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MINUTES - Council - 20210928 1 Town of Aurora Council Meeting Minutes Date: Time: Location: Tuesday, September 28, 2021 7 p.m. Council Chambers, Aurora Town Hall Council Members: Mayor Mrakas (Chair) Councillor Wendy Gaertner* Councillor John Gallo* Councillor Rachel Gilliland Councillor Sandra Humfryes Councillor Harold Kim Councillor Michael Thompson Other Attendees: Doug Nadorozny, Chief Administrative Officer Allan Downey, Director of Operations* Robin McDougall, Director of Community Services* David Waters, Director of Planning and Development Services* Eliza Bennett, Acting Manager, Corporate Communications* Jason Gaertner, Acting Director of Finance* Demetre Rigakos, Manager, Human Resources* Phillip Rose, Manager, Aurora Town Square* Alex Wray, Manager, By-law Services* Patricia De Sario, Town Solicitor* Michael de Rond, Town Clerk and Acting Director of Corporate Services Samantha Yew, Deputy Town Clerk Linda Bottos, Council/Committee Coordinator *Attended electronically _____________________________________________________________________ 1. Procedural Notes 2 This meeting was held in person and 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 p.m. The Mayor relinquished the chair to Councillor Kim at 7:26 p.m. during consideration of Motion 9.1, Re: LDD Moth Infestation, and reassumed the chair at 7:37 p.m. 2. Approval of the Agenda Main motion Moved by Councillor Kim Seconded by Councillor Humfryes That the revised agenda as circulated by Legislative Services be approved. Amendment Moved by Councillor Gallo Seconded by Councillor Thompson That the Notice of Motion provisions in the Procedure By-law be waived to permit the addition of a motion regarding amending the Mandatory Vaccination Policy to include the option for frequent rapid antigen testing. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson On a two-thirds majority vote the motion Carried (7 to 0) Main motion as amended Moved by Councillor Kim Seconded by Councillor Humfryes That the revised agenda as circulated by Legislative Services be approved with the following addition:  Motion 9.4 - Councillor Gallo; Re: Mandatory COVID-19 Vaccination Policy Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 3 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. Community Presentations None. 5. Delegations 5.1 Todd and Keltie Stewart, Residents and Dave Doran, Doran Custom Designs; Re: Item 8.1 - PDS21-104 - Heritage Permit Application, File: HPA-2021-11, 65 Spruce Street Keltie and Todd Stewart provided background and a brief overview of their application and requested Council's consideration to expedite the heritage permit application approval process to allow their immediate application for a building permit. Moved by Councillor Gilliland Seconded by Councillor Thompson That the comments of the delegation be received and referred to item 8.1. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 6. Consent Agenda Moved by Councillor Gilliland Seconded by Councillor Humfryes That the Consent Agenda items, 6.1 to 6.9 inclusive, be approved. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 4 6.1 Council Meeting Minutes of July 13, 2021 1. That the Council meeting minutes of July 13, 2021, be adopted as circulated. Carried 6.2 Council Closed Session Minutes of July 6, 2021 (confidential attachment) 1. That the Council Closed Session minutes of July 6, 2021, be adopted as circulated. Carried 6.3 Council Closed Session Public Meeting Minutes of July 6, 2021 1. That the Council Closed Session Public meeting minutes of July 6, 2021, be adopted as circulated. Carried 6.4 Council Closed Session Minutes of July 13, 2021 (confidential attachment) 1. That the Council Closed Session minutes of July 13, 2021, be adopted as circulated. Carried 6.5 Council Closed Session Public Meeting Minutes of July 13, 2021 1. That the Council Closed Session Public meeting minutes of July 13, 2021, be adopted as circulated. Carried 6.6 Special Meeting of Council Minutes of August 17, 2021 1. That the Special Meeting of Council minutes of August 17, 2021, be adopted as circulated. Carried 6.7 Council Closed Session Minutes of September 7, 2021 (confidential attachment) 1. That the Council Closed Session minutes of September 7, 2021, be adopted as circulated. Carried 5 6.8 Council Closed Session Public Meeting Minutes of September 7, 2021 1. That the Council Closed Session Public meeting minutes of September 7, 2021, be adopted as circulated. Carried 6.9 Council Public Planning Meeting Minutes of September 14, 2021 1. That the Council Public Planning meeting minutes of September 14, 2021, be adopted as circulated. Carried 7. Standing Committee Reports Moved by Councillor Humfryes Seconded by Councillor Kim That the Standing Committee Reports, items 7.1 to 7.2 inclusive, be received and the recommendations carried by the Committee approved, with the exception of sub-items 7.1.3 and 7.2.3, 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 September 7, 2021 7.1.1 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 25, 2021 Memo 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 25, 2021, be received for information. Carried 7.1.2 Mayor's Golf Classic Funds Committee Meeting Minutes of July 20, 2021 Minutes 6 1. That the Mayor's Golf Classic Funds Committee meeting minutes of July 20, 2021, be received for information. Carried 7.1.3 CS21-067 - Proposed Noise By-law Update Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Moved by Councillor Gilliland Seconded by Councillor Kim 1. That Report No. CS21-067 be received; and 2. That the proposed Noise By-law be brought forward to a future Council meeting for enactment, repealing and replacing the current Noise By-law No. 4787-06.P. Yeas (6): Mayor Mrakas, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Nays (1): Councillor Gaertner Carried (6 to 1) 7.1.4 PDS21-091 - Request for a Parking By-law Amendment on Benville Crescent Report Figure 1 1. That Report No. PDS21-091 be received; and 2. That staff monitor the on-street parking activity on Benville Crescent around Evans Park, survey the residents, and report back to a future General Committee meeting with the results and recommendations before the end of 2021. Carried 7.1.5 PDS21-098 - Incorporating a Climate Lens in Town Governance and Operations Report Attachment 1 Attachment 2 1. That Report No. PDS21-098 be received; and 2. That climate change considerations be incorporated into staff reports starting in January 2022; and 7 3. That climate change considerations be incorporated as part of the 2023 budget approval process. Carried 7.1.6 PDS21-083 - Assessment of a Proposed Sidewalk on Metcalfe Street Between Aurora Town Square and Town Park Report Attachment 1 Attachment 2 Attachment 3 1. That Report No. PDS21-083 be received; and 2. That the Town not proceed with the construction of a new sidewalk on the north side of Metcalfe Street, between Victoria Street and Wells Street. Carried 7.1.7 FIN21-035 - 2021 Year End Surplus/Deficit Management By-law and Reserve Management Adjustments Report Attachment 1 Attachment 2 1. That Report No. FIN21-035 be received; and 2. That the 2021 yearend surplus/deficit management by-law to manage the operating budget surplus or deficit through the use of reserves, as detailed in this report, be brought forward to a future Council meeting for approval; and 3. That the deletion of the six reserves identified in this report as no longer being required be approved; and 4. That the Treasurer be delegated the authority to delete reserves that are no longer required; and 5. That the Treasurer report to Council annually on reserves that have been added or deleted. Carried 7.2 General Committee Meeting Report of September 21, 2021 7.2.1 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of July 23, 2021 Memo 8 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of July 23, 2021, be received for information. Carried 7.2.2 Aurora Town Square Project Monitoring Task Force Meeting Minutes of July 13, 2021 Minutes 1. That the Aurora Town Square Project Monitoring Task Force Meeting Minutes of July 13, 2021, be received for information. Carried 7.2.3 CMS21-027 - Canadian Achievements Diversity and Inclusion Mural - Design Approval Report Attachment 1 Moved by Councillor Kim Seconded by Councillor Humfryes 1. That Report No. CMS21-027 be received; and 2. That the mural design titled Community Builds Community by Moonlight Murals Collective be approved for the Canadian Achievements Diversity and Inclusion Mural as selected by the Mural Selection Committee; and 3. That staff be directed to work with the artists to finalize the mural design, to be superimposed on the building, and be brought back to Council for final approval; and 4. That the northern wall of 15242 Yonge Street be approved as the location for the Canadian Achievements Diversity and Inclusion Mural. Yeas (4): Mayor Mrakas, Councillor Humfryes, Councillor Kim, and Councillor Thompson Nays (3): Councillor Gaertner, Councillor Gallo, and Councillor Gilliland Carried (4 to 3) 7.2.4 CMS21-029 - Aurora Town Square Governance Update 9 Report 1. That Report No. CMS21-029 be received; and 2. That the Fees and Charges By-law be updated to accommodate all Aurora Town Square services, activities, and use of property as necessary. Carried 7.2.5 FIN21-037 - Second Generation Asset Management Plan Report Attachment 1 Staff Presentation Consultant Presentation That Report No. FIN21-037 be referred to the Council meeting of October 26, 2021. Carried 7.2.6 PDS21-100 - Revision to Draft Plan of Subdivision Approval to Include a Three-year Lapsing Provision - Edenbrook (Aurora) Inc. 929 St. John’s Sideroad, Part of Lot 25, Concession 2, Town of Aurora, File Number: D12-06-12 Report Figures 1-4 Schedule A 1. That Report No. PDS21-100 be received; and 2. That the Draft Approved Plan of Subdivision Conditions for Edenbrook (Aurora) Inc. at 929 St. John’s Sideroad, File D12-06- 12, be revised to include a new condition that Draft Subdivision approval will expire three (3) years following the date of this revision; and 3. That this revision to the Draft Approved Plan of Subdivision conditions is considered minor and does not require notice in accordance with Section 51(47) of the Planning Act, R.S.O. 1990, c. P.13. Carried 7.2.7 PDS21-108 - Aurora Promenade Community Improvement Plan Report Attachment 1 Attachment 2 1. That Report No. PDS21-108 be received; and 10 2. That staff be authorized to initiate the process to update the Aurora Promenade Community Improvement Plan. Carried 8. Consideration of Items Requiring Discussion (Regular Agenda) Council consented to consider item 8.1 prior to consideration of section 7, Standing Committee Reports. 8.1 PDS21-104 - Heritage Permit Application, File: HPA-2021-11, 65 Spruce Street Moved by Councillor Thompson Seconded by Councillor Humfryes 1. That Report No. PDS21-104 be received; and 2. That Heritage Permit Application HPA-2021-11 be approved to permit a second storey rear addition, proposed canopy over the existing porch, relocate existing skylight to the north façade of the rear addition, and one (1) new window opening for the existing dwelling at 65 Spruce Street. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 9. Motions 9.1 Mayor Mrakas; Re: LDD Moth Infestation Moved by Mayor Mrakas Seconded by Councillor Gilliland Whereas areas of the Town of Aurora are experiencing an infestation of the caterpillar stage of the of Lymantria dispar dispar, commonly known as LDD moths; and Whereas, according to the LSRCA, the LDD moth is “an invasive insect (that) goes through cycles in which the population increases for several years and then declines”. This year is predicted to be an outbreak year, based on observations and monitoring in 2020 and through the winter of 2021; and 11 Whereas the LDD moth population tends to peak every 10 years, and each outbreak can last a few years; and Whereas we are currently in year two of a boom; and Whereas the LDD moth can have serious, negative impacts on the forest canopy, defoliating a significant volume of trees during an infestation; and Whereas healthy trees can generally survive, back-to-back years of LDD moth feeding can weaken a tree, making it susceptible to disease and damage from other insects and even death for some trees; and Whereas the Town has provided information for residents on how to protect the trees on their property and was the first municipality in York Region to provide burlap wraps to homeowners; 1. Now Therefore Be it Hereby Resolved That staff review and report back on all options to control the LDD moth infestation and manage future years of this cycle, including: burlap banding, removal of eggs, pheromone traps in areas with moderate to severe infestation, and consider targeted spraying of BTK (Bacterium Spray Treatment) within the appropriate timeframe in all severely infested areas of public lands and Town trees within the Town’s right of way on severely infested streets; and 2. Be It Further Resolved That the Town of Aurora adopt the same practice as neighbouring municipalities, taking a “good neighbour” approach and spraying buffer strips on the borders of publicly owned Town of Aurora lands and private lands where there is known to be a severe infestation of LDD moths. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 9.2 Councillor Humfryes; Re: National Day for Truth and Reconciliation Moved by Councillor Humfryes Seconded by Councillor Gilliland Whereas the Truth and Reconciliation Commission (TRC) released its final report on June 2, 2015, which included 94 Calls to Action to redress the 12 legacy of residential schools and advance the process of Canadian reconciliation; and Whereas the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action; and Whereas all Canadians and all orders of government have a role to play in reconciliation; and Whereas Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process; and Whereas the Federal Government has announced September 30, 2021, as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday; 1. Now Therefore Be It Hereby Resolved That the Council of the Town of Aurora does hereby commit to recognizing September 30, 2021, as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 9.3 Councillor Gilliland; Re: Outdoor Fitness Park Moved by Councillor Gilliland Seconded by Councillor Gaertner Whereas active fitness contributes to overall physical health and mental health wellbeing; and Whereas the Town of Aurora currently has outdoor fitness equipment that is rather spaced out in a run style circuit format, which may need upgrading and/or an assessment of functionality; and 13 Whereas the Town may have alternate opportunities to create an outdoor fitness park in new or existing park locations, such as in the underserviced southwest Aurora area; and Whereas current viral infections have prevented residents from indoor activities due to pandemic closures of various indoor facilities; and Whereas an outdoor fitness park will give opportunities for residents to freely exercise safely outdoors, create possible Town programming, and possible rental opportunities to generate revenue, such as ParkFitTO programming and Trekfit parks in Toronto; 1. Now Therefore Be It Hereby Resolved That staff report back with possible new fitness park locations or potential upgrades to current parks, including information on costing. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 9.4 Councillor Gallo; Re: Mandatory COVID-19 Vaccination Policy Moved by Councillor Gallo Seconded by Councillor Gaertner Whereas the Town of Aurora through the CAO’s authority has implemented a Mandatory COVID-19 Vaccination Policy effective September 13, 2021; and Whereas the policy does not explicitly allow for employees the option of undergoing frequent rapid antigen testing similar to other municipalities and large organizations; and Whereas the Federal Government is providing free rapid test kits and states: “Rapid tests are important screening tools to help you protect your employees, customers, their families and the community where they live. Not everyone who has COVID-19 will show symptoms. Studies suggest that people without symptoms may cause up to 50% of COVID-19 transmission. You can help reduce the risk of outbreaks by regularly testing and screening your employees. Regular rapid tests provide an extra layer of defence against the spread of the virus. Along with public health measures such as frequent 14 handwashing, physical distancing, wearing a mask and vaccination, workplace screening will help to:  slow the spread of COVID-19  keep your employees, their families and your community safe  safely reopen the economy To ensure workers have quick and easy access to COVID-19 rapid tests, the Government of Canada, some provincial and territorial governments, and distribution partners are providing free rapid tests to organizations for use in their workplace screening initiatives. Rapid tests are fast, easy and safe. They provide results in 15 minutes.”; and Whereas allowing employees the option of undergoing frequent rapid antigen testing maintains the health and safety of workers from the hazard of COVID-19 and provides employees a level of privacy; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora include in the Mandatory COVID-19 Vaccination Policy the option of undergoing frequent rapid antigen testing for all Town of Aurora employees, volunteers and students. Yeas (3): Councillor Gaertner, Councillor Gallo, and Councillor Gilliland Nays (4): Mayor Mrakas, Councillor Humfryes, Councillor Kim, and Councillor Thompson Defeated (3 to 4) 10. Regional Report None. 11. New Business Councillor Thompson inquired about the Town of Aurora’s plans for recognizing September 30, 2021, and staff provided a response noting the Town will be supporting and actively participating in the National Day for Truth and Reconciliation through the provision of learning opportunities and special community events. Mayor Mrakas added that there will be an Every Child Matters flag raising while all other flags are lowered. 15 Councillor Gilliland requested an update on the St. Andrews boardwalk construction at St. John's Sideroad and Yonge Street, and staff provided a response. Councillor Gilliland inquired about the opportunity for an electric vehicle (EV) supercharger station in Aurora's downtown core, and staff provided a response. Councillor Gaertner expressed appreciation to staff for the new safety-related signs installed at the Arboretum and the new playground equipment to be installed at the trailhead park of the David Tomlinson Nature Reserve (Wildlife Park). Councillor Gaertner remarked on the Moonlight Murals Collective website content changes made prior to Council's discussion regarding the Town's Canadian Achievements Diversity and Inclusion Mural design. Mayor Mrakas inquired about whether liquidated damages are included in the contract for the boardwalk construction project, and staff agreed to investigate and provide a response. 12. By-laws 12.1 By-law Number 6372-21 - Being a By-law to amend By-law Number 4574- 04.T, as amended, to regulate parking and traffic in the Town of Aurora (Electric Vehicle Charging Stations). 12.2 By-law Number 6373-21 - Being a By-law to amend By-law Number 4574- 04.T, as amended, to regulate parking and traffic in the Town of Aurora (No Parking Restricted Periods - Kitimat Crescent). 12.3 By-law Number 6374-21 - Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 20 and 25 Mavrinac Boulevard (TFP Aurora Inc.). Moved by Councillor Humfryes Seconded by Councillor Gilliland That the By-laws items, 12.1 to 12.3 inclusive, be enacted. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 16 13. Closed Session None. 14. Confirming By-law 14.1 By-law No. 6375-21 Being a By-law to confirm actions by Council resulting from a Council meeting on September 28, 2021 Moved by Councillor Gilliland Seconded by Councillor Kim That the confirming by-law be enacted. Carried 15. Adjournment Moved by Councillor Gilliland Seconded by Councillor Kim That the meeting be adjourned at 9 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk