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MINUTES - Council - 20150526 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, May 26, 2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Building and By-law Services, Director of Corporate and Financial Services/ Treasurer, Director of Infrastructure and Environmental Services, Director of Legal and Legislative Services/Town Solicitor, Director of Parks and Recreation Services, Director of Planning and Development Services, Town Clerk, and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:12 p.m. following Open Forum. On a motion of Councillor Thompson seconded by Councillor Mrakas, Council consented to resolve into a Closed Session meeting at 10:22 p.m., following the consideration of Item 7, and reconvened into open session at 11:20 p.m. 1. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2. APPROVAL OF THE AGENDA Main motion Moved by Councillor Thompson Seconded by Councillor Thom THAT the agenda as circulated by Legal and Legislative Services, with the following additions, be approved: Council Meeting Minutes Tuesday, May 26, 2015 Page 2 of 22  Special General Committee – 2015 Budget Review Meeting Minutes of February 23 (continued March 2, 9, 23, 30, and May 4), 2015  Presentation (a) Ron Weese, representing Sport Aurora; Re: CS4L (Canadian Sport for Life) “Active Aurora Project”  Delegation (c) David LeClaire, Vice-President, Highland Gate Rate Payer Association; Re: Motion (c) Councillor Gaertner; Re: Draft Tree Protection By-law  Closed Session Item 2 – Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Staff Performance  Closed Session Item 3 – Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001) Amendment Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT the requirements of subsection 3.8(a) of the Procedural By-law be waived to allow the addition of two more delegations to the agenda. Amendment DEFEATED Main motion CARRIED 3. ADOPTION OF THE MINUTES Council Meeting Minutes of May 11, 2015 General Committee Closed Session Meeting Minutes of May 4, 2015 Special General Committee – 2015 Budget Review Meeting Minutes of February 23 (continued March 2, 9, 23, 30, and May 4), 2015 (Added Item) Moved by Councillor Kim Seconded by Councillor Thom THAT the Council meeting minutes of May 11, 2015, the General Committee Closed Session meeting minutes of May 4, 2015, and the Special General Committee – 2015 Budget Review meeting minutes of February 23 (continued March 2, 9, 23, 30, and May 4), 2015, be adopted as printed and circulated. CARRIED Council Meeting Minutes Tuesday, May 26, 2015 Page 3 of 22 4. PRESENTATIONS (a) Ron Weese, representing Sport Aurora Re: CS4L (Canadian Sport for Life) “Active Aurora Project” (Added Item) Mr. Weese provided a short video of Newmarket-Aurora MP Lois Brown’s recent announcement in the House of Commons regarding the Town of Aurora’s goal to become “Canada’s Most Active Community”, through the involvement of sports leaders, students, seniors, corporations, government officials, and organizations, to help citizens become physically fit and more active throughout their entire lives. He presented a list of other Ontario municipalities that have committed to delivering healthy and appropriate physical activity, reviewed the “Recipe” for building a CS4L community, and noted the financial resources, sponsorships, and partnerships involved with the project. Mr. Weese further noted that members of Sport Aurora have formed a group to assist the Town in developing a sustainable Sport Plan to include the Active Aurora project, sport leadership, sport for all, sport for life, sport tourism, celebration and promotion of sport, and building capacity and sport infrastructure. He thanked Council and encouraged everyone to join in helping to make Aurora “Canada’s Most Active Community”. Moved by Councillor Thom Seconded by Councillor Humfryes THAT the presentation of Ron Weese be received for information. CARRIED 5. PUBLIC SERVICE ANNOUNCEMENTS Councillor Abel announced that Maunder’s Food Shop would be holding their annual “A Taste of Gratitude” fundraising event on Thursday, June 18, 2015, in support of the Heart & Stroke Foundation. Councillor Abel extended a reminder about the Annual Aurora Chamber Street Festival being held on Sunday, June 7, 2015. Mayor Dawe extended congratulations to Diane Buchanan, recipient of the 2015 Citizen of the Year Award, and other Community Recognition Awards recipients who were honoured at an event held at the Aurora Seniors’ Centre on May 25, 2015. Mayor Dawe announced that a Compost Giveaway Day would be held on Saturday, June 6, 2015, from 8 a.m. to 2 p.m. at the Operations Works Yard located at 9 Scanlon Court, and he noted that there would be a three-container limit per vehicle. Council Meeting Minutes Tuesday, May 26, 2015 Page 4 of 22 Mayor Dawe advised that the deadline for applications for the John West Memorial “Leaders of Tomorrow” Scholarship Award is Monday, June 1, 2015, and he noted that applications are available on the Town website. Mayor Dawe extended a reminder that the Town would be hosting the first of three public meetings on the Highland Gate Redevelopment proposal on Wednesday, June 24, 2015, at 6:30 p.m. at St. Maximilian Kolbe Catholic High School. 6. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (sub-items 2, 3, 5, 6, 10, 12, and 15), 2, 3, 5, 6, 7, 8, 9, and 10 were identified as items for discussion. 7. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-items 2, 3, 5, 6, 10, 12, and 15) and 4 were identified as items not requiring separate discussion. Moved by Councillor Gaertner Seconded by Councillor Thompson THAT the following recommendations with respect to the matters listed as “Items Not Requiring Separate Discussion” be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. General Committee Meeting Report of May 19, 2015 THAT the General Committee meeting report of May 19, 2015 be received and the following recommendations (with the exception of sub-items 7, 8, 13, and 16, which were referred to the Council meeting of May 26, 2015) carried by the Committee be approved: (1) PL15-037 – Application for Site Plan Approval, Perwick Investments Limited, Northeast Corner of Wellington Street East and John West Way, File: SP-2013-13 THAT Report No. PL15-037 be received; and THAT Site Plan Application File: SP-2013-13 (Perwick Investments Limited) be approved to permit the development of the subject lands for the construction of a one-storey 1,255 sqm Gross Floor Area (GFA) commercial plaza; and Council Meeting Minutes Tuesday, May 26, 2015 Page 5 of 22 THAT the Mayor and Town Clerk be authorized to execute the Site Plan Agreement, including any and all documents and ancillary agreements required to give effect to same. (4) PL15-041 – Proposed Zoning By-law, Medical Marihuana Production, File: ZBA-2014-02 THAT Report No. PL15-041 be received; and THAT staff be directed to schedule the draft Implementing Zoning By-law regulating Medical Marihuana Production for the next Council meeting for enactment; and THAT staff be directed to investigate the possibility of the creation of a Town licensing regime for medical marihuana production facilities aligned to that of the City of Mississauga. (7) PR15-013 – Facility Sponsorship Program – Pfaff Motors Inc. This item was referred to the Council meeting of May 26, 2015 (Item 3). (8) Memorandum from Director of Infrastructure & Environmental Services Re: Water Restriction Policy and Sewer and Water Allocation This item was referred to the Council meeting of May 26, 2015 (Item 4). (9) IES15-037 – Facility Projects Status Report THAT Report No. IES15-037 be received for information. (11) Memorandum from Manager of Special Projects Re: Private Members Bill 74 – Housing Services Corporation Accountability Act, 2015 THAT the memorandum regarding Private Members Bill 74 – Housing Services Corporation Accountability Act, 2015 be received for information. (13) Finance Advisory Committee Meeting Minutes of April 28, 2015 This item was referred to the Council meeting of May 26, 2015 (Item 5). (14) Accessibility Advisory Committee Meeting Minutes of May 6, 2015 THAT the Accessibility Advisory Committee meeting minutes of May 6, 2015 be received for information. Council Meeting Minutes Tuesday, May 26, 2015 Page 6 of 22 (16) Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights – April 24, 2015 – Meeting of the Board This item was referred to the Council meeting of May 26, 2015 (Item 6). 4. Memorandum from Director of Infrastructure & Environmental Services Re: Water Restriction Policy and Sewer and Water Allocation THAT the memorandum regarding Water Restriction Policy and Sewer and Water Allocation be received for information. CARRIED 8. DELEGATIONS (a) Stephen Macaulay, Resident Re: Item 1(3) – Report No. LLS15-036 – Request for an Encroachment Agreement (50 Pineneedle Drive) Mr. Macaulay requested Council’s approval of his request for an encroachment agreement with respect to the 300-foot, mature cedar hedge along the south side of his property, on the north side of Orchard Heights Boulevard. He addressed the concerns outlined in the staff report regarding winter maintenance of the adjacent sidewalk, snow plowing equipment, fire hydrant clearance, and traffic sightline obstructions. Moved by Councillor Humfryes Seconded by Councillor Thom THAT the comments of the delegation be received and referred to Item 1(3). CARRIED (b) Terry Kawar, Resident Re: Item 1(2) LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest) Mr. Kawar reconfirmed his previously provided background information and communications with the Town regarding the cedar tree hedge surrounding his property. Moved by Councillor Pirri Seconded by Councillor Kim THAT the comments of the delegation be received and referred to Item 1(2). CARRIED Council Meeting Minutes Tuesday, May 26, 2015 Page 7 of 22 (c) David LeClaire, Vice-President, Highland Gate Rate Payers Association Re: Motion (c) Councillor Gaertner; Re: Draft Tree Protection By-law (Added Item) Mr. LeClaire, on behalf of the membership of the Highland Gate Rate Payers Association (HGRPA), spoke in support of Councillor Gaertner’s Motion to renew development of a new Tree By-law and expressed concern that golf courses are exempt from requiring a permit for tree removal. He suggested that Council consider a better balance between protecting the Town’s woodlot assets and competing commercial pressures with a Tree By-law that requires all citizens, individual and corporate, to be subject to the permit process. Mr. LeClaire requested that Council take appropriate measures to ensure that no tree cutting takes place on the Highland Gate golf course until such time that an application has been considered. Moved by Councillor Pirri Seconded by Councillor Thom THAT the comments of the delegation be received and referred to Motion (c), Draft Tree Protection By-law. CARRIED 9. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report of May 19, 2015 (2) LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest) Moved by Councillor Thom Seconded by Councillor Pirri THAT Report No. LLS15-035 be received; and THAT the request of the owners of 29 Mendy’s Forest to enter into an encroachment agreement with the Town be denied; and THAT the owners of 29 Mendy’s Forest be required to remove any encroachments from the Town’s lands no later than July 15, 2015; and THAT, if the owners refuse to remove any encroachments from the Town’s lands, then Town staff shall remove the encroachments as soon as possible after July 31, 2015; and THAT staff be directed to assist the owner of 29 Mendy’s Forest in relocating the cedar tree hedge, currently located on Town-owned lands, in accordance with the terms of the offer of assistance made by the Town Clerk on February 26, 2015. Council Meeting Minutes Tuesday, May 26, 2015 Page 8 of 22 Motion to defer Moved by Councillor Kim Seconded by Councillor Abel THAT Item 1(2), Report No. LLS15-035 – Request for an Encroachment Agreement (29 Mendy’s Forest), be deferred until such time that staff reports back to Council regarding the policy for management of encroachments throughout the Town. On a recorded vote the motion CARRIED YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Gaertner, Humfryes, Kim, Mrakas, Thom, and Mayor Dawe VOTING NAYS: Councillors Pirri and Thompson ABSENT: Councillor Abel 1. General Committee Meeting Report of May 19, 2015 (3) LLS15-036 – Request for an Encroachment Agreement (50 Pineneedle Drive) Motion to defer Moved by Councillor Pirri Seconded by Councillor Kim THAT Item 1(3), Report No. LLS15-036 – Request for an Encroachment Agreement (50 Pineneedle Drive), be deferred until such time that staff reports back to Council regarding the policy for management of encroachments throughout the Town. CARRIED 1. General Committee Meeting Report of May 19, 2015 (5) PL15-042 – Bill 73 (Proposed Smart Growth for our Communities Act, 2015), an Act to Amend the Development Charges and Planning Acts On a motion of Councillor Thompson seconded by Councillor Thom, Council consented to consider Item 1(5) following the discussion of Item 10 “Motion for Which Notice Has Been Given (c), Draft Tree Protection By-law.” Main motion Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Report No. PL15-042 be received; and Council Meeting Minutes Tuesday, May 26, 2015 Page 9 of 22 THAT Planning and Development Services be authorized to send comments to the Ministry of Municipal Affairs and Housing prior to their June 3, 2015, deadline; and THAT, in addition to supporting the staff comments identified in Report No. PL15- 042, Council endorses restoring more decision-making authority for municipalities on local planning matters, and limiting the influence of the Ontario Municipal Board, essentially granting municipalities more powers to manage the demands caused by growth and intensification. Amendment Moved by Councillor Abel Seconded by Councillor Thom THAT the main motion be amended by adding the following clauses: “THAT a letter signed by Members of Council be sent to Newmarket- Aurora MPP Chris Ballard and all other Members of Provincial Parliament, and to the leaders of the Ontario Liberal Party, the Progressive Conservative Party of Ontario, and the Ontario New Democratic Party, expressing support for the provisions in Bill 73 that would give municipal councils more power and responsibility in planning decisions, and requesting that those provisions be enacted as soon as possible; and THAT a copy of the letter also be sent to the Ministry of Municipal Affairs and Housing, The Regional Municipality of York, all municipalities within York Region, all municipalities within the Greenbelt (Golden Horseshoe) area, and the Association of Municipalities of Ontario (AMO).” Amendment CARRIED Main motion as amended Moved by Councillor Thompson Seconded by Councillor Humfryes THAT Report No. PL15-042 be received; and THAT Planning and Development Services be authorized to send comments to the Ministry of Municipal Affairs and Housing prior to their June 3, 2015, deadline; and THAT, in addition to supporting the staff comments identified in Report No. PL15- 042, Council endorses restoring more decision-making authority for municipalities on local planning matters, and limiting the influence of the Ontario Municipal Board, essentially granting municipalities more powers to manage the demands caused by growth and intensification; and Council Meeting Minutes Tuesday, May 26, 2015 Page 10 of 22 THAT a letter signed by Members of Council be sent to Newmarket-Aurora MPP Chris Ballard and all other Members of Provincial Parliament, and to the leaders of the Ontario Liberal Party, the Progressive Conservative Party of Ontario, and the Ontario New Democratic Party, expressing support for the provisions in Bill 73 that would give municipal councils more power and responsibility in planning decisions, and requesting that those provisions be enacted as soon as possible; and THAT a copy of the letter also be sent to the Ministry of Municipal Affairs and Housing, The Regional Municipality of York, all municipalities within York Region, all municipalities within the Greenbelt (Golden Horseshoe) area, and the Association of Municipalities of Ontario (AMO). CARRIED AS AMENDED 1. General Committee Meeting Report of May 19, 2015 (6) PL15-043 – Oak Ridges Moraine Conservation Plan Review (2015) On a motion of Councillor Gaertner seconded by Councillor Mrakas, Council consented to consider Item 1(6) following the discussion of Item 1(5). Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT Report No. PL15-043 be received; and THAT Council endorse the comments prepared by staff regarding the 2015 Provincial Review of the Oak Ridges Moraine Conservation Plan; and THAT Report No. PL15-043 and related Council resolution be forwarded to York Region and the Ontario Ministry of Municipal Affairs & Housing by their May 28, 2015, deadline. Motion to refer Moved by Councillor Pirri Seconded by Councillor Gaertner THAT Item 1(6), Report No. PL15-043 – Oak Ridges Moraine Conservation Plan Review (2015), be referred to a Special Council meeting to be held before the end of June 2015. CARRIED 1. General Committee Meeting Report of May 19, 2015 (10) IES15-038 – Strategy for Traffic Signs Installation Council Meeting Minutes Tuesday, May 26, 2015 Page 11 of 22 Motion to refer Moved by Councillor Thompson Seconded by Councillor Kim THAT Item 1(10), Report No. IES15-038 – Strategy for Traffic Signs Installation, be referred to the General Committee meeting of June 2, 2015. CARRIED 1. General Committee Meeting Report of May 19, 2015 (12) Aurora Family Leisure Complex Liaison Committee Meeting Minutes of April 24, 2015 On a motion of Councillor Gaertner seconded by Councillor Humfryes, Council consented to consider Item 1(12) following the discussion of Item 10. Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the Aurora Family Leisure Complex Liaison Committee meeting minutes of April 24, 2015, be received for information. CARRIED 1. General Committee Meeting Report of May 19, 2015 (15) Aurora Family Leisure Complex Liaison Committee Meeting Minutes of May 7, 2015 Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the Aurora Family Leisure Complex Liaison Committee meeting minutes of May 7, 2015, be received for information. CARRIED 2. LLS15-039 – General Committee Closed Session Report of May 19, 2015 On a motion of Councillor Thompson seconded by Councillor Thom, Council consented to consider Item 2 following the consideration of By-law Number 5733-15. Moved by Councillor Mrakas Seconded by Councillor Thompson THAT Report No. LLS15-039 be received; and Council Meeting Minutes Tuesday, May 26, 2015 Page 12 of 22 THAT Council adopt the following recommendations from the General Committee Closed Session meeting of May 19, 2015: 1. Litigation or potential litigation including matters before administrative tribunals, affecting the Town or a Local Board (section 239(2)(e) of the Municipal Act, 2001); Re: PL15-045 – Appeal to the Ontario Municipal Board re Pechen OMB Case No.: PL141323, Committee of Adjustment Variance Applications – D13-(32A-F)-14, 251 Willis Drive, Lot 23, Plan 65M-3219 THAT Closed Session Report No. PL15-045 be received; and THAT the confidential recommendations of General Committee on May 19, 2015, in respect of an appeal to the Ontario Municipal Board (Pechen) be approved. 2. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Staff Performance (Deferred by Council on May 11, 2015) THAT the confidential memorandum of the Chief Administrative Officer be received; and THAT the confidential recommendations of General Committee on May 19, 2015, in respect of personal matters about an identifiable individual, including a Town or Local Board employee (Staff Performance) be referred to the Closed Session meeting of May 26, 2015. CARRIED 3. PR15-013 – Facility Sponsorship Program – Pfaff Motors Inc. Moved by Councillor Pirri Seconded by Councillor Kim THAT Report No. PR15-013 be received for information. CARRIED 5. Finance Advisory Committee Meeting Minutes of April 28, 2015 Motion to refer Moved by Councillor Thompson Seconded by Councillor Kim Council Meeting Minutes Tuesday, May 26, 2015 Page 13 of 22 THAT Item 5, Finance Advisory Committee Meeting Minutes of April 28, 2015, be referred to the General Committee meeting of June 2, 2015. CARRIED 6. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Highlights – April 24, 2015 – Meeting of the Board On a motion of Councillor Abel seconded by Councillor Kim, Council consented to consider Item 6 following the discussion of Item 1(3). Moved by Councillor Gaertner Seconded by Councillor Kim THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights – April 24, 2015 – Meeting of the Board be received for information. CARRIED 7. CFS15-018 – 2015 Final Operating Budget Approval On a motion of Councillor Pirri seconded by Councillor Kim, Council consented to consider Item 7 following the discussion of Item 2. Moved by Councillor Thompson Seconded by Councillor Kim THAT Report No. CFS15-018 be received; and THAT the 2015 Operating Budget summarized in Attachment #2 which reflects all revisions recommended for approval by the Budget Committee, resulting in a total tax levy of $36,996,300 and a total expenditure plan of $56,020,700, generating a 3.91% Town of Aurora share tax increase, which results in an estimated 2.69% residential tax bill increase when combined with the regional and education shares of the tax bill, be approved; and THAT the Town’s full-time staff complement be increased by four (4) (two of which have already been preapproved by Council for hiring) and reduced by one (1) to 211 (excluding Library Board and Central York Fire Services staff) as presented in Attachment #6 and funded in the 2015 Operating Budget; and THAT a general wage increase of 2.0% effective April 1, 2015, be applied to the Salary Schedule for Full-time Permanent Non-Bargaining Unit Positions, and to the Rate Schedule for Other-Than-Continuous-Full-time Non-Bargaining Unit Positions, both being Attachments to Policy #7; and Council Meeting Minutes Tuesday, May 26, 2015 Page 14 of 22 THAT By-law Number 5729-15 be adopted to set 2015 tax rates and payment dates. On a recorded vote the motion CARRIED YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Abel, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe VOTING NAYS: Councillor Gaertner 8. PL15-047 – Town Regulation of Canada Post Community Mailbox Installations on Municipal Roadways On a motion of Councillor Abel seconded by Councillor Mrakas, Council consented to consider Item 8 following the discussion of Item 6. Moved by Councillor Mrakas Seconded by Councillor Humfryes THAT Report No. PL15-047 be received for information. CARRIED 9. Memorandum from Director of Planning & Development Services Re: Additional Information, May 19, 2015, General Committee Agenda Item 6, Report No. PL15-043 – Oak Ridges Moraine Conservation Plan Review (2015) Moved by Councillor Gaertner Seconded by Councillor Humfryes THAT the memorandum regarding Additional Information, May 19, 2015, General Committee Agenda Item 6, Report No. PL15-043 – Oak Ridges Moraine Conservation Plan Review (2015) be received for information. CARRIED 10. Memorandum from Director of Infrastructure & Environmental Services Re: Parking Restrictions and Intersection Stop Sign Regulations in Brookvalley Development On a motion of Councillor Kim seconded by Councillor Pirri, Council consented to consider Item 10 following the discussion of Item 3. Council Meeting Minutes Tuesday, May 26, 2015 Page 15 of 22 Moved by Councillor Kim Seconded by Councillor Pirri THAT the memorandum regarding Parking Restrictions and Intersection Stop Sign Regulations in Brookvalley Development be received; and THAT Council enact By-law Number 5730-15, “BEING A BY-LAW to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, with respect to No Parking on Carisbrooke Circle and Longthorpe Court in the Town of Aurora”; and THAT Council enact By-law Number 5731-15, “BEING A BY-LAW to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, to designate and erect stop signs at various intersections in the Town of Aurora.” CARRIED 10. NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Abel Re: Highland Gate Neighbourhood The Notice of Motion was withdrawn. (ii) Motions for Which Notice Has Been Given (a) Councillor Abel Re: Highland Gate Neighbourhood The Motion was withdrawn. (b) Councillor Gaertner Re: Aurora Family Leisure Complex (AFLC) – Rear Door Access On a motion of Councillor Gaertner seconded by Councillor Mrakas, Council consented to consider Motion (b) following the discussion of Item 1(6). Moved by Councillor Gaertner Seconded by Councillor Humfryes WHEREAS an increasing number of Aurora residents are utilizing the Aurora Family Leisure Complex pool and fitness areas for therapeutic and rehabilitation activities; and Council Meeting Minutes Tuesday, May 26, 2015 Page 16 of 22 WHEREAS the Town of Aurora offers eleven Aqua Fitness classes in the AFLC pool each week, including two classes that are specifically designed to help those suffering with arthritis, many of which are utilized by “older adults”, and two classes that are offered specifically to those persons over 55 years of age; and WHEREAS many of these members are not disabled, just getting older, and do not display a disability parking permit in their vehicle; and WHEREAS the rear entrance of the Complex has offered easier access for those residents with mobility issues for nearly 30 years, but no longer does so; and WHEREAS the parking area at the rear of the Complex is now unusable due to the long walk back to the front entrance; and WHEREAS much of the parking lot at the Complex has a substantial grade encumbering those with mobility issues; and WHEREAS the rear and side parking lot provides the only flat, even area to walk to the Complex; and WHEREAS ensuring that this facility is as accessible as possible, not just to meet legal compliance, but to demonstrate the Town of Aurora's philosophy and spirit of accessibility and inclusivity to enhance the quality of life for all Aurora residents; and WHEREAS resuming access to the Aurora Family Leisure Complex via the rear door entrance would be in keeping with this spirit; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to study the options and costs for users to access the rear door to enter the AFLC and bring this information back to Council as expediently as possible. CARRIED (c) Councillor Gaertner Re: Draft Tree Protection By-law On a Motion of Councillor Pirri seconded by Councillor Humfryes, Council consented to consider Motion (c) prior to consideration of Item 9 “Consideration of Items Requiring Separate Discussion.” Council Meeting Minutes Tuesday, May 26, 2015 Page 17 of 22 Moved by Councillor Thompson Seconded by Councillor Humfryes WHEREAS on January 25, 2011, Council of the Town of Aurora directed the formation of a Town staff, multi-department, Tree Protection By-law Committee, to review the Town's current Tree By-law; and WHEREAS the purpose of the committee was to review the existing Tree By-law and suggest changes and revisions for Council's consideration; and WHEREAS the process to develop the Draft Tree Protection By-law was to include consultation with the public and all stakeholders; and WHEREAS public and stakeholder consultation was accomplished through comprehensive staff discussions with stakeholders, an online survey, and a Public Planning meeting held on April 25, 2012; and WHEREAS staff Report No. PR12-016 was presented at the Public Planning meeting; and WHEREAS staff Report No. PR12-016 spoke to the advantage of the Draft Tree Protection By-law to enable residents to receive better service in the processing of permits, and better enforcement and tree protection for the municipality; and WHEREAS the public and stakeholder consultation process allowed for input and advice on the actual By-Law changes; and WHEREAS the Public Planning meeting was well-attended and included representation from all stakeholders; and WHEREAS the Council direction from the meeting was that the recommendations from staff Report No. PR12-016 be received, and that comments presented at the Public Planning meeting be addressed in a comprehensive report outlining recommendations and options at a future General Committee meeting, and that all parties expressing interest at the Public Planning meeting and stakeholders be advised of the General Committee meeting date; and WHEREAS that meeting was held on October 8, 2013, and Council directed staff to make further revisions and bring the Draft Tree Protection By-law back to Council for comments prior to releasing it again to the public for their input; and WHEREAS the Draft Tree Protection By-Law was discussed by Council again on January 14, 2014, and January 21, 2014; and Council Meeting Minutes Tuesday, May 26, 2015 Page 18 of 22 WHEREAS Council referred the Draft Tree Protection By-law report back to staff without clarifying any next steps in the process; and WHEREAS the Town's February 2015 Pending List makes notes that the matter is "Complete" along with the notation that Town staff reviewed the revised Tree Protection By-law in accordance with the Council direction of January 21, 2014, and determined that the current Tree By-law is satisfactory, and staff will continue to monitor the operation and enforcement of the current Tree By-law and may bring it forward for review to Council should the need arise; and WHEREAS this public process started in 2011 and no Council decision has been made to date on the Draft Tree Protection By-law; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff place the matter of the Draft Tree Protection By-law on a future General Committee agenda for discussion and direction, with a copy of all previous staff reports dealing with this matter as well as a copy of the Town’s current Tree By-law and Tree Destruction Permit; and BE IT FURTHER RESOLVED THAT staff be directed to prepare and bring a comprehensive report to General Committee prior to the end of September 2015 containing a written summary of the review process and all written or verbal input received from the general public at the Public Planning meeting and other Council meetings outlined in this motion; and BE IT FURTHER RESOLVED THAT that staff be directed to provide Council with options for meeting dates for Council to invite the public to comment and offer input on the Draft Tree Protection By-law. On a recorded vote the motion CARRIED YEAS: 9 NAYS: 0 VOTING YEAS: Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe VOTING NAYS: None (d) Councillor Mrakas Re: Community Recognition Review Ad Hoc Committee Motion to defer Moved by Councillor Mrakas Seconded by Councillor Thompson THAT Motion (d), Community Recognition Review Ad Hoc Committee, be deferred to the Council meeting of June 9, 2015. CARRIED Council Meeting Minutes Tuesday, May 26, 2015 Page 19 of 22 (e) Councillor Abel Re: Library Square Ad Hoc Committee Motion to defer Moved by Councillor Mrakas Seconded by Councillor Thompson THAT Motion (e), Library Square Ad Hoc Committee, be deferred to the Council meeting of June 9, 2015. CARRIED (f) Councillor Humfryes Re: Pedestrian and Vehicle Traffic Concerns – Earl Stewart Drive, Pederson Drive, St. John’s Sideroad East, and Bayview Avenue Motion to defer Moved by Councillor Mrakas Seconded by Councillor Thompson THAT Motion (f), Pedestrian and Vehicle Traffic Concerns – Earl Stewart Drive, Pederson Drive, St. John’s Sideroad East, and Bayview Avenue, be deferred to the Council meeting of June 9, 2015. CARRIED 11. REGIONAL REPORT York Regional Council Highlights – May 21, 2015 Moved by Councillor Thom Seconded by Councillor Humfryes THAT the Regional Report of May 21, 2015, be received for information. CARRIED 12. NEW BUSINESS/GENERAL INFORMATION Councillor Mrakas inquired about the provisions of the Property Standards By-law as they may relate to the former Howard Johnson hotel property and its maintenance. Staff agreed to take this inquiry under advisement. Council Meeting Minutes Tuesday, May 26, 2015 Page 20 of 22 13. READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Mrakas THAT the following by-laws be given first, second, and third readings and enacted: 5689-15 BEING A BY-LAW to amend By-law Number 5553-13, as amended, to establish various Reserve Funds for the Town of Aurora. 5710-15 BEING A BY-LAW to define the public notice policies and procedures for The Corporation of the Town of Aurora. 5729-15 BEING A BY-LAW to set and levy the rates of taxation for the taxation year 2015. 5730-15 BEING A BY-LAW to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, with respect to No Parking on Carisbrooke Circle and Longthorpe Court in the Town of Aurora. 5731-15 BEING A BY-LAW to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, to designate and erect stop signs at various intersections in the Town of Aurora. 5732-15 BEING A BY-LAW to amend Zoning By-law Number 2213-78, as amended (Medical Marihuana Production Use). CARRIED On a motion of Councillor Mrakas seconded by Councillor Thompson, Council consented to consider By-law Number 5733-15 following the discussion of Item 8. Moved by Councillor Mrakas Seconded by Councillor Thompson THAT the following by-law be given first, second, and third readings and enacted: 5733-15 BEING A BY-LAW to regulate the manner in which persons may enter onto boulevards, rights-of-way, and highways within the Town of Aurora for the purpose of constructing access driveways, service connections, mail receptacles, or other works and equipment. On a recorded vote the motion CARRIED YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Thom, and Thompson VOTING NAYS: Councillor Pirri and Mayor Dawe Council Meeting Minutes Tuesday, May 26, 2015 Page 21 of 22 Moved by Councillor Thom Seconded by Councillor Pirri THAT the following confirming by-law be given first, second, and third readings and enacted: 5728-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on May 26, 2015. CARRIED 14. CLOSED SESSION Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Council resolve into Closed Session to consider: 1. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Memorandum from Chief Administrative Officer; Re: Potential Land Acquisitions in the Promenade Area 2. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Staff Performance (Added Item) 3. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001) (Added Item) CARRIED Moved by Councillor Thom Seconded by Councillor Kim THAT the Council meeting be reconvened into open session to rise and report from Closed Session. CARRIED Moved by Councillor Thom Seconded by Councillor Kim THAT the following confidential recommendations of the Council Closed Session meeting of May 26, 2015, be adopted: 1. A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c) of the Municipal Act, 2001); Memorandum from Chief Administrative Officer; Re: Potential Land Acquisitions in the Promenade Area Council Meeting Minutes Tuesday, May 26, 2015 Page 22 of 22 THAT the confidential recommendations in respect to a proposed or pending acquisition or disposition of land by the Town or Local Board Re: Potential Land Acquisitions in the Promenade Area, be approved and staff be authorized to proceed as directed by Council on May 26, 2015. 2. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001); Re: Staff Performance (Added Item) THAT the confidential recommendations in respect to personal matters about an identifiable individual, including a Town or Local Board employee Re: Staff Performance, be approved and staff be authorized to proceed as directed by Council on May 26, 2015. 3. Personal matters about an identifiable individual, including a Town or Local Board employee (section 239(2)(b) of the Municipal Act, 2001) (Added Item) THAT the confidential recommendations in respect to personal matters about an identifiable individual, including a Town or Local Board employee; Re: Confidential information from the Chief Administrative Officer, be received. CARRIED 15. ADJOURNMENT Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the meeting be adjourned at 11:33 p.m. CARRIED GEOFFREY DAWE, MAYOR STEPHEN M. A. HUYCKE, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF MAY 26, 2015 RECEIVED FINAL APPROVAL BY COUNCIL ON JUNE 9, 2015.