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MINUTES - Council - 20190226 Town of Aurora Council Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, February 26, 2019 Attendance Council Members Mayor Mrakas in the Chair; Councillors Gaertner, Gallo, Gilliland, Humfryes (arrived 7:04 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, Lawrence Kuk, Acting Director of Planning and Development Services, Michelle Outar, Communications Specialist, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Linda Bottos, Council/Committee Coordinator The Chair called the meeting to order at 7 p.m. Council consented to recess the meeting at 9:05 p.m. and reconvened the meeting at 9:15 p.m. Mayor Mrakas relinquished the Chair to Deputy Mayor Kim at 8:39 p.m. during the consideration of Motions (a) and (b) and resumed the Chair at 9:04 p.m. 1. Approval of the Agenda Moved by Councillor Thompson Seconded by Councillor Gilliland That the agenda as circulated by Legislative Services, as amended with the following additional items, be approved: Council Meeting Minutes Tuesday, February 26, 2019 Page 2 of 16 • Delegation (b) Anton Muzychka, representing Owner of 203 St. John’s Sideroad West; Re: GC Item R4 – Report No. CS19-011 – Fence By-law Exemption Request – 203 St. John’s Sideroad West • Delegation (c) George Skoulikas, representing Henderson Forest Aurora Ratepayer Association; Re: Motion (c) Information Regarding 672 and 684 Henderson Drive • By-law (b) By-law Number XXXX-19 Being a By-law to appoint Municipal By- law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora. On a two-thirds vote the motion Carried 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 (a) Brian North, Chair, Run for Southlake Committee, Southlake Regional Health Centre Foundation Re: 2019 Run for Southlake Mr. North presented an update regarding the services of Southlake Regional Health Centre and the impact of funds raised for the most urgent needs across the hospital. He encouraged the citizens of Aurora to register and participate in the Run for Southlake fundraising event being held on Sunday, April 28, 2019. Mr. North extended a challenge to Mayor Mrakas and members of Council to register a team for the Mayor’s Team Challenge and bring the trophy back to Aurora. Moved by Councillor Gilliland Seconded by Councillor Kim That the presentation be received for information. Carried Council Meeting Minutes Tuesday, February 26, 2019 Page 3 of 16 4. Delegations (a) Sandra Manherz, Sport Aurora Re: GC Item R3 – Report No. CMS19-004 – Sport Plan – Update Ms. Manherz, Vice President of Sport Aurora, stated that she wished to correct some misconceptions and inaccuracies that have been reported regarding the Sport Plan and provided clarification to: the Town’s leadership role; the value provided to taxpayers by Sport Aurora; the creation of a Sport Board versus Sport Council; sport representation; and funding. She requested that Council consider her comments when deliberating the future of the Sport Plan and, specifically, deliverable #3 (Goal 1: Sport Leadership) as it pertains to a Sport Council. Moved by Councillor Thompson Seconded by Councillor Gaertner That the comments of the delegation be received and referred to GC Item R3. Carried (b) Philipp Parkhomenko, representing Owner of 203 St. John’s Sideroad West Re: GC Item R4 – Report No. CS19-011 – Fence By-law Exemption Request – 203 St. John’s Sideroad West Mr. Parkhomenko spoke in support of the property owner’s request for an exemption to the Town’s Fence By-law. Moved by Councillor Gallo Seconded by Councillor Thompson That the comments of the delegation be received and referred to GC Item R4. Carried (c) George Skoulikas, representing Henderson Forest Aurora Ratepayer Association Re: Motion (c) Information Regarding 672 and 684 Henderson Drive Mr. Skoulikas spoke in support of Councillor Gaertner’s Motion (c). Council Meeting Minutes Tuesday, February 26, 2019 Page 4 of 16 Moved by Councillor Thompson Seconded by Councillor Humfryes That the comments of the delegation be received and referred to Motion (c). Carried 5. Consent Agenda Moved by Councillor Thompson Seconded by Councillor Gaertner That the following Consent Agenda Items, C1 to C11 inclusive, be approved: C1. Council Meeting Minutes of January 22, 2019 1. That the Council Meeting minutes of January 22, 2019, be adopted as printed and circulated. C2. Council Closed Session Minutes of February 12, 2019 1. That the Council Closed Session minutes of February 12, 2019, be adopted as printed and circulated. C3. Council Closed Session Public Minutes of February 12, 2019 1. That the Council Closed Session Public minutes of February 12, 2019, be adopted as printed and circulated. C4. Council Closed Session Minutes of January 22, 2019 1. That the Council Closed Session minutes of January 22, 2019, be adopted as printed and circulated. C5. Council Closed Session Public Minutes of January 22, 2019 1. That the Council Closed Session Public minutes of January 22, 2019, be adopted as printed and circulated. Council Meeting Minutes Tuesday, February 26, 2019 Page 5 of 16 C6. Special Meeting of Council Minutes of January 21, 2019 1. That the Special Meeting of Council minutes of January 21, 2019, be adopted as printed and circulated. C7. Council Closed Session Minutes of January 15, 2019 1. That the Council Closed Session minutes of January 15, 2019, be adopted as printed and circulated. C8. Council Closed Session Public Minutes of January 15, 2019 1. That the Council Closed Session Public minutes of January 15, 2019, be adopted as printed and circulated. C9. Council Public Planning Meeting Minutes of January 30, 2019 1. That the Council Public Planning Meeting minutes of January 30, 2019, be adopted as printed and circulated. C10. Council Closed Session Minutes of January 11 and 12, 2019 1. That the Council Closed Session minutes of January 11 and 12, 2019, be adopted as printed and circulated. C11. Council Orientation, Education and Training Session Minutes of January 11 and 12, 2019 1. That the Council Orientation, Education and Training Session minutes of January 11 and 12, 2019, be adopted as printed and circulated. Carried 6. Standing Committee Reports Moved by Councillor Humfryes Seconded by Councillor Kim That the following Standing Committee Report, Item S1, be received and the recommendations carried by the Committee approved, with the exception of sub- items R4 and R5, which were discussed and voted on separately as recorded below: Council Meeting Minutes Tuesday, February 26, 2019 Page 6 of 16 S1. General Committee Meeting Report of February 12, 2019 (C1) OPS19-001 – Winter Maintenance Report No. 1 Revised Provincial Minimum Maintenance Standards (MMS) and Windrow Clearing Program 1. That Report No. OPS19-001 be received; and 2. That the recommendations and service levels contained in Table 1 associated with the Revised Provincial Municipal Maintenance Standards (MMS) be approved; and 3. That staff report back with options to meet standards for winter pre- treatment of roads with the intent of finalizing any additional requirements for the 2020 Capital and Operating Budgets; and 4. That the Director of Operations, or their designate, be appointed as the designated Official for the purposes of declaring a “Significant Weather Event”; and 5. That the Town of Aurora not proceed with a Windrow Clearing Program. Carried (C2) Memorandum from Mayor Mrakas Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of November 30 and December 14, 2018 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of November 30 and December 14, 2018, be received for information. Carried (R1) CMS19-005 – Library Square Project – Update 1. That Report No. CMS19-005 be received for information. Carried Council Meeting Minutes Tuesday, February 26, 2019 Page 7 of 16 (R2) CS19-013 – Council Code of Conduct and Local Boards Code of Conduct 1. That Report No. CS19-013 be received; and 2. That the Council Code of Conduct be approved; and 3. That the Local Boards Code of Conduct be approved; and 4. That the necessary by-law to implement the Council Code of Conduct and the Local Boards Code of Conduct be enacted at the February 26, 2019 Council meeting. Carried (R3) CMS19-004 – Sport Plan – Update 1. That Report No. CMS19-004 be received; and 2. That the budgeted amount of $103,400 that has been allocated in the draft 2019 Operating Budget be preserved until such time a final delivery option is agreed upon. Carried (R4) CS19-011 – Fence By-law Exemption Request – 203 St. John’s Sideroad West Motion to refer Moved by Councillor Thompson Seconded by Councillor Humfryes That Report No. CS19-011 – Fence By-law Exemption Request – 203 St. John’s Sideroad West be referred back to staff. Motion to refer Carried (R5) PDS19-013 – Proposal for Interim Control By-law Exemption 29 Church Street Council Meeting Minutes Tuesday, February 26, 2019 Page 8 of 16 Moved by Councillor Thompson Seconded by Councillor Humfryes 1. That Report No. PDS19-013 be received; and 2. That a by-law be enacted to amend the Interim Control By-law to remove the lands municipally known as 29 Church Street from the provisions of the By-law. Carried (R6) FS19-004 – Major Capital Investments Funding Strategy 1. That Report No. FS19-004 be received for information. Carried (R7) PDS19-008 – Amendment to the Site Plan Control By-law 1. That Report No. PDS19-008 be received; and 2. That a by-law be enacted to amend By-law No. 6108-18, to include delegated approval authority for select site plan applications within the Business Park zone. Carried (R8) PDS19-012 – Proposed Amendment 1 to the Growth Plan for the Greater Golden Horseshoe 1. That Report No. PDS19-012 be received; and 2. That this Report be forwarded to the Ontario Growth Secretariat and the Minister of Municipal Affairs and Housing; and 3. That a letter be sent to the Minister of Municipal Affairs and Housing to request an extension of the commenting deadline for “Proposed Amendment 1 to the Growth Plan for the Greater Golden Horseshoe” from 45 days (February 28, 2019) to 90 days (April 14, 2019) to allow Council the opportunity to consider a subsequent report with further comments on the proposed amendments. Carried Council Meeting Minutes Tuesday, February 26, 2019 Page 9 of 16 (R9) FS19-002 – 2019 Operating Budget 1. That Report No. FS19-002 be received; and 2. That the 2019 draft Operating Budget be referred to Budget Committee for review at its scheduled meetings commencing February 21, 2019. Carried 7. Consideration of Items Requiring Discussion (Regular Agenda) R1. PDS19-017 – Comments on Proposed Amendment 1 to the Growth Plan for the Greater Golden Horseshoe Main motion Moved by Councillor Gaertner Seconded by Councillor Humfryes 1. That Report No. PDS19-017 be received; and 2. That this Report and the relevant comments contained therein be forwarded to the Director, Ontario Growth Secretariat and Minister of Municipal Affairs Ontario. Amendment Moved by Councillor Gaertner Seconded by Councillor Humfryes That the main motion be amended by adding the following clauses: That any change in terminology that reflects a reduction in standards is not supported, specifically that the language in the Growth Plan that reads "a clean and healthy environment" not be changed to "a cleaner environment"; and That the terminology of "social equity" not be changed to “an approach that puts people first". Carried Council Meeting Minutes Tuesday, February 26, 2019 Page 10 of 16 Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Humfryes 1. That Report No. PDS19-017 be received; and 2. That this Report and the relevant comments contained therein be forwarded to the Director, Ontario Growth Secretariat and Minister of Municipal Affairs Ontario; and 3. That any change in terminology that reflects a reduction in standards is not supported, specifically that the language in the Growth Plan that reads "a clean and healthy environment" not be changed to "a cleaner environment"; and 4. That the terminology of "social equity" not be changed to “an approach that puts people first". Main motion as amended Carried 8. Motions (a) Mayor Mrakas Re: Backyard Swimming Instruction on Private Property Moved by Mayor Mrakas Seconded by Councillor Humfryes Whereas swimming is a life skill that all people should acquire and residents who have backyard swimming pools offer lessons and instruction in their private pools providing a community service within their neighbourhood; and Whereas often these instructors are young adults and students seeking summer employment; and Whereas the Town’s Zoning By-law permits home occupation for similar types of activities such as dance or music instruction provided that all home occupation activities be conducted entirely within the dwelling or permitted accessory buildings; Council Meeting Minutes Tuesday, February 26, 2019 Page 11 of 16 1. Now Therefore Be It Hereby Resolved That staff be directed to report back regarding the changes needed for a Zoning By-law amendment to amend the Home Occupation provisions to allow for backyard swimming instruction on private property. Carried (b) Mayor Mrakas Re: Cannabis Public Use By-law Moved by Mayor Mrakas Seconded by Councillor Gaertner Whereas, as of October 17, 2018, the sale and recreational use of cannabis is now legal in Canada; and Whereas the Provincial government has enacted legislation that “…aligns the laws surrounding the consumption of cannabis with the Smoke-Free Ontario Act”; and Whereas, as cannabis use will fall under the same regulations as the Smoke- Free Ontario Act, 2017, it will therefore be prohibited to consume cannabis within 20 metres of a children’s playground, publicly-owned sport field or sport surface, such as a basketball court, baseball field, soccer pitch, ice rink, splash pad or beach volleyball court; and it is illegal to smoke or hold lighted tobacco or cannabis on public or private school property as well as in any common areas of condos, apartment buildings, or college and university residences; and Whereas, as per recent amendments to the Municipal Act, 2001, municipalities can pass by-laws respecting the smoking and vaping of cannabis that are more restrictive than the rules under the Smoke-Free Ontario Act, 2017; and Whereas residents are concerned about the use of cannabis in public spaces; and Whereas there is a lack of understanding as to what is or is not permitted regarding the use of cannabis in public spaces; and Whereas consistency and clarity of regulation of use of cannabis in public spaces across municipalities in York Region is in the public interest; Council Meeting Minutes Tuesday, February 26, 2019 Page 12 of 16 1. Now Therefore Be It Hereby Resolved That the Town of Aurora request York Region to work with Regional municipalities to create a Regional public cannabis usage by-law that addresses and reflects community concerns regarding use of cannabis in public spaces; and 2. Be It Further Resolved That, upon approval of said by-law, staff be directed to create a cannabis education/resource guide and awareness campaign, to ensure residents and businesses are aware of the regulations as they speak to the use of cannabis in public spaces; and 3. Be It Further Resolved That this motion be sent to all York Region municipalities for their endorsement. Carried (c) Councillor Gaertner Re: Information Regarding 672 and 684 Henderson Drive Moved by Councillor Gaertner Seconded by Councillor Gallo Whereas there is a significant public interest in the proposed development of the properties located at 672 and 684 Henderson Drive; and Whereas the community is requesting more information with respect to the history of the property and any contact between the owners and the Town; and Whereas it is important to recognize the public expectation of open and accessible information; 1. Now Therefore Be It Hereby Resolved That any and all Town information regarding the properties located at 672 and 684 Henderson Drive, including but not limited to prior correspondence and Closed Session Reports and Minutes, excluding anything currently being considered by Council in Closed Session, be released to the general public and the Committee of Adjustment before a Meeting is held regarding these properties. Council Meeting Minutes Tuesday, February 26, 2019 Page 13 of 16 Motion to defer Moved by Councillor Gilliland Seconded by Councillor Kim That Motion (c) Councillor Gaertner; Re: Information Regarding 672 and 684 Henderson Drive be deferred to the next Council meeting on March 26, 2019; and That a Council Closed Session regarding this matter be held prior to the next Council meeting. Motion to defer Carried 9. Regional Report York Regional Council Highlights – January 31, 2019 Moved by Councillor Kim Seconded by Councillor Gaertner That the Regional Report of January 31, 2019, be received for information. Carried 10. New Business Councillor Gaertner inquired about the status of a previous motion regarding the Sewer Use By-law respecting hot tub and pool drainage, and staff agreed to follow up and provide a response. Mayor Mrakas referred to the Ontario government’s announcement of February 26, 2019, respecting planned changes to the health care system and noted that Aurora would be pursuing any opportunities to participate in the provision of coordinated patient services. 11. Public Service Announcements Councillor Gilliland extended a reminder about the winter overnight parking restrictions that continue to be in effect from 2 a.m. to 6 a.m. until April 15, 2019. Council Meeting Minutes Tuesday, February 26, 2019 Page 14 of 16 Councillor Humfryes announced that the 2nd Annual Paws in the SARC event will be held in the Spring and noted that details, including vendor and sponsorship opportunities, are available at aurora.ca/pawsinthesarc. Councillor Humfryes shared her experiences of participating in an afternoon ride- along with By-law Services staff, noting that their primary goal is to protect residents and keep the community safe through enforcement, education and proactive approaches. She expressed her appreciation to staff for their time and efforts, and encouraged other Council members to participate in a ride-along to gain a better understanding of the role of By-law Services. Councillor Kim announced that the Town is accepting applications for the John West Memorial “Leaders of Tomorrow” Scholarship Award until May 1, 2019, and noted that details are available at aurora.ca/leadersoftomorrow. Councillor Gaertner advised that the Town is seeking feedback and suggestions regarding the future direction of areas designated as Stable Neighbourhoods, which will be discussed at a Public Planning meeting at 7 p.m. on March 27, 2019, at Town Hall. She noted that feedback can be submitted online at placespeak.com/stableneighbourhoods. Councillor Thompson advised that the Town is working on an Economic Development Strategy and seeking resident input through an online survey by clicking on the Have Your Say Banner at aurora.ca. Councillor Thompson encouraged everyone to register and participate in the 2019 Run for Southlake fundraising event being held on Sunday, April 28, 2019. Councillor Thompson invited residents to be a part of the Town’s 2019 Budget process by attending and providing input at Budget meetings, details of which can be found at aurora.ca/budget. Councillor Gallo announced that the Spring & Summer Community Services Program Guide has been delivered, noting that online or in-person registration for residents began on February 25, 2019, for Recreation and Summer Camp programs, and Aquatics registration will start on Monday, March 4, 2019. He further noted that registrations from February 25 to March 8, 2019, for select Summer Camps would receive a 10% discount and details are available at aurora.ca/summercamps. Council Meeting Minutes Tuesday, February 26, 2019 Page 15 of 16 Mayor Mrakas announced that the Town is again recognizing its volunteer citizens and organizations who have made a positive impact in the community, noting that nominations will be accepted until April 5, 2019, and the nomination form and details are available at any Town facility reception desk or aurora.ca/cra. Mayor Mrakas acknowledged that the Family Day events held on February 18, 2019, including Aurora’s Arctic Adventure, were a great success, and he expressed appreciation to the Special Events team and all staff involved. 12. By-laws Moved by Councillor Humfryes Seconded by Councillor Kim That the following by-laws be enacted: (a) By-law Number 6155-19 Being a By-law to establish a Council Code of Conduct and a Local Boards Code of Conduct. (b) By-law Number 6156-19 Being a By-law to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora. Carried 13. Closed Session None 14. Confirming By-law Moved by Councillor Gaertner Seconded by Councillor Kim That the following confirming by-law be enacted: By-law Number 6157-19 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on February 26, 2019. Carried Council Meeting Minutes Tuesday, February 26, 2019 Page 16 of 16 15. Adjournment Moved by Councillor Gallo Seconded by Councillor Gilliland That the meeting be adjourned at 9:49 p.m. Carried _________________________________ _________________________________ Tom Mrakas, Mayor Michael de Rond, Town Clerk