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MINUTES - Council - 20160913 Town of Aurora Council Meeting Minutes Council Chambers Aurora Town Hall Tuesday, September 13, 2016 Attendance Council Members Deputy Mayor Abel in the Chair; Councillors Gaertner, Humfryes, Kim, Mrakas, Thom, and Thompson Members Absent Councillor Pirri and Mayor Dawe Other Attendees Doug Nadorozny, Chief Administrative Officer, Techa van Leeuwen, Director of Corporate Services, Ilmar Simanovskis, Director of Infrastructure and Environmental Services, Dan Elliott, Director of Financial Services, Al Downey, Director of Parks, Recreation and Cultural Services, Marco Ramunno, Director of Planning and Building Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Lisa Lyons, Town Clerk, and Linda Bottos, Council/Committee Secretary The Chair called the meeting to order at 7:24 p.m. following Open Forum. 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 Council Meeting Minutes Tuesday, September 13, 2016 Page 2 of 19 Moved by Councillor Gaertner Seconded by Councillor Thompson That the agenda as circulated by Legislative Services be approved. Carried 3. Adoption of the Minutes Council Meeting Minutes of August 9, 2016 Special Council Meeting Minutes of August 30, 2016 Special Council Meeting Minutes of September 7, 2016 Council Closed Session Meeting Minutes of July 12, 2016 Council Closed Session Meeting Minutes of August 9, 2016 General Committee Closed Session Meeting Minutes of September 6, 2016 Special Council Closed Session Meeting Minutes of September 7, 2016 Moved by Councillor Thompson Seconded by Councillor Thom That the minutes of the Council meeting of August 9, 2016, the Special Council meetings of August 30 and September 7, 2016, the Council Closed Session meetings of July 12 and August 9, 2016, the General Committee Closed Session meeting of September 6, 2016, and the Special Council Closed Session meeting of September 7, 2016, be adopted as printed and circulat ed. Carried 4. Presentations (a) Karie Papillon, Diana Dawson-Young, and Ted Simpson, representing Town of Aurora Seniors Centre and Club Aurora Re: Active Aging Week and Seniors Information Fair Ms. Papillon, Ms Dawson-Young, and Mr. Simpson presented background and details regarding Active Aging Week, which will be celebrated from September 25 to October 1, 2016, and will include a Seniors Information & Active Living Fair on Thursday, September 29, 2016, from 10 a.m. to 2 p.m. at the Aurora Family Leisure Complex. Council Meeting Minutes Tuesday, September 13, 2016 Page 3 of 19 Moved by Councillor Kim Seconded by Councillor Thom That the comments of the presentation be received for information. Carried (b) Greg Smith, representing Aurora Winter Blues Festival and Community Partners Re: Tragically Hip Public Screening – A National Celebration Mr. Smith presented an overview of the Tragically Hip public screening event held in Town Park on August 20, 2016, and presented a cheque in the amount of $1,700, representing funds which were collected at the event for the Gor d Downie Fund for Brain Cancer Research at the Sunnybrook Health Sciences Centre. He also acknowledged and expressed appreciation to the organizers and volunteers of the event. Moved by Councillor Thom Seconded by Councillor Thompson That the comments of the presentation be received for information. Carried 5. Public Service Announcements Councillor Thom noted that the Aurora Tigers Jr. A hockey team held their home opener game on Sunday, September 11, 2016, where they also honored the anniversary of the 9/11 tragedy in New York City. He further noted that the next home game will be held on Thursday, September 15, 2016, versus Newmarket. Councillor Kim expressed appreciation to the staff and volunteers who organized and participated in Aurora’s Multicultural Festival, which was held on Saturday, September 10, 2016. Councillor Humfryes extended a reminder regarding the Aurora Farmers’ Market & Artisan Fair held each Saturday from 8 a.m. to 1 p.m. She noted that September Council Meeting Minutes Tuesday, September 13, 2016 Page 4 of 19 17, 2016, will be a special day featuring “Apples ‘n Honey Fest” and will include games, prizes, and music. Councillor Humfryes expressed appreciation to everyone involved with Aurora’s Multicultural Festival. Councillor Thompson extended a reminder and invited the public to provide feedback through online surveys available on the Town’s website regarding the Cultural Precinct and the 2017 Citizen Budget. Councillor Gaertner extended congratulations to everyone on the success of Aurora’s Multicultural Festival. She also extended appreciation to everyone who participated in the recent, successful Doors Open Aurora. Councillor Mrakas commended Town staff for their efforts in developing Aurora’s Multicultural Festival. Councillor Mrakas extended a reminder about the Magna Hoedown being held on September 16-17, 2016, and expressed appreciation for the many volunteers working for the community. Councillor Gaertner inquired about whether residents’ concerns regarding the proposed left-turn restriction at Yonge and Wellington Streets would be addressed. The Chair noted that feedback from the recent open house would be conveyed to Council and the matter is being addressed at the Regional level. Councillor Abel announced that, starting during the week of September 12, 2016, Metrolinx will begin construction on two pedestrian tunnels at the Aurora GO station, which will limit parking at the station. He noted that this is the first phase of the infrastructure needed for future two-way, all-day service along the Barrie Corridor and more information is available at gotransit.com. Councillor Abel encouraged everyone to join LEAF (Local Enhancement & Appreciation of Forests), the Town of Aurora, and York Region for National Forest Week and help plant 300 new trees and shrubs in Machell Park on Saturday, September 24, 2016, from 10 a.m. to 12 p.m. Council Meeting Minutes Tuesday, September 13, 2016 Page 5 of 19 Councillor Abel announced that Activate Aurora is set to launch a major campaign to transform Aurora into Canada’s Most Active Community on Sunday, September 18, 2016, from 1 p.m. to 2 p.m. at the Aurora Family Leisure Complex. Councillor Abel advised that teens, 12 to 17 years of age, are invited to participate in Project Gnosis: IT Academy on Friday, September 16, 2016, at 7 p.m. in The Loft at the Aurora Family Leisure Complex. Councillor Abel extended a reminder that the Seniors’ Information & Active Living Fair will be held on Thursday, September 29, 2016, from 10 a.m. to 2 p.m. at the Aurora Family Leisure Complex. Councillor Abel referred to the Magna Hoedown being held on September 16 -17, 2016, and noted that the talent contest, Hoedown Showdown, will be held on Friday, September 16. He recognized that Magna will continue, for the second year, to host students at a Hoedown luncheon on Friday from 11:30 a.m. to 2 p.m. prior to the event. Councillor Abel advised that Magna has raised approximately $9 million for charitable organizations throughout surrounding municipalities , and he expressed appreciation for Magna and the many volunteers. Councillor Abel announced that the Terry Fox Run will be held on Sunday, September 18, 2016, with registration starting at 9 a.m. at the Aurora Seniors’ Centre, and he noted that the route will run through the Aurora Community Arboretum. 6. Determination of Items Requiring Separate Discussion Items 1 (sub-items 3, 4, 7, and 9) and 2 were identified as items for discussion, which were considered in the following order: 1(4), 1(7), 1(3), 1(9), and 2. 7. Adoption of Items Not Requiring Separate Discussion Items 1 (with the exception of sub-items 3, 4, 7, and 9), 3, and 4 were identified as items not requiring separate discussion. Moved by Councillor Gaertner Seconded by Councillor Thom Council Meeting Minutes Tuesday, September 13, 2016 Page 6 of 19 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 September 6, 2016 That the General Committee meeting report of September 6, 2016, be received and the following recommendations carried by the Committee be approved: (1) IES16-067 – Capital Budget Approval for Replacement of Parks Wood Chipper No. 300 1. That Report No. IES16-067 be received; and 2. That Capital Project No. 34229, Equipment No. 300, be approved for $60,000 for the 2016 Capital Program; and 3. That funding in the amount of $60,000 be provided from the Fleet Repair and Replacement reserve. (2) IES16-068 – Purchase Order Increase for Water Meters 1. That Report No. IES16-068 be received; and 2. That Purchase Order No. 396 for the supply of water meters be increased by $200,000 to an upset limit of $620,000, to be funded from the sale of water meters; and 3. That the Director of Infrastructure and Environmental Services be authorized to increase Purchase Order No. 396 for the supply of water meters to an upset limit of $500,000 annually for the remaining three (3) one-year terms being the years 2017, 2018, and 2019. (5) PBS16-063 – Application for Exemption from Part Lot Control Opus Homes (Aurora Trails) Inc., Lots 75, 76, 77, 78, and 79, and Blocks 216, 227, 228 and 229 being 65R- 36483 and 65R-36482, File Number: PLC-2016-08 Council Meeting Minutes Tuesday, September 13, 2016 Page 7 of 19 1. That Report No. PBS16-063 be received; and 2. That the Application for Exemption from Part Lot Control submitted by Opus Homes (Aurora Trails) Inc. to divide Lots 75, 76, 77, 78, 79 and Blocks 216, 227, 228 and 229 on Plan 65M-4462 into 14 separate lots for semi-detached units and 17 separate lots for townhouse units be approved; and 3. That the implementing Part Lot Control Exemption By-law be presented at a future Council meeting. (6) PBS16-064 – Application for Temporary Use Zoning By-law Amendment 455 Magna Drive Inc., 455 Magna Drive, Related File Number: SP(EX)-2016-06, File Number: ZBA-2016-04 1. That Report No. PBS16-064 be received; and 2. That Application for a Temporary Use Amendment, Zoning By-law File No. ZBA-2016-04 (455 Magna Drive Inc.), to allow a proposed butcher shop for a temporary period of three (3) years on the subject lands be approved; and 3. That the implementing Temporary Use Zoning By-law Amendment be presented at a future Council Meeting. (8) PBS16-068 – Application for Exemption from Part Lot Control TACC Developments (Aurora) Inc., Lots 50, 64, 65, 67 to 69, 90 and 91 being 65R-36304 and 65R-36407, File Number: PLC-2016-06 1. That Report No. PBS16-068 be received; and 2. That the Application for Exemption from Part Lot Control submitted by TACC Developments (Aurora) Inc. to divide Lots 50, 64, 65, 67, 68, 69, 90 and 91 on Plan 65M-4462 into 16 separate lots for semi- detached units be approved; and Council Meeting Minutes Tuesday, September 13, 2016 Page 8 of 19 3. That the implementing Part Lot Control Exemption By-law be presented at a future Council meeting. General Committee New Business Motion No. 1 1. That staff be directed to review the Ice Allocation Policy and report back to Council. General Committee New Business Motion No. 2 1. That staff be directed to investigate the possibility of reduced ice costs for the Aurora Tigers Jr. A Hockey Club and report back to Council. 3. Special General Committee Meeting Report of August 9, 2016 1. That the Special General Committee meeting report of August 9, 2016, be received for information. 4. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights – July 22, 2016 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights – July 22, 2016 be received for information. Carried 8. Delegations None 9. Consideration of Items Requiring Separate Discussion 1. General Committee Meeting Report of September 6, 2016 (3) IES16-069 – Award of Tender IES 2016-82 for the Speed Cushion Installation Pilot Project Council Meeting Minutes Tuesday, September 13, 2016 Page 9 of 19 Main motion Moved by Councillor Mrakas Seconded by Councillor Kim 1. That Report No. IES16-069 be received; and 2. That Tender IES 2016-82, Capital Project No. 31154 for the Speed Cushion Installation Pilot Project be cancelled; and 3. That Capital Project No. 31154 be reissued in early 2017 to take advantage of higher competition and potentially lower costing. Amendment No. 1 Moved by Councillor Mrakas Seconded by Councillor Humfryes That the main motion be amended by adding the following clause: That staff be directed to investigate the cost for partial implementation of the Speed Cushion Installation Pilot Project on Kennedy Street West only and report back to the General Committee meeting of September 20, 2016. Carried Amendment No. 2 Moved by Councillor Mrakas Seconded by Councillor Kim That the main motion be amended by deleting the second clause. Carried Motion to defer Moved by Councillor Thompson Seconded by Councillor Gaertner That Item 1(3), Report No. IES16-069 – Award of Tender IES 2016-82 for the Speed Cushion Installation Pilot Project, be deferred to the General Committee meeting of September 20, 2016. Carried Council Meeting Minutes Tuesday, September 13, 2016 Page 10 of 19 On a motion by Councillor Thompson seconded by Councillor Mrakas, Council consented to consider Item 1(4) and Item 1(7) prior to consideration of Item 1(3). 1. General Committee Meeting Report of September 6, 2016 (4) PRCS16-032 – Lease of Town-owned Lands and Construction of a Parking Lot to Facilitate Improved Access to Hillary House Moved by Councillor Gaertner Seconded by Councillor Thom 1. That Report No. PRCS16-032 be received; and 2. That, subject to the Aurora Historical Society Trillium Grant being approved, Council agrees in principle to enter into a lease agreement between the Town of Aurora and the Aurora Historical Society for the purposes of constructing and operating a new access and parking lot on Town-owned lands, including any and all documents and ancillary agreements required to give effect to same; and 3. That the request for project funding assistance from the Aurora Historical Society to assist in the construction of the parking lot be referred to the 2017 Capital Budget for Council’s consideration. Carried 1. General Committee Meeting Report of September 6, 2016 (7) PBS16-066 – Application for Site Plan Approval, FGKW Retirement Living Inc., 145 Murray Drive, Part of Lot 77, Concession 1, WYS, File Number: SP-2016-04 Moved by Councillor Mrakas Seconded by Councillor Thompson 1. That Item 1(7), Report No. PBS16-066 – Application for Site Plan Approval, FGKW Retirement Living Inc., 145 Murray Drive, Part of Lot 77, Concession 1, WYS, File Number: SP-2016-04, be referred to the Committee of Adjustment. Carried Council Meeting Minutes Tuesday, September 13, 2016 Page 11 of 19 1. General Committee Meeting Report of September 6, 2016 (9) CS16-020 – Ontario Municipal Board (OMB) Reform Update Main motion Moved by Councillor Mrakas Seconded by Councillor Kim 1. That Report No. CS16-020, and the attached Municipal Summit OMB Reform: Process & Powers Recommendations, be received for information. Amendment Moved by Councillor Mrakas Seconded by Councillor Thompson That the main motion be amended by adding the following clauses: 2. That Council endorse the recommendation contained in Attachment 1 to Report No. CS16-020, being: a) That the jurisdiction of the Ontario Municipal Board (OMB) be limited to questions of law or process and, specifically, when considering appeals, that the OMB be required to uphold any planning decision(s) of municipal councils unless said decision(s) is contrary to the processes and rules set out in legislation; and 3. That a copy of the recommendation be sent to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Bill Mauro, Minister of Municipal Affairs, Mr. Patrick Brown, Leader of the Progressive Conservative Party, Ms. Andrea Horwath, Leader of the New Democratic Party, and all Members of Provincial Parliament in the Province of Ontario; and 4. That a copy of the recommendation be sent to the Association of Municipalities of Ontario (AMO), all Ontario municipalities, and the York Regional Chair for their consideration. Carried Council Meeting Minutes Tuesday, September 13, 2016 Page 12 of 19 Main motion as amended Moved by Councillor Mrakas Seconded by Councillor Kim 1. That Report No. CS16-020, and the attached Municipal Summit OMB Reform: Process & Powers Recommendations, be received; and 2. That Council endorse the recommendation contained in Attachment 1 to Report No. CS16-020, being: a) That the jurisdiction of the Ontario Municipal Board (OMB) be limited to questions of law or process and, specifically, when considering appeals, that the OMB be required to uphold any planning decision(s) of municipal councils unless said decision(s) is contrary to the processes and rules set out in legislation; and 3. That a copy of the recommendation be sent to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Bill Mauro, Minister of Municipal Affairs, Mr. Patrick Brown, Leader of the Progressive Conservative Party, Ms. Andrea Horwath, Leader of the New Democratic Party, and all Members of Provincial Parliament in the Province of Ontario; and 4. That a copy of the recommendation be sent to the Association of Municipalities of Ontario (AMO), all Ontario municipalities, and the York Regional Chair for consideration. Carried as amended 2. Public Report of the General Committee Closed Session Meeting of September 6, 2016 Moved by Councillor Kim Seconded by Councillor Thompson 1. That the Public Report of the General Committee Closed Session meeting of September 6, 2016, be received; and Council Meeting Minutes Tuesday, September 13, 2016 Page 13 of 19 2. That the appointments of Ian Bryan to the Canada 150 Ad Hoc Committee, Jennifer Sault to the Environmental Advisory Committee, and Neil Asselin to the Heritage Advisory Committee, as recommended in General Committee Closed Session on September 6, 2016, be approved. Carried 10. Notices of Motion/Motions for Which Notice Has Been Given (i) Notices of Motion None (ii) Motions for Which Notice Has Been Given (a) Councillor Humfryes Re: Ontario Autism Program Changes Moved by Councillor Humfryes Seconded by Councillor Gaertner Whereas Autism Spectrum Disorder is now recognized as the most common neurological disorder affecting 1 in every 94 children, as well as their friends, family and community; and Whereas Applied Behaviour Analysis (ABA) is the scientific process based on objective evaluation and empirically based interventions used to achieve meaningful, generalizable and enduring behavioural change, and Intensive Behavioural Intervention (IBI) is an application of the principles of ABA in an intensive setting used to affect beha viour change and improvement; and Whereas the current waiting list of children for IBI is over 2,000 and more than 13,000 children await ABA; and Whereas the Province of Ontario has announced it intends to discontinue IBI services to children over the age of four and provide a one-time payment to assist with services, thereby abandoning thousands who have been wait-listed for years; and Council Meeting Minutes Tuesday, September 13, 2016 Page 14 of 19 Whereas there are two service models for affected children to be treated, the Direct Service Offering (DSO) where children receive services directly from trained staff at Ontario's nine regional service providers, and the Direct Funding Offering (DFO) where parents receive funding directly in order to purchase services; and Whereas the DFO model to provide services is used in Alberta, British Columbia and imminently Saskatchewan. Such a model is clinically rigorous and has been identified by the Auditor General of Ontario as being less expensive than Ontario's DSO model; Now Therefore Be It Hereby Resolved That a letter be sent to the Honourable Michael Coteau, Minister of Children and Youth Services; Alexander Bezzina, Deputy Minister of Children and Youth Services; the Honourable Eric Hoskins, Minister of Health and Long-Term Care; and the Honourable Kathleen Wynne, Premier of Ontario, requesting the Province to: 1. Amend its policy to one that will allow all children on the current waiting list to receive the IBI services promised them; and 2. Remove the age limit for IBI therapy and replace it with a program that provides ongoing IBI services based on need and individual development, not age; and 3. Ensure oversight by professionals and parents based on 'development progress' criteria and milestones; and 4. Adopt a DFO model in lieu of the current DSO model; and Be It Further Resolved That a copy of this resolution be forwarded to the Honourable Chris Ballard, MPP for Newmarket-Aurora and all York Region Municipalities. Moved by Councillor Humfryes Seconded by Councillor Kim Council Meeting Minutes Tuesday, September 13, 2016 Page 15 of 19 That Motion for Which Notice Has Been Given (a), Re: Ontario Autism Program Changes, be withdrawn. Carried Motion Withdrawn (b) Councillor Thompson Re: Governance Review Advisory Committee Moved by Councillor Thompson Seconded by Councillor Mrakas Whereas the past practice has been for Aurora to appoint a Council Compensation Review Committee to make recommendations for the compensation of the next Council; and Whereas the Province of Ontario recently passed Bill 181, Municipal Elections Modernization Act, which amended the Municipal Elections Act and which gave municipalities the authority to pass a by-law to use ranked ballot voting, beginning in the 2018 municipal elections; and Whereas York Regional Council has initiated a review of its Regional Governance and will consider a number of issues including: Council Composition and Direct vs Double Direct Election of Members, either of which may potentially impact the Town of Aurora Council Structure; and Whereas York Regional Council has set a targeted completion date for their Regional Governance review of no later than December 15, 2016; and Whereas Council may, as a result of Regional or other Electoral changes, wish to reconsider the decisions made regarding the questions that were placed on the ballot of the 2014 Municipal Elections; and Whereas any substantive changes to the Governance structure of Aurora Town Council would need to be passed by a by-law on or before December 31, 2017; Council Meeting Minutes Tuesday, September 13, 2016 Page 16 of 19 Now Therefore Be It Hereby Resolved That a Governance Review Advisory Committee be established to advise on, but not limited to, the following: 1. Council Compensation 2. Ranked Ballots 3. Aurora Town Council Composition, Structure and/or Governance; and Be It Further Resolved That staff be directed to develop Terms of Reference for the Governance Review Advisory Committee, including proposed qualifications for Committee Members with a preference given to former members of Council, and an intended target of January 2017 for the commencement of the Committee. Carried On a motion by Councillor Mrakas seconded by Councillor Gaertner, Council consented to consider Motion (c) prior to consideration of Motion (a). (c) Councillor Kim Re: Proposed Amendment to Sign By-law re Official Languages Moved by Councillor Kim Seconded by Councillor Humfryes Whereas Canada’s two official languages are English and French; and Whereas the Official Languages Act which came into force on September 11, 1972, gives English and French equal status in the government of Canada, thereby making them official languages, having preferred status in law over all other languages and is the keystone of Canada’s official bilingualism; and Whereas incorporating text on a sign that incorporates neither English nor French may be seen as being exclusionary and not in the good theme of inclusiveness and community which is the foundation of the Town of Aurora; Council Meeting Minutes Tuesday, September 13, 2016 Page 17 of 19 Now Therefore Be It Hereby Resolved That staff report back by the end of the 2016 calendar year regarding a potential amendment to the Sign By- law to include a requirement that a sign contain at least 50% of its text in one of the two official languages. Carried 11. Regional Report None 12. New Business/General Information Councillor Mrakas inquired about the removal of the David W. Doan House and cleanup of the site, and staff provided a response. Councillor Mrakas inquired about the reporting status of the proposed left-turn restriction at Yonge and Wellington Streets, and staff provided a response. Councillor Mrakas inquired about the development process for Aurora’s Multicultural Festival, and staff provided a response. Councillor Gaertner inquired about advertising for Aurora’s Multicultural Festival, and staff provided a response. Councillor Thompson inquired about staff’s event follow-up process in reference to Aurora’s Multicultural Festival, and staff provided a response. Councillor Humfryes referred to resident concerns regarding the stop sign and safety issues on Kitimat Crescent, and staff indicated that the matter would be investigated. Councillor Thom provided clarification regarding the removal, replication, and request to salvage materials of the David W. Doan House. Councillor Kim inquired about an update on Mavrinac Park, and staff provided a response. Council Meeting Minutes Tuesday, September 13, 2016 Page 18 of 19 Councillor Kim inquired about an update regarding connections to the 2C lands, and staff provided a response. Councillor Humfryes inquired about the increase in property standards issues and whether a review of By-law resources would be considered. Staff advised that a strategy may be considered during the budget discussions. 13. Reading of By-laws Moved by Councillor Thompson Seconded by Councillor Mrakas That the following by-laws be given first, second, and third readings and enacted: 5893-16 Being a By-law to exempt Lots 50, 64, 65, 67, 68, 69, 90 and 91 on Plan 65M-4462 from Part-Lot Control (TACC Developments (Aurora) Inc.). 5893-16 Being a By-law to exempt Lots 75, 76, 77, 78, 79, 213, 214 and Blocks 216, 227, 228 and 229 on Plan 65M-4462 from Part-Lot Control (Opus Homes (Aurora Trails) Inc.). 5893-16 Being a By-law to amend Zoning By-law Number 2213-78, as amended (Leswell Investments Inc.). Carried Moved by Councillor Mrakas Seconded by Councillor Thompson That the following confirming by-law be given first, second, and third readings and enacted: 5898-16 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on September 13, 2016. Carried Council Meeting Minutes Tuesday, September 13, 2016 Page 19 of 19 14. Closed Session None 15. Adjournment That the meeting be adjourned at 9:01 p.m. Carried _________________________________ _________________________________ John Abel, Deputy Mayor Lisa Lyons, Town Clerk The minutes of the Council meeting of September 13, 2016, received final approval by Council on September 27, 2016.