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MINUTES - Special Council - 20221122 1 Town of Aurora Special Meeting of Council Minutes Date: Time: Location: Tuesday, November 22, 2022 7 p.m. Council Chambers, Aurora Town Hall Council Members: Mayor Tom Mrakas (Chair) Councillor Wendy Gaertner Councillor John Gallo Councillor Rachel Gilliland Councillor Harold Kim Councillor Michael Thompson Councillor Ron Weese Other Attendees: Doug Nadorozny, Chief Administrative Officer Marco Ramunno, Director of Planning and Development Services Jason Gaertner, Acting Director of Finance Daniel Bitonti, Acting Manager, Corporate Communications* Sebastian Contarin, Energy and Climate Change Analyst* 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 7:01 p.m. 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 2 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 Thompson Seconded by Councillor Gilliland That the agenda as circulated by Legislative Services be approved including the Motions listed on the agenda. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese On a two-thirds majority vote the motion 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. Delegations None. 6. Consideration of Items Requiring Discussion 6.1 PDS22-139 - Regional Official Plan 2022, Minister of Municipal Affairs and Housing Approval Moved by Councillor Thompson Seconded by Councillor Gallo 1. That Report No. PDS22-139 be received; and 2. That a study be undertaken as part of the Official Plan Review in respect of land use planning policies relating to 1289 Wellington Street East to determine the appropriate land use, density, and height for this property; and 3 3. That an Interim Control By-law be enacted for 1289 Wellington Street East to determine the appropriate land use, density, and height for this property. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese Carried (7 to 0) 6.2 PDS22-138 - Bill 23 Proposed Omnibus Legislation Summary Moved by Councillor Gallo Seconded by Councillor Kim 1. That Report No. PDS22-138 be received for information. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese Carried (7 to 0) 7. Motions 7.1 Mayor Mrakas; Re: Modifications to York Region Official Plan Main motion Moved by Councillor Thompson Seconded by Councillor Weese Whereas the Province on November 4, 2022, approved the York Region Official Plan with 80 modifications; and Whereas these modifications to the Regional Official Plan have been made by the Minister including two in the Town of Aurora; and Whereas these modifications have been made without consultation or support by the Town of Aurora; and Whereas Section 4.2 is modified by adding a new policy subsection after policy 4.2.29, titled "Special Provisions", followed by new policies: “4.2.30 Special provisions for the lands known municipally as 1289 Wellington Street East in the City of Aurora (PIN 036425499). Notwithstanding any other policies in this Plan to the contrary, the minimum density target to be achieved is 330 units per hectare and minimum building height of 12 storeys."; 4 1. Now Therefore Be It Hereby Resolved That the Town of Aurora opposes the modification by the Minister of Municipal Affairs and Housing for the lands known municipally as 1289 Wellington Street East in the Town of Aurora (PIN 036425499); and 2. Be It Further Resolved That the Town of Aurora requests the Minister to revoke special provision 4.2.30 to allow for the normal planning process to occur, as the Modification to the Regional Official Plan is contrary to the planning applications (OPA and ZBA) currently before the OLT (case files: OLT-22-004187 and OLT-22-004188); and 3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honorable Sylvia Jones, Deputy Premier of Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Peter Tabuns, Interim Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and 4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Amendment Moved by Councillor Thompson Seconded by Councillor Gilliland That the main motion be amended by adding the following clause: “Be It Further Resolved That a letter be submitted to The Honourable Doug Ford, Premier of Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, The Honourable Michael Parsa, Associate Minister of Housing and MPP Aurora— Oak Ridges—Richmond Hill, and Dawn Gallagher Murphy, MPP Newmarket—Aurora, expressing our disappointment with the lack of consultation and communication with the Town of Aurora and requesting that an explanation as to why this significant change was warranted be provided.” Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese Carried (7 to 0) 5 Main motion as amended Moved by Councillor Thompson Seconded by Councillor Weese Whereas the Province on November 4, 2022, approved the York Region Official Plan with 80 modifications; and Whereas these modifications to the Regional Official Plan have been made by the Minister including two in the Town of Aurora; and Whereas these modifications have been made without consultation or support by the Town of Aurora; and Whereas Section 4.2 is modified by adding a new policy subsection after policy 4.2.29, titled "Special Provisions", followed by new policies: “4.2.30 Special provisions for the lands known municipally as 1289 Wellington Street East in the City of Aurora (PIN 036425499). Notwithstanding any other policies in this Plan to the contrary, the minimum density target to be achieved is 330 units per hectare and minimum building height of 12 storeys."; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora opposes the modification by the Minister of Municipal Affairs and Housing for the lands known municipally as 1289 Wellington Street East in the Town of Aurora (PIN 036425499); and 2. Be It Further Resolved That the Town of Aurora requests the Minister to revoke special provision 4.2.30 to allow for the normal planning process to occur, as the Modification to the Regional Official Plan is contrary to the planning applications (OPA and ZBA) currently before the OLT (case files: OLT-22-004187 and OLT-22-004188); and 3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honorable Sylvia Jones, Deputy Premier of Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Peter Tabuns, Interim Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and 4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration; and 6 5. Be It Further Resolved That a letter be submitted to The Honourable Doug Ford, Premier of Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, The Honourable Michael Parsa, Associate Minister of Housing and MPP Aurora—Oak Ridges— Richmond Hill, and Dawn Gallagher Murphy, MPP Newmarket—Aurora, expressing our disappointment with the lack of consultation and communication with the Town of Aurora and requesting that an explanation as to why this significant change was warranted be provided. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese Carried (7 to 0) 7.2 Mayor Mrakas; Re: Opposition to Bill 23, More Homes Built Faster Act, 2022 Main motion Moved by Councillor Thompson Seconded by Councillor Gilliland Whereas Bill 23, the More Homes Built Faster Act, omnibus legislation that received first reading in the provincial legislature on October 25, 2022, proposes changes to nine Acts. Many of these proposed changes are significant and will restrict how municipalities manage growth through implementation of the official plan and the ability to provide essential infrastructure and community services; and Whereas the effect of Bill 23 is that the Conservation Authority will no longer be able to review and comment on development applications and supporting environmental studies on behalf of a municipality; and Whereas Bill 23 proposes to freeze, remove, and reduce development charges, community benefits charges, and parkland dedication requirements; and Whereas Bill 23 will remove all aspects of Site Plan Control of some residential development proposals up to 10 units. Changes would also remove the ability to regulate architectural details and aspects of landscape design; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora oppose Bill 23, More Homes Built Faster Act, 2022, which in its 7 current state will severely impact environmental protection, heritage preservation, public participation, and a municipality's ability to provide future services, amenities, and infrastructure, and negatively impact residential tax rates; and 2. Be It Further Resolved That the Town of Aurora call upon the Government of Ontario to halt the legislative advancement of Bill 23, More Homes Built Faster Act, 2022 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision- making for housing growth that meets local needs will be reasonably achieved; and 3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Michael Parsa, Associate Minister of Housing, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Peter Tabuns, Interim Leader of the New Democratic Party, local Members of Parliament Tony Van Bynen for Newmarket—Aurora and Leah Taylor Roy for Aurora—Oak Ridges—Richmond Hill, and all MPPs in the Province of Ontario; and 4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Amendment Moved by Councillor Gaertner Seconded by Councillor Gallo That the main motion be amended by adding the words "loss of farmland" to the first clause. Carried Main motion as amended Moved by Councillor Thompson Seconded by Councillor Gilliland Whereas Bill 23, the More Homes Built Faster Act, omnibus legislation that received first reading in the provincial legislature on October 25, 2022, proposes changes to nine Acts. Many of these proposed changes are significant and will restrict how municipalities manage growth through 8 implementation of the official plan and the ability to provide essential infrastructure and community services; and Whereas the effect of Bill 23 is that the Conservation Authority will no longer be able to review and comment on development applications and supporting environmental studies on behalf of a municipality; and Whereas Bill 23 proposes to freeze, remove, and reduce development charges, community benefits charges, and parkland dedication requirements; and Whereas Bill 23 will remove all aspects of Site Plan Control of some residential development proposals up to 10 units. Changes would also remove the ability to regulate architectural details and aspects of landscape design; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora oppose Bill 23, More Homes Built Faster Act, 2022, which in its current state will severely impact environmental protection, heritage preservation, public participation, loss of farmland, and a municipality's ability to provide future services, amenities, and infrastructure, and negatively impact residential tax rates; and 2. Be It Further Resolved That the Town of Aurora call upon the Government of Ontario to halt the legislative advancement of Bill 23, More Homes Built Faster Act, 2022 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision- making for housing growth that meets local needs will be reasonably achieved; and 3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Michael Parsa, Associate Minister of Housing, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Peter Tabuns, Interim Leader of the New Democratic Party, local Members of Parliament Tony Van Bynen for Newmarket—Aurora and Leah Taylor Roy for Aurora—Oak Ridges—Richmond Hill, and all MPPs in the Province of Ontario; and 4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. 9 Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese Carried (7 to 0) 8. By-laws 8.1 By-law Number 6462-22 - Being a By-law to impose interim controls on the use of land, buildings, or structures within a certain area of the Town of Aurora (1289 Wellington Street East). Moved by Councillor Kim Seconded by Councillor Gallo That the By-laws item 8.1 be enacted. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Kim, Councillor Thompson, and Councillor Weese Carried (7 to 0) 9. Confirming By-law 9.1 By-law Number 6463-22 - Being a By-law to confirm actions by Council resulting from a Special Meeting of Council on November 22, 2022 Moved by Councillor Gilliland Seconded by Councillor Weese That the confirming by-law be enacted. Carried 10. Adjournment Moved by Councillor Gaertner Seconded by Councillor Kim That the meeting be adjourned at 8:24 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk 10