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AGENDA - General Committee - 20060502GENERAL COMMITTEE AGENDA NO.06-09 TUESDAY, MAY 2, 2006 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN NALL 4L+ PUBLIC RELEASE 28/04/06 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 06-09 Tuesday, May 2, 2006 7:00 p.m. Councillor Morris in the Chair. I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. 111 DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS (a) Ms Lovanna Sanders, President of Blue Hills Child (pg. D-1) and Family Centre Re: Request for Support Vl CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION General Committee Meeting No. 06-09 Tuesday, May 2, 2006 Page 2 of 5 Vll OTHER BUSINESS, COUNCILLORS Vlll IN -CAMERA Property Matter RECOMMENDED: THAT this Committee proceed In -Camera to address a property matter. 1X ADJOURNMENT General Committee Meeting No. 06-09 Page 3 of 5 Tuesday, May 2, 2006 AGENDA ITEMS 1. FS06-013 - Municipal Property Tax Rates for 2006 (pg. 1) RECOMMENDED: THAT Report FS06-013 "Municipal Property Tax Rates for 2006" be received; and THAT the 2006 property tax rates to be applied to the 2005 Assessment Roll as returned for taxable properties in the 2006 taxation year be set for Town of Aurora services as follows: Property Class Tax Class Tax Rate Residential Taxable: Full Rate RT 0.345631 % Multi -Residential Taxable: Full Rate MT 0.345631 % Commercial Taxable: Full Rate CT 0.417176% Commercial Taxable: Excess Land Rate CU 0.292023% Commercial Taxable: Vacant Land Rate CX 0.292023% Shopping Centres Taxable: Full Rate ST 0.417176% Shopping Centres Taxable: Excess Land Rate SU 0.292023% Industrial Taxable: Full Rate IT 0.474793% Industrial Taxable Full — Shared as PIL IH 0.474793% Industrial Taxable: Excess Land Rate IU 0.308615% Industrial Taxable: Vacant Land Rate IX 0.308615% Industrial Taxable: Farmland 1 Rate 11 0.086408% Large Industrial Taxable: Full Rate LT 0.474793% Pipeline Taxable: Full Rate PT 0.317635% Farm Taxable: Full Rate FT 0.086408% Managed Forests Taxable: Full Rate TT 0.086408% THAT the 2006 property tax rates to be applied to the 2005 Assessment Roll as returned for payments -in -lieu in the 2006 taxation year be set for Town of Aurora services as follows: Property Class Residential PIL: General Rate Commercial PIL: Full Rate Commercial PIL: General Rate Commercial PIL: Tenant of the Province Industrial PIL: Full Rate Tax Class Tax Rate RG 0.345631 % CF 0.417176% CG 0.417176% CID 0.417176% IF 0.474793% General Committee Meeting No. 06-09 Tuesday, May 2, 2006 Page 4 of 5 THAT By-law 4796-065 establishing the 2006 tax rates for the Town of Aurora be approved and given three readings at the May 9, 2006 Council Meeting. 2. PL06-053 — Budget Increase for Official Plan Updates (pg. 9) RECOMMENDED: THAT Council authorize a budget increase of $4,312.50 plus GST for the completion of the Official Plan Updates with funds to be provided from account 08101-5043 Growth Related Studies. 3. PL06-054 — Proposed Natural Heritage Study 2C Planning Area - (pg. 14) Budget Increase RECOMMENDED: THAT Council authorize a budget increase of $3,840.00 plus GST for the completion of the Natural Heritage Evaluation for the 2C Planning Area with funds to be provided from account 08101-5043 Growth Related Studies. 4. PL06-055— Issues Related to New Housing Forms in Existing (pg. 17) Neighbourhoods RECOMMENDED: THAT Report PL06-055 relating to new housing forms in existing neighbourhoods be received for information. 5. Memo from Councillor West (pg. 21) Re: Town Notice Board Newspaper Ads RECOMMENDED: THAT Committee provide direction on this matter. 6. CS06-023— Council Pending List — Status Report (pg. 22) RECOMMENDED: THAT Report CS06-023 be received for information purposes. General Committee Meeting No. 06-09 Tuesday, May 2, 2006 Page 5 of 5 7. Memo from Director of Leisure Services (pg. 51) Re: Commercial Building Incentive Program — Ministry of Natural Resources RECOMMENDED: THAT Committee receive the memo for information. 8. ADM06-005 - Procedural By-law Amendments (pg. 52) RECOMMENDED: THAT Report ADM06-005 be received; and THAT the revised by-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards attached to this report be enacted by Council; and THAT a Procedural Orientation Session be held within the first three months of each new term of Council for members of Council and all members of Committees of Council; and THAT a comprehensive governance review be considered by Council in the 2007 Business Plan and Budget; and THAT the attendance of Senior Staff at Council and General Committee meetings be determined by the Chief Administrative Officer in consultation with the Mayor and Chair of the meetings. Message GENAL COMMITTEE - MAY 2, 2006 Delegation (a) Panizza, Bob From: Jim Sanders Sent: Tuesday, March 21, 2006 7:03 PM To: Panizza, Bob Subject: RE: council meetings Hi Mr Panizza, Thank you for your reply. May 2nd would be the preferred date. Lovanna Sanders D-1 GENERAL COMMITTEE — MAY 2, 2006 March 20, 2006. Mr Bob Panizza, Director of Corporate Services/Town Clerk, Corporate Services Department, 1 Municipal Drive, Aurora, Ontario L4G 6J1 Dear Mr Panizza, On behalf of Blue Hills Child and Family Centre, Mnark Child and Youth Services and The York Centre For Children, Youth and Families, I am requesting the opportunity to come on deputation to the April 25`h Aurora Council. Blue Hills, Kinark and York Centre are the three accredited Children's Mental Health agencies that provide a broad spectrum of therapeutic, treatment and intervention services for children, youth and their families in York Region. Our request is part of a province wide initiative by Children's Mental Health Ontario asking Municipal Councils to send a resolution to Queen's Park urging the provincial government to increase the funding to Children's Mental Health Agencies base budgets. The 3% increase to the base budgets which was received two years ago after 12 years of no increase will not enable agencies to maintain existing staff and services. Cutting crucial services required by children and youth suffering with mental health issues is wrong and false saving of public funds. Lack of preventative and treatment services often result in much higher costs in our education system, health care system, justice system,.social system and more. The province wide crisis in meeting the mental health needs of children and youth has been exacerbated in York Region by the rapid growth and wide diversity of the population as well as historic under funding of social services. This was clearly documented in the report by the Human Services Planning Coalition (Dec 2003). I look forward to the opportunity to meet with the members of Aurora Council to provide additional information to support a request for a resolution for increased funding which is urgently needed to maintain services for children, youth and their families with mental health issues and behavior problems in York Region. Thank you for your consideration of this request. Lovanna Sanders, President, Blue Hills Child and Family Centre D-2 GENERAL COMMITTEE — MAY 2, 2006 Resolution WHEREAS Blue Hills Child and Family Centre, Kinark Child and Youth Services and The York Centre for Children, Youth and Families are members of Children's Mental Health Ontario; and WHEREAS Children's Mental Health Ontario promotes, supports and strengthens a sustainable system of mental health services for children, youth and their families; and WHEREAS last year treatment for thousands of children was disrupted and compromised because children's mental health agencies in Ontario lost 212.6 FTE positions due to funding constraints; and WHEREAS a one-time injection of a 3% to base budgets, though appreciated after 12 years of no increases, is simply not adequate to enable agencies to maintain existing staff or services; and WHEREAS it is important that children in treatment be able to create and sustain trusting relationships with their child and youth workers, social workers, psychologists and other treatment team members; and WHEREAS the treatment of York region children, youth and families with mental health issues is contingent on improved funding for core services; NOW THEREFORE BE IT RESOLVED THAT the Town of Aurora request the Province of Ontario to secure further funding for that purpose. D - 3 GENERAL COMMITTEE - MAY 2, 2006 TOWN OF AURORA GENERAL COMMITTEE REPORT No. FS06-013 SUBJECT: Municipal Property Tax Rates for 2006 FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: May 2, 2006 RECOMMENDATIONS THAT the report Numbered FS06-013 "Municipal Property Tax Rates for 2006" be received. THAT the 2006 property tax rates to be applied to the 2005 Assessment Roll as returned for taxable properties in the 2006 taxation year be set for Town of Aurora services as follows: Property Class Tax Class Tax Rate Residential Taxable: Full Rate RT 0.345631% Multi -Residential Taxable: Full Rate MT 0.345631% Commercial Taxable: Full Rate CT 0.417176% Commercial Taxable: Excess Land Rate Cu 0.292023% Commercial Taxable: Vacant Land Rate CX 0.292023% Shopping Centres Taxable: Full Rate ST 0.417176% Shopping Centres Taxable: Excess Land Rate Su 0.292023% Industrial Taxable: Full Rate IT 0.474793% Industrial Taxable Full — Shared as PIL IH 0.474793% Industrial Taxable: Excess Land Rate ILI 0.308615% Industrial Taxable: Vacant Land Rate IX 0.308615% Industrial Taxable: Farmland 1 Rate 11 0.086408% Large Industrial Taxable: Full Rate LT 0.474793% Pipeline Taxable: Full Rate PT 0.317635% Farm Taxable: Full Rate FT 0.086408% Managed Forests Taxable: Full Rate TT 0.086408% -1- GENERAL COMMITTEE - MAY 2, 2006 May 2, 2006 -2. Report No. FS06-013 THAT the 2006 property tax rates to be applied to the 2005 Assessment Roll as returned for payments -in -lieu in the 2006 taxation year be set for Town of Aurora services as follows: PropertV Class Tax Class Tax Rate Residential PIL: General Rate RG 0.345631 % Commercial PIL: Full Rate CF 0.417176% Commercial PIL: General Rate CG 0.417176% Commercial PIL: Tenant of the Province CP 0.417176% Industrial PIL: Full Rate IF 0.474793% THAT By-law 4796-06.F establishing the 2006 tax rates for the Town of Aurora be approved and given three readings at the May 9, 2006 Council Meeting. BACKGROUND Council approved the Town of Aurora's 2006 Operating Budget on December 20, 2005 with a property tax funded expenditure of $21,610,571. • Town of Aurora —The Town of Aurora budget as approved resulted in a net tax levy increase of 7.9% in 2006 over 2005 net levy requirements On December 15, 2005, Regional Council approved the 2006 Regional Budget with a property tax funded expenditure of $607,541,000. • Region of York - The Region of York budget as approved resulted in a net tax levy increase of 2.9% in 2006 over their 2005 net levy requirements. The impact to the Town of Aurora property owners varies according to the property tax class. This is as a result of different tax ratio for each of the tax classes in comparison to the Residential Tax Class and varying levels of assessment growth (i.e. commercial vs. residential) across lower tier municipalities in York Region. Regional Council adopted the 2006 property tax rates for Regional purposes on March 23, 2006. The Minister of Finance has advised Municipalities that the Education Rates established in Ontario Regulation 400/98 as amended by O. Reg. 98/06 are to be used for the taxation year 2006 for Education purposes. -2- GENERAL COMMITTEE — MAY 2, 2006 2006 - 3 - Report No. FS06-013 Education Rates —Tax rates for the Non -capped tax classes (Residential (RT), Multi - residential (MT), Farm (FT) and Managed Forests (TT)) have decreased by 10.81 %. Tax rates for the Capped tax classes have decreased as follows; Commercial (CT) 11.31%, Industrial (IT) 11.42% and Pipelines (PT) 0.71%. These decreases are intended to offset the Province -wide impact of reassessment using the valuation date of January 1, 2005 for the taxation year 2006. COMMENTS The tax rate summary (See Appendix A attached) indicates the property tax rate and total taxes to be levied for each tax class by jurisdiction i.e. Town, Region and Education. Current Value Assessment (CVA) All properties across the Province of Ontario were reassessed forthe purpose of municipal property taxation for the taxation year 2006 based on a January 1, 2005 valuation date. The impact of the referenced reassessments on Aurora taxpayers varied from property to property; however, the average change in base assessment across all propertytax classes from 2005 to 2006 was approximately 11.12%. The next reassessment is currently scheduled for the taxation year 2007 based on a January 1, 2006 valuation date. Tax Ratios Policy Tax ratios represent the relationship between the residential property tax class and other property tax classes. These ratios determine the tax burden of each property tax class relative to the residential property tax class. Regional Council in accordance with the Municipal Act and Ontario Regulation pertaining there to sets tax ratios for the Region of York. Tax ratios for the Region must be finalized prior to Council establishing its 2006 tax rates. The tax ratios established for the taxation year 2006 are unchanged from those established for the 2005 taxation year. These ratios are as follows: 2006 2005 Property Class Tax Ratio Tax Ratio Residential/Farm 1.0000 1.0000 Multi -Residential 1.0000 1.0000 New Multi -Residential 1.0000 1.0000 Commercial 1.2070 1.2070 Industrial 1.3737 1.3737 Pipeline 0.9190 0.9190 Farmlands 0.2500 0.2500 Managed Forests 0.2500 0.2500 —3— GENERAL COMMITTEE — MAY 2, 2006 Mav 2. 2006 - 4 - Report No. FS06-013 Funding the Mandatory Property Tax Cap for Commercial, Industrial and Multi - Residential Tax Classes The long term strategy approved by Regional Council in 2002 recommended there be no change to the policy of funding the mandatory Cap on assessment related property tax increases for the commercial, industrial and multi -residential tax classes through the clawback of anticipated tax decreases. It is anticipated that comprehensive data will not be available from the Ontario Property Tax Analysis service (OPTA) until June 2006 and thus Regional Council will not establish/finalize the 2006 Clawback rates until August 2006. Therefore, as in 2005 and previous years, 2006 Final Tax Bills for the capped tax classes will not be issued until late August 2006. Should there be insufficient property tax decreases available in 2006 to use a "clawback" as a means of funding the cost of the mandatory "cap" within the commercial, industrial and/or multi -residential property tax classes; alternative -funding sources may be required, The cost of these alternative funding sources would be shared proportionately between the Region of York and the local municipalities based on their share of revenues and would require Aurora and Regional Council approval. OPTIONS N/A FINANCIAL IMPLICATIONS The financial implications of the Town of Aurora's 2006 Operating and Capital Budgets were discussed in detail during the budget deliberations. The resulting 7.9% net levy increase in combination with the Region of York and Education net levy requirements has the following overall effect on taxes of the following sample properties: Residential Property-11.66% Average Assessment Increase Year 2005 Assessment $264,200 Actual Taxes Levied $3,080.50 Town of Aurora Share $ 948.56 Region of York Share $1,349.91 Education Share 782.03 Total Property Taxes Payable 3 080.50 2006 INC % INC $295,000 $3,194.75 $114.25 3.1% $1,019.61 $ 71.05 7.49% $1,396.34 $ 46.43 3.44% 778.80 ( 3.23) (0.41 %) 3 194.7 14. 5 ME GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 - 5 - Report No. FS06-013 As indicated at ourfinal budget meeting this increase is slightly higherthan the percentage we reported because at that time we were uncertain of the net result of the impact of the tax ratios established at the region at budget time we were projecting the region's increase for Aurora to be 2.9% and the actual results are 3.44%. Commercial Property-11.53% Average Assessment Increase Year 2005 Assessment $264,200 Actual Taxes Levied $7,221.14 Town of Aurora Share $1,144.91 Region of York Share $1,629.34 Education Share $4,446.89 Total Property Taxes Payable 7 221.14 CONCLUSIONS 2006 INC % INC $295,000 $7,320.10 $98.95 1.370/16 $1,230.67 $85.76 7.49% $1,685.38 $56.04 3.44% 4 404.05 (42.85) (0.96%) 7 320.10 98.95 The 2005 and 2006 tax rates are compared on the "Tax Rate Comparison — 2005 to 2006" (Appendix B attached). The overall net tax rate increase to each property class is a reflection of the Town of Aurora and Region of York's property tax levy increases and the impact of Current Value Assessment (CVA) data for the 2006 taxation year. As indicated previously, the 2006 property tax rates as set by the Minister of Finance for Education purposes have decreased. The overall residential tax rate will decrease by 7,12%. This decease in the overall residential tax rate is the results of the net impact of the 11.66% average residential increase in Current Value Assessment (CVA) for the taxation year 2006 combined with the 3.71 % increase in the overall 2006 tax levy requirements. The overall commercial and industrial tax rate decreases are higher (9.26%), as the Town's percentage share of the full commercial/industrial rate is only 16.9% compared to 31.9% of the full residential rate. LINK TO STRATEGIC PLAN T1k1 ATTACHMENTS Appendix A - Schedule A to By-law 4796-065 Appendix B - Tax Rate Comparison — 2005 to 2006 —5— GENERAL COMMITTEE - MAY 2, 2006 P-1011I1 PRE -SUBMISSION REVIEW - 6 - Report No. FS06-013 Senior Management Team - Wednesday, April 26, 2006 Prepared bye ul Dillman Deputy Treasurer/Tax Collector, Ext 4112 L. John-19tatteridge Director of Finance/Treasurer GENERAL COMMITTEE — MAY 2, 2006 APPENDIX A W '�� m °i�n n wmipOoa m a o ' f' N N ��� � N Fl [O•I N O O W 0 O O ''. 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W 7 (O Ln r N N 1� N d' d' m m m It r m m 7 N r r h- It Q d d M M M r r o o m M 7 U) M M d; N N Id: N d' d' (`7 (") O d' r" O O 4- d; d; d; O G O O 0 0 0 O O O O O O O O O O O O C O O O O O X 3 3 Q F- Z F Z w w FZ rC F2�x LL(DO' LL. 0 Q K U U U U) N J 6. LL Q W 000 x 0 z w d m J w r J CL 5 rr Z R R R R�9 a. J J O LL toil G LL> L-)JD 7 LL F z rd-i wL R G LL R U) N G K p m ti W m mmx — m Y % N= y li N N N m 7 X N (Lo W A LL 2R' .�,. N ro LL ll. U. {O ~ 6Q(. G r- C K U d ~ m N mx d y W W N 22 ��ROC �--. d j V% LL F' x Ix0 (0 IOw mmmmm N .0 LL N J JJJ LL F G F- F F d d x x xx xx u 'N X O a a a a J U (0 f0 ro N ftl 10 U 10 f6 f0 O 10 A N U O F LL xQ 0. C C C N f0 10 f0 10 C W xR d C N N N 0 O7 0 0) •Q a C itl F-' F 0) .+ .rC .�L. ++ •+ 07 rL+ F EE 0.CL ��>>> rn m E c '� E E E GENERAL COMMITTEE — MAY 2, 2006 AGEMMITEPA# TOWN OF AURORA GENERAL COMMITTEE SUBJECT: Budget increase for Official Plan Updates No. PL06-053 FROM: Sue Seibert, Director of Planning and Development Services DATE: May 2, 2006 RECOMMENDATIONS THAT Council authorize a budget increase of $4,312.50 plus GST for the completion of the Official Plan Updates with funds to be provided from account 08101-5043 Growth Related Studies. BACKGROUND On June 21, 2005 Council passed the following resolution for Official Plan updates pertaining to Industrial/Commercial policies and the addition of new Economic Development policies: THAT the Terms of Reference for the Official Plan updates pertaining to Industrial/Commercial policies and the addition of new Economic Development policies be approved; and, THAT a request for proposals to undertake the study be undertaken; and, THAT Town's staff be authorized to proceed with consultant selection and awarding of the study in accordance with the requirements of the Town's standard purchasing procedures; and, THAT the successful proposal be selected and recommended to Council by representatives from the Planning Department and the Economic Development Officer. COMMENTS On September 27, 2005 Council authorized the retainer of Meridian Planning Consultants Inc. to complete Official Plan updates pertaining to Industrial/Commercial policies and the addition of new Economic Development policies. The total cost for the study was set at SIM GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 2 Report No. PL06-053 $30,000.00. The Town of Aurora subsequently entered into a contract with Meridian that indicates: 7. Compensation for Extra Work and Charges It is understood by the parties that no payment for work in excess of the amount of this contract may be expended without the authority of Council of the Town of Aurora". The consultants have completed the first, second and portions of the final phase of the studywhich is nearing completion. In orderto complete the study, additional meetings over and above the terms of the RFP will be required with staff and Council and these meetings will add an additional $4,312.50 to the approved budget (see Attachment 1). As noted above all increases to the budget must be authorized by Council OPTIONS Council may choose to or not to increase the budget to allow for the completion of this project. FINANCIAL IMPLICATIONS Funds in the amount of $30,000 to carry out the study have been provided in the budget. An additional $4,312.50 is being requested to complete the study. The funds for this project were budgeted for in the operating budget. Initiation of the study was delayed in 2005 so the funds were held over until the 2006 budget. Since part of the work could be considered to be growth related, it is suggested that the additional budget requirements be taken from the Growth Related Studies fund account number 08101-5043. There is $150,000 budgeted per annum for such growth related studies. CONCLUSIONS The majority of the additional work stems from additional meetings EDAC, Council and Staff. Staff have been working with the consultants and support the additional budget request to increase the budget in the amount of $4,312.50. LINK TO STRATEGIC PLAN The Strategic Plan has goals of supporting a healthy business environment that attracts new business and is responsive to the need of our current business community. The updates to the Official Plan will help achieve these goals. —10— GENERAL COMMITTEE - MAY 2, 2006 May 2, 2006 3 Report No. PL06-053 ATTACHMENTS Attachment 1 - Budget increase request. PRE -SUBMISSION REVIEW Management Team - April 26, 2006 Prepared by. Jim Kyle, ext. 4345 S e ei e , MCIP, RPP Director of Planning and Development Services -11- 0t ERAL COMMITTEE — MAY 2, 2006 I—kMERIDIAN d 'S'"'�' PLANNING CONSULTANTS INC. T" April 18, 2006 Jim Kyle Manager of Policy Planning Planning and Development Services Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4G 6J1 Dear Jim: ATTACHMENT-1 Re: Additional Costs to Complete Commercial, Employment and Economic Development Official plan Policy update Our File No. 2963 We have now completed the majority of the work program for the Commercial, Employment and Economic Development Official Plan Update. We have completed Phases One and Two and both reports have been submitted to the Town. We have also completed the draft Official Plan Amendment as required in Phase Three. Throughout the study we have had additional meetings with staff and have also presented the Phase One and Two reports to the EDAC committee on two occasions which was not anticipated in the original budget. The study has also involved considerable work in relation to the drafting of the OPA as a result of the degree of the changes involved. At this time we have utilized the majority of the budget but have been asked to attend a further Council meeting to present the Phase Two report and the draft OPA. We have also been asked by some of the Councilors to meet With them to discuss the material. We anticipate at least two to three further meetings with staff to complete the final OPA as well as at least two further meetings with Council. As a result of the additional meetings required and the work to finalize the OPA we expect the following additional time and fees to complete the project: Additional Task(s) Days Fees/Day Staff Meetings 2.0 days $ 1,725.00 Council Meetings 2.0 days $ 1,725.00 Revised OPA 1.0 day $ 862.50 $ 4,312.50 113 Collier Street, Barrie, Ontario 1_41A 1H2 • Tel: 705.737.4512 • Fax: 705.737.5078 • Website: www.meridianplan.ca 2400 Meadowpine Boulevard, Suite # 102, Mississauga, ON 1_5N 6S2 • Tel: 905.818.2993 • Fax: 905.819.2994 -12- GENERAL COMMITTEE — MAY 2, 2006 We would be happy to discuss these additional costs in detail and trust that you can present this budget increase to Council for their consideration. Please feel free to contact me should you have any questions. Yours truly, MERIDIAN PLANNING CONSULTANTS INC. Dana Anderson, MCIP, RPP . Partner 113 Collier Street, Barrie, Ontario L4M 1 H2 • Tel: 705.737.4512 • Fax: 705.737.5078 • Website: www.meridianplan.ca 2400 Meadowpine Boulevard, Suite # 102, Mississauga, ON L5N SS2 - Tel: 905.818.2993 • Fax: 905.819.2994 —13— GENERAL COMMITTEE - MAY 2, 2006 TOWN OF AURORA GENERAL COMMITTEE AGENDA ITT No. PL06-054 SUBJECT: Proposed Natural Heritage Study 2C Planning Area —Budget Increase FROM: Sue Seibert, Director of Planning & Development Services DATE: May 2, 2006 RECOMMENDATIONS THAT Council authorize a budget increase of $3,840.00 plus GSTfor the completion of the Natural Heritage Evaluation for the 2C Planning Area with funds to be provided from account 08101-5043 Growth Related Studies. BACKGROUND On March 30, 2004 Council approved the terms of reference for the Natural Heritage Evaluation and authorized staff to prepare a request for proposals (RFP) to retain a consultant to complete the evaluation. The RFP was sent out to approximately 10 environmental consultants and placed in the local newspaper and in the Daily Commercial News on June 14, 2004 and closed on June 30, 2004. COMMENTS On September 28, 2004 Council authorized the retainer North South Environmental Inc. to complete the Natural Heritage Evaluation for the 2C Planning Area. The total cost for the study was set at $77,414.00. The Town of Aurora subsequently entered into a contract with North South Environmental Inc. that indicates: 7. Compensation for Extra Work and Charges It is understood by the parties that no payment for work in excess of the amount of this contract may be expended without the authority of Council of the Town of Aurora". The consultants have completed the majority of the study which is nearing completion. In order to complete the study, additional meetings over and above the terms of the RFP will be required with staff and Council and these meetings will add an additional $3,840.00 to —14— GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 2 Report No. PL06-054 the approved budget. In addition there were extensive comments received pertaining to the study and these resulted in numerous changes to the report text and mapping (See Appendix 1). As noted above all increases to the budget must be authorized by Council. OPTIONS Council may choose to increase the budget to allow for the completion of this project FINANCIAL IMPLICATIONS Funds in the amount of $77,414.00 to carry out the study have been provided in the budget. An additional $3,840.00 is being requested to complete the study. Funds for this project are coming from the .Development Charge Growth Related Studies Fund Growth account number 08101-5043. There is $150,000 budgeted per annum for such growth related studies. CONCLUSIONS The majority of the additional work stems from text changes based on the volume of comments received on the final draft report and also mapping changes based on the comments and new wetland mapping provided by the Ministry of Natural Resources. Staff have been working with the consultants and support the additional budget request to increase the budget in the amount of $3,840.00. LINK TO STRATEGIC PLAN The Strategic Plan has goals of well planned growth and protecting the natural environment. The Natural Heritage Study will further both goals. ATTACHMENTS Appendix 1 — Budget increase request. PRE -SUBMISSION REVIEW Management Team — April 26, 2006 Prepar. ,d by: im Kyle, Manager of Policy Planning ext. 4345 u Seib�i , MC1P, RPP irector of Planning & Development Services —15— GENERAL COMMITTEE — MAY 2, ENDIX 1 N S 20 April 2006 Jim Kyle Planning and Development Services Town of Aurora 1 Municipal Drive Box No. 1000 Aurora, ON L4G 6J1 Dear Jim, Re: Request for Funding for Additional Tasks North -South Environmental Inc. Specialists in Sustainable Landscape Planning As we discussed on the telephone, I am requesting additional funds to address some of the issues that have arisen from comments on our draft report, "A Natural Heritage Evaluation For The North-East Aurora Planning Area 2c". This includes including information such as the recent MNR wetland boundaries which we received only last week. As a result of our telephone conference, we now have clear direction on how we will address each of the comments and we can move forward to the completion of the report. Richard will have to re -do the maps in the report, which is why we have provided time for him. Based on our discussions, we have estimated the time required to address comments as follows: Mirek Sharp 1.0 Sarah Mainguy 3.5 Richard Czok 1.5 Total cost for this will be $3,840.00 plus taxes. This includes attendance at an additional council meeting requested by Sue. Please let me know if the Town can approve this funding request. If you have any questions on the above, please do not hesitate to contact me. Y-yurs very tt Mirek Sharp, Principal, No Environmental Inc. TOWN OF AURORA PLANNING DEPARTMENT ECEIVE® APR 5 2006 INITI.Ai_ S _� ACTION :: -.1� 35 Crawford Crescent, Suite U5, P.O. Box 518, Campbellville, ON, Canada LOP 1BO Ph: 905-854-1112 Fx: 905-"4.106N www.nsenvironmental.com ao1) GENERAL COMMITTEE — MAY 2, 2006� TOWN OF AURORA GENERAL COMMITTEE No. PL06-055 SUBJECT: Issues Related to New Housing Forms in Existing Neighbourhoods FROM: Susan Seibert, Director of Planning and Development Services DATE: May 2, 2006 RECOMMENDATIONS THAT Report PL06-055 relating to new housing forms in existing neighbourhoods be received for information. BACKGROUND At the General Committee Meeting of April 18, 2006 the Committee considered delegations from representatives of two neighbourhoods who expressed concerns with infill or redevelopment housing currently occurring. A delegate from Hillview Drive suggested that zoning changes aimed at preventing "monster homes" from being constructed should be investigated and passed, while residents from Wells Street and surrounding area, felt that the Heritage District Plan being done in the North East quadrant of the old town, should be expanded to include all heritage areas. The Committee passed the following resolution: "THAT the issues presented by the residents of Hillview Drive; Wells Street and the surrounding area, be referred to the CAO and Senior Management Team for a report back on short term and long term solutions that can be implemented and that a report be provided for the next General Committee meeting; and THAT staff also contact the Town of Richmond Hill and the City of Toronto to determine what legislation their municipalities have implemented to address the issue of monster homes. THAT staff be requested to draft and bring forward a policy with timelines and deliverables, which outlines how to halt the construction of monster homes, and maintain the character of the distinct neighbourhoods in the Town of Aurora." COMMENTS: Because the residents have suggested different means of dealing with the compatibility issues, staff will address the two concepts below. The Heritage District Study process —17— GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 -2- Report No. PL06-055 provides additional controls over zoning by-law regulations with respect to demolition control and may include provisions such as limitations on building depth, height, etc. which supersede zoning provisions. It is noted however, that to achieve all of the objectives raised by some residents, it is probably necessary to undertake a Heritage District Plan and amend the zoning by-law, in such a manner as to embody limitations building -wise as set out in the Heritage District Plan, so there is not a conflict between the two regulations. In areas where a Heritage District Plan is not seen as a benefit, only a zoning by-law amendment may be necessary to achieve the desired changes. There will therefore need to be very careful coordination with the two aspects of this work if Council instructs us to proceed. Zoning By-law Revisions: The following process is suggested for investigating zoning provisions as they relate to "monster homes". It defines two phases which may span the calendar year depending upon the success in finding acceptable solutions. Phase 1 ■ Research monster home by-laws in other municipalities • Prepare preliminary report to Council — June target, outlining options, study process —schedule, public consultation process etc. Public consultation process may involve citizen representatives on a steering committee • Preferred options further researched ■ Approval of 2007 budget with funding if required. Phase 2 • Report on Preferred Option ■ Public Meeting • By-law enactment timing dependent upon outcome of public meeting. ■ If further Public Meetings required enactment could be delayed by the amount of time needed to schedule and complete a public meeting. Heritage District Plan: As Council is aware, the first Heritage District Plan in the Town is nearing completion. It has not yet been presented to Council but has been the subject of some six public meetings, three of which were held prior to the initiation of the Study. It is noted the request for this plan came from the community so the study process while taking only about nine months came after about two years of informal consultation. The final public meeting was held on April 19, 2006 and the plan received a good reception from residents in attendance. If this type of plan were used as a template for other Heritage Districts, it is anticipated that a plan could be done one year to 18 months provided that the neighbourhood itself buys into the process based on the recent experience with the North East Old Aurora Heritage District Study. If funds were to be provided in the 2007 budget a District Plan could be completed with 12 to 18 months, once again, providing that the neighbourhood was in agreement. Should Council wish to proceed in this manner the following process is suggested. 0" GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 2006 - 3 - Report No. PL06-055 ■ Research potential heritage districts within the Town and prepare preliminary report to Council September/October outlining options, study process —schedule, public consultation, etc. ■ neighbourhood meetings (if more than one identifiable neighbourhood) to determine level of interest ■ broad boundaries of study area determined — in this respect, it may be possible to deal with more than one neighbourhood, if there are some common elements among them. ■ establishment of steering committee with Heritage Committee and neighbourhood representatives • 2007 budget approval of funds to carry out the study 2007/2008 • study commenced early in 2007 with either call for proposals or in house resources bolstered in accordance with above. • Completion of study prior to year end, documentation of background information and the special characteristics of the Study Area, including an examination of the area's historical development and context, architecture and natural features, etc., public meetings, and plan preparation. OPTIONS: It is possible for Council to enact an Interim Control By-law that would allow the Town to review its landuse planning policies. If this approach were to be used, a very careful analysis of the study area would be required, as well as a thorough understanding of the implications by all involved since such a by-law would "freeze" development in the area. Should Council wish to pursue this avenue, staff will report further. Similarly, Council could pass a heritage area study by-law. The intention of such a by-law would be to require Council approval of specified alterations to buildings. Staff have discovered however, that while Ministry materials suggest this process is available, it has not yet been added to the Building Code list of applicable law. This oversight on the part of the Province has been brought to staff's attention, and they anticipate the inconsistency will be rectified. This may be a more flexible solution to controlling development within defined areas, when the study area designation by-law has been added to the Building Code applicable law list, although it does carry with it additional staff time for review of plans. FINANCIAL IMPLICATIONS: No funds to carry out additional studies that are not identified within the departmental business plans have been included in the 2006 capital budget. Some staff time has been freed up, by reordering priorities to undertake a preliminary review of zoning standards and studies that have been undertaken in other GTA municipalities. As work is completed in the North East Old Aurora Heritage District Plan, staff anticipate that time will be available over the summer and fall to prepare a preliminary report on areas where Heritage Districts —19— GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 - 4 - Report No. PL06-055 might be considered, if the community and Council feel such an initiative is appropriate. Funds may be needed in the 2007 budget for either or both of these undertaking depending upon the results of these preliminary investigations. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to ensure high quality, comprehensive community Planning and preserving heritage resources. Undertaking studies discussed above would be consistent with these objectives. PROVINCIAL POLICY STATEMENT The Provincial Policy Statement requires that significant built heritage resources and significant cultural heritage landscapes shall be conserved. �Zi7►[y��_&iIQ Staff have had very preliminary discussions about how we might undertake either of, or both a new Heritage District Plan and a monster home amendment to the Zoning By-law. We have obtained some examples of by-laws and are canvassing GTA municipalities for other examples. Both Heritage District Plans and Zoning By-law Amendments have statutory requirements for public consultation, which need to meet time requirements for notice, etc.. While the sentiments of the residents who expressed frustration with current regulations are understood, solutions need careful consideration prior to their enactment to ensure that problems are correctly addressed. Staff feel the projected timetable/workplans can be implemented at least to the preliminary options report stage, as set out above. In the absence of such an analysis, timing beyond that stage is tentative and will be refined upon finalization of the preliminary reports. Attachments N/A PRE -SUBMISSION REVIEW Management Team Meeting —April 26, 2006 Prepared by: Sue Seibert, ext. 4341 SsnSiert Director of Planning and Development Services —20— GENERAL COMMITTEE - MAY 2, MEMO To: Mayor & Members of Council From: Councillor John West Date: April 26, 2006 Subject: Town NoticeBoard newspaper ads I would like to ask that staff be requested to go out for tender for the Town's "NoticeBoard" section of the newspaper and report back to Council on the results. John West /ce -21- GENERAL COMMITTEE - MAY 2, 2006 TOWN OF AURORA GENERAL COMMITTEE REPORT No. CS06-023 SUBJECT: Council Pending List- Status Report FROM: Bob Panizza, Director of Corporate Services DATE: May 2, 2006 RECOMMENDATION THAT CS06-023 be received for information purposes. BACKGROUND Attached is a list of pending matters from Council. The list supersedes the March Pending List and is intended for information purposes. The text in bold and italics represents changes in status since the last distribution. COMMENTS All outstanding matters originating from or referred to an advisory committee are identified in a separate pending list. The advisory committee pending lists are circulated with the respective advisory committee agenda for consideration. OPTIONS None FINANCIAL IMPLICATIONS None CONCLUSIONS None -22- GENERAL COMMITTEE — MAY 2, 2006 May 2, 2006 -2- Report No. CS06-023 LINK TO STRATEGIC PLAN Goal A: Maintaining a well managed and fiscally responsible municipality Goal E: To promote accessible municipal government ATTACHMENTS Attachment 1 — Council Pending List PRE -SUBMISSION REVIEW Senior Management Team — April 12, 2006 Director of Corporate Services April 28, 2006 Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk ext. 4222 Bob Panizza Director of Corporate Services —23— ENERA MM I TT E - MAY 2, 2gO6 Lu 0 OZ L O N W O2i G Iw a of C C Y a) O O •V m F-_LU; Qdp� cn Z W o m LO o Q o d v CN LU ot O U Oa, 0 0 0 0 Q C C - C V! 0 U> O L a O O U� W 7 a) U(7 ,Z � '•- O 0 0 N c- uJ F o g o c ° o • J Q a) 0 o c a) (a ( 6 a a) v 'C E U 0 n o ao a) O- O OO) 0 Co Y (D 1' C c 0)�.N a) a) N a)r N O a m O z L 3c-0U"0) 0)0 o 0a)OW�� a0 �'" �C cO oo a)Da :aW 'O.Q LL@L � aaoE� � UJ U L'0 O (Y '> Z jO ( U N C E y 0 �9 � W () -0Y y as `' c s N � a) o _ O] -. 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O L W U1 C D_ E y C E "CO 2p da ° pa m> o �a�c m m p EE c = p p p(D p cc J N p o C7 p �a ° 3 0 H — �z N -_ CL N C O r U d 'n o m 2 Q N O m Q IL W m '� `o U p `� ai :o m N o� T O o > OU CG co � c p c E ELL° N m E C E a) z a-E N p U N U C 4) 0 J m U U oL I~--•U W LO03 o mco U `n E c p Off. T>m nCD c°o W mo o ° moo I E � cq Eo EUm OpJ a) J �r0.. e-� J_ (� C) � u7 u7 o : D L[j n N h p,W in m o c m Q a ENER .4,'O0 MITTEE - MAY 2, 2006 Oz Lu Lu W •.. Z-:LU aQ: _U) W y m N � U U z Z O W - � N L Q NW N a) a) J J @ @ O O O Z @ @ m mo L L mo L L wE a ai - N - C a) J U y � (D ~ o 3 W 2 d z 2 F F" U - e Q � o n o Q " W m -:_ U) 0 Lp O a) LL y N O as n a)a a n LL a) LL O f K ) � U G a N L: N T@ O p E O E N O O. U O a)W w L @ O J ~ O NU i OQ_ C) U a) ` U N Ca U Y Ca U O O W i O @ D $ C C) C U) U W N G O (0 :O U w c O. @ } V a) Z Z C [� ,l6 c M O U U 'O o f T N U n C= O O 0 N .0 @ a) ,c O c O c co 0 LL Y 0 yCC1 _W 0 N N C W U l0 N O O U[if -O @ O i E U N 0 L O O O oLL =@ U N ` C'�o E�LL� UU N�Q} a) a1 @gym} �0-°U zNU2i DON 0'—O OJ m m0 0 0 rwL2u <n - M - c @ c @ c @ O M z z O 0 O A F ENER` L,,.�O MITTEE MAY 2, 2006 w W Z W IL wo W N a� Z U > O a in LU J i "-(D ctb Q" mw.�o m$�m a dm dw400ot�. •" � r `� m i� L� i� U o hIm, C r N O B d W �. w � `� O m m 0 to Z (n JG w E C C h m m t9 o U o 12 0 o f O� J L U try o(A W o O L 0 0 N (0 0 a 6i R N N CQ: a' C ❑ ;. 3 O I— wS O I ❑ ac O p V p m N LwL.6).. Q O N m 2 co J�-u yu! > .. .. NO'Q 1-Oto NLLI J ur ZFN CD to to 1-0 ago LL-41 g GE ERAL 9ggMI TTEE JAPI, g006 o z. w 0 .w @ 0 0 o a m d 0 u o o E 3 Y> 0 W. QED o m.L. w m-0 a �' Q a@ .S c n 3 0 0 °v m W. — z, v o d � Cl) N m in Z : O a' H LU m m m C CL n. Q. CL CL Z co N N (�6 N 0 0 0 0 0 L L L 4? w W @0 o N @ O) N C U) 'O N N w N. N ac° J � Z 2 = @ `D ° m c @ T U O O N ~ 'C o W rn r (u U) co m ac) � > _ F. 2 0 �- m N� Q e o �LLaJ W... d' m T 0 0 O Co N O CO C a) -. O W -a @ Uam� U 3.0 > ... U) C _@ a) @ O O a) L O O W a N N a N (D U U (D U C @ �' O M O TQ o C E@ V m a) O O V' of o -00 L @r 4) LLNUOM N m0 C C 0 NFU N(O -a) O Ln O O a) E C @ =J Od' o 0- {Q dj O O @ J CL (n m J V' ?LO i O a) 0 >.CO _�= O o m NO � �j a) U) 0 n. �r.�L� a) @ 0) U)dN U. d' co LL �jU W W ZLL dCn LL >�¢M d'> OJ 3 c tm c m 3 c J >' a) � @' E au m� E N� QOC N NC �O � ¢c N -N Y-aCa))— dIY v m o� 0 o L Oa)m 000 N E r Q E co ELij > N V Oa E O O to . N C E =O CX O NJ JJ 0@ @@N o Q QNU O E ¢ dQ Uu) J U. Z W O Z F~ O O CDO O N N co co Cl) oWE � N N N N U _ = LL Q N 0 GENERAL gOM I TTEE - MAY 2;- 2806 ° ° T 0 o 2 c c W d mO'O N m C N G } Co Q C OJ Q O O Q Q. '(a O N U O (Dd d N(u N En U fi . w C7 LO OF 0 0 0 a¢ 0) o m a CO a. z O F- a. c m c m a n- ,. LO LO m LO -- . ,.. 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LL N 0 N G Q z z O Q A ENER L,.P0 `M I TTEE MAY 2, 2QU ° @ o o OZ 2 O o m as }F M>a oaE �� wo eo 00vA W a NN 0 0 0 U mac W O C9 - Z LG O �" LO O O co 01 O aQ co `O m Cl) N N N !� N E W a 0. O c > 0 zaa in U- w 0 Z Q d ❑ U a a p Q o c m O Q m d. U d m c o co @ C C N O _ U N U E m C N If °o m: U Q as m �a 0) m m - E� d C N u L = - NN . L O N V a. a0N2 oCa. E 0-2: cC N �p L a) I T (D 0)0) U C C LL1 Y C ' � N O J--. N @ @ (0 C r W .. d U) a)}v o N Ile @O OK Sao o E Wo ou m j-j L �0 Q m Q o m ❑ w a) � oy o T E a)❑ ) o) , Co SUN vwo m LO J 0 c >.U� a.0 r— '20 cn o @ Y oQ v ojtw co )O `o Om )O �Oo o�Q o rn c NO @ 6 = E N OO E U co m t O Oa O Q 0 L . dv Q >`LL-�N NJ�_ Co @ z n. C N C o E "-.❑ E"-❑ O N ELL > >. a N O tip @ w a � co Udu. 0 <)0 m a a C 3 c � LU w y c N @ O > - U N O @ m m K d] a O o ci r- E o a c N v 0 o c Q o O C> N c w e n o 0, W '�- �c0 O U 0 o0rn N C )OaaO o0 O d Q U �� N - O 0 Na U W O C Z 3 a O ❑ m d 0 o E a r mQ r:a a ONaQ @aQ i � O U z W ZF o m o LO o 0 W Q N N m O�� Q O O 0 GENERAL OMMIJTEE,�— MAY , 2006 � v bZ a ,o °� a ¢ a = a v� c�wa O 0. a ° c CD `� c c m �, c °� C o m a w M$ C o b,k mCL ¢a a�C3a�i� n�wn�.E�d o�.a �nci Lil ❑.� M N n N N d 2) U- U Z Oa ;. 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N � CV U i� LLI o m 0 0 Co 0 U in O O N O O N a U O U O w �Ep V z a W a !ENERAL POM ITTEE - MAY 2, 20 6 e c OZ and WO o 'C rn 'C aam ma i dEL:U U O v 00 0 O V ~. a' a 0- IL d Q c Q a R C w z W OF co CDo to co O co o to 0 Co d Q -U) Q •: N N N N m N N N LL L t LL. z O.� � a W c m � C N C (0 a a 0) N C o m ---- c N ma; c o C O N L- C V- C C C a �o� d� a� rt� V 0 m 0 0 o 0 0 .� CO. 0 (L) �. �_o a) +. c c y 0.9 (D 0 c ago o c a g o d'N E ❑U OU d N d�N m a - � m f- 0 -o o ❑ 3 o om Mn Z c N T m co o w LO n i N a o O O_ LO "- O o O N - a o� a)C _ 0 N 0 OJ cli co W U N v r o o N m 0 0 o - m - ❑ � L COLL m m T oa o o Q o co LL. C O Cl)C C O O p u N _0W > d c N a .� c a ❑ -p (0 _ N W 0 0 - N U O �i U 'c00 O L N O 'O g �otl 0 oz Co YU o o?O ma) C) � _ Tf � - Q O d � ^ � o U V O rn� 'O .S o m w-7 4 (0yti 0 0(O N N (Oj C O Q.- O (ON❑ — N (o O O = (D O o❑ (Do o O L— V U N 0 N N � O N N N 0 (O Y N LO .-• i-dJ1-0-0 ���� Q}O..dLL CC cc0.. .� n. i- W LL W E m ~U 0 C @ 0� 0-00 o o° o� o m 3 Ham- c N'o c o0 0 l �a� oN 0 oN 0 aci m m E o 0 0 o r (o - o m c rna o C m OQ o 0 oa LLco 3 u 00-U) (6 oa �Q.� a LLco 0 ° LL(0 w.° �-CL � o c J O E O. o J �i fl_ U o o_ c U J 0. 0 0 o- �-% J a o U J T 0-NQQ d f6Q C7 C7n.QwN C7amQ U` n.mQ ' N I� 06 c- 06 1 (} Z W: co co m - co to cc �•: o 0 0 0 0 0 to_ r r v v v W W W y ENERAL 9OM I TTaEE -m AY 2, 20 6 Y+ `E m �• ' O m Q Z3 G E in iwC�U Z W ao OF o aQ. N W m z O I- °- Uw Qp corn o c �a ma m e o u .� u •� � u •� o N G m } m o y z m n w m 0 E 3 u a d 4 Ixm O y rn O m m a > o m o° to o O� F U N O.0 p_Y a)Nt3) O� O� N t N m .C: ,; m ,J .c Uc �(L 0 min CL . a mW W o N WU wcb C i o ca o o tiOO O to mco > tC C: CroW W a. Cl a mp o�Gro (U c u. o aG ca $ u o G^ a E �' a v V U CD m •m •Q) U) o N ,n 12 co Q CD O. FG �N Uco yh �O N OaD U O pNi @ oW oq tm oaoil �Oo OO�l acU N LO {P m 'o ate _ E njCo` a No�o d�p � yM EG WQ �mF Co $ a) o o m LO a- E IL W i wx0LL Pm N �� [UJ� m a m LLJ c ~ U U U U o m U O Q m m <o N C m q> t-� ( (D a z o CDo c � 3 �o Q 10 �O lz m O J G O1 0:D aCp '_. NtD N �p �O E .-tp.QJ v�-J O,ry � as & m CL -i Qa'a •- Luli ` -J a o 3 c Q 24 4 L u 0, . C m o N ta) ii O .-�. .-� Leh CS O ��Q•..N N c .-;.-0 m 0 UAW 0 cosz 0 o co 1C d4W U� L � a a i GE ERAL ,Q(,IMITTEE - MAC 2, 2006 oz o a a)uj CL �- N-CO ❑ a � a3 a7 .O N N W co o z w : m N a c U w a) - a "' U) d U °) aai (/jp 11 of °E-' c iro I--fA W cocw°� o K� IL W Y Y L Y Y Y L Q a a. a a a �w omp «- O O C d a) y O. o ° ° n� ° m 0-0 a c �.- a c o Y �... Q O $ d y c O(DLL° N a) N p O aU K( aa- N a aa) O �O a O m0 0 U .O y O O w a3 m m°7 a�� asa)0 mogmo nYU o nEn -- U O O U i F" z c O) o° U) _� E asm LLl _ a. m Y E c `) co c a U 11 U� @ p � j a) Ja O C w U U a1°i a) m K a v� L E LL °- E CDCn.. E �= C C ajEmo CO O .0 cc cE2 C 1 a)� N 0,0 N C0� O a = m c 4 o w o a LO Kro E c '- a c a5 >>�o a <0LL !Y � 2 m !Y tj F K LO OU J �w O F - � c 3 � N O F o h � �w o LoOo0 Ew Ino LO O y" E > Z --"a a) O O CON a) O m a) J u U Z L u d' O O O O 'D W'. Q, r N N o w o T CO Z y N O N 4 O N a U U 1I% I+i M z z a GENERA PPMA I THE MAY 2, 006 0 0 bZ o,n ` 0 i Q) OL Q ��• a=i .LU LU10, " o OR m N Gc Q 00.. I O G W N �p O C >> m o Qo U U U o U n s j�o U 'O 'O "' N_ � a) U Y L ma.� o m 0 y � dr o SD � r m � m w0 N m r N U o O O o� 0Q. 02Em Q °n. o�Om ' m o U) 0 a m I vO Q00 No 0 o� m N m o ;lip a> L o � a a m 0 p N 0 :� N 7 m � E E'- '. W > 'o ro 0)m �j m N m m _ _N N c C9m U�.�° E D a) U U O m m N E rn Lo m ILom> U a m ° a LL LLI a K 3 N t O m o E o > N o 'O O r N op Q (D m o m Uil' -o c m a rn �� U m L m _ ' N O V N O O �o m C7 mc,n o E 0 0 o m m LL in i L N O 2 y N m "E C O O E U N G a) E ¢>o>E V O o m °m a�Ea gO `m� z 0�.. J G 0 U�N�ri O Z W 00 Q aa) . 'm m m Q <t N d rpm J ._� Lr) LO Lo LO C) o N cm- gym- : > U U U zo 0 0 49 0 s, &, kITrE- MAY 2,200 » « z < »y o> m w c » cn }>- \ � d� » w\ o \ 22m 2» �\ \)�(\ /j§. /0 - /z«e • , w\ \ \ ®emu& l;mm : %|a ° e� \ \ m © �§kk7� )w QU %k `�`2; #&»(k§ 1%cx W61 u \ %® )\ ; . \ § kk\ !2 � § -/ 7 §£/ a]§ «gam» d\ @ LU } w \�\ \< \_ k .. kf]k �\z �\ \ 2=�3 \aud , « ` c m yLU q® )®k o § » U : a# ,ate e§e \\\ {// /LUA\$ /R: 22 Z r»J=6 a co LU �0 �\ / B GENERAL COMMITTEE — MAY 2, 2006 I N T E R OFFICE MEMO To: Mayor and Members of Council From: Allan D. Downey, Director of Leisure Services Subject: Commercial Building Incentive Program — Ministry of Natural Resources Date: Friday, April 28, 2006 The Department of Leisure Services is pleased to inform you that we have been successful in qualifying for the Ministry of Natural Resources, Commercial Building Incentive Program (CBIP). As a result of the new technology and energy efficient design incorporated into the new Aurora Recreation Complex, the Town has received a cheque in the amount of $48,000.00 which represents 80% of a total payment of $60,000.00. The remaining $12,000.00 will be forwarded upon the completion of the complex. This program recognizes the Town's commitment to energy efficient design and reduction in operating costs. If you have any questions, please feel free to contact me. Allan D. Downey, Director of Leisure Services ADD/ml cc: John Rogers, C.A.O. —51— GENERAL COMMITTEE - MAY 2, 2006 LAGEN'DA ITEM 1 s TOWN OF AURORA GENERAL COMMITTEE REPORT No. ADM06-005 SUBJECT: Amendments to the Town of Aurora By-law 4280-09.0 (as amended), being a By-law to govern the procedure of the Council of the Town of Aurora and its Committees and Boards FROM: John S. Rogers, Chief Administrative Officer DATE: May 2, 2006 RECOMMENDATIONS THAT Report No. ADM06-005 be received. THAT the revised By-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards attached to this Report be enacted by Council. THAT a Procedural Orientation Session be held within the first three months of each new term of Council for members of Council and all members of Committees of Council. THAT a comprehensive governance review be considered by Council in the 2007 Business Plan and Budget. THAT the attendance of Senior Staff at Council and General Committee meetings be determined by the Chief Administrative Officer in consultation with the Mayor and Chair of the meetings. BACKGROUND & COMMENTS It is common knowledge that organizations of all sizes and types will be effective if they are able to conduct their business in an orderly fashion. Even if section 238 of the Municipal Act did not require Municipalities to have Procedure By-laws the Town of Aurora Council and its various appointed bodies and committees would benefit from a Procedure By-law. The current Procedure By-law was passed by Council in 2001 and has been amended four times since. Council has asked staff to review various aspects of the Procedural By-law and in the Fall of 2005 the Chief Administrative Officer authorized Mr. Scott Somerville to meet with Council to discuss appropriate revisions to the By-law. COMMENTS The review of the By-law has raised some issues that can and should be addressed by Council as soon as possible and there are other areas where it may be advisable to have the recommendations take effect as of December 1, 2006 when a new Council will be taking office. Discussion of individual areas will be now set out with separate headings. -52- GENERAL COMMITTEE — MAY 2, 2006 April 18, 2006 -2- Report No. ADM06-005 Adjournment of Meetings — Section 3.2 and section 13.2 set out under Order of Business that In Camera (closed) sessions be held prior to the adjournment of the meeting. The practice has developed that if nothing is to be reported out of the In Camera session then the meeting is adjourned and the In Camera meeting is then held. This practice means that the In Camera session has no formal status or record of decisions. It is therefore suggested that the Order of Business be rigorously followed and that the meeting not adjourn until after the In Camera session is completed (whether or not anything is to be reported out of the In Camera session). 2. Procedural Orientation — It is strongly recommended that at the beginning of each term of Council the Town sponsor a formal seminar for all Councillors and members of the public who may be members of Council appointed Committees, on the general rules of meeting procedures and practices to emphasize the value of a knowledgeable chair in the conduct of meetings in a fair and consistent manner. Formal Procedures - It is generally recommended that all references to meeting procedures within the By-law as "informal' be removed from the text of the By-law as all aspects of the procedures to be followed by the Council or any of its Committees in the governance of its meetings must be formal. 4. Governance — Separate and apart from the recommendations of this report, the Town of Aurora should seriously consider undertaking a comprehensive governance study of its Council/Committee structure to ensure that the structure being used is the very best that can be developed to serve both the short and long term needs of a growing contemporary municipality and the residents and businesses it serves. 5. Attendance of Staff — A general issue that arose during the review of the By-law was the mandatory attendance of senior staff (other than the Chief Administrative Officer and the Clerk) at Council meetings where they have no items on the agenda to address and where they are not aware of any other requirements :for their presence. This matter is not an issue for the Procedural By-law but rather a matter of administrative procedure and practice based predominately on individual meeting requirements. When deemed appropriate to the circumstances, the Chief Administrative Officer in consultation with Council, could arrive at some alternative procedures whereby Members of Council could obtain any information and advice in advance of each Council Meeting thus eliminating the necessity for some senior staff members to attend all evening meetings. Please note that the above suggestion does not cover General Committee Meetings as senior staff members should be in attendance at all General Committee Meetings or at least be available to attend the meeting on a moments notice. 6. Time of General Committee Meetings — it is recommended that General Committee meetings should, after December 1, 2006, commence at 2:00 p.m. in order to allow Staff to be available to assist in the deliberations of Committee. The General Committee meetings are meant to be an opportunity for Members of Council to spend time in discussing the items on the Agenda and depending on the topic there are times when staff members other than Senior Staff could assist in the deliberations. If the meetings were tg §tart in the afternoon it would be easier to call GENERAL COMMITTEE — MAY 2, 2006 April 18, 2006 - 3 - Report No. ADM06-005 the staff member into the meeting if necessary. The afternoon time would also allow those residents who are not able to attend evening meetings the opportunity to attend at least the General Committee meetings. Further, there are recommendations in this report that would see Advisory Committee Minutes coming to General Committee before going to Council and the expectation is that the General Committee meetings could become lengthier and the earlier start time would ensure that the discussions would not take place too late into the night. Council would also have the option to defer a particular matter to a Council meeting or special meeting if there was a concern that the matter needed to be heard at an evening time. If Council is not comfortable with the 2:00 p.m. time it is suggested that the start time be 4:30 p.m. 7. Section 2 — Calling of Meetings — It is recommended that clause 2.8 be amended to mirror specifically the wording and provisions of section 239 (1) of the Municipal Act, 2001 with respect to the wording of the stated exemptions to Open Meetings of Council. 8. Section 3 — Order of Business (a) The terminology entitled "In Camera" in the order of business should be amended to read "Closed Session" (b) The terminology entitled "Other Business — Councillors" in the order of business should be amended to read "New Business/General Information — Councillors and Chief Administrative Officer". A new provision should be added to the By- law stating that any new business and general information considerations that result in a direction to staff requires a resolution of Council and or Committee to give such direction effect. (c) Open Forum should become a part of the formal order of business of Council in that the provision would read "Any ratepayer of the Town of Aurora is entitled to make a deputation to Council on matters that are not on the Agenda of Council provided the maximum time allotted is five minutes for each delegate and the total time of all delegates for this portion of the Agenda be restricted to twenty minutes. 9. Section 4.3 — Deputy Mayor — Acting Head of Council Remain intact as written, until the conclusion of the existing term of Council; and that effective with the term of Council commencing December 1, 2006, the clause be amended to mirror section 242 of the Municipal Act, 2001 respecting the appointment of a member of Council "to act in the place of the Head of Council when the Head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the powers and duties of the Head of Council". Council may wish to considerthe option of rather than having the Councillorwith the highest number of votes being the Acting Head of Council that there be a regular (monthly, bi-monthly, quarterly etc.) rotation of the role of Acting Head of Council, similar to the way the General Committee meetings are chaired. 10. Rules of Order Section 4.8 be amended by deleting reference to Robert's Rules of Order and be replaced with Bourinot's Rules of Order. The new wording of section 4.8 would read "Rules of Order for 4.8 - The provisions of this By-law shall govern the proceeding of the Council/Committee(s) and except as provided herein, the rules of Parliamentary Procedure as contained in Bourinot's Rules of Order shall be followed". —54— GENERAL COMMITTEE — MAY 2, 2006 April 18, 2006 - 4 - Report No. ADM06-005 11. Suspension of Rules "A request had been made that staff review section 5.13 (b) of the Procedural By- law for the purposes of determining whether there were any inconsistencies between this section and the balance of the Procedural By-law. As a result of this review it is concluded that section should be removed from the Procedural By-law. In addition, as both section 4.6 and 5.13 speak to Suspension of Procedural Requirements and Suspension of Rules, it has been determined that for clarity, ease of reference and application, there need be only one section which speaks to Council's suspension of the Procedural By-law. Hence, it is recommended that section 5.13 dealing with Suspension of Rules be deleted in its entirety and that section 4.6 be amended to contain therein all the necessary by-law provisions pertaining to Suspension of Procedural Requirements. Therefore, a new section 4.6 (b) has been added to reflect that a motion to suspend the rules of procedure is not debatable or amendable." 12. Standing Committees - Audit Committee A new clause should be inserted into the By-law recognizing that Council has formally delegated the role and responsibilities of an audit committee to the General Committee of Council. 13. Section 13.2 - should be changed from "Other Business - Councillor" to read "New Business/General Information - Councillors and Chief Administrative Officer" 14. Closed Session - All terminology throughout the By-law stating "In Camera" should be amended to read "Closed Session" 15. Advisory, Ad Hoc Committees -Chair -A provision should be added to the By- law such that members of the public who have been appointed by Council to any Advisory Committee of Council may be elected by the members of that Advisory Committee to the position of Chair. 16. Reporting Mechanism for Advisory Committees - The By-law should be amended to reflect that all Advisory Committees appointed by Council should report to Council through the General Committee as of December 1, 2006. 17. Review of By-law - There should be a provision inserted into the By-law that would require the By-law to be reviewed within the first six months of each term of Council. 18. Review of Code of Ethics and Conflict of Interest Policy Statement- Similarly there should be a provision within the By-law that requires the Council Code of Ethics and the Conflict of Interest Policy statement of Council be reviewed within the first six months of the term of Council. 19. Attachments to the By-law - The following schedule should be appended to the By-law: I. Schedule A - Audit Committee Terms of Reference II. Schedule B - Council Code of Ethics III. Schedule C - Conflict of Interest Policy Statement -55- GENERAL COMMITTEE — MAY 2, 2006 April 18, 2006 - 5 - Report No. ADM06-005 20. Procedure for Determination and Consideration of Items Requiring Separate Discussion —A provision should be placed in the By-law that requires a Council to indicate the reason for requesting an item to be considered for separate discussion and when the item is reached for separate discussion the CAO or their designate would be requested to provide comment to Committee or Council prior to the discussion taking place. 21. Conduct of Members -Clause 4.4 (a) should be amended to read "use offensive words, inappropriate actions or un-parliamentary language in or against the Council or against any member of Council, any Staff or member of the public. 22. Improper Conduct — Clause 4.5 (a) should be amended to make it clear that improper conduct includes a member of the public or staff using improper language or offensive words or actions. 23. Electronic distribution of Material —In this age of electronic technology it would make sense to allow Councillors to decide whether they wish to receive their materials electronically or in print form. Clause 2.6 should be amended to allow Councillors to decide the format of the materials they are to receive. 24. Electronic Recording of Meetings — Clause 43.1 should be amended to say electronic recording of meetings rather than just audio as the Council Chambers are now equipped with DVD recording equipment to allow for visual as well as audio recording. 25. Agenda Preparation — Clauses 18.3 and 27.3 deal, in part, with the preparation of Agendas for the meetings of Ad Hoc Committees and Advisory Committees. These clauses should be amended so that the Agendas are prepared by Staff and reviewed by the Chair being a more accurate reflection of what does normally happen. OPTIONS Council may adopt all, some or none of the suggestions contained within this report. It should be noted that all of the clauses are mutually exclusive and Council may make changes to one clause without impacting other clauses. FINANCIAL IMPLICATIONS There are no direct financial implications to this report. LINK TO STRATEGIC PLAN Goal A — Maintaining a well managed and fiscally responsible municipality. Goal B — Supporting a healthy business environment that attracts new business and is responsive to the needs of our current business community. Goal C — Continuing controlled well planned growth. Goal E — Promoting open, accountable, transparent and accessible municipal government. —56— GENERAL COMMITTEE - MAY 2, 2006 April 18, 2006 - 6 - Report No. ADM06-005 CONCLUSIONS The changes suggested in this Report are offered in an attempt to assist Council and its Committees to proceed in manner that will allow full and open debate of matters placed before them. There may be other suggestions that Council would like to suggest and it is hoped that this Report will encourage other ideas to assist the Town in the conduct of its business. ATTACHMENTS Draft Procedure Bylaw with changes highlighted. PRE -SUBMISSION REVIEW Management Team -April 12, 2006 Prepared by. John S. Rogers, Chief Administrative Officer- Ext. 4244 n S. Rogers Chief Administrative Officer -57- GENERAL COMMITTEE - MAY 2, 2006 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4280-01.0 BEING A BY-LAW to govern the procedures of the Council of the Town of Aurora and its Committees and Boards. WHEREAS the Municipal Act, R.S.O. 1990, c.M. 45, (as amended, the "Municipal Act") authorizes every municipal Council to enact By-laws to govern the proceedings of Council, the conduct of Council Members and the calling of meetings and authorizes the head or other presiding officer to expel or exclude from any meeting any person who has been guilty of improper conduct; AND WHEREAS the Council of the Corporation of the Town of Aurora considers it desirable to enact a By-law in this regard and to repeal prior procedural By-laws; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: Section 1 - Definitions In this By-law the following terms shall have the following meanings 1.1 "Ad Hoc Committee" shall mean a committee constituted by Council from time to time pursuant to Part III of this By-law to act on a temporary or singular issue, and shall be discontinued by Council resolution when their recommendations upon the specified initiative or' matter have been provided and further recommendations are no longer required. 1.2 "Advisory Committee" shall mean a committee constituted by Council from pursuant to Part IV of this By-law to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.3 "C.A.O." shall mean the Chief Administrative Officer for the Municipal Corporation. 1.4 "Chair" shall mean the person presiding at a meeting in accordance with the provisions in this By-law governing that meeting. 1.5 "Clerk" shall mean the Clerk of the Corporation of the Town of Aurora, or his/her delegate. 1.6 "Committee Member" shall mean a member of a Committee governed by this By-law. of 46 GENERAL COMMITTEE — MAY 2, 2006 1.7 "Council" shall mean the Council of the Corporation of the Town of Aurora. (1) 1.8 "Local Board" shall mean a body established by Council pursuant to a specific statutory authority. 1.9 "Local Board Member" shall mean a member of a Local Board governed by this By-law. 1.10 "Member" shall mean a member of Council. 1.11 "Municipal Corporation" shall mean the Corporation of the Town of Aurora. 1.12 "Secretary" shall mean the person appointed to this By-law to record the proceedings of any meeting constituted pursuant to this By-law. 1.13 "Staff" shall mean employees of the Municipal Corporation. 1.14 "Standing Committee" shall mean a committee constituted pursuant to Part II of this Bylaw and shall be composed of Members of Council only. 1.15 "Record" shall mean written, audio, video or any combination thereof for for the purpose of compiling minutes of a public meeting. (4384-02.C) PART I - MEETINGS OF COUNCIL Section 2 - Calling of Meetings Inauaural Meetina 2.1 The inaugural meeting of Council after a regular municipal election shall be held in the Council Chambers of the Aurora Town Hall, and shall be held, except as otherwise provided for, on the first Tuesday in December at 7:300 p.m. local time. Regular Meetings 2.2 The next and each succeeding Regular meeting shall be held in the Council Chambers at the Town Hall, except as otherwise provided for in this By-law, and shall be held in accordance with the schedule of meetings of Council as prepared by the Municipal Clerk and approved by Council. All such Regular Council meetings shall generally be held on the second and fourth Tuesday of each month, at 7:00 p.m. or such other time as is prescribed by resolution of Council where it is necessary to reschedule a Regular meeting. Where a Regular meeting day is a public or civic holiday, Council shall meet at the same hour on an alternate day which is not a public or civic holiday, as prescribed by resolution of Council. GENERAL COMMITTEE — MAY 2, 2006 The starting time of Regular Meetings of Council shall be preceded by a twenty (20) minute Open Forum period, if necessary as determined by Council. (2) July/August Meetings 2.3 Notwithstanding the provisions of this By-law, during the months of July and August there shall be no Regular meetings of Council, save and except that a Council meeting may be scheduled for one date in each month. Public Planning Meetings 2.4 In addition to'its schedule of Regular meetings, where development related applications have been -submitted under the Planning Act, Council shall meet in the Council Chambers on the last —fourth Wednesday of each month commencing at 7:00 p.m. to conduct public hearings to consider such applications. Special Meetings 2.5 Where it is deemed necessary to hold a meeting that is not a regularly scheduled meeting, as evidenced by the consent of two-thirds of all of the Members, a Special meeting of Council may be held in order to deal with a range of matters, including but not limited to ratifying, confirming, and expediting business arising out of Committee meetings, matters which require urgent consideration or matters which require the Mayor and Clerk to sign and affixthe seal of the Corporation to any agreement, deed, conveyance or other document purporting to bind the Corporation. Notice of Meetings Provided to Council Members 2.6 (a) Notice to Council Members shall not be required to be given of Regular meetings of Council, unless the day of meeting is other than that provided by this By-law or by Council resolution. It is understood that provision of the Agenda for Regular Council and Public Planning meetings by the Clerk for pick-up by the Members or in electronic format if requested by Member shall be considered adequate notice of such Regular meetings. (b) At least 48 hours previous notice of all Special meetings, shall be given to each Member of Council, either by first class mail, by facsimile, by e-mail or by the delivery of notice or delivery of the Agenda for such a meeting to each Member's home or place of business or in electronic format if requested by a Member. (c) At Special meetings of the Council, it shall not be within the jurisdiction of Council at that meeting to consider or decide upon any matter unless such matter had been specified in the notice calling the meeting. This provision may be only waived where all Members of Council are present to vote upon a motion to waive this clause. —60—Page 9 of 46 GENERAL COMMITTEE — MAY 2, 2006 (d) The Council may by resolution provide that any meeting shall be held at a place within the Town of Aurora other than in the Council Chambers at the Town Hall. 0 Notice of Meetinas Provided to the Public 2.7 (a) Council shall generally hold its meetings at the Town Hall on the second and fourth Tuesday of each month at 7:00 p.m. beginning with a 20 minute Open Forum if necessary as determined by Council, unless Council meets in a Special meeting called pursuant to the terms of this By-law or unless Council authorizes holding any meeting at a different location or date or time and notice thereof has been provided in accordance with the provisions of this By-law. (b) Notice of all meetings of Council shall be provided to the public by placing a copy of the Agenda on the counter of the Corporate Services Dept. in the Town Hall by posting an electronic version of the Agenda on the Town of Aurora website and by making a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list with the Municipal Clerk, not less than twenty-four (24) hours prior to the said meeting. Notwithstanding the foregoing, where such meeting is a Special meeting called pursuant to this By-law and it is not possible to provide the aforementioned notice, the Municipal Clerk shall make reasonable efforts to provide notice to those concerned. Open Meetings - Exceptions 2.8 (a) Except as provided in this clause 2.8 aAll meetings of+he Council any +� Committees shall be open to the public;; except hence-;,atters_ t • (i) the security of the property of the municipality or local board; ii perso'nal matters about an identifiable individual, including municipal or local board employees; iii a proposed or pending acquisition or disposition of land for -by the municipality or local board-lawpeses; 4396-0 • iv labour relations or employee negotiations; —61— Page 10 of 46 GENERAL COMMITTEE — MAY 2, 2006 +. (v) litigation or potential litigation, —_including matters before administrative tribunals, affecting the municipality or local boards; (vi) theme -advice that is subject to solicitor -client privilege, including communications necessary for that purposes; aador vii a matter in respect of which a eeuFneilCouncil, board, committee or other body has ^ meetmg + b les may hold a closed meeting under another Act. (c) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council Board Commission or other body is the head of an institution for the purposes of that Act (d) Before holding a meeting or part of a meeting that is to be closed to the public a municipality or local board or committee of either of them shall state by resolution i. The fact of the holding of the closed meetings; and ii. The general nature of the matter to be considered at the closed meeting (e) Subiect to subsection (f) a meeting shall not be closed to the public during the taking of a vote (f) A meeting may be closed to the public durinq a vote if, i. Subsection II or III permits or requires the meeting to be closed to the public; and ii. The vote is for a procedural matter or for giving directions or instructions to officers employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board (q) Formal minutes will be taken at all closed session meetings of Council or its (h) As part of Council's or its Committee's closed session deliberations a determination will be made by Council or Committee members as to when the matter(s) will be ratified publicly by Council or its Committees to the extent that the public interest permits. At no time will Committees report publicly, since closed sessions deliberations must only be reported to Council (i) All information documentation or deliberations received reviewed or provided in a closed session meeting is confidential Members of Council shall not release reproduce, copy or make public any information or material considered at a closed session meeting or discuss the content of such a meeting with persons other than members of Council or relevant staff members prior to it being reported in public by Council (I) While in closed session members of Council will determine how and when information concerning the matters dealt with shall be reported out public By way of examples matters dealt with in closed session can either be ratified in open Council immediately after the closed session or at a future scheduled Council 1 of 46 GENERAL COMMITTEE - MAY 2, 2006 meeting. U Upon the reporting out of anv closed session agenda item any individual members may express their own personal position on the item but shall not refer to or discuss the specific positions or opinions (written or verbal) of other members of Council or town staff. The aaenda or anv other support items for consideration by Council or its committees in closed session shall not be released to the public in advance of the in closed session meeting or prior to the time agreed upon for public ratification by Council. d2i=-these "-tivn^rr-rnzcrs,--wu�-.E;ro.-rcCommittees -n may ser-rve+qoI 1—era". ' lIffilW9W0�W- - eA. - e- - 0 - -it it 1111 - - (h) Upon the reporting Camera" -item, aRy individual members -may -express their own-par-sonal e Page GENERAL COMMITTEE - MAY 2, 2006 T7YR.'� ._ ..__ .. - - - - �- -•- - --- --- a e_e war aim _&4,_ Page 13 of46 GENERAL COMMITTEE — MAY 2, 2006 Section 3 - Order of Business Cal 3.21 The Order of Business of Council at a regular meeting shall in all cases, be taken up in the following sequence, unless otherwise decided by the majority of . the Members present: ➢ Declaration of Pecuniary Interest ➢ Approval of the Agenda ➢ Open Forum ➢ Adoption of the Minutes ➢ Presentations ➢ Determination of Items Requiring Separate Discussions ➢ Adoption of Items not Requiring Separate Discussions ➢ Delegations ➢ Consideration of Items Requiring Separate Discussion ➢ Regional Reports ➢ OtheFNew Business/General Information, Councillors and Chief Administrative Officer ➢ Reading of By-laws ➢ 4PGamClosed Session ➢ Adjournment 3.32 3.3 Notwithstanding the provisions of this section, it shall be open to Council to consider F^-; -Game,aa Closed Session matter at any point in the order of business upon enactment of a resolution in that regard. 3.4 As soon after the hour fixed for holding the meeting of the Council as there is a quorum present, the Mayor shall assume the Chair and shall call the Members to order. 3.5 A majority of the Members shall constitute a quorum. 3.6 3:6---If there be no quorum presentwithin one half (1/2) hour after the time fixed for holding the meeting of Council, the Clerk shall call the roll and take down the 65Page 14 of 46 GENERAL COMMITTEE — MAY 2, 2006 names of the Members present and the meeting shall immediately stand adjourned until the next meeting. reason for such request. 3.79 (a) At the outset of the meeting the Chair shall call for a vote on a motion to approve the contents of the agenda. During the consideration of the motion any Member may request the addition or deletion of any item or a revision to the order of business. The debate shall then relate to whether the agenda should be approved, not the merits of the items themselves. (b) No addendum items shall be included in the Council Agenda unless it is deemed to be a significant issue and approved by the Chief Administrative Officer. ►v0 Delegations 3.10 (a) Delegations shall be encouraged to appear at the appropriate Committee first rather than Council. Anyone wishing to appear before General Committee or Council shall advise the Director of Corporate Services/Town Clerk by 4:30 p.m. on the Monday prior to the meeting. The request to appear shall be in writing and shall state in detail the nature of the matter to be presented by the spokesperson. (b) Anyone wishing to speak on an item that is not on the Council Agenda shall be directed to appear at the Open Forum Session that precedes Council meetings. Alternatively, the delegate may be placed on a Committee Agenda to address an issue that is not on the agenda. (c) No person other than the designated spokesperson may speak on the matter and for not more than five (5) minutes, except that a delegetation consisting of 3 or more persons who are present at the meeting and wish to discuss the same issue may have more than 1 speaker provided that the speaking time collectively does not exceed fifteen (15) minutes. of 46 GENERAL COMMITTEE — MAY 21 2006 (d) A delegate not on the agenda shall not be heard without the consent of at least two thirds majority of the Members present. (e) All delegations appearing before General Committee or Council shall be permitted to speak only once on an item. Once discussion in respect of a motion or resolution has commenced, no further presentation shall be made by the delegate or by any other person other than a Member of Council. (f) A delegation appearing before General Committee or Council shall not be placed on an agenda to discuss the same matter within four (4) weeks of the last appearance by the same delegate, unless the matter has been deferred or referred by General Committee or Council to a future meeting date, or specific direction has been given by General Committee or Council to re -attend a future meeting in order to provide additional information or clarification on the subject. (g) Any person may speak on the matter at a Public Planning Meeting provided that the spokesperson is speaking on an item that is contained in the agenda. The delegate shall not speak for more than five (5) minutes, by -but may have an opportunity to speak more than once on the agenda item. (h) Delegations shall speak in order of the item as it is listed on the agenda. MU Correspondence 3.@11 (a) Correspondence addressed to the Mayor and Council shall be acknowledged by the Director of Corporate Services and sent directly to the appropriate Committee or Director for response or action. (b) Copies of such correspondence shall also be distributed to Members of Council and the Chief Administrative Officer. B -laws 3.129 (a) All By-laws together with a brief description and the notation of the number of readings required shall be listed on the agenda for the meeting at which they are to be read; (b) Every By-law shall be introduced upon the motion of a Member specifying the title of the By-law; 6 of 46 GENERAL COMMITTEE — MAY 2, 2006 (c) Every By-law when introduced shall be in typewritten form and shall comply with the provisions of any relevant Act; (d) Every By-law shall have three readings prior to it being passed; (e) Any Member may request that the purpose and effect of any particular By- law be explained and the Chief Administrative Officer, Clerk, or any other Town Official having knowledge thereof may provide such explanation; �(f) If the majority of Council so determines, a By-law shall be taken as having _been read; (g) If the Council determines that a By-law is to be considered by a Committee, it shall be so considered prior to the third reading thereof; (h) The Clerk shall endorse on all By-laws passed by the Council, the date of each reading thereof; (i) By-laws shall be circulated in a draft format until such time as final approval is required. By-laws shall then be given three readings and enacted at the same meeting. (k) Every By-law passed by Council shall be numbered and dated, and shall be sealed with the Seal of the Municipal Corporation and signed by the Mayor and Clerk and shall be kept by the Clerk in his/her office or any other place appointed for that purpose. U Notice of Motion 3.143 (a) A Member desiring to introduce a subject for discussion shall, during the opportunity granted by the Chair, verbally provide notice of the proposed motion including the date when the motion will be broughtforward and the nature of the motion. This notice shall be received by the balance of the Members without debate. The Member shall then deliver a written copy of the proposed motion to the Clerk for inclusion in the agenda not later than 4:00 p.m. on the Thursday preceding the regular meeting at which the proposed motion is to be discussed; (b) The Clerk, upon receipt of such a proposed motion in written form, shall print the proposed motion in full in the agenda for the next regular meeting of the Council and shall circulate to the Members any supporting data provided therewith; (c) A Motion of this nature need not be considered or otherwise disposed of by the Council at the regular meeting at which it is first introduced but may be considered or otherwise disposed of at any subsequent meeting of the _6g_ Pa-e 17 of46 GENERAL COMMITTEE — MAY 2, 2006 Council provided the mover of the motion is in attendance at the meeting; (d) Any Member may agree to second the proposed motion when it is called for by the Chair. Other Business 3-4-2-3.14 This section shall contain items which a member may introduce which was not circulated with the agenda and which, due to its urgent nature cannot be properly presented at a subsequent meeting of Council or appropriate Committee. In addition, a member may introduce a notice of motion or a motion to reconsider in accordance with the provisions of this by-law. Members may also raise questions regarding matters that may be appropriate for staff comment in the form of immediate response or subsequent follow up. Any Direction to Staff Proclamations/Resolutions 3-133.15 All requests for endorsement of resolutions from municipalities outside of the Region of York shall be acknowledged by the Director of Corporate Services/Town Clerk, with the advice that the Town of Aurora does not take action on resolutions received from other municipalities, but rather makes its position known through the appropriate municipal association, or alternatively, directly to the relevant Minister or government leader; Resolutions initiated by the Town of Aurora shall not be circulated to other municipalities for endorsement outside of York Region, but shall instead by directed to the appropriate Minister of the government involved, and to the relevant municipal association; Proclamations/Resolutions from charitable or non profit organizations shall be acknowledged by the Mayor, and subject to the nature of the resolution, the Mayor may direct that the request be added to a Council or Committee agenda for consideration; Copies of all resolutions will be circulated to all Members of Council, the C.A.O. and Directors; Any resolution may be placed on a Councilor Committee agenda at the request of a Council Member. Adjournment 3.164 (a) On a motion, which is non -debatable and does not require a seconder, and is approved by the majority of Members present, the meeting shall be adjourned; (b) No item of business shall be considered at a meeting of the Council after 10:30 p.m. local time unless a majority of the Members present enact a resolution to extend the hour; 18 of 46 GENERAL COMMITTEE — MAY 2, 2006 (c) If the Council is still in session at the hour of midnight local time, it shall be adjourned unless a two-thirds majority of Council concur in the extension. Minutes 1 3.175 The Clerk shall record in the minutes: (a) The date, time and place of meeting; (b) The attendance of the Members including the time the Member arrives or leaves a meeting; (c) The reading, if requested, correction and adoption of the minutes of prior meetings; and (d) All other proceedings of the meeting without note or comment. 3.186 It shall be the duty of the Clerk to ensure that the minutes of each Regular Meeting, Public Planning Meeting and Special Council Meeting are made available to each Member no later than 48 hours after the holding of such Meeting. Confirmatory By-law 3.197 It shall be the practice of Council to enact a Confirmatory By-law at the end of every Council Meeting. (4614-04.C) "M Section 4 - Conduct of Meetings Duties of the Chair 4.1 The Chair of every Council meeting shall be the Mayor. In the absence or unavailability of the Mayor, the Chair shall be the Be"Acting Mayor. In the absence or unavailability of the Mayor and BeputyActing Mayor, the Chair shall be selected by those members of Council being present. 4.2 It shall be the duty of the Chair: (a) To open the meeting of the Council by taking the Chair, and calling the meeting to order. If the Mayor is the Chair, he/she shall wear the Mayor's Chain of Office; 19 of 46 GENERAL COMMITTEE — MAY 2, 2006 (b) To announce the business before the Council in accordance with the Agenda; (c) To receive and submit to a vote, in the proper manner, all motions which do not contravene the rules and regulations of the Council and to declare the results of the vote, except where a recorded vote is called for; (d) To decline to put to a vote motions which infringe upon the rules of procedure; (e) To restrain the Members, within the rules of procedure, when engaged in debate; (f) To enforce on all occasions the observance of order and decorum among the Members and the provisions of this By-law; (g) To authenticate, by his/her signature when necessary, all By-laws, resolutions and minutes of the Council; (h) To inform the Members on any point of order; and (i) To adjourn the meeting without the question being put or to suspend or recess the sitting for a time to be named, if it is considered necessary by virtue of a grave disorder or other disruption arising in the course of the meeting. Beauty-MayerActing Head of Council 4.3 The Council shall appoint by By-law the Member who received the highest number of votes to be e!eGted to act in the place and stead of the Mayor when the Mayor is absent -re t"e-4:R ipat+ty-er�� ;mot"r-ate," illRems, or refuses to act, orlhis-the office is vacant. Such appointee shall be !:Rowe as th, Deputy -Mayer and shall have all of the autLe cs "T powers and autherity duties of the Mayor during such absence, refusal to act, or vacancy of office and Conduct of Members 4.4 No Member shall: (a) Use offensive words, inappropriate actions or unparliamentary language in or against the Council or against any Member of Council. any Staff or member of the public; (b) Speak on any subject other than the subject in debate; (c) Criticize any decision of the Council except for the purpose of moving that GENERAL COMMITTEE MAY 2, 2006 the question be reconsidered; (d) Disobey the rules of procedure of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. Where a Member persists in any such disobedience after having been called to order by the Chair, the Chair may order that such Member leave his/her seat for the duration of the meeting of the Council, but if the Member apologizes he/she shall be permitted to retake his/her seat. Improper Conduct 4.5 (a) Improper conduct shall be deemed to exist where any person breaches the rules of procedure or interrupts the proceedings of Council such that continuation of the meeting is rendered difficult or impossible. (b) Where a person has, in the opinion of the Chair, been guilty of improper conduct at any meeting the Chair may expel or exclude any such person from the meeting. (c) In order to expel or exclude such person, the Chair may require the security personnel for the Town or such other persons as are present to take such reasonable measures as are necessary to exclude or expel the person whose conduct has been improper and such measures may include involving police assistance. Suspension of Procedural Requirements 4.6 u Except as provided herein, the provisions of this By-law shall be observed in all proceedings of Council and its Committees, provided that the rules and regulations contained herein may be suspended by two-thirds majority vote of aA-sf-the Members present. Upon suspension, the new procedure to be followed shall be determined by a majority vote of the Members present. ADD (b) A motion to suspend the rules of procedure required by this By-law shall not be debatable or amendable. Statutory Hearings 4.7 Hearings required by statute shall be undertaken in accordance with the prescription and procedure outlined in the relevant statute or as otherwise directed by law. 01 1 of 46 GENERAL COMMITTEE — MAY 2, 2006 Rules of Order 4.8 In all circumstances in the proceedings of the Council or in Committee not provided for in this By-law, resort shall be had to Robert's -Bourinot's Rules of Order as a rule for guidance on the question, and in such cases, the decision of the Chair shall be final and acquiesced in without debate. Conflicts and Disclosures of Interest 4.9 All Members of Council and its Committees shall govern themselves in accordance with the requirements of applicable conflict or disclosure of interest legislation with respect to matters noted therein, including disclosures of pecuniary interests, receipt of gifts, recompense or other benefit not in accordance with applicable law and attempts to use information gathered through the Council or Committee process for personal financial gain, where such information is not generally available to members of the public. Section 5 - Rules of Debate Debate 5.1 (a) Every Member who wishes to speak to any motion shall raise his/her hand to be recognized by the Chair and, upon being recognized, shall address the Chair; (b) When two or more Members indicate that they desire to speak, the Chair shall recognize the Member who first indicated his or her desire to speak; (c) Members shall remain seated at all times during the meeting except that a motion, which requires no seconder, may be made that any Member who has risen "BE NOW HEARD". When the Chair calls for the vote on such a motion, each Member shall occupy his/her seat and shall remain in their place until the result of the vote has been declared, and during such time no Member shall rise or speak to any other Member or make any noise or disturbance. No Member shall speak to the motion nor shall any other motion be made until after the vote is taken and the result has been declared; (d) When a Member is speaking, no Member shall interrupt the speaker except to raise a question of privilege, appeal from the decision of the Chair, raise a point of order or move reconsideration; (e) Any Member may require a motion under discussion to be read at an' y time during the debate but not so as to interrupt a Member while speaking; (f) No Member shall speak more than twice to the same motion without leave of the Council, except that a reply shall be allowed to be made only by the Member who has presented the motion to the Council; (g) No Member, without leave of the Council, shall speak to the same motion, or in reply, for longer than thirty (30) minutes; GENERAL COMMITTEE — MAY 2, 2006 0-9) (h) A Member may ask a question only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. Notwithstanding the foregoing, when a Member has been recognized as the next speaker, such Member may immediately before speaking, ask a question through the Chair on the motion under discussion but only forthe purpose of obtaining relevant information, following which the Member shall speak; (i) The Chair of Council or Committee shall be permitted to speak on any issue to conclude the debate without the need to transfer the Chair to another Member. Seconding of Motions 5.2 Except as otherwise provided in this By-law, a motion shall be formally seconded before debate on a question and before the Chair can put the motion or a motion can be recorded in the minutes by the Clerk. Ultra Vires 5.3 A motion in respect of a matter which is ultra vires thejurisdiction of the Council shall not be in order. Voting 5.4 (a) The Chair, except where he/she is disqualified to vote by statute, is entitled to vote on all motions that are presented; (461404.C) (b) The vote required to pass a motion shall be a simple majority except as otherwise provided in this By-law or by statute; (c) In the case of an equal division of votes on a motion, the motion shall be deemed to have been decided in the negative; (d) The manner of determining the decision of the Council on a motion shall be by show of hands as declared by the Chair, unless a recorded vote is called for by a Member. Each Member present, except a Member who is disqualified from voting by statute, shall vote and any failure to vote by a Member who is not disqualified shall be deemed to be a negative vote; (e) The Chair shall declare the vote carried, carried unanimously, or defeated (f) Where a vote is to be taken for any purpose, a Member may request that the vote be recorded immediately before or after the taking of the vote, but prior to any consideration of another matter of Council, and each Member present, except a Member who is disqualified from voting by Statute, shall announce their vote openly, and any failure to vote by a Member who is not disqualified, shall be deemed to be a negative vote. Members shall vote in alphabetical order according to surname, with the Mayor announcing his/her vote last. _ 7 A _ Page 23 of 46 GENERAL COMMITTEE — MAY 2, 2006 The Clerk shall record each vote and announce the results. (4614-04.C) Division of Motion 5.5 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in the motion if requested by one of the Members present. Precedence of Motions 5.6 Except as otherwise provided in this By-law, the order of presentation and disposition of motions shall be as follows with the lowest ranking motion being at the bottom of the list. A motion shall not be in order if a motion having higher precedence is pending or is raised: (a) Privileged Motions (i) Adjourn (ii) Recess (iii) Question of Privilege (b) Incidental Motions (i) Appeal (ii) Point of Order (iii) Withdrawal of Motion (iv) Suspension of Rules (c) Subsidiary Motions (i) Previous Question (ii) Limit or Extend Limits of Debate (iii) Postpone to. a Definite Time (Defer) (iv) Refer (to a different entity) (v) . Amend (vi) Postpone Indefinitely (Table) (d) Main (Principle) Motions Main Motion Take from the table Reconsider Motion to Adjourn 5.7 A motion to adjourn: (a) Shall always be in order except as otherwise provided in this By-law; (b) When resolved in the negative, the motion shall not be presented again until after some intermediate proceedings have completed by the Council; _75_ Page 24 of 46 GENERAL COMMITTEE — MAY.2, 2006 4-5) (c) Shall not be in order when a Member is speaking or during the verification of a vote on a motion; (d) Shall not be in order immediately following the affirmative resolution of a motion for the previous question; (e) Shall not be debatable; (f) Shall not be amendable; (g) Shall not have a motion to reconsider applied to it; and (h) Shall be entertained by the Chair without a seconder. Motion to Recess 5.8 (a) A motion to recess when other business is before the meeting: (i) Shall specify the length of time of the recess; (ii) Shall not be debatable and shall only be amendable with respect to the length of the recess; and (iii) Shall not have a motion to reconsider applied to it. (b) A motion to recess at a future time shall have no privilege and shall be treated as a main motion. Question of Privilege 5.9 (a) Where a Member considers that his/her integrity or the integrity of the Council as a whole has been called into question, such Member may, as a matter of privilege, raise the matter at any time, with the consent of the Chair, no debate being allowed, for the purpose of drawing the attention of the Council to the question; (b) A motion resulting from a question of privilege shall be treated as a main motion and shall receive disposition by the Council forthwith and, following such disposition, the motion so interrupted shall be immediately considered at the point where it was suspended. 5.10 A motion to appeal from the decision of the Chair: (a) May only be made with regard to a point of order at the time a ruling is made by the Chair on a point of order; (b) Shall not be debated, amended or reconsidered; and GENERAL COMMITTEE — MAY 2, 2006 (c) Shall yield to a privileged motion. Point of Order 5.11 (a) A point of order may be called by a Member to bring attention to: (i) Any breach of the Rules of Procedure of Council; (ii) Any defeat in the constitution of any meeting of Council; (iii) The use of improper, offensive or abusive language or inappropriate action; (iv) Notice of the fact that the matter under discussion is not within the scope of the proposed motion; or (v) Any other informality or irregularity in the proceedings of Council. (b) When a Member wishes to raise a point of order, the Member shall ask leave of the Chair to raise the point of order and after leave is granted the Member shall state the point of order to the Chair and no further business shall be conducted until the Chair has decided and stated the point of order; (c) Thereafter, a Member shall only address the Chair for the purpose of appealing the Chair's decision to the Council; (d) If no Member appeals, the decision of the Chair shall be final; (e) If a Member appeals the Chair's decision on a point of order to the Council, the Member shall have the right to state his/her case, the Chair shall have the right to reply and Council shall decide the question without further debate and its decision shall be final. Withdrawal 5.12 (a) A request to withdraw a motion: (i) Shall only be made by the mover of the motion; (ii) Shall have the consent of the seconder of the motion; and (iii) Shall be in order at anytime during debate. (b) If any Member objects to the withdrawal of the motion, a withdrawal motion may be entertained, is debatable, requires a seconder and a majority vote. If no Member objects to the withdrawal of the motion, the motion shall be considered withdrawn without the necessity of a vote. —77— Page 26 of 46 GENERAL COMMITTEE — MAY 2, 2006 0-7) Suspension of Rules 44Gt be debatable eF amendable and shall Fequire a tWG-thirds Maj0Fity vote of the Members PFesent• (b) A motion to FeGGnsideF shall not be applied to aM40R tA_ suspend the Previous Question 5.14 A motion for the original question (to close debate): (a) Shall not be debatable or amendable; (b) Shall not be proposed when there is an amending motion under consideration, exceptforthe purpose of moving thatthe amending motion be put; (c) Shall require a two-thirds majority vote; (d) When resolved in the affirmative, the original motion shall be put forward without debate or amendment; and (e) Shall not be moved by a Member who has spoken on the main motion. Limit or Extend Limits of Debate 5.15 A motion to limit or extend the limits of debate: (a) Shall not be debatable; (b) May be amended; (c) May be reconsidered; and (d) Shall require a two-thirds majority vote. Postpone to a Definite Time 5.16 (a) A motion to postpone a matter to a definite time (defer) shall be debatable, amendable and may be reconsidered; (b) If a matter has been postponed to a definite time and a Member wishes to bring it back before the appointed time, the motion to bring the matter back shall require a two-thirds majority vote. 7 of 46 GENERAL COMMITTEE — MAY 2, 2006 US Motion to Refer 5.17 A motion to refer a matter to a different entity shall not be debatable or amendable and shall not be reconsidered or tabled. Motion to Amend 5.18 A motion to amend: (a) Shall be debatable and may be reconsidered; (b) Shall be relevant to the main motion; (c) Shall receive the disposition of the Council before a previous amendment or the motion; (d) Shall not be further amended more than once, provided that further amendments may be made to the main motion; (e) Shall not be in order if it proposes a direct negative to the main motion; (f) Shall be put in the reverse order to that in which it is moved; and (g) May be presented by the mover and seconder of the main motion. Motion to Postpone Indefinitely 5.19 A motion to postpone indefinitely (to table) shall be debatable, shall not be amended and may be reconsidered. Motion to take from the Table 5.20 A motion to take from the table: (a) Shall not be in order when another motion is before the meeting; (b) Shall not be debatable or amendable; (c) When resolved in the negative, shall not be presented again until after some intermediate proceedings have been completed bythe Council; and (d) When resolved in the affirmative, the matter taken from the table shall not be laid on the table again until after some intermediate proceedings have taken place. _7A_ Page 28 of46 GENERAL COMMITTEE — MAY 2, 2006 Reconsideration 5.21 (a) After a resolution/By-law that determines the final outcome of a main motion has been enacted, Council may not reconsider or rescind such resolution/By-law for a period of six months, except in accordance with these provisions. 0-9) (b) Any Member may give notice of a motion to reconsider or rescind a resolution/By-law. (c) Such notice may only be given during the Other Business section of a meeting and may relate to a resolution/By-law enacted during that meeting or at a prior meeting; (d) If the motion is seconded, Council may only enact such a motion by a two- thirds majority vote; (e) Where it is determined that a resolution/By-law shall be reconsidered, no further action shall be taken to carry into effect the affected resolution/By- law until after the motion to reconsider has been disposed of, either at the next regular meeting or at a special meeting called to consider the motion to reconsider; (f) No discussion of the affected resolution/By-law shall be allowed at a Council meeting where notice to reconsider is given, until Council has voted to reconsider the same, but the Member giving such notice shall have the privilege of stating the reasons for doing so; (g) When the affected resolution/By-law is reconsidered, either at the next regular meeting or at a special meeting, it shall be declared lost, unless passed by the majority of the Members present; (h) Once a resolution/By-law has been the subject of a motion to reconsider duly seconded and voted on, such resolution/By-law may not again be reconsidered until six months after its original enactment and no resolution to reconsider may itself be the subject of a motion to reconsider. of 46 GENERAL COMMITTEE — MAY 2, 2006 i=1 PART II - STANDING COMMITTEES Section 6 - Creation and Disposition 6.1 Council hereby establishes a General Committee. (4614-04.C) 6.2 Standing Committees shall only be discontinued by amendment to this By-law. Section 7 - Terms of Reference 7.1 The General Committee may consider delegations, correspondence, staff reports and matters for discussion in relation to matters ordinarily within the competence of the Municipal Corporation's Departments which may require more elaboration and discussion than would be appropriate in a formal Council Meeting and such other matters as Council may by resolution determine. 7.2 The General Committee may consider the Records and Reports of such Ad Hoc and Advisory Committees as have been directed by Council to report to the General Committee. 7.3 The General Committee shall act as the Audit Committee and shall have separate terms of reference for its Audit Committee functions. 7.3-4 Upon consideration of such matters as are provided for herein, the General Committee shall report to and make recommendations to Council. Section 8 - Membership 8.1 All Members of Council shall be General Committee members. Section 9 - Chair 9.1 The Chair for the General Committee shall be rotated among the Members of Council, excluding the Mayor, on a meeting to meeting basis, in order of elected officials concurrent with the present term of this Council. 9.2 The Chair shall have such responsibilities and powers as are provided for the Chair in Part I of this By-law, subject to the intention that conduct of General Committee meetings shall be informal. 9.3 In the absence of the person appointed as Chair, the Committee Members shall —81— Page 30 of46 GENERAL COMMITTEE — MAY 2, 2006 appoint one of their members as Chair for the purposes of that meeting. 1 of 46 GENERAL COMMITTEE — MAY 2, 2006 Section 10 - Quorum 10.1 A quorum for the General Committee shall require the attendance of a majority of the appointed Council Members. (4396-02.C) I= Section 11 -Administrative Support 11.1 The duties of the Secretaryto the General Committee shall be carried out by the Municipal Clerk including preparation of an Agenda and Attachments, the giving of notice, recording the proceedings, including Records of such proceedings on Agendas for Council's consideration and related correspondence. Section 12 - Open Meetings & Notice of Meetings 12.1 The General Committee shall meet on the first and third Tuesday of the month at 7:00 p.m. or as determined and approved by resolution of Council. After 12.2 The provisions in Part I in relation to scheduling Regular and Special Meetings, Notice of Meetings provided to Council Members and to the Public and Open Meetings apply to meetings of the General Committee. Section 13 — Order of Business 13.1 It is intended that the conduct of all Standing Committee Meetings kin-s udingthe may newattire) shall be informal: 13.2 The Order of Business of General Committee shall in all cases be taken up in the following sequence, unless decided otherwise by the majority of the Members present: ➢ Declaration of Pecuniary Interest ➢ Approval of the Agenda ➢ Adoption of the Minutes ➢ Determination of Items Requiring Separate Discussion ➢ Adoption of Items Not Requiring Separate Discussion ➢ Delegations ➢ Consideration of Items Requiring Separate Discussion ➢ Qther—New Business/General Information;_ Councillors and Chief Administrative Officer ➢ fi;- Closed Session ➢ Adjournment 13.3 Debate on any matter shall proceed informally under the direction of the Chair, except that Committee Members may speak to any issue more than once provided all other Committee Members who wish to speak have had an —82— Page 32 of 46 GENERAL COMMITTEE — MAY 2, 2006 opportunity to do so. 13.4 No vote taken at a Committee meeting shall be a recorded vote and any vote previously taken during that meeting may be reconsidered. 13.5 13.5—The Chair shall have authority to determine the conduct of 4emb meetings in accordance with the appropriate parts of Sections 2-2 and 3 herein. Section 14 - Reporting 14.1 The General Committee shall report directly to Council. 14.2 No discussion or recommendation of the General Committee shall constitute an act of Council unless such recommendation is adopted by Council. 14.3 The Report from General Committee that is presented to Council shall not contain the mover or seconder on each item but rather shall only show the recommendation as endorsed by General Committee. GENERAL COMMITTEE — MAY 2, 2006 PART III - AD HOC COMMITTEES Section 15 - Creation and Disposition 15.1 Council may from time to time by resolution establish such Ad Hoc Committees as it deems appropriate. 15.2 Ad Hoc Committees shall be discontinued by Council resolution when their recommendations upon the specified initiative or matter have been provided and further recommendations are no longer required. Section 16 - Terms of Reference 16.1 Ad Hoc Committees may consider delegations, correspondence, staff reports and matters for discussion in relation to the initiative or matter specified in their Terms of Reference in order to provide recommendations to Council. (4614-04.C) 16.2 Whenever possible the operating Terms of Reference shall be established by Council concurrent with the creation of the Ad Hoc Committee. In circumstances where to do so is not possible as a prelude to undertaking any other action, the Ad Hoc Committee shall meet, prepare and submit to Council the Terms of Reference for approval as soon as is practicable. (4614-04.C) Section 17 - Membership 17.1 The Mayor (or BeputyActing Mayor when acting in the place and stead of the Mayor) shall be ex-officio a Member of all Ad Hoc Committees as may be established from time to time. Accordingly, the ex-officio member may take part in discussions but may not take part in the vote unless that member is counted in order to form a quorum. 17.2 Council shall appoint all of the members to its Ad Hoc Committees and such persons may be such Council Members, or members of the public as Council determines may be of assistance to its Ad Hoc Committees. _$ar_ Pape 34 of46 GENERAL COMMITTEE — MAY 2, 2006 17.3 Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings, including any in -camera portion of the meeting and shall be entitled to speak, but shall not be entitled to vote. (4614-04.C) Section 18 - Chair 18.1 The Chair and Vice Chair shall be appeirrted elected from among members of the committee and shall have such responsibilities and powers as are provided for the Chair in Part I of this By-law. (4396-02.C) 18.2 In the absence of the person appointed by Council as Chair, the Committee Members shall appoint one of their members as Chair for the purposes of that meeting. 0 18.3 The Chair shall provide leadership and direction to the Committee, and in consultation with such staff shall 4etefm e review the content of the Agenda including any attachments for each Committee meeting. (4614-04.C) 18.4 The Chair shall direct the affairs of the Committee in accordance with the provisions of this By-law, applicable policies and procedures of the Municipal Corporation and provincial legislation. Section 19 - Quorum 19.1 A quorum for Ad Hoc Committees shall require the attendance of a majority of the members who may have been appointed. (4396-02.C) Section 20 - Administrative Support 20.1 The duties of the Secretary to each Ad Hoc Committee shall be carried out by staff as appointed by the C.A.O. in consultation with the Chair and each Secretary shall continue under the supervision of their respective Department Head. 20.2 Where the staff person appointed by the C.A.O. is unavailable, Committee members shall appoint a person as Secretary for the purposes of that meeting. 20.3 The Secretary shall prepare, an Agenda and Attachments at the direction of the Chair and shall make such materials available as provided in this By-law to all Council Members, to the Committee's Members, to the C.A.O. and the Clerk and the Secretary shall provide Notice of the meeting to the public in accordance with the provisions of section 2 herein. 20.4 Where materials are provided for the Committee's consideration that were not previously circulated with the Agenda and Attachments, the Secretary shall make such materials available to all Council Members, the C.A.O. and the Clerk as soon -as is practicable after the Committee meeting by placing a copy of such —26— Pane 35 of 46 GENERAL COMMITTEE — MAY 2, 2006 materials in the internal mail system of the Municipal Corporation. 