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MINUTES - Council - 20181218 Town of Aurora Council Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, December 18, 2018 Attendance Council Members Mayor Mrakas in the Chair; Councillors Gaertner, Gallo, Gilliland, Humfryes (arrived at 8:19 p.m.), Kim, and Thompson Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Robin McDougall, Director of Community Services, Techa van Leeuwen, Director of Corporate Services, Jason Gaertner, Acting Director of Financial Services, Allan Downey, Director of Operational Services, Marco Ramunno, Director of Planning and Development Services, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Ishita Soneji, Council/Committee Coordinator The Chair called the meeting to order at 7:01 p.m. Mayor Mrakas relinquished the Chair to Deputy Mayor Kim at 8:42 p.m. during the consideration of Motion (a) Mayor Mrakas; Re: Provincial Bill 66, and resumed the Chair at 9:13 p.m. 1. Approval of the Agenda Moved by Councillor Gaertner Seconded by Councillor Thompson That the provisions of the Procedure By-law be waived to permit the addition of Motion (a) Mayor Mrakas, Re: Provincial Bill 66. On a two-thirds vote the motion Carried Council Meeting Minutes Tuesday, December 18, 2018 Page 2 of 16 Moved by Councillor Thompson Seconded by Councillor Gilliland That the agenda as circulated by Legislative Services, be approved with the following additions: • Delegation (b) Susan Walmer, Resident; Re: Proposed Provincial Bill 66 • Motion (a) Mayor Mrakas; Re: Provincial Bill 66 Carried as amended 2. 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. 3. Community Presentations None 4. Delegations (a) Larry Dekkema, representing York Region Christian Seniors Homes Inc. and Lisgar Construction Re: General Committee Item R2 – CS18-031 – Noise Exemption Request – 440 William Graham Drive Mr. Dekkema provided details on the construction work requiring the noise exemption, including the specific time required for the pouring and finishing of cast-in-place concrete slabs, and requested that the noise exemption be granted. It was mentioned that any other construction activities would be carried out as per the regulations in the Noise By-law. Moved by Councillor Kim Seconded by Councillor Gilliland That the comments of the delegation be received and referred to General Committee Item R2. Carried Council Meeting Minutes Tuesday, December 18, 2018 Page 3 of 16 (b) Susan Walmer, Resident Re: Proposed Provincial Bill 66 Ms. Walmer expressed concerns on various aspects of the proposed Provincial Bill 66, including critical impacts on environment and potential oversight of existing planning regulations with the introduction of open-for- business planning by-laws, and requested Members of Council to not support the proposed Bill 66, specifically Schedule 10 of the Bill. Moved by Councillor Gaertner Seconded by Councillor Gallo That the comments of the delegation be received for information. Carried 5. Consent Agenda Moved by Councillor Kim Seconded by Councillor Gilliland That the following Consent Agenda Items, C1 to C6 inclusive, be approved: C1. Council Meeting Minutes of November 27, 2018 1. That the Council Meeting minutes of November 27, 2018, be adopted as printed and circulated. C2. Inaugural Council Meeting Minutes of December 4, 2018 1. That the Inaugural Council Meeting minutes of December 4, 2018, be adopted as printed and circulated. C3. Council Closed Session Minutes of December 11, 2018 1. That the Council Closed Session minutes of December 11, 2018, be adopted as printed and circulated. C4. Council Closed Session Public Minutes of December 11, 2018 Council Meeting Minutes Tuesday, December 18, 2018 Page 4 of 16 1. That the Council Closed Session Public Meeting minutes of December 11, 2018, be adopted as printed and circulated. C5. CS18-029 – Appointment of Members to the Joint Council Committee 1. That Report No. CS18-029 be received; and 2. That Council appoint the following members to the Joint Council Committee: • Mayor Tom Mrakas • Councillor John Gallo • Councillor Rachel Gilliland C6. CS18-036 – Appointment to the Board of the Lake Simcoe Region Conservation Authority 1. That Report No. CS18-036 be received; and 2. That Councillor Wendy Gaertner be appointed to the Board of the Lake Simcoe Region Conservation Authority. Carried 6. Standing Committee Reports Moved by Councillor Thompson Seconded by Councillor Gilliland That the following Standing Committee Report, Item S1, be received and the recommendations carried by the Committees approved, with the exception of sub- items S1(R1), S1(R2), S1(R3), and S1(R8), which were discussed and voted on separately as recorded below: S1. General Committee Meeting Report of December 11, 2018 (C1) CS18-025 – Access Aurora, Customer Service Quarterly Report 1. That Report No. CS18-025 be received for information. Carried Council Meeting Minutes Tuesday, December 18, 2018 Page 5 of 16 (C2) PDS18-098 – Planning Application Status List 1. That Report No. PDS18-098 be received for information. Carried (C3) Memorandum from Mayor Mrakas Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of October 26, 2018 1. That memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of October 26, 2018 be received for information. Carried (R1) CS18-028 – Policy for Ad Hoc/Advisory Committees and Local Boards Main motion Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. CS18-028 be received; and 2. That Attachment 2, the policy for Ad Hoc/Advisory Committees and Local Boards be approved; and 3. That the following Advisory Committees be established: • Community Recognition Review Advisory Committee • Community Advisory Committee • Heritage Advisory Committee • Finance Advisory Committee (Council members only) • Governance Review Ad Hoc Committee; and 4. That staff be directed to advertise for members of the Committees listed above with the exception of the Finance Advisory Committee; and 5. That the attached Terms of Reference for each Committee be approved. Council Meeting Minutes Tuesday, December 18, 2018 Page 6 of 16 Amendment Moved by Councillor Thompson Seconded by Councillor Gaertner That the main motion be amended by adding the following clause: “That the membership of citizen members of the Community Advisory Committee be increased to up to nine members.” Carried Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. CS18-028 be received; and 2. That Attachment 2, the policy for Ad Hoc/Advisory Committees and Local Boards be approved; and 3. That the following Advisory Committees be established: • Community Recognition Review Advisory Committee • Community Advisory Committee • Heritage Advisory Committee • Finance Advisory Committee (Council members only) • Governance Review Ad Hoc Committee; and 4. That staff be directed to advertise for members of the Committees listed above with the exception of the Finance Advisory Committee; and 5. That the attached Terms of Reference for each Committee be approved; and 6. That the membership of citizen members of the Community Advisory Committee be increased to up to nine members. Carried Council Meeting Minutes Tuesday, December 18, 2018 Page 7 of 16 (R2) CS18-031 – Noise Exemption Request – 440 William Graham Drive Moved by Councillor Gallo Seconded by Councillor Thompson 1. That Report No. CS18-031 be received; and 2. That an exemption to the Town’s Noise By-law No. 4787-06.P to allow for the construction of cast-in-place concrete slabs at 440 William Graham Dr. be approved. Carried (R3) FS18-027 – 2019 Fees and Charges Update Moved by Councillor Gaertner Seconded by Councillor Gallo 1. That Report No. FS18-027 be received; and 2. That a by-law be enacted to set the 2019 Fees and Charges for applications, permits, use of Town property, the sale of documents and for the prescribed service charges for administrative matters as itemized on the attached schedules, be approved. Carried (R4) CAO18 -007 – Town of Aurora Website Upgrade 1. That Report No. CAO18-007 be received; and 2. That this report satisfy Council’s conditional budget approval for Capital Project No. 12037 – Town of Aurora Website in the amount of $70,000. Carried (R5) CS18-030 – Approval of 2019 Meeting Schedule 1. That Report No. CS18-030 be received; and 2. That the 2019 Meeting Schedule (Attachment No. 1) be approved; and Council Meeting Minutes Tuesday, December 18, 2018 Page 8 of 16 3. That the Town Clerk be authorized to make amendments to the Council and Committee Meeting Calendar as required Carried (R6) FS18-025 – 2018 Year End Surplus/Deficit Financial Control By-law 1. That That Report No. FS18-025 be received; and 2. That a by-law be enacted to authorize the Treasurer and the Chief Administrative Officer to make necessary year-end financial adjustments: (a) to allocate any 2018 Operating Fund surplus or deficit as set out in Report No. FS18-025; and (b) to allocate any 2018 surplus or alternatively fund any deficit in the Water, Wastewater, or Stormwater budgets to or from the appropriate related reserve accounts; and 3. That the Treasurer and Chief Administrative Officer report to Council after the year end surplus/deficit control adjustments and allocations have been completed. Carried (R7) FS18-026 – Annual Cancellation, Reduction or Refund of Property Taxes under Sections 357 and 358 of the Municipal Act 1. That Report No. FS18-026 be received; and 2. That a meeting be held in accordance with Sections 357 and 358 of the Municipal Act, 2001 as amended (the Act) in respect of the applications filed with the Treasurer by owners of property listed in this report at which applicants may make representation; and 3. That total property taxes in the amount of $18,544.07 and $30,118.58 be adjusted under Section 357 and 358 of the Act respectively set out in Attachments #1 and #2; and Council Meeting Minutes Tuesday, December 18, 2018 Page 9 of 16 4. That any associated interest charged applicable to these adjustments be cancelled in proportion to the total property taxes adjusted. Carried (R8) CMS18-027 – Sport Aurora Funding Agreement Extension Moved by Councillor Gilliland Seconded by Councillor Thompson 1. That Report No. CMS18-027 be received; and 2. That the Mayor and Town Clerk be authorized to extend Sport Aurora Agreement for three months, ending March 31, 2019 at an upset limit of $10,000 (Sport Aurora Funding and Sport Plan Implementation); and 3. That staff be directed to report on alternative delivery models for Sport initiatives. Defeated Moved by Councillor Gilliland Seconded by Councillor Kim 1. That Report No. CMS18-027 be received; and 2. The staff be directed not to extend the Sport Aurora Funding Agreement resulting in the agreement concluding as of December 31, 2018, and report on alternative delivery models for Sport initiatives. Carried 7. Consideration of Items Requiring Discussion (Regular Agenda) R1. FS18-028 – 2018 Interim Forecast Update – as at October 31, 2018 Moved by Councillor Humfryes Seconded by Councillor Gilliland 1. That Report No. FS18-028 be received for information. Carried Council Meeting Minutes Tuesday, December 18, 2018 Page 10 of 16 8. Motions (a) Mayor Mrakas Re: Provincial Bill 66 Main motion Moved by Mayor Mrakas Seconded by Councillor Humfryes Whereas the protection of the integrity of the Green Belt is a paramount concern for our residents; and Whereas the continued legislative protection of our water – groundwater, surface water and waterways – is vitally important for the current and future environmental health of our community; and Whereas significant concerns have been raised by residents, community leaders and environmental organizations such as the Canadian Environmental Law Association (CELA), that provisions within Bill 66 will weaken environmental protections as it “…will enable municipalities to pass “open-for- business” zoning by-laws that do not have to comply with…” important provincial environmental statutes; and Whereas an “Open for Business” By-law may be approved without public consultation; and Whereas provisions within Bill 66 may allow exemptions from municipal Official Plans; and Whereas the Town of Aurora’s Official Plan represents not only a significant investment of taxpayer resources but reflects our community’s collective vision for current and future planning; and Whereas our Official Plan clearly designates land that is environmentally protected; and Whereas our Official Plan also provides clearly designated land to meet future employment land needs; Council Meeting Minutes Tuesday, December 18, 2018 Page 11 of 16 1. Now Therefore Be It Hereby Resolved That Aurora Town Council opposes planned changes to the Planning Act in the proposed Bill 66 that may allow for an “open for business” planning by-law; and 2. Be It Further Resolved That the Government of Ontario be requested to reconsider the proposed changes to the Planning Act included in Bill 66 which speak to the creation of the open-for- business planning by-law; and 3. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, MPP Michael Parsa, MPP (Deputy Premier) Christine Elliott, and all MPPs in the Province of Ontario; and 4. 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. Amendment Moved by Councillor Gaertner Seconded by Councillor Humfryes That the main motion be amended by adding the following operative clause: “Be It Further Resolved That notwithstanding the future adoption of Bill 66, the Town of Aurora will not exercise the powers granted to it in Schedule 10 or any successor sections or schedules to pass open-for-business planning by-laws.” Carried Council consented to vote on operative clauses 1-4 separately from operative clause 5. Main motion as amended Moved by Mayor Mrakas Seconded by Councillor Humfryes 1. Now Therefore Be It Hereby Resolved That Aurora Town Council opposes planned changes to the Planning Act in the proposed Bill 66 that may allow for an “open for business” planning by-law; and Council Meeting Minutes Tuesday, December 18, 2018 Page 12 of 16 2. Be It Further Resolved That the Government of Ontario be requested to reconsider the proposed changes to the Planning Act included in Bill 66 which speak to the creation of the open-for- business planning by-law; and 3. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, MPP Michael Parsa, MPP (Deputy Premier) Christine Elliott, and all MPPs in the Province of Ontario; and 4. 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. Carried Main motion as amended Moved by Mayor Mrakas Seconded by Councillor Humfryes 5. Be It Further Resolved That notwithstanding the future adoption of Bill 66, the Town of Aurora will not exercise the powers granted to it in Schedule 10 or any successor sections or schedules to pass open- for-business planning by-laws. Carried 9. Regional Report None 10. New Business Councillor Gallo referred to Item R1 – FS18-028 – 2018 Interim Forecast Update – as at October 31, 2018, and inquired about the variances in water and wastewater services, and staff provided clarification. Councillor Gaertner referred to the letter circulated by Lake Simcoe Region Conservation Authority CAO, Mr. Walters, regarding potential funding cuts to the Council Meeting Minutes Tuesday, December 18, 2018 Page 13 of 16 Source Protection Plan by the Provincial government, and noted that Aurora Town Council should provide input as requested. Councillor Gaertner inquired on the status and the oversight process of the construction of two baseball diamonds at Hallmark Lands. Staff provided a response noting that process for acquiring an architect is in progress, and that the oversight process is multi-departmental and would be conducted according to standard project management guidelines. 11. Public Service Announcements Councillor Gilliland extended a reminder that winter overnight parking restrictions will be in effect from November 15 to April 15, which restricts overnight parking between 2 a.m. and 6 a.m. Councillor Humfryes noted that registration is open for winter recreation and aquatic programs, and more information including the program guide can be found at aurora.ca/recguide. Councillor Kim announced that members of public could provide their feedback on recreational cannabis outlets in Aurora by visiting placespeak.com/AuroraCannabisRetail. Councillor Gaertner noted that the Skylight Gallery artist for December is Claudine Mueller, and the exhibit is open Monday to Friday from 8:30 a.m. to to 4:30 p.m. at Aurora Town Hall, 3rd floor. Councillor Gaertner noted that Members of Council and staff wore purple at the meeting in support and recognition of the Wrapped in Courage Campaign. A flag raising hosted by Yellow Brick House was conducted on December 6, 2018, in recognition of National Day of Remembrance and Action on Violence against Women. Councillor Gaertner extended wishes to Girls Inc. on receiving the 2018 Ted Rogers Community Grant of $15,000 at the Rogers Hometown Hockey event. Councillor Thompson announced that the 2019 Waste Management Guide and Recycling Calendars have been distributed to all residents, and an electronic version is available at aurora.ca/wasteandrecycling. Council Meeting Minutes Tuesday, December 18, 2018 Page 14 of 16 Councillor Gallo extended a reminder that registration is open for the Town’s Winterfest Camp programs during the holiday season and program information is available at aurora.ca/campprograms. Councillor Gallo extended wishes to everyone for a safe and Happy Holiday. Mayor Mrakas announced the appointment of citizen and Council members to the Accessibility Advisory Committee, Aurora Public Library Board, and Committee of Adjustment (including appointment to Property Standards Committee and Aurora Appeal Tribunal) as follows: Accessibility Advisory Committee: Matthew Abas, Gordon Barnes, Max Le Moine, John Lenchak, Hailey Reiss, Jo- anne Spitzer, and Councillor Gilliland Aurora Public Library Board: John Clement, Tom Connor, Adam Mobbs, Marie Rankel, Ken Turriff, and Councillors Humfryes and Kim Committee of Adjustment: Michele Boyer, Steven D’Angeli, Daniel Lajeunesse, Clarence Lui, and Tom Plamondon Mayor Mrakas further announced the appointment of Councillor Gaertner to the Board of the Lake Simcoe Region Conservation Authority. Mayor Mrakas extended a reminder that Aurora Town Hall will be closed from Monday, December 24, 2018 to Friday, December 28, 2018, and will be open on Monday, December 31, 2018 from 8:30 a.m. to 3 p.m. Regular business hours will resume on January 2, 2019. Mayor Mrakas noted that Aurora’s Family First Night will be held on Monday, December 31, 2018 from 6 p.m. to 9 p.m. at the Aurora Family Leisure Complex, and more information can be found at aurora.ca/firstnight. Mayor Mrakas and other Members of Council extended their wishes to Mr. Marco Ramunno, Director of Planning and Development Services for his 10 years of service to the community, as he will be pursuing a new position at the Town of East Gwillimbury. Mayor Mrakas extended wishes to everyone for a Merry Christmas, Happy Hanukkah, and safe and Happy Holidays. Council Meeting Minutes Tuesday, December 18, 2018 Page 15 of 16 12. By-laws Moved by Councillor Thompson Seconded by Councillor Humfryes That the following by-law be enacted: (a) By-law Number 6135-18 Being a By-law to establish lands on Plan 65R- 36418 as a highway (Old Bloomington Road). (b) By-law Number 6136-18 Being a By-law to permanently close portion of a highway (Old Bloomington Road). (c) By-law Number 6137-18 Being a By-law to allocate any 2018 Operating Fund surplus and any 2018 Water and Wastewater Operating Fund surplus or deficit. (d) By-law Number 6138-18 Being a By-law to levy Interim Property Taxes for the 2019 taxation year. (e) By-law Number 6139-18 Being a By-law to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of The Town of Aurora. (f) By-law Number 6140-18 Being a By-law to appoint an Integrity Commissioner for the Town of Aurora. Carried 13. Closed Session None 14. Confirming By-law Moved by Councillor Kim Seconded by Councillor Gaertner That the following confirming by-law be enacted: Council Meeting Minutes Tuesday, December 18, 2018 Page 16 of 16 By-law Number 6141-18 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on December 18, 2018. Carried 15. Adjournment Moved by Councillor Kim Seconded by Councillor Gilliland That the meeting be adjourned at 9:42 p.m. Carried _________________________________ _________________________________ Tom Mrakas, Mayor Michael de Rond, Town Clerk