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MINUTES - Council - 20220920 1 Town of Aurora Council Meeting Minutes Date: Time: Location: Tuesday, September 20, 2022 7 p.m. Council Chambers, Aurora Town Hall Council Members: Mayor Tom Mrakas (Chair) Councillor Harold Kim Councillor Wendy Gaertner* Councillor Sandra Humfryes Councillor Michael Thompson Councillor Rachel Gilliland Councillor John Gallo Other Attendees: Doug Nadorozny, Chief Administrative Officer Luigi Colangelo, Acting Director of Operations Robin McDougall, Director of Community Services Marco Ramunno, Director of Planning and Development Services Techa van Leeuwen, Director of Corporate Services Rachel Wainwright-van Kessel, Director of Finance Daniel Bitonti, Acting Manager, Corporate Communications* Sebastian Contarin, Energy and Climate Change Analyst* Jason Gaertner, Manager, Financial Management* Patricia De Sario, Town Solicitor Michael de Rond, Town Clerk Linda Bottos, Council/Committee Coordinator *Attended electronically _____________________________________________________________________ 1. Call to Order The Mayor called the meeting to order at 7:04 p.m. Council consented to recess the meeting at 7:50 p.m. and reconvened the meeting at 7:55 p.m. 2 2. Land Acknowledgement Mayor Mrakas acknowledged that the meeting took place on Anishinaabe lands, the traditional and Treaty #20 territories of the Chippewas of Georgina Island, recognizing the many other Nations whose presence here continues to this day and the special relationship the Chippewas have with the lands and waters of this territory, and that Aurora has shared responsibility for the stewardship of these lands and waters. It was noted that Aurora is part of the treaty lands of the Mississaugas and Chippewas, recognized through Treaty #13 and the Williams Treaties of 1923. 3. Approval of the Agenda Moved by Councillor Humfryes Seconded by Councillor Thompson That the revised agenda as circulated by Legislative Services be approved. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 4. 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. 5. Community Presentations None. 6. Delegations 6.1 David Tomlinson, former Resident; Re: Motion 10.2 - Councillor Gallo; Re: David Tomlinson Nature Reserve Design David Tomlinson spoke in support of the Motion and expressed concerns regarding part of the proposal for Phase 2 of the Nature Reserve related to the planned regrading of the entire wader shorebird scrape to store water. He advised this would be an unnecessary use of Aurora taxpayer funds and an inappropriate application of the Lake Simcoe Region Conservation 3 Authority policy for online ponds. Mr. Tomlinson suggested an alternate, less expensive plan. Moved by Councillor Humfryes Seconded by Councillor Gallo That the comments of the delegation be received and referred to Motion 10.2. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 7. Consent Agenda Moved by Councillor Humfryes Seconded by Councillor Thompson That the Consent Agenda, items 7.1 to 7.8 inclusive, be approved. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 7.1 Council Meeting Minutes of July 12, 2022 1. That the Council meeting minutes of July 12, 2022, be adopted as circulated. Carried 7.2 Council Closed Session Minutes of July 5, 2022 1. That the Council Closed Session minutes of July 5, 2022, be adopted as circulated. Carried 7.3 Council Closed Session Public Meeting Minutes of July 5, 2022 1. That the Council Closed Session Public meeting minutes of July 5, 2022, be adopted as circulated. Carried 4 7.4 Council Closed Session Minutes of July 12, 2022 1. That the Council Closed Session minutes of July 12, 2022, be adopted as circulated. Carried 7.5 Council Closed Session Public Meeting Minutes of July 12, 2022 1. That the Council Closed Session Public meeting minutes of July 12, 2022, be adopted as circulated. Carried 7.6 FIN22-025 - Q2 2022 Procurement Report (March to June 2022) 1. That Report No. FIN22-025 be received for information. Carried 7.7 PDS22-127 - Corporate Environmental Action Plan 2021 Progress Report 1. That Report No. PDS22-127 be received for information. Carried 7.8 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of July 22, 2022 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of July 22, 2022, be received for information. Carried 8. Standing Committee Reports 8.1 General Committee Meeting Report of September 13, 2022 Moved by Councillor Gilliland Seconded by Councillor Thompson That the General Committee meeting report of September 13, 2022, be received and the recommendations carried by the Committee approved. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 5 8.1.1 Community Presentation - Dr. Jacqueline Benn-John, Executive Director, and Lindsay Carbonero, Board Member, The Women's Support Network of York Region; Re: Request to Endorse Resolution for Increased and Sustainable Funding for Community-based Sexual Assault Support Centres Presentation 1. That the community presentation from The Women’s Support Network of York Region be received; and 2. That Council endorse the draft resolution provided in the presentation; and 3. That a copy of this resolution be sent to all York Region municipalities and the Province of Ontario. Carried 8.1.2 CMS22-037 - Culture and Recreation Grant Update July 2022 Report 1. That Report No. CMS22-037 be received for information. Carried 8.1.3 PDS22-097 - Minor Variance Activity in Stable Neighbourhoods Report 1. That Report No. PDS22-097 be received for information. Carried 8.1.4 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 24, 2022 Memo 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 24, 2022, be received for information. Carried 8.1.5 Mayor's Golf Classic Funds Committee Meeting Minutes of August 18, 2022 Minutes 6 1. That the Mayor's Golf Classic Funds Committee meeting minutes of August 18, 2022, be received for information. Carried 8.1.6 FIN22-027 - Community Benefits Charge (CBC) By-law Report Attachment 1 Attachment 2 Presentation 1. That Report No. FIN22-027 and presentation be received; and 2. That the Community Benefits Charge approach to calculate the charges on a uniform Town-wide basis be adopted; and 3. That the capital project listing as set out in Chapter 4 of the Community Benefits Charge Strategy dated August 11, 2022, be approved subject to further annual review during the budget process; and 4. That a dedicated reserve fund account be established which will hold all Community Benefits Charge collections until they are used for their intended purposes; and 5. That the Community Benefits Charge Strategy dated August 11, 2022, be approved; and 6. That it hereby be determined that no further public consultation is required; and 7. That the Community Benefits Charge By-law as set out in Attachment 2 be approved. Carried 8.1.7 PDS22-123 - Climate Change Adaptation Plan (CCAP) Report Attachment 1 Presentation 1. That Report No. PDS22-123 and presentation be received; and 2. That the attached Town of Aurora Climate Change Adaptation Plan be endorsed; and 3. That the future capital and operating budget requirements as listed in the Plan (Tables 9-12, pages 24-47) be included in the Town’s future capital and operating budgets on a priority basis for consideration as part of the budget process. Carried 7 8.1.8 CMS22-038 - Black History Month - 2023 Report 1. That Report No. CMS22-038 be received; and 2. That a one-time funding request of up to $10,000 to be administered by staff following additional planning and discussions with the local Black Community organizations in support of Black History Month in February 2023, and to be funded from the Tax Rate Stabilization Reserve, be approved. Carried 8.1.9 CS22-041 - 2022 Pending List Review Report Attachment 1 1. That Report No. CS22-041 be received; and 2. That items marked “Completed” be removed from the Pending List. Carried 8.1.10 FIN22-028 - 2022 Yearend Surplus/Deficit Management Bylaw Report Report Attachment 1 1. That Report No. FIN22-028 be received; and 2. That the 2022 yearend surplus/deficit management bylaw to manage the operating budget surplus or deficit through the use of reserves, as detailed in this report, be brought forward to a future Council meeting for approval. Carried 8.1.11 OPS22-017 - Additional Contract Value - Emergency Repairs to the Water Distribution and Sewer Systems Report 1. That Report No. OPS22-017 be received; and 2. That the current contract value of $1,534,000 for A. Donofrio Construction Limited, for Mainline Sewer and Waterline Repairs, 8 be increased by $300,000 for a total contract value of $1,834,000, excluding taxes. Carried 8.1.12 OPS22-018 - Contract Value Increase Required for Black & McDonald Street Light Maintenance Services Report 1. That Report No. OPS22-018 be received; and 2. That the current contract value of $717,500 for Street Light Maintenance Services with Black & McDonald be increased by $200,000, for a total contract value of $917,500, excluding taxes. Carried 9. Consideration of Items Requiring Discussion (Regular Agenda) None. 10. Motions Council consented to consider Motion 10.2 prior to consideration of Motion 10.1. 10.1 Councillor Gallo; Re: Armoury Lease Restart Moved by Councillor Gallo Seconded by Councillor Gilliland Whereas at the July 12, 2022 Council Closed Session meeting, Council deliberated and made a decision regarding “4.2. Council Closed Session Report No. CAO22-003 - Armoury Lease Restart”; and Whereas all of Council has continuously proclaimed a culture of openness and transparency with the public; and Whereas the financial implication of the decision taken by Council on July 12, 2022, regarding “…Armoury Lease Restart” will be documented and recorded publicly in future reports and financial statements; and Whereas it is important to communicate how Council spends tax dollars and the details in which Council used to make those decisions; 9 1. Now Therefore Be It Hereby Resolved That the full details and all staff reports regarding “Armoury Lease Restart” be released to the public after attaining the written consent of Niagara College. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 10.2 Councillor Gallo; Re: David Tomlinson Nature Reserve Design Moved by Councillor Gallo Seconded by Councillor Gilliland Whereas in 1999 the Town of Aurora took the bold step to create a 70- hectare Community Nature Reserve between 2 urban expansion zones in the northeast corner of Town; and Whereas construction within the David Tomlinson Nature Reserve was divided into various phases; and Whereas phase one has been completed and is now open to the public, and phase 2 is in the detailed design stage and includes several proposed wetlands (ponds) as well as trails and viewing platforms; and Whereas phase 2 has been designed to comply with Lake Simcoe Region Conservation Authority Policies regarding no proposed online ponds; and Whereas there is inconsistency in the application of the Lake Simcoe Region Conservation Authority Policies in the David Tomlinson Nature Reserve specifically with the design of the wetlands and water flow management; and Whereas the Lake Simcoe Region Conservation Authority Policies have mandated the Town to engineer the phase 2 water management system at great expense to the Town and inconsistent with other existing water management systems in phase 1; 1. Now Therefore Be It Hereby Resolved That staff report to Council at its earliest convenience regarding options for the design of the phase 2 wetland components and costs, more in line with David Tomlinson’s original design intent for the Nature Reserve. 10 Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 10.3 Councillor Gallo; Re: Cannabis Retail Stores in Aurora Moved by Councillor Gallo Seconded by Councillor Gilliland Whereas on January 21, 2019, Aurora Council passed a resolution to opt- in and permit cannabis retail stores within the Town of Aurora; and Whereas in that resolution, Council stated “That staff be authorized to review the Alcohol and Gaming Commission of Ontario’s (“AGCO”) proposed retail store authorization applications for cannabis stores located in Aurora and provide submissions within 15 days of notice of the application”; and Whereas Council also resolved to “…request the AGCO to consider the following restrictions as a matter of public interest when reviewing retail store authorization applications for proposed stores within the Town of Aurora: a) That private cannabis retail stores not be permitted within 150 metres from daycares, nurseries, parks, group homes or addiction and counselling facilities, the Aurora Community Centre, the Aurora Family Leisure Complex, the Stronach Aurora Recreation Complex, the Aurora Public Library and Town Hall and any other similar public gathering uses; b) That private cannabis retail stores not be permitted within 150 metres of each other”; and Whereas the report provided by staff on January 21, 2019, indicated: “Increased funding will be available to those municipalities that permit private cannabis retail stores. On November 20, 2018, the Ministry of Finance confirmed in a letter to the Association of Municipalities of Ontario (“AMO) that the provincial government will provide $40 million over two years through the Ontario Cannabis Legalization Implementation Fund (the “Fund”) as follows: 11  In early January, $15 million will be distributed amongst all municipalities on a per household basis, with each municipality receiving at least $5,000.00 to support municipalities with implementation costs relating to the legalization of cannabis. As set out in more detail in the Financial Implications section of this report, the initial payment apportioned to the Town is $26,324.00.  After the January 22nd deadline, a further payment of $15 million will be distributed so that: ⎼ any municipality that opts out will only receive a further $5,000.00; and ⎼ any municipality that does not opt out will receive further funding on a per household basis, adjusted so that at least $5,000.00 is provided to support the initial costs related to hosting private cannabis retail stores.  Further, $10 million will be set aside to address costs from unforeseen circumstances related to the legalization of recreational cannabis. This amount will be distributed with priority given to those municipalities that have not opted-out. The Ministry has also stated that if Ontario’s portion of the federal excise duty on recreational cannabis over the first two years of legalization exceeds $100 million, the province will provide 50 percent of the surplus only to municipalities that have not opted-out as of January 22, 2019. Therefore, any municipality that does not permit private cannabis retail stores will not receive this further funding.”; 1. Now Therefore Be It Hereby Resolved That staff report back to Council at its earliest convenience and include in a report, but are not limited to: a) Number of retail Cannabis stores in Aurora; b) A full financial accounting of what the Town received directly or indirectly as a result of opting in; c) All written submissions issued by staff to the AGCO after receiving notice of a new Cannabis retail store in Aurora. 12 Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 10.4 Councillor Gaertner; Re: Further Construction Mitigation Measures to Help Highland Gate Residents Moved by Councillor Gaertner Seconded by Councillor Kim Whereas the Geranium construction will likely continue for several years; and Whereas it is appropriate and responsible to help area residents mitigate quality of life impacts; 1. Now Therefore Be It Hereby Resolved That Council direct that the following issues be immediately addressed by staff through mitigation measures by the Town and the developer: a) dust clouds caused by sweeper trucks merely moving dust around; b) road cleaning trucks using minimal water that does nothing to improve roads, rather leaves a mess of muck; c) loud banging of tailgates after truckloads are emptied; d) fast trucks moving that swirl up the dust; e) truckloads of earth that are not covered sufficiently; f) safety measures in place when trucks are using streets therefore hindering traffic and pedestrian movement; g) communication to residents before the fact on what is happening in their area; and h) any other measures suggested by staff and Council on concerns received from residents. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 13 11. New Business Councillor Gaertner referred to Standing Committee Reports sub-item 8.1.6, FIN22-027 - Community Benefits Charge (CBC) By-law, and inquired about several aspects of the report and by-law, and staff provided clarification. She further commented on the timing of the report. Councillor Gilliland referred to Motion 10.4, Further Construction Mitigation Measures to Help Highland Gate Residents, and inquired about the delegated authority of staff to act on the provisions of the subdivision agreement if needed, and staff provided a response. Councillor Gallo expressed wishes for the best of luck to all Aurora candidates in the upcoming municipal election. Mayor Mrakas offered good luck to the Councillors in the upcoming election. 12. By-laws 12.1 By-law Number 6450-22 - Being a By-law to establish an Administrative Monetary Penalty System in the Town of Aurora. 12.2 By-law Number 6451-22 - Being a By-law to establish the positions of screening and hearing officers for the purposes of administration of an administrative monetary penalty system within the Town of Aurora. 12.3 By-law Number 6452-22 - Being a By-law to amend By-law Number 4574- 04.T, as amended, to regulate parking and traffic in the Town of Aurora (Administrative Monetary Penalty System). 12.4 By-law Number 6453-22 - Being a By-law to amend By-law Number 6228-19, as amended, to govern the proceedings of Council and Committee meetings of the Town of Aurora. 12.5 By-law Number 6454-22 - Being a By-Law of The Corporation of the Town of Aurora to require the payment of community benefits charges within the Town of Aurora. 12.6 By-law Number 6455-22 - Being a By-law to allocate any 2022 Operating Fund surplus and any 2022 Water, Wastewater, and Stormwater Operating Fund surplus or deficit. 14 12.7 By-law Number 6456-22 - Being a By-law to exempt Block 1 on Plan 65M- 4721 from part-lot control (PLC-2022-01). 12.8 By-law Number 6457-22 - Being a By-law to assume highways on Plan 65M- 4461 for public use and maintenance by The Corporation of the Town of Aurora (D12-02-11/SUB-2011-02). 12.9 By-law Number 6458-22 - Being a By-law to assume highways on Plan 65M- 4469 for public use and maintenance by The Corporation of the Town of Aurora (SUB-2012-01/D12-01-12). Moved by Councillor Thompson Seconded by Councillor Kim That the By-laws, items 12.1 to 12.9 inclusive, be enacted. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 13. Closed Session None. 14. Confirming By-law 14.1 By-law No. 6459-22 Being a By-law to confirm actions by Council resulting from a Council meeting on September 20, 2022 Moved by Councillor Thompson Seconded by Councillor Kim That the confirming by-law be enacted. Carried 15. Adjournment Moved by Councillor Kim Seconded by Councillor Gallo That the meeting be adjourned at 9:05 p.m. Carried 15 Tom Mrakas, Mayor Michael de Rond, Town Clerk