20.5 The Secretary shall provide, under the signature of the Chair, a Committee Report of the Committee's meetings to the Clerk for inclusion on the Ceunci4 General Committee Agenda. (4614-04.C) 20.6 Repealed (4614-04.C) 20.7 The duties of Ad Hoc Committee Secretary shall not include circulation of correspondence arising from adoption of Ad Hoc Committee recommendations by Council, since that function will be provided by the Clerk. (4614-04.C) M-112411 20.8 It shall also be open to the C.A.O to provide the Committee with staff technical support should the matters to be considered by the Committee require such expertise and, in such cases, the role of the Secretary may be separated or consolidated with the role of the technical support person. Section 21 - Open Meetings & Notice of Meetings 21.1 Meetings of Ad Hoc Committees appointed by Council shall be held at the Aurora Town Hall or other disability accessible Town owned facility at a time and date established by the Committee atthe beginning of the year/term, unless it is in the public interest to temporarily convene a meeting at another location within the Town of Aurora. (4303-01.C) 21.2 Any meeting of an Ad Hoc Committee may be cancelled or scheduled subjectto the approval of the majority of the committee, and proper notice of the change shall be circulated to the media and posted on the Town's Notice Board if possible. (4303-01.C) 21.3 The Secretary shall give notice of all meetings by making available for pick-up or electronically, if requested, a copy of the Agenda and Attachments to all Council Members, to the Committee's Members, to the C.A.O. and to the Clerk. 21.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the lobby of the Town Hall and shall make a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list. 21.5 Where a meeting is called upon less than twenty-four (24) hours advance notice, it shall be the responsibility of the Chair and the Secretary to make reasonable efforts to provide notice to those concerned. —87— Page 36 of 46 GENERAL COMMITTEE — MAY 2, 2006 21.6 All meetings of Ad Hoc Committees shall be open to the public, except as provided for in section 2 herein, and Committee Members shall observe all provisions respecting :Pe aclosed session meetings in this By-law. Materials supplied for4-caaieraclosed session consideration must previously have been circulated to all Members of Council, the C.A.O. and the Clerk, taking due care to ensure the confidentiality of such materials. Section 22 - Procedures and Rules of Debate 22.1 It is intended that the conduct of all Ad Hoc Committee Meetings ki.;�he maRRer of attire) shall be +nformal. 22.2 The order of business shall include disclosures of interest and the Committee shall have authority to hear delegations and to consider reports and correspondence in addition to topics for general discussion within the Committee's Terms of Reference. 22.3 Debate on any matter shall proceed +nformally under the direction of the Chair, except that Committee Members may speak to any issue more than once provided all other Committee Members who wish to speak have had an opportunity to do so. 22.4 No vote taken at a Committee meeting shall be a recorded vote and any vote previously taken during that meeting may be reconsidered. 22.5 The Chair shall have authority to determine the conduct of members in accordance with Section 2 herein. Section 23 - Reporting 23.1 No discussion or recommendation of an Ad Hoc Committee shall constitute an act of Council unless such recommendation is adopted by Council. (4384-02.C) of 46 GENERAL COMMITTEE— MAY 2, 2006 [�7 PART IV- ADVISORY COMMITTEES Section 24 - Creation and Disposition 24.1 Council may from time to time by resolution establish such Advisory Committees as it deems appropriate to provide directions to such Department Heads as it may designate on a specific initiative or matter. (4614-04.C) 24.2 Advisory Committees shall be discontinued by Council resolution when their recommendations upon the specified initiative or matter have been provided and further recommendations are no longer required. Section 25 - Terms of Reference 25.1 Advisory Committees may consider delegations, correspondence, staff reports and matters for discussion in relation to their Terms of Reference in order to provide advice and guidance to such departments of the Municipal Corporation as Council may designate. 25.2 Whenever possible the operating Terms of Reference shall be established by Council concurrent with the creation of the Advisory Committee. In circumstances where to do so is not possible as a prelude to undertaking any other action, the Advisory Committee shall meet, prepare the Terms of Reference for inclusion in a Report to Council for approval as soon as is practicable. (4614-04.C) Section 26 - Membership 8 of46 GENERAL COMMITTEE — MAY 2, 2006 26.1 Council shall appoint all of the members to its Advisory Committees and such persons may consist of Members of Council and members of the public as Council determines may be of assistance to its Advisory Committees. 26.2 Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings, including any in -camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote. This privilege shall not be extended to Statutory Committees or Boards such as the Committee of Adjustment, or the Library Board. (4614-04.C) Section 27 - Chair 27.1 The Chair and Vice Chair shall be appointed from amongst members of the committee, and shall have such responsibilities and powers as are provided for the Chair in Part I of this By-law. (4614-04.C) 27.2 In the absence of the Chair, the Committee Members shall appoint one of their members as Acting Chair for the purposes of that meeting. 27.3 The Chair shall provide leadership and direction to the Committee and in consultation with staff 4eterr:P review the content of the Agenda including any attachments for each Committee meeting. (4614-04.C) 0 27.4 The Chair shall direct the affairs of the Committee in accordance with the provisions of this By-law and applicable policies and procedures of the Municipal Corporation and provincial legislation. Section 28 - Quorum 28.1 A quorum for Advisory Committees shall require the attendance a majority of the members who have. been appointed. (4396-02.C) Section 29 - Administrative Support 29.1 The duties of the Secretary to each Advisory Committee shall be carried out by staff as directed by the Clerk. (4614-04.C) 29.2 Where the staff person is unavailable, Committee members shall appoint a person as Secretary for the purposes of that meeting. 29.3 The Secretary shall prepare an Agenda and Attachments at the direction of the Chair and shall make such materials available as provided in this By-law to all Council Members, to the Committee's Members, to the C.A.O. and the Clerk and the Secretary shall provide Notice of the meeting to the public in accordance with the provisions of section 2 herein. 29.4 Where materials are provided for the Committee's consideration that were not previously circulated with the Agenda and Attachments, the Secretary shall 9 of 46 GENERAL COMMITTEE — MAY 2, 2006 make such materials available to all Council Members, the C.A.O. and the Clerk as soon as is practicable afterthe Committee meeting by placing a copy of such materials in the internal mail system of the Municipal Corporation. 29.5 The Secretary shall prepare an informal Report of all Committee meetings to form part of the files retained by the Municipal Corporation and may, at the direction of the Chair, prepare a formal Record of the Committee's meetings to be included as an attachment to a Report on a related issue from the Chair's Department to the appropriate Standing Committee. Section 30 - Open Meetings & Notice of Meetings 30.1 Meetings of Advisory Committees appointed by Council shall be held at the Aurora Town Hall or other disability accessible Town owned facility at a time and date established by the Committee at the beginning of the year/term, unless it is in the public interest to temporarily convene a meeting at another location within the Town of Aurora. (4303-01.C) 30.2 Any meeting of an Advisory Committee may be cancelled or scheduled subject to the approval of the majority of the committee, and proper notice of the change shall be circulated to the media and posted on the Town's Notice Board if possible. (4303-01.C) Moil 30.3 The Secretary shall give notice of all meetings by making available for pick-up a copy of the Agenda and Attachments to all Council Members, to the Committee's Members, to the C.A.O. and to the Clerk. 30.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the lobby of the Town Hall and shall make a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list. 30.5 Where a meeting is called upon less than twenty-four (24) hours advance notice, it shall be the responsibility of the Chair and the Secretary to make reasonable efforts to provide notice to those concerned. 30.6 All meetings of Advisory Committees shall be open to the public, except as provided for in section 2 herein, and Committee Members shall observe all provisions respecting 'closed session meetings in this By-law. Materials supplied form. earne;aclosed session consideration must previously have been circulated to all Members of Council, the C.A.O. and the Clerk, taking due care to ensure the confidentiality of such materials. Section 31- Procedures and Rules of Debate 31.1 It is intended that the conduct of all Advisory Committee Meetings (including the 40 of 46 GENERAL COMMITTEE — MAY 2, 2006 manner of attire) shall be informal. 31.2 The order of business shall include disclosures of interest and the Committee shall have authority to hear delegations and to consider reports and correspondence in addition to topics for general discussion within the Committee's Terms of Reference. 31.3 Debate on any matter shall proceed informally under the direction of the Chair, except that Committee Members may speak to any issue more than once provided all other Committee Members who wish to speak have had an opportunity to do so. 31.4 No vote taken at a Committee meeting shall be a recorded vote and any vote previously taken during that meeting may be reconsidered. 31.5 The Chair shall have authority to determine the conduct of members in accordance with Section 2 herein. Section 32 - Reporting 32.1 No discussion or recommendation of an Advisory Committee shall constitute an act of Council unless such recommendation is adopted by Council. (4384-02.C) PART V - LOCAL BOARDS Section 33 - Creation and Disposition 33.1 Council may from time to time by By-law establish such Local Boards as it deems appropriate to carry out those functions which Council may lawfully authorize such Local Boards to perform pursuant to the statute authorizing the creation of the Local Board. 33.2 Local Boards shall only be discontinued by Council By-law, provided such Local Boards are not mandated by provincial legislation. Section 34 - Terms of Reference 34.1 The operating Terms of Reference shall be provided in the Council By-law establishing the Local Board or subsequent amendments thereto within the jurisdiction of Council and in the provincial legislation authorizing creation of the Local Board. Section 35 - Membership 35.1 The members for each Local Board shall be appointed from time to time by By- law or resolution. 41 of 46 GENERAL COMMITTEE — MAY 2, 2006 35.2 Council Members who are not Local Board Members shall be entitled to attend all Local Board meetings and shall be entitled to speak at the invitation of the Chair, but shall not be entitled to vote. Section 36 Chair 36.1 The Chair of each Local Board and the term of the Chair shall be determined by Local Board Members except to the extent that Provincial legislation or a Council By-law relating specifically to that Local Board provides otherwise. 36.2 In the absence of the person appointed as Chair, the Local Board Members shall appoint one of their members as Chair, as well as a Vice Chair. (4396-02. C) 36.3 The Chair shall, in consultation with such staff support persons as may be assigned, provide leadership and direction to the Local Board and shall direct the Secretary to prepare an Agenda and shall determine the Attachments for each Local Board meeting. 36.4 The Chair shall direct the affairs of the Local Board in accordance with the provisions of this By-law, applicable policies and procedures of the Municipal Corporation and provincial legislation. Section 37 - Quorum 37.1 Except to the extent that Provincial legislation or a Council By-law relating specifically to that Local Board provides otherwise, a quorum for the Local Boards shall require the attendance of a majority of the Local Boards Members who may have been appointed. (31) Section 38 -Administrative Support 38.1 The duties of the Secretary to each Local Board shall be carried out by staff as appointed by the C.A.O. and each Secretary shall continue under the supervision of their respective Department Head. 38.2 Where the staff person appointed by the C.A.O. is unavailable, Local Board members shall appoint a person as Secretary for the purposes of that meeting. 38.3 The Secretary shall prepare an Agenda and Attachments at the direction of the Chair and shall make such materials available as provided in this By-law to all Council Members, to the Board's Members, to the C.A.O. and the Clerk and the Secretary shall provide Notice of the meeting to the public in accordance with the provisions of section 2 herein, subject to applicable provincial legislation. 38.4 Where materials are provided for the Board's consideration that were not previously circulated with the Agenda and Attachments, the Secretary shall make such materials available to all Council Members, the C.A.O. and the Clerk as soon as is practicable after the Local Board meeting by placing a copy of such materials in the internal mail system of the Municipal Corporation. 42 of 46 GENERAL COMMITTEE — MAY 2, 2006 38.5 The Secretary shall prepare a formal Record of the Local Boards meetings to be provided for the information of Council under the signature of the Chair, if so directed by the Chair of the Local Board, or shall prepare an informal Record of the Board's meetings to form part of the files retained by the Municipal Corporation, subject to applicable provincial legislation. 38.6 Where the Local Board's meetings generate recommendations to be considered by Council, the Secretary shall prepare a Local Board Report under the signature of the Chair to be placed on the Agenda for Council's consideration. Section 39 - Open Meetings & Notice of Meetings 39.1 Meetings of Local Boards appointed by Council shall be held at the Aurora Town Hall or other disability accessible Town owned facility at a time and date established by the Committee at the beginning of the year/term, unless it is in the public interest to temporarily convene a meeting at another location within the Town of Aurora. (4303-01.C) 39.2 Any meeting of a Local Board may be cancelled or scheduled subject to the approval of the majority of the committee, and proper notice of the change shall be circulated to the media and posted on the Town's Notice Board if possible. (4303-01.C) 39.3 The Secretary shall give notice of all meetings by making available for pick-up a copy of the Agenda and Attachments to all Council Members, to the Local Board's Members, to the C.A.O. and to the Clerk. (32) 39.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the lobby of the Town Hall and shall make a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list. 39.5 Where a meeting is called upon less than twenty-four (24) hours advance notice, it shall be the responsibility of the Chair and the Secretary to make reasonable efforts to provide notice to those concerned. 39.6 All meetings of Local Boards shall be open to the public, except as provided for in section 2 herein, and Board Members shall observe all provisions respecting in--an^,eraclosed session meetings in this By-law. Materials supplied for in earner-aclosed session consideration must previously have been circulated to all Members of Council, the C,A.O. and the Clerk, taking due care to ensure the confidentiality of such materials. Section 40 - Procedures and Rules of Debate 40.1 It is intended that the conduct of all Local Board Meetings (including the manner 43 of 46 GENERAL COMMITTEE — MAY 2, 2006 of attire) shall be informal, but that the meeting shall incorporate all statutory requirements in relation to that Local Board. 40.2 The order of business shall include disclosures of interest. 40.3 Debate on any matter may proceed informally under the direction of the Chair, except that Local Board Members may speak to any issue more than once provided all other Local Board Members who wish to speak have had an opportunity to do so. 40.4 The Chair shall have authority to determine the conduct of members in accordance with Section 2 herein. Section 44 - Reporting 41.1 Each Local Board shall report to the entity set forth in its enabling provincial legislation or the Council By-law enacted in relation to that Board. 41.2 No discussion or recommendation of a Local Board shall constitute an act of Council unless such recommendation is adopted by Council. PART VI — FINANCIAL Section 42 — Financial Budget Allocations 42.1 Any budget allocations for Ad Hoc Committees, Advisory Committees, and Local Boards shall be used solely for the purpose of the mandate established in the Terms of Reference or as approved by Council. (4303-01.C) PART VII — AUDIO RECORDINGS Section 43 — Audio-EDlectronic Recordings 44 of 46 GENERAL COMMITTEE — MAY 2, 2006 43.1 Audio -Electronic recordings of proceedings shall occur at all public meetings of Council, General Committee, Public Planning and any other Committees deemed by Council resolution. (4384-02.C) PART VIII -ASSEMBLY Section 44 - Assembly 44.1 In this By-law, "Assembly" means an informal gathering of Members of Councilor of a Committee, held in accordance with this section. 44.2 An Assembly shall not be deemed to be a meeting of the Council or Committee and shall not be subject to the rules and regulations applicable to meetings, contained in this By-law. 44.3 The Council may decide, at a meeting open to the public, to convene an informal gathering of its Members, or of the Members of a. Committee, to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council or Committee. 44.4 The Council, in deciding to convene an Assembly, shall designate the general purpose or purposes for which the Assembly is to be held, and no other matters may be considered by the Assembly. 44.5 An Assembly maybe held at anyplace designated by the Council at the time at which it makes its decision to convene the Assembly, whether or not within the boundaries of the Town or of any adjacent municipality. 0 44.6 All Members of the Councilor Committee respectively are entitled to attend at the Assembly, together with designated staff or consultants retained by the Town; by the Co n^''. In deciding to convene the Assembly, Council or Committee may decide to exclude the public therefrom. 44.7 No motion, resolution, by-law, debate, agreement in principle, consensus, straw vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Assembly that would, further the business of the Corporation. 44.8 The Council or Committee shall, at the commencement of an Assembly, designate a person to make notes describing in general terms each subject matter dealt with at the Assembly. 45 of 46 GENERAL COMMITTEE — MAY 2, 2006 44.9 The notes taken pursuant to 44.8 shall, after the conclusion of the Assembly, be maintained as a public record under the control of the Clerk. Section 45 - SEVERABILITY Each and every one of the provisions of this By-law is severable and if any provisions of this By-law should for any reason be declared invalid by any court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. Section 46 — Conflict If there is any conflict between this By-law and any statute the provisions of the statute prevail. Repeal By-laws 3737-96.C, 3769-96.C, 3833-97.C, 3892-97.C, 3906-98.C, 3925-98.C, 3972- 98.C, and 4136-99.0 are hereby repealed. READ A FIRST, SECOND AND THIRD TIME THIS 8' DAY OF MAY, 2001. "Tim Jones" T. JONES, MAYOR =i "Bob Panizza" B. PANIZZA, TOWN CLERK 1 _ 9a _ Page 46 of 46 GENERAL COMMITTEE — MAY 2, 2006 Terms of Reference Town of Aurora Audit Committee SCHEDULE "A" Purpose: -To provide oversight responsibilities for the Town of Aurora's: * financial reporting processes; * overall guidance and direction to the CAO and Management related to the Town's system(s) of internal control; * internal and external audit processes; and, * processes for monitoring compliance with laws and regulations (applicable law), the Code of Conduct and the Conflict of Interest Policy Statement; Authority: - The Audit Committee is empowered to: * recommend the appointment, dismissal and compensation of the Town's external auditors; * oversee the work of the internal and external auditors of the Town; * resolve any disagreements between management and the auditor(s) regarding financial reporting; * retain independent counsel, accountants or others to advise the Committee or assist in the conduct of an investigation; * seek any information the Committee requires from Management, employees and/or agents of the Municipality; * meet with the Town's management team, external auditors, or outside legal counsel, as required, independently or together; * review and recommend for approval audit fee billings in excess of the approved budget for the completed audit of the period year; and * review the audit plan and audit fee schedule for the ensuing year end. com GENERAL COMMITTEE — MAY 2, 2006 Composition: * The Audit Committee is comprised of all Members of Council ( General Committee ) and reports directly to the Council of the Town of Aurora. Meetings: * the Audit Committee will shall meet at minimum two times per year with authority to convene additional meetings, as circumstances require; * meetings of the Audit Committee will be open to the public subject to exceptions pursuant to Sec.239 (2) of the Municipal Act,2001; * the Committee will invite members of management, auditors and/or others to attend meetings and provide pertinent information, as necessary; * meeting agendas will be prepared and provided in advance to members, along with appropriate briefing materials; and * minutes will be prepared. Financial Statements * review significant accounting and reporting issues, including complex or unusual transactions and highly judgemental areas, recent professional and regulatory pronouncements, and understand their impact on financial statements; * review with management and the external auditors the results of the audit, including any difficulties encountered; * review and receive the annual financial statements with management, and consider whether they are complete, consistent with information known to Committee members, and reflect appropriate accounting principles; * recommend to Town Council the approval of the annual financial statements; and * review with management and external auditors all matters required to be communicated to the Committee under Generally Accepted Auditing Standards. GENERAL COMMITTEE — MAY 2, 2006 Internal Control * consider the effectiveness of the Town's internal control system(s), including information technology security and control; * understand the scope of internal and external auditor's review of internal control and obtain reports on significant findings and recommendations, together with Management's responses and the timing of the disposition of significant findings; and * review the external auditor's Management Letter (if any) together with Management's responses. External Audit * review the external auditor's proposed audit scope and approach; * subject to Sec,296 of the Municipal Act,2001 to review the performance of the extemal auditors, and recommend to Town Council the appointment or discharge of the auditors; * review and confirm the independence of the external auditors by obtaining statements from the auditors on relationships between the auditors and the Town of Aurora, including non -audit services, and discussing the relationship with the auditors; and * review the audit plan and audit fees for the ensuing year end Internal Audit * review the Town's control processes and systems to ensure compliance with Town's policies, laws and regulations which impact operations and reports; * 5review policies used to safeguard corporate assets and verify the existence of these assets; and * review the efficiency and effectiveness of the utilization of the Town's resources on programs and projects. —100— GENERAL COMMITTEE — MAY 2, 2006 Compliance * review the effectiveness of the system(s) for monitoring compliance with laws and regulations and the results of Management's investigation and follow-up ( including disciplinary action) of any instances of non-compliance; * review the findings of any examinations by regulatory agencies, and any auditor observations; *review the process for the communication of the Code of Conduct and Conflict of Interest Policy Statement to Town personnel, and for monitoring compliance therewith; and *obtain regular updates from Management and the municipality's legal counsel regarding compliance matters. Reporting Responsibilities * report to the Town Council about Audit Committee activities, issues and related recommendations; *provide an open avenue of communication between the external auditors and Town Council; and * review any other reports the Municipality issues that relate to Audit Committee responsibilities. Other Responsibilities * perform other activities related to these Terms of Reference as requested by Town Council; * institute and oversee special investigations as required; and * review and asses the adequacy of the Audit Committee Terms of Reference annually, requesting Council approval for proposed changes and ensure appropriate disclosure as may be required by law or regulation, —101— GENERAL COMMITTEE - MAY 2, 2006 Town of Aurora CODE OF ETHICS for MEMBERS OF COUNCIL ,e\Own of"10 o„ A Place We re Proud To Call Hone. May 1997 ntlr_c GENERAL COMMITTEE — MAY 2, 200&wnofAurora CODE OF ETHICS for Members of Council PREAMBLE Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. The key stakeholders, although obvious at first, represent a broad base of interests and concerns which require fair and open attention, adjudication and disposition. These key stakeholders include but are not limited to; ° Residents 'Province of Ontario (G.T.S.B., G.T.A.) ° Taxpayers ° Region of York • Staff School Boards and Other Public Agencies • Development Industry ° Suppliers ° Ratepayers Associations ° Other Members of Council ° Chambers of Commerce To assist Town of Aurora Members of Council in interacting effectively with all stakeholders, the following obligations -are expected of each of them; a) That they solemnly promise, declare and carry out their responsibilities as prescribed in the oath of office b) That they subscribe to the principles within the Town of Aurora Corporate Values Document c) That they learn and follow the Procedural By-law for Council and its Committees d) That they read, understand and follow the provisions of the Municipal Act and Municipal Conflict of Interest Act which apply directly and indirectly to the role of Member of Council e) That they read, understand and strive to further the objectives articulated in the Town's Strategic Plan A "Code of Ethics" for Members of Council has been prepared for their personal review and reference so as to; i) augment communication to the public in the role and integrity of municipal politicians in the Town of Aurora, ii) to provide present and future Councils with additional assistance and guidelines as they perform their elected duties and responsibilities, and iii) to assist Members of Council in providing leadership by example to staff. It is hoped that this will be viewed by each Member of Council as a valuable added resource and guideline to assist them in fulfilling their mandate in an effective, open and efficient manner. —103— GENERAL COMMITTEE — MAY 2, 2006 Town of Aurora CODE OF ETHICS for Members of Council The Town of Aurora's Members of Council fundamentally understand that; a) the proper operation of democratic and representative municipal government requires that they be independent, impartial and responsible to the people, b) there are open and proper channels for decision making and approval of policy, c) conflicts between private interests and public responsibilities are unacceptable and must be avoided, and d) as leaders of the community, they are held to a higher standard of behaviour and conduct. Although areas of ethical exposure are generally consistent and understood in municipal governance, the following areas and guidelines have been specifically identified in our community, as being paramount to the muiricipal political process; 1. Roles and Obligations 2. Use of Information 3. 'Communications and Media Relations 4. Relationships with Staff 5. Gifts and Benefits 6. Conflicts of Interest 7. Use of Property 8. Transparency 9. Public Input 10. Professional Development Accordingly this document will provide a guideline for elected officials in exercising their policy making role having regard to the statements and ideals as enunciated hereunder. Roles and Obli ap tions Council Members recognize their mandate incorporates tasks to include; Fairly representing the diversity of community views in developing an overall strategy for the future of our Town Setting objectives and determining strategies to achieve Council's Corporate objectives in the Strategic Plan —104— GENERAL COMMITTEE — MAY 2, 2006 Town of Aurora CODE OF ETHICS for Members of Council Page 3 Achieving sound financial management, planning and accountability Being aware of and conversant with the statutory obligations imposed on Council as a whole, as well as each individual Member of Council 2. Use of Information In their decision making process, Members of Council are sometimes privy to information which may be confidential or controversial such as, but not limited to "In Camera" meetings. It is expected that they will; • Use "insider" information appropriately, so as not to be used to their personal advantage • Use confidential information appropriately so as not to cause detriment or benefit to others • Respect the status of confidential (personnel, legal, property acquisition) information until the matter ceases to be confidential as determined by Council • Understand that they enjoy the same access rights to municipal information as any other member of the community, unless it is specifically relevant to a matter before the Council Only release information according to the provisions of the Municipal Freedom of Information and Protection of Individual Privacy Act. Communications and Media Relations Members of Council will accurately and adequately communicate the attitudes and decisions of Aurora's Council, even if they disagree with a majority decision of Council so that; • There is respect for the decision making processes of Council • Official information related to decisions and resolutions made by Council will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor or designate. • Information concerning adopted policies, procedures and decisions of the Council is conveyed openly and accurately. • Confidential information will be communicated only when and after determined by Council. —105— GENERAL COMMITTEE — MAY 2, 2006 Town of Aurora CODE OF ETHICS for Members of Council Page 4 Relationships with Staff and Other Members of Council Members of Council will; • Read and respect the guidelines contained in the "Complimentary Roles and Responsibilities of Council and the Administration" document. • Acknowledge that only Council as a whole has the capacity to, direct staff members to carry out specific tasks or functions. • Refrain from using their position to improperly influence members of staff in their duties or functions or to gain an advantage for themselves or others. • Refrain from publicly criticizing individual members of staff in a way that casts aspersions on their professional competence and credibility. Gifts and Benefits Members of Council will only; Accept gifts, hospitality or entertainment of a nominal value that could not be reasonably construed as being given in anticipation or recognition of special consideration by the Corporation. Accept hospitality or entertainment if the offer is infrequent (less than 2 or 3 times a year) and appropriate to the occasion. In these circumstances it is assumed that the nature of the business discussed is important enough to the Town that reciprocal arrangements should openly be made and charged to the Town. Members of Council will; Acknowledge that the Mayor will in his/her role, periodically receive and distribute ceremonial or other similar items 6. Conflicts of Interest Members of Council will recognize their obligations to; Follow and respect both the letter and spirit of the provisions of the Municipal Act and the Municipal Conflict of Interest Act, 1994, as amended from time to time. —106— GENERAL COMMITTEE — MAY 2, 2006 Town of Aurora CODE OF ETHICS jor Members of Council Page S 7. Use of Property Members of Council will; only use Town property, equipment, supplies or services of consequence, for activities connected with the discharge of official duties or associated community activities having the sanction of Council or its Committees. H. Transparency & Openness in Decision Makine Members of Council will endeavour to; conduct and convey Council business in an open and public manner (other than for those decisions of a personnel, legal or property acquisition matter) so that stakeholders can obtain the process, logic and rationale which was used to reach conclusions or decisions. 9. Public Input Council will periodically use formal and informal opportunities to seek public input as a component of the decision making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 10. Professional Development Members of Council have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to; • AMO Conference • Ministry of Municipal Affairs and Housing seminars • Provincial Professional Association Training Institutes (OGRA, AMCTO, PRO, etc.) • Provincial Municipal Council orientation sessions Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. —107— GENERAL COMMITTEE — MAY 2, 2006 Town of Aurora CODE OF ETHICS for Members of Council Page 6 IMPLEMENTATION At the beginning of each tern, Members of Council will be expected to sign two copies of the Code of Ethics Document (one for themselves and one for the Clerk's Office) to convey to each other and all stakeholders that they have read, understand and accept it. A Code of Ethics component will be included as part of the orientation workshop for each new Council. Council Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council. 1: GENERAL COMMITTEE - MAY 2, 2006 TOWN OF AURORA ADMINISTRATION PROCEDURE NO.23 No.23 Page 1 of 2 Subject: Conflict of Interest Authority: Effective: V�kllx't' �'I ftn Revised: CONFLICT OF INTEREST POLICY STATEMENT It is understood that this Policy is to be read with changes of gender or number as required by context. 1. APPLICATION These rules of conduct shall apply to all employees of the Corporation of the Town of Aurora. 2. PRINCIPLES OF CONDUCT Employees shall not, without approval: (a) engage in any business or transaction or have a financial or other personal interest which is incompatible with the discharge of their official duties. (b) place themselves in a position where they are under obligation to any person who might benefit from special consideration or favour on their part or who might seek in any way preferential treatment. (c) accord, in the performance of their official duties, preferential treatment to relatives or friends or to organizations in which they or their relatives or friends have an interest, financial or otherwise (d) deal with an application to the Town Corporation for a loan, grant, award or other benefit involving their immediate relatives. (e) place themselves in a position where they could derive any direct or indirect benefit or interest from any contracts about which they can influence decisions. (f) benefit from the use of information acquired during the course of their official duties which is not generally available to the public. (g) engage in any outside work or activity or business undertaking: (i) that interferes or appears to interfere with their duties as a Town employee; -109- GENERAL COMMITTEE — MAY 2, 2006 No. 23 Page 2 of 2 2. PRINCIPLES OF CONDUCT (continued) (ii) in which they have an advantage or appear to have an advantage derived from their employment in the Town Corporation; and (iii) in a professional capacity that will or might appear to influence or affect the carrying out of their duties as a Town employee. (h) use Town property, equipment, supplies or services of consequence for activities not associated with the discharge of official duties. 31 HOSPITALITY Employees shall not accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration by the Town Corporation. 4. DISCLOSURE Whenever an employee considers that they could be involved in a conflict of interest as prohibited by this Policy, they shall disclose the situation to their Department Head and C.A.O. or the person designated thereby, as the case may be, and shall abide by the advice given. Documentation relating to conflict of interest situations on behalf of Town employees will be retained on file with the Director of Personnel. 5. CONTRAVENTION Contravention of any of the provisions of these principles of conduct and these rules for disclosure may be considered as cause for reprimand, suspension or dismissal. —110— a ADDITIONAL ITEMS TABLED FOR GENERAL COMMITTEE MEETING Tuesday, May 2, 2006 New Delegation (B) - Mr. Bob McRoberts Re: Item 5 - Memo from Councillor West regarding Town Notice Board Newspaper ads Page 1 of 1 Panizza, Bob From: Bob McRoberts [bmcroberts@sympatico.ca] Sent: Saturday, April 29, 2006 11:34 AM To: Panizza, Bob Subject: GC Mtg - Item #5 Bob P. Hil I would like to ask for delegation status to briefly address agenda item #5, Notice Board Tendering, at the General Committee Meeting of May 2, 2006. Thank you. Bob McR. 5/1/2006