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Minutes - Council - 20240326 Town of Aurora Council Meeting Minutes Date: Time: Location: Tuesday, March 26, 2024 7 p.m. Council Chambers, Aurora Town Hall Council Members: Mayor Tom Mrakas (Chair) Councillor Ron Weese Councillor Rachel Gilliland Councillor Wendy Gaertner Councillor John Gallo Councillor Harold Kim (arrived at 7:31 p.m.) Members Absent: Councillor Michael Thompson Other Attendees: Doug Nadorozny, Chief Administrative Officer Patricia De Sario, Director, Corporate Services/Town Solicitor Robin McDougall, Director, Community Services Marco Ramunno, Director, Planning and Development Services Sara Tienkamp, Director, Operational Services Rachel Wainwright-van Kessel, Director, Finance Carley Smith, Manager, Corporate Communications Michael de Rond, Town Clerk Emily Freitas, Council/Committee Coordinator _____________________________________________________________________ 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 territory of the Chippewas of Georgina Island, recognizing the many other Nations whose presence here continues to this day, Council Meeting Minutes Tuesday, March 26, 2024 2 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 Gaertner Seconded by Councillor Weese That the agenda as circulated by Legislative Services be approved. Yeas (5): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Absent (2): Councillor Thompson, and Councillor Kim Carried (5 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 Steve Fleck, Resident; Re: Item 8.7.1 - PDS24-013 - Active Transportation Master Plan Draft Report Presentation Steve Fleck expressed support for the Active Transportation Master Plan and urged Council to implement the plan. Moved by Councillor Gaertner Seconded by Councillor Weese That the comments of the delegation be received and referred to item 8.7.1. Council Meeting Minutes Tuesday, March 26, 2024 3 Yeas (5): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Absent (2): Councillor Thompson, and Councillor Kim Carried (5 to 0) 7. Consent Agenda Moved by Councillor Gaertner Seconded by Councillor Gallo That the Consent Agenda, items 7.1 to 7.8 inclusive, be approved. Yeas (5): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Absent (2): Councillor Thompson, and Councillor Kim Carried (5 to 0) 7.1 Council Meeting Minutes of February 27, 2024 1. That the Council Meeting Minutes of February 27, 2024, be adopted as circulated. Carried 7.2 Special Meeting of Council Minutes of February 27, 2024 1. That the Special Meeting of Council Minutes of February 27, 2024, be adopted as circulated. Carried 7.3 Council Closed Session Minutes of February 20, 2024 (confidential attachment) 1. That the Council Closed Session Minutes of February 20, 2024, be adopted as circulated. Carried Council Meeting Minutes Tuesday, March 26, 2024 4 7.4 Council Closed Session Public Meeting Minutes of February 20, 2024 1. That the Council Closed Session Public Meeting Minutes of February 20, 2024, be adopted as circulated. Carried 7.5 Council Closed Session Minutes of March 5, 2024 (confidential attachment) 1. That the Council Closed Session Minutes of March 5, 2024, be adopted as circulated. Carried 7.6 Council Closed Session Public Meeting Minutes of March 5, 2024 1. That the Council Closed Session Public Meeting Minutes of March 5, 2024, be adopted as circulated. Carried 7.7 Central York Fire Services Joint Council Committee Meeting Minutes of October 3, 2023 1. That the Central York Fire Services Joint Council Committee Meeting Minutes of October 3, 2023, be received for information. Carried 7.8 Central York Fire Services Joint Council Committee Meeting Minutes of November 7, 2023 1. That the Central York Fire Services Joint Council Committee Meeting Minutes of November 7, 2023, be received for information. Carried 8. Committee of the Whole Meeting Report of March 5, 2024 Moved by Councillor Gaertner Seconded by Councillor Gallo That the Committee of the Whole Meeting Report of March 5, 2024, be received and the recommendations carried by the Committee approved, with the Council Meeting Minutes Tuesday, March 26, 2024 5 exception of sub-item 8.8.1, which was discussed and voted on separately as recorded below. Yeas (5): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Absent (2): Councillor Thompson, and Councillor Kim Carried (5 to 0) 8.1 Advisory Committee Meeting Minutes 8.1.1 Heritage Advisory Committee Meeting Minutes of February 12, 2024 1. That the Heritage Advisory Committee Meeting Minutes of February 12, 2024, be received for information. Carried 8.1.2 Financial Advisory Committee Meeting Minutes of February 13, 2024 1. That the Financial Advisory Committee Meeting Minutes of February 13, 2024, be received for information. Carried 8.1.3 Accessibility Advisory Committee Meeting Minutes of February 14, 2024 1. That the Accessibility Advisory Committee Meeting Minutes of February 14, 2024, be received for information. Carried 8.2 Community Services Committee Agenda None. 8.3 Corporate Services Committee Agenda None. Council Meeting Minutes Tuesday, March 26, 2024 6 8.4 Finance and Information Technology Committee Agenda 8.4.1 FIN24-010 - Statement of Remuneration and Expenses for Members of Council, Committees and Local Boards 1. That Report No. FIN24-010 be received for information. Carried 8.4.2 FIN24-011 - 2024 Development Charges Study and By-law Final Approval 1. That Report No. FIN24-011 be received; and 2. That the Development Charges Background Study report presented at the Special Meeting of Council held on February 6, 2024, be adopted; and 3. That that no further public meetings are required under section 12 of the Development Charges Act, 1997; and 4. That Council confirms that it intends to ensure: 1. that the increase in the need for services attributable to the anticipated development will be met, subject to sufficient development charge revenues being generated and other Town affordability criteria being met; and 2. that the future excess capacity identified in the Development Charges Background Study for the Town of Aurora shall be paid for by the development charges or other similar charges 5. That the capital forecasts prepared in conjunction with the Development Charges Background Study for the Town of Aurora subject to each project or undertaking set out therein being subject to annual operating and capital budget approval processes of the corporation be adopted; and 6. That the Town continue the development charge approach to calculate the charges on a uniform Town-wide basis for all services; and Council Meeting Minutes Tuesday, March 26, 2024 7 7. That the proposed bylaw included with the Development Charges Background Study, as amended, being a bylaw for the imposition of development charges, be enacted March 26, 2024, which also repeals By-law No. 6166-19 and 6357-21, the predecessor bylaws. Carried 8.5 Administration Committee Agenda 8.5.1 CAO24-004 - Policy to Address Copyright of Altering Town Images 1. That Report No. CAO24-004 be received; and 2. That Council support staff findings that the current framework in place is robust and provides substantial coverage for protecting the Town’s intellectual property rights. Carried 8.6 Operational Services Committee Agenda None. 8.7 Planning and Development Services Committee Agenda 8.7.1 PDS24-013 - Active Transportation Master Plan Draft Report Presentation 1. That Report No. PDS24-013 be received; and 2. That a presentation on the draft Active Transportation Master Plan by WSP Canada Inc. be received; and 3. That a future staff report be presented to Council to seek endorsement of the finalized Active Transportation Master Plan. Carried Council Meeting Minutes Tuesday, March 26, 2024 8 8.8 Member Motions 8.8.1 Councillor Gilliland; Re: Digital Data Governance and Smart Technology Whereas the Federal government launched a national Smart Cities Challenge in 2017 in an effort to make communities smarter by using data and connected technology; and Whereas towns and cities across the country are transitioning to a data-driven culture to connect, integrate, empower and engage; and Whereas smart city initiatives focus on shifting digital goals into the public realm including infrastructure, closed-circuit television (CCTV), street furniture, public facing services and programs; and Whereas the Town is implementing digital initiatives such as free public Wi-Fi in designated areas, digital services through the Town's website, the library, Aurora Town Square, apps and other platforms; and Whereas recent smart city policy polls in Ontario suggest that 80% of people are concerned with the use, collection and management of data, and data privacy associated with smart city technologies and third-party contractors; and Whereas the Town may benefit from developing a digital governance framework such as a digital data charter centered on human rights and privacy-enhancing technologies (PET) to ensure the ethical and responsible collection, management and use of data focusing on privacy rights, transparency and consent; and Whereas cyber security insurance rates are up an average of 35% applied to those who do not have strong data privacy policies and/or a digital data governance framework related to smart technologies that collect or retain personal data including images, recordings, and third-party stakeholders; Main motion Moved by Councillor Gilliland Seconded by Councillor Gaertner Council Meeting Minutes Tuesday, March 26, 2024 9 1. Now Therefore Be It Hereby Resolved That staff report back to Council with the feasibility of developing a digital governance framework such as a digital data charter centered on human rights and privacy-enhancing technologies (PET) to ensure the ethical and responsible collection, management and use of data focusing on privacy rights, transparency and consent. Amendment Moved by Councillor Gilliland Seconded by Councillor Weese That the main motion be amended by adding the following clause: Be It Further Resolved That staff report back to Council for direction prior to investing, installing or integrating technology, owned by the Town or managed by a third party, that is capable of identification of persons through image recognition technology. Yeas (5): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Absent (2): Councillor Thompson, and Councillor Kim Carried (5 to 0) Main motion as amended Moved by Councillor Gilliland Seconded by Councillor Gaertner 1. Now Therefore Be It Hereby Resolved That staff report back to Council with the feasibility of developing a digital governance framework such as a digital data charter centered on human rights and privacy-enhancing technologies (PET) to ensure the ethical and responsible collection, management and use of data focusing on privacy rights, transparency and consent; and 2. Be It Further Resolved That staff report back to Council for direction prior to investing, installing or integrating technology, owned by the Town or managed by a third party, that is capable Council Meeting Minutes Tuesday, March 26, 2024 10 of identification of persons through image recognition technology. Yeas (5): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Absent (2): Councillor Thompson, and Councillor Kim Carried (5 to 0) 8.9 Regional Report 8.9.1 York Regional Council Highlights of February 22, 2024 1. That the York Regional Council Highlights of February 22, 2024, be received for information. Carried 9. Consideration of Items Requiring Discussion (Regular Agenda) Motion to reconsider - requires only simple majority as per Section 46(h) of the Town’s Procedure By-law No. 6228-19 Moved by Councillor Gallo Seconded by Councillor Gaertner That the motion from the February 27, 2024 Council meeting regarding Council Compensation and the Windrow Removal Program, which was defeated by a tie vote due to an absent member of Council, be reconsidered. Yeas (4): Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Nays (1): Mayor Mrakas Absent (2): Councillor Thompson, and Councillor Kim Carried (4 to 1) 9.1 Member Motion - Councillor Gallo; Re: Windrow Program and Council Compensation Whereas on October 24, 2023 Council passed a resolution regarding Council Compensation; and Council Meeting Minutes Tuesday, March 26, 2024 11 Whereas on September 26, 2023 Council passed a resolution regarding a pilot Snow Windrow Removal program; and Whereas the 2024 budget that was adopted on December 12, 2023 did not reflect either resolution; and Whereas both items were to be funded by the Tax Rate Stabilization Fund; and Whereas as a result of both items being funded by the Tax Rate Stabilization Fund, there is no tax levy increase; Moved by Councillor Gallo Seconded by Councillor Gaertner 1. Now Therefore Be It Hereby Resolved That the 2024 budget be amended to include the total cost of Council Compensation as outlined in the October 24, 2023 resolution; and 2. Be It Further Resolved That the 2024 budget be amended to include the total cost of the windrow program; and 3. Be It Further Resolved That both items be funded from the tax rate stabilization reserve. Yeas (4): Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Nays (2): Mayor Mrakas, and Councillor Kim Absent (1): Councillor Thompson Carried (4 to 2) 10. New Business Councillor Weese inquired about the Town’s proposed delegation to Leksand, Sweden. The Mayor noted that the trip will be postponed to later this year. Councillor Weese discussed the 100th anniversary of the Royal Canadian Air Force on April 1, 2024, and acknowledged the Community Services Department’s contributions to the festivities. Council Meeting Minutes Tuesday, March 26, 2024 12 11. By-laws Moved by Councillor Gallo Seconded by Councillor Gaertner That the By-laws, items 11.1 to 11.5 inclusive, be enacted. Yeas (6): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, Councillor Gallo, and Councillor Kim Absent (1): Councillor Thompson Carried (6 to 0) 11.1 By-law Number 6590-24 - Being a By-law to amend Municipal Waterworks Distribution By-law Number 3305-91, as amended. That By-law item 11.1 be enacted. Carried 11.2 By-law Number 6591-24 - Being a By-law of The Corporation of the Town of Aurora (“Municipality”) to authorize, as a Participating Municipality, the approval of amendments to the ONE Joint Investment Board Agreement and the Records Retention By-Law of ONE Joint Investment Board (“ONE JIB”) in addition to the delegation to the Secretary of ONE JIB of the powers and duties in respect of ONE JIB’s records as set out in the by-law. That By-law item 11.2 be enacted. Carried 11.3 By-law Number 6592-24 - Being a By-law to establish development charges for the Town of Aurora and to repeal By-law Number 6166-19 and By-law Number 6357-21. That By-law item 11.3 be enacted. Carried Council Meeting Minutes Tuesday, March 26, 2024 13 11.4 By-law Number 6593-24 - Being a By-law to establish land on Plan 65M- 3678 as a highway. That By-law item 11.4 be enacted. Carried 11.5 By-law Number 6594-24 - Being a By-law to assume highways on Plan 65M- 4467 for public use and maintenance by The Corporation of the Town of Aurora. That By-law item 11.5 be enacted. Carried 12. Closed Session None. 13. Confirming By-law 13.1 By-law Number 6595-24 - Being a By-law to confirm actions by Council resulting from a Council meeting on March 26, 2024 Moved by Councillor Kim Seconded by Councillor Weese That the confirming by-law be enacted. Carried 14. Adjournment That the meeting be adjourned at 7:39 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk