AGENDA - Council - 20201027Town of Aurora
Council Meeting Agenda (Revised)
Date:Tuesday, October 27, 2020
Time:7 p.m.
Location:Video Conference
Pages
1.Procedural Notes
This meeting will be held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
Added items are marked with an asterisk (*).
2.Approval of the Agenda
3.Declarations of Pecuniary Interest and General Nature Thereof
4.Community Presentations
5.Delegations
Note: Anyone wishing to provide comment on an agenda item is encouraged to
visit www.aurora.ca/participation for guidelines on electronic delegation.
6.Consent Agenda
6.1.Council Meeting Minutes of September 29, 2020 1
That the Council meeting minutes of September 29, 2020, be
adopted as circulated.
1.
6.2.Council Closed Session Minutes of October 6, 2020 (confidential
attachment)
That the Council Closed Session minutes of October 6, 2020, be
adopted as circulated.
1.
6.3.Council Closed Session Public Meeting Minutes of October 6, 2020 19
That the Council Closed Session Public meeting minutes of
October 6, 2020, be adopted as circulated.
1.
6.4.Special Meeting of Council Minutes of October 6, 2020 22
That the Special Meeting of Council minutes of October 6, 2020,
be adopted as circulated.
1.
6.5.Council Public Planning Meeting Minutes of October 13, 2020 25
That the Council Public Planning meeting minutes of October 13,
2020, be adopted as circulated.
1.
6.6.Memorandum from Councillor Gaertner; Re: Lake Simcoe Region
Conservation Authority Board Meeting Highlights of July 24, 2020
32
That the memorandum regarding Lake Simcoe Region
Conservation Authority Board Meeting Highlights of July 24,
2020, be received for information.
1.
7.Standing Committee Reports
7.1.General Committee Meeting Report of October 6, 2020 37
That the General Committee meeting report of October 6, 2020,
be received and the recommendations carried by the Committee
approved.
1.
*7.1.1.Accessibility Advisory Committee Meeting Minutes of
September 9, 2020
That the Accessibility Advisory Committee meeting
minutes of September 9, 2020, be received for
information.
1.
*7.1.2.Heritage Advisory Committee meeting minutes of September
14, 2020
That the Heritage Advisory Committee meeting minutes
of September 14, 2020, be received for information.
1.
*7.1.3.Finance Advisory Committee Meeting Minutes of September 15,
2020
That the Finance Advisory Committee meeting minutes
of September 15, 2020, be received for information.
1.
*7.1.4.Community Advisory Committee Meeting Minutes of September
17, 2020
That the Community Advisory Committee meeting1.
minutes of September 17, 2020, be received for
information.
7.1.5.FIN20-015 - 2019 Year-end Budget Report - as at December
31, 2019
That Report No. FIN20-015 be received for information.1.
7.1.6.PDS20-044 - Town of Aurora Proposed Anti-Idling Policy
That Report No. PDS20-044 be received; and1.
That Council approve the Town of Aurora Anti-Idling
policy attached to this report; and
2.
That staff be directed to report back after one year with
a policy review.
3.
7.1.7.PDS20-050 - Implementation of Automated Speed Enforcement
Program
That Report No. PDS20-050 be received; and1.
That staff report back on the findings of the Region’s
Automated Speed Enforcement Program following
completion of the two-year, limited use pilot program.
2.
7.1.8.PDS20-055 - Pedestrian Grade Separated Crossings and
Future Priority Crossings within Barrie GO Rail Corridor
That Report No. PDS20-055 be received; and1.
That Council identify as a priority the Cousins Drive
pedestrian rail crossing identified in Attachment 2 and
staff report back on the feasibility of funding the
crossing as part of the 2022 Budget 10-year capital
planning process.
2.
7.2.General Committee Meeting Report of October 20, 2020 43
That the General Committee meeting report of October 20,
2020, be received and the recommendations carried by the
Committee approved.
1.
7.2.1.FIN20-024 - 2021 and 2022 Fees and Charges
That Report No. FIN20-024 be received; and1.
That a by-law be enacted to set the 2021 and 2022
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.
2.
7.2.2.FIN20-026 - 2020 Interim Forecast Update Report - as of
August 31, 2020
That Report No. FIN20-026 be received for information.1.
7.2.3.OPS20-016 - Tree Removal Permit Applications for 126
Temperance Street and 53 Metcalfe Street
That Report No. OPS20-016 be received; and1.
That the Tree Removal Permit Application for 126
Temperance Street be approved; and
2.
That the Tree Removal Permit Application for 53
Metcalfe Street be approved.
3.
7.2.4.PDS20-060 - Heritage Designation for 28 Wellington Street
West ("Alfred Love House")
That Report No. PDS20-60 be received; and1.
That the property at 28 Wellington Street, where the
building known as “Alfred Love House” is located, be
designated under Part IV of the Ontario Heritage Act as
a property of Cultural Heritage Value or Interest; and
2.
That the Town Clerk be authorized to publish and serve
Council’s Notice of Intention to Designate in
accordance with the requirements of the Ontario
Heritage Act; and
3.
That the designation by-law be brought before Council
for adoption if no objections are received within the
thirty (30) day period as per the Ontario Heritage Act.
4.
7.2.5.PDS20-062 - Heritage Permit Application for 31 Catherine
Avenue
That Report No. PDS20-062 be received; and1.
That Heritage Permit Application HPA-2020-10 to
permit the demolition of an existing detached garage
and construction of a new addition at 31 Catherine
2.
Avenue be approved, subject to the elimination of the
one-storey extension at the rear of the proposed
addition.
8.Consideration of Items Requiring Discussion (Regular Agenda)
8.1.FIN20-027 - 2021 Budget Introduction 49
(Presentation to be provided by Rachel Wainwright-van Kessel, Director
of Finance)
That Report No. FIN20-027 be received; and1.
That the proposed 2021 to 2022 budget be referred to Budget
Committee for review at its scheduled meetings starting on
November 9, 2020.
2.
9.Motions
9.1.Councillor Kim; Re: Great Canadian Achievements Mural 62
10.Regional Report
10.1.York Regional Council Highlights - September 24, 2020 63
That the Regional Report of September 24, 2020, be received for
information.
11.New Business
12.By-laws
12.1.By-law Number XXXX-20 - Being a By-law to regulate occupancy,
fouling, construction and encroachments on highways.
73
(General Committee Report No. OPS20-009, September 8, 2020)
12.2.By-law Number XXXX-20 - Being a By-law to exempt Block 26 on Plan
65M-4467 from Part-Lot Control (Country Wide Homes at Aurora Inc.).
93
13.Closed Session
There are no Closed Session items for this meeting.
14.Confirming By-law
14.1.By-law Number XXXX-20 - Being a By-law to confirm actions by Council
resulting from a Council meeting on October 27, 2020
94
15.Adjournment
1
Town of Aurora
Council
Meeting Minutes
Date:
Time:
Location:
Tuesday, September 29, 2020
7:00 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Mrakas
Councillor Kim
Councillor Gaertner
Councillor Humfryes
Councillor Thompson
Councillor Gilliland
Councillor Gallo
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations
David Waters, Director of Planning and Development Services
Robin McDougall, Director of Community Services
Rachel Wainwright-van Kessel, Director of Finance
Michael de Rond, Town Clerk and Acting Director, Corporate
Services
Patricia De Sario, Town Solicitor
Eliza Bennett, Acting Manager, Corporate Communications
Samantha Yew, Deputy Town Clerk
Ishita Soneji, Council/Committee Coordinator
_____________________________________________________________________
1. Procedural Notes
The Mayor called the meeting to order at 7 p.m.
Mayor Mrakas announced that General Committee and Council Public Planning
meetings will be held virtually starting in October, with the exception of the
Council Public Planning meeting of October 13, 2020 which will be held in-
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person. He noted that Council meetings will be held in-person in the Council
Chambers as scheduled.
Councillor Gallo noted an error in his vote to Motion 9.2 regarding Property
Acquisition – Library Square and clarified that he intended to vote “yes”.
2. Approval of the Agenda
Moved by Councillor Humfryes
Seconded by Councillor Gilliland
That the agenda as circulated by Legislative Services, including the following
additional items, be approved:
Attachment for Community Presentation 4.1 – Deputy Fire Chief Volpe,
CYFS; Re: Cost Recovery Program
Item 8.1 – PDS20-065 – Explore Aurora Campaign Funding Request
Presentation for Item 8.1 – PDS20-065 – Explore Aurora Campaign Funding
Request
Motion 9.6 – Councillor Humfryes; Re: Lake Simcoe Protection Plan
Regional Report 10.1 – York Region Council Highlights – July 30, 2020
Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor
Thompson, Councillor Gilliland, and Councillor Gallo
Absent (1): Councillor Gaertner
On a 2/3 majority vote the motion
Carried (6 to 0)
3. 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.
4. Community Presentations
4.1 Deputy Fire Chief Rocco Volpe, Central York Fire Services; Re: Cost
Recovery Program
Deputy Chief Volpe presented an overview of the Central York Fire
Services (CYFS) cost recovery program and highlighted the success of
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the ongoing pilot program regarding recovering costs associated with
responding to motor vehicle collisions on municipal roadways. He noted
that the CYFS cost recovery program will be expanding to include more
services and that the generated revenue will be utilized for future projects.
Moved by Councillor Kim
Seconded by Councillor Thompson
That the presentation be received for information.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
5. Delegations
None
6. Consent Agenda
Moved by Councillor Kim
Seconded by Councillor Humfryes
That the Consent Agenda items, 6.1 to 6.6 inclusive, be approved.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
6.1 Council Meeting Minutes of July 14, 2020
1. That the Council meeting minutes of July 14, 2020, be adopted as
circulated.
Carried
6.2 Special Meeting of Council Minutes of August 25, 2020
1. That the Special Meeting of Council minutes of August 25, 2020, be
adopted as circulated.
Carried
6.3 Council Closed Session Minutes of September 8, 2020 (confidential
attachment)
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1. That the Council Closed Session meeting minutes of September 8,
2020, be adopted as circulated.
Carried
6.4 Council Closed Session Public Minutes of September 8, 2020
1. That the Council Closed Session Public minutes of September 8,
2020, be adopted as circulated.
Carried
6.5 Council Public Planning Meeting Minutes of September 15, 2020
1. That the Council Public Planning Meeting Minutes of September 15,
2020, be adopted as circulated.
Carried
6.6 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region
Conservation Authority Board Meeting Highlights of June 26, 2020
1. That the memorandum regarding Lake Simcoe Region Conservation
Authority Board Meeting Highlights of June 26, 2020, be received for
information.
Carried
7. Standing Committee Reports
Moved by Councillor Humfryes
Seconded by Councillor Kim
1. That the General Committee reports of September 8, 2020 and September
22, 2020 be received and the recommendations carried by the Committees
approved, with the exception of sub-items 7.1(7.1.2) and 7.2(7.2.3), which
were discussed and voted on separately as recorded below.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
7.1 General Committee Report of September 8, 2020
7.1.1 Mayor's Golf Classic Funds Committee Meeting Minutes of
July 30, 2020
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1. That the Mayor's Golf Classic Funds Committee meeting
minutes of July 30, 2020, be received for information.
Carried
7.1.2 OPS20-013 - Review of Urban Forest Study and Associate
Forestry Policies
Moved by Councillor Gilliland
Seconded by Councillor Humfryes
1. That Report No. OPS20-013 be received; and
2. That Planning & Development Services present a Town initiated
amendment to the Comprehensive Zoning By-Law to confirm
and define the requirement for a landscape strip for all zones as
required for the purposes of tree planting and supporting soil
volume; and
3. That the definition of a Landscape Strip be changed to require a
minimum 3.0m un-obstructed width solely for the purpose of
tree planting and supporting soil volume; and
4. That the Landscape Design Guidelines be amended to:
a. Clarify the soil depth required within Landscape Strips be a
minimum 0.6m continuous topsoil depth; and
b. Increase the Boulevard topsoil depth from 300mm to 450mm
continuous depth; and
5. That the Town of Aurora's Engineering standards be reviewed
ande revised to support an increase in topsoil depth within
Town boulevards; and
6. That the Tree Removal/Pruning and Compensation Policy be
amended as described in Report No. OPS20-013; and
7. That a by-law to amend the Tree Permit By-law (Number 5850-
16) be enacted at a future Council meeting to:
a. Confirm the minimum tree size for compensation be 5cm
trunk diameter or greater; and
b. Refer compensation requirements for minor variance,
consent to severe, stable neighbourhoods, site plan and
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subdivision applications to the Tree Removal/Pruning and
Compensation Policy; and
c. Forbid tree removal permits from being issued from April 1st
to August 31st in respect of the Migratory Birds Convention
Act; and
8. That the Tree Protection/Preservation Policy and the Tree
Planting and Approved Plant List Policy be amended as
described in Report OPS20-013.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner,
Councillor Humfryes, Councillor Thompson, Councillor Gilliland,
and Councillor Gallo
Carried (7 to 0)
7.1.3 CMS20-020 - Pandemic Recovery Planning – Update No. 2
1. That Report No. CMS20-020 be received for information.
Carried
7.1.4 OPS20-009 - By-law Regulating Occupancy, Works, Fouling
and Encroachments on Highways
1. That Report No. OPS20-009 be received; and
2. That the Highway Occupancy and Encroachment By-law, being
a bylaw to regulate occupancy, fouling and encroachment onto
municipal highways and the repeal of By-law Nos. 4734-05.P,
4744-05.P and 5733-15, be brought forward to a future Council
meeting for enactment.
Carried
7.1.5 FIN20-021 - Bill 197 – Update on Proposed Legislative Changes
to Development Charges Act and Planning Act
1. That Report No. FIN20-021 be received for information.
Carried
7.1.6 FIN20-022 - 2020 Year End Surplus/Deficit Financial Control
By-law
1. That Report No. FIN20-022 be received; and
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2. That a bylaw be enacted to authorize the Treasurer and the
Chief Administrative Officer to make the following year-end
financial adjustments:
a. to allocate any 2020 Operating Fund surplus or deficit as set
out in Report No. FIN20-022; and
b. to allocate any 2020 surplus or alternatively fund any deficit
in the Water, Wastewater, or Storm water 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
7.1.7 FIN20-023 - Safe Restart Funding
1. That Report No. FIN20-023 be received for information.
Carried
7.2 General Committee Report of September 22, 2020
7.2.1 CMS20-023 - Sports Plan Progress Report No. 2
1. That Report No. CMS20-023 be received for information.
Carried
7.2.2 CMS20-022 - Library Square - Project Monitoring Task Force
1. That Report No. CMS20-022 be received; and
2. That the Terms of Reference for the Library Square Project
Monitoring Task Force be approved; and
3. That two members of Council be appointed to the Library
Square Project Monitoring Task Force.
Carried
7.2.3 PDS20-024 - Downtown Parking Update - Library Square
Precinct
Moved by Councillor Gilliland
Seconded by Councillor Thompson
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1. That Report No. PDS20-024 be received; and
2. That shared parking agreements with organizations in the area
be considered as short-term parking solution and staff be
directed to continue exploring the medium and long-term
parking solutions; and
3. That the following intersection improvements be approved by
Council subject to its final review as part of the Town's budget
process which will enhance both vehicular and pedestrian flow:
a. Installing a new traffic signal at the intersection of Yonge
Street and Church Street (to be funded in the 10-year
Capital Plan); and
b. Converting the 2-way ‘Stop’ to an ‘All-way Stop’ at the
intersection of Victoria Street and Church Street (to be
funded by the Town’s Operations Department Operating
Budget); and
4. That staff be directed to coordinate with Chandos to ensure the
compliance of the parking and traffic management strategies
recommended in the Parking Study; and
5. That the Downtown Parking Working Group continue to monitor
and address parking related issues within the Library Square
precinct during construction and report to Council as required.
Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes,
Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Nays (1): Councillor Gaertner
Carried (6 to 1)
7.2.4 OPS20-015 - DWQMS - Financial Plan
1. That Report No. OPS20-015 be received; and
2. That the ten (10) year Financial Plan for the Town of Aurora
Water System be approved.
Carried
8. Consideration of Items Requiring Discussion (Regular Agenda)
8.1 PDS20-065 - Explore Aurora Campaign Funding Request
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Ms. Sandra Ferri, President & CEO of Aurora Chamber of Commerce
presented an overview of the Aurora Economic Development Board's
Explore Aurora marketing campaign and provided details of Phase 2 of
the campaign. She noted that Phase 2 will focus on business and connect
with customers and provided details of the long term goals, program
requirements and financials, plan management, and requested that the
funding be approved.
Moved by Councillor Humfryes
Seconded by Councillor Gilliland
1. That Report No. PDS20-065 be received; and
2. That Council approve funding in the amount $12,000 from the
Economic Development Reserve Fund to support Phase 2 of the
Explore Aurora marketing campaign.
Amendment:
Moved by Councillor Gallo
Seconded by Councillor Thompson
That the main motion be amended by adding the following clause:
"That the Aurora Chamber of Commerce report back to Council
regarding the success of the Explore Aurora marketing campaign"
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner,
Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and
Councillor Gallo
Carried (7 to 0)
Motion as Amended:
Moved by Councillor Humfryes
Seconded by Councillor Gilliland
1. That Report No. PDS20-065 be received; and
2. That Council approve funding in the amount $12,000 from the
Economic Development Reserve Fund to support Phase 2 of the
Explore Aurora marketing campaign; and
3. That the Aurora Chamber of Commerce report back to Council
regarding the success of the Explore Aurora marketing campaign.
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Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
9. Motions
9.1 Councillor Kim; Re: Sidewalk Installation Policy
Whereas in September 2009 Council has approved a “Sidewalk
Installation Policy” (#67), for the installation of sidewalks on Town’s roads
that ensures connectivity, safety and convenient pedestrian traffic in new
development and existing areas, and the policy was subsequently revised
in April 2015; and
Whereas the Transportation Master Plan Update endorsed by Council in
February 2020, identified the existing traffic operational concerns and
recommended “TDM, Transit, and Active Transportation Improvements”
and “Operational Improvements” as viable alternative solutions to
accommodate future growth;” and
Whereas “The Active and Safe Routes to School Program” implemented
in Aurora has helped to encourage the physical activity of youth, enhance
environmental sustainability by reducing greenhouse gas emissions and
help alleviate traffic concerns in school areas; and
Whereas the Town based on the “Active and Safe Routes to School
Program” has implemented “The School Travel Planning Policy (#69)” in
December 2013 and set out a mechanism that would allow for student
pedestrian priority; and
Whereas the Town has a duty to comply with the Accessibility for
Ontarians with Disabilities Act (AODA) that took effect January 1, 2016
that requires municipalities to remove barriers to accessibility and to
construct sidewalks and pathways where gaps exist; and
Whereas while the Town’s population grows, we have to look at
sustainable growth measures by implementing active transportation
principles and designing complete streets that will further reduce
greenhouse gas (GHG) emissions;”
Moved by Councillor Kim
Seconded by Councillor Thompson
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1. Now therefore be it hereby resolved that staff be directed to review the
“Sidewalk Installation Policy” (#67), and report back to General
Committee before the end of the first quarter of 2021 with proposed
revisions for consideration including an approach that provides staff
the delegated authority to install sidewalks for existing areas when the
road is scheduled for reconstruction.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
9.2 Councillor Gallo; Re: Property Acquisition - Library Square
Whereas on May 19, 2020 Aurora Council passed the following resolution
“A proposed or pending acquisition or disposition of land by the
municipality or local board (Section 239(2)(c) of the Municipal Act, 2001);
Re: Closed Session Report No. PDS20-046 – Potential Property
Acquisition – Library Square”; and
Whereas on July 30, 2020 the Town completed the purchase of 15157,
15165, 15171 Yonge Street for $7,500,000 plus $146,475.00 in land
transfer fees; and
Whereas it is in the interest of all Taxpayers to understand the full details
of the purchase and all information that lead to the purchase, which
council relied on;
Moved by Councillor Gallo
Seconded by Councillor Gilliland
1. Now Therefore Be It Hereby Resolved that the Town of Aurora post all
closed session reports pertaining to the purchase of 15157, 15165,
15171 Yonge Street publicly the Library Square page on the Town’s
website; and
2. Be It Further Resolved That those reports include the consultant
prepared attachments provided staff receive their consent to be posted
publicly.
Yeas (1): Councillor Gaertner
Nays (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor
Thompson, Councillor Gilliland, and Councillor Gallo
Defeated (1 to 6)
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Councillor Gallo noted an error in his vote to Motion 9.2 regarding Property Acquisition –
Library Square and clarified that he intended to vote “yes”.
9.3 Councillor Thompson; Re: Audio Recordings of Closed Session
Meetings
Whereas the Town of Aurora acknowledges our responsibility to provide
good government in an accountable and transparent manner; and
Whereas the closed session meetings and attendant proceedings of
Council are subject to investigation at anytime should a member of the
public feel it is warranted; and
Whereas the accuracy of the records and/or documentation kept in
regards to the closed session meetings and proceedings of Council is
therefore vital; and
Whereas currently only minutes are taken and there is no verbatim –
written or audio-recorded record of the closed session proceedings of
Council; and
Whereas the Ombudsman recommends that all municipalities make audio
recordings or video recordings of all meetings – both open and closed – to
ensure a thorough record; and
Whereas it provides a clear and accessible record for closed meeting
investigators to review, and assists in ensuring that officials do not stray
from the legal requirements during closed meetings; and
Whereas Council, in 2015, approved an Accountability and Transparency
policy with the purpose of ensuring openness, accountability and
transparency while protecting the best interests of the Town;
Moved by Councillor Thompson
Seconded by Councillor Kim
1. Now Therefore Be It Hereby Resolved That staff be directed to report
back before the end of the year on the recommendation to have all
future closed session meetings of Council audio-recorded; and
2. Be It Further Resolved That the report include recommended policies
pertaining to security, limited access for investigation purposes only
and what protocols should be put into place for the retention and
destruction of these records.
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Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
9.4 Councillor Thompson; Re: Construction of a Gymnasium at the
SARC
Whereas in 2017 staff were directed to bring back a report on the
feasibility of adding a gymnasium onto the Stronach Aurora Recreation
Complex (SARC); and
Whereas in the report to the Parks, Recreation and Cultural Services
Advisory Committee (PRCSAC) staff supported the concept of
constructing a gym and noted it ‘’would be very well received and utilized
by the community’; and
Whereas in 2018 the PRCSAC committee recommended the construction
of a multi-purpose space that maximizes the land available on the
southeast corner of the SARC be approved; and
Whereas capital project 72410 SARC - Gymnasium was considered in the
2019 budget deliberations but postponed as a result of the overall
expansion to the SARC discussion and potential land acquisition at
Bloomington;
Moved by Councillor Thompson
Seconded by Councillor Kim
1. Now Therefore Be It Hereby Resolved That the construction of a multi
purpose space/gymnasium be added to the 2021 Capital Budget
discussions; and
2. Be It Further Resolved That an option for a single, 6,000 sq. ft. gym, as
initially discussed, and a second option for multiple gyms be presented
at budget time.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
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9.5 Councillor Gilliland and Mayor Mrakas; Re: Environmental Advisory
Committee
Whereas the Town of Aurora declared a Climate Emergency for the
purposes of naming and deepening our commitment to protecting our eco
systems by identifying key criteria to help reduce our carbon footprint and
protect our community from the impacts of climate change; and
Whereas the Town of Aurora is prioritizing the process of creating a
Climate Action Plan for the Town of Aurora, focused on reducing
emissions and adaptation at the community level; and
Whereas staff have been directed by Council to look for opportunities for
economic growth, stimulation in the low-carbon economy, and cost
benefits for all who consume energy; and
Whereas local governments around the world have recognized the
extreme emergency that climate change embodies and have expedited
their own actions, and have called on provincial and national governments
to strengthen action on climate change; and
Whereas the Town would benefit from a dedicated committee to address
environmental and climate adaptation at a community level to discuss
ongoing climate change, protections, energy conservation, education,
environmental matters and contribute comments to the Climate Action
Plan and Community Energy Plan; and
Whereas the Town of Aurora is committed to taking meaningful acti0n to
address the environment and climate change in Aurora;
Moved by Councillor Gilliland
Seconded by Councillor Humfryes
1. Now Therefore Be It Hereby Resolved That a dedicated
“Environmental Advisory Committee” be re-established to address
ongoing climate change, adaptation, and mitigation initiatives, energy
conservation, environmental matters and contribute comments to the
Climate Action Plan, and the Community Energy Plan; and
2. Be It Further Resolved That the “Environmental Advisory Committee”
be comprised of one (1) member of Council and five (5) citizen
members; and
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3. Be It Further Resolved That staff be directed to advertise, in
accordance with the provisions of the “Policy for Ad Hoc/Advisory
Committees and Local Boards”, for applications from members of the
public for appointment to the “Environmental Advisory Committee”; and
4. Be It Further Resolved That the Chief Administrative Officer be
directed to appoint one appropriate staff liaison to support the work of
the “Environmental Advisory Committee”; and
5. Be It Further Resolved That the terms of reference for the Community
Advisory Committee be amended to remove the mandate for
environmental initiatives.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
9.6 Councillor Humfryes; Re: Lake Simcoe Protection Plan
Whereas a healthy environment provides the foundation for healthy
communities, healthy people, and a healthy economy; and
Whereas the passage of the Lake Simcoe Protection Act received
unanimous, all party support in the Ontario Legislature in 2008;
Moved by Councillor Humfryes
Seconded by Councillor Kim
1. Now Therefore Be It Hereby Resolved That the Town of Aurora calls
on the Ontario Government to demonstrate its commitment to clean
water and protecting what matters most in the provincial statutory
review of the Lake Simcoe Protection Plan, by ensuring that provisions
in the Lake Simcoe Protection Plan that protect water quality are not
weakened and that policies protecting natural heritage be
strengthened, in order to meet the targets of the Lake Simcoe
Protection Plan; and
2. Be It Further Resolved That the Ontario Government be requested to
work collaboratively with affected Provincial Ministries and all levels of
government, including First Nations and Métis, to achieve the goals
and targets of the Lake Simcoe Protection Plan and to resource the
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programs that improve Lake Simcoe's water quality during the
provincial statutory review of the Lake Simcoe Protection Plan; and
3. Be It Further Resolved That copies of this resolution be provided to
Ontario Premier Doug Ford, Official Opposition Leader Andrea
Horvath, MPP John Fraser, MPP Mike Schreiner, MPP Caroline
Mulroney, and MPP Jeff Yurek, Minister of the Environment,
Conservation and Parks.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
10. Regional Report
10.1 York Region Council Highlights - July 30, 2020
Moved by Councillor Kim
Seconded by Councillor Humfryes
That the Regional Report of July 30, 2020 be received for information.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
11. New Business
Councillor Gilliland announced that the Colours of Fall concert will be held on
Thursday, October 8, 2020 from 6 p.m. to 7:30 p.m. in Town Park.
Councillor Gaertner referred to the presentation from Rescue Lake Simcoe
Coalition at the September 22, 2020 General Committee meeting and spoke to
the importance of preserving Lake Simcoe and the impact of recent cuts to clean
water protection funding from the Province. She expressed her appreciation to
Councillors Humfryes and Gilliland for bringing forward the motion regarding the
Lake Simcoe Protection Plan and to all Members of Council for their unanimous
support.
Mayor Mrakas congratulated Auroran Barclay Goodrow of the Tampa Bay
Lightning on winning the 2020 Stanley Cup.
Page 16 of 94
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Mayor Mrakas noted that the Ontario Infrastructure Financing was unanimously
approved at the Regional Council.
Mayor Mrakas announced that Councillor Thompson and Councillor Kim will be
appointed to the Library Square Monitoring Task Force.
Mayor Mrakas extended a reminder to that the ground breaking ceremony for
Library Square will be held on October 8, 2020 at 3:30 p.m. and requested
Members of Council to notify of their attendance as attendance will be limited at
the ceremony.
12. By-laws
Moved by Councillor Thompson
Seconded by Councillor Kim
That the following by-laws, 12.1 to 12.3 inclusive, be enacted.
Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor
Thompson, Councillor Gilliland, and Councillor Gallo
Absent (1): Councillor Gaertner
Carried (6 to 0)
12.1 By-law Number 6280-20 Being a By-law to amend By-law Number
6000-17, as amended, respecting the lands municipally known as
162, 306, 370, 434 & 488 St. John’s Sideroad West.
12.2 By-law Number 6281-20 Being a By-law to designate a property to be
of cultural heritage value or interest (15074 Yonge Street “Poplar
Villa”).
12.3 By-law Number 6282-20 Being a By-law to allocate any 2020
Operating Fund surplus and any 2020 Water and Wastewater
Operating Fund surplus or deficit.
13. Closed Session
There were no Closed Session items for this meeting.
14. Confirming By-law
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14.1 6283-20 Being a By-law to confirm actions by Council resulting from
a Council meeting on September 29, 2020
Moved by Councillor Thompson
Seconded by Councillor Humfryes
That the confirming by-law be enacted.
Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor
Thompson, Councillor Gilliland, and Councillor Gallo
Absent (1): Councillor Gaertner
Carried (6 to 0)
15. Adjournment
Moved by Councillor Kim
Seconded by Councillor Thompson
That the meeting be adjourned at 9:19 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
Page 18 of 94
1
Town of Aurora
Council Closed Session Public
Meeting Minutes
Date:
Time:
Location:
Tuesday, October 6, 2020
5:45 p.m.
Virtual Meeting
Council Members: Mayor Mrakas (Chair)
Councillor Kim
Councillor Gaertner
Councillor Humfryes
Councillor Thompson
Councillor Gilliland
Councillor Gallo
Other Attendees: Doug Nadorozny, Chief Administrative Officer
David Waters, Director, Planning and Development Services
John Firman, Manager, Business Support Services
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
_____________________________________________________________________
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
The Chair called the meeting to order at 5:46 p.m.
Council consented to resolve into a Closed Session at 5:46 p.m.
Council reconvened into open session at 6:23 p.m.
2. Approval of the Agenda
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2
Moved by Councillor Gaertner
Seconded by Councillor Kim
That the confidential Council Closed Session meeting agenda be approved.
Carried
3. 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.
4. Consideration of Items Requiring Discussion
Moved by Councillor Thompson
Seconded by Councillor Gaertner
That Council resolve into a Closed Session to consider the following matters:
1. Personal matters about an identifiable individual, including municipal or local
board employee (Section 239(2)(b) of the Municipal Act, 2001); Re: Council
Closed Session Report No. PDS20-064 – Appointments to the Aurora
Economic Development Corporation’s Board of Directors
Carried
4.1 Council Closed Session Report No. PDS20-064 – Appointments to
the Aurora Economic Development Corporation’s Board of Directors
Personal matters about an identifiable individual, including municipal or
local board employee (Section 239(2)(b) of the Municipal Act, 2001)
Moved by Councillor Thompson
Seconded by Councillor Kim
1. That the Council Closed Session Report No. PDS20-064 be received.
Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo
Carried (7 to 0)
5. Confirming By-law
5.1 By-law Number 6284-20 Being a By-law to confirm actions by Council
resulting from a Council Closed Session on October 6, 2020
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3
Moved by Councillor Kim
Seconded by Councillor Gaertner
That the confirming by-law be enacted.
Carried
6. Adjournment
Moved by Councillor Gaertner
Seconded by Councillor Kim
That the meeting be adjourned at 6:27 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
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1
Town of Aurora
Special Meeting of Council
Minutes
Date:
Time:
Location:
Tuesday, October 6, 2020
6:15 p.m.
Video Conference
Council Members: Mayor Mrakas
Councillor Gaertner
Councillor Gallo
Councillor Gilliland
Councillor Humfryes
Councillor Kim
Councillor Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
David Waters, Director of Planning and Development
Services
Nick Kazakoff, Economic Development Officer
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Linda Bottos, Council/Committee Coordinator
_____________________________________________________________________
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
This meeting served as the Annual General Meeting of the Aurora Economic
Development Corporation.
The Mayor called the meeting to order at 6:28 p.m.
2. Approval of the Agenda
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2
Moved by Councillor Thompson
Seconded by Councillor Kim
That the agenda as circulated by Legislative Service be approved.
Carried
3. 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.
4. Delegations
None.
5. Consideration of Items Requiring Discussion
5.1 PDS20-063 - Aurora Economic Development Corporation Annual
Report 2019
Tim Hammill, Chair, Board of Directors, Aurora Economic Development
Corporation (AEDC), presented background on the AEDC and its Board of
Directors, including a timeline of activities, the development of an
Economic Development Strategic Plan, the mission, and recent activities.
Moved by Councillor Humfryes
Seconded by Councillor Gaertner
1. That Report No. PDS20-063 be received; and
2. That the Aurora Economic Development Corporation’s Director’s
Report attached hereto as Attachment 1 be received; and
3. That the requirements regarding the appointment and duties of the
auditor be exempted for the financial year; and
4. That Council appoint the following two (2) individuals to the Aurora
Economic Development Corporation (AEDC) Board of Directors for a
term of three years:
Michael Hardman
Thai Pham; and
5. That Council approve a special resolution passed by the AEDC Board
of Directors to increase the number of local residents or business
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3
owners to nine and to decrease the number of Council representatives
to two.
On a recorded vote the motion
Carried
Yeas: 6 Nays: 1
Voting Yeas: Councillors Gaertner, Gilliland, Humfryes, Kim,
and Thompson, Mayor Mrakas
Voting Nays: Councillor Gallo
6. Confirming By-law
6.1 By-law No. 6285-20 Being a By-law to confirm actions by Council
resulting from a Special Meeting of Council on October 6, 2020
Moved by Councillor Gaertner
Seconded by Councillor Humfryes
That the confirming by-law be enacted.
Carried
7. Adjournment
Moved by Councillor Kim
Seconded by Councillor Gaertner
That the meeting be adjourned at 6:49 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
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1
Town of Aurora
Council Public Planning
Meeting Minutes
Date:
Time:
Location:
Tuesday, October 13, 2020
7:00 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Mrakas
Councillor Kim
Councillor Gaertner
Councillor Humfryes
Councillor Thompson
Councillor Gilliland
Members Absent: Councillor Gallo
Other Attendees: David Waters, Director of Planning and Development
Services
Matthew Peverini, Planner
Carlson Tsang, Planner
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Ishita Soneji, Council/Committee Coordinator
_____________________________________________________________________
1. Procedural Notes
The Chair called the meeting to order at 7:06 p.m.
Council consented to recess the meeting at 8:55 p.m. and reconvened the
meeting at 9:06 p.m.
2. Approval of the Agenda
Moved by Councillor Gilliland
Seconded by Councillor Kim
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2
That the agenda as circulated by Legislative Services be approved.
Yeas (4): Mayor Mrakas, Councillor Kim, Councillor Humfryes, and Councillor
Gilliland
Absent (3): Councillor Gaertner, Councillor Thompson, and Councillor Gallo
Carried (4 to 0)
3. 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.
4. Planning Applications
The Mayor outlined the procedures that would be followed in the conduct of the
public meeting. The Town Clerk confirmed that the appropriate notice was given
in accordance with the relevant provisions of the Planning Act.
4.1 PDS20-057 - Applications for Official Plan Amendment, Zoning By-
law Amendment, and Draft Plan of Subdivision, TFP Aurora
Developments Ltd., 20 and 25 Mavrinac Boulevard
Blocks 1 and 2, Plan 65M-3852, File Numbers: OPA-2017-01, ZBA-2017-
03 and SUB-2017-02
Applicant
Mr. Don Given, Founding Partner, Malone Given Parsons Ltd, presented
an overview of the proposed development including site context, history of
proposed plans on the subject lands and the current revised plans, local
context and comparison of densities to surrounding neighbourhood, and
details of the design and layout of the proposed detached homes,
townhouse units and the senior's apartment building.
Planning Staff
Mr. Matthew Peverini, Planner, provided an overview of the staff report
and the proposed Official Plan and Zoning By-law amendments and Draft
Plan of Subdivision noting that the applicant is proposing to re-designate
the subject lands from “Business Park” to “Low-Medium Density
Residential” and “Medium-High Density Residential” in its entirety, and
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3
amend the Zoning By-law to the following site specific zones: two "R4(XX-
YY) - Detached Fourth Density Residential", four "R8(AA-DD) -
Townhouse Dwelling Residential", "RA2(XX) - Second Density Apartment
Residential", and two "O2(XX-YY) - Private Open Space", in order to
facilitate the development of a six storey seniors apartment building, 40
single detached dwellings and 209 townhouse units. He further presented
a summary of any public comments received regarding the application and
the next steps.
Public Comments
Aurora residents Kathryn Billett, Dennis Qiao, Jonathan Garcia, Elias
Paisley, Jocelyn Chi, expressed the following concerns and questions:
Concerns regarding:
Opposition to the proposed Zoning By-law amendment
Higher density structures on subject lands leading to higher
congestion
Increase in traffic congestion in the existing neighbourhood
Proposed additional road connecting to Kane Crescent from east
side of the development
Location of proposed detached homes and townhouse units and
the visual impact on existing neighbourhood; difficult transition
from existing neighbourhood to proposed development
Focus on long-term perspective of living in suburban
neighbourhood and retaining the business park designation
instead of proposed designation
Location of sidewalks and possible reduction of walkability in the
area
Size of proposed parkettes and lack of access to the existing
residents of the area
Questions regarding:
Wider lot size for the single detached residential units
Possibility of alternate route to reroute traffic from the east side of
the proposed development
Possibility of designating proposed road along east side of the
development as an "emergency access road" only
Creation of a functional recreation space as an alternate to the
proposed parkettes
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4
Applicant
Mr. Givens addressed the concerns and questions regarding wider lot
sizes, basis of the proposed zoning by-law amendments, proposed
location of townhouse units and detached homes, traffic congestion,
walkability, parkette size and possible alternatives, and the proposed
additional road and possible alternative to rerouting traffic from the east
side of the development.
Moved by Councillor Gilliland
Seconded by Councillor Kim
1. That Report No. PDS20-057 be received; and,
2. That the comments presented at the Public Meeting be addressed by
Planning and Development Services in a report to a future General
Committee meeting.
Amendment:
Moved by Councillor Thompson
Seconded by Councillor Gilliland
The main motion be amended by adding the following to the beginning
of the second clause:
“That should the Region of York approve the conversion of lands
from employment to residential"
Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, and Councillor Gilliland
Absent (1): Councillor Gallo
Carried (6 to 0)
Motion as Amended:
Moved by Councillor Gilliland
Seconded by Councillor Kim
1. That Report No. PDS20-057 be received; and,
2. That should the Region of York approve the conversion of subject
lands from employment to residential, that the comments presented
at the Public Meeting be addressed by Planning and Development
Services in a report to a future General Committee meeting.
Page 28 of 94
5
Yeas (5): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor
Thompson, and Councillor Gilliland
Nays (1): Councillor Gaertner
Absent (1): Councillor Gallo
Carried (5 to 1)
4.2 PDS20-058 - Applications for Official Plan and Zoning By-law
Amendment, Weslie Creek Developments Inc., 1675 St. John’s
Sideroad
Whitchurch Con 3 PT LOT 25 RP 65R36+629 PARTS 1 TO 3, File
Numbers: OPA-2020-05 & ZBA-2020-05, Related File Numbers: SP-2020-
04
Applicant
Mr. Hesham Mohammed, Humphries Planning Group Inc., representing
the Applicant, presented an overview of the proposed development
including site and area context, details of developing a comprehensive
business park on the subject lands and basis of the Official Plan and
Zoning By-law amendments, overview of the environmental analysis and
consultation with Lake Simcoe Region Conservation Authority regarding
site specific grading buffers, proposed vehicular access, and policy
framework. He noted that this submission and any future submissions
intends to maintain conveyance of the Environmental Protection Area as
required by the Town.
Planning Staff
Mr. Carlson Tsang, Planner, provided an overview of the staff report and
the proposed Official Plan and Zoning By-law amendments noting that the
applicant is proposing to amend the Official Plan designation of “Business
Park 1” and “Environmental Protection Area" to include new site-specific
policy at the north west corner of the property to allow a gas station, and
amend the Zoning By-law from "RU - Rural Zone" to "E-BP Business Park
Zone" and "EP-Environmental Protection Zone" with site specific
exceptions to facilitate the development of an industrial warehouse
building, retail building, and office building in addition to the gas station.
He further presented the details of the proposed building elevations,
summary of any public comments, and the next steps.
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6
Public Comments
No members of public were registered to provide comments.
Moved by Councillor Kim
Seconded by Councillor Thompson
1. That Report No. PDS20-058 be received; and,
2. That comments presented at the Public Meeting be addressed by
Planning and Development Services in a report to a future General
Committee meeting.
Yeas (4): Mayor Mrakas, Councillor Kim, Councillor Humfryes, and
Councillor Thompson
Nays (2): Councillor Gaertner, and Councillor Gilliland
Absent (1): Councillor Gallo
Carried (4 to 2)
5. Confirming By-law
5.1 6286-20 Being a By-law to Confirm Actions by Council Resulting
from a Council Public Planning Meeting on October 13, 2020
Moved by Councillor Kim
Seconded by Councillor Thompson
That the confirming by-law be enacted.
Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor
Humfryes, Councillor Thompson, and Councillor Gilliland
Absent (1): Councillor Gallo
Carried (6 to 0)
6. Adjournment
Moved by Councillor Thompson
Seconded by Councillor Kim
That the meeting be adjourned at 9:54 p.m.
Carried
Page 30 of 94
7
Tom Mrakas, Mayor Michael de Rond, Town Clerk
Page 31 of 94
100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca
Town of Aurora Memorandum
Councillor’s Office
Re: Lake Simcoe Region Conservation Authority
Board Meeting Highlights of July 24, 2020
To: Mayor and Members of Council
From: Councillor Wendy Gaertner
Date: October 27, 2020
Recommendation 1. That Council receive the correspondence for information.
Page 32 of 94
Lake Simcoe Region Conservation Authority,
120 Bayview Parkway, Newmarket, ON, L3Y 4X1
E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca
DEPUTATIONS
Pefferlaw Dam
The Board received a deputation by Ms. Karen Wolfe, a resident of Pefferlaw, who shared concerns regarding Staff
Report No. 36-20-BOD regarding the Pefferlaw Dam, along with the associated engineer’s report. The Board approved
an amended resolution in Staff Report No. 36-20-BOD, whereby recommendations 1 through 6 were approved, and
recommendation 7 was deferred until after public consultation has occurred and all options have been considered.
PRESENTATIONS:
a) LSRCA Education Program 2020 Accomplishments
Manager, Education, Nicole Hamley, provided an overview of LSRCA’s Education Program 2020 accomplishments, noting
that challenges began early in 2020 with the escalation of teacher job action, which saw the cancellation of nearly all
Scanlon Creek field trips and planned teacher workshops. COVID-19 then resulted in the cancellation of all planned
education programs and services, and within two weeks and tremendous support from Corporate Communications,
programming was moved entirely online. Online learning webpages were launched that served three varied audiences,
which brought over 3,300 external viewers in the second quarter. Resource packages were put together and a series of
videos were created.
An LSRCA Facebook page dedicated to Outdoor Learning has allowed for two-way engagement and sharing of resources
as members are able to ask questions. Some great feedback has been received and teachers have been pleased to be
able to share our posts in their own online platforms. By the end of June, this Facebook group had 1,000 followers, with
a total worldwide reach now at just under 18,000.
This online learning experience has served many purposes – it has assured our watershed residents and community
partners that we are still here to support nature connection; it has broaden our reach to new audiences, strengthened
our reputation as leaders in outdoor education, developed our skill sets and expertise as we adapt and innovate,
provided opportunities for collaboration both internally and externally, and set us up for success for Q3/Q4 and beyond.
Next steps include Summer Programming, a new online course “Introduction to Outdoor Learning”, and a new Do it
Yourself Hike Series at Scanlon Creek. Plans for the 2020/21 school year include a one-year contract extension with
Simcoe County District School Board, a new hybrid model of Grade 7 program delivery with York Region District School
Board with a focus on climate change, and a modified Forest School.
To view this document, please click this link: LSRCA Education Program 2020 Accomplishments
Board Meeting Highlights
July 24, 2020
Page 33 of 94
LSRCA Board of Directors
Meeting Highlights – July 24, 2020
Page 2 of 4
Lake Simcoe Region Conservation Authority,
120 Bayview Parkway, Newmarket, ON, L3Y 4X1
E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca
b)LSRCA 2nd Quarter 2020 Financial Report and Forecast
General Manager, Corporate and Financial Services, Mark Critch, provided the Board with LSRCA’s 2nd Quarter 2020
Financial Report and Forecast, noting that LSRCA business operations have been significantly impacted by COVID-19;
however, management took immediate and measured action to address the changes and minimize the financial impact.
While there is a projected deficit being forecast for 2020, additional municipal funding is not anticipated. Uncertainty,
however, does remain for Q3 & Q4, but there are also funding opportunities. Overall, the financial condition of LSRCA
remains strong, and staff continue to keep a close eye on reserves and deferred revenue.
GM Critch shared some highlights for Q2, including that 2020 revenue has been delayed, deferred or lost in various
programs, due to COVID 19 restrictions, some project work has been deferred into Q3 and Q4. The Scanlon Operation
Centre redevelopment is substantially complete, and some operational savings have been identified due to staff working
from work. An operational deficit of $50,00 is expected for the end of Q2.
Looking forward at opportunities and risks, GM Critch noted that details on the impacts of Bill 108 are not all available at
this time, and some fine tuning will be done once this information is available. New opportunities are available through
Federal and Provincial infrastructure and stimulus programs. There continues to be uncertainty of timing with regards
to full return to the offices and the related building/supplies cost. In summary, GM Critch noted that operations have
been significantly impacted by COVID-19, but we are still doing all the work, have minimized the financial impact and
made significant changes to process. It is anticipated there will be a deficit at year-end, but we continue to seek ways to
eliminate or minimize it. Our financial condition remains strong, and staff continue to look for ways to minimize
expenditures.
To view this presentation, please click this link: 2nd Quarter 2020 Financial Report and Forecast
c)Climate Change Mitigation Strategy for the Lake Simcoe Watershed
General Manager, Integrated Watershed Management, Ben Longstaff, provided the Board with a presentation on the
Climate Change Mitigation Strategy for the Lake Simcoe Watershed, which is ready to be released. He provided a brief
overview of the strategies and most importantly some of the goals and recommendations that provide direction to
LSRCA to help mitigate the effects of climate change at a local level. This strategy is the third is a series to be completed,
the first being the carbon reduction strategy that completed in 2019, followed by the adaptation strategy earlier in 2020,
with the aim of this last strategic document to identify what role LSRCA can play at a watershed level to reduce
Greenhouse Gas Emissions, while also respecting our mandate.
GM Longstaff explained how staff first quantified the situation by estimating emissions and carbon sequestration to
develop an overall carbon budget that brings both the emissions and sequestration estimates together for the baseline
year. He reviewed the five goals: i) to provide leadership in the field of climate change and carbon sequestration by
continuing to support our municipal partners; ii) to effectively communicate the necessary information in order to
educate and empower people within the Lake Simcoe watershed to take action to combat climate change within their
communities; iii) to provide the tools and resources that will allow our LSRCA and our municipal partners to apply best
practices to carbon reduction or sequestration efforts; iv) to use the tools and resources to expand and build upon our
collective knowledge and understanding of climate change mitigation and carbon sequestration; and v) to support
municipalities in incorporating carbon sequestration into community design and energy plans.
Page 34 of 94
LSRCA Board of Directors
Meeting Highlights – July 24, 2020
Page 3 of 4
Lake Simcoe Region Conservation Authority,
120 Bayview Parkway, Newmarket, ON, L3Y 4X1
E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca
GM Longstaff reviewed the next steps, including releasing and promoting the strategy, preparing and an implementation
plan, implementing the recommendations (which is underway), and tracking and reporting progress.
To view this presentation, please click this link: Climate Change Mitigation Strategy for the Lake Simcoe Watershed
d)LSRCA 2021 Budget Assumptions
General Manager, Corporate and Financial Services, Mark Critch, provided the Board with a presentation regarding
LSRCA’s 2021 Budget Assumptions, noting the purpose of the Budget Assumptions is to set clear organizational direction
for budget targets, to enable staff to work with municipal funding partners to secure preliminary budget approval, to
allow staff to build the 2021 budget, to provide the Board of Directors the opportunity to influence the general direction
of the budget, and to strengthen the advocacy role of LSRCA Board members at municipal budget presentations.
GM Critch reviewed the standard budget assumptions and governing principles a provided the following summary of
budget recommendations:
Inflation - Up to 2.00% (2020 Budget: 2.00%)
COLA for staff - Up to 1.00% (2020 Budget: 1.75%)
Infrastructure levy for Asset Management - 0.00% increase
No additional FTE’s in 2021, unless they are fully funded from grants and/or fees
General and Special Operating Levy - Up to 1.00% (2020: 2.83%)
Special Capital Levy - Up to 1.00% (2020 Budget: 2.34%)
Investment in Strategic Priorities - 0.00% (2020: 0.00%)
He then reviewed the next steps for the 2021 Budget, which included using Board approved budget assumptions to
develop 2021 Budget; sharing preliminary budgets with municipalities, ensuring coordination with municipal budget
cycles; hosting on-line financial update for municipal funding partners in September; continuing to look for efficiencies
and cost savings to support the 2021 Budget; using predictive information from 2020 Forecast to develop 2021 Budget;
and presenting the 2021 Budget to funding partners in the fall and winter.
To view this presentation, please click this link: 2021 Budget Assumptions
CORRESPONDENCE AND STAFF REPORTS:
Correspondence
The Board received the following pieces of Correspondence:
a)October 30, 2019 letter from John Brassard, MP Barrie-Innisfil to Prime Minister Justin Trudeau requesting the re-
establishment of the Lake Simcoe Clean-up Fund.
b)November 21, 2019 letter from Scott Davidson, MP York-Simcoe to Minister of Environment and Climate Change
Canada Johnathan Wilkinson requesting the re-establishment of the Lake Simcoe Clean-up Fund.
c)April 27, 2020 letter from Scot Davidson, MP York-Simcoe to Minister of Environment and Climate Change Canada
Johnathan Wilkinson regarding the Pefferlaw Dam.
Page 35 of 94
LSRCA Board of Directors
Meeting Highlights – July 24, 2020
Page 4 of 4
Lake Simcoe Region Conservation Authority,
120 Bayview Parkway, Newmarket, ON, L3Y 4X1
E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca
d)Conservation Ontario letters (2) to the Honourable Doug Ford and the Honourable John Yakabuski, both dated June
26, 2020, regarding Conservation Ontario’s Client Service Streamlining Initiative, along with the referenced
attachment - Conservation Ontario’s bulletin regarding conservation authorities setting challenging targets and
streamlining processes to improve client service and increase the speed of approvals.
LSRCA 2nd Quarter 2020 Financial Report and Forecast
The Board received Staff Report No. 33-20-BOD, prepared by Manager, Finance, Katherine Toffan, regarding LSRCA’s
Second Quarter Financial Report and Year-End Forecast for the period ending June 30, 2020. The Board approved the
recommendations for staff to use deferred revenues from prior years to fund 2020 AOP items where needed and to
use the Rate Stabilization reserve to fund COVID-19 related expenditures from March through December 31, 2020.
Climate Change Mitigation Strategy for the Lake Simcoe Watershed
The Board received Staff Report No. 34-20-BOD, prepared by Manager, Integrated Watershed Management, Bill
Thompson, regarding the Climate Change Mitigation Strategy for the Lake Simcoe Watershed, and the Board
approved the Climate Change Mitigation Strategy.
LSRCA 2021 Budget Assumptions
The Board received Staff Report No. 35-20-BOD, prepared by Manager, Budget and Business Analysis, regarding the
Budget Assumptions for the 2021 fiscal year.
LSRCA’s Monitoring Report – Planning and Development Applications for the Period January 1 through June 30, 2020
The Board received Staff Report No. 37-20-BOD, prepared by Director, Planning, Melinda Bessey and Director,
Regulations, Ashlea Brown, regarding monitoring of planning and development applications for the period January 1
through June 30, 2020.
For more information or to see the full agenda package, please click the link below for LSRCA’s Board of Directors’
webpage: https://www.lsrca.on.ca/Pages/Board-Meetings.aspx
Page 36 of 94
1
Town of Aurora
General Committee
Meeting Report
Date:
Time:
Location:
Tuesday, October 6, 2020
7:00 pm
Video Conference
Council Members: Mayor Mrakas
Councillor Gaertner
Councillor Gallo
Councillor Gilliland
Councillor Humfryes
Councillor Kim
Councillor Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations
Techa van Leeuwen, Director of Corporate Services
Robin McDougall, Director of Community Services
Rachel Wainwright-van Kessel, Director of Finance
David Waters, Director of Planning and Development Services
Eliza Bennett, Acting Manager, Corporate Communications
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Linda Bottos, Council/Committee Coordinator
_____________________________________________________________________
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
Mayor Mrakas in the Chair.
The Mayor called the meeting to order at 7:01 p.m.
Page 37 of 94
2
2. Approval of the Agenda
General Committee approved the agenda as circulated by Legislative Services.
3. 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.
4. Community Presentations
General Committee consented to permit an additional five minutes for
Community Presentation 4.1.
4.1 Mike Walters, CAO, Lake Simcoe Region Conservation Authority
(LSRCA); Re: LSRCA 2020 Budget Companion
Mr. Walters presented an overview of the LSRCA 2020 Budget
Companion and annual operating priorities, including the service areas
and programs provided within the region and lower-tier municipalities.
General Committee received the presentation for information.
5. Delegations
None.
6. Consent Agenda
None.
7. Advisory Committee Meeting Minutes
General Committee recommends:
That the Advisory Committee Meeting Minutes items, 7.1 to 7.4 inclusive, be
received with the exception of items 7.2 and 7.3, which were discussed and
voted on separately as recorded below:
7.1 Accessibility Advisory Committee Meeting Minutes of September 9,
2020
1. That the Accessibility Advisory Committee meeting minutes of
September 9, 2020, be received for information.
Carried
Page 38 of 94
3
7.2 Heritage Advisory Committee meeting minutes of September 14,
2020
General Committee recommends:
1. That the Heritage Advisory Committee meeting minutes of September
14, 2020, be received for information.
Carried
7.3 Finance Advisory Committee Meeting Minutes of September 15, 2020
General Committee recommends:
1. That the Finance Advisory Committee meeting minutes of September
15, 2020, be received for information.
Carried
7.4 Community Advisory Committee Meeting Minutes of September 17,
2020
1. That the Community Advisory Committee meeting minutes of
September 17, 2020, be received for information.
Carried
8. Consideration of Items Requiring Discussion (Regular Agenda)
8.1 FIN20-015 - 2019 Year-end Budget Report - as at December 31, 2019
General Committee recommends:
1. That Report No. FIN20-015 be received for information.
Carried
8.2 PDS20-044 - Town of Aurora Proposed Anti-Idling Policy
Main motion as amended
General Committee recommends:
1. That Report No. PDS20-044 be received; and
2. That Council approve the Town of Aurora Anti-Idling policy attached to
this report; and
3. That staff be directed to report back after one year with a policy
review.
Carried
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4
8.3 PDS20-050 - Implementation of Automated Speed Enforcement
Program
General Committee recommends:
1. That Report No. PDS20-050 be received; and
2. That staff report back on the findings of the Region’s Automated
Speed Enforcement Program following completion of the two-year,
limited use pilot program.
Carried
8.4 PDS20-055 - Pedestrian Grade Separated Crossings and Future
Priority Crossings within Barrie GO Rail Corridor
General Committee consented to vote on the first and second clauses of
the main motion as amended separately.
Main motion as amended
General Committee recommends:
1. That Report No. PDS20-055 be received.
Carried
General Committee recommends:
2. That Council identify as a priority the Cousins Drive pedestrian rail
crossing identified in Attachment 2 and staff report back on the
feasibility of funding the crossing as part of the 2022 Budget 10-year
capital planning process.
Carried
9. Notices of Motion
None.
10. New Business
Councillor Gaertner expressed concerns regarding the maintenance of the
Stewart Burnett Park and Lambert Willson Park (LC4) ball diamonds, and staff
provided a response.
11. Public Service Announcements
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5
Councillor Gaertner announced that Southlake Regional Health Centre would be
holding a Virtual Community Town Hall on Wednesday, October 7, 2020, to
discuss the future of the hospital.
Councillor Kim announced and congratulated the newly-appointed members of
the Anti-Black Racism and Anti-Racism Task Force: Phiona Durrant, Noor El-
Dassouki, Keenan Hull, Mae Khamissa, Mark Lewis, and Tricia Wright.
Councillor Humfryes announced that October is Small Business Month and
encouraged everyone to support local small businesses.
Councillor Humfryes announced that the Aurora Prayer Breakfast would be held
virtually at www.prayforthem.ca on Thursday, October 22, 2020, and the
keynote speaker is author and public speaker Maranatha Weeks. Councillor
Gilliland noted that this free event would begin at 8 a.m.
Councillor Humfryes extended a reminder that the Aurora Farmers' Market and
Artisan Fair continues to run each Saturday from 8 a.m. to 1 p.m. in Town Park
until October 31, 2020.
Councillor Gallo extended congratulations to St. Andrew's College on its plans to
open a new private girls' school, as well as congratulations to the first Head of St.
Anne's School, Sabrina D'Angelo. Mayor Mrakas noted that St. Andrew's College
held a press conference today regarding these plans.
Councillor Gilliland extended a reminder about the Colours of Fall concert being
held on Thursday, October 8, 2020, from 6 p.m. to 7:30 p.m. at Town Park,
noting that residents must pre-register for this concert.
Councillor Gilliland announced that Aurora's Haunted Greenhouse will be held
from October 24 to October 30, 2020, noting that 'Halloween in a Bag' games
and activities would also be available.
Councillor Gaertner extended appreciation to the staff of the Special Events team
for their efforts.
Councillor Gaertner extended best wishes to Frank Condlln, husband of the late
Jan Freedman (the "Jam Lady"), on his relocation to Stratford to be with family.
Mayor Mrakas announced that a ground-breaking ceremony for Library Square
would be held on Thursday, October 8, 2020.
Mayor Mrakas advised that a ribbon-cutting ceremony would soon be held for the
opening of a new hotel in Aurora.
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6
Mayor Mrakas further stressed the importance of supporting local businesses
and remaining vigilant against the spread of COVID-19 through physical
distancing, wearing masks, and hand washing.
12. Closed Session
None.
13. Adjournment
The meeting was adjourned at 9:16 p.m.
Page 42 of 94
1
Town of Aurora
General Committee
Meeting Report
Date:
Time:
Location:
Tuesday, October 20, 2020
7:00 p.m.
Video Conference
Council Members: Mayor Mrakas
Councillor Gaertner
Councillor Gallo
Councillor Gilliland
Councillor Humfryes
Councillor Kim
Councillor Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations
Techa van Leeuwen, Director of Corporate Services
Robin McDougall, Director of Community Services
Rachel Wainwright-van Kessel, Director of Finance
David Waters, Director of Planning and Development Services
Eliza Bennett, Acting Manager, Corporate Communications
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
Samantha Yew, Deputy Town Clerk
Linda Bottos, Council/Committee Coordinator
_____________________________________________________________________
1. Procedural Notes
This meeting was held electronically as per Section 19. i) of the Town's
Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation.
Mayor Mrakas in the Chair.
The Mayor called the meeting to order at 7 p.m.
Page 43 of 94
2
The Mayor announced that Council meetings will be held electronically and not in
person while the COVID-19 modified stage 2 restrictions are in place, which were
enacted by the province on October 19, 2020.
General Committee consented to recess the meeting at 9:02 p.m. and
reconvened the meeting at 9:13 p.m.
2. Approval of the Agenda
General Committee approved the revised agenda as circulated by Legislative
Services, including the following added item:
Delegation 5.2 - Rebecca Beaton, Resident; Re: Road reconstruction on
Holman, Johnson and Browning
3. 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.
4. Community Presentations
None.
5. Delegations
5.1 Nick Racanelli, Danielle and Jacob Stewart; Re: Item 8.5 - PDS20-062
- Heritage Permit Application for 31 Catherine Avenue
Mr. Racanelli and Mr. Stewart presented an overview of the application,
property and proposed construction of a new addition to the existing
building.
General Committee received and referred the comments of the delegation
to Item 8.5.
5.2 Rebecca Beaton, Resident; Re: Road reconstruction on Holman,
Johnson and Browning
Ms. Beaton expressed concerns regarding the impact of the road
reconstruction on Holman Crescent, Johnson Road, Browning Court, and
Baldwin Road, and inquired about several issues including: the possible
waiving of street parking tickets issued on Glass Drive and Child Drive
Page 44 of 94
3
respecting the reconstruction; availability of temporary overnight parking
permits at Confederation Park; road grade changes in relation to resident
driveways and remediation; projected reconstruction end date; Legal
Services response to resident queries and claims; accountability for any
property damage; liability for any tree damage; and Town contact
information.
General Committee received the comments of the delegation for
information.
6. Consent Agenda
None.
7. Advisory Committee Meeting Minutes
None.
8. Consideration of Items Requiring Discussion (Regular Agenda)
General Committee consented to consider items in the following order: 8.5, 8.1,
8.2, 8.3, 8.4.
8.1 FIN20-024 - 2021 and 2022 Fees and Charges
General Committee recommends:
1. That Report No. FIN20-024 be received; and
2. That a by-law be enacted to set the 2021 and 2022 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.
Carried
8.2 FIN20-026 - 2020 Interim Forecast Update Report - as of August 31,
2020
General Committee recommends:
1. That Report No. FIN20-026 be received for information.
Carried
Page 45 of 94
4
8.3 OPS20-016 - Tree Removal Permit Applications for 126 Temperance
Street and 53 Metcalfe Street
General Committee recommends:
1. That Report No. OPS20-016 be received; and
2. That the Tree Removal Permit Application for 126 Temperance Street
be approved; and
3. That the Tree Removal Permit Application for 53 Metcalfe Street be
approved.
Carried
8.4 PDS20-060 - Heritage Designation for 28 Wellington Street West
("Alfred Love House")
General Committee recommends:
1. That Report No. PDS20-60 be received; and
2. That the property at 28 Wellington Street, where the building known as
“Alfred Love House” is located, be designated under Part IV of the
Ontario Heritage Act as a property of Cultural Heritage Value or
Interest; and
3. That the Town Clerk be authorized to publish and serve Council’s
Notice of Intention to Designate in accordance with the requirements of
the Ontario Heritage Act; and
4. That the designation by-law be brought before Council for adoption if
no objections are received within the thirty (30) day period as per the
Ontario Heritage Act.
Carried
8.5 PDS20-062 - Heritage Permit Application for 31 Catherine Avenue
General Committee recommends:
1. That Report No. PDS20-062 be received; and
2. That Heritage Permit Application HPA-2020-10 to permit the demolition
of an existing detached garage and construction of a new addition at
31 Catherine Avenue be approved, subject to the elimination of the
one-storey extension at the rear of the proposed addition.
Carried
Page 46 of 94
5
9. Notices of Motion
9.1 Councillor Kim; Re: Great Canadian Achievements Mural
Whereas the Great Canadian Achievements mural was unveiled in
November 23, 2001, and it highlights 30 great moments in Canadian
history; and
Whereas the mural includes Armand Bombardier - inventor of the
snowmobile; Rick Hansen - 40,000 Km Wheel in Motion Tour; The
Canadarm - first robotic space tool; the Prairies and Niagara Falls
representing our topography; and the Donut - the highest consumed food
per capita in the world; and
Whereas there are many moments and Canadian persons deserving to be
on the mural; and
Whereas there is a lack of diversity on the mural despite the fact that there
were/are many Canadians of racialized background who made significant
contributions to the building of Canada;
1. Now Therefore Be It Hereby Resolved That staff investigate locations
in Aurora for a second wall to celebrate the diversity in “Great
Canadian Achievements” and report back to Council.
10. New Business
Council members inquired about the concerns and questions raised in the
delegation of Rebecca Beaton regarding the road reconstruction on Holman
Crescent, Johnson Road, Browning Court, and Baldwin Road. Staff provided
responses and agreed to follow up on the issues.
Councillor Kim inquired about the Town's new three-bag waste limit and
education campaign, and staff provided a response.
11. Public Service Announcements
Councillor Gilliland extended a reminder about the Town's Halloween in a Bag
activities available for purchase until October 21, 2020, at $20 per bag, and the
Haunted Greenhouse running from October 24 to October 30, 2020, which
requires pre-registration.
Councillor Gilliland noted that Culture in a Box activities are available free to
residents during the month-long celebration of Culture Days from September 25
to October 25, 2020.
Page 47 of 94
6
Councillor Gilliland extended a reminder about Aurora's online Skylight Gallery
art exhibit during the month of October featuring the artwork of Ramona Ricken,
available at aurora.ca/skylightgallery.
Councillor Humfryes extended a reminder about the Aurora Farmers' Market and
Artisan Fair held each Saturday from 8 a.m. to 1 p.m. until October 31, 2020.
Councillor Gallo encouraged everyone to continue supporting local restaurants
during the current COVID-19 modified stage 2 period.
Councillor Gaertner announced that an exhibit organized by the Aurora Cultural
Centre is available at Town Hall and online at auroraculturalcentre.ca/flight2.
Councillor Gaertner encouraged support of the Town's Halloween activities, as
well as the York Region Zombie Hunt in support of St. John Ambulance until
October 31, 2020, at a cost of $25 per family.
Mayor Mrakas extended a reminder about the 12th Annual Aurora Prayer
Breakfast being held virtually, free of charge, at 8 a.m. on October 22, 2020, at
www.prayforthem.ca.
Mayor Mrakas extended best wishes to Don Walker, CEO of Magna
International, on his retirement at the end of this year, and expressed
appreciation for his community support over the years.
Mayor Mrakas further encouraged continued support of local businesses during
these times.
12. Closed Session
None.
13. Adjournment
The meeting was adjourned at 9:58 p.m.
Page 48 of 94
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Council Report
No. FIN20-027
______________________________________________________________________
Subject: 2021 Budget Introduction
Prepared by: Jason Gaertner, Manager, Financial Management
Department: Finance
Date: October 27, 2020
______________________________________________________________________
Recommendation
1. That Report No. FIN20-027 be received; and
2. That the proposed 2021 to 2022 budget be referred to Budget Committee for
review at its scheduled meetings starting on November 9, 2020.
Executive Summary
As part of the 2020 budget process, Council approved the Town’s first three-year multi-
year operating budget. The proposed budget includes both the 2021 to 2022 operating
and capital budgets, in addition to the Town’s 2021 10-Year Capital Plan. As per
provincial legislation, Council must reaffirm all future year operating budgets which
include both the Town’s tax levy and water, wastewater and storm water funded
budgets.
The operating budget proposes tax increases of 2.9 percent for both 2021 and
2022
The user rate funded operating budget proposes combined water and
wastewater increases which are lower than those approved in the 2020 to 2022
Budget
The operating budget focuses on the changes to the approved multi-year budget
for tax and rate funded operations
The capital budget includes a number of improvements to its framework
Total capital budget authority of $189.7M is being requested in 2021 with $85.7M
in planned spending for 2021
The 10-year capital plan includes $296.4M of capital investments
Page 49 of 94
October 27, 2020 2 of 13 Report No. FIN20-027
The Town’s most recently closed capital projects are presented for Council’s
information
The capital plan improves reserve management
Budget Committee will review the budget and be provided with presentations to
support the process
Background
On June 18, 2019, Council adopted the Town’s updated budget principals and
processes. One key change to these documents included the adoption of a multi-year
budget framework for the Town of Aurora. The Town’s multi-year budgeting framework
aligns with each Council’s term. Council approves the first year’s budget of its term and
receives an accompanying forecast of the next three budgets. In the second year of its
term, Council will approve a three-year operating budget, including all related tax
impacts. Year’s three and four of this budget will be re-affirmed by Council prior to their
commencement. A similar process is followed for its rate funded operations.
On December 10, 2019 Council approved its first three-year multi-year operating budget
for 2020, 2021 and 2022. It has now reached the third year of its budget lifecycle being
the reaffirmation of the previously approved 2021 and 2022 operating budgets as shown
in Table 1.
Table 1
Multi-year Key Milestones
On April 28, 2020 Council approved a series of changes to the Town’s budget process
and format to be phased in over next two year’s budget processes.
One Approve 2019
Receive 2020 to 2021
Two Approve 2020 to 2022 Complete
Three Re-affirm 2021 to 2022 In Progress
Four Re-affirm 2022
Complete
Year Action Status
Page 50 of 94
October 27, 2020 3 of 13 Report No. FIN20-027
Analysis
The operating budget proposes tax increases of 2.9 percent for both 2021 and
2022
This budget proposes tax increases of 2.9% in 2021 and 2022. This annual increase
meets the direction set by Council to not exceed 3.0% per year including 1% for the
Town’s fiscal strategies of contributing to asset management reserves and reducing its
reliance upon non-sustainable revenues such as supplementary taxes (in-year tax
growth). Also the budget proposed for 2021 is 0.5% less than the 3.4% increase
originally approved for 2021 in the 2020 to 2022 Budget and still includes the required
0.5% in 2021 to fund the repayment costs for the debt to be issued for the library square
capital investment.
Total gross operating expenditures of $102.6M and $107.6M are proposed for 2021 and
2022, respectively. These planned expenditures are partially offset by non-tax revenues
such as water, wastewater & storm rate revenue, investment income, user fees, grants,
and fines & penalties. All rate funded service requirements are fully offset through rate
revenues. The remaining requirement is raised through property taxes. Table 2 presents
a summary of the Town’s proposed net tax levy funded requirements for 2021 and 2022
versus previous years.
Table 2
Operating Budget Summary
2020 2020
2018 2019 Net Fcst*Budget 2021 2022
Departmental:
Expenditures 94,118.9 98,107.4 79,879.6 85,432.9 86,721.5 91,366.1
Non-Tax Revenues (64,283.2)(65,876.7)(45,528.4)(50,951.8)(49,971.0)(52,202.7)
Net Departmental 29,835.7 32,230.8 34,351.1 34,481.1 36,750.5 39,163.4
Central York Fire Services 10,496.4 11,188.1 11,755.3 11,755.3 11,961.6 12,257.5
Library 3,843.1 3,843.1 3,868.1 3,868.1 3,896.1 3,934.1
Total Proposed Budget 44,175.2 47,262.0 49,974.5 50,104.5 52,608.2 55,355.0
Assessment Growth 1,000.8 1,165.1
Proposed Tax Increase 1,502.9 1,581.7
*Net forecast as of August 31, 2020
Proposed Budget$000's Net Actual Results
Page 51 of 94
October 27, 2020 4 of 13 Report No. FIN20-027
The user rate funded operating budget proposes combined water and wastewater
increases which are lower than those approved in the 2020 to 2022 Budget
Water, wastewater and stormwater operations are fully funded from user fees. The two
key factors in the determination of these fees are the costs to deliver theses services
and the volumes to be billed.
Two of the most significant cost drivers for this budget are the Town’s wholesale water
and wastewater management fees, both of which are paid to York Region. The Region
will confirm the rates they plan to charge for 2021 in the fall of 2020. This budget
assumes that the increases for 2021 and 2022 will be in line with their original planned
rate increase of 2.9% for 2021. This results in the metered rates proposed for 2021 and
2022 becoming less than what was included in the 2020 to 2022 Budget.
Also of note, in 2020 it was discovered that the calculation of the Town’s stormwater
rates assumed a higher number of billings than were actually being billed resulting in an
understated rate. This budget proposes phasing in the adjustment to the rates to reflect
the correct number of billings equally over the next two years, 2021 and 2022. This
adjustment results in an increase of $1.17 per month, or $3.51 per quarterly bill for a
residential customer in 2021. Table 3 presents a summary of each proposed rate versus
its outlook which was approved in 2020.
Table 3
Water, Wastewater, Stormwater Rate Summary
2020
Current Outlook Proposed Change Outlook Proposed Change
Water and Wastwater ($/m3):
Water Rate 2.18$ 2.45$ 2.34$ (4.5%)2.48$ 2.34$ (5.6%)
Wastewater Rate 2.77$ 3.11$ 2.89$ (7.1%)3.15$ 2.90$ (7.9%)
Combined Rate 4.95$ 5.56$ 5.23$ (5.9%)5.63$ 5.24$ (6.9%)
Stormwater Rate ($/month):
Residential 7.09$ 8.01$ 9.18$ 14.6%9.32$ 11.69$ 25.4%
Non-Residential 90.07$ 101.73$ 116.64$ 14.7%118.31$ 148.51$ 25.5%
2021 2022
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October 27, 2020 5 of 13 Report No. FIN20-027
The operating budget focuses on the changes to the approved multi-year budget
for tax and rate funded operations
As the previously approved 2021 and 2022 budgets are being reaffirmed, this budget’s
focus is on any proposed changes to these original approved outlook budgets. The
proposed budget changes include any items that were not foreseen when the 2020 to
2022 Budget was approved. These changes are presented in detail within the 2021
budget binder that has recently been distributed to Council members. A few of the key
broader and corporate-wide change drivers in the budget are:
COVID-19 has a significant impact continuing into 2021
A refinement of compensation adjustments and benefits
Savings in water and wastewater wholesale costs from York Region
Fire Services savings arising from a slow down in the phase-in of Fire Hall 6-6
The assessment growth revenue is less than forecasted in the previous budget
These changes are discussed further in Tab 3 – Operating Budget in the 2021 to 2022
Budget binder.
The capital budget includes a number of improvements to its framework
The capital budget includes significant improvements to the format and content of the
plan. These changes are intended to provide a clearer picture of the capital plan as a
whole, the timing of capital investments, clarity on multi-year budget commitments and
flexibility to manage repair and replacement projects more effectively.
These changes represent the first steps in developing fiscal policies to manage assets
and capital investments in the long term. They focus on managing the capital plan and
reserve management which are two of the key elements for achieving financial
sustainability.
In the past the capital budget would focus solely on budget authority requests for new
capital projects. This year the capital budget includes:
1. New capital projects which have traditionally been included in the capital plan.
2. Active capital projects showing the budget authority approved to date and any
changes requested to this authority whether it be an increase or decrease.
3. Conditionally approved capital projects are reinserted into the plan and
brought forward for reconsideration. These projects are clearly indicated in the
project listings that can be found in Tabs 17, 18 and 19 of the budget binder.
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October 27, 2020 6 of 13 Report No. FIN20-027
4. A list of the Town’s recently closed capital projects are included as a separate
section (Tab 20) within the budget binder for the Budget Committee’s
information. Consequently, these closed projects no longer need to be included
in the capital plan.
These four categories reflect all types of capital projects that the Town manages. This
year’s budget now provides a complete list of all capital projects including a detailed
capital sheet for all capital projects which are seeking an increase to their previously
approved budget authority, including any brand new budget authority requests. The
format of these sheets has also been improved. The new format is less restrictive and
enables more information to be included in the capital sheet.
Total capital budget authority of $189.7M is being requested in 2021 with $85.7M
in planned spending for 2021
Capital budget authority is a new concept for the capital budget which represents the
approved capital budget commitment for a project. It is made up of four components:
- Actuals spent to the end of the last fiscal year for the life of the project
- The current year’s capital forecast
- The cash flow planned in the first budget year
- The cash flow, only as needed, for future budget years where contractual
commitments are needed.
This means 2021 capital budget authority includes actuals to December 31, 2019 plus
the 2020 forecast plus 2021 capital cash flow and capital from 2022 and beyond only as
required. This budget proposes a total of $189.7 million in capital budget authority which
is made up of $163.5 million in previously approved capital projects and $26.2 million in
net new budget authority requests. A summary of the proposed 2021 capital budget
authority categorized by its traditional funding buckets of Rehabilitation & Replacement
(R&R), Growth & New (G&N) and Studies & Other (S&O) is presented in Table 4.
To establish the capital budget authority this budget assumes the approved budgets for
capital projects for active capital projects (approved through a previous budget or by an
in-year report) becomes that project’s capital budget authority. However projects that
were conditionally approved are treated as new budget requests.
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October 27, 2020 7 of 13 Report No. FIN20-027
Table 4
Capital Project 2021 Budget Authority Summary
More information on the new framework for the capital budget is included in Tab 4 –
Capital Budget of the 2021 to 2022 Budget binder. Additionally, a presentation and
report to Budget Committee is planned prior to starting the review of capital projects.
This presentation will provide an overview of the changes to the capital budget
framework.
The 10-year capital plan includes $296.4M of capital investments
The capital budget proposes a 10-year plan totalling $296.4 million. This 10-year capital
plan continues to focus its investments in asset management with repair and
replacement projects representing 46% of the capital plan, growth and new 52% which
includes the construction of Library Square and studies and other at 2%.
The presented 10-year capital plan now better reflects the timing of the planned
spending on capital projects. By planning the cash flow in the 10-year capital plan, the
Town is able to better manage its cash, timing of investments and reserve needs on an
annual basis. The previous practice of approving the full project as a lump sum without
consideration of actual planned cash outflows has made the estimation of future reserve
needs and cash availability very difficult, as well as, has limited the Town’s ability to
determine the appropriate length of time available for the Town’s long-term investments.
The repair & replacement plan has been built upon the Town’s approved asset
management plan foundation which will be subject to a significant update in 2021 as the
Town strives to maintain its compliance with the province’s municipal asset
management regulation.
Repair & Replacement 59,814.8 72,701.8 12,887.0 22,347.8 20,521.5 25,440.6 4,391.9
Growth & New 100,295.6 113,057.5 12,761.9 15,654.8 16,072.5 58,872.6 22,457.7
Studies & Other 3,336.4 3,931.4 595.0 1,054.3 1,282.7 1,344.4 250.1
Proposed Budget 163,446.7 189,690.6 26,243.9 39,056.8 37,876.7 85,657.5 27,099.6
* Includes all active project budgets, adjustments to project budgets and new budget commitments
($000s)
Previously
Approved
Budget
2021 Proposed Budget Capital Budget Authority Cash Flow
Capital
Budget
Authority*
Budget
Change 2022+Actuals
to Dec/19
2020
Forecast 2021
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October 27, 2020 8 of 13 Report No. FIN20-027
A summary of the Town’s current 10-year capital plan is presented under Table 5.
Details of this plan can be found under chapters 17 to 19 of the budget binder.
Table 5
Ten Year Capital Project Requirement Summary
The Town’s most recently closed capital projects are presented for Council’s
information
A list of the Town’s most recently closed capital projects as of December 31, 2020 is
included in the budget binder under tab 20 for Council’s information. This list details a
total of 42 projects that will be closed by the Town as of December 31, 2020. These
project closures required a total of $3.6M in fund returns and a total of $0.2M in funding
top-ups to/from original funding sources, representing a consolidated net funding
increase to reserves of $3.4M. Of this amount, $1.7M will be consolidated under the
Library Square Project as this original planned capital work will now be undertaken as
part of the overall Library Square project scope of work. The Town’s current semi-
annual report on project closures to Council will now be replaced with an update in this
regard as part of the Town’s annual budget process.
The capital plan improves reserve management
The development of the Town’s presented 10-year capital plan focused on ensuring that
the first five years of the plan are affordable. Ensuring that the capital plan is affordable
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October 27, 2020 9 of 13 Report No. FIN20-027
was not the only consideration; the plan also considered the staffing resources required
to complete the projects.
There were two approaches taken to ensure that this plan is achievable and affordable.
The first used for repair & replacement capital projects involved prioritizing the projects
based on the reserve forecast and the asset management plan, whereas the second
used for growth & new and studies & other capital projects was a more involved
process.
Projects in the growth & new and studies & other share the same reserves for their tax
levy funding. The Town’s corporate management team whose members come from
across the organization came together to evaluate the Town’s proposed projects and
prioritize the timing for the delivery of these projects while staying within the available
reserve funding and staffing resources for each year. This process worked well in
balancing the competing funding needs for these projects. The team focussed its efforts
on ensuring that the first five years of the Town’s 10-year plan were affordable as the
Town awaits further guidance to be offered through a new strategic fiscal policy which
will be brought forward to Council in 2021.
Budget Committee will review the budget and be provided with presentations to
support the process
The 2021 draft budget that has been tabled at this evening’s meeting will be referred to
the Town’s Budget Committee for its review and recommendation to Council for
approval. Four weekly Budget Committee meetings taking place on Monday evenings
starting at 6pm and one Saturday meeting have been scheduled for this review. These
meetings would run from Monday November 9th to Monday November 30th.
Over the course of these meetings, the Budget Committee will receive multiple
presentations and be able to make any necessary inquiries in support of its review of
the proposed 2021 budget. These presentations will include an overview of the changes
to the multi-year operating budget, information on the new capital budget framework
and presentations from the Fire Chief and our community partners (Aurora Cultural
Centre, Aurora Historical Society, Aurora Sport Hall of Fame and the Aurora Public
Library).
Upon conclusion of the Budget Committee’s review, the 2021 budget will be considered
for approval by Council on December 15th, 2020 as shown in Table 6 below.
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October 27, 2020 10 of 13 Report No. FIN20-027
Table 6
Proposed budget meeting schedule
Meeting Description Date
2021 Budget Public Session Tuesday June 2nd
Council – Budget Kickoff Tuesday October 27th
Budget Committee Reviews
Monday November 9th
Monday November 16th
Saturday November 21st
Monday November 23rd
Monday November 30th
Council Approval Tuesday December 15th
Advisory Committee Review
Not applicable.
Legal Considerations
Section 291 of the Municipal Act provides that a municipality may prepare and adopt
multi-year budgets. For the second and each subsequent year, Town Council will have
the opportunity to re-review the budget, make any necessary changes and re-adopt the
budget for the year to which the budget applies.
On October 22, 2019 Council approved By-law Number 6212-19 which updated and
defined the Town of Aurora’s delegation policies and procedures that were approved by
Council in 2007. This By-law also consolidated and identified specific delegations into a
single By-law. Under Schedule “C” of this new By-law, the Treasurer has delegated
authority to close any capital project deemed complete including the adjustment to
project funding to return or draw from the originating funding sources on behalf of
Council and to report to council on an annual basis.
Financial Implications
Residential tax bills contain three different property taxes. Taxes collected for provincial
education purposes represents approximately 20.3 percent of a residential tax bill, while
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October 27, 2020 11 of 13 Report No. FIN20-027
taxes for York Region are approximately 42.7 percent and the Town’s share is the
remaining 37.0 percent.
The Town’s proposed annual tax increases of 2.9 percent for 2021 and 2022 would add
approximately $8.77 and $9.02 per year to the Town’s share of the tax bill for each
$100,000 of assessment. For the average home in Aurora assessed at $800,000, the
Town’s share of the tax bill in 2020 is $2,418. This proposed to increase by 2.9% in
2021 and 2022 which results in an increase of $70 in 2021 and $72 in 2022. This is less
than the proposed increase in the 2020 budget for these years of $83 in 2021 and $73
in 2022.
The average quarterly residential water bill assumes the use of 54 cubic meters of water
during the three month period. The rates for water and waste water are charged per
cubic meter and then the stormwater charge is a monthly fee. So each residential bill
will include three months. Despite the increase to the stormwater rates in 2021 and
2022, the average quarterly residential water bill is expected to be $14.31 less in 2021
and $13.95 in 2022 than what was included in the 2020 to 2022 Budget.
The proposed 2021 capital plan is affordable should Council reaffirm the proposed
allocation of 0.9 percent of the total planned fiscal strategy 1 percent tax rate increase in
support of the Town’s capital infrastructure renewal. The affordability of the presented
10-year capital plan (2022 to 2030) will be determined as part of the Town’s work in its
development of a long-term fiscal policy in 2021.
Communications Considerations
The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There
are five different levels of community engagement to consider, with each level providing
the community more involvement in the decision making process. These levels are:
Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in
the Community Engagement Policy. These options are based on the International
Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines
for clearly communicating with our public and managing community engagement. Staff
will inform the public of the changes to the budget process by posting information to the
Town website. The calendar of budget-related meetings will also be shared on the
website and through social media.
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October 27, 2020 12 of 13 Report No. FIN20-027
Link to Strategic Plan
Developing the annual budget supports all aspects of the Strategic Plan. Specifically,
this report supports the Plan principles of Leadership in Corporate Management,
Leveraging Partnerships, and Progressive Corporate Excellence and Continuous
Improvement.
Alternative(s) to the Recommendation
1. None at this time. The Committee may make recommendations for changes to the
2021 and/or 2022 draft budgets at any time during its review process
Conclusions
Council approved tax rate increases of 3.4%, 3.4% and 2.9% for 2020, 2021 and 2022,
respectively on December 10, 2019. As part of this year’s budget reaffirmation, the
Mayor requested that staff strive to reduce the 2021 required increase by 0.5%. Staff
have responded with recommended tax levy funded operating budgets for 2021 and
2022 that require a tax increase of 2.9 percent in each of these years. The Town’s
recommended water, wastewater and storm water rates reflect all necessary changes at
this time and strive to manage any upward pressure on water rates responsibly.
The presented 2021 capital budget is affordable with Council’s approval of the proposed
operating budget support of the Town’s capital asset sustainability.
The 2021 Budget Binder containing all supporting material for this year’s budget
process will be provided to Council at the end of this evening’s meeting for its review
prior to the commencement of the scheduled Budget Committee meetings in early
November.
Attachments
None
Previous Reports
FIN20-009, 2021 Budget Process and Timeline, April 14, 2020
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October 27, 2020 13 of 13 Report No. FIN20-027
Pre-submission Review
Agenda Management Team review on October 1, 2020
Approvals
Approved by Rachel Wainwright-van Kessel, CPA, CMA, Director
Finance/Treasurer
Approved by Doug Nadorozny, Chief Administrative Officer
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100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 Aurora.ca
Town of Aurora Motion
Notice given October 20, 2020
______________________________________________________________________________
Re: Great Canadian Achievements Mural
To: Mayor and Members of Council
From: Councillor Harold Kim
Date: October 27, 2020
Whereas the Great Canadian Achievements mural was unveiled in November 23, 2001,
and it highlights 30 great moments in Canadian history; and
Whereas the mural includes Armand Bombardier - inventor of the snowmobile; Rick
Hansen - 40,000 Km Wheel in Motion Tour; The Canadarm - first robotic space tool; the
Prairies and Niagara Falls representing our topography; and the Donut - the highest
consumed food per capita in the world; and
Whereas there are many moments and Canadian persons deserving to be on the mural;
and
Whereas there is a lack of diversity on the mural despite the fact that there were/are
many Canadians of racialized background who made significant contributions to the
building of Canada;
1. Now Therefore Be It Hereby Resolved That staff investigate locations in Aurora for
a second wall to celebrate the diversity in “Great Canadian Achievements” and
report back to Council.
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100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Memorandum
Office of the Mayor
______________________________________________________________________
Subject: York Regional Council Highlights of September 24, 2020
To: Members of Council
From: Mayor Mrakas
Date: October 27, 2020
______________________________________________________________________
Recommendation
1. That Council receive the Correspondence for information.
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,
Tuesday, September 29, 2020
York Regional Council – Thursday, September 24, 2020
Live streaming of the public session of Council and Committee of the Whole meetings is available on
the day of the meeting from 9 a.m. until the close of the meeting. Past sessions are also available at York.ca/councilandcommittee
York Region’s continuing response to COVID-19 The Regional Municipality of York embraced the Ontario government’s decision on September 19, 2020
to limit the size of private social gatherings to 25 people outdoors and 10 people indoors. Based on the advice of York Region Medical Officer of Health Dr. Karim Kurji and increased local cases of COVID-19, York Regional Council remains committed to protecting the health and safety of all residents while continuing to take prudent measures to help stop the spread of this virus. During the September 10, 2020 meeting of Committee of the Whole and the September 24, 2020 meeting of Regional Council, Dr. Kurji reported despite the best efforts of residents to follow public
health advice, York Region is seeing an increase of COVID-19 cases primarily related to private gatherings. Specifically, Dr. Kurji acknowledged York Region may be at the beginning of a second COVID-19 wave. In response, York Region continues to engage in public education activities reminding residents the fight against COVID-19 is not over. Now, more than ever, all York Region residents need to remain
vigilant to keep themselves, their families, friends and communities safe. COVID-19 remains a very dangerous virus. The situation can quickly change if residents do not do their part by staying at home when sick, maintaining physical distancing, washing hands frequently with soap and water and wearing a two-layer non-medical mask in indoor locations across the Region. In further efforts to help stop the spread of COVID-19, York Region continues to work with school board
partners, parents and the community on the safe re-opening of schools. Public health professionals, including public health nurses, will continue to support schools throughout the year as they implement plans, adjust and adapt to ensure a successful, healthy and safe school year.
To keep parents and the community advised of the most current COVID-19 cases in the school system, York Region Public Health added confirmed and under surveillance COVID-19 case information in schools on the interactive dashboard at york.ca/covid19data
Confirmed outbreaks are declared in a school setting when, within a 14-day period, there are two or more laboratory-confirmed COVID-19 cases in students, staff or other visitors with an epidemiological link (if cases are in the same class or cohort) or if at least one case could have been infected in the school.
Regional Council also received an update on York Region’s Social Services response to COVID-19,
including new trends and issues, key changes to federal and provincial supports and updates on
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Regional actions. Regional staff continue to adapt and deliver programs and services to complement other government initiatives that address social service needs, including:
• Continued operation of a self-isolation shelter in the Town of East Gwillimbury
• Extended the contract for the temporary transitional shelter at Kingbridge Conference Centre
and Hotel in the Township of King until at least the end of 2020
• Distributed 50,000 disposable masks to lower income households through the COVID-19
Community Coordination table and working on the further distribution of 300,000 reusable
masks to vulnerable residents through community agencies and social services programs
• Concluded contracted services with six emergency child care providers who provided child care for essential front-line workers during the COVID-19 global pandemic
York Region is receiving $14.2 million to support a safe and adequate supply of child care for families as the economy re-opens. This announcement is part of the $19 billion Canada/Ontario Safe Restart Agreement and subsequent provincial funding commitments announced in July 2020 to assist local
economies during the pandemic.
Additional provincial funding was announced on July 6, 2020 to provide long-term care homes with continued COVID-19 Prevention and Containment Funding. As of July 31, 2020, the Region’s two
homes have received a total of $290,800. The province has not indicated the total amount of future funding the homes are expected to receive. Regional staff will continue to monitor community needs and their impact on Regional programs and will bring forward any funding pressures or opportunities as
part of the 2021 budget process.
Breaking ground on Markham Centre Campus
On Tuesday, September 22, 2020, York Region joined the City of Markham and York University to officially break ground on York University’s Markham Centre Campus.
Once complete, the new campus will bring 4,200 new student spaces to York Region, strengthen opportunities for students and showcase York Region as a destination of choice for higher learning.
In 2015, Regional Council confirmed their support of the Markham Centre Campus by authorizing York
Region to enter into a funding agreement to provide up to $25 million in capital funding towards the new campus. This commitment was reaffirmed in July 2020, with the Ontario government’s official announcement to move forward with construction of the campus.
Bringing a university campus to the City of Markham has been a long-standing priority for Regional Council. Engaging in post-secondary attraction is a key goal in York Region’s Economic Development Action Plan, which aims to create new opportunities for research, innovation and business growth.
York Region increases Council with new member
Regional Council enacted a bylaw to change the composition of York Regional Council to include an additional representative from the City of Vaughan.
The Province of Ontario, through the Municipal Act, requires all municipal councils to review their
council composition by no later than mid-way through each four-year council term. The deadline to complete this review is December 2020.
Regional Council first considered this on February 27, 2020 and began the process of obtaining triple majority approval.
A triple majority is attained when the following three factors are met:
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• A majority of Regional Council votes in favor of the bylaw
• A majority of the nine local municipal councils pass a resolution consenting to the bylaw
• The total numbers of voters in the local municipalities that have passed resolutions represents a majority of all electors in York Region
On June 11, 2020, Council received a report containing resolutions from all nine local municipalities, meeting the requirements for the second two components of the triple majority process.
To complete the triple majority process, a public meeting on the composition of Regional Council was
held on September 17, 2020.
Following this meeting, Regional Council enacted the bylaw to change its composition by adding a fifth member representing the City of Vaughan - a change that will be in effect for the 2022 Municipal
Election.
Improving traveller options on York Region Transit
Regional Council received an update on new PRESTO features to further modernize the current system on York Region Transit (YRT) and move towards supporting an integrated Greater Toronto and
Hamilton Area (GTHA) transit system.
PRESTO, an electronic fare payment system introduced 10 years ago, is undergoing some enhancements. A device refresh is currently underway and will replace 250 payment devices across
the Region. The devices have an updated design with larger screens and enhanced features. Future updates will also include quicker loading of customer payment, eliminating the 24-hour waiting period and a debit and electronic fare payment options.
Regional Council also approved changes to York Region Transit’s (YRT) fare categories, making the fare structure consistent with other GTHA transit agencies, an important step towards fare integration.
Subject to 2021 budget approval, starting June 27, 2021 changes to YRT’s fare categories include free transit for all children up to the age of five and eliminating the high school student requirement for those between the ages of 13 to 19.
Metrolinx and the 11 transit agencies in the GTHA continue to work towards a regional fare and service integration strategy, which would include the development of full fare and service integration and initiatives. This includes eliminating two-fare payment between the 905 area, TTC and GO transit, and implementing cross-boundary service to create operational efficiencies and improve the traveller experience.
Greater Toronto Area West Transportation Corridor preferred route identified
Regional Council received an update on the Ministry of Transportation’s preferred route for the Greater Toronto West Transportation Corridor.
The previous proposed alignment presented by the Ministry of Transportation identified the highway in the North Kleinburg-Nashville Secondary Plan area. The new preferred route now includes better alignment between Highway 50 and Highway 27 with less impact to existing and planned communities.
When complete, the GTA West highway and transitway will provide more east-west travel options. Proposed interchange locations in York Region include a partial interchange at Weston Road and a full interchange at Highway 27 in the City of Vaughan.
Also aligned with the GTA West Transportation Corridor Assessment Study Area, the Ministry of Energy, Northern Development and Mines has initiated the Northwest GTA Transmission Corridor
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Study. York Region will continue to consult with the province and local municipal partners throughout the GTA West Transportation Corridor Environmental Assessment Study and the Northwest GTA Transmission Corridor Study to protect a corridor of land for future electricity infrastructure.
York Region 2020 Credit Rating update
York Region’s credit rating has been re-affirmed by Moody’s Investor Service and S&P Global Ratings
based on the Region’s financial management and fiscal strategy approved by Regional Council. Moody’s has issued its highest credit rating of Aaa with stable outlook for York Region for the 20th consecutive year. This is based on:
• A high level of cash investments
• Ability to generate strong operating outcomes
• Strong debt affordability supported by a low interest rate environment
• Ability to generate predictable revenues supported by a wealthy and diverse tax base S&P Global Ratings re-affirmed its AA+ rating for York Region, despite the negative effects of the COVID-19 pandemic. Both rating agencies find York Region’s strong financial management, stable property tax base and budgetary flexibility in part attributable to prudent saving in operating reserves will help cushion the impact and help guide it through this difficult economic time.
These ratings contribute to York Region’s ability to access the capital markets and borrow at low rates.
Provision of closed meeting investigation services and ombudsman services
Regional Council approved the Ontario Ombudsman to begin providing services effective January 1, 2021.
In 2015, Regional Council appointed ADR Chambers Inc. as the Ombudsman for The Regional Municipality of York. This five-year appointment provided opportunity for additional accountability and transparency in the municipal sector.
This contract concludes December 31, 2020,
The Municipal Act, 2001 requires all municipalities to have an investigator to act on complaints about a meeting being improperly closed to the public. Since 2007, York Region has retained Local Authority Services Limited (LAS) to provide this service.
Switching to the Ontario Ombudsman for closed meeting investigation services represents a cost-
savings for the Region.
Funding received to support substance misuse programs
York Region received $193,600 through Health Canada's Substance Use and Addictions Program Funding Grant. The project grant will be used for the Training Youth Allies to Engage Youth and Young Adults to Talk about Cannabis. The project will build on York Region’s on-going efforts to increase awareness on reducing and preventing harms with cannabis use and will run from October 2020 to December 2022.
York Region will oversee distribution of project funds, provide in kind supports and report back to Health Canada.
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Update on Protecting Tenants and Strengthening Community Housing Act, 2020
Regional Council supports the province’s efforts under the Community Housing Renewal Strategy to ensure a more streamlined and sustainable community housing system that can grow and respond to residents’ needs.
The Act will have significant implications for York Region as a community housing service manager. These changes, to be enacted through regulations in the coming years, include service level standards, wait lists and local eligibility rules, as well as new options for housing providers responsible for the funding, administration and planning of the community housing system.
Engaging service managers in developing the regulations on a government-to-government basis will ensure service managers are recognized as the primary funders of the system and are best positioned to determine local needs.
Regional Council supports Major Transit Station Report
Regional Council endorsed the proposed Major Transit Station Area (MSTA) boundaries, minimum density targets and policy directions as part of the Regional Official Plan update. In addition, Regional Council amended this report to include:
• A request to the provincial government to approve alternative density targets for the Highway 407 Subway Station and King City GO Station MTSAs
• Direction for regional staff to delineate boundaries and set density targets for future MTSA
satiations along Jane Street in the City of Vaughan
• Referral of the Rutherford Road GO Station MTSA to the City of Vaughan for additional
consideration of boundaries and density
• Expansion of the boundary around the Maple GO Station MTSA to include the 2.8-hectare
parcel of land at the north east corner of Major Mackenzie Drive and McNaughton Road in the City of Vaughan
• A minimum density target for the Gormley GO Station MTSA at 50 people and jobs per hectare
Regional Council supported the identification of 72 Major Transit Station Areas in March 2020, along with two additional Major Transit Station Areas in the Town of Whitchurch-Stouffville and along Jane
Street in the City of Vaughan.
The Ontario Growth Plan requires York Region to outline and set minimum density targets for major transit station areas. These targets are taken into consideration based on different levels of transit service and the potential to develop lands within the major transit station area.
Feedback from local municipalities, stakeholder, external partner and public consultations informed the final proposed Major Transit Station Areas. Consultations suggested residents are generally supportive of the increased density, mixed-use and transit-oriented development, support for increased transportation options and walkable communities in urban areas.
Final Major Transit Station Area delineations, minimum density targets and a Major Transit Station Area policy framework will be incorporated into the Region’s updated Official Plan scheduled for completion in mid-2021.
York Region development activity increases in 2020 despite COVID-19 pandemic
Regional Council received the Mid-Year Development Activity Summary 2020 report providing an
overview of York Region’s planning and development approvals in the first half of 2020.
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Development Charge revenue in mid-year 2020 totals $102,44,127, a 127% increase from 2019. This demonstrates York Region’s growth and economic vitality, despite unforeseen challenges with the COVID-19 pandemic.
Additional 2020 mid-year highlights include:
• Application re-submissions increased by 43% totaling 369 compared to 258 in 2019
• Proposed residential units of subdivision applications increased to 4,801 in the first half of 2020 from 1,220 in the first half of 2019
• York Region received 235 new development applications for review in the first half of 2020
Planning and development activity continued undisturbed during the COVID-19 pandemic as York Region has been able to process applications through YorkTrax, York Region’s online development
approval system that offers an innovative online approach to review and approve applications.
York Region will continue to work closely with local municipal partners to achieve Regional and local policy objectives to ensure Regional priorities are identified early in the planning process.
York Region approves Township of King Official Plan
York Regional Council approved the updated King Township Official Plan, 2019 with modifications and deferrals.
The updated Official Plan is required to be consistent with the Provincial Policy Statement and conform
with provincial plans which include the Ontario Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, the Lake Simcoe Protection Plan and the York Region Official Plan.
In partnership with King Township, York Region worked to replace the previous Township Official Plan,
1970 with the purpose of managing growth, land use ensuring environmental conservation and protection, protecting the agricultural land base, facilitating economic development, promoting cultural and heritage values and identifying future infrastructure requirements and investment.
Additional amendments will occur after York Region’s Municipal Comprehensive Review and updated Regional Official Plan, scheduled for completion in mid-2021.
Re-naming of York Regional Police training facility
On Wednesday, September 9, 2020, a ceremony was held to re-name the York Regional Police Training and Education Bureau to the Eric Jolliffe Training Centre for Leadership and Learning.
On April 30, 2020, members of Regional Council unanimously agreed to re-name this facility in honor of the legacy and leadership of former York Regional Police Chief Eric Jolliffe, who dedicated his more than 40-year career to the safety and well-being of the community and residents he served.
At over 89,000 square feet, the centre offers more than 70 practical, simulation and in-class training programs for York Regional Police and officers from across the country.
Naming the facility in honour of former Chief Jolliffe is a lasting recognition of his dedication to life-long learning and professional education.
Change to Alternate Regional Fire Coordinator
James Arnold, Deputy Fire Chief of King City Fire Services is one of two alternates supporting Regional Fire Coordinator Ian Laing, Chief of Central York Fire Services.
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The position of Regional Fire Coordinator has been in place since 1971 to coordinate fire aid within York Region and the role is appointed by the Provincial Office of the Fire Marshal and Emergency Management.
National Day of Service
On the 19th anniversary of the September 11, 2001 terrorist attacks, Regional Council honoured the nearly 3,000 innocent lives lost and offered condolences to all who lost loved ones in this horrific act of violence.
In the initial moments, hours and days following the 9/11 attacks, firefighters, police officers, paramedics and military personnel risked everything so others may live. At the same time, Canadians demonstrated the true spirit of Canada by opening their homes, offering support and standing in solidarity with our American neighbours.
On the National Day of Service Regional Council paid tribute to these heroes and every first responder who continues to make sacrifices in service to their communities.
National Forest Week
From September 20 to 26, 2020, York Regional Council celebrated the 100th anniversary of National
Forest Week.
Home to 2,300 hectares of protected land, the York Regional Forest plays a vital role in the lives of
York Region residents.
Through National Forest Week, York Region celebrates our shared forest heritage and recognizes the importance of this valuable and renewable resource. Forests provide economic, environmental, recreational and cultural value to our communities and are fundamental to our traditions, history and our future. Together, it is our shared responsibility to protect this essential natural resource and do our part to keep it clean for future generations.
Toronto and Region Conservation Authority recognized with visionary award
The Toronto and Region Conservation Authority (TRCA) and its nine partner municipalities, including York Region, have been recognized with a 2020 Sustainable Communities Award from the Federation of Canadian Municipalities.
The Honourable Mention in the Visionary Award category celebrates TRCA’s Sustainable Neighbourhood Action Program, which aims to accelerate the creation of sustainable neighbourhoods in older urban areas through urban renewal and climate action.
Aligned with Regional Council’s vision of complete communities, the Sustainable Neighbourhood Action Program was designed to help municipalities improve efficiencies, draw strong community support and build implementation partnerships when developing sustainable and resilient neighbourhoods.
York Region receives innovation award for YorkTrax
York Region was recognized by the Association of Municipalities Ontario and received a Certificate of Merit from the Peter J. Marshall Innovation Award Jury for YorkTrax, presented at the 2020 AMO Conference. YorkTrax is an innovative online approach to review and approve development applications that modernizes the day-to-day work of York Region and improves the customer experience.
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York Region processes a number of development applications every year, each one involving many documents, data, maps and comments from multiple departments. YorkTrax was developed to make this process more efficient and coordinated across the organization. YorkTrax standardized the development review process and created transparency across departments ensuring better coordination of comments and approvals.
The project demonstrated many of the P.J. Marshall Award’s criteria of innovation, tangible benefits to the community, improved efficiency and the ability for other municipal governments to use the project’s concept.
During the COVID-19 pandemic, the transition for development applications was seamless as staff were able to access the system remotely and were able to move forward with development review and approvals process.
Show Your Local Love Day
Regional Council has proclaimed September 25, 2020 as “Show Your Local Love Day” in York Region.
Show Your Local Love Day, an initiative of the United Way Greater Toronto, aims to show support for individuals and families impacted by the COVID-19 global pandemic and demonstrate the essential need for a strong network of community support services.
York Region has a long-standing partnership with the United Way, working in collaboration to support the most vulnerable residents in the community. These include individuals and families faced with isolation, high-risk seniors, unsheltered individuals experiencing homelessness and people facing food
insecurity.
As the charity of choice for York Region, staff have raised more than $6 million for the United Way over the past 26 years.
Show Your Local Love Day is an opportunity for all York Region staff and residents to learn more about the work of the United Way and make a difference in the lives of many in the community.
Remembering Aline Chrétien and John Turner
Regional Council extended condolences following the passing of Aline Chrétien on September 13, 2020 and former Prime Minister, John Turner on September 19, 2020.
Married to former Prime Minister Jean Chrétien for more than 63 years, Aline was a trusted partner and advisor and a strong matriarch to her family and our great nation.
As the 17th Prime Minister of Canada, The Right Honourable John Turner led Canada from June to September 1984. Despite a short tenure as Prime Minister, Mr. Turner held a long and distinguished political career and was a fierce defender of democracy.
On behalf on York Region’s 1.2 million resident, Council extended condolences and support to both the Chrétien and Turner families.
Next regular meeting of York Regional Council
York Regional Council will meet on Thursday, October 22, 2020 at 9 a.m. To maintain physical
distancing and protect the health and well-being of residents, this is currently planned to be a virtual meeting and streamed on york.ca/live
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The Regional Municipality of York consists of nine local cities and towns and provides a variety of programs and services to 1.2 million residents and 54,000 businesses with over 650,000 employees. More information about the Region’s key service areas is available at york.ca/regionalservices -30-
Media Contact: Kylie-Anne Doerner, Corporate Communications, The Regional Municipality of York Phone: 1-877-464-9675, ext. 71232 Cell: 289-716-6035 kylie-anne.doerner@york.ca
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The Corporation of the Town of Aurora
By-law Number XXXX-20
Being a By-law to regulate occupancy, fouling, construction and
encroachments on highways.
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”) as
amended,provides that a municipality may pass by-laws respecting the health, safety
and well-being of persons, services and things that the municipality is authorized to
provide, protection of persons and property, public assets of the municipality, drainage
and flood control, public utilities, parks, as well as highways and structures, including
fences and signs;
And whereas Section 9 of the Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under the Act;
And whereas Subsection 8(1) of the Act provides that powers of a municipality shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues;
And whereas Sections 30 of the Act provides that the municipality has ownership over
highways under its jurisdiction and Section 44 requires the municipality maintain its
highways in a state of repair and to adhere to minimum maintenance standards outlined
in regulations, including taking measures with respect to encroachments to protect
users;
And whereas Subsection 391(1) of the Act provides that a municipality may pass by-
laws imposing fees or charges on any persons for the use of its property including
property under its control;
And whereas Section 446 of the Act provides that a municipality may proceed to do
things at a person's expense which that person is otherwise required to do under a by-
law but has failed to do and to recover the costs of doing so by adding the costs to the
tax roll and collecting them in the same manner as property taxes;
Now therefore the Council of The Corporation of the Town of Aurora hereby
enacts as follows:
1.Definitions
1.1. In this by-law, the following words have the following meanings:
(a)“Act”shall mean the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
(b)“Applicant”shall mean the Person submitting an Application to the Town;
(c)“Application”shall mean an application for a ROP or an application for
an Encroachment, or for the renewal or extension of the same;
(d)“Arterial Road”shall mean an Arterial Road as designated in the Town’s
Official Plan, as amended or successor thereof;
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(e)“Boulevard”shall mean all parts of the Highway, including the shoulder
and sidewalk, but excluding the curb and the road portion travelled by or
designed for vehicular traffic;
(f)“Clerk”shall mean the Clerk of the Town appointed pursuant to the Act;
(g)“Collector Road”shall mean any Major and Minor Collector Road as
designated in the Town’s Official Plan, as amended or successor thereof;
(h)“Council”shall mean the Council of the Town;
(i)“Director”shall mean the department head of the Operations Department
of the Town, or his/her designate or successor;
(j)“Easement"shall mean an interest in land owned by another Person,
consisting in the right to use or control the land, or an area above or below
it, for a specific limited purpose, but does not include an interest created
by a licence agreement;
(k)“Encroachment"shall mean anything that is placed, installed,
constructed or planted within a Highway, including anything that is wholly
upon or extends onto a Highway, that was not placed, installed,
constructed or planted by the Town and shall include any aerial, surface or
subsurface encroachment, but shall not include anything permitted
pursuant to a ROP;
(l)“Encroachment Agreement"shall mean an agreement with the Town
granting authorization to erect, place or maintain an Encroachment on the
Highway;
(m)“Encroachment Agreement Fee”shall mean the fee as set out in the
Town’s Fees and Charges By-law, as amended;
(n)“Encroachment Application Fee”shall mean the fee as set out in the
Town’s Fees and Charges By-law, as amended;
(o)“Geometric Design Guide”shall mean the most current version of the
Geometric Design Guide for Canadian Roads of the Transportation
Association of Canada, as amended or successor thereof;
(p)“Highway”shall mean a highway within the meaning of the Act;
(q)“Irrigation System”shall mean the components of a system that is used
or designed for the purpose of irrigating or watering vegetation located
outdoors;
(r)“Local Road” shall mean a Local Road as designated in the Town’s
Official Plan, as amended or successor thereof;
(s)“Minimum Maintenance Standards for Municipal Highways”means O.
Reg. 239/02: Minimum Maintenance Standards for Municipal Highways,
as amended or successor thereof;
(t)“Officer"shall mean a Municipal Law Enforcement Officer appointed by
the Town;
(u)“Owner"shall mean the registered owner of a parcel of property as such
Person is described on the most current parcel register;
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(v)“Paver"shall mean any hard or paved surface, or stone, that is placed in
the ground in such manner that the top of the surface or stone is flat and
level with the surrounding ground level;
(w)“ROP" or “Road Occupancy Permit"shall mean a written permit issued
by the Town pursuant to this by-law authorizing regulated activities under
Subsection 2.1, other than for the erecting, installing or maintaining an
Encroachment;
(x)“Person"shall include an individual, sole proprietorship, partnership,
unincorporated association, firm or corporation, business entity or club,
trust, body corporate or natural person;
(y)“Premises"shall mean a parcel of real property and includes all buildings
and structures thereon;
(z)“Refuse"shall means any object or material that has been discarded by
any Person or that is no longer in use, or reasonably intended to be used,
by the Person having ownership or control over such object or material;
(aa)“Sign"shall mean any structure or device, intended for identification or
advertisement, visible to the general public;
(bb)“Soft Landscaping"shall mean any shrubs, hedges, grass, flowers,
maintained natural gardens or other vegetation, but excludes trees,
noxious weeds and local weeds designated under the provisions of the
Weed Control Act, R.S.O. 1990, c. W.5;
(cc)“Solicitor”shall mean the Town Solicitor or his/her designate;
(dd)“Town"shall mean The Corporation of the Town of Aurora; and
(ee)“Unauthorized Encroachment"shall mean any Encroachment not
authorized by this by-law.
2.General Prohibitions
2.1. No Person shall do, or shall cause to be done, or shall permit to be done, or shall
attempt to do, on any portion of any Highway, any of the following actions without
previously obtaining a ROP or entering into an Encroachment Agreement
pursuant to this by-law permitting such action or activity, except where otherwise
specifically permitted or exempted pursuant to this by-law:
(a) excavate, dig-up, break, tear-up, connect to, alter or destroy any portion of
the land within the Highway whether for the purpose of constructing a
means of access, or for any other purpose;
(b) cross any raised curb, sidewalk or paved Boulevard with a vehicle or with
the aid of mechanical equipment, over which he/she has control, to deliver
or remove any materials from abutting land;
(c) place, deposit, spill, track or otherwise leave on a Highway, any
construction material, debris, soil, dirt, mud, stone, gravel, aggregate,
concrete or any other similar material;
(d) place, construct or maintain any Encroachment on any Highway;
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(e) obstruct or block any Highway, including any culvert or ditch on any
Highway.
2.2. In addition to the above, no Person shall throw or deposit any Refuse, including
any animal carcass, on any Highway.
2.3. The Owner of the Premises from which, or to which, any material or items are
being removed or deposited, placed, spilled or tracked shall be presumed to have
caused such items or materials to be placed, deposited, spilled, tracked or
otherwise left deposited on the Highway, as the case may be, which presumption
may be rebutted by evidence to the contrary on a balance of probabilities.
2.4. The Owner of the Premises from which, or to which, any vehicle crosses any
curb, sidewalk or paved Boulevard to deliver or remove any items or material
shall be presumed to have caused such vehicle to cross any curb, sidewalk or
paved Boulevard, as the case may be, which presumption may be rebutted by
evidence to the contrary on a balance of probabilities.
2.5. The Owner of the Premises immediately adjacent to the land on which an
Encroachment is located, shall be presumed to have caused to be placed,
constructed or maintained the Encroachment, as the case may be, which
presumption may be rebutted by evidence to the contrary on a balance of
probabilities.
2.6. Notwithstanding Subsections 2.1 and 2.2, the following classes of items and
Encroachments, as well as activities related to such items and Encroachments,
are exempted from the requirements and restrictions of this by-law to the extent
of such other authority or agreement granting permission or authorization for
such item or Encroachment:
(a) Signs and advertising devices, as authorized or permitted by the Sign By-
law, as amended or a successor by-law thereof, or Council;
(b) Refuse or waste that is left or placed in compliance with the Waste
Collection By-law, as amended or a successor by-law thereof;
(c) activities and Encroachments arising as a result of construction or
maintenance activity on behalf of and under contract with the Town;
(d) any Highway closure authorized by the Town;
(e) Encroachments arising as a result of a decision of the Town’s Committee
of Adjustment or the Local Planning Appeal Tribunal, or a successor body
thereof, permitting the Owner of a residential Premises to widen a
driveway, provided such Encroachments are limited to Pavers that are in
compliance with Section 3.2 and comprising of the permitted driveway
extension, and that any other requirements set out under any other Town
by-law are met;
(f) Encroachments permitted as a result of a written and signed agreement
with the Town, other than an Encroachment Agreement, including any
agreements pursuant to the Planning Act, R.S.O. 1990, c. P.13 or
Easements agreements;
(g) any Encroachment specifically permitted by the Council;
(h) any Encroachments placed, created or caused by the Town;
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(i) any Encroachments authorized by a court order, or by provincial or federal
authority or law, or
(j) any Encroachment authorized under a valid Encroachment Agreement
that was entered into prior to the date of this by-law coming into force.
2.7. Notwithstanding Subsections 2.1 and 2.2, in the case of any activity, works,
construction or Encroachments governed by a duly executed municipal access
agreement with a utility company for access onto Town’s Highways, the terms of
any such agreement shall supersede this by-law in case of any conflict or
inconsistency.
3.Permitted Encroachments
3.1. Notwithstanding Subsection 2.1 paragraph (d), Owners of land adjoining the
Highway are permitted, without a ROP, Encroachment Agreement or any other
authorization of the Town, to maintain Encroachments on the Boulevard:
(a) in the form of an Irrigation System;
(b) in the form of Pavers; or
(c) in the form of Soft Landscaping;
provided that the Encroachment conforms to all the requirements of this by-law,
including Subsection 3.2. For clarity, this Subsection 3.1 does not authorize any
Person to conduct any of the regulated activities under Subsection 2.1 without a
ROP, other than maintaining one of the types of Encroachments described above
to the extent that it does not consists of activities regulated under paragraphs (a),
(b), (c) or (e) of Subsection 2.1.
3.2. Encroachments pursuant to Subsection 3.1 may only be permitted if the
Encroachment conforms to the following:
(a) if it is in the form of Soft Landscaping, it is maintained in a state of healthy
and vigorous growth;
(b) if it is in the form of Pavers, it is placed and maintained in compliance with
any applicable laws and Town by-laws, including zoning by-laws and
regulations;
(c) if it is in the form of an Irrigation System:
(i) it is placed entirely under or in the ground and in such a way that no
part of the system is located or protrudes above the level of the
ground level, expect for when the water discharge mechanism is in
operation to actively irrigate as per the design of the system,
(ii) it is maintained in a manner that does not permit water to leak from
it at any time other than when the system is in operation to actively
irrigate as per the design of the system, and
(iii) the system is designed, constructed and functions in a manner that
does not permit water to be sprayed or discharged onto the
sidewalk or the travelled portion of the Highway;
(d) it does not obstruct pedestrian or vehicle sight lines as per the Geometric
Design Guide;
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(e) it does not interfere with traffic control devices or Signs permitted under
the Sign By-law, as amended or a successor by-law thereof;
(f) it does not interfere with ability of the Town to access and to conduct any
maintenance, repair or operational activity on any Town property,
infrastructure and municipal services;
(g) it is not in a form of a fence or barrier, including barriers comprised of
vegetation, that prevents access onto any part of the Highway or prevents
Town staff or agents from being able to conduct any maintenance activity
or to use any such area for storage of snow, unless it is located at the
property line of the abutting private property and in compliance with any
applicable zoning by-laws or regulations and the Fence By-law, all as
amended or successor thereof;
(h) it does not obstruct driveways, impede or pose a hazard or potential
hazard to pedestrian or vehicle traffic;
(i) on a corner lot, it is not erected or permitted to grow to a height greater
than 0.9 metre above the traveled surface of the grade of the streets that
abut the lot within the shaded triangular area as indicated below, with
“distance x” being:
(i) in the case of an intersection between an Arterial Road with any
other road, distance x, as illustrated below, shall be fifteen (15)
metres in either direction;
(ii) in the case of an intersection between a Collector Road with
another Collector Road, distance x, as illustrated below, shall be
ten (10) metres in either direction;
(iii) in the case of an intersection between a Collector Road with a
Local Road, distance x, as illustrated below, shall be seven (7)
metres in either direction;
(iv) in the case of an intersection between a Local Road with another
Local Road, distance x, as illustrated below, shall be five (5) metres
in either direction;
(j) it does not interfere with the Town's ability to maintain the Town’s
property, including Highways, in a state of good repair and maintenance,
including keeping Town property free of litter, snow and ice;
Intersection of Property
Lines
Shaded area to be clear of
encroachments higher than
0.9 metres
distance x
distance x
curb line curb line Boulevard
Property
Lines
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(k) it does not interfere with the existing and future locations of sidewalks,
bicycle trails or utilities;
(l) it does not extend into the Boulevard area fronting any property other than
of the Owner that is responsible for such an Encroachment when the
common lot line is projected perpendicular to the road, unless the Owner
of such other property consents to it in writing;
(m) no part of the Encroachment creates a condition or obstruction that results
in any pedestrian path of travel not meeting any standard established
pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, S.O.
2005, c. 11 with respect to exterior paths of travel, regardless of when
such path of travel was constructed or redeveloped;
(n) no part of the Encroachment is located within 0.50 metre of the edge of
either side of the sidewalk, unless it is in the form of a Paver;
(o) if it is located on the Boulevard between the curb line and sidewalk, it does
not measure more than 0.9 metre in height;
(p) it is not within one (1) metre of the curb, on a road with curbs, unless it is
in the form of a Paver;
(q) it is not within three (3) metres of the vehicle traveled portion of any road
without curbs, unless it is in the form of a Paver;
(r) no part of the Encroachment is located within a one (1) metre radius
around fire hydrants, fire hydrant valves or private water service shut off
valves, unless it is in the form of a Paver;
(s) no part of the Encroachment is located within a 1.5 metres of the side or
rear of any hydro electric transformer, switch or equipment and no part is
located in front of or at the opening side of such equipment at any
distance, unless it is in the form of Paver;
(t) it is in a state of repair pursuant to the Minimum Maintenance Standards
for Municipal Highways; and
(u) any other criteria considered appropriate by the Director.
4.Road Occupancy Permits
4.1. Any Person requesting authorization to conduct any of the regulated activities
under Subsection 2.1 on a Highway is required to submit an Application to the
Town for a ROP, unless such activities are otherwise authorized pursuant to
Section 3, 5 or 6 with respect to an Encroachment, but only to the extent of such
authorization.
4.2. The form, content, terms, conditions and requirements of the Application for a
ROP shall be as prescribed by the Director from time to time and the Director
may, without limiting the Director’s authority to prescribe the Application and its
form, content, terms, conditions and requirements, require as part of an
Application:
(a) any affidavits, drawings, plans, surveys, photographs and other
documents the Director deems to be necessary in order to assess the
proposed Application;
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(b) any information deemed necessary by the Director to be able to evaluate
the Application with respect to the proposed activities and the associated
timeframes;
(c) a reasonable estimate of the cost of performing the associated works and
a security deposit for such works;
(d) the Applicant to agree to the terms and conditions of the ROPas
prescribed by the Director; and
(e) the Applicant to provide proof of and maintain continual insurance
coverage, naming the Town as an additional insured party, as required by
the Director to provide coverage with respect to the work and activities to
be conducted or maintained on the Highway.
4.3. Upon receipt of an Application for a ROP and receipt of the applicable fees, as
established in the Town’s Fees and Charges By-law, the Director shall make
investigations as necessary to assess the Application and may, in accordance
with the criteria and requirements set out in this by-law:
(a) issue a ROP after receipt of a complete Application that meets all the
requirements of this by-law and the receipt of any applicable securities;
(b) in the case of an approved Application for a ROP, impose such terms and
conditions on the ROP deemed appropriate by the Director:
(i) for the protection of any Highway, public infrastructure and property
abutting the area subject to the ROP,
(ii) for the protection of the health and safety of the public and the
environment,
(iii) for the purposes of administration of ROPs and the operations of
the Town,
(iv) for the purposes of maintaining proper standards and workmanship
with respect to any work conducted on the Highway,
(v) for the purposes of protecting the Town interests with respect to
any risks associated with the work or activities pursuant to the
ROP, and
(vi) to satisfy any requirements of this by-law or any other applicable
legislation.
(c) refuse to issue a ROP if:
(i) the Application is not completed, all the information as required
under this by-law is not provided or the Application does not meet
all the requirements of this by-law,
(ii) the required fees or securities are not provided, or
(iii) the Applicant has not addressed, to the Director’s satisfaction, any
non-compliance or default with respect to a previous ROP.
4.4. In addition to the above, the Director may, on his or her own initiative, acting
reasonably:
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(a) alter or revoke the terms and conditions of a ROP after it has been issued;
or
(b) impose new terms and conditions in a ROP.
4.5. A ROP holder shall immediately inform the Director of any change to:
(a) the information contained in an Application for a ROP;
(b) the information contained in a ROP that has been issued;
(c) the characteristics of the activity or work for which the ROP has been
issued; or
(d) the cancellation of any related activity or work.
In the case of any such change, the Director may require revised or additional
information, additional fees, or a new Application with respect to the change.
4.6. A ROP shall be time limited and shall expire pursuant to the terms and conditions
as set out in the ROP, upon completion of the work or activity governed by the
ROP or revocation of such ROP, whichever occurs first.
4.7. Prior to the expiry of an ROP, a ROP holder may apply for an extension to the
ROP, and the Director may approve of such extension, having regard to:
(a) the work to be completed during the extension;
(b) the progress of the work up until the date of the Application;
(c) the performance of the ROP holder up until the date of the Application;
(d) any potential conflict that may result from the extension with other planned
or ongoing work; and
(e) the safety and convenience of the public.
4.8. A ROP issued under this by-law is the property of the Town and is not
transferrable or assignable.
4.9. The Director may revoke a ROP if the ROP holder, or parties conducting the
work or activities pursuant to the ROP on behalf of the ROP holder:
(a) fail to comply with the terms and conditions of such a ROP or fail to
comply with this by-law;
(b) fail to notify the Director immediately of any of the changes referred to in
Subsection 4.5 of this by-law;
(c) fail, within thirty (30) days after the issuance of the ROP, to commence the
work or activity, beyond a preliminary or nominal level, for which the ROP
was obtained;
(d) substantially discontinue the work or activity for a period of more than
thirty (30) days;
(e) provide false or inaccurate information in the Application for the ROP; or
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(f) any Person doing work on behalf of the ROP holder has failed to comply
with any applicable law, statutes, regulations, orders, standards, codes,
by-laws or rules.
4.10. In addition to the above, the Director may immediately suspend or revoke a ROP
issued under this by-law, in writing, where the Director is satisfied that a
suspension or revocation is necessary in an emergency situation of immediate
threat or danger to a Highway, public infrastructure, any property abutting a
Highway, or to any Person.
4.11. The Director may give notice of the suspension or revocation of a ROP by
contacting a ROP holder in writing, by telephone or by email in accordance with
the contact information provided on the ROP Application.
4.12. Notwithstanding anything in this by-law, if the Director or an Officer deems that
an emergency exists, or may ensue, as a result of any activities pursuant to a
ROP, as a result of expiry, revocation or suspension of a ROP, or as a result of
activities requiring a ROP that were conducted without a valid ROP, being, or
about to become, a source of danger to the health and safety of the public or to a
Highway or public infrastructure, the Director or Officer may take such measures,
without notice, as the Director or Officer may deem necessary to remove the
danger or potential danger at the expense of the Person responsible for creating
the danger, or potential danger.
4.13. Any decision of the Director pursuant to this Section shall be final without a right
to appeal to the Council.
5.Encroachment Application
5.1. Any Person requesting authorization to erect, install or maintain an
Encroachment on a Highway that is not permitted under Subsection 3.1 or
otherwise permitted under this by-law, is required to submit an Application to the
Director for permission for the Encroachment.
5.2. The form and content of the Application for an Encroachment shall be as
prescribed by the Director from time to time and the Director may require as part
of an Application:
(a) any affidavits, drawings, plans, surveys, photographs and other
documents the Director deems to be necessary in order to assess the
proposed Application;
(b) any information deemed necessary by the Director to be able to evaluate
the Application with respect to the proposed activities and the associated
timeframes; and
(c) a reasonable estimate of the cost of performing the associated works.
5.3. Upon receipt of an Application for an Encroachment and receipt of the
Encroachment Application Fee, the Director shall make investigations as
necessary to assess the Application and may, in accordance with the criteria and
requirements set out in this by-law:
(a) approve an Application for the Encroachment after receipt of a complete
Application that meets all the requirements of this by-law;
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(b) in the case of an approved Application for an Encroachment, impose such
terms and conditions to any associated Encroachment Agreement
deemed appropriate by the Director:
(i) for the protection of any Highway, public infrastructure and property
abutting the area subject to the Encroachment,
(ii) for the protection of the health and safety of the public and the
environment,
(iii) for the purposes of administration of Encroachments and the
operations of the Town,
(iv) for the purposes of maintaining proper standards and workmanship
with respect to any work conducted on the Highway, and
(v) for the purposes of protecting the Town interests with respect to
any risks associated with the presence of the Encroachment or
work or activities related to the Encroachments,
(vi) to satisfy any requirements of this by-law or any other applicable
legislation.
(c) refuse to approve an Encroachment if:
(i) the Application is not completed, all the information as required
under this by-law is not provided or the Application does not meet
all the requirements of this by-law,
(ii) the required fees are not provided, or
(iii) the Applicant has not addressed, to the Director’s satisfaction, any
non-compliance or default with respect to the Encroachment or a
previous Encroachment Agreement related to the same
Encroachment or property.
5.4. The Director may approve an Application for an Encroachment if the proposed
Encroachment:
(a) does not obstruct pedestrian or vehicle sight lines as per the Geometric
Design Guide;
(b) does not interfere with traffic control devices or Signs;
(c) does not obstruct driveways, impede or pose a hazard or potential hazard
to pedestrian or vehicle traffic;
(d) does not interfere with the Town's ability to maintain the Town’s property,
including Highways, in a state of good repair and maintenance, including
keeping Town property free of litter, snow and ice;
(e) does not interfere with the existing sidewalks, bicycle trails and future
locations of sidewalks, bicycle trails or utilities;
(f) does not extend into the Boulevard area fronting any property other than
of the Owner that is responsible for such an Encroachment when the
common lot line is projected perpendicular to the road, unless the Owner
of such other property consents to it in writing;
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(g) does not create a condition or obstruction that results in any pedestrian
path of travel not meeting any standard established pursuant to the
Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 with
respect to exterior paths of travel, regardless of when such path of travel
was constructed or redeveloped;
(h) is on a parcel that is directly adjacent to the parcel owned by the
Applicant;
(i) is in a state of repair pursuant to the Minimum Maintenance Standards for
Municipal Highways; and
(j) satisfies any other criteria considered appropriate by the Director.
For clarity, the Director is not required to approve any Application for an
Encroachment pursuant to this Subsection, even if it satisfies all of the criteria set
out above, and may choose to only approve Applications in exceptional
circumstances as determined by the Director or pursuant to any internal policies
established by the Director.
5.5. If granted approval pursuant to Subsection 5.3 for a specific Encroachment, an
Owner of land adjoining the Highway is permitted to maintain such an approved
Encroachment provided that he/she enters into an Encroachment Agreement,
pursuant to the terms of this by-law, with respect to such an Encroachment and
complies with all the terms of this by-law, any terms or conditions imposed by the
Director under Subsection 5.3 and the associated Encroachment Agreement.
5.6. Notwithstanding anything in this by-law, the Director has the authority to allow an
Encroachment and the authority to waive the requirement for an Encroachment
Application or an Encroachment Agreement in cases of Encroachments that are
deemed by the Director to be of trivial or inconsequential nature, but only if such
Encroachments do not appear to pose any hazard to the health and safety of the
public and do not interfere with any Town operations. In any case where an
Encroachment is permitted pursuant to this Subsection, the Director has the
authority to rescind any such permission or waiver, at any time and for any
reason, and require that an Application be submitted and/or an Encroachment
Agreement be entered into with respect to an Encroachment, or otherwise that
such an Encroachment be removed pursuant to this by-law.
5.7. Any decision of the Director pursuant to this Section shall be final without a right
to appeal to the Council.
6.Encroachment Agreement
6.1. Where an Application for an Encroachment has been approved by the Director
pursuant to Subsection 5.3, the Owner of land adjoining the Highway that intends
to or has placed an Encroachment shall enter into an Encroachment Agreement
with the Town and pay the Encroachment Agreement Fee, as set out in the Fees
and Charges By-law in effect at the time of approval by the Director of the
Application.
6.2. Where an Applicant fails to pay the Encroachment Agreement Fee within thirty
(30) calendar days of receipt of notice of approval by the Director or where the
Applicant fails to execute an Encroachment Agreement within the thirty (30)
calendar days, or such longer period the Director deems appropriate at his/her
discretion, from receipt of the Encroachment Agreement from the Town, the
Applicant shall be deemed to have abandoned its Application and such
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Encroachment, if already placed, shall be immediately removed from the
Highway by the Applicant and at the Applicant’s expense and any associated
Application or approval for an Encroachment shall be deemed to be void and the
Applicant shall not be entitled to any refund of fees remitted to the Town.
6.3. Any Encroachment Agreement entered into by the Town, in addition to any terms
and conditions imposed by the Director pursuant to paragraph (b) of Subsection
5.3, shall to the satisfaction of the Solicitor:
(a) require the Applicant to indemnify the Town for any claims, damages or
causes of action that may arise as a result of the Encroachment;
(b) release the Town from and waive any claims the Applicant has or may
have in the future with respect to the Encroachment and any actions or
omissions of the Town in relation to the Encroachment, including damage,
inspection, maintenance and removal;
(c) require the Applicant to provide the Town with comprehensive general
liability insurance, satisfactory to the Solicitor, against any occurrence of
injury, death or property damage resulting from the Encroachment; and
(d) be subject to any requirements of this by-law.
6.4. Any Encroachment Agreement entered into by the Town may, subject to the
discretion of the Director, be time limited or expire pursuant to the terms of such
an agreement. Upon request from an Owner who is party to an Encroachment
Agreement, the Director may renew or extend an Encroachment Agreement on
terms satisfactory to the Director and the Solicitor provided that:
(a) the Owner requesting the renewal or extension pays to the Town the
extension/renewal fee, as set out in the Fees and Charges By-law in effect
at the time of submitting the renewal/extension request;
(b) the Owner that is party to the Encroachment Agreement and the
Encroachment that is subject to the agreement comply with all the
requirements of this by-law and the associated Encroachment Agreement;
and
(c) the Owner requesting the renewal or extension executes any amendment
or other documentation required by the Solicitor in association with the
extension or renewal.
6.5. Where the Solicitor deems it appropriate, an Encroachment Agreement may be
registered against title to the property of the Owner who is a party to the
Encroachment Agreement and the Highway upon which the Encroachment exists
and all expenses in doing so shall be paid for in advance by such Owner.
6.6. The entering into an Encroachment Agreement does not create any vested right
in the Owner or occupant of the Premises to which the Encroachmentis
adjacent, or in any other Person, and the Encroachment Agreement may be
terminated at any time in accordance with this by-law or the terms set out in the
Encroachment Agreement.
6.7. Owners who are a party to an Encroachment Agreement shall notify future
purchasers of any such Encroachment Agreement.
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6.8. Any decision of the Director pursuant to this Section shall be final without a right
to appeal to the Council.
7.Discontinuance of Encroachments
7.1. The Director may revoke an approval of an Encroachment and terminate any
associated Encroachment Agreement if the Owner of Premises to which an
Encroachment is adjacent provides notice to the Town that he/she wishes to
permanently discontinue the Encroachment. If such notice is provided, such an
Owner shall restore the Highway to the condition the lands were in prior to the
placing of the Encroachment at his/her own expense and in compliance with this
by-law.
7.2. If the Director is, at any time, of the opinion that a breach of the terms and
conditions of an Encroachment Agreement has occurred and that the default has
not been remedied, or where an Encroachment Agreement has expired,
terminated or been invalidated, the Director may revoke the approval of an
Encroachment and terminate any associated Encroachment Agreement.
Following such revocation and/or termination, the Director shall cause a notice to
be sent to the Owner of the Premises responsible for or associated to the
Encroachment and upon the receipt of such a notice from the Town, such Owner
shall have the Encroachment removed or filled in and closed up and the Highway
be restored to the condition the lands were in prior to the placing of the
Encroachment at the expense of the Owner.
7.3. Where the responsible Owner fails to have an Encroachment removed, filled in
and/or closed up, as required by this Section within ten (10) business days of
providing the notice pursuant to Subsection 7.1 or receiving the notice pursuant
to Subsection 7.2, the Encroachment may be removed or filled in and closed up
by the Town and the Highway restored to the condition the lands were in prior to
the placing of the Encroachment at the expense of such Owner.
8.Removal of Encroachments
8.1. In addition to any other rights and remedies set out in this by-law, where the
Town becomes aware of an Unauthorized Encroachment, including an Irrigation
System, Soft Landscaping or Paver that does not comply with the requirements
of this by-law, the Director or an Officer may:
(a) give notice in writing to the Owner of the Premises to which an
Unauthorized Encroachment is adjacent, to forthwith remove, fill in or
close up the Unauthorized Encroachment and to restore the Highwayto
the condition the lands were in prior to the placing of the Encroachment at
the expense of such Owner; or
(b) remove, fill in or close up any Encroachment without notice and require
the Owner of the Premises to which an Unauthorized Encroachment is
adjacent, to restore the Highway to the condition the lands were in prior to
the placing of the Encroachment at the expense of such Owner.
8.2. Where the notice pursuant to paragraph (a) of Subsection 8.1 is not complied
with within five (5) business days of the date of the notice, the Town may, on
behalf of such incompliant Owner, remove, fill in or close up the Unauthorized
Encroachment and restore the Highway to the condition the lands were in prior to
the placing of the Encroachment at the expense of such Owner.
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8.3. Without limiting any rights and in addition to any remedies under this by-law, the
Town may remove all parts of any item that creates, forms or contributes to an
Unauthorized Encroachment, regardless of whether all such parts constitute an
Unauthorized Encroachment or whether the removal of certain components of an
Unauthorized Encroachment would render it compliant under this by-law. Without
limiting the above, when an Encroachment grows or expands to a condition
where it is not permitted under this by-law, the Town may remove the entire
Encroachment from the Highway at the expense of the adjacent Owner.
8.4. Any materials or residue forming part of or attached to an Encroachment that are
removed by or on behalf of the Town may, at the discretion of the Director or an
Officer handling the matter, be deposited on the Premises of the Person
responsible for such Encroachment, be deposited on the Premises that is
adjacent to such Encroachment or be disposed of without notice to the Owner.
8.5. Notwithstanding anything in this by-law, if the Director or an Officer deems that
an emergency exists, or may ensue, as a result of any Encroachment, regardless
of whether or not it is authorized or permitted under this by-law, being, or about to
become, a source of danger to the health and safety of the public or to a Highway
or public infrastructure, or if the Director deems that an Encroachment,
regardless of whether or not it is authorized or permitted under this by-law, is
required to be removed, entirely or in part, for the purpose of conducting any
construction or operations by the Town or any Town service, the Director or
Officer may:
(a) provide written notice to the Owner of the Premises to which the
Encroachment is adjacent, or otherwise deemed by the Director or Officer
to be responsible such Encroachment, requiring the repair, removal, filling
in or closing up of the Encroachment and restoration of the Highway at the
expense of such Owner, and/or
(b) take such measures, without notice, as the Director or Officer may deem
necessary to remove the danger or potential danger created by the
Encroachment at the expense of the Owner of the Premises to which the
Encroachment is adjacent, or otherwise at the expense of such Person
deemed by the Director or Officer to be responsible such Encroachment.
8.6. Where a notice pursuant to paragraph (a) of Subsection 8.5 is not complied with
within five (5) calendar days, or such other time set by the Director or Officer, of
the date of the notice, the Director or Officer may repair, remove, fill in or close
up the Encroachment subject to the notice and restore the Highway to the
condition the lands were in prior to the placing of the Encroachment at the
expense of the Person subject to the notice.
8.7. In addition to Section 8.5 and notwithstanding anything in this by-law, any Person
acting on behalf of, or under the authority of, the Town may, at any time and for
any reason, remove or damage any Encroachment, or any part of an
Encroachment, regardless of whether or not it is authorized or permitted under
this by-law, that is not subject to an Encroachment Agreement.
9.Liability
9.1. The provisions of this by-law shall not be construed as relieving or limiting the
responsibility or liability of any Person who undertakes or causes any activities,
works or Encroachment on any Highway. Likewise the provisions of this by-law
shall not be construed as imposing on the Town, its officers, employees or
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agents, any responsibility or liability by reason of approval or inaction with
respect to any Application, ROP or Encroachment.
9.2. Any item or Encroachment, regardless of whether or not it is authorized or
permitted under this by-law, placed or left on any Highway is at the complete risk
and responsibility of the Person leaving or placing, or causing it to be placed or
left, on the Highway. The Town, its officers, employees or agents, are not
responsible or liable for any repair or replacement of any items, ROP works or
Encroachment removed or damaged as a result of any Town undertakings,
activities, or activities by agents or contractors on behalf of the Town, including
any construction, reconstruction, repair and maintenance activities and clearing
or removing of litter, graffiti, posters, snow or ice, and any other actions taken by
the Town, including any actions taken and the removal of any works or
Encroachments under the authority of this by-law.
9.3. Neither, the granting of any ROP, permission for an Encroachment, approving
any Application, entering into an Encroachment Agreement, nor any renewal or
extension of the above, is intended to and shall not be construed as granting any
property rights over any Highway or Town property, or permission or consent by
the Town to contravene or fail to observe or comply with any laws of Canada or
Ontario or any other by-law of the Town or the Regional Municipality of York.
10.Administration and Enforcement
10.1. The Director shall be responsible for and is delegated the power to administer
and enforce this by-law, including prescribing the content of any forms or other
documents required under this by-law, setting conditions of ROPs and
Encroachment Agreements, permitting Encroachments, issuing any ROPs and
entering into any agreements all as pursuant to this by-law.
10.2. Without limiting anything in this by-law, the Director may process any
Applications subject to any policies or procedures established by the Director,
and may require additional or increased fees to process Applications on urgent or
expedited basis or to conduct additional reviews.
10.3. The Director and Officers of the Town are hereby delegated the authority to
enforce this by-law, including the authority to conduct inspections pursuant to this
by-law, the Act, as amended, and any other applicable by-law or legislation.
10.4. The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
11.Power of Entry, Inspection, Prohibitions
11.1. An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any ROP or agreement issued pursuant to this by-law,
(c) any direction or order under this by-law; or
(d) an order issued under Section 431 of the Act.
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11.2. Where an inspection is conducted pursuant to this Section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any Person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
11.3. No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
11.4. No Person shall fail to comply with, or contravene, any order or direction issued
by the Town pursuant to this by-law or the Act.
11.5. Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
Person, they may require the name, address and proof of identity of that Person,
and the Person shall supply the required information.
11.6. No Person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant to
this by-law.
11.7. No Person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
12.Orders
12.1. Where any Officer is satisfied that a contravention of this by-law has occurred,
such Officer may make an order requiring the Person who caused or permitted
such contravention, or the Owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity and/or to do work
to correct the contravention.
12.2. An order pursuant to Subsection 12.1 shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to
be seized and/or actions or work to be done);
the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
information regarding the Town's contact Person.
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12.3. An order pursuant to Subsection 12.1 shall be deemed to have been received
upon:
(a) Personal service of the order to the Person being served; or
(b) the fifth (5th) day after the order is sent by registered mail to the last known
address of the Person who is subject to the order.
13.Remedial Action and Cost Recovery
13.1. Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any Person within a specified time period, in default
of it being done by the Person directed or required to do it, the action may be
taken under the direction of the Director or an Officer at that Person’s expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
13.2. For the purposes of taking remedial action under Subsection 13.1, the Town, its
staff and/or its agents may enter, at any reasonable time, upon any lands on
which a default to carry out a required thing or matter occurred.
13.3. Without limiting anything in this by-law, the Director may undertake, or cause to
be done, any action deemed necessary by the Director to correct and/or remedy
anything resulting from the operations or activities that were conducted with
respect to a ROP or an Encroachment Agreement at the expense of the Person
responsible for or holding the associated ROP or Encroachment Agreement.
13.4. Where a security has been provided to the Town with respect to a ROP or an
Encroachment Agreement permit, the Town may:
(a) draw upon or use such security to recover any costs incurred by the Town
to remedy or address any contravention of this by-law, any non-
compliance with an order issued pursuant to this by-law or any
contravention of any term or condition of a ROP or Encroachment
Agreement;
(b) upon the failure by the Person subject to a ROP or Encroachment
Agreement to complete all or part of the works in the time stipulated in any
such ROP or Encroachment Agreement, draw upon the securities
deposited and use the funds to arrange for the completion of the said
works, or any part thereof;
(c) upon the failure by the Person subject to a ROP or Encroachment
Agreement to install, repair, maintain or decommission a specific part of
the works as requested by the Town, draw upon the securities deposited
and use the funds to arrange for the completion of the said works, or any
part thereof;
(d) in the case of emergency repairs or clean-up, undertake the necessary
works at the expense of the Person subject to a ROP or Encroachment
Agreement and draw upon the securities to pay for such works or
reimburse itself for any resulting costs incurred by the Town;
(e) upon the failure by the Person subject to a ROP or Encroachment
Agreement to restore a Highway to a condition satisfactory to the Director
where a ROP or Encroachment Agreement has expired, been cancelled or
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By-law Number XXXX-20 Page 19 of 20
revoked, draw upon or use such security to recover any costs incurred by
the Town to restore the site to the Director’s satisfaction.
14.Offences and Penalties
14.1. Every Person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended.
14.2. Every Person who contravenes any order issued pursuant to this by-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
14.3. If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence and upon conviction is liable to a fine
as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
14.4. Pursuant to Subsection 429(2) of the Act, all contraventions of this by-law or
orders issued under this by-law are designated as multiple offences and
continuing offences. If a contravention of any provision of this by-law has not
been corrected, or an order issued under this by-law has not been complied with,
the contravention of such a provision or an order shall be deemed to be a
continuing offence for each day or part of a day that the contravention remains
uncorrected or an order not complied with. A multiple offence is an offence in
respect of two (2) or more acts or omissions each of which separately constitutes
an offence and is a contravention of the same provision of this by-law.
14.5. In addition to fines under this Section, a Person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a Person obtained from the contravention of this by-
law.
14.6. Where a Person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the Person convicted.
15.Administrative Penalties
15.1. Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended, for a breach of any provision of this by-law, an individual
authorized to enforce this by-law on behalf of the Town may issue an
administrative penalty to the Person who has contravened this by-law.
15.2. Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative
penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
15.3. The amount of the administrative penalty for a breach of a provision of this by-
law, shall be as established pursuant to applicable Town by-laws.
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15.4. A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in the applicable Town by-laws relating to
administrative penalties.
15.5. An administrative penalty imposed on a Person pursuant to this by-law that is not
paid within fifteen (15) days after the day it becomes due and payable,
constitutes a debt of the Person to the Town and may be added to a municipal
tax roll and collected in the same manner as municipal taxes.
16.Interpretation
16.1. In this by-law, unless the context otherwise requires, words importing the singular
number shall include the plural and words importing the masculine gender shall
include the feminine.
17.Severability
17.1. If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
18.Repeal
18.1. By-laws Number 4734-05.P, Number 4744-05.P and Number 5733-15, all as
amended, are hereby repealed.
19.Short Title
19.1. This by-law shall be known and may be cited as the “Occupancy and
Encroachment of Highways By-law”.
20.Effective Date
20.1. This by-law comes into full force and effect on the date of final passage hereof.
Enacted by Town of Aurora Council this 27th day of October, 2020.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 92 of 94
The Corporation of the Town of Aurora
By-law Number XXXX-20
Being a By-law to exempt Block 26 on Plan 65M-4467 from
Part-Lot Control (Country Wide Homes at Aurora Inc.).
Whereas subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the
“Act”), provides that the council of a local municipality may by by-law provide that the part-
lot control provisions in subsection 50(5) of the Act, does not apply to the land that is
within a registered plan of subdivision as is designated in the by-law;
And whereas on May 8, 2018, the Council of The Corporation of the Town of Aurora (the
“Town”) enacted By-law Number 6075-18, being a by-law to exempt Block 26 on Plan
65M-4467 from part-lot control;
And whereas on May 8, 2020, By-law Number 6075-18 expired;
And whereas the Council of the Town deems it necessary and expedient to enact a by-
law to exempt Block 26 on Plan 65M-4467 from those provisions of the Act dealing with
part-lot control;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts
as follows:
1. Subsection 50(5) of the Act shall not apply to the following lands, all situated in
the Town of Aurora, Regional Municipality of York:
Block 26 on Plan 65M-4467,designed at Parts 1 to 17 on Plan 65R-37605.
2. A copy of this by-law shall be registered in the appropriate Land Registry Office
on title to the lands set out herein.
3. This by-law shall come into full force and effect upon final passage hereof, shall
remain in force and effect for a period of two (2) years from the date of its
passing, and shall expire on the 27th day of October, 2022.
Enacted by Town of Aurora Council this 27
th day of October, 2020.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 93 of 94
The Corporation of The Town of Aurora By-law Number XXXX-20 Being a By-law to confirm actions by Council resulting from a Council meeting on October 27, 2020. The Council of the Corporation of The Town of Aurora hereby enacts as follows:
1. That the actions by Council at its Council meeting held on October 27, 2020, in
respect of each motion, resolution and other action passed and taken by the
Council at the said meeting is hereby adopted, ratified and confirmed.
2. That the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
Enacted by Town of Aurora Council this 27th day of October, 2020.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
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