MINUTES - Council - 20220222 1
Town of Aurora
Council
Meeting Minutes
Date:
Time:
Location:
Tuesday, February 22, 2022
7:00 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Tom Mrakas (Chair)
Councillor Wendy Gaertner (arrived at 7:06 pm.)*
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*
Lisa Hausz, Acting Director, Planning and Development
Services*
Techa van Leeuwen, Director of Corporate Services*
Rachel Wainwright-van Kessel, Director of Finance*
Carley Smith, Manager, Corporate Communications*
Patricia De Sario, Town Solicitor*
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Ishita Soneji, Council/Committee Coordinator
*Attended electronically
_____________________________________________________________________
1. Call to Order
The Mayor called the meeting to order at 7 p.m.
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Council consented to recess the meeting at 9:11 p.m. and reconvened the
meeting at 9:22 p.m.
The Mayor relinquished the Chair to Councillor Kim at 9:55 p.m. during the
consideration of Motion 10.1, Re: Request to Dissolve Ontario Land Tribunal
(OLT), and reassumed the chair at 10:22 p.m.
2. Land Acknowledgement
Mayor Mrakas acknowledged that the meeting took place on the traditional
territory of the Anishinaabe, the Haudenosaunee, and the Wendat peoples whose
presence here continues to this day. He further noted that Aurora is part of the
treaty lands of the Mississaugas of the Credit and the Williams Treaties First
Nations and thanked them for sharing the land.
3. Approval of the Agenda
Moved by Councillor Gilliland
Seconded by Councillor Humfryes
That the revised agenda as circulated by Legislative Services, be approved.
Yeas (6): Mayor Mrakas, Councillor Gallo, Councillor Gilliland, Councillor
Humfryes, Councillor Kim, and Councillor Thompson
Absent (1): Councillor Gaertner
Carried (6 to 0)
4. 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.
5. Community Presentations
None.
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6. Delegations
6.1 Mark Winfield, Professor, Faculty of Environmental and Urban Change, York
University; Re: Motion 10.1 - Mayor Mrakas; Re: Request to Dissolve Ontario
Land Tribunal (OLT)
Mark Winfield spoke in support of the dissolution of the Ontario Land
Tribunal and provided an informed overview of the impacts on
municipalities due to changes in the province's planning process. He
further expressed concerns regarding the current planning process and
emphasized the need for reform to uphold municipal planning decisions.
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the comments of the delegation be received and referred to Motion
10.1.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
6.2 Janet Matthews, Resident; Re: Motion 10.1 - Mayor Mrakas; Re: Request to
Dissolve Ontario Land Tribunal (OLT)
Janet Matthews spoke in support of the dissolution of the Ontario Land
Tribunal expressing concerns regarding the current municipal planning
appeals process. She further emphasized the need for reform to ensure
municipal planning decisions and Official Plan policies are upheld.
Moved by Councillor Humfryes
Seconded by Councillor Gaertner
That the comments of the delegation be received and referred to Motion
10.1.
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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7. Consent Agenda
Moved by Councillor Gilliland
Seconded by Councillor Thompson
That the Consent Agenda Items, 7.1 to 7.4 inclusive, be approved.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
7.1 Council Meeting Minutes of January 25, 2022
1. That the Council meeting minutes of January 25, 2022, be adopted as
circulated.
Carried
7.2 Council Closed Session Minutes of January 25, 2022
1. That the Council Closed Session minutes of January 25, 2022, be
adopted as circulated.
Carried
7.3 Council Closed Session Public Meeting Minutes of January 25, 2022
1. That the Council Closed Session Public meeting minutes of January
25, 2022, be adopted as circulated.
Carried
7.4 Council Public Planning Meeting Minutes of January 18, 2022
1. That the Council Public Planning meeting minutes of January 18, 2022,
be adopted as circulated.
Carried
8. Standing Committee Reports
Moved by Councillor Thompson
Seconded by Councillor Gilliland
That the Standing Committee Reports, items 8.1 to 8.2 inclusive, be received and
the recommendations carried by the Committee with the exception of sub-items
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8.1.5, 8.2.1, 8.2.2, and 8.2.6, 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)
8.1 General Committee Report of February 1, 2022
8.1.1 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region
Conservation Authority Board Meeting Highlights of December 17,
2021
Memo
1. That the memorandum regarding Lake Simcoe Region
Conservation Authority Board Meeting Highlights of December
17, 2021, be received for information.
Carried
8.1.2 Heritage Advisory Committee Meeting Minutes of January 12, 2022
Minutes
1. That the Heritage Advisory Committee meeting minutes of
January 12, 2022, be received for information.
Carried
8.1.3 Finance Advisory Committee Meeting Minutes of January 18, 2022
Minutes
1. That the Finance Advisory Committee Meeting Minutes of
January 18, 2022, be received for information.
Carried
8.1.4 Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of
January 19, 2022
Minutes
1. That the Anti-Black Racism and Anti-Racism Task Force
Meeting Minutes of January 19, 2022, be received for
information.
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Carried
8.1.5 CMS22-006 - SARC Gymnasium Addition – Project Update
Report
Moved by Councillor Gilliland
Seconded by Councillor Thompson
1. That Report No. CMS22-006 be received; and
2. That staff be directed to proceed with Option 1, a single
gymnasium, multipurpose space and renovated customer
service and administration space; and
3. That staff report back to Council with a final design and
updated cost estimate prior to tender issuance.
Yeas (5): Mayor Mrakas, Councillor Gilliland, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Nays (2): Councillor Gaertner, and Councillor Gallo
Carried (5 to 2)
8.1.6 PDS22-005 - Application for Site Plan Approval, TFP Aurora
Developments Limited, 20 and 25 Mavrinac Boulevard, Blocks 1, 2
and 6, Plan 65M-3852, File Number: SP-2021-08, Related File
Numbers: OPA-2017-01, ZBA-2017-03 & SUB-2017-02
Report Figures 1-9
1. That Report No. PDS22-005 be received; and
2. That Site Plan Application File SP-2021-08 to permit the
development of 211 units (210 townhouse units and 1 single
detached unit) on two proposed common element
condominiums be approved, in principle, subject to the
following conditions:
i. That all outstanding comments and requirements from
Town and external agencies be addressed to the
satisfaction of the Director of Planning and Development
Services, prior to execution of a Site Plan agreement; and
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ii. That the Owners enter into a Site Plan Agreement with the
Town to address requirements of the Town and external
agencies, including but not limited to, the provision for
payment by the Owner of all applicable fees, securities, and
any other financial obligations; and
3. That approval of future Draft Plan of Condominium
Application(s) required to implement Site Plan Application File
SP-2021-08 be delegated to the Director of Planning and
Development Services.
Carried
8.1.7 CMS22-005 - Disc Golf Course Update
Report Attachment 1
1. That Report No. CMS22-005 be received; and
2. That Highland Gate be removed as a potential location to build
a disc golf course; and
3. That the evaluation and review to build a disc golf course be
referred to the Parks and Recreation Master Plan review
process.
Carried
8.1.8 CS22-002 - Updates to the Use of Corporate Resources for Election
Campaign Purposes Policy
Report Attachment 1
1. That Report No. CS22-002 be received; and
2. That the policy be amended to disallow the rental of Town
facilities for election campaign purposes; and
3. That the policy be amended to allow candidates to use meeting
videos on the Town's YouTube Channel in their campaign
material; and
4. That the amendments to the Use of Corporate Resources for
Election Campaign Purposes Policy be approved.
Carried
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8.1.9 FIN22-003 - Property Tax and Water Bill Payment Options
Report
1. That Report No. FIN22-003 be received; and
2. That Council endorse the elimination of cash transactions at
Town Hall for property tax and water bill payments.
Carried
8.1.10 New Business Motion No. 1
1. That the comments from Delegation 6.1, by Michael White,
regarding the responsibility of maintenance of the catch basin,
drainage swale, and retaining wall between Underhill Cres and
Rachewood Crt, be referred to staff to report back to Council.
Carried
8.1.11 General Committee Closed Session Minutes of February 1, 2022
1. That the General Committee Closed Session minutes of
February 1, 2022, be received for information.
Carried
8.1.12 Personal matters about an identifiable individual, including municipal
or local board employees (Section 239(2)(b) of the Municipal Act,
2001); Re: Verbal Update from the CAO
1. That the verbal update from the CAO be received for
information.
Carried
8.2 General Committee Report of February 15, 2022
8.2.1 PDS22-002 and PDS22-026 - Additional Info and Applications for
Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc.,
North East Quadrant of Wellington Street and John West Way, Part
Lot 81, Concession 1, Part 4 on Plan 65R-13645, File Numbers: ZBA-
2019-01 and SP-2020-05
PDS22-002: Report Figures 1-10 Appendices A-B Appendix C
PDS22-026: Report Appendix A Appendix B
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Main motion No. 1
Moved by Councillor Kim
Seconded by Councillor Humfryes
1. That Report Nos. PDS22-002 and PDS22-026 be received; and
2. That the Zoning By-law Amendment Application File: ZBA 2019-
01 be endorsed in principle, including the proposed increase in
height in exchange for the proposed community benefits as
discussed herein; and
3. That the proposed Zoning By-law Amendment be brought
forward to a future Council meeting for enactment once an
agreement has been executed between the Town and the
Owner to secure the proposed Section 37 community benefits;
and
4. That Site Plan Application File: SP-2020-05 be approved in
principle topermit the development of a six-storey residential
apartment buildingwith 150 units; and
5. That servicing allocation be allocated to service the
development with 150 apartment units.
Amendment
Moved by Councillor Kim
Seconded by Councillor Humfryes
That the fourth clause of the main motion be replaced with the
following:
"That Site Plan Application File: SP-2020-05 be brought back to
Council for approval."
Yeas (5): Mayor Mrakas, Councillor Gilliland, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Nays (2): Councillor Gaertner, and Councillor Gallo
Carried (5 to 2)
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Main motion No. 1 as amended
Moved by Councillor Kim
Seconded by Councillor Humfryes
1. That Report Nos. PDS22-002 and PDS22-026 be received; and
2. That the Zoning By-law Amendment Application File: ZBA 2019-
01 be endorsed in principle, including the proposed increase in
height in exchange for the proposed community benefits as
discussed herein; and
3. That the proposed Zoning By-law Amendment be brought
forward to a future Council meeting for enactment once an
agreement has been executed between the Town and the
Owner to secure the proposed Section 37 community benefits;
and
4. That Site Plan Application File: SP-2020-05 be brought back to
Council for approval; and
5. That servicing allocation be allocated to service the
development with 150 apartment units.
Yeas (3): Councillor Gilliland, Councillor Humfryes, and Councillor
Kim
Nays (4): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, and
Councillor Thompson
Defeated (3 to 4)
Main motion No. 2
Moved by Councillor Gallo
Seconded by Councillor Gaertner
1. That Report Nos. PDS22-002 and PDS22-026 be received; and
2. That the applications for Zoning By-law Amendment and Site
Plan Control from L&B Aurora Inc. regarding the North East
Quadrant of Wellington Street and John West Way be refused
as the proposed development does not conform to the Town’s
Official Plan for reasons, including but not limited to the
following:
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i. It encroaches on environmental lands as well as the
established flood plain;
ii. The proposed density is not appropriate for the site;
iii. There is a significant adverse impact to species of concern
currently inhabiting the site;
iv. The outstanding conditions required by the Lake Simcoe
Region Conservation Authority create concern for the long-
term effects to the surrounding areas; and
v. No ground floor retail units proposed for the subject site.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Carried (7 to 0)
8.2.2 PDS22-032 - Zoning By-law Amendment, Shining Hill Collections Inc.,
306 St. Johns Sideroad West, File Number: ZBA-2021-02
Report Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Appendices
A-B
Main motion
Moved by Councillor Thompson
Seconded by Councillor Gilliland
1. That Report No. PDS22-032 be received; and
2. That the Zoning By-law Amendment Application File: ZBA 2021-
02 (Shining Hill Collections Inc.) be approved to rezone a
portion of the subject lands from “Oak Ridges Moraine Rural
(RU-ORM)” to “Institutional Exception Zone” [I (XX)]; and
3. That the Zoning By-law Amendment be brought forward to a
future Council meeting for enactment.
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Amendment
Moved by Councillor Gaertner
Seconded by Councillor Gallo
That the second clause of the main motion be amended as
follows:
"That the Zoning By-law Amendment Application File: ZBA
2021-02 (Shining Hill Collections Inc.) be approved to rezone a
portion of the subject lands from “Oak Ridges Moraine Rural
(RU-ORM)” to “Institutional Zone” [I]"
Yeas (4): Councillor Gaertner, Councillor Gallo, Councillor Humfryes,
and Councillor Kim
Nays (3): Mayor Mrakas, Councillor Gilliland, and Councillor
Thompson
Carried (4 to 3)
Main motion as amended
Moved by Councillor Thompson
Seconded by Councillor Gilliland
1. That Report No. PDS22-032 be received; and
2. That the Zoning By-law Amendment Application File: ZBA 2021-
02 (Shining Hill Collections Inc.) be approved to rezone a
portion of the subject lands from “Oak Ridges Moraine Rural
(RU-ORM)” to “Institutional Zone” [I]; and
3. That the Zoning By-law Amendment be brought forward to a
future Council meeting for enactment.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Carried (7 to 0)
8.2.3 CMS22-008 - Pet Cemetery – Project Update and Fencing Options
Report Attachment
1. That Report No. CMS22-008 be received; and
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2. That staff be directed to pursue historic recognition options for
the Pet Cemetery site; and
3. That staff be directed to include a new capital project in the
2023 budget for Council’s consideration for the construction of
permanent fencing around the Pet Cemetery lands.
Carried
8.2.4 CS22-007 -Town of Aurora Multi-Year Accessibility Plan 2022 – 2026
Report Attachment 1 Attachment 2
1. That Report No. CS22-007 be received; and
2. That Council endorse the new Town of Aurora Multi-Year
Accessibility Plan 2022 – 2026.
Carried
8.2.5 York Regional Council Highlights of January 27, 2022
Regional Report
1. That the York Regional Council Highlights of January 27, 2022,
be received for information.
Carried
8.2.6 New Business Motion No. 1
Moved by Councillor Thompson
Seconded by Councillor Humfryes
1. That the comments from Delegation 6.1, by George Popalis,
regarding municipal tree removal request, be referred to staff to
report back to Council.
Yeas (4): Mayor Mrakas, Councillor Gaertner, Councillor Humfryes,
and Councillor Kim
Nays (3): Councillor Gallo, Councillor Gilliland, and Councillor
Thompson
Carried (4 to 3)
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9. Consideration of Items Requiring Discussion (Regular Agenda)
None.
10. Motions
10.1 Mayor Mrakas; Re: Request to Dissolve Ontario Land Tribunal (OLT)
Moved by Mayor Mrakas
Seconded by Councillor Humfryes
Whereas Municipalities across this province collectively spend millions of
dollars of taxpayer money and municipal resources developing Official
Plans that meet current Provincial Planning Policy; and
Whereas an Official Plan is developed through months of public
consultation to ensure, “that future planning and development will meet
the specific needs of (our) community”; and
Whereas our Official Plan includes provisions that encourage
development of the “missing middle” or “gentle density” to meet the need
for attainable housing in our community; and
Whereas our Official Plan is ultimately approved by the province; and
Whereas it is within the legislative purview of Municipal Council to
approve Official Plan amendments or Zoning By-law changes that better
the community or fit within the vision of the Town of Aurora Official Plan;
and
Whereas it is also within the legislative purview of Municipal Council to
deny Official Plan amendments or Zoning By-law changes that do not
better the community or do not fit within the vision of the Town of Aurora
Official Plan; and
Whereas municipal planning decisions may be appealed to the Ontario
Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an
unelected, appointed body that is not accountable to the residents of
Aurora; and
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Whereas the OLT has the authority to make a final decision on planning
matters based on a “best planning outcome” and not whether the
proposed development is in compliance with municipal Official Plans; and
Whereas all decisions—save planning decisions—made by Municipal
Council are only subject to appeal by judicial review and such appeals are
limited to questions of law and or process; and
Whereas Ontario is the only province in Canada that empowers a separate
adjudicative tribunal to review and overrule local decisions applying
provincially approved plans; and
Whereas towns and cities across this Province are repeatedly forced to
spend millions of dollars defending Official Plans that have already been
approved by the province in expensive, time consuming and ultimately
futile OLT hearings; and
Whereas lengthy, costly OLT hearings add years to the development
approval process and acts as a barrier to the development of attainable
housing;
1. Now Therefore Be It Hereby Resolved That Town of Aurora Council
requests the Government of Ontario to dissolve the OLT immediately
thereby eliminating one of the most significant sources of red tape
delaying the development of more attainable housing in Ontario; and
2. Be It Further Resolved That a copy of this Motion be sent to the
Honourable Doug Ford, Premier of Ontario, the Minister of Municipal
Affairs and Housing, the Leader of the Opposition, the Leaders of the
Liberal and Green Party, all MPPs in the Province of Ontario; the Large
Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and
Regional Chairs of Ontario; and
3. Be It Further Resolved That a copy of this Motion be sent to the
Association of Municipalities of Ontario (AMO) and all Ontario
municipalities for their consideration.
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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11. New Business
Councillor Gaertner expressed condolences on the passing of Auroran Harry
Lumsden, famously known as Aurora's Trumpeter swan champion.
Councillor Humfryes expressed appreciation to the By-law Division for their
prompt response to residents' noise concerns at the Highland Green
condominium.
Councillor Humfryes expressed appreciation to the Operations crew and
department for their efforts in helping various impacted residents during the
recent snowstorm.
Councillor Gilliland referred to residents' inquiry regarding the plan to replace the
Town Park playground and the associated public consultation process, and staff
noted that the replacement is scheduled for 2024 as per the 10-Year Capital Plan
and public consultation would be conducted. She further inquired about the
availability of additional picnic tables for outdoor dining in the Town Park area
and staff provided a response.
Councillor Gallo inquired about the availability of meeting agendas and minutes
prior to 2014 on the Town website, and staff provided a response noting that a
public portal for agendas, minuets, and by-laws is being developed and
forthcoming.
12. By-laws
Moved by Councillor Gilliland
Seconded by Councillor Kim
That By-laws 12.1, 12.2, and amended by-law 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)
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12.1 By-law Number 6403-22 - Being a By-law to declare as surplus and sell
municipal lands (Barrie Rail Corridor properties).
12.2 By-law Number 6404-22 - Being a By-law to enact a new Procurement By-
law for the Town of Aurora.
12.3 By-law Number 6405-22 - Being a By-law to amend By-law Number 6000-17,
as amended, respecting the lands municipally known as 306 St. Johns
Sideroad West (File No. ZBA-2021-02).
13. Closed Session
There are no Closed Session items for this meeting.
14. Confirming By-law
14.1 By-law No. 6406-22 Being a by-law to confirm actions by Council resulting
from a Council meeting on February 22, 2022
Moved by Councillor Humfryes
Seconded by Councillor Kim
That the confirming by-law be enacted.
Carried
15. Adjournment
Moved by Councillor Gilliland
Seconded by Councillor Thompson
That the meeting be adjourned at 10:36 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk