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AGENDA - Council - 20220222Town of Aurora Council Meeting Revised Agenda Date:February 22, 2022 Time:7 p.m. Location:Council Chambers, Aurora Town Hall Due to the COVID-19 pandemic, meetings will be available to the public via live stream only on the Town’s YouTube Channel. To participate electronically, please visit aurora.ca/participation. Pages 1.Call to Order Additional items are marked with an asterisk (*). 2.Land Acknowledgement 3.Approval of the Agenda 4.Declarations of Pecuniary Interest and General Nature Thereof 5.Community Presentations 6.Delegations 6.1.Mark Winfield, Professor, Faculty of Environmental and Urban Change, York University; Re: Motion 10.1 - Mayor Mrakas; Re: Request to Dissolve Ontario Land Tribunal (OLT) 1 *6.2.Janet Matthews, Resident; Re: Motion 10.1 - Mayor Mrakas; Re: Request to Dissolve Ontario Land Tribunal (OLT) 2 7.Consent Agenda 7.1.Council Meeting Minutes of January 25, 2022 3 That the Council meeting minutes of January 25, 2022, be adopted as circulated. 1. 7.2.Council Closed Session Minutes of January 25, 2022 (confidential attachment) That the Council Closed Session minutes of January 25, 2022, be adopted as circulated. 1. 7.3.Council Closed Session Public Meeting Minutes of January 25, 2022 13 That the Council Closed Session Public meeting minutes of January 25, 2022, be adopted as circulated. 1. 7.4.Council Public Planning Meeting Minutes of January 18, 2022 16 That the Council Public Planning meeting minutes of January 18, 2022, be adopted as circulated. 1. 8.Standing Committee Reports 8.1.General Committee Report of February 1, 2022 21 That the General Committee meeting report of February 1, 2022, be received and the recommendations carried by the Committee approved. 1. 8.1.1.Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 17, 2021 Memo  That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 17, 2021, be received for information. 1. 8.1.2.Heritage Advisory Committee Meeting Minutes of January 12, 2022 Minutes That the Heritage Advisory Committee meeting minutes of January 12, 2022, be received for information. 1. 8.1.3.Finance Advisory Committee Meeting Minutes of January 18, 2022 Minutes That the Finance Advisory Committee Meeting Minutes of January 18, 2022, be received for information. 1. 8.1.4.Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of January 19, 2022 Minutes That the Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of January 19, 2022, be received for information. 1. 8.1.5.CMS22-006 - SARC Gymnasium Addition – Project Update Report That Report No. CMS22-006 be received; and1. That staff be directed to proceed with Option 1, a single gymnasium, multipurpose space and renovated customer service and administration space; and 2. That staff report back to Council with a final design and updated cost estimate prior to tender issuance. 3. 8.1.6.PDS22-005 - Application for Site Plan Approval, TFP Aurora Developments Limited, 20 and 25 Mavrinac Boulevard, Blocks 1, 2 and 6, Plan 65M-3852, File Number: SP-2021-08, Related File Numbers: OPA-2017-01, ZBA-2017-03 & SUB-2017-02 Report  Figures 1-9 That Report No. PDS22-005 be received; and1. That Site Plan Application File SP-2021-08 to permit the development of 211 units (210 townhouse units and 1 single detached unit) on two proposed common element condominiums be approved, in principle, subject to the following conditions: 2. That all outstanding comments and requirements from Town and external agencies be addressed to the satisfaction of the Director of Planning and Development Services, prior to execution of a Site Plan agreement; and i. That the Owners enter into a Site Plan Agreement with the Town to address requirements of the Town and external agencies, including but not limited to, the provision for payment by the Owner of all applicable fees, securities, and any other financial obligations; and ii. That approval of future Draft Plan of Condominium Application(s) required to implement Site Plan Application File SP-2021-08 be delegated to the Director of Planning and Development Services. 3. 8.1.7.CMS22-005 - Disc Golf Course Update Report  Attachment 1 That Report No. CMS22-005 be received; and1. That Highland Gate be removed as a potential location to build a disc golf course; and 2. That the evaluation and review to build a disc golf course be referred to the Parks and Recreation Master Plan review process. 3. 8.1.8.CS22-002 - Updates to the Use of Corporate Resources for Election Campaign Purposes Policy Report  Attachment 1 That Report No. CS22-002 be received; and1. That the policy be amended to disallow the rental of Town facilities for election campaign purposes; and 2. That the policy be amended to allow candidates to use meeting videos on the Town's YouTube Channel in their campaign material; and 3. That the amendments to the Use of Corporate Resources for Election Campaign Purposes Policy be approved. 4. 8.1.9.FIN22-003 - Property Tax and Water Bill Payment Options Report That Report No. FIN22-003 be received; and1. That Council endorse the elimination of cash transactions at Town Hall for property tax and water bill payments. 2. 8.1.10.New Business Motion No. 1 That the comments from Delegation 6.1, by Michael White, regarding the responsibility of maintenance of the catch basin, drainage swale, and retaining wall between Underhill Cres and Rachewood Crt, be referred to staff to report back to Council. 1. 8.1.11.General Committee Closed Session Minutes of February 1, 2022 (confidential attachment) That the General Committee Closed Session minutes of February 1, 2022, be received for information. 1. 8.1.12.Personal matters about an identifiable individual, including municipal or local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re: Verbal Update from the CAO That the verbal update from the CAO be received for information. 1. 8.2.General Committee Report of February 15, 2022 31 That the General Committee meeting report of February 15, 2022, be received and the recommendations carried by the Committee approved. 1. 8.2.1.PDS22-002 and PDS22-026 - Additional Info and Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way Part Lot 81, Concession 1, Part 4 on Plan 65R-13645, File Numbers: ZBA-2019-01 and SP-2020-05 PDS22-002: Report  Figures 1-10  Appendices A-B  Appendix C PDS22-026: Report  Appendix A  Appendix B That Report Nos. PDS22-002 and PDS22-026 be received for information. 1. 8.2.2.PDS22-032 - Zoning By-law Amendment, Shining Hill Collections Inc., 306 St. Johns Sideroad West, File Number: ZBA-2021-02 Report  Figure 1  Figure 2  Figure 3  Figure 4  Figure 5  Appendices A-B That Report No. PDS22-032 be received; and1. That the Zoning By-law Amendment Application File: ZBA 2021-02 (Shining Hill Collections Inc.) be approved to rezone a portion of the subject lands from “Oak Ridges Moraine Rural (RU-ORM)” to “Institutional Exception Zone” [I (XX)]; and 2. That the Zoning By-law Amendment be brought forward3. to a future Council meeting for enactment. 8.2.3.CMS22-008 - Pet Cemetery – Project Update and Fencing Options Report  Attachment That Report No. CMS22-008 be received; and1. That staff be directed to pursue historic recognition options for the Pet Cemetery site; and 2. That staff be directed to include a new capital project in the 2023 budget for Council’s consideration for the construction of permanent fencing around the Pet Cemetery lands. 3. 8.2.4.CS22-007 -Town of Aurora Multi-Year Accessibility Plan 2022 – 2026 Report  Attachment 1  Attachment 2 That Report No. CS22-007 be received; and1. That Council endorse the new Town of Aurora Multi- Year Accessibility Plan 2022 – 2026. 2. 8.2.5.York Regional Council Highlights of January 27, 2022 Regional Report That the York Regional Council Highlights of January 27, 2022, be received for information. 1. 8.2.6.New Business Motion No. 1 That the comments from Delegation 6.1, by George Popalis, regarding municipal tree removal request, be referred to staff to report back to Council. 1. 9.Consideration of Items Requiring Discussion (Regular Agenda) 10.Motions 10.1.Mayor Mrakas; Re: Request to Dissolve Ontario Land Tribunal (OLT)41 11.New Business 12.By-laws 12.1.By-law Number XXXX-22 - Being a By-law to declare as surplus and sell municipal lands (Barrie Rail Corridor properties). 43 (Closed Session Report No. PDS21-165, Nov 30, 2021) 12.2.By-law Number XXXX-22 - Being a By-law to enact a new Procurement By-law for the Town of Aurora. 45 (General Committee Report No. FIN22-001, Jan 11, 2022) 12.3.By-law Number XXXX-22 - Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 306 St. Johns Sideroad West (File No. ZBA-2021-02). 78 (General Committee Report No. PDS22-032, Feb 15, 2022) 13.Closed Session There are no Closed Session items for this meeting. 14.Confirming By-law 14.1.By-law No. XXXX-22 Being a by-law to confirm actions by Council resulting from a Council meeting on February 22, 2022 82 15.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Delegation Request This request and any written submissions or background information for consideration by either Council or Committees of Council is being submitted to Legislative Services. Council or Committee * Council Council or Committee Meeting Date *  2022-2-22 Subject * Motion to dissolve OLT Full Name of Spokesperson and Name of Group or Person(s) being Represented (if applicable) * Mark Winfield, Professor, Faculty of Environmental and Urban Change, York University (as an individual) Brief Summary of Issue or Purpose of Delegation * Purpose of delegation is to speak to the proposed resolution regarding the dissolution of the OLT, in the context of wider issues in the province's current approach to land-use planning matters, including the recent report of the housing task force. Have you been in contact with a Town staff or Council member regarding your matter of interest? * Yes No Full name of the Town staff or Council member with whom you spoke Mayor Tom Mrakas Date you spoke with Town staff or a Council member 2022-2-16   Page 1 of 82 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Delegation Request This request and any written submissions or background information for consideration by either Council or Committees of Council is being submitted to Legislative Services. Council or Committee * Council Council or Committee Meeting Date *  2022-2-22 Subject * Mayor's motion to dissolve the OLT Full Name of Spokesperson and Name of Group or Person(s) being Represented (if applicable) * Janet Matthews, Resident Brief Summary of Issue or Purpose of Delegation * delegate to support the Mayor's motion to dissolve the OLT from a resident's perspective Have you been in contact with a Town staff or Council member regarding your matter of interest? * Yes No Full name of the Town staff or Council member with whom you spoke Mayor Tom Mrakas Date you spoke with Town staff or a Council member 2022-2-16   Page 2 of 82 1 Town of Aurora Council Meeting Minutes Date: Time: Location: Tuesday, January 25, 2022 7 p.m. Video Conference Council Members: Mayor Tom Mrakas (Chair) Councillor Wendy Gaertner Councillor John Gallo Councillor Rachel Gilliland Councillor Sandra Humfryes Councillor Harold Kim Councillor Michael Thompson Other Attendees: Doug Nadorozny, Chief Administrative Officer Allan Downey, Director of Operations Robin McDougall, Director of Community Services Techa van Leeuwen, Director of Corporate Services Rachel Wainwright-van Kessel, Director of Finance Lisa Hausz, Acting Director of Planning and Development Services Carley Smith, Manager, Corporate Communications Brashanthe Manoharan, Planner/Heritage Planning Patricia De Sario, Town Solicitor Michael de Rond, Town Clerk Linda Bottos, Council/Committee Coordinator _____________________________________________________________________ 1. Call to Order The Mayor called the meeting to order at 7 p.m. 2. Land Acknowledgement Mayor Mrakas acknowledged that the meeting took place on the traditional territory of the Wendat, the Haudenosaunee, and the Anishinaabe peoples whose Page 3 of 82 2 presence here continues to this day. He further noted that Aurora is part of the treaty lands of the Mississaugas of the Credit and the Williams Treaties First Nations and thanked them for sharing the land. 3. Approval of the Agenda Moved by Councillor Humfryes Seconded by Councillor Gilliland That the revised agenda as circulated by Legislative Services, including the addition of section 11, Public Service Announcements, be approved. Yeas (5): Mayor Mrakas, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, and Councillor Thompson Absent (2): Councillor Gaertner, and Councillor Kim Carried (5 to 0) 4. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 5. Community Presentations None. 6. Delegations 6.1 Steve Armes, Resident; Re: Item 9.1 - PDS22-017 - Heritage Permit Application, Faraji, 74 Centre Street, Plan 107, Pt Lot 13, RS65R1671, Parts 1 and 2, File Number: HPA-2020-04 Steve Armes expressed concerns regarding the proposed construction of a two-storey triplex dwelling at 74 Centre Street stating that issues still need to be addressed including traffic, building size, verandah depth, side- entry single-car garage, drainage, and an issue pertaining to the land survey of the property. Moved by Councillor Humfryes Seconded by Councillor Gilliland That the comments of the delegation be received and referred to item 9.1. Page 4 of 82 3 Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 6.2 David Eqbal, Architect, and Hassan Faraji, Owner; Re: Item 9.1 - PDS22-017 - Heritage Permit Application, Faraji, 74 Centre Street, Plan 107, Pt Lot 13, RS65R1671, Parts 1 and 2, File Number: HPA-2020-04 David Eqbal provided an overview of the further revised proposal for the construction of a two-storey triplex dwelling at 74 Centre Street noting they have addressed the concerns regarding building size, layout and design, parking, and tree preservation. Hassan Faraji was also present. Moved by Councillor Kim Seconded by Councillor Humfryes That the comments of the delegation be received and referred to item 9.1. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 7. Consent Agenda Moved by Councillor Humfryes Seconded by Councillor Kim That the Consent Agenda items, 7.1 to 7.4 inclusive, be approved. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 7.1 Council Meeting Minutes of December 14, 2021 1. That the Council meeting minutes of December 14, 2021, be adopted as circulated. Carried 7.2 Council Closed Session Minutes of December 14, 2021 (confidential attachment) Page 5 of 82 4 1. That the Council Closed Session minutes of December 14, 2021, be adopted as circulated. Carried 7.3 Council Closed Session Public Meeting Minutes of December 14, 2021 1. That the Council Closed Session Public meeting minutes of December 14, 2021, be adopted as circulated. Carried 7.4 Council Public Planning Meeting Minutes of December 7, 2021 1. That the Council Public Planning meeting minutes of December 7, 2021, be adopted as circulated. Carried 8. Standing Committee Reports 8.1 General Committee Meeting Report of January 11, 2022 Moved by Councillor Thompson Seconded by Councillor Gilliland 1. That the General Committee meeting report of January 11, 2022, be received and the recommendations carried by the Committee approved, with the exception of sub-item 8.1.7, which was discussed and voted on separately as recorded below. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 8.1.1 FIN21-048 - Annual Cancellation, Reduction or Refund of Property Taxes under Sections 357 and 358 of the Municipal Act Report 1. That Report No. FIN21-048 be received for information. Carried 8.1.2 PDS21-025 - Delegated Agreements Report Report Page 6 of 82 5 1. That Report No. PDS21-025 be received for information. Carried 8.1.3 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of November 26, 2021 Memorandum 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of November 26, 2021, be received for information. Carried 8.1.4 Environmental Advisory Committee Meeting Minutes of November 24, 2021 Minutes 1. That the Environmental Advisory Committee meeting minutes of November 24, 2021, be received for information. Carried 8.1.5 Finance Advisory Committee Meeting Minutes of December 7, 2021 Minutes 1. That the Finance Advisory Committee meeting minutes of December 7, 2021, be received for information. Carried 8.1.6 Accessibility Advisory Committee Meeting Minutes of December 8, 2021 Minutes 1. That the Accessibility Advisory Committee meeting minutes of December 8, 2021, be received for information. Carried 8.1.7 FIN22-001 - Procurement Modernization Proposed New Policy Report Attachment 1 Attachment 2 Attachment 3 Page 7 of 82 6 Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. FIN22-001 be received; and 2. That the Procurement Policy in Attachment 1 be approved; and 3. That the approval of Non-Standard Procurements between $100,000 and $250,000 be delegated to the Procurement Governance Committee; and 4. That staff be directed to develop a new Procurement By-law based on this policy to be enacted at a future Council meeting. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 8.1.8 PDS22-001 - Town of Aurora Official Plan Review, Policy Directions Report and Aurora Promenade Discussion Paper Report Attachment 1 Attachment 2 Presentation 1. That Report No. PDS22-001 be received; and 2. That the Policy Directions Report and Aurora Promenade/MTSA Discussion Papers be formally released for public review and comment; and 3. That staff report back to a future General Committee meeting to present the results of public consultation and a Draft Official Plan Amendment. Carried 8.1.9 CMS22-002 - Sport Plan Progress Report No. 3 Report Presentation 1. That Report No. CMS22-002 be received for information. Carried 8.1.10 PDS22-002 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way Page 8 of 82 7 Part Lot 81, Concession 1, Part 4 on Plan 65R-13645, File Numbers: ZBA-2019-01 and SP-2020-02 Report Figures 1-10 Appendices A-B Appendix C 1. That Report No. PDS22-002 be deferred to the General Committee meeting of February 15, 2022. Carried 8.1.11 OPS22-001 - Lymantria Dispar Dispar (LDD) Control Options Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 1. That Report No. OPS22-001 be received; and 2. That Aurora’s Lymantria Dispar Dispar (LDD) Strategy for 2022, including activities undertaken as part of the 2021 LDD Strategy and, in addition, an increased communication campaign, expanded burlap kit program, and active removal of egg masses from impacted street trees utilizing staff resources, be approved. Carried 8.1.12 York Regional Council Highlights of December 16, 2021 Regional Report 1. That the York Regional Council Highlights of December 16, 2021, be received for information. Carried 9. Consideration of Items Requiring Discussion (Regular Agenda) Council consented to consider item 9.1 prior to consideration of section 8, Standing Committee Reports, sub-item 8.1.7. 9.1 PDS22-017 - Heritage Permit Application, Faraji, 74 Centre Street, Plan 107, Pt Lot 13, RS65R1671, Parts 1 and 2, File Number: HPA-2020-04 Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. PDS22-017 be received; and Page 9 of 82 8 2. That Heritage Permit Application HPA-2020-04 be approved to permit the construction of a two-storey triplex dwelling at 74 Centre Street. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 10. Motions 10.1 Councillor Gaertner; Re: Policy to Notify Local Area Residents Moved by Councillor Gaertner Seconded by Councillor Thompson Whereas resident dissatisfaction has been expressed on lack of communication in some circumstances; and Whereas this has engendered frustration, sometimes anger, at not being informed; and Whereas the Town has a responsibility to ensure residents receive information on construction, Planning, and Committee of Adjustment matters that may affect them; 1. Now Therefore Be It Hereby Resolved That staff report back to Council on our current process and ensure that it includes the following: a) How area residents will be notified of road reconstruction projects, including when they are delayed; b) A process for notifying residents when a Committee of Adjustment appeal is received in their neighbourhood; and c) Notification to area residents when developers request changes to already approved site plans. Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson Carried (7 to 0) 11. Public Service Announcements Councillor Gallo acknowledged that January 27, 2022, is International Holocaust Remembrance Day and commemorates the date on which the Auschwitz camp was liberated in 1945. Page 10 of 82 9 Councillor Gallo acknowledged that January 29, 2022, is the fifth anniversary of the Quebec City Mosque shooting and the inaugural National Day of Remembrance of the Quebec City Mosque Attack and Action Against Islamophobia. Councillor Gaertner shared family history in relation to the Holocaust and noted that antisemitic hate crime remains the number one hate crime in York Region and Toronto. Councillor Kim extended a reminder that February 2022 is Black History Month and an opportunity for everyone to recognize the contributions of Black Canadians in shaping Canada. Councillor Gilliland acknowledged the Mayor's proclamation of January 27, 2022, as International Holocaust Remembrance Day in the Town of Aurora and noted that the Town facilities’ flags would be lowered to half-mast. Councillor Gilliland noted there are many events scheduled in Town to celebrate Black History Month during February 2022. Mayor Mrakas noted his attendance and the meaningful discussion held at the Ontario Municipal Leaders Summit on Fighting Antisemitism on January 21, 2022, where municipal leaders have pledged to continue the fight against antisemitism. Mayor Mrakas announced that Council would be returning to hybrid meetings starting with the February 1, 2022 General Committee meeting. Mayor Mrakas extended congratulations to newly elected Mayor David West of the City of Richmond Hill. 12. New Business Councillor Gaertner inquired about the status of the Property Standards By-law review, and staff provided a response. Councillor Gaertner inquired about how to proceed on a request for a mural in the David Tomlinson Nature Reserve (wildlife park), and the Mayor provided a response. 13. By-laws None. Page 11 of 82 10 14. Closed Session None. 15. Confirming By-law 15.1 By-law No. 6401-22 Being a by-law to confirm actions by Council resulting from a Council meeting on January 25, 2022 Moved by Councillor Gallo Seconded by Councillor Gilliland That the confirming by-law be enacted. Carried 16. Adjournment Moved by Councillor Thompson Seconded by Councillor Gilliland That the meeting be adjourned at 8:25 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 12 of 82 1 Town of Aurora Council Closed Session Public Meeting Minutes Date: Time: Location: Tuesday, January 25, 2022 5:45 p.m. Video Conference Council Members: Mayor Tom Mrakas (Chair) Councillor Harold Kim Councillor Wendy Gaertner Councillor Michael Thompson Councillor Rachel Gilliland Councillor John Gallo Members Absent: Councillor Sandra Humfryes Other Attendees: Doug Nadorozny, Chief Administrative Officer Lisa Hausz, Acting Director of Planning and Development Services Patricia De Sario, Town Solicitor Michael de Rond, Town Clerk _____________________________________________________________________ 1. Call to Order The Mayor called the meeting to order at 5:49 p.m. Council consented to resolve into a Closed Session at 5:50 p.m. Council reconvened into open session at 5:56 p.m. Reporting out from Closed Session took place at the end of the January 25, 2022 Council meeting. 2. Approval of the Agenda Moved by Councillor Gallo Seconded by Councillor Thompson Page 13 of 82 2 That the confidential Council Closed Session agenda be approved. Carried 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 4. Consideration of Items Requiring Discussion Moved by Councillor Gaertner Seconded by Councillor Kim That Council resolve into a Closed Session to consider the following matter: 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Section 239(2)(e) of the Municipal Act, 2001); Re: Council Closed Session Report No. PDS22-019– Proposed Settlement - Appeal of Housekeeping Zoning By-law Amendment (By-law No. 6365-21) Carried 4.1 Council Closed Session Report No. PDS22-019 - Proposed Settlement - Appeal of Housekeeping Zoning By-law Amendment (By-law No. 6365-21) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Section 239(2)(e) of the Municipal Act, 2001) Moved by Councillor Gilliland Seconded by Councillor Thompson 1. That Council Closed Session Report No. PDS22-019 be received; and 2. That the Town Solicitor be authorized to settle the appeal by including wording to By-law No. 6365-21 that the landscaping requirements set out in By-law No. 6365-21 do not apply to lands subject to existing landscaping requirements under Section 24 of Comprehensive Zoning By-law No. 6000-17. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Page 14 of 82 3 Carried (6 to 0) 5. Confirming By-law 5.1 By-law No. 6400-22 Being a By-law to confirm actions by Council resulting from a Council Closed Session on January 25, 2022 Moved by Councillor Gallo Seconded by Councillor Gilliland That the confirming by-law be enacted. Carried 6. Adjournment Moved by Councillor Thompson Seconded by Councillor Kim That the meeting be adjourned at 8:28 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 15 of 82 1 Town of Aurora Council Public Planning Meeting Minutes Date: Time: Location: Tuesday, January 18, 2022 7 p.m. Video Conference Council Members: Mayor Tom Mrakas (Chair) Councillor Harold Kim Councillor Wendy Gaertner Councillor Sandra Humfryes Councillor Michael Thompson Councillor Rachel Gilliland Councillor John Gallo Other Attendees: Doug Nadorozny, Chief Administrative Officer Lisa Hausz, Acting Director, Planning and Development Services Brashanthe Manoharan, Planner Michael de Rond, Town Clerk Samantha Yew, Deputy Town Clerk Ishita Soneji, Council/Committee Coordinator _____________________________________________________________________ 1. Call to Order The Mayor called the meeting to order at 7:03 p.m. 2. Land Acknowledgement Mayor Mrakas acknowledged that the meeting took place on the traditional territory of the Wendat, the Haudenosaunee, and the Anishinaabe peoples whose presence here continues to this day. He further noted that Aurora is part of the treaty lands of the Mississaugas of the Credit and the Williams Treaties First Nations and thanked them for sharing the land. Page 16 of 82 2 3. Approval of the Agenda Moved by Councillor Thompson Seconded by Councillor Gilliland The agenda as circulated by Legislative Services, be approved. Yeas (5): Mayor Mrakas, Councillor Kim, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (2): Councillor Gaertner, and Councillor Humfryes Carried (5 to 0) 4. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 5. Planning Applications The Mayor outlined the procedures that would be followed in the conduct of the public meeting. The Town Clerk confirmed that the appropriate notice was given in accordance with the relevant provisions of the Planning Act. 5.1 PDS22-003 - Application for Zoning By-law Amendment, 2578461 Ontario Inc., 15356 Yonge Street PLAN 246 LOT 13 PT LOT 14 RP 65R31151 PARTS 1 TO 3, File Number: ZBA-2017-06, Related File Number: SP-2017-05 Planning Staff Brashanthe Manoharan, Planner, presented an overview of the staff report and revised application respecting the proposal to develop a four-storey residential apartment building with 35 units with two levels of below-grade parking requiring site specific amendments to the existing zoning of “Promenade Downtown Shoulder-Special Mixed Density ‘PDS4(380)’ Exception Zone". It was mentioned that the subject lands is also currently zoned as "Environmental Protection 'EP(381)' Exception Zone" and Environmental Protection (EP) and the Knowles-Readman House on the subject lands will be retained and restored as is and integrated into the proposed development. She advised that the property is designated under Part V of the Ontario Heritage Act as part of the Northeast Old Aurora Page 17 of 82 3 Heritage Conservation District (HCD) and new development and conservation of existing buildings will be conducted as per the HCD guidelines. She further provided a summary of the revisions made by the applicant, public comments, and next steps. Applicant Bruce Hall, Planner, The Planning Partnership, presented an overview of the application including details of the proposed site layout, landscaping plan, changes to the proposal such as reduction in height, gross floor area, number of units, and heritage preservation strategy. Wayne Morgan, Heritage Planner, presented a detailed overview of the plan to retain and integrate the Knowles-Readman House in the proposed development noting the proposal intends to follow the Northeast Old Aurora HCD guidelines. It was noted that comments provided to date from the previous Public Planning meeting, staff, Aurora Design Review Panel, Heritage Advisory Committee, Ontario Heritage Trust, and local community have been taken into consideration in the revised proposal. Public Comments Patricia Wallace, President, Aurora Historical Society (AHS), spoke in support of the proposed development noting that the applicant, in consultation with the AHS and the Ontario Heritage Trust (OHT), has taken into consideration ways to mitigate any impacts to the Hillary House and preserve its heritage value. She further noted that the applicant has entered into a binding legal agreement with the AHS to ensure the measures are followed. Aurora residents, Glen Payne, Sadisha Galapatti, Bonnie Chan Bynoe, Marcel Garnier, and Ben Pourdad expressed the following concerns and questions:  Concerns regarding:  Overall Impact to surrounding neighbourhood due to proposed development  Construction impacts including duration, parking, noise pollution, construction vehicles on street, lack of privacy  Safety issues during construction and post-construction Page 18 of 82 4  Social impacts of increased density; surrounding area is already dense  Lack of visitor parking on property  Overflow parking in the neighbourhood hindering the regular flow of traffic  Traffic congestion on Yonge street and Irwin Avenue  Impact to the sewage and drainage system from the new development  Proposed development offers no benefit to community  Questions regarding:  Proposed project timeline  Construction management plan to reduce impact to surrounding neighbourhood  Means to mitigate impact on sewage and drainage systems  Tree preservation and landscape plan  Parking study of the surrounding area  Public consultation process  Clarification regarding pending response from the Lake Simcoe Region Conservation Authority (LSRCA) regarding stormwater management Planning Staff and Applicant Mr. Hall addressed the questions regarding the construction management plan noting an evaluation will be carried out pre and post construction to alleviate any impacts to the surrounding neighbourhood. He further addressed questions and concerns regarding the public consultation process, tree preservation and landscape plan, impact to sewage and drainage systems, and parking study. Staff addressed the concerns and questions regarding traffic and visitor parking on the property. Staff further noted that the stormwater management report is under review and additional comments from the LSRCA will be detailed in a future report. Moved by Councillor Thompson Seconded by Councillor Gallo 1. That Report No. PDS22-003 be received; and Page 19 of 82 5 2. That comments presented at the Public Planning Meeting be addressed by Planning and Development Services in a report at a future General Committee meeting. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Nays (1): Councillor Gaertner Carried (6 to 1) 6. Confirming By-law 6.1 By-law No. 6399-22 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on January 18, 2022 Moved by Councillor Gilliland Seconded by Councillor Humfryes That the confirming by-law be enacted. Carried 7. Adjournment Moved by Councillor Kim Seconded by Councillor Gilliland That the meeting be adjourned at 8:58 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 20 of 82 1 Town of Aurora General Committee Meeting Report Date: Time: Location: Tuesday, February 1, 2022 7:00 p.m. Council Chambers, Aurora Town Hall Council Members: Councillor Michael Thompson (Chair) Mayor Tom Mrakas Councillor Harold Kim Councillor Wendy Gaertner* Councillor Sandra Humfryes* Councillor Rachel Gilliland Councillor John Gallo* Other Attendees: Doug Nadorozny, Chief Administrative Officer Allan Downey, Director of Operations* Robin McDougall, Director of Community Services* Lisa Hausz, Acting Director, Planning and Development Services* Techa van Leeuwen, Director of Corporate Services* Carley Smith, Manager, Corporate Communications* Patricia De Sario, Town Solicitor* Jason Gaertner, Manager, Financial Management* Elizabeth Adams-Quattrociocchi, Manager, Financial Reporting and Revenue* Lisa Warth, Manager, Recreation* Stephen Corr, Senior Development Planner* Michael de Rond, Town Clerk Samantha Yew, Deputy Town Clerk Ishita Soneji, Council/Committee Coordinator *Attended electronically _____________________________________________________________________ Page 21 of 82 2 1. Call to Order The Chair called the meeting to order at 7 p.m. A moment of silence was observed in honour of former Councillor David Griffith, who passed away on January 25, 2022. General Committee consented to recess the meeting at 9:15 p.m. and reconvened the meeting at 9:25 p.m. General Committee resolved into a Closed Session at 10:13 p.m. and reconvened into open session at 10:50 p.m. 2. Land Acknowledgement General Committee acknowledged that the meeting took place on the traditional territory of the Wendat, the Haudenosaunee, and the Anishinaabe peoples whose presence here continues to this day. It was noted that Aurora is part of the treaty lands of the Mississaugas of the Credit and the Williams Treaties First Nations and we thank them for sharing the land. 3. Approval of the Agenda General Committee approved the revised agenda as circulated by Legislative Services, and further revised the agenda on a two-thirds majority vote to include Closed Session Item 14.1 - Personal matters about an identifiable individual, including municipal or local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re: Verbal Update from CAO. 4. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 5. Community Presentations 5.1 Brian Titherington, Director, Transportation & Infrastructure Planning, and Lauren Crawford, Manager, Transportation Long-Term Planning, Re: York Region 2022 Transportation Masterplan Update Lauren Crawford and Brian Titherington, from the Region of York, provided an update on the York Region 2022 Transportation Masterplan Project Page 22 of 82 3 (TMP) and presented an overview of the process and study in developing the TMP. They further provided details of the focus areas, proposed 2051 transportation networks, other programs and initiatives, and the next steps. General Committee received the presentation for information. 6. Delegations 6.1 Michael White, Resident; Re: Drainage Maintenance between Underhill Cres and Rachewood Crt Michael White referred to an ongoing dispute regarding the responsibility of maintaining the catch basin, drainage swale and retaining wall located behind his property, indicating that they are on Town property. He requested that the Town investigate the concerns and assume maintenance responsibilities. General Committee received the comments of the delegation. 6.2 Phiona Durrant, Shurithi Sharad, and Rebekah Murdoch, representing Aurora Black Community Association; Re: Black History Month Celebrations Phiona Durrant referred to the upcoming Black History Month Celebrations and Aurora Black Community (ABC) Association programs and activities and inquired about the possibility of funding or sponsorship to help facilitate the programs and celebrations in the future. General Committee received the comments of the delegation. 6.3 Don Given, President, Malone Given Parsons Ltd, representing TFP Aurora Developments Ltd.; Re: Item 9.2 - PDS22-005 - Application for Site Plan Approval, TFP Aurora Developments Ltd, 20 and 25 Mavrinac Blvd David Stewart, representing TFP Aurora Developments Ltd., provided background and overview of the site plan application to permit the development of 211 units on two common element condominiums on the subject lands. He further provided details of the site plan, proposed streetscape and elevations, sidewalk connections, and private parkettes. Don Given, Steven McIntyre, Steven Yu, Doug Woo, and Eva Li were in attendance to respond to any questions. Page 23 of 82 4 General Committee received and referred the comments of the delegation to item 9.2. 7. Consent Agenda General Committee recommends: That Consent Agenda Item 7.1 be received for information. Carried 7.1 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 17, 2021 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 17, 2021, be received for information. Carried 8. Advisory Committee Meeting Minutes General Committee recommends: That the Advisory Committee Meeting minutes 8.1 to 8.3 inclusive, be received for information. Carried 8.1 Heritage Advisory Committee Meeting Minutes of January 12, 2022 1. That the Heritage Advisory Committee meeting minutes of January 12, 2022, be received for information. Carried 8.2 Finance Advisory Committee Meeting Minutes of January 18, 2022 1. That the Finance Advisory Committee Meeting Minutes of January 18, 2022, be received for information. Carried 8.3 Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of January 19, 2022 1. That the Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of January 19, 2022, be received for information. Page 24 of 82 5 Carried 9. Consideration of Items Requiring Discussion (Regular Agenda) The Committee considered the items in the following order: 9.2, 9.1, 9.3, 9.4, and 9.5. 9.1 CMS22-006 - SARC Gymnasium Addition – Project Update Lisa Warth, Manager, Recreation, presented an overview of the Stronach Aurora Recreation Complex (SARC) gym addition project noting the progress thus far and the community consultation process and outcomes. She further provided details of the two design options and highlighted the pros and cons of each design layout, site fit challenges, and budget availability. It was noted that final design and updated cost estimate will be provided upon further consultation. General Committee recommends: 1. That Report No. CMS22-006 be received; and 2. That staff be directed to proceed with Option 1, a single gymnasium, multipurpose space and renovated customer service and administration space; and 3. That staff report back to Council with a final design and updated cost estimate prior to tender issuance. Carried 9.2 PDS22-005 - Application for Site Plan Approval, TFP Aurora Developments Limited, 20 and 25 Mavrinac Boulevard, Blocks 1, 2 and 6, Plan 65M-3852, File Number: SP-2021-08, Related File Numbers: OPA-2017-01, ZBA-2017-03 & SUB-2017-02 General Committee recommends: 1. That Report No. PDS22-005 be received; and 2. That Site Plan Application File SP-2021-08 to permit the development of 211 units (210 townhouse units and 1 single detached unit) on two proposed common element condominiums be approved, in principle, subject to the following conditions: Page 25 of 82 6 i. That all outstanding comments and requirements from Town and external agencies be addressed to the satisfaction of the Director of Planning and Development Services, prior to execution of a Site Plan agreement; and ii. That the Owners enter into a Site Plan Agreement with the Town to address requirements of the Town and external agencies, including but not limited to, the provision for payment by the Owner of all applicable fees, securities, and any other financial obligations; and 3. That approval of future Draft Plan of Condominium Application(s) required to implement Site Plan Application File SP-2021-08 be delegated to the Director of Planning and Development Services. Carried 9.3 CMS22-005 - Disc Golf Course Update General Committee recommends: 1. That Report No. CMS22-005 be received; and 2. That Highland Gate be removed as a potential location to build a disc golf course; and 3. That the evaluation and review to build a disc golf course be referred to the Parks and Recreation Master Plan review process. Carried 9.4 CS22-002 - Updates to the Use of Corporate Resources for Election Campaign Purposes Policy General Committee recommends: That the policy be amended to permit the rental of Town parks for campaign purposes. Defeated General Committee recommends: 1. That Report No. CS22-002 be received; and Page 26 of 82 7 2. That the policy be amended to disallow the rental of Town facilities for election campaign purposes; and 3. That the policy be amended to allow candidates to use meeting videos on the Town's YouTube Channel in their campaign material; and 4. That the amendments to the Use of Corporate Resources for Election Campaign Purposes Policy be approved. Carried as amended 9.5 FIN22-003 - Property Tax and Water Bill Payment Options General Committee recommends: 1. That Report No. FIN22-003 be received; and 2. That Council endorse the elimination of cash transactions at Town Hall for property tax and water bill payments. Carried 10. Notices of Motion 10.1 Mayor Mrakas; Re: Request to Dissolve Ontario Land Tribunal (OLT) Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of (our) community”; and Whereas our Official Plan includes provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and Whereas our Official Plan is ultimately approved by the province; and Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the Town of Aurora Official Plan; and Page 27 of 82 8 Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the Town of Aurora Official Plan; and Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of Aurora; and Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans; and Whereas all decisions—save planning decisions—made by Municipal Council are only subject to appeal by judicial review and such appeals are limited to questions of law and or process; and Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and Whereas lengthy, costly OLT hearings add years to the development approval process and acts as a barrier to the development of attainable housing; 1. Now Therefore Be It Hereby Resolved That Town of Aurora Council requests the Government of Ontario to dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario; and 2. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Page 28 of 82 9 Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and 3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. 11. Regional Report None. 12. New Business Councillor Humfryes offered her condolences to former Councillor David Griffith's family and expressed appreciation for his and his family's contributions to the Town. New Business Motion No. 1 General Committee recommends: That the comments from Delegation 6.1, by Michael White, regarding the responsibility of maintenance of the catch basin, drainage swale, and retaining wall between Underhill Cres and Rachewood Crt, be referred to staff to report back to Council. Carried 13. Public Service Announcements Mayor Mrakas announced the following updates and activities in Aurora:  The Town will be celebrating Black History Month throughout February and noted the formal flag raising ceremony held at Town Hall earlier today  Installation of outdoor rinks is complete; visit aurora.ca/outdoorrinks for updates and location information Mayor Mrakas noted that starting this week, the Province has permitted the reopening of indoor facilities, gyms, cinemas, event spaces at 50% capacity; as a result, the following Town programs and services will resume to in-person:  Payments for water, tax, parking tickets or pet licenses can be made at Town Hall; contact info@aurora.ca or 905-727-3123 for more information Page 29 of 82 10  Club Aurora Fitness Centre programs offered in-person and virtual; visit aurora.ca/fitnessclasses for more information  Aquatic programs including lane swims, leisure swim, and aquafit classes; more information is available at aurora.ca/aquatics  Drop-in programs at the Aurora Family Leisure Complex (AFLC); visit aurora.ca/aflcdropin for more information Councillor Gilliland announced that the Town is seeking entries to community and individual photo contests and submissions can be emailed to aaraujo@aurora.ca by the following dates:  Cabin Fever Reliever Photo Contest, by Monday, February 7, 2022, visit aurora.ca/cabinfever for more information  Aurora's Snow Sculpture Contest, by Sunday, February 13, 2022, visit aurora.ca/arcticadventure for more information Councillor Gaertner extended a reminder to follow the public health guidelines to help prevent the spread of COVID-19. 14. Closed Session General Committee consented to resolve into Closed Session to consider Item 14.1 - Personal Matters about an identifiable individual, including municipal or local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re: Verbal Update from the CAO 14.1 Personal matters about an identifiable individual, including municipal or local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re: Verbal Update from the CAO General Committee recommends: That the verbal update from the CAO be received for information. Carried 15. Adjournment That meeting was adjourned at 10:50 p.m. Page 30 of 82 1 Town of Aurora General Committee Meeting Report Date: Time: Location: Tuesday, February 15, 2022 7:00 p.m. Council Chambers, Aurora Town Hall Council Members: Councillor Rachel Gilliland (Chair) Mayor Tom Mrakas Councillor Wendy Gaertner* Councillor John Gallo* Councillor Sandra Humfryes Councillor Harold Kim Councillor Michael Thompson Other Attendees: Doug Nadorozny, Chief Administrative Officer Allan Downey, Director of Operations* Robin McDougall, Director of Community Services* Lisa Hausz, Acting Director, Planning and Development Services* Techa van Leeuwen, Director of Corporate Services* Rachel Wainwright-van Kessel, Director of Finance* Carley Smith, Manager, Corporate Communications* Patricia De Sario, Town Solicitor* Anna Henriques, Manager, Development Planning* Rosanna Punit, Planner* Mat Zawada, Accessibility Advisor* Michael de Rond, Town Clerk Samantha Yew, Deputy Town Clerk Ishita Soneji, Council/Committee Coordinator *Attended electronically _____________________________________________________________________ Page 31 of 82 2 1. Call to Order The Chair called the meeting to order at 7:02 p.m. General Committee consented to recess the meeting at 8:55 p.m. and reconvened the meeting at 9:06 p.m. General Committee consented to extend the hour past 10:30 p.m. to 11 p.m. 2. Land Acknowledgement General Committee acknowledged that the meeting took place on the traditional territory of the Anishinaabe, the Haudenosaunee, and the Wendat peoples whose presence here continues to this day. It was noted that Aurora is part of the treaty lands of the Mississaugas of the Credit and the Williams Treaties First Nations, and we thank them for sharing the land. 3. Approval of the Agenda General Committee approved the revised agenda as circulated by Legislative Services on a two-thirds majority vote to further include Delegations 6.5, 6.6, and 6.7 on the agenda. 4. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 5. Community Presentations 5.1 Brian North, representing Southlake Foundation; Re: 2022 Nature's Emporium Run for Southlake Brian North, on behalf of the Southlake Foundation, presented an overview of the growth of Southlake Regional Health Centre and services provided to the community, and invited everyone to participate in the 2022 Nature's Emporium Run for Southlake to help raise funds to serve the community. He reviewed details of the four-week virtual event to take place throughout April and the in-person race/walk to be held on Sunday, April 24, 2022, and noted that registration is open at runforsouthlake.ca. He further Page 32 of 82 3 encouraged Mayor Mrakas and Council members to form their team to help raise funds for the hospital and keep the Mayor's Challenge Cup in Aurora. General Committee received the presentation for information. 6. Delegations General Committee consented to consider Delegation 6.3 prior to Delegation 6.2. 6.1 George Popalis, Resident; Re: Municipal Tree Removal Request George Popalis expressed concern regarding the municipal crab-apple tree located in front of his property causing nuisance and damage to his property and requested that the tree be removed. He further offered support in the tree removal and replacement process if necessary. General Committee received the comments of the delegation. 6.2 Wendy Kenyon, Resident; Re: Item 9.1 - PDS22-002 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way Wendy Kenyon expressed concerns regarding the proposed development noting the impacts on the existing wildlife, natural habitats, woodlots, and ecologically fragile portions of the subject land. She emphasized the need to preserve the natural features and uphold the Official Plan policies and the existing zoning of the subject land. General Committee received and referred the comments of the delegation to Item 9.1. 6.3 George Skoulikas, Resident; Re: Item 9.1 - PDS22-002 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way George Skoulikas expressed concerns regarding the proposed development noting that the subject land is a flood plain with high risk of flooding and soil erosion. He further expressed concerns regarding the proposed cut and fill and emphasized the need to uphold and preserve the existing zoning of the subject land and the Official Plan policies. He Page 33 of 82 4 requested that the comments and concerns expressed by residents at previous Public Planning meetings be taken into consideration General Committee received and referred the comments of the delegation to Item 9.1. 6.4 Maricella Sauceda, Resident; Re: Item 9.1 - PDS22-002 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way Maricella Sauceda expressed concerns regarding the proposed development and inconsistencies in the Environment Impact Study submitted by the applicant noting the lack of mention of snapping turtles under species at risk. She further emphasized the need to thoroughly evaluate the existing wildlife and endangered species habitats, and the need to protect the natural environmental features of the subject land. General Committee received and referred the comments of the delegation 9.1. 6.5 Joanna Fast, Evans Planning, representing L&B Aurora Inc.; Re: Items 9.1 and 9.2 - PDS22-002 and PDS22-026 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way Joanna Fast, Evans Planning, presented an overview of the proposed development to facilitate the construction of a six storey, 150-unit apartment building on the subject land. She further provided details of the site plan and contextual plan, proposed land use designation, cut and fill plan on the site, and environmental features preservation and management plan. Jean-Christophe De Massaic, Amber Palmer, and John Fracchioni were present to respond to any questions. General Committee received and referred the comments of the delegation to Items 9.1 and 9.2. 6.6 Don Given, Allyssa Hrynyk, Sarah Kurtz, and Brian Henshaw, representing Shining Hill Collections Inc.; Re: Item 9.3 - PDS22-032 - Zoning By-law Amendment, Shining Hill Collections Inc., 306 St. Johns Sideroad West, File Number: ZBA-2021-02 Page 34 of 82 5 Don Given provided a brief overview of the zoning by-law amendment application and along with Brian Henshaw, Allyssa Hrynyk, Sarah Kurtz responded to any questions from the Committee. General Committee received and referred the comments of the delegation to Item 9.3. 6.7 Yevheniya Pokhvalina, Resident; Re: Item 9.1 - PDS22-002 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way Yevheniya Pokhvalina, on behalf of the residents on Amberhill Way, expressed concerns regarding the proposed development noting the overall impact to the surrounding community. She further expressed concerns with the building height, possible traffic congestion on Wellington Street West, and the overall increase in density in the area due to the development. General Committee received and referred the comments of the delegation to Item 9.1. 7. Consent Agenda None. 8. Advisory Committee Meeting Minutes None. 9. Consideration of Items Requiring Discussion (Regular Agenda) General Committee consented to consider Items 9.1 and 9.2 together. 9.1 PDS22-002 - Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Wellington Street and John West Way, Part Lot 81, Concession 1, Part 4 on Plan 65R-13645, File Numbers: ZBA-2019-01 and SP-2020-05 9.2 PDS22-026 - Additional Information to Applications for Zoning By-law Amendment and Site Plan Control, L&B Aurora Inc., North East Quadrant of Page 35 of 82 6 Wellington Street and John West Way, Part Lot 81, Concession 1, Part 4 on Plan 65R-13645, File Number: ZBA-2019-01 and SP-2020-05 General Committee recommends: 1. That Report Nos. PDS22-002 and PDS22-026 be received; and 2. That the Zoning By-law Amendment Application File: ZBA 2019-01 be endorsed in principle, including the proposed increase in height in exchange for the proposed community benefits as discussed herein; and 3. That the proposed Zoning By-law Amendment be brought forward to a future Council meeting for enactment once an agreement has been executed between the Town and the Owner to secure the proposed Section 37 community benefits; and 4. That Site Plan Application File: SP-2020-05 be approved in principle to permit the development of a six-storey residential apartment building with 150 units; and 5. That servicing allocation be allocated to service the development with 150 apartment units. Defeated General Committee recommends: 1. That Report Nos. PDS22-002 and PDS22-026 be received for information. Carried 9.3 PDS22-032 - Zoning By-law Amendment, Shining Hill Collections Inc., 306 St. Johns Sideroad West, File Number: ZBA-2021-02 General Committee recommends: 1. That Report No. PDS22-032 be received; and 2. That the Zoning By-law Amendment Application File: ZBA 2021-02 (Shining Hill Collections Inc.) be approved to rezone a portion of the subject lands from “Oak Ridges Moraine Rural (RU-ORM)” to “Institutional Exception Zone” [I (XX)]; and Page 36 of 82 7 3. That the Zoning By-law Amendment be brought forward to a future Council meeting for enactment. Carried 9.4 CMS22-008 - Pet Cemetery – Project Update and Fencing Options Robin McDougall, Director, Community Services, presented an overview of the Pet Cemetery Project highlighting the focus of the on-site work for the next few years including site restoration involving debris removal, stone restoration, entrance design, and restoring internal pathways. She further provided details regarding the temporary and permanent perimeter fencing options, security of the site, future heritage designation options, and future programming initiatives to obtain archival and historical context of the existing stones. A video outlining details of the overall project and work conducted on site was presented. General Committee recommends: 1. That Report No. CMS22-008 be received; and 2. That staff be directed to pursue historic recognition options for the Pet Cemetery site; and 3. That staff be directed to include a new capital project in the 2023 budget for Council’s consideration for the construction of permanent fencing around the Pet Cemetery lands. Carried 9.5 CS22-007 -Town of Aurora Multi-Year Accessibility Plan 2022 – 2026 General Committee recommends: 1. That Report No. CS22-007 be received; and 2. That Council endorse the new Town of Aurora Multi-Year Accessibility Plan 2022 – 2026. Carried 10. Notices of Motion None. Page 37 of 82 8 11. Regional Report 11.1 York Regional Council Highlights of January 27, 2022 General Committee recommends: 1. That the York Regional Council Highlights of January 27, 2022, be received for information. Carried 12. New Business New Business Motion No. 1 General Committee recommends: That the comments from Delegation 6.1, by George Popalis, regarding municipal tree removal request, be referred to staff to report back to Council. Carried Councillor Gallo referred to the Province’s recently announced changes in the COVID-19 vaccination proof mandate and inquired if the Town intends to implement similar regulations at Town facilities, and staff provided a response. Councillor Gaertner referred to residents' concerns regarding the lack of notice given to residents regarding a recent appeal to the Ontario Land Tribunal (OLT) and emphasized the need for notices to all registered interested parties. 13. Public Service Announcements Mayor Mrakas announced the following updates and activities in Aurora:  The Town is celebrating Black History Month throughout February noting that various activities will be held throughout the month such as Paint and Writing Night hosted by the Aurora Black Community Association on Friday, February 18, 2022, and an all-day screening of Ninth Floor documentary directed by Mina Shum on Sunday, February 20, 2022; visit aurora.ca/blackhistorymonth for more details. Page 38 of 82 9  Aurora's Arctic Adventure will be held from Friday, February 18, 2022, to Monday, February 21, 2022; visit aurora.ca/arcticadventure for further details on activities and pre-registration  The Aurora Economic Development Corporation (AEDC) is seeking additional board members and deadline to apply is Friday, March 4, 2022, at 4:30 p.m.; visit aurora.ca/aedc for more information  The Town is accepting nominations for the 2022 Community Recognition Awards and the deadline for nominations is Friday, April 4, 2022; visit aurora.ca/cra for more information Councillor Gaertner extended appreciation to Phiona Durrant, representing Aurora Black Community Association, and Loba Fallah, owner of Bookworms and Company, who were featured on the CBC radio show hosted by Jill Dempsey. Councillor Gallo announced that the Diversity on the Ice event as part of the Black History Month celebrations will be held at Queen's Diamond Jubilee Park on Sunday, February 20, 2022, at 1:30 p.m. Councillor Gilliland announced that the Aurora Optimist Club, in partnership with the Aurora Food Pantry and Joe and Val's No Frills, will be hosting the "Fill the Freezer" campaign kick-off event in front of the store on Saturday, February 19, 2022, at 11 a.m. She further announced that Joe and Val's No Frills store will be celebrating their one-year anniversary on this day and will be making a contribution to the pantry and accepting donations at the register in store for a week. Councillor Gilliland announced that the Aurora Optimist Club will be hosting a mobile food truck for patrons at the 2022 Aurora Arctic Adventure event to raise funds for the community and encouraged everyone to contribute. Mayor Mrakas extended a reminder that the Aurora Tigers Jr. A team will be playing at the Aurora Community Centre on Saturday, February 19, 2022, at 2:30 p.m. and will be the featured game of the week on CHCH-TV. He further noted that all Aurora Minor Hockey Association players who wear their jerseys will be granted free entry into the arena and a best sign contest will be conducted at the game. Page 39 of 82 10 Mayor Mrakas announced that the Central York Girls Hockey Association "She Shoots She Saves" fundraising campaign kick-off event will be held on Sunday, February 20, 2022, from 10 a.m. to 11:30 a.m. at the Newmarket Lions Hall outdoor rink. 14. Closed Session None. 15. Adjournment The meeting was adjourned at 11:02 p.m. Page 40 of 82 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Motion Notice given February 1 , 2022 _______________________________________________________________________________________ Re: Request to Dissolve Ontario Land Tribunal (OLT) To: Members of Council From: Mayor Tom Mrakas Date: February 22, 2022 _______________________________________________________________________________________ Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and Whereas an Official Plan is developed through months o f public consultation to ensure, “that future planning and development will meet the specific needs of (our) community”; and Whereas our Official Plan includes provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and Whereas our Official Plan is ultimately approved by the province; and Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the Town of Aurora Official Plan; and Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By -law changes that do not better the community or do not fit within the vision of the Town of Aurora Official Plan; and Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of Aurora; and Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans; and Page 41 of 82 Request to Dissolve Ontario Land Tribunal (OLT) February 22, 2022 Page 2 of 2 Whereas all decisions—save planning decisions—made by Municipal Council are only subject to appeal by judicial review and such appeals are limited to questions of law and or process; and Whereas Ontario is the only province in Canada that empowers a separate adjudicat ive tribunal to review and overrule local decisions applying provincially approved plans; and Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the p rovince in expensive, time consuming and ultimately futile OLT hearings; and Whereas lengthy, costly OLT hearings add years to the development approval process and acts as a barrier to the development of attainable housing; 1. Now Therefore Be It Hereby Resol ved That Town of Aurora Council requests the Government of Ontario to dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario; and 2. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and 3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consider ation. Page 42 of 82 __________________________________ The Corporation of the Town of Aurora By-law Number XXXX-22 Being a By-law to declare as surplus and sell municipal lands (Barrie Rail Corridor properties). Whereas section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Act”) states that a municipal power, including a municipality’s capacity, rights, powers and privileges under section 9 of the Act, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; And whereas The Corporation of the Town of Aurora (the “Town”) is the owner of the lands described on Schedule “A” attached hereto and forming part of this By-law (the “Lands”); And whereas the Town does not require the Lands for municipal purposes and deems it necessary to declare as surplus and sell the Lands; And whereas on May 8, 2001, the Council of the Town enacted By-law Number 4255- 01.A, being a By-law to provide procedures with respect to the sale of municipal land, which provisions with respect to the sale of the Lands has been adhered to; Now therefore the Council of the Corporation of The Town of Aurora hereby enacts as follows: 1. The Lands be and are hereby declared as surplus. Enacted by Town of Aurora Council this 22nd day of February, 2022. __________________________________ Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 43 of 82 By-law Number XXXX-22 Page 2 of 2 Schedule “A” All and singular those certain parcels or tracts of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York and being composed of: (a) Part of the Road Allowance between Lots 75 and 76, Concession 1, designed at Part 2 on Plan 65R-38201, being part of PIN 03670-0722 (LT); and (b) Block C on Registered Plan M-51, designed at Part 1 on Plan 65R-38293, being part of PIN 03644-0003 (LT). Page 44 of 82 The Corporation of the Town of Aurora By-law Number XXXX-22 Being a By-law to enact a new Procurement Policy for the Town of Aurora. Whereas paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that, a municipality shall adopt and maintain policies with respect to its Procurement of goods and services; And whereas on May 8, 2018, The Corporation of the Town of Aurora (the “Town”) passed a by-law regarding its Procurement of goods and services, being By-law Number 6076-18; And whereas it is deemed necessary to adopt a policy by by-law with respect to the Town’s Procurement of goods and services to replace By-law Number 6076-18; And whereas it is then deemed necessary and expedient to repeal By-law Number 6076-18; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. By-law Number 6076-18, as amended, and all previous by-laws and policies passed under paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25., or any predecessor thereof, are repealed in their entirety, including all sections, schedules, and amendments. 2. The Town of Aurora Procurement Policy, attached hereto as Appendix “A”, is hereby adopted and enacted as the policy for the procurement of goods and services for the Town, pursuant to paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25. Enacted by Town of Aurora Council this 22nd day of February, 2022. ___________________________________ Tom Mrakas, Mayor ___________________________________ Michael de Rond, Town Clerk Page 45 of 82 Table of Contents PROCUREMENT POLICY ............................................................................................................. 2 SECTION 1 – PURPOSE AND PRINCIPLES ............................................................................................. 2 SECTION 2 – INTERPRETATION AND APPLICATION ........................................................................... 2 SECTION 3 – ETHICAL CONDUCT AND CONFLICTS OF INTEREST ................................................... 5 SECTION 4 – ROLES AND RESPONSIBILITIES ....................................................................................... 5 SECTION 5 – ESTABLISHMENT OF SUPPLY ARRANGEMENTS ......................................................... 8 SECTION 6 – PROCUREMENT OF DELIVERABLES ................................................................................ 9 SECTION 7 – SUPPLIER RELATIONS AND CONTRACT MANAGEMENT .......................................... 13 SECTION 8 – PROCUREMENT RECORD-KEEPING .............................................................................. 14 SECTION 9 – COMPLIANCE MONITORING AND REPORTING ........................................................... 15 SECTION 10 – GREEN PROCUREMENT ................................................................................................ 16 SCHEDULE A – GLOSSARY OF TERMS ................................................................................................. 17 SCHEDULE B – EXCLUSIONS ................................................................................................................. 21 SCHEDULE C – PROCUREMENT THRESHOLDS .................................................................................. 24 SCHEDULE D – THRESHOLD AND AUTHORIZATION SCHEDULE ..................................................... 25 SCHEDULE E – SUPPLIER CODE OF CONDUCT ................................................................................... 31 Page 1 Appendix “A” Town of Aurora Procurement Policy Page 46 of 82 Town of Aurora Procurement Policy Page 2 PROCUREMENT POLICY SECTION 1 – PURPOSE AND PRINCIPLES 1.1 Purpose The purpose of this policy is to detail the principles, procedures, roles, and responsibilities for the Town’s Procurement operations. 1.2 Principles The Town is committed to conducting its Procurement operations in accordance with the following principles: • compliance and consistency with applicable legislation, trade agreements, policies, and procedures; • open, fair, and transparent processes that afford equal access to all qualified Suppliers; • reciprocal non-discrimination and geographic neutrality with respect to its trading partners in accordance with trade treaty obligations; • achieving best value through consideration of the full range of Procurement formats and the adoption of commercially reasonable business practices; • effective balance between accountability and efficiency; and • ensuring adherence to the highest standards of ethical conduct. SECTION 2 – INTERPRETATION AND APPLICATION 2.1 Defined Terms Terms used in this policy are defined in the Glossary of Terms (Schedule A). 2.2 Application This policy applies to the Procurement of all Deliverables with the exception of the exclusions set out in Schedule B of this policy. Procurement includes the acquisition of Deliverables by purchase, rental, or lease. This policy does not apply to: • Contracts or agreements relating to hiring of employees or employee compensation or reimbursement of employee expenses; Page 47 of 82 Town of Aurora Procurement Policy Page 3 • Contracts or agreements for the sale, purchase, lease or license of land or existing buildings; or • Procurement conducted by Central York Fire Services, the Aurora Public Library Board or any municipal services corporation established by the Town. 2.3 Authorization Schedule The Authorization Schedule (Schedule D) sets out the authorities for: a) initiating a procurement; b) conducting a Procurement process and approving the award of a Contract; c) issuing Purchase Orders and signing Contracts on behalf of the Town; and d) approving amendments to existing Contracts. 2.4 Procurement Protocols and Procedures Procurement Services is responsible for developing and maintaining detailed protocols and procedures to support this policy. All procurements covered by this policy must be conducted in accordance with all applicable protocols and procedures. 2.5 Emergency Purchases Notwithstanding any other provisions of this policy, where an emergency exists and prior approval of the Procurement Manager cannot be obtained, a Department Head, or their designate, may authorize any officer or employee to acquire required Deliverables in an expedited manner. For greater certainty, an emergency Procurement includes any other expenditure that is necessary to respond to or effectively manage any Town emergency, or as required under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended. Emergency procurements shall only be to the extent necessary to mitigate the immediate threat or risk, or to temporarily contain the situation or circumstance and restore services. Longer term projects or work for replacement of lost significant infrastructure must follow the provisions of this policy. Situations of urgency resulting from the failure to properly plan for a Procurement do not constitute an emergency. Page 48 of 82 Town of Aurora Procurement Policy Page 4 2.5.1 Purchases During a Declared Emergency or Similar During an emergency declaration or similar situation where the CAO, or other authorized person, convenes some or all of the members of the Municipal Emergency Control Group, but for which a formal declaration of an emergency is not made, but an emergency intervention is approved, this policy is suspended only for purchases that relate directly or indirectly to the emergency situation. All other routine Procurement activities of the Town during the emergency, but unrelated, remain subject to this policy. Purchases relating to the situation to contain and manage the emergency situation shall be authorized as set out in the Municipal Emergency Management Response Program and the Town’s Treasurer shall prepare the required accountability and financial reports for Council for information following the termination of the emergency. 2.5.2 Emergency Procurement not Related to a Declared Emergency An emergency Procurement may be made when an event occurs or a circumstance is discovered that is determined by the Department Head or the Chief Building Official to be an imminent and significant threat to, or which has already significantly affected or threatened: (a) public health; (b) the maintenance of essential Town services; (c) the safety or welfare of persons or of public property; or (d) the security of the Town’s interests; but such emergency Procurement is only permitted where time does not permit open competitive bidding or obtaining invitational quotations. 2.6 Co-operative Purchasing The Town may participate in co-operative or joint purchasing initiatives with other government agencies or public authorities where such initiatives are determined by the Procurement Manager to be in the best interests of the Town to do so. If the Town participates in such co-operative or joint purchasing initiatives, the Town may adhere to the policies of the entity conducting the purchasing process, provided that such policies comply in spirit with this policy. If the Town is leading a co-operative or joint purchasing initiative, this policy will be followed. 2.7 Piggyback Purchasing The Town may piggyback on an existing procurement by accepting the results of a competitive Procurement process of another government agency or public authority where the provisions of the original Solicitation Document allow for such a piggyback, or when the Supplier is willing to do so, and it is believed by the Procurement Manager it is in the best interest of the Town to do so. Piggyback Procurements shall be considered a Non-Standard Procurement and shall comply with the reporting and approval requirements set out in Schedule “D" - Threshold and Authorization Schedule that apply to Non-Standard Procurements. Page 49 of 82 Town of Aurora Procurement Policy Page 5 SECTION 3 – ETHICAL CONDUCT AND CONFLICTS OF INTEREST 3.1 Conduct and Conflicts of Interest The Town’s Procurement activities must be conducted with integrity, and all individuals involved in the Town’s Procurement activities must act in a manner that is consistent with the principles and objectives of this policy and in accordance with the Town’s Code of Conduct, and the Council Code of Conduct. All participants in a Procurement process, including any outside consultants or other service providers participating on behalf of the Town, must declare any perceived, possible, or actual conflicts of interest. “Conflict of interest,” when applied to the activities of the Town and its Suppliers, means a conflict or tension between one’s private interests and one’s public or fiduciary duties. 3.2 Supplier Conduct and Conflicts of Interest The Town requires its Suppliers to act with integrity and conduct business in an ethical manner. All Suppliers participating in a Procurement process or providing Deliverables to the Town must declare any perceived, possible, or actual conflicts of interest and must conduct themselves in accordance with the Supplier Code of Conduct in Schedule E of this policy. The Town may refuse to do business with any Supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage, or fails to adhere to ethical business practices. SECTION 4 – ROLES AND RESPONSIBILITIES 4.1 Role and Responsibilities of Council It is the role of Council to establish policy and approve expenditures through the Town’s budget-approval process. Through this policy, Council delegates to the Town’s officers and employees the authority to incur expenditures in accordance with approved budgets through the Procurement of Deliverables in accordance with the rules and processes set out in this policy and applicable protocols and procedures. Council will not generally be involved in the day-to-day Procurement operations or individual Procurement processes, except to the extent that the approval of Council is required under this policy or in the event that an exception to this policy is required. Page 50 of 82 Town of Aurora Procurement Policy Page 6 4.2 Roles and Responsibilities of Employees Specific responsibilities pertaining to all stages of a Procurement process, from the initial identification of requirements through to the management of Contracts with Suppliers, are detailed in this policy and applicable protocols and procedures. In addition to those specific responsibilities, the general roles and responsibilities delegated to the Town’s employees are set out below. 4.2.1 Procurement Manager It is the role of Procurement Services to lead the Town’s Procurement operations. In fulfilling this role, the Procurement Manager, or designate, is responsible for: a) ensuring the consistent application of this policy and the provision of Procurement services to the Departments efficiently and diligently; b) developing Procurement strategies and continually analyzing business requirements and spending patterns to identify opportunities for more strategic sourcing; c) researching, developing, maintaining, updating, and communicating Procurement protocols, procedures, and templates; d) addressing any issues or concerns that arise in respect of a Procurement process and seeking guidance, support, and advice of Legal Services, as required; and e) providing appropriate orientation, training, and tools to employees involved in Procurement activities. 4.2.2 Department Heads It is the role of the Departments to ensure that their requirements for Deliverables are met in accordance with the principles and objectives of this policy. In fulfilling this role, Department Heads are responsible for ensuring that their Department complies with this policy and all applicable protocols and procedures, encouraging sound Procurement practices and ensuring the provision of appropriate education and training to employees involved in Procurement activities. Department Heads will be held accountable for any decision to proceed with a Procurement process or transaction that is not conducted in accordance with this policy or does not have the approval of Procurement Services. 4.2.3 Department Employees Employees of all Departments are responsible for complying with this policy. Department employees involved in Procurement activities must understand their obligations and Page 51 of 82 Town of Aurora Procurement Policy Page 7 responsibilities under this policy and all applicable protocols and procedures, and they should consult with Procurement Services in respect of any questions regarding the application or interpretation of this policy or any relevant procedures. 4.2.4 Procurement Services Employees Employees of Procurement Services are responsible for complying with this policy and ensuring this policy and all protocols and procedures are applied consistently. Employees of Procurement Services are responsible for: a) providing strategic support, consultation and procurement services to the Departments efficiently and diligently; b) assisting with the development of Procurement strategies and analysis of business requirements and spending patterns to identify opportunities for more strategic sourcing; c) communicating Procurement protocols, procedures, and templates to the Town; and d) training clients on the procurement policy, protocols and forms. Employees of Procurement Services must understand their obligations and responsibilities under this policy and all applicable protocols and procedures, and are responsible for complying with this policy and ensuring consistent application of this policy. Employees of Procurement Services should consult with the Procurement Manager in respect of any questions regarding the application or interpretation of this policy. Employees of Procurement Services must understand their obligations and responsibilities under this policy and all applicable protocols and procedures, and they should consult with the Procurement Manager in respect of any questions regarding the application or interpretation of this policy, and the protocols and procedures. 4.2.5 Legal Services It is the role of Legal Services to provide legal advice and assistance on the Town’s Procurement activities and its relationships with Suppliers. In fulfilling this role, Legal Services is responsible for: a) advising the Procurement Manager as required on legal issues arising from Procurement activities and reviewing and approving specific Solicitation Documents and related documentation referred for legal review by the Procurement Manager; Page 52 of 82 Page 8 Town of Aurora Procurement Policy b) providing advice on the finalization of Contracts and agreements and reviewing and advising on proposed changes to the Town’s standard terms and conditions, legal agreements, and Solicitation Document templates; and c) providing legal advice and counsel to the Town in the event of a Contract dispute or legal challenge flowing from a Procurement process. 4.3 Procurement Governance Committee Procurement Governance Committee (“PGC”) is hereby established for the purpose of making determinations under: (a) the Procurement Protest Protocol; (b) the Supplier Suspension Protocol; and (c) the Non-Standard Procurements authority to procure between $100,000 and under $250,000, and for considering and providing input on other Procurement matters that may be referred to it by the Procurement Manager. Meetings and deliberations of the PGC will include the Procurement Manager and at least two members of the Executive Leadership Team or employees of the Town. Legal Services will provide guidance and advice to the PGC, as required. SECTION 5 – ESTABLISHMENT OF SUPPLY ARRANGEMENTS 5.1 Recurring Requirements Before initiating a Procurement, Departments must consider the availability of existing supply arrangements. If the Deliverables will be required on a frequent or regularly recurring basis, and there is no existing supply arrangement, the Department must consult with Procurement Services about the possibility of establishing a Standing Offer or Qualified Supplier Roster. 5.2 Standing Offers Standing Offers may be established for standardized Deliverables to be purchased by all Departments, where: (a) the requirements for Deliverables are recurring and predictable over an extended period of time; (b) the requirements are standard and clearly defined at the time of establishment of the Standing Offer; and Page 53 of 82 Page 9 Town of Aurora Procurement Policy (c) it is possible to fix pricing for the Deliverables for the duration of the Standing Offer. The establishment of a Standing Offer does not create a contractual commitment to procure Deliverables from the Supplier. The commitment to purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a Purchase Order to the Supplier. The Procurement Manager is authorized to establish Standing Offers through an Open Competition. The Open Competition will be managed by Procurement Services, with the co-operation and involvement of subject-matter experts from the relevant Department(s). If multiple Standing Offers are established for the same goods or services, clear ranking methodologies and call-up procedures must be specified. 5.3 Qualified Supplier Rosters Qualified Supplier Rosters may be established to prequalify Suppliers that will be eligible to compete for individual work assignments involving the delivery of a particular type of Deliverables, as and when required. The establishment of a Qualified Supplier Roster does not create a contractual commitment to procure Deliverables from any of the Suppliers. When Deliverables are required, a Roster Competition will be conducted for the purposes of awarding a contract to one of the qualified Suppliers. The Procurement Manager is authorized to conduct Open Framework Competitions to establish Qualified Supplier Rosters. The Open Framework Competition will be managed by Procurement Services, with the co-operation and involvement of the Department(s), in accordance with the Qualified Supplier Roster Protocol. SECTION 6 – PROCUREMENT OF DELIVERABLES 6.1 Procurement Planning Effective Procurement planning is essential to ensuring an effective result and to limit risk to the Town. Departments must follow the Procurement Planning Protocol and ensure that they leave sufficient time to plan for a procurement, including time for: a) developing proper specifications and business requirements; b) obtaining internal reviews; c) conducting a Competitive Process, as required; and d) obtaining necessary approvals. Page 54 of 82 Town of Aurora Procurement Policy Page 10 6.2 Market Research Where the Department is uncertain about the Deliverables required or where there is insufficient internal knowledge about the market, the Department must consult with Procurement Services about conducting a Request for Information (“RFI”) process. An RFI process must be conducted by Procurement Services, and be openly posted in order to gather market research from prospective Bidders. It must not be used as a pre- qualification tool. 6.3 Procurement Value It is important to accurately estimate the value of the Procurement to determine the appropriate Procurement method and ensure compliance with the requirements of this policy. Possible extension years must be included in the calculation of the Procurement Value. Departments must refer to the Procurement Planning Protocol for additional guidance on determining the Procurement Value. 6.4 Contract-Splitting Subdividing, splitting or otherwise structuring Procurement requirements or contracts in order to reduce the value of the Procurement or in any way circumvent the requirements or intent of this policy is not permitted. 6.5 Initiating Procurement Unless specifically permitted under this policy or the Procurement protocols or procedures, Departments are not permitted to procure Deliverables or engage with potential Suppliers regarding the Procurement of Deliverables without the involvement of Procurement Services. All procurements must be initiated in accordance with the Procurement Planning Protocol. 6.6 Procurement Authorization Before any Procurement process begins, authorization of the Procurement and delegation of authority to procure must be obtained in accordance with the Authorization Schedule. 6.7 Standard Procurement Methods Depending on the nature, value, and circumstances of the Procurement, the Town may procure Deliverables through the standard Procurement methods outlined below in this Section. The various thresholds are set out in Schedule C of this policy. Page 55 of 82 Town of Aurora Procurement Policy Page 11 6.7.1 Existing Supply Arrangement 6.7.1.1 Ordering from Standing Offer When a Standing Offer is available, its use is mandatory for all Departments. To purchase from a Standing Offer, Departments should process orders directly with the Supplier. The purchase from a Standing Offer can be made through P-Card or Purchase Order referring to the Standing Offer details should be created and sent to the Supplier as per the Contract. The Purchase Order referencing the Standing Offer and reflecting the prices and terms and conditions of the Standing Offer will be created and issued to the Supplier by the Department. 6.7.1.2 Roster Competition If the Deliverables are available under an existing Qualified Supplier Roster, they must be acquired through a Roster Competition. Roster Competitions will be managed by Procurement Services, with the co-operation and involvement of the Department, in accordance with the Qualified Supplier Roster Protocol. 6.7.2 Low-Value Procurement Where the Procurement Value is below the Low-Value Purchase Threshold and the Deliverables are not covered under an existing Standing Offer or Qualified Supplier Roster, Departments may make Low-Value Procurements without the involvement of Procurement Services. It is the responsibility of the Department to determine if there is an existing Standing Offer or Qualified Supplier Roster for the required Deliverables before making a purchase. When available, the Deliverables must be purchased in accordance with the terms of the Standing Offer or in accordance with the Qualified Supplier Roster Protocol. For Low-Value Procurements, the Department is only required to obtain one quote and may acquire the Deliverables using a corporate purchasing card or by submitting a Purchase Order requisition to be approved by the Manager or Department Head based on the individual’s Financial Authority. Where practical, Departments are encouraged to obtain multiple quotes to ensure they are obtaining the best value. Quotes may be obtained through advertisements or Supplier catalogues or by contacting the potential Supplier(s) by telephone or email. The Department Head is responsible and accountable for Low-Value Procurements and may authorize specific individuals within the Department to make Low-Value Procurements and may assign specific spending authority limits, in accordance with the individual’s Financial Authority. Page 56 of 82 Town of Aurora Procurement Policy Page 12 If a Department anticipates making multiple Low-Value Procurements of the same Deliverables and the total value of those purchases may exceed the applicable Low-Value Purchase Threshold, the Department must contact Procurement Services to discuss the possibility of setting up a Standing Offer or Qualified Supplier Roster. 6.7.3 Mid-Value Procurement (Invitational Competition) A Mid-Value Procurement uses an Invitational Competition, in which Bids are solicited from a minimum of three Suppliers, and is the standard method of Procurement when the Procurement Value is between the Low-Value Purchase Threshold and the Open Competition Threshold. For Mid-Value Procurements, the Department may acquire the Deliverables by submitting a Purchase Order requisition to be approved by the Manager or Department Head based on the individual’s Financial Authority. The Department Head is responsible and accountable for ensuring that the process is conducted in accordance with the Invitational Competition Protocol. Open Competition may be conducted in lieu of a Mid-Value Procurement, where the Procurement Manager, in consultation with the Department, determines that it would be in the Town’s best interest. 6.7.4 Open Competition An Open Competition, in which Bids are solicited from all interested Suppliers through a publicly posted Solicitation Document, is the standard method of Procurement when the Procurement Value equals or exceeds the Open Competition Thresholds. Open Competitions must also be used to establish Standing Offers. Open Competitions may include two-stage Procurement processes in which a pre- qualification process is conducted by soliciting and evaluating submissions from all interested Suppliers in order to establish a short list of prequalified Suppliers that will be eligible to submit a Bid in response to a second-stage Solicitation Document. A two-stage Procurement process may be used whenever determined appropriate by the Procurement Manager. Open Competitions will be managed by Procurement Services, with the co-operation and involvement of the Department, in accordance with the Open Competition Protocol. 6.8 Non-Standard Procurement Non-Standard Procurement means the acquisition of Deliverables through a method other than the standard method for the type and value of the Deliverables, as set out above under Section 6.7. Non-standard Procurement methods include: Page 57 of 82 Page 13 Town of Aurora Procurement Policy a) acquiring Deliverables directly from a particular Supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required; and b) soliciting Bids from a limited number of Suppliers without conducting an open pre- qualification process when an Open Competition would normally be required. The use of a Non-Standard Procurement process is permitted only under the specific circumstances set out in the Non-Standard Procurement Protocol and must be approved in accordance with the Non-Standard Procurement Protocol. Under no circumstances will a Non-Standard Procurement be used for the purpose of avoiding competition among Suppliers or in a manner that discriminates against or advantages Suppliers based on geographic location. 6.9 Contract Award and Finalization Contracts must be awarded in accordance with this policy and the applicable protocol(s) governing the Procurement process and must be authorized in accordance with the Authorization Schedule. A Contract may be entered into through the execution of a legal agreement and/or the issuance of a Purchase Order evidencing the contract. The Contract must be entered into prior to the delivery or provision of the Deliverables. No work shall commence without a Purchase Order having been issued with sufficient funds available for the work. The Procurement Manager has delegated authority to issue Purchase Orders on behalf of the Town. Agreements must be signed in accordance with the Authorization Schedule. No Contract may be entered into, either through the issuance of a Purchase Order or the execution of an agreement, unless: a) approved funding in an amount sufficient to cover the Procurement Value is available; b) the Procurement process was conducted in accordance with this policy; and c) applicable protocols and all required authorizations have been obtained. SECTION 7 – SUPPLIER RELATIONS AND CONTRACT MANAGEMENT 7.1 Debriefings Where the Town has conducted an Open Competition, unsuccessful Suppliers may request a debriefing. Debriefings must be conducted in accordance with the Bidder Debriefing Protocol. Page 58 of 82 Page 14 Town of Aurora Procurement Policy 7.2 Procurement Protests Suppliers may formally protest the outcome of a Procurement process. Procurement protests must be managed and responded to in accordance with the Procurement Protest Protocol. 7.3 Contract Management All contracts for Deliverables must be managed by the Department in accordance with the Contract Management Protocol. Master Framework Agreements will be managed by Procurement Services in accordance with the Qualified Supplier Rosters Protocol. 7.4 Contract Extensions or Amendments Contract extensions and amendments must not be used to expand a Contract beyond what was contemplated under the terms of the Contract and the original Procurement process or to circumvent the need to procure additional Deliverables through a Competitive Process in accordance with this policy. If a Contract amendment results in a net increase to the Contract value previously approved, the amendment must be approved in accordance with the Contract Management Protocol and the Authorization Schedule. 7.5 Supplier Performance The performance of a Supplier under Contract must be monitored and tracked in accordance with the Supplier Performance Evaluation Protocol. 7.6 Supplier Suspension Suppliers can be suspended from participating in future Procurement processes in accordance with the Supplier Suspension Protocol. SECTION 8 – PROCUREMENT RECORD-KEEPING 8.1 Supplier Information The Town must ensure that Supplier information submitted in confidence in connection with a Procurement process or Contract is adequately protected. Procurement Services and the Departments must ensure that all Bids and Contracts are kept in a secure location and are only accessible by those individuals directly involved with the Procurement or management of the Contract. Page 59 of 82 Page 15 Town of Aurora Procurement Policy 8.2 Procurement Records The maintenance, release, and management of all Procurement records must be in accordance with the Town’s policies and procedures on document management and access to information and the Municipal Freedom of Information and Protection of Privacy Act. Procurement Services is responsible for ensuring that all documentation relating to a Procurement is properly filed and maintained in a Procurement project file. Documentation and reports regarding Procurement processes and Contract awards (including Non-Standard Procurements) and data necessary to trace the process conducted electronically must be maintained as required under the Town’s document management policies. SECTION 9 – COMPLIANCE MONITORING AND REPORTING 9.1 Compliance Monitoring Non-compliance with this policy may expose the Town to the risk of Supplier complaints, reputational damage, Bid disputes, legal challenges, and may comprises the integrity, fairness, openness, and transparency of the process. Department Heads are required to observe and address non-compliance with this policy within their Departments. Where instances of non-compliance are identified, the Department Head is expected to notify the Procurement Manager and obtain advice; (a) with respect to mitigating potential risks to the Town arising from the non-compliance; and (b) to ensure future non-compliance is avoided. The Procurement Manager is responsible for monitoring compliance across the organization. Based on the results of compliance monitoring, reports outlining instances of non-compliance will be issued by the Procurement Manager to the relevant Department Head. The Department Head must address the identified compliance concerns and submit a written confirmation of actions taken to the Procurement Manager. Ongoing concerns with respect to compliance will be subject to internal audit. The Procurement Manager will address noncompliance in accordance with the procedures established under the Non-Compliance Reporting and Remediation Protocol. 9.2 Audit All Procurement activities will be subject to audit by York Region Audit Services. Page 60 of 82 Page 16 Town of Aurora Procurement Policy 9.3 Reporting The Procurement Manager will prepare and submit to Council a quarterly report summarizing the Town’s Procurement activities, including: (a) Non-standard Procurements; and (b) Procurements over $250,000. SECTION 10 – GREEN PROCUREMENT 10.1 Green Procurement Town staff are responsible for ensuring that their procurements address the Town’s green procurement objectives in a manner consistent with the Green Procurement Policy. Page 61 of 82 Page 17 Town of Aurora Procurement Policy SCHEDULE A – GLOSSARY OF TERMS “Bid” means a submission in response to a Solicitation Document, and includes proposals, quotations, or responses. “Bidder” means a Supplier that submits a Bid, and includes proponents and respondents. “CAO” means the Chief Administrative Officer for the Town. “Competitive Process” means the solicitation of Bids from multiple Suppliers. “Contract” means a commitment by the Town for the Procurement of Deliverables from a Supplier, which may be evidenced by an agreement executed by the Supplier and the Town, or a Purchase Order issued by the Town to the Supplier. “Contract Administrator” means an employee assigned to the management of a Contract. “Council” means the elected Council of the Town. “Deliverables” means any goods, services, or construction, or combination thereof. “Department” means the department of the Town that is requisitioning the purchase of the Deliverables. “Department Head” means a Director (or designate) of the Town who is responsible for a Department, and shall include the CAO with respect to his/her direct responsibilities for a Department. “Department Lead” means the Department employee assigned primary responsibility for a Procurement. “Division” means the division of the Town that is requisitioning the purchase of the Deliverables. “Division Manager” means the Manager, or their designate, of the Town who is responsible for a Division. “Financial Authority” refers to the Town’s financial authority registry which outlines the signing authority for individual Town employees. “Invitational Competition” means a Competitive Process in which an invitation to submit Bids is issued to at least three Suppliers. “Legal Services” means the Town’s Legal Services division. Page 62 of 82 Page 18 Town of Aurora Procurement Policy “Low-Value Procurement” means any Procurement of Deliverables with a value below the Low-Value Purchase Threshold set out in Schedule C, except where the Procurement is made through an existing Standing Offer or Qualified Supplier Roster. “Low-Value Purchase Threshold” means the maximum value for a Procurement of Deliverables that the Town may procure without proceeding with an Open Competition. “Master Framework Agreement” means a master agreement entered into between the Town and the prequalified Suppliers that have been included on a Qualified Supplier Roster. “Mid-Value Procurement” is an Invitational Competition where bids are sought from three suppliers. “Non-Standard Procurement” means the acquisition of Deliverables through a process or method other than the standard method required for the type and value of the Deliverables. Non-standard Procurement methods include: a) acquiring Deliverables directly from a particular Supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required; and b) soliciting Bids from a limited number of Suppliers without conducting an open pre- qualification process when an Open Competition would normally be required. “Open Competition” means the solicitation of Bids through a publicly posted Solicitation Document. “Open Competition Threshold” means the minimum value for a Procurement that the Town must procure using an Open Competition. “Open Framework Competition” means the Competitive Process used to establish a Qualified Supplier Roster and provide for an ongoing application process during the term of the Qualified Supplier Roster, as further described in the Qualified Supplier Rosters Protocol. “Performance Evaluation Report” means a report evaluating a Supplier’s performance in accordance with the Supplier Performance Evaluation Protocol, and includes both Interim and Final Performance Evaluation Reports. “Procurement” means the acquisition of Deliverables by purchase, rental, or lease. “Procurement Governance Committee” (“PGC”) means the committee established by the Town under the Procurement Policy for the purposes of considering and making determinations on procurement-related matters, including determinations under the Procurement Protest Protocol, and the Supplier Suspension Protocol. Page 63 of 82 Page 19 Town of Aurora Procurement Policy “Procurement Manager” means the individual officer or employee who is responsible for Procurement Services. “Procurement Plan” means the plan developed by a Department at the outset of an Invitational Competition or Open Competition in accordance with the Competitive Procurement Planning Protocol. “Procurement Services” means the branch, department, division, or unit responsible for purchasing Deliverables for the Town. “Procurement Value” means the maximum total value of the Deliverables being procured, and it must include all costs to the Town, including, as applicable, acquisition, maintenance, replacement, and disposal; training, delivery, and installation; and extension options, less applicable rebates or discounts and exclusive of sales taxes. “Purchase Order” means the Town’s written document issued by a duly authorized employee of the Town to a Supplier formalizing all the terms and conditions of the purchase and supply of the Deliverables identified on the face of the Purchase Order. “Purchasing Card” means a credit card provided by the Town to authorized officers and employees for use as a payment method to purchase directly from Suppliers where permitted under the Procurement Policy and in accordance with any cardholder agreement and applicable procedures. “Qualified Supplier Roster” means a list of Suppliers that have participated in and successfully met the requirements of a Request for Pre-Qualifications (“RFPQ”) and have therefore been prequalified to perform individual work assignments involving the delivery of a particular type of Deliverable. The Suppliers that qualify for inclusion on the Qualified Supplier Roster will enter into a Master Framework Agreement and will be eligible to participate in Roster Competitions, as and when the goods or services are required. “Request for Information” or “RFI” means a market research initiative for the collection of data for the purposes of future Procurement planning. “Roster Competition” means an expedited, invitational competition between Suppliers that have been included on a Qualified Supplier Roster for the selection of a Supplier to perform a discrete work assignment during the term of the roster. “Solicitation Document” means the document issued by the Town, or in the case of a piggyback Procurement by a government agency or public authority, to solicit Bids from Bidders. “Standing Offer” means a written offer from a pre-approved Supplier to supply Deliverables to the Town, upon request, through the use of an ordering process during a particular period of time, at a predetermined price or discount, generally within a predefined dollar limit. The Standing Offer does not create a contractual commitment Page 64 of 82 Town of Aurora Procurement Policy Page 20 from either party for a defined volume of business. The commitment to purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a Purchase Order to the Supplier. “Supplier” means a person carrying on the business of providing Deliverables. “Total Cumulative Increase” means the total value of all increases to the original Procurement Value, including the value of all previously approved amendments and the value of the proposed amendment. “Town” means The Corporation of the Town of Aurora. Page 65 of 82 Town of Aurora Procurement Policy Page 21 SCHEDULE B – EXCLUSIONS 1. Excluded Acquisitions and Expenditures (a) This policy does not apply to Contracts, agreements or costs related for the sale, purchase, lease, or licence of land or existing buildings. (b) This policy does not apply to the acquisition of the following Deliverables: i. services provided by licensed lawyers, notaries or forensic auditors; ii. services of expert witnesses or factual witnesses used in court or legal proceedings, including tribunal matters; iii. financial services including banking, merchant fees, brokerage, debt issuance, and investments; iv. insurance premiums and services, including insurance adjusters, and replacement purchases made as a result of an insurance claim; v. goods intended for resale to the public; vi. goods purchased on a commodity market; vii. works of art; and viii. subscriptions to newspapers, magazines, or other periodicals. (c) This policy does not apply to Contracts or agreements relating to hiring of employees or employee compensation, or memberships or dues, or reimbursement of employee expenses, or employee training, including conferences, courses, and seminars. (d) This policy does not apply to goods or services procured from a government entity or non-profit organization. Note: This exclusion does not apply to procurements that are covered by the Canada-European Union Comprehensive Economic and Trade Agreement (the “CETA”). (e) This policy does not apply with respect to competitive Procurement requirements, and in such cases Procurement can be conducted as a Non-Standard Procurement, when it can be demonstrated that the goods or services can be supplied only by a particular Supplier and no alternative or substitute exists for the following reason(s): i. there is an absence of competition for technical reasons; ii. patents, copyrights, or other exclusive rights must be protected. (f) This policy does not apply when the Procurement is for: i. goods or consulting services regarding matters of a confidential or privileged nature and the disclosure of those matters through an Open Competition could reasonably be expected to compromise government Page 66 of 82 Page 22 Town of Aurora Procurement Policy confidentiality, result in the waiver of privilege, cause economic disruption, or be contrary to the public interest; ii. a prototype or a first good or service to be developed in the course of and for a particular Contract for research, experiment, study, or original development, but not for any subsequent purchases; iii. goods available under exceptionally advantageous circumstances that arise only in the very short term, such as resale of used equipment, liquidation, bankruptcy, or receivership; iv. a Contract to be awarded to the winner of a design contest and the contest was organized in a fair and transparent manner and was advertised by publicly posted notice and participants were judged by an independent jury; v. The Procurement is being conducted on behalf of an entity that is not covered by the Procurement Policy. (g) This policy does not apply with respect to competitive Procurement requirements when unforeseeable events have resulted in a situation where extreme urgