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MINUTES - General Committee - 20041025 TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING REPORT NO. 04-21 Leksand Room Aurora Town Hall Monday, October 25, 2004 ATTENDANCE COMMITTEE MEMBERS Mayor Jones in the Chair, Councillors Buck, Gaertner, Hogg, Kean, Vrancic, Wallace and West. MEMBERS ABSENT Councillor Morris was absent due to illness. OTHER ATTENDEES Interim Chief Administrative Officer, Director of Corporate Services/Town Clerk, Administrative Co-ordinator/Deputy Clerk, Town Solicitor and Administrative Assistant to the CAO. Mayor Jones called the meeting to order at 7:06 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor West Seconded by Councillor Buck THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. CARRIED III ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor Kean THAT the provisions of the Procedural By-law be waived to allow for the discussion of amending the Procedural By-law. CARRIED Special General Committee Report No. 04- 21 Page 2 Monday, October 25, 2004 Scott Somerville, Interim Chief Administrative Officer, provided a verbal overview of the considerations necessary to bring the Town of Aurora’s current Procedural By-law #4280-01.C (as amended) into conformity with current Council directed processes, procedures and practices. The following sections were discussed: COUNCIL Section 5.4 (a) - Voting It was determined that an opinion should be presented to Council due to the wording within the Municipal Act with respect to determining the interpretation of the word “immediately” pertaining to recorded votes. Section 7 - Terms of Reference The Committee agreed that the section should be amended to reflect the current practice that the Ad Hoc and Advisory Committee reports are presented directly to Council. Section 9 – Chair The Committee agreed that the intent of the General Committee Meetings is informal and the By-law did not need to be amended in this regard. GENERAL COMMITTEE Section 14 – Reporting The Committee determined that the minutes of the General Committee Meeting should be revised to reflect the wording of the Procedural By-law with recommendations to Council without the mover and seconder of the motions. Section 5 – Rules of Debate Concerns were raised that needless, lengthy commentary is taking place at the General Committee and Council Meetings and that questions should only pertain to the item, for the purpose of obtaining information that was not available prior to the meeting. Concerns were also raised with regards to the time allowed to speak and the Committee agreed that it should be reduced and that delegations should only speak at General Committee Meetings and not at Council Meetings. It was suggested that the position of the Chair is crucial and the rules of the Procedural By-law should be enforced to bring the debate back in line. AD HOC COMMITTEES Section 16 – Terms of Reference The Committee agreed that the section needs to be amended to reflect reporting directly to Council and not through a Standing Committee. Section 18 – Chair The Committee agreed that section 18.2 needs to be amended, however had some concerns with amendments to 18.3 and suggested it be reviewed and the wording be changed to reflect that the Corporate Services Department is responsible for General Committee and Council and the appropriate Department Head along with the Chair of the Committee will be responsible for all other Agendas but should be reviewed by the CAO prior to distribution. Special General Committee Report No. 04- 21 Page 3 Monday, October 25, 2004 Section 23 – Reporting The Committee agreed that the section needs to be amended. ADVISORY COMMITTEES Section 24 – Creation and Disposition The Committee agreed that the section needs to be amended by removing “recommendations” and replacing with “direction”. Section 26 – Membership Councillor Buck requested that this section be reviewed and possibly be amended by taking out the words “invitation of the Chair”. Section 29 – Administrative Support The Committee determined that the administrative support should be appointed by the CAO. Moved by Councillor Vrancic Seconded by Councillor Kean THAT the verbal report of the Interim Chief Administrative Officer be received for information. CARRIED 1. “Room at the Top” – Legal Issues Affecting the Administration and Governance of Municipalities in Ontario Moved by Councillor West Seconded by Councillor Kean THAT the report be received for information. CARRIED 2. The Corporation of the Town of Aurora By-law Number 4280-01.C (as amended) Being a By-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards (Current By-law in effect) Moved by Councillor Vrancic Seconded by Councillor Kean THAT the By-law be received for information. CARRIED 3. The Corporation of the Town of New Tecumseth By-law 2004-027 – “Procedure By-law” (Sample) Moved by Councillor Buck Seconded by Councillor Vrancic THAT the By-law be received for information. CARRIED Special General Committee Report No. 04- 21 Page 4 Monday, October 25, 2004 4. Corporation of the Town of Newmarket By-law Number 2004-167 – A By-law to Govern the Proceedings of Council and Committee Meetings (Sample) Moved by Councillor Vrancic Seconded by Councillor Kean THAT the By-law be received for information. CARRIED IV OTHER BUSINESS, COUNCILLORS Scott Somerville requested that the members of the Committee review the sample By-laws provided at this meeting and advise the Clerk’s Department of any suggested amendments not discussed at this meeting. The committee suggested checking with all committee members regarding the possibility of revising the meeting schedule, as well as having one less General Committee Meeting per month. Scott Somerville requested that Legal Services provide their input with respect to amending the Procedural By-law in order to enable Council to have a private assembly without violating the Municipal Act. A Notice of Motion will be given at the October 26th Council Meeting in this regard, a report will be presented at the November 2nd General Committee Meeting and Corporate Services will provide notice for the amendment to the By- law. Councillor Hogg requested a legal opinion with regards to email circulation and when, or if it would be considered a meeting of Council and should there be a provision in the Procedural By-law in this regard. Bob Panizza suggested that the Committee review section 3.12 of the Procedural By-law regarding the use of the “Other Business” portion at Council and General Committee Meetings. Mr. Panizza indicated that this section was intended for announcements or quick answers to issues from staff. It was further suggested that if members of Council are seeking reports, that a memo from Councillors be submitted for inclusion on the agenda or, alternatively, members provide a Notice of Motion on the issue. VII ADJOURNMENT Moved by Councillor Hogg THAT the meeting be adjourned at 9:00 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 04-21 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, NOVEMBER 9, 2004. ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK