive a Cost of Living Adjustment (COLA) for the year 2021.
New Business Motion No. 1
Moved by Mayor Mrakas
Seconded by Councillor Gallo
That Members of Council forgo the Cost of Living Adjustment (COLA) in the year
2021.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
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19
Councillor Gaertner noted the current hospital capacity issues due to the COVID-
19 pandemic and encouraged residents to remain vigilant and stay safe.
Councillor Gaertner acknowledged the great success of the recent Aurora
Christmas Market and Hanukkah celebrations.
Mayor Mrakas announced and congratulated the recently appointed citizen
members of the new Environmental Advisory Committee: Margaret Baker; Barry
Bridgeford; Colin Brown; Sam Cunningham; Ashley Gatto Casagrande; Ryan
Hamid; Alexander Hudson; and Crystal Robertson.
Mayor Mrakas announced and congratulated the recently appointed citizen
members of the Community Advisory Committee: Earl Cochrane; and Shivangi
Bagga.
12. By-laws
Main motion
Moved by Councillor Thompson
Seconded by Councillor Kim
That the following by-law be enacted:
12.1 By-law No. 6300-20 - Being a By-law to levy Interim Property Taxes for the
2021 taxation year.
Amendment
Moved by Councillor Thompson
Seconded by Councillor Humfryes
That By-law No. 6300-20 be amended by the addition of the following wording:
“That, at the discretion of the Director of Finance, accounts that were in
arrears in 2019 not be provided with relief and that the Treasurer be able to
provide relief for penalties on taxes to those demonstrating financial hardship
related to COVID-19.”
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
Main motion as amended
Moved by Councillor Thompson
Seconded by Councillor Kim
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20
That the following by-law, item 12.1, be enacted as amended by the addition of
the following wording: “That, at the discretion of the Director of Finance,
accounts that were in arrears in 2019 not be provided with relief and that the
Treasurer be able to provide relief for penalties on taxes to those demonstrating
financial hardship related to COVID-19.”
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
12.1 By-law No. 6300-20 - Being a By-law to levy Interim Property Taxes for the
2021 taxation year.
Moved by Councillor Gaertner
Seconded by Councillor Thompson
That the following by-laws, items 12.2 and 12.3, be enacted:
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
12.2 By-law No. 6301-20 - Being a By-law to establish lands, forming part of
Centre Street, as a highway.
12.3 By-law No. 6302-20 - Being a By-law to authorize the expropriation of certain
lands for the purpose of road widening and other road improvements,
including the construction of a right-turn lane, at the northwest corner of
Yonge Street and Wellington Street West, to accommodate The Corporation
of the Town of Aurora’s road widening project.
13. Closed Session
None.
14. Confirming By-law
14.1 By-law No. 6303-20 - Being a By-law to confirm actions by Council resulting
from a Council meeting on December 15, 2020
Moved by Councillor Gaertner
Seconded by Councillor Humfryes
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21
That the confirming by-law be enacted.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
15. Adjournment
Mayor Mrakas, on behalf of Council, extended best wishes to all residents and
businesses for a happy and safe holiday season, and reminded everyone to
follow the public health safety guidelines and to support local businesses.
Moved by Councillor Thompson
Seconded by Councillor Kim
That the meeting be adjourned at 11:22 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
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1
Town of Aurora
Council Closed Session Public
Meeting Minutes
Date:
Time:
Location:
Tuesday, December 15, 2020
5:45 p.m.
Video Conference
Council Members: Mayor Mrakas (Chair)
Councillor Gaertner
Councillor Gallo
Councillor Gilliland
Councillor Humfryes
Councillor Kim
Councillor Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
David Waters, Director of Planning and Development Services
(departed 6:20 p.m.)
Robin McDougall, Director of Community Services (arrived 6:20
p.m.)
John Firman, Manager, Business Support Services (arrived 6:20
p.m.)
Jason Gaertner, Manager, Financial Management (arrived 6:20
p.m.)
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
_____________________________________________________________________
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
The Chair called the meeting to order at 5:46 p.m.
Council consented to resolve into a Closed Session at 5:46 p.m.
Page 35 of 97
2
Council reconvened into open session at 6:59 p.m.
2. Approval of the Agenda
Moved by Councillor Kim
Seconded by Councillor Gilliland
That the confidential Council Closed Session agenda be approved.
Carried
3. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
4. Consideration of Items Requiring Discussion
Moved by Councillor Gaertner
Seconded by Councillor Gilliland
That Council resolve into a Closed Session to consider the following matters:
1. Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board; (Section 239(2)(e) of the
Municipal Act, 2001); Re: Council Closed Session Report No. PDS20-079 –
Proposed Settlement of Minor Variance Appeal, 2573342 Ontario Limited,
107 Ridge Road, Part Lot 20, Plan 132 File Number: MV 2019-25 A, B and C
2. A proposed or pending acquisition or disposition of land by the municipality
or local board; (Section 239(2)(c) of the Municipal Act, 2001); Re: Council
Closed Session Report No. CMS20-031 – Proposed Facility Purchase –
Financial Information
Carried
4.1 Council Closed Session Report No. PDS20-079 – Proposed Settlement of
Minor Variance Appeal, 2573342 Ontario Limited, 107 Ridge Road, Part Lot
20, Plan 132, File Number: MV-2019-25 A, B and C
Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board (Section 239(2)(e) of
the Municipal Act, 2001)
Page 36 of 97
3
Moved by Councillor Humfryes
Seconded by Councillor Kim
1. That Council Closed Session Report No. PDS20-079 be referred back
to staff.
Yeas (5): Mayor Mrakas, Councillor Gallo, Councillor Humfryes, Councillor
Kim, and Councillor Thompson
Absent (2): Councillor Gaertner and Councillor Gilliland
Carried (5 to 0)
4.2 Council Closed Session Report No. CMS20-031 – Proposed Facility
Purchase – Financial Information
A proposed or pending acquisition or disposition of land by the
municipality or local board (Section 239(2)(c) of the Municipal Act, 2001)
Moved by Councillor Gallo
Seconded by Councillor Humfryes
1. That Council Closed Session Report No. CMS20-031 be received; and
2. That the confidential direction to staff be confirmed.
Yeas (6): Mayor Mrakas, Councillor Gallo, Councillor Gilliland, Councillor
Humfryes, Councillor Kim, and Councillor Thompson
Absent (1): Councillor Gaertner
Carried (6 to 0)
5. Confirming By-law
5.1 By-law No. 6299-20 Being a By-law to confirm actions by Council resulting
from a Council Closed Session on December 15, 2020
Moved by Councillor Humfryes
Seconded by Councillor Kim
That the confirming by-law be enacted.
Carried
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4
6. Adjournment
Moved by Councillor Kim
Seconded by Councillor Gallo
That the meeting be adjourned at 7:06 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
Page 38 of 97
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Memorandum
Councillor’s Office
Re: Lake Simcoe Region Conservation Authority
Board Meeting Highlights of November 27, 2020
To: Mayor and Members of Council
From: Councillor Wendy Gaertner
Date: January 26, 2021
Recommendation
1. That the memorandum regarding Lake Simcoe Region Conservation Authority
Board Meeting Highlights of November 27, 2020, be received for information.
Page 39 of 97
Board Meeting Highlights
November 27, 2020
Announcements:
a) Chair Emmerson advised that Mayor Bath-Hadden, LSRCA’s representative from the
Township of Brock, recently announced that due to some health issues, she is taking a leave
of absence. Chair Emmerson sent best wishes to Mayor Bath-Hadden on behalf of the Board
on a speedy recovery.
b) Chair Emmerson was pleased to announce that Rob Baldwin, currently General Manager,
Planning & Development and Watershed Restoration Services, has been named the
Authority’s next CAO effective January 1, 2021, upon the retirement of the current CAO
Mike Walters.
Presentations:
a) Stormwater Optimization Study Update
General Manager, Integrated Watershed Management, Ben Longstaff, along with a Tracy
Patterson, a consultant with Freeman Associates, provided an update on the Stormwater
Optimization Study, also known as the Equitable Responsibility for Transformational Design:
Optimization of stormwater management within the East Holland River watershed. This study
was formed in response to growing challenges in stormwater management. The East Holland
River was selected as the pilot watershed to test the hypothesis that improved environmental
outcomes can be realized at lower capital and operating costs via a systemic, watershed -based
approach to stormwater management planning that includes siting centralized and distributed
infrastructure on both publicly-owned and privately-owned properties. Funded by Federal
grants, watershed municipalities, Lake Simcoe Conservation Foundation, and Sustainable
Technology Evaluation Program partners, the study began in 2018. Project stages included : (1)
formation of advisory committee and model selection; (2) watershed characterization and data
compilation; (3) current state model development and calibration; (4) future state model
development and screening; (5) future state simulations to test study principles; (5) reporting
and communications.
The study was able to demonstrate that (i) optimization modeling will lead to more cost
effective SWM strategies; (ii) most cost effective SWM strategies are achieved when private
and public lands are considered; and (iii) most cost -effective strategies are achieved when
stormwater is planned and managed at a watershed rather than jurisdictional scale. In addition,
immediate opportunities to improve stormwater planning and management within the East
Holland River were identified.
Page 40 of 97
LSRCA Board of Directors
Meeting Highlights – October 30, 2020
Page 2 of 3
Technical and non-technical study reports are currently being finalized and will be available in
early December. These reports will outline the study methodology, study findings and will make
a series of recommendations.
To view this presentation, please click this link: Stormwater Optimization Study
For more information on the stormwater optimization study, please contact Ben Longstaff at
b.longstaff@lsrca.on.ca
b) Response to Bill 229
Chief Administrative Officer, Mike Walters, provided an overview of the changes to the
Conservation Authorities Act and the Planning Act as outlined in the Provincial Bill 229, Protect,
Support and Recover from COVID-19 (Budget Measures), 2020. In 2018, the Province began a
review of Conservation Authority operations, following which Bill 108, More Homes, More
Choice Act was introduced, and Schedule 2 specifically amending the Conservation Authorities
Act with the following three key goals in mind: to improve consistency and transparency of the
programs and services that conservation authorities deliver; to provide additional oversight for
municipalities and the province; and to streamline conservation permitting and land use
planning reviews to increase accountability, consistency, and transparency.
Conservation authorities have demonstrated willingness to work with the Province and have
since been working to meet these expectations by: adopting consistent By-Laws by December
2018; implementing best management practices regarding governance and administration;
voluntarily reducing timelines for issuance of permits based on the previous Conservation
Authority Liaison Committee requirements; initiating client centric service training and
monitoring protocols to document improvements in service delivery, and attending a series of
consultation sessions with the Minster and provincial staff.
Additionally, Conservation Ontario, on behalf of all 36 conservation authorities, has been
consistently trying to engage the Province to clarify their concerns and discuss a path forward
for conservation authorities to work collectively to achieve the Province’s desired outcomes.
Unfortunately, the amendments introduced in Schedule 6 of Bill 229 show no regard for these
efforts, do not reflect the discussions during consultations, and would seem ill conceived
containing several unintended consequences which either conflict with other existing pieces of
legislation and/or are counterproductive to their stated objectives. In fact, none of the
recommendations put forth by conservation authorities have been considered in the
amendments, including long awaited tools to assist with permitting and enforcement. Simply
put, the changes will not achieve the objectives of the Province, objectives that all 36
Conservation Authorities share. Rather, many are potentially contrary leading to increased red
tape, additional costs to taxpayers, and placing Ontario’s residents and environment at risk.
The proposed changes significantly diminish our ability to protect Ontario’s environment and
ensure people and property are safe from natural hazards by not being able to apply
Page 41 of 97
LSRCA Board of Directors
Meeting Highlights – October 30, 2020
Page 3 of 3
watershed-based decisions on new development. Additionally, the unintended consequences
associated with amendments to permitting will ultimately create more red tape, delays,
disruption, and costs which would need to be borne by the taxpayer.
The outcomes are contrary to the Province’s goals and plans for economic recovery as is the
decision to repeal enforcement tools previously considered. Without these tools our Authority
cannot meet the intent of the Conservation Authorities Act and effectively enforce Section 28
of Ontario Regulation 179/06. Inadvertently the result is that violators will benefit from our
limited ability resulting in further environmental degradation and risk to people and property.
Finally, the significant changes to governance involving the ‘Duty to Members’ section of the
Conservation Authorities Act that would have municipal representatives on conservation
authority Boards act in the interests of their own municipality rather than the conservation
authority’s interests is fundamentally flawed.
To view this presentation, please click this link: Bill 229, Schedule 6 Proposed Amendments.
Correspondence and Staff Reports:
There were no correspondence items or staff reports for this meeting.
For more information or to see the full agenda package, visit LSRCA’s Board of Directors’
webpage.
Page 42 of 97
1
Town of Aurora
General Committee
Meeting Report
Date:
Time:
Location:
Tuesday, January 12, 2021
7:00 p.m.
Video Conference
Council Members: Mayor Mrakas
Councillor Kim
Councillor Gaertner
Councillor Humfryes
Councillor Thompson
Councillor Gilliland
Members Absent: Councillor Gallo
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Techa van Leeuwen, Director of Corporate Services
Allan Downey, Director of Operations
David Waters, Director of Planning and Development Services
Robin McDougall, Director of Community Services
Rachel Wainwright-van Kessel, Director of Finance
Eliza Bennett, Acting Manager, Corporate Communications
Patricia De Sario, Town Solicitor
Anca Mihail, Manager, Engineering Services
Natalie Kehle, Analyst, Energy and Climate Change
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Ishita Soneji, Council/Committee Coordinator
_____________________________________________________________________
Page 43 of 97
2
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
The Chair called the meeting to order at 7:01 p.m.
Mayor Mrakas announced that Aurora Town Council will be holding a Special
Meeting of Council on January 19, 2021 to receive information regarding the
recently announced Province wide state of emergency and stay-at-home orders.
General Committee consented to recess the meeting at 9:39 p.m. and
reconvened the meeting at 9:52 p.m.
2. Approval of the Agenda
General Committee approved the revised agenda as circulated by Legislative
Services, including the following added items:
Delegation 5.1 - Alexandra L., Elementary School Student; Re: Item 8.2 -
PDS21-005 - Town of Aurora Community Energy Plan
Delegation 5.2 - Valerie S. and Sumaya C., Elementary School Student; Re:
Item 8.2 - PDS21-005 - Town of Aurora Community Energy Plan
Delegation 5.3 - Darryl Moore, Resident; Re: Backyard Hens
Item 7.3 - Accessibility Advisory Committee Meeting Minutes of December 9,
2020
3. Declarations of Pecuniary Interest and General Nature Thereof
Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50>.
4. Community Presentations
None.
Page 44 of 97
3
5. Delegations
5.1 Alexandra L., Elementary School Student; Re: Item 8.2 - PDS21-005 - Town
of Aurora Community Energy Plan
Alexandra L. spoke in support of the Community Energy Plan highlighting
its benefits and positive impact on the community and the residents,
including reduction of green house gas emissions, increased savings with
implementation of solar panels and electrical vehicles, and creation of
jobs in the community. General Committee extended their regards to the
delegate for her effort.
General Committee received and referred the comments of the delegation
to Item 8.2.
5.2 Valerie S. and Sumaya C., Elementary School Students; Re: Item 8.2 -
PDS21-005 - Town of Aurora Community Energy Plan
Valerie S and Sumaya C spoke in support of the Community Energy Plan
highlighting the benefits of developing an eco-friendly and sustainable
environment through the implementation of the plan. General Committee
extended their regards to the students for their efforts.
General Committee received and referred the comments of the delegation
to Item 8.2.
5.3 Darryl Moore, Resident; Re: Backyard Hens
Darryl Moore provided background information and spoke to the benefits
of backyard urban hens including positive environmental impact and
animal welfare. He requested that Town initiate a pilot project permitting
the keeping of urban hens.
General Committee received the comments of the delegation.
6. Consent Agenda
General Committee considered Item 6.1 after Section 7 – Advisory Committee
Meeting Minutes and prior to Item 8.1.
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4
6.1 CS20-024 - Public Disclosure of Previous Closed Session Items
General Committee recommends:
1. That Report No. CS20-024 be received; and
2. That section 21(g) be removed from Procedure By-law No. 6228-19, as
amended; and
3. That an amending by-law be enacted at a future meeting of Council to
confirm this change.
Carried as amended
6.2 PDS20-072 - Delegated Development Agreements Quarterly Report
General Committee recommends:
1. That Report No. PDS20-072 be received for information.
Carried
7. Advisory Committee Meeting Minutes
General Committee recommends:
That the Advisory Committee meeting minutes, 7.1 to 7.3, be received for
information.
7.1 Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of
November 25, 2020
1. That the Anti-Black Racism and Anti-Racism Task Force meeting
minutes of November 25, 2020, be received for information.
Carried
7.2 Finance Advisory Committee Meeting Minutes of December 8, 2020
1. That the Finance Advisory Committee meeting minutes of December 8,
2020, be received for information.
Carried
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5
7.3 Accessibility Advisory Committee Meeting Minutes of December 9, 2020
1. That the Accessibility Advisory Committee meeting minutes of
December 9, 2020, be received for information.
Carried
8. Consideration of Items Requiring Discussion (Regular Agenda)
8.1 CS21-001 - Annual Report from the Integrity Commissioner
Janice Atwood, Integrity Commissioner, Principles Integrity, presented a
brief overview of the annual integrity commissioner report and
background information regarding the services of an integrity
commissioner including policy development and education, advice, and
complaint investigation and resolution. She emphasized the importance of
maintaining transparency with the members of public and noted that the
Town has adapted well in maintaining this with the virtual meeting format
due to the pandemic.
General Committee recommends:
1. That Report No. CS21-001 be received for information.
Carried
8.2 PDS21-005 - Town of Aurora Community Energy Plan
General Committee consented to allow additional time as required for the
presentation.
Consultants Susan Hall, Partner and Project Lead, LURA Consulting, Claire
MacGregor Rodger, Climate & Energy Planner, ICLEI, and Megan Meaney,
Executive Director, ICLEI, provided an overview of the Town of Aurora
Community Energy Plan (CEP) detailing the need and development of the
CEP, energy consumption and greenhouse gas emissions produced by the
Town, strategies to reduce energy and greenhouse gases and its
cumulative impact, implementation of the CEP, and the next steps.
General Committee recommends:
1. That Report No. PDS21-005 be received; and
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6
2. That Council endorse the attached Town of Aurora Community Energy
Plan; and
3. That the future capital and operating budget requests listed in Table 6
of the Energy Plan be considered as part of the Town’s ten-year capital
plan and funding be considered as part of the budget process.
Carried
8.3 OPS21-001- Hartwell Way Non-Programmed Park - Public Consultation
General Committee recommends:
1. That Report No. OPS21-001 be received; and
2. That the revised Concept Plan be approved by Council; and
3. That staff proceed to detailed design and tendering for construction of
the project; and
4. That Council rescind the standing direction to incorporate a leash-free
area in all new park designs.
Carried
8.4 PDS21-004 - Request for Parking By-law Amendment on Tyler Street
General Committee recommends:
1. That Report No. PDS21-004 be received; and
2. That a by-law to amend Parking By-law No. 4574-04.T be enacted to
prohibit parking at any time on the north side of Tyler Street between
George Street and Harriman Road.
Carried
8.5 CS21-002 - Anti-Black Racism and Anti-Racism Task Force Terms of
Reference
General Committee recommends:
1. That Report No. CS21-002 be received; and
Page 48 of 97
7
2. That the Terms of Reference (Attachment 1) for the Anti-Black Racism
and Anti-Racism Task Force be adopted.
Carried
8.6 PDS21-001 - Application for Draft Plan of Condominium - Cedartrail
Developments Inc. - 14288 Yonge Street
Part of Lot 74, Concession 1, File Number: CDM-2018-02, Related File
Numbers: ZBA-2014-09 and SUB-2014-04
General Committee recommends:
1. That Report No. PDS21-001 be received; and
2. That the Draft Plan of Condominium (Common Elements
Condominium) File No. CDM-2018-02 to establish a condominium road
within Block 1 of the Cedartrail Developments Inc. Draft Plan of
Subdivision (File No. SUB-2014-04) be approved, subject to the
conditions attached hereto as Schedule ‘A’.
Carried
9. Notices of Motion
None.
10. New Business
Councillor Gilliland inquired about the possibility of conducting a virtual bike
event to encourage active transportation and healthy active living, and staff
agreed to follow up.
Councillor Gaertner referred to residents' concerns regarding construction on
weekends and inquired about the noise regulation under the current emergency
plan regulations, and staff provided a response noting that noise regulations
during the pandemic were suspended to enable deliveries at construction sites
and further clarification regarding permitted construction will be provided at the
Special Meeting of Council on January 19, 2021.
Councillor Gaertner referred to the Occasional Use on Street Parking program
rollout and requested if the program can be suspended for the duration of the
Provincial stay-at-home orders, and staff agreed to follow up.
Page 49 of 97
8
Councillor Thompson requested a status update on the outdoor ice rinks and use
regulations as per the Provincial state of emergency orders, and staff provided a
response noting that the rinks are filled, and details of use regulations will be
provided at the Special Meeting of Council.
Councillor Gilliland referred to Delegation 5.3 and inquired about the possibility of
pilot project permitting urban hens, and staff provided a response.
11. Public Service Announcements
Councillor Gaertner inquired about the Friday Family Campfires event and staff
noted that the event would be cancelled due to the restrictions to outdoor
gatherings as per the Provincial state of emergency regulations.
Councillor Gilliland announced that the Cabin Fever Reliever - Photo Contest is
ongoing and the deadline for submissions is Monday, January 25, 2021 and more
information is available at aurora.ca/cabinfever.
Councillor Gilliland announced that as part of the Recreation-at-Home activities,
residents can participate in a winter BINGO contest, noting that the deadline for
the contest is Sunday, January 24, 2021 by 5 p.m.
Councillor Humfryes extended appreciation to the Aurora Cares Community
group, the Aurora Armoury, Welcoming Arms, The Salvation Army, and all the
volunteers for conducting a successful Aurora Christmas Dream event in the
ongoing pandemic and serving 225 meals to the community. She extended
regards to Green Side Up Contracting Inc., Neighbourhood Network, and the
Aurora Seniors Centre for their generous donation to make the event possible.
The Mayor extended appreciation to Councillor Humfryes for her efforts.
12. Closed Session
None.
13. Adjournment
The meeting was adjourned at 10:44 p.m.
Page 50 of 97
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
General Committee Report
No. CS20 -025
_______________________________________________________________________________________
Subject: Modernized Fence By-law
Prepared by: Alexander Wray – Manager Bylaw Services
Department: Corporate Services
Date: December 1, 2020
_______________________________________________________________________________________
Recommendation
1. That Report No. CS20-025 be received; and
2. That a new Fence By-law be brought forth and enacted at a future Council meeting to
repeal and replace the current Fence By-law No. 4753.05.P; and
3. That an amendment to the Fee’s and Charges By-law be brought forward to a future
Council meeting to implement fees associated with a fence variance process; and
4. That an amendment to the Aurora Appeal Tribunal By-law be brought forward to a
future Council meeting for enactment.
Executive Summary
The purpose of this report is to seek Council’s approval to implement a new Fence By-
law. The proposed Fence By-law will modernize existing legislation, introduce a
variance process with delegated authority to the Director of Corporate Services,
implement Order and remediation provisions as recommended by the Region of York –
Prosecution Services Division, and update the Aurora Appeal Tribunal By-law to provide
for the ability to consider fence variance appeals.
Staff are recommending the implementation of a variance process with
delegated authority to the Director of Corporate Services allowing for flexibility
when warranted.
Addition of Order and remediation provisions to address non-compliance
provides staff with necessary enforcement tools.
Page 51 of 97
December 1, 2020 2 of 6 Report No. CS20-025
Amendments of other by-laws will be required to support the enactment of the
proposed by-law.
Background
As part of a continued review of the Town’s current by-law legislation with the objective
to modernize the Town’s by-laws to meet community needs, Bylaw Services, in
partnership with the Region of York – Prosecutions have identified that the existing
Fence By-law is outdated and does not address current community expectations and
legislative requirements.
The proposed Fence By-law will be inclusive of past amendments while introducing
variance provisions, enforcement tools, delegated authority to the Director of Corporate
Services, and the ability to remediate non-compliance. In addition, the Aurora Appeal
Tribunal By-law needs to be updated to give the Tribunal authority to administer appeals
with respect to fence variance requests.
Analysis
Staff are recommending the implementation of a variance process with delegated
authority to the Director of Corporate Services allowing for flexibility when warranted.
The proposed Fence By-law would introduce a variance process for fences that do not
comply with requirements of the by-law. The variance process would grant delegated
authority to the Director of Corporate Services to permit for new and existing fence
variances by considering the following criteria:
would the variance meet the general intent of the Fence By-law;
would the variance be in keeping with the surrounding area and whether it would
have negative impacts on adjacent residents;
any special circumstances and whether the strict application of the by-law
provisions would cause unnecessary difficulty or hardship;
Whether the approval of the variance would result in impacts to the health,
safety, or welfare of the public.
Page 52 of 97
December 1, 2020 3 of 6 Report No. CS20-025
The Director will make the decision based on the documentation submitted by the
applicant and any investigations deemed appropriate by the Director or Town staff. If
the Director of Corporate Services refuses a variance request and the applicant wishes
to dispute the Director’s decision, the applicant may request a hearing before the Aurora
Appeals Tribunal. The decision of the Aurora Appeals Tribunal would be final, binding
and would not be subject to any further appeal or a requirement for Council approval.
Bylaw Services is proposing a non-refundable variance fee of $250.00, for an initial
request to the Director of Corporate Services, and a fee of $450 for an appeal of the
Director’s decision to the Aurora Appeal Tribunal. The below chart illustrates how
neighbouring municipalities address non-compliant fences.
Fence
Exemption
Process
Delegated
Authority
Authority over
Exemption
Requests
Exemption/Variance
Fee
Town of East
Gwillimbury
Yes No Appeals
Committee
$326.00
City of
Richmond Hill
Yes No Council $230.00
City of Vaughan Yes No Council $356.00
City of
Markham
Yes Yes Delegated –
Manager of
Bylaw
Services
None
Town of
Newmarket
Yes Yes Delegated –
Director;
Appeals
Tribunal
$287.00 for
application and
$574.00 to appeal to
Tribunal
Page 53 of 97
December 1, 2020 4 of 6 Report No. CS20-025
Addition of Order and remediation provisions to address non-compliance provides staff
with the necessary enforcement tools.
The current Fence By-law leaves the Town with few options to achieve compliance other
than voluntary or prosecution. At the recommendation of the Regional Municipality of
York’s Prosecution Services Division, Bylaw Services has introduced a provision in the
new by-law that would allow Officers to write an Order to Comply and remediate a
violation should all other options prove unsuccessful. Additionally, remediation options
will aid staff in addressing issues that pose health and safety concerns (sightline
obstructions, deterioration, etc.).
As part of the implementation of the new Fence By-law, amendments to the Fee’s
and Charges By-law and Aurora Appeals Tribunal By-law will be required.
The proposed changes to the Fee’s and Charges By-law will allow an appropriate fee
structure to be implemented.
The Aurora Appeals Tribunal By-law will require an update to grant the Appeals Tribunal
authority to adjudicate matters relating to the new Fence By-law. In case a decision of
the Director is appealed, the Tribunal will consider the same factors as the Director is
required to take into consideration and issue a decision following a formal hearing.
Additional minor updates will also be made to Appeals Tribunal By-law as a matter of
housekeeping.
Advisory Committee Review
None.
Legal Considerations
The proposed Fence By-law provides new powers and authority with respect to
managing fences in Aurora. The Director of Corporate Services will be granted authority
to permit certain variances from by-law requirements, taking into account the factors
described in this report. There will also be an appeal mechanism that will permit those
who request a variance to have a hearing before the Aurora Appeal Tribunal body. The
variance process will permit applicants to have their requests reviewed by an
independent body and allow an opportunity for an oral hearing. The decision of the
Aurora Appeal Tribunal will not be subject to any further appeal and will not require
Page 54 of 97
December 1, 2020 5 of 6 Report No. CS20-025
authorization from Council. In cases of an existing non-compliance, where no variance
is granted, the owners of such fences will be required to bring the fence into
compliance. In order to facilitate the appeal process through the Aurora Appeal
Tribunal, adjustments have to be made to grant the Tribunal powers to process such
applications. The Aurora Appeal Tribunal is created and governed pursuant to Town by-
laws and therefore can only act with respect to matters specifically assigned to it by
Council. The Aurora Appeal Tribunal By-law will also undergo some housekeeping
adjustments. Without the proposed introduction of powers to consider variations, any
fence variation requests would need to be considered by Council.
Further, the proposed Fence by-law will grant staff additional powers to remedy non-
compliance. The by-law sets out regulations with respect to the issuance of orders and
circumstances in which remedial action can be taken by staff. In order for staff to be
able to take remedial action in the event of non-compliance, such authority needs to be
granted pursuant to by-law. Without the proposed updates to the by-law, staff will
continue to be limited with respect to enforcement tools.
Financial Implications
Persons who are found guilty of an offence under the by-law will upon conviction be
liable to a fine provided for under the Provincial Offences Act. If approved, all noted fee
amendments would need to be made to the Town’s current Fees and Charges bylaw.
The updated bylaw schedules would be brought to Council for its review and approval at
a future date.
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing
guidelines for clearly communicating with our public and managing community
engagement. In order to inform, Corporate Communications will create an education
campaign using social media, the Town's Notice Board, website to let residents know
about the new bylaw.
Page 55 of 97
December 1, 2020 6 of 6 Report No. CS20-025
Link to Strategic Plan
The proposed Fence By-law supports the Strategic Plan Goal of Supporting an
Exceptional Quality of Life for all.
Alternative(s) to the Recommendation
1. Council direct staff to not bring forward a new Fence By-law and Appeals Tribunal
By-law for enactment, creating inefficiencies with respect to enforcement and lack
of flexibility for residents.
Conclusions
For the reasons outlined in this report, Staff recommend that the new Fence By-law and
Aurora Appeal Tribunal By-law be approved as presented at a future Council meeting.
Attachments
Attachment #1 – Fence By-law Draft
Previous Reports
Report CS20-001 – Fence By-law Exemption Request – 203 St. John’s Sideroad West,
General Committee Report – June 2, 2020
Pre-submission Review
Agenda Management Team review on November 11, 2020
Approvals
Approved by Techa Van Leeuwen, Director, Corporate Services
Approved by Doug Nadorozny, Chief Administrative Officer
Page 56 of 97
The Corporation of the Town of Aurora
By-law Number XXXX-20
Being a By-law to regulate and prescribe the standards for fences and pool
enclosures.
Whereas Subsection 11(3) 7 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the
“Municipal Act”), provides that a local municipality may pass by-laws respecting
structures, including fences and signs;
And whereas section subsection 98(1) and (2) of the Municipal Act provides that a by-
law may be passed by a municipality stating that the Line Fences Act, R.S.O. 1990, c.
L.17 does not apply to all or part of the municipality, subject to the continuing
applicability of section 20 of the Line Fences Act;
And whereas Section 26 of the Line Fences Act states that it does not apply, except for
section 20, to land in an area that is subject to a by-law for apportioning the costs of line
fences passed under the Municipal Act;
And whereas Subsection 8(1) of the Municipal Act provides that powers of a
municipality shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers appropriate
and to enhance the municipality’s ability to respond to municipal issues;
And whereas Subsection 391(1) of the Municipal Act provides that a municipality may
pass by-laws imposing fees or charges on any persons for the use of its property
including property under its control;
And whereas Section 446 of the Municipal Act provides that a municipality may proceed
to do things at a person's expense which that person is otherwise required to do under a
by-law but has failed to do and to recover the costs of doing so by adding the costs to
the tax roll and collecting them in the same manner as property taxes;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
Attachment 1
Page 57 of 97
1. Definitions
1.1 In this by-law, the following words have the following meanings:
(a) “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as it
may be amended or replaced from time to time;
(a) “CBO” means the Chief Building Official of the Town as appointed pursuant to
the Building Code Act;
(b) “Clerk” means the Clerk of the Town as appointed pursuant to the Municipal
Act, 2001, S.O. 2001, c. 25;
(c) “Director” means the department head of the Corporate Services Department
of the Town, or his/her designate or successor;
(d) “Driveway” means any space on private property used, or intended to be used,
by vehicles to park or to access parking;
(e) “Fence” means a barrier, including one for noise attenuation, or any structure,
except a structural part of a building, that wholly or partially screens from
view, encloses or divides a yard or other land, or marks or substantially marks
the boundary between adjoining land, and includes any hedge or shrub that
has the same effect;
(f) “Front Yard” means the space, extended to the full width of the lot, including
any side Lot Lines, between the main front wall of the building and the Lot
Line abutting a Public Highway, but on a corner lot means the space,
extended to the full width of the lot, including any side Lot Line, between the
shorter Lot Line abutting a Public Highway, other than a public lane, and the
nearest wall of the main building on the lot;
(g) “Guard” means as defined under Ontario Regulation 332/12, the Building
Code of Ontario, or amended or successor thereof;
(h) “Height” means the vertical distance above grade of ground level or, if
another reference point is specified, vertical distance above the other
reference point;
(i) “Lot Line” means the boundary line of a lot that marks the division of
properties;
Page 58 of 97
(j) “Multiple Residential Property” means land that is not a Single Residential
Property and that is primarily used for residential purposes, and also includes
land used for hotels and vacant land that abuts a Multiple Residential
Property, as prior defined;
(k) “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended
or successor thereto;
(l) “Non-Residential Property” means land that is used for purposes other than
for residential use, and includes land that is used for both residential and
other purposes, and also includes vacant land abutting Non-Residential
Property, as prior defined;
(m) “Officer" means a person appointed by the Town as Municipal Law
Enforcement Officer;
(n) “Open-Fence Construction” means a Fence construction that provides
motorists and pedestrians with an unobstructed view of people, vehicles and
their movements through the entire length of the Fence;
(o) “Outside” when used in reference to a Swimming Pool Enclosure, means the
side external to the enclosed area in which the pool is located;
(p) “Owner” means all registered owners of a property and also includes:
(i) the owner in trust,
(ii) a mortgagee in possession,
(iii) any Person that is managing the property or is responsible for
managing the property,
(iv) any Person who collects rent on the property or is responsible for
collecting rent on the property, and
(v) any lessee or occupant of the property;
(q) “Parking Lot” means any space on private property used, or intended to be
used, by vehicles to park or to access parking that is not on a Single
Residential Property;
Page 59 of 97
(r) “Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust or body corporate, or an individual in his or her capacity as a
trustee, executor, administrator or other legal representative;
(s) “Public Highway” means any highway as defined under the Municipal Act and
includes any street, road, sidewalk, boulevard, lane or any other portion of a
highway;
(t) “School” means any land or premises used for, or intended to be used for, a
school site as defined under the Education Act, R.S.O. 1990, c. E.2;
(u) “Single Residential Property” means and includes:
(i) a property that is used for not more than two dwelling units in a
detached or semi-detached building, and
(ii) vacant land abutting Single Residential Property as defined in
subparagraph (i) above;
(v) “Snow Fence” means any Fence used to force drifting snow to accumulate in
a predictable place, and which is usually constructed of plastic mesh,
lightweight woodstrip, or wire fencing;
(w) “Swimming Pool” means any outdoor structure or thing located on privately
owned property that is capable of being used for swimming, wading or
bathing and in which the water depth at any point can exceed 600 millimetres;
(x) “Swimming Pool Enclosure” means a Fence, wall or other structure, including
any permitted door, gate or other opening, which surrounds and restricts
access to an outdoor Swimming Pool;
(y) “Swimming Pool Enclosure Permit” means a written permit issued by the
Town pursuant to this by-law authorizing the erection, construction, placing or
maintenance of Swimming Pool Enclosure;
(z) “Temporary Enclosure” means a Fence, wall or other structure, including any
permitted door, gate or other opening, which temporarily surrounds and
restricts access to an outdoor Swimming Pool or the site on which a
Swimming Pool is being constructed;
(aa) “Town” means The Corporation of The Town of Aurora and/or the
geographical limits of the Town of Aurora, depending on the context of the
provision in which the term appears;
Page 60 of 97
(bb) “Tribunal” means the Aurora Appeal Tribunal as established by Town Council.
2. Interpretation and Application of this By-law
2.1 This by-law shall be known and may be cited as the “Fence By-Law”.
2.2 The provisions of this by-law shall apply to all lands and premises within the Town
of Aurora.
2.3 Notwithstanding the above, this by-law does not apply to activities or matters
undertaken by the Town or the Federal Government of Canada.
2.4 Unless otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections, subsections
clauses, and schedules in this by-law.
2.5 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to be
interpreted without reference to such headings.
2.6 References in this by-law to any statute or statutory provisions include references
to that statute or statutory provision as it may from time to time be amended,
extended, or re-enacted.
2.7 This by-law shall be read with all changes in gender or number as the context
requires.
2.8 References in this by-law to items in the plural include the singular, and references
to the singular include the plural, as applicable.
2.9 The words “include”, “includes”, “including” are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
2.10 If a court of competent jurisdiction declares any section, or any part of any section
of this by-law to be invalid or to be of no force in effect, it is the intention of the
Town that every other provision of this by-law be applied and enforced in
accordance with its terms to the extent possible according to law.
Page 61 of 97
2.11 This by-law and the provisions contained within are intended to be complementary
to other by-laws passed by Council and in the event that any other applicable law
requires a higher stander than the provisions contained in this by-law, the higher
standard shall apply.
3. Planning Act Agreements
3.1 Where a property is subject to a site plan agreement under section 41 of the
Planning Act, R.S.O. 1990, c. P.13 any Fences on such property shall comply with
the applicable site plan agreement. In case of any conflict or inconsistency as
between such a site plan and this by-law, the provision of the site plan agreement
shall prevail.
3.2 Where a property is subject to a subdivision agreement under section 51 of the
Planning Act any Fences on such property shall comply with the applicable
subdivision agreement. In case of any conflict or inconsistency as between such a
subdivision agreement and this by-law, the provision of the subdivision agreement
shall prevail.
4. Prohibitions and Restrictions on Fences
4.1 No Person shall erect, own or maintain, or cause or permit the erection or
maintenance of, any Fence that does not comply with this by-law and with any
other applicable law.
4.2 No Person shall erect, own or maintain, or cause or permit the erection or
maintenance of, any Fence:
(a) that uses or is constructed of, wholly or partially, any barbed wire, chicken
wire, or other barbed or sharp material;
(b) that uses or is constructed of, wholly or partially, any sheet metal or
corrugated metal panels;
(c) that, wholly or partially, conducts electricity or contains a device that
conducts electricity, unless the Fence is located on agricultural land that is in
actual use for raising livestock and such Fence or electrical device:
i) carries electricity of not more than 12 volts;
Page 62 of 97
ii) is designed and installed only for the purpose of containing livestock;
and
iii) has signs installed at not more than twelve (12) metre intervals along
the Fence warning that the Fence carries electricity;
(d) That uses or wholly or partially consists of materials not usually intended for
use in permanent fencing, unless specifically permitted by this by-law or
another by-law.
4.3 Any Fence that is temporary shall not be erected or maintained, or be caused to be
erected or maintained, for a period that is longer than 180 consecutive days or a
total of 180 calendar days in any year, unless otherwise approved by the Director or
associated to an active and valid building permit pursuant to the Building Code Act
for the property on which such Fence is erected.
4.4 Notwithstanding Paragraph (d) of Subsection 4.2, a Snow Fence may be used in
the time period between November 15 and April 15, provided that it complies with
all corresponding standards in this and other applicable bylaws.
4.5 Unless otherwise provided in this by-law, the types of Fences described in the table
in Schedule “A” shall comply with the Height restrictions as outlined in Schedule
“A”, subject to the following:
(a) when measured at any point along its length from the average grade level
measured perpendicular to and one meter away on either side of the Fence,
the described Fences shall not exceed the associated Height restrictions
outlined in Schedule “A”;
(b) where more than one description in the following table applies to a Fence,
each part that corresponds to a single description shall be deemed to be a
separate Fence for the purpose of determining the maximum Height for that
part;
(c) despite the Height restrictions set out herein, a Fence at any School may be
up to a maximum of 1.5 meters in Height if such Fence is adjacent to a Public
Highway or right-of-way.
Page 63 of 97
4.6 Unless otherwise provided in this by-law, all Fences shall comply with the following
requirements with respect to Driveways and Parking Lots:
(a) any Fence located within 2.4 meters of any Driveway shall be an open mesh
chain-link Fence, or of an equivalent Open-Fence Construction, for at least 2.4
meters from the Lot Line at which the Driveway begins so as not to obstruct
the view of the boulevard or highway;
(b) on or around a Parking Lot, any Fence shall be an open mesh chain-link
Fence, or of an equivalent Open-Fence Construction, anywhere it may
otherwise restrict the sight lines of vehicular or pedestrian traffic in the
Parking Lot; and
(c) no vegetation shall be permitted to grow and no object shall be placed in such
a way as to obstruct the view through a Fence to which the aforementioned
paragraphs (a) or (b) apply.
4.7 Any part of a Fence erected or located within 60 centimeters of a building on an
adjacent property shall be constructed with removable panels or have hinged
panels, or otherwise constructed in such a way to provide ease of access to such
adjacent building. Notwithstanding the above, the requirement to provide
removable panels or access to a building only applies with respect to buildings
that fit into the definition of a building under the Building Code Act and are legally
erected, pursuant to the Building Code Act, prior to the Fence being put in place.
4.8 Where a Fence is used as a Guard, it shall be installed and maintained in
compliance with the provisions of the Building Code Act and the associated
regulations. Further, if a Guard forms part of a Swimming Pool Enclosure, it shall
also comply with the requirements of Section 5 of this by-law. In the case that
more than one by-law requirement or more than one by-law apply with respect to
Guard requirements, the more restrictive provisions shall apply.
5. Swimming Pool Enclosure Permits
5.1 No Person shall excavate for or erect, or cause to be excavated for or erected, a
privately-owned outdoor Swimming Pool without first obtaining a Swimming Pool
Enclosure Permit for the premises on which the Swimming Pool is to be located.
Page 64 of 97
5.2 An application for a Swimming Pool Enclosure Permit shall be submitted to the
CBO on a form as prescribed by the CBO.
5.3 The form, content, terms, conditions and requirements of the application for a
Swimming Pool Enclosure Permit shall be as prescribed by the CBO from time to
time and the CBO may, without limiting the CBO’s authority to prescribe the
application and its form, content, terms, conditions and requirements, require as
part of an application:
(a) a detailed accurate site plan that illustrates the location of and the setback
measurements of the fencing, easements, pool and all buildings;
(b) the applicant to agree to any terms and conditions as prescribed by the CBO;
(c) any affidavits, drawings, plans, surveys, photographs and other documents
the CBO deems to be necessary in order to assess the proposed application;
and
(d) any information deemed necessary by the CBO to be able to evaluate the
application with respect to the proposed activities and the associated
timeframes.
5.4 In addition to the above, any premises subject to an application for a Swimming
Pool Enclosure Permit located within the Lake Simcoe Region Conservation Area
(LSRCA) or the Toronto Region Conservation Authority (TRCA) must receive
approval in writing from the LSRCA or the TRCA, as applicable, prior to submitting
the Swimming Pool Enclosure Permit application to the CBO.
5.5 Upon receipt of an application for a Swimming Pool Enclosure Permit and receipt
of the applicable fees, as established in the Town’s Fees and Charges By-law, the
CBO shall make investigations as necessary to assess the application and may, in
accordance with the criteria and requirements set out in this by-law:
(a) issue a Swimming Pool Enclosure Permit after receipt of a complete
application for an enclosure that meets all the requirements of this by-law;
(b) in the case of an approved application for a Swimming Pool Enclosure Permit,
impose such terms and conditions on the Swimming Pool Enclosure Permit
as deemed appropriate by the CBO:
Page 65 of 97
(i) for the protection of any public infrastructure and property abutting the
area subject to the Swimming Pool Enclosure Permit,
(ii) for the protection of health, safety and well-being of persons and the
environment,
(iii) for the purposes of administration of the Swimming Pool Enclosure
Permit and the operations of the Town,
(iv) for the purposes of maintaining proper standards and workmanship,
(v) for the purposes of protecting the Town interests with respect to any risks
associated with the work or activities pursuant to the Swimming Pool
Enclosure Permit and the use of a Swimming Pool, and
(vi) to satisfy any requirements of this by-law or any other applicable
legislation.
(c) refuse to issue a Swimming Pool Enclosure Permit if:
(i) the application is not completed, all the information as required under
this by-law is not provided or the application does not meet all the
requirements of this by-law, or
(ii) the required fees are not provided.
5.6 In addition to the above, the CBO may, on his or her own initiative, acting
reasonably:
(a) alter or revoke the terms and conditions of a Swimming Pool Enclosure
Permit after it has been issued; or
(b) impose new terms and conditions in a Swimming Pool Enclosure Permit.
5.7 A Swimming Pool Enclosure Permit holder shall immediately inform the CBO of
any change to:
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(a) the information contained in an application for a Swimming Pool Enclosure
Permit;
(b) the information contained in a Swimming Pool Enclosure Permit that has
been issued;
(c) the characteristics of the activity or work for which the Swimming Pool
Enclosure Permit has been issued; or
(d) the cancellation of any related activity or work.
In the case of any such change, the CBO may require revised or additional
information, additional fees, or a new application with respect to the change.
5.8 A Swimming Pool Enclosure Permit shall be time limited and shall expire pursuant
to the terms and conditions as set out in the Swimming Pool Enclosure Permit,
upon completion of the work or activity governed by the Swimming Pool Enclosure
Permit or revocation of such Swimming Pool Enclosure Permit, whichever occurs
first.
5.9 Prior to the expiry of a Swimming Pool Enclosure Permit, a Swimming Pool
Enclosure Permit holder may apply for an extension to the Swimming Pool
Enclosure Permit, and the CBO may approve of such extension.
5.10 The CBO may revoke a Swimming Pool Enclosure Permit if the Swimming Pool
Enclosure Permit holder, or parties conducting the work or activities pursuant to
the Swimming Pool Enclosure Permit:
(a) fail to comply with the terms and conditions of such a Swimming Pool
Enclosure Permit or fail to comply with this by-law;
(b) fail to notify the CBO immediately of any of the changes referred to in
subsection 5.7 of this by-law;
(c) fail, within ninety (90) days after the issuance of the Swimming Pool
Enclosure Permit, to commence the work or activity, beyond a preliminary or
nominal level, for which the Swimming Pool Enclosure Permit was obtained;
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(d) substantially discontinue the work or activity for a period of more than thirty
(30) days;
(e) provide false or inaccurate information in the application for the Swimming
Pool Enclosure Permit; or
(f) any Person doing work on behalf of the Swimming Pool Enclosure Permit
holder has failed to comply with any applicable law, statutes, regulations,
orders, standards, codes, by-laws or rules.
5.11 In addition to the above, the CBO may immediately suspend or revoke a Swimming
Pool Enclosure Permit issued under this by-law, in writing, where the CBO is
satisfied that a suspension or revocation is necessary in an emergency situation of
immediate threat or danger to public infrastructure, any abutting property or to any
Person.
5.12 The CBO may give notice of the suspension or revocation of a Swimming Pool
Enclosure Permit by contacting a Swimming Pool Enclosure Permit holder in
writing, by telephone or by email in accordance with the contact information
provided on the Swimming Pool Enclosure Permit application.
5.13 Any decision of the CBO pursuant to this Section shall be final without a right to
appeal to the Council.
6. Swimming Pool Enclosures and Temporary Enclosures
6.1 Every Owner of a property on which a privately-owned outdoor Swimming Pool is
located shall erect and maintain, or cause to be erected and maintained, a
Swimming Pool Enclosure completely around the privately-owned outdoor
Swimming Pool, which enclosure:
(a) shall extend from the ground to a Height, measured on the Outside of the
enclosure, of not less than 1.5 meters along its entirety, including gates
therein;
(b) may incorporate all or portion of the wall of a building, but no entrances to the
pool area shall be permitted through such wall unless the entrance is set back
a minimum distance of 1.8 meters from the waters edge of the pool;
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(c) may incorporate one or more gates of equivalent material and construction
as the Swimming Pool Enclosure and every such gate shall not be less than
1.5 meters in Height along its entirety, be supported on hinges that are
designed and capable of supporting the weight of the gate, be self closing
and equipped with self latching devices placed on the inside of the gate at or
near the top;
(d) the enclosure and any gates shall be closed and locked at all times when a
responsible person is not present and supervising the Swimming Pool or
pond;
(e) shall not include self-latching devices with any quick release device that
permits the gate to be opened from Outside of the enclosure;
(f) shall be located not less than 1.2 meters from the waters edge and in the
case of an above ground systems pool with a deck and a Fence forming part
of the system, the waters edge may be as close as 0.5 meter to the Fence
portion of the systems;
(g) shall not include the main entrance to the building within the enclosure;
(h) shall be constructed in such a manner that a space of not more than 10
centimetres shall be permitted at any point between the bottom of the Fence
and the ground.
6.2 All parts of a Swimming Pool Enclosure, including the gate, shall be constructed in
compliance with the following standards:
(a) any wood Fence that is used in or as part of a Swimming Pool Enclosure shall
be constructed in a good, workmanlike manner as follows:
(i) vertical boards shall be:
1. made up of at least 19 millimetre by 89 millimetre lumber;
2. spaced at least 38 millimetres apart where horizontal rails are spaced
less than 1.2 metres apart;
3. spaced at least 100 millimetres apart where horizontal rails are spaced
1.2 metres apart or more;
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4. attached to horizontal rails that are:
[A] made up of at least 38 millimetre by 89 millimetre lumber; and
[B] supported on posts that are at least 89 millimetres by 89
millimetres, spaced not more than 2.4 metres apart, securely
fastened to the ground and structurally sound.
(ii) horizontal boards shall be:
1. made up of at least 19 millimetre by 89 millimetre lumber;
2. spaced not more than 20 millimetres apart;
3. offset or protruding not more 15 millimetres from the board
immediately above or below; and
4. not more than 2.4 metres in length.
(b) any metal picket Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good, workmanlike manner as follows:
(i) vertical pickets shall be spaced not more than 38 millimetres apart where
horizontal rails are spaced less than 1.2 metres apart and not more than
100 millimetres apart where horizontal rails are spaced at least 1.2 metres
apart; and
(ii) horizontal rails shall be supported on posts that are spaced not more than
2.4 metres apart, securely fastened to the ground and structurally sound.
(c) Any glass panel Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good workmanlike manner as follows:
(i) glass panels shall be located so there is no opening of more than 38
millimetres between the panel and the post where horizontal elements are
spaced less than 1.2 metres apart, and not more than 100 millimetres
apart where horizontal elements are spaced more than 1.2 metres apart;
(ii) horizontal elements shall be supported on posts that are spaced not more
than 2.4 metres apart, securely fastened to the ground and structurally
sound; and
(iii) glass panels used in Swimming Pool Enclosures shall be:
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1. safety glass of the laminated or tempered type conforming to
CAN/CGSB-12.1-M "Tempered or Laminated Safety Glass"; or
2. wired glass conforming to CAN/CGSB-12.1-M "Wired Safety Glass”.
(d) any chain-link Fence that is used in or as part of a Swimming Pool Enclosure
shall be constructed in a good, workmanlike manner and made up of not
greater than 40 millimetres diamond mesh, and galvanized steel wire not less
than 2.680 millimetres diameter (11 gauge);
(e) any wrought iron Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good, workmanlike manner and with at
least 1 meter between horizontal members and with no greater than 10
centimeters of spacing between vertical bars; or
(f) a combination of the above or such other material design or construction as
will provide an equivalent degree of safety and which is approved in writing by
the CBO.
6.3 Where a Swimming Pool Enclosure or Temporary Enclosure is a building,
accessory building or structure, it shall be constructed of materials that will
withstand weathering and will remain in place when reasonable loads are applied.
6.4 No Swimming Pool Enclosure or Temporary Enclosure shall have any unprotected
openings that would permit the passage of a sphere larger than 100 millimetres in
diameter within or below the enclosure.
6.5 No Swimming Pool Enclosure or Temporary Enclosure shall have any members or
attachments that could facilitate climbing on the exterior face of a pool enclosure
or temporary enclosure for a distance between 100 millimetres and 1.2 meters
from the grade.
6.6 No condition that facilitates climbing a Swimming Pool Enclosure or Temporary
Enclosure may be permitted to remain within 1.0 meter of the exterior of the pool
enclosure or temporary enclosure.
6.7 Notwithstanding any other provisions of this by-law, a Temporary Enclosure:
(a) shall have a Height of not less than 1.2 meters along its entirety;
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(b) may be constructed of plastic mesh having openings no greater than 38
millimetres;
(c) shall have a steel T-bar post installed at intervals no less than every 2 meters;
(d) shall have a 9-gauge galvanized steel wire located at the top and bottom of
such fencing; and
(e) shall be continuously erected and maintained in a workmanlike manner.
Notwithstanding the above requirements, a temporary enclosure may be
constructed in a manner that in the opinion of the CBO will provide a satisfactory
degree of safety, provided such is approved by the CBO in writing prior to its
construction.
6.8 For an above-ground Swimming Pool, the exterior side of the above-ground
Swimming Pool structure and any rail or Guard attached thereto shall constitute a
Pool Enclosure and the provisions of this by-law shall apply to such sides of the
Swimming Pool. In addition, the Owner of the property on which such above-
ground Swimming Pool is located and shall ensure the following requirements are
complied with at all times:
(a) the means of entry within the Swimming Pool Enclosure shall be kept closed
and locked except when the Swimming Pool or enclosed area is in use by the
Owner, it's invitees or licensees;
(b) where the means of entry to the Swimming Pool Enclosure is with a ladder,
such ladder shall be removable from the vicinity of the pool or be designed to
be lifted and locked or be designed to have a lockable cover when the pool is
not in use;
(c) the exterior sides of the above-ground Swimming Pool structure and the
Outside face of any rail or Guard shall be constructed as a Swimming Pool
Enclosure, in a manner that will not facilitate climbing;
(d) where a platform or deck is constructed adjacent to an above-ground
Swimming Pool and such platform or deck is higher than 0.6 meter above the
adjacent grade, a rail or Guard of not less than 0.9 meter in Height shall be
provided around the Outside perimeter of such deck; notwithstanding the
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other provisions of this by-law, such a rail or Guard may be constructed within
1.2 meters of the nearest edge of the water contained in the above-ground
Swimming Pool;
(e) notwithstanding any other provisions of this by-law, the combined Height of
the exterior sides of the Swimming Pool structure and any rail or Guard
attached thereto shall be a minimum of 1.5 meters and may be a maximum of
2.5 meters in Height above the adjacent grade; and
(f) the pool, platform and/or deck shall be setback from the Lot Lines in
accordance with the Town’s applicable zoning by-law or regulations.
7. Pool Construction and Filling of New Pools
7.1 While under construction, every privately owned outdoor Swimming Pool, or the
site on which a Swimming Pool is to be constructed, shall be enclosed with a
Temporary Enclosure, as described in this by-law, until such time as construction is
completed and a Swimming Pool Enclosure has been erected in compliance with
the provisions of this by-law.
7.2 No Person shall place or allow water to remain in a newly constructed Swimming
Pool, until:
(a) the CBO or their designate has been notified and the Pool Enclosure has been
inspected and accepted; and
(b) the provisions of this by-law and applicable law have been fully complied with.
7.3 Despite Section 6.10, a Person may fill a Swimming Pool with water when a
Temporary Enclosure has been erected in compliance with this bylaw, but the
Swimming Pool shall not be used until a permanent Swimming Pool Enclosure has
been erected and the Town has conducted an inspection and confirmed completion
of the permanent Swimming Pool Enclosure in compliance with this bylaw and the
applicable Swimming Pool Enclosure Permit.
8. Hot Tubs and Whirlpools
8.1 Notwithstanding the provisions of this by-law, a Swimming Pool that is a hot tub,
whirlpool, or swim spa and has a structurally adequate cover over its entirety that
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is permanently attached, that may be locked and that will support a weight of at
least 27.2 kilograms, is not required to be enclosed by a Swimming Pool Enclosure
or a Temporary Enclosure at any time and is not required to have a Swimming Pool
Enclosure Permit in place to conduct construction.
8.2 The Owner of a property on which a Swimming Pool that is a hot tub, whirlpool, or
swim spa is located shall ensure that the cover for such remains securely closed
and locked at all times when it is not in use by the Owner, its invitees or licensees.
9. Fence Variances
9.1 Where a proposed or existing Fence does not comply with this By-law, the Owner
of the lot on which the Fence is or is proposed to be constructed, or an authorized
agent of the Owner, may request a variance from any of the applicable provisions
of this by-law.
9.2 An application for a variance shall be made on the form prescribed by the Town
and shall be accompanied by the non-refundable variance application fee, as
prescribed in the Fees and Charges By-law.
9.3 The form, content, terms, conditions and requirements of an application for a
variance shall be as prescribed by the Director from time to time and the Director
may, without limiting the Director’s authority to prescribe the application and its
form, content, terms, conditions and requirements, require as part of an
application:
(a) the name, address and contact information of the applicant;
(b) the address of the lot subject to the variance request;
(c) enumeration of the specific Section(s) of the by-law from which the variance
is sought;
(d) a detailed description explaining why the applicant requires the variance;
(e) a description of the Fence, or proposed Fence, including the dimensions and
the specifications of the construction and installation;
(f) a survey of the lot identifying the location of the Fence, or proposed Fence;
(g) a site plan of the lot identifying the location of the Fence, or proposed Fence;
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(h) proof of notification of property Owners of properties that abut the property
subject to the proposed variance by personal service or prepaid first class
mail, which notification shall:
(i) set out the specifications of the Fence, or proposed Fence, subject to the
proposed variance;
(ii) describe the reason(s) for the exemption request, and
(iii) inform that objections to the proposed variance are to be forwarded to the
Director within ten (10) days of receipt of the notification;
(i) any affidavits, drawings, plans, surveys, photographs and other documents
the Director deems to be necessary in order to assess the proposed
application;
(j) Any information deemed necessary by the Director to be able to evaluate the
application with respect to the proposed variance and the associated
timeframes.
9.4 Upon receipt of a complete application for a variance and receipt of the applicable
fees, as established in the Town’s Fees and Charges By-law, the Director shall
make investigations as necessary to assess the Application and consider the
evaluation criteria outlined herein and may, in accordance with the criteria and
requirements set out in this by-law:
(a) approve the variance;
(b) refuse the variance;
(c) impose such conditions and terms on an approved variance as deemed
appropriate by the Director.
9.5 As part of reviewing and evaluating any application for a variance, the Director
shall consider whether:
(a) it is in accordance with the general intent and purpose of this by-law;
(b) the resulting Fence with the variance would be in keeping with the
surrounding area and would there be any negative impact on adjacent
residents;
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(c) there any special circumstances and whether strict application of the
provisions of this by-law would result in unnecessary difficulty or hardship for
the applicant; and
(d) Approval of the variance would result in any impacts to the health, safety or
welfare of the public.
9.6 Upon making a decision pursuant to Section 9.4 and 9.5, the Director shall inform
the applicant, as well as any abutting neighbours that submitted objections to the
Town, by way of a written notice setting out the grounds for the decision with
reasonable particulars, and informing of the right to appeal such decision to the
Tribunal by the applicant.
9.7 An applicant that is served with a decision notice pursuant to Section 9.6, may
request an appeal of the decision of the Director to the Tribunal by delivering an
appeal notice to the Clerk, in accordance with the provisions of this by-law and of
the Tribunal By-law, within fifteen (15) calendar days of deemed receipt of the
decision notice.
9.8 A request for an appeal to the Tribunal pursuant to Section 9.7 shall be made in
writing, shall set out the reasons for the appeal and shall be accompanied by an
appeal fee, as set out in the Fees and Charges By-law.
9.9 Subject to the provisions of the Tribunal By-law, if a request for an appeal is not
provided to the Clerk in accordance with the provisions of this and the Tribunal By-
law within fifteen (15) calendar days of deemed receipt by the applicant of the
notice pursuant to Section 9.6, the decision of the Director is deemed to be final.
9.10 Upon receipt of a notice to appeal a decision of the Director pursuant to Section
9.7, such request shall be processed and handled in accordance with the Tribunal
By-law.
9.11 In deciding an appeal of a decision of the Director with respect to a Fence variance,
the Tribunal shall consider the factors outlined in Section 9.5.
9.12 Any variance granted pursuant to this Section 9 by the Director or the Tribunal shall
be effective and valid until such time as the Fence to which the variance applies is
substantially replaced or removed entirely.
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9.13 Where an applicant makes a request for an appeal pursuant to Section 9.7 and
fails to appear at the time and place scheduled for the hearing of the appeal, or
requests an adjournment on the day of the scheduled hearing, the applicant shall
pay to the Town an administrative fee of $100.00, which may be refunded at the
discretion of the Tribunal if the nonattendance was unavoidable or the
adjournment is in the public interest, not prejudicial to the expeditious
determination of the proceeding or otherwise justified.
10. Administration and Enforcement
10.1 The Director and the CBO shall be responsible for and are delegated the power to
administer and enforce this by-law, including prescribing the content of any forms
or other documents required under this by-law.
10.2 The CBO shall be responsible for and is delegated the power to issue, revoke,
suspend, set conditions of, process and administer Swimming Pool Enclosure
Permits and any related applications.
10.3 The Director, the CBO and Officers of the Town are hereby delegated the authority
to enforce this by-law, including the authority to conduct inspections pursuant to
this by-law, the Act, as amended, and any other applicable by-law or legislation.
10.4 The Director and the CBO is authorized to delegate responsibilities for the
administration and enforcement of this by-law to any Town staff or external third
parties deemed to be qualified and appropriate by the Director or CBO for such
purposes.
11. Power of Entry, Inspection, Prohibitions
11.1 An Officer, or any other individual authorized to enforce this by-law on behalf of the
Town, may at any reasonable time enter upon any land for the purpose of carrying
out an inspection to determine whether the following are being complied with:
(a) this by-law;
(b) any permit issued pursuant to this by-law,
(c) any direction or order under this by-law; or
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(d) an order issued under Section 431 of the Act.
11.2 Where an inspection is conducted pursuant to this Section, an Officer or any other
individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any Person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
11.3 No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this by-
law.
11.4 No Person shall fail to comply with, or contravene, any order or direction issued by
the Town pursuant to this by-law or the Act.
11.5 Where an Officer, or an individual authorized to enforce this by-law, has reasonable
grounds to believe that an offence has been committed by any Person, they may
require the name, address and proof of identity of that Person, and the Person
shall supply the required information.
11.6 No Person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant to
this by-law.
11.7 No Person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
12. Orders
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12.1 Where any Officer or the CBO is satisfied that a contravention of this by-law has
occurred, such Officer or CBO may make an order requiring the Person who caused
or permitted such contravention, or the Owner of the land on which the
contravention occurred, to discontinue the contravening activity and/or to do work
to correct the contravention.
12.2 An order pursuant to this Section shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to be
seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any work
is ordered, the date by which any such work must be done; and
(e) information regarding the Town's contact person.
12.3 An order pursuant to this Section shall be deemed to have been received upon:
(a) personal service of the order on the Person subject to the order;
(b) one day after transmission of the order through electronic means to an email
or social media address provided by the Person subject to the order;
(c) one day after posting the order in a conspicuous location on the property
subject to the order;
(d) the fifth (5th) day after the order is sent by registered mail to the last known
address of the Person who is subject to the order.
12.4 In the case where there is evidence that the occupant of the land subject to an
order is not the registered property owner, such order shall be served on both the
registered property owner and the occupant of the land.
13. Remedial Action and Cost Recovery
13.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any Person within a specified time period, in default
of it being done by the Person directed or required to do it, the action may be taken
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under the direction of the Director, CBO or an Officer at that Person’s expense and
the Town may recover the costs incurred through a legal action or by recovering
the costs in the same manner as taxes.
13.2 For the purposes of taking remedial action under this Section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
14. Offences and Penalties
14.1 Every Person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended.
14.2 Every Person who contravenes any order issued pursuant to this by-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
14.3 If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence and upon conviction is liable to a fine
as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
14.4 Pursuant to Subsection 429(2) of the Act, all contraventions of this by-law or
orders issued under this by-law are designated as multiple offences and continuing
offences. If a contravention of any provision of this by-law has not been corrected,
or an order issued under this by-law has not been complied with, the contravention
of such a provision or an order shall be deemed to be a continuing offence for
each day or part of a day that the contravention remains uncorrected or an order
not complied with. A multiple offence is an offence in respect of two (2) or more
acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of this by-law.
14.5 In addition to fines under this Section, a Person convicted of an offence under this
by-law may be liable to a special fine in the amount of the economic advantage or
gain that such a Person obtained from the contravention of this by-law.
14.6 Where a Person is convicted of an offence under this by-law, the court in which the
conviction has been entered, and any court of competent jurisdiction thereafter,
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may make an order prohibiting the continuation or repetition of the offence by the
Person convicted.
15. Administrative Penalties
15.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended, for a breach of any provision of this by-law, an individual authorized
to enforce this by-law on behalf of the Town may issue an administrative penalty to
the Person who has contravened this by-law.
15.2 Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative penalty
is issued to a Person for the breach, no charge shall be laid against that same
Person for the same breach.
15.3 The amount of the administrative penalty for a breach of a provision of this by-law,
shall be as established pursuant to applicable Town by-laws.
15.4 A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in the applicable Town by-laws relating to
administrative penalties.
15.5 An administrative penalty imposed on a Person pursuant to this by-law that is not
paid within fifteen (15) days after the day it becomes due and payable, constitutes
a debt of the Person to the Town and may be added to a municipal tax roll and
collected in the same manner as municipal taxes.
16. Presumption
16.1 An Owner of a property on which a non-compliance or contravention has occurred
shall be presumed to have carried out or caused or permitted to be carried out the
non-compliance or contravention, which presumption may be rebutted by evidence
to the contrary on a balance of probabilities.
17. Line Fences Act
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17.1 With the exception of Section 20 of the Line Fences Act, the Line Fences Act shall
not apply to any part of the Town.
18. Severability
18.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of the
remaining sections, subsections, clauses or phrases of this by-law.
19. Repeal
19.1 By-laws Number 4753.05.P and Number 6086-18, all as amended, are hereby
repealed.
20. Effective Date
20.1 This by-law comes into full force and effect on the date of final passage hereof.
Enacted by Town of Aurora Council this xxth day of Month, Year.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
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Schedule “A”
TABLE 1
MAXIMUM HEIGHT OF FENCES
Item # Description of Fence Fence on
Single or
Multiple
Residential
Property
Fence on Non-
Residential
Property
Hedge, shrub,
or other
vegetation
that acts as a
Fence.
1. Fence in a Front Yard;
And within 2.4 meters of
a Lot Line abutting a
Public Highway (A
Public Highway does not
include a public lane)
1.2 meters 1.2 meters 1.2 meters
2. Fence in a Front Yard;
And within 2.4 meters of
a Lot Line abutting a
Public Highway (A
Public Highway does not
include a public lane)
2.0 meters 2.0 meters No Maximum
3. Fence not in a Front
Yard; and within 2.4
meters of a side Lot Line
abutting a Public
Highway (A Public
Highway does not
include a public lane);
and within 2.4 meters of
a Driveway.
2.0 meters 2.0 meters 2.0 meters
4. Fence not in a Front
Yard; and between 2.4
meters from a side Lot
Line abutting a Public
Highway (A Public
Highway does not
include a public lane)
and the nearest wall of
the main building
extended to the rear Lot
Line; and within 2.4
meters of a Driveway
2.0 meters 2.5 meters No Maximum
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5. Fence on an unroofed
deck; and not in a Front
Yard; and not within 2.4
meters of a Lot Line
abutting a Public
Highway (a Public
Highway does not
include a public lane)
2.0 meters
above surface
of deck
2.0 meters
above surface
of deck
No Maximum
6. Fence not in a Front
Yard that also is not a
Fence under items 3, 4,
or 5 of this table and
abutting a multi-
residential property, a
Non-Residential
Property, a Public
Highway or a public
walkway.
2.5 meters 2.5 meters No Maximum
7. Fence for a tennis court,
baseball diamond, or
other recreational
facility.
3.0 meters No Maximum No Maximum
8. An Entry gate and
associated entry
features in a Rural
Residential or
Institutional Zone.
3.0 meters N/A 3.0 meters
Page 84 of 97
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Memorandum
Office of the Mayor
Subject: York Regional Council Highlights of December 17 and 22, 2020
To: Members of Council
From: Mayor Mrakas
Date: January 26, 2021
Recommendation
1. That the York Regional Council Highlights of December 17 and 22, 2020, be
received for information.
Page 85 of 97
,
Tuesday, December 22, 2020
York Regional Council – Thursday, December 17 and Tuesday, December 22, 2020
Live streaming of the public session of Council and Committee of the Whole meetings is available on
the day of the meeting from 9 a.m. until the close of the meeting. Past sessions are also available at
York.ca/councilandcommittee
York Region honours lives lost to COVID-19
York Regional Council held a moment of silence on Thursday, December 17, 2020, to pay respect to
the residents who lost their lives to COVID-19 this year.
York Region reported its first positive cases of COVID-19 on February 29, 2020 and declared a state of
emergency on March 23, 2020. Throughout the pandemic, protecting the health and safety of York
Region residents has been the top priority of Regional Council.
In a moment of recognition and acknowledgement, Regional Council extended condolences to the
families and loved one of those who lost the fight against COVID-19 and reaffirmed their commitment to
protecting the health and safety of all who live and work in York Region.
York Region lockdown extended to January 23, 2021
Effective December 26, 2020, York Region will entered a province-wide shutdown as part of the
Keeping Ontario Safe and Open Framework.
New and enhanced restrictions in the shutdown include the closure of indoor and outdoor dining and
drinking in bars and restaurants, sports, recreational facilities, community centres, meeting and event
spaces, the prohibition of indoor shopping in non-essential retail stores and malls and the closure of
personal care services, cinemas, performing art and gaming venues. In York Region, these closures
will remain in place until January 23, 2021.
Additional measures in the province-wide shutdown include restricting access to shopping-malls and
limiting capacity to 25% in discount and big box retail stores selling groceries.
To further slow the spread of COVID-19, students across the province will move to remote learning
following the winter break on January 4, 2021. Elementary students will return to in-class learning on
January 11, 2021, while secondary students will continue remote learning until January 25, 2021.
York Region’s on-going response to COVID-19
Regional Council received an update on the continuing response to COVID-19 and actions taken to
prevent the spread of the virus in the local community.
As the global pandemic evolves York Region remains responsive to the changing demands of COVID-
19 with case and contact management, outbreak management, infection prevention control measures,
transparent reporting and communications.
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In his weekly update to Regional Council, York Region Medical Officer of Health Dr. Karim Kurji
indicated pending mass vaccination of the population, the community can expect continued waves of
infection. With recent federal approval of the Pfizer vaccine, it is estimated most of the population will
be vaccinated by September 2021.
COVID-19 mass immunization planning is underway. However, many aspects are yet to be determined.
In early 2021, staff will bring forward a more detailed report and presentation outlining York Region
immunization plans for Regional Council’s consideration.
York Region’s actions continue to be focused on managing and preventing further transmission of the
virus while protecting those most vulnerable to COVID-19.
Through the Ministry of Municipal Affairs, York Region has been allocated more than $8.2 million in
Social Services Relief Funding to continue necessary projects that support vulnerable populations.
Most of this funding will support the continuation of York Region’s Self-Isolation Shelter and Transitional
Shelter.
Funding will also support individuals and households at risk of homelessness through the
Homelessness Prevention Program, Housing Stability Program or through a new short-term Temporary
Rent Benefit Program.
An additional $8.1 million in anticipated Social Services Relief Funding, announced December 15,
2020, will be directed to further support vulnerable populations by mitigating on-going COVID-19 risks,
encouraging longer-term housing-based solutions and enhancing rent assistance to vulnerable
households.
As York Region continues to respond to COVID-19, Regional Council remains committed to supporting
strong, caring and safe communities. Throughout this crisis, York Region has maintained
york.ca/covid19 as a trusted source of information related to public health and safety.
Regional staff will continue to monitor community needs and their impact on Regional programs and
services and provide updates to Regional Council and the community on the on-going response.
Regional Council receives presentation on COVID-19 therapeutics
Dr. Jeya Nadaraja, Medical Director of Infection Prevention and Control, Anti-microbial Stewardship
and Medical Microbiology Laboratory Programs at Markham Stouffville Hospital, provided Regional
Council with and overview of therapies and therapeutics used in the treatment of COVID-19.
During the presentation, Dr. Nadarajah walked through the progression of COVID-19 and described
how the virus targets an individual’s immune system. Regional Council was also provided with an
overview of the pharmaceutical and medical therapies available to individuals with severe cases of
COVID-19, many of which are still in clinical trials.
Through a deeper understanding of the limited medical interventions and therapies available to treat
COVID-19, Regional Council is better equipped to make decisions in response to the pandemic that
protect the health and well-being of all residents.
Financial impacts of COVID-19
Regional Council received a memo outlining the Financial Accountability Office of Ontario’s
independent report on the financial impact of COVID-19 on municipal budgets.
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The report, which uses internal municipal estimates and publicly available information, projects Ontario
municipalities will incur significantly lower revenues and higher expenses in 2020, 2021 and 2022 as a
result of COVID-19.
The impacts of COVID-19, projected to be $151 million in 2020, have been mitigated by staffing
redeployments, deferral of non-essential activities, senior government funding to assist with pandemic-
related impacts and other savings. As the 2021 budget is developed, known COVID-19-related
pressures are expected to reach almost $70 million in 2021 and $45 million in 2022.
On December 10, 2020, Regional Council approved the creation of a Pandemic Management Reserve
Fund to assist any future tax-supported expenditure or revenue shortfall due to COVID-19.
Funding received from other levels of government through pandemic relief funds could be directed to
the Pandemic Management Reserve Fund to address future pressures. These funds would be in
addition to any potential operating surpluses; based on projected year-end results, the contribution to
this reserve could be almost $63 million for 2020.
Council has also temporarily suspended the Surplus Management Policy, redirecting the contribution of
any future tax supported operating surplus to the new Pandemic Management Reserve Fund. The
creation of this dedicated reserve fund complies with requirement that municipalities hold any excess
2020 funding from the Phase 1 Safe Restart Agreement of offset future pressures.
2021 Water and Wastewater User Rates move to 0% increase
Regional Council has adopted amended recommendations to 2021 Water and Wastewater User Rates.
The previously approved 2.9% increase in the combined water and wastewater wholesale rate for the
year beginning April 1, 2021 has moved to 0% increase, maintaining the rate at the existing $3.07 per
cubic metre.
In April 2020, in response to the COVID-19 pandemic, Regional Council decided not to proceed with a
planned water and wastewater rate increase for 2020, instead maintaining user rates at their 2019
level. Any operating shortfall due to changes against budget will be drawn from rate stabilization
reserves.
After the Region completes a User Rate Study in Q2 2021, Council will be asked to consider
recommendations for a new multi-year plan for future rates. The 2021 User Rate Study will assess
COVID-19 impacts and other pressures in more detail to recommend rates in 2022 and beyond that will
ensure long-term financial sustainability for water and wastewater.
York Region water is safe, reliable, clean, affordable and convenient. To learn more about your water
visit york.ca/wateris
York Region encourages residents to stay home New Year’s Eve
York Region Transit, along with various transit agencies across the Greater Toronto and Hamilton Area,
will not offer free transit on New Year’s Eve.
Under provincewide shutdown restrictions, Regional Council is encouraging residents to make
responsible choices and limit New Year’s Eve celebrations to members of the immediate household.
York Region Transit will look to resume annual New Year’s Eve service to discourage residents from
driving while impaired in 2021.
Set fines in place for mask and face-covering offenses on York Region Transit
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Regional Council authorized a request to the Ontario Court of Justice to establish a set fine for York
Region Transit travellers who do not follow mandatory face-covering requirements.
Under York Region’s Transit Bylaw 2017-17, travellers failing to wear a face-covering while on a transit
vehicle or at a transit facility may face a set fine of $150.
York Region Transit enforcement officers continue to exercise discretion in bylaw compliance, focusing
on education, verbal and written warnings. The issuance of fines will be reserved for travellers who
blatantly disregard face-covering requirements.
Recommendation for End of Community Housing Mortgages
Regional Council endorsed the Provincial Service Manager Position Paper on how mortgage savings
might be redirected to allow the Region to support existing community housing assets and invest in its
10-year housing and homelessness plan.
Regional Council also endorsed in principle that mortgage savings remain in the housing and
homelessness sector and up to 40% of the savings be allocated to capital repairs of all effected
housing providers.
If approved by the Province, Service Managers would retain the mortgage savings and reinvest the
savings to address the unique needs of their local communities. This approach can enable the Region
to advance local goals, including priorities under the 2019 to 2023 Corporate Strategic Plan and goals
under the 10-year housing and homelessness plan, without additional financial burden on municipal
taxpayers.
More affordable housing coming to Town of Georgina
Regional Council has approved the addition of four modular affordable housing units in the Town of
Georgina.
Located at Housing York Inc.’s Sutton Youth Shelter at 20898 Dalton Road, when complete these
homes will provide new transitional housing units for individuals and families at risk of or currently
experiencing homelessness.
Construction of these units are funded by the Ontario Government’s Social Services Relief Fund
(SSRF) Phase Two allocation. As one of the Emergency Housing providers for York Region, The
Salvation Army will operate these four units.
Reducing greenhouse gas emissions with York Region fleets
Regional Council approved the Transit and Corporate Fleet Electrification Plans which includes the
transition of all sedans and sport utility vehicles (SUVs) owned by the Region to electric vehicles by
2030 and the transition of York Region Transit’s fleet to clean electric bus technology by 2051.
The conversion of Regional sedans and SUVs to electric technology has been underway since 2013
and identifies short, medium and long-term goals to convert sedans and SUVs to GHG emissions-free
technology. Corporate fleet electrification plans support York Region’s long-term goal of producing zero
greenhouse gas emissions by 2051.
Input provided for the Ontario government’s Food and Organic Waste Policy Statement
Regional Council reviewed the Ontario government’s proposed amendments to the Food and Organic
Waste Policy Statement and York Region’s recommendations for food waste reduction and organics
diversion:
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x Add targets for recovery of compostable products and packaging to the blue box regulation
x Strengthen language regarding producer responsibility in the policy statement
x Ensure producers are held responsible for finding cost effective solutions to managing materials
x Collaborate with federal government and other stakeholders to update compostability
certification standards to ensure products are designed to break down with existing green bin
processing technology
x Standardize labelling requirements so consumers clearly understand which products are
acceptable in green bin programs
The policy statement aligns with the Region’s existing commitments and leadership on food waste
reduction and diversion through the Good Food and Green Bin programs. York Region supports shifting
to a circular economy, including collaboration with other sectors to find solutions for compostable
packaging and reducing reliance on single-use plastics that end up in landfills or polluting ecosystems.
York Region will continue to advocate, develop policy, support innovative technologies and engage with
our residents and businesses to help find solutions and keep moving towards a world where nothing
goes to waste.
Funding application for universal broadband
Regional Council reviewed the upcoming Universal Broadband Funding Application to further expand
YorkNet’s broadband connectivity in York Region.
This funding application is in addition to a previously approved application for Improving Connectivity
for Ontario Program and will address allocations in a number of important areas such as:
x Funding dedicated to projects that can be started and completed quickly with immediate
connectivity
x Funding available to advance large-scale, high impact projects
x Funding for projects primarily benefiting Indigenous peoples
Through the Universal Broadband Fund, York Region will bring high-speed internet to 462 households
on Georgina Island and in the community of Udora by early 2021.
Regional Council endorses policy direction for Regional Official Plan update
Regional Council approved the Regional Official Plan Policy Directions Report as part of the Municipal
Comprehensive Review leading to the Regional Official Plan update scheduled for late 2021.
A number of updates are being undertaken to conform with updates in the Provincial Policy Statement
forecasting York Region’s growth to approximately 2.02 million people and 990,000 jobs by 2051.
Specific policy directions for consideration are laid out in the current report, with additional reports to be
presented to Regional Council early in 2021.
York Region recognizes World AIDS Day
Regional Council recognized Tuesday, December 1, 2020 as World AIDS Day and the start of
Aboriginal AIDS Awareness Week in Canada.
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While important advancements in treatment have been made in recent years, many living with
HIV/AIDS are still confronted with stigma and discrimination. Regional Council stands with those
affected by Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) and
acknowledge we all have a responsibility to work together to educate those who have misconceptions
about HIV/AIDS to eliminate bias and judgement.
York Region Public Health has health clinics offering a wide range of testing and treatment services in a
confidential, non-judgmental setting, including HIV testing. Services at the clinics are available at no
cost to all York Region residents and a health card is not required.
National Day of Remembrance and Action on Violence Against Women
Regional Council recognized December 6, 2020 as National Day of Remembrance and Action on
Violence Against Women.
This solemn day is recognized in remembrance of the 14 women at Ecole Poly-technique Montreal,
who in 1989 were murdered in a senseless act of violence against women.
National Day of Remembrance and Action on Violence Against Women is acknowledged annually to
honour lives lost and reaffirm a collective commitment to prevent and address gender-based violence.
International Human Rights Day
Regional Council recognized International Human Rights Day on December 10, 2020.
Observed annually, International Human Rights Day commemorates the signing of the Universal
Declaration of Human Rights, which proclaims the basic rights everyone is entitled to as a human
being, regardless of race, colour, religion, sex, language, political opinion, birth or other status.
Human Rights Day also offers opportunity for Regional Council to reaffirm their commitment to the
Inclusion Charter for York Region and to eradicating social injustices and inequalities in our
communities.
Next meeting of York Regional Council
York Regional Council will meet on Thursday, January 28, 2021 at 9 a.m. To maintain physical
distancing and protect the health and well-being of residents, this is currently planned to be a virtual
meeting and streamed on york.ca/live
The Regional Municipality of York consists of nine local cities and towns and provides a variety of
programs and services to 1.2 million residents and 54,000 businesses with over 650,000 employees.
More information about the Region’s key service areas is available at york.ca/regionalservices
-30-
Media Contact: Kylie-Anne Doerner, Corporate Communications, The Regional Municipality of York
Phone: 1-877-464-9675, ext. 71232 Cell: 289-716-6035 kylie-anne.doerner@york.ca
Page 91 of 97
The Corporation of the Town of Aurora
By-law Number XXXX-21
Being a By-law to assume highways on Plan 65M-4407 for
public use – Mattamy (Aurora) Limited (Phase 1).
Whereas subsection 31(4) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the
“Act”), requires a municipality to enact a by-law in order to assume highways for public
use, and that subsection 44 of the Act respecting maintenance of highways does not
apply to the highways until such time as the municipality has passed such a by-law;
And whereas The Corporation of the Town of Aurora (the “Town”) entered into a
Residential Subdivision Agreement (Phase 1) with Mattamy (Aurora) Limited, dated
February 28, 2014, with respect to the lands contained within Plan 65M-4407 (the
“Plan”);
And whereas the Council of the Town deems it necessary and expedient to assume
certain highways within the Plan for public use and be responsible to maintain those
highways;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. The following highways in the Town of Aurora, Regional Municipality of York, be
and are hereby assumed for public use and maintained by the Town:
(a)Clifford Dalton Drive, Plan 65M-4407;
(b)Buckle Crescent, Plan 65M-4407;
(c)Thomas Phillips Drive, Plan 65M-4407; and
(d)Hutt Crescent, Plan 65M-4407.
Enacted by Town of Aurora Council this 26th day of January, 2021.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
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The Corporation of the Town of Aurora
By-law Number XXXX-21
Being a By-law to designate a property to be of cultural heritage value or
interest (28 Wellington Street West “Alfred Love House”)
Whereas under subsection 29(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as
amended, the council of a municipality may, by by-law, designate a property within
the municipality to be of cultural heritage value or interest;
And whereas on October 27, 2020, the Council of The Corporation of the Town of
Aurora (the “Town”) approved the recommendations contained in Report No. PDS20-
060, to designate the property municipally known as 28 Wellington Street West, as
described on the attached Schedule “A” (the “Property”) to be of cultural heritage
value or interest;
And whereas the Town Clerk caused notice of the intention to designate the
Property to be served on the owner of the Property and the Ontario Heritage Trust
and published in a newspaper having general circulation in the municipality;
And whereas there were no objections to the proposed designation of the Property
served on the Town;
And whereas the Council of the Town deems it necessary and expedient to enact a
by-law to designate the Property to be of cultural heritage value or interest;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. The Property, as described on the attached Schedule “A”, be and is hereby
designated to be of cultural heritage value or interest.
2. A statement explaining the cultural heritage value or interest of the Property
and a description of the heritage attributes of the Property are set out on the
attached Schedule “B”.
3. The Town Clerk shall serve a copy of this by-law on the owner of the Property
and the Ontario Heritage Trust and publish notice of this by-law in a
newspaper having general circulation in the municipality.
4. The Town Solicitor shall register against the Property in the proper Land
Registry Office, a copy of this by-law including an Affidavit of the Town Clerk
respecting the giving of notice referenced herein to be attached to and
forming part of this by-law.
Enacted by Town of Aurora Council this 26th day of January, 2021.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 93 of 97
By-law Number XXXX-21 Page 2 of 4
Schedule “A”
Description of Property
All and singular those certain parcels or tracts of land and premises situate, lying and
being in the Town of Aurora, in the Regional Municipality of York, municipally known as
28 Wellington Street West, and being composed of Lot 2, Plan 36, Town of Aurora,
Regional Municipality of York, being all of PIN 03637-0337 (LT), including the primary
building thereon.
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By-law Number XXXX-21 Page 3 of 4
Schedule “B”
Statement of Cultural Heritage Value or Interest
The building at 28 Wellington Street West known as “Alfred Love House” was
constructed c. 1883. For nearly seventy years it remained the residence of Alfred Love.
The building has design or physical value as a fine example of the Second Empire Style
of architecture for small scale residences. This style is prominently displayed along the
main thoroughfare of Wellington Street. Its setting has changed little over the past
century and a half, which makes it one of the finest of the five remaining examples of
this architectural style in the Town of Aurora.
The traits that are exemplified in the house include its mansard roof with a slightly
sloped upper section and lower steeply pitched section, providing a useable second
floor instead of an attic, dormer windows complete with decorative wood window
surrounds (somewhat buttress-like shaped boards), and its central brick gable complete
with round-arched door opening to the former balcony atop a mansard roofed front
porch.
The building has historical or associative value due to its long connection with Alfred
Love. Love had the house constructed and he lived there until his death in 1943. Over
his career, Love became very involved in the local community and Town life. He served
on the Town Council for one year in 1893, and then as the Trustee for the local high
school. He was appointed a Justice of the Peace or Magistrate in 1896 and worked for
the Town in the capacity well into the 20th century. In addition to his work as the
Magistrate, he performed duties as an assessor and collector for the Town’s taxes.
Love was noted in a county biographical record published in 1907 for his superb career
as a public servant. He served on the Public School Board as its Secretary from 1916
until 1941, only two years before his death.
Love was deeply connected to the Town of Aurora and worked as a public servant for
most of his life, prior to which he worked at one of the foundational industries of the
Town, the Fleury Foundry, located across from his house.
The house has some contextual value because of its location within a block of the historic
down town. At one time, the house’s location along Wellington Street would have made it
a landmark because of the large lawn at its front and its high location across the street
from the Fleury Foundry, one of the foundational industries of the Town in the late 19th
century.
Description of Heritage Attributes
Important to the preservation of the property are the original key attributes that express
its value, which include the following exterior elements:
x Overall massing with main house and rear wing;
x Fieldstone foundations of the main house;
x Exterior yellow/buff brick walls with original mortar;
x Arched and flat brick lintels and masonry openings;
x Brick chimney (modified);
x Mansard roofs with slightly sloped upper sections and lower steeply pitched
sections on both the main house and rear wing;
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By-law Number XXXX-21 Page 4 of 4
x Central brick gable on the front elevation inclusive of round arched 2nd floor
brick opening and decorative wood trim (similar to dormer window wood
surrounds) at the sides;
x Dormer windows (windows themselves are not original) complete with
decorative wood window surrounds (somewhat buttress-like shaped boards);
x Front entrance wood screen door and inner wood door with double arched glazed
openings in the upper half with solid wood panels below. Original hardware
inclusive of rim/box locks, ceramic knobs and decorative hinges;
x Second floor wood door with double arched glazed openings in the upper half
with solid wood panels below. Original hardware inclusive of rim/box locks,
ceramic knobs and decorative hinges;
x Glazed semi-circular transom above second floor door complete with semi-
circular wood shutter (hardware if extant);
x The prominent height of the land with views to the site from Wellington Street
and from the site to the east and west along Wellington Street;
x The location and setback of the house from Wellington Street; and
x The stone retaining wall and pedestrian access from Wellington Street.
Page 96 of 97
The Corporation of The Town of Aurora By-law Number XXXX-21 Being a By-law to confirm actions by Council resulting from a Council meeting on January 26, 2021. The Council of the Corporation of The Town of Aurora hereby enacts as follows:
1. That the actions by Council at its Council meeting held on January 26, 2021, in
respect of each motion, resolution and other action passed and taken by the
Council at the said meeting is hereby adopted, ratified and confirmed.
2. That the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
Enacted by Town of Aurora Council this 26th day of January, 2021.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
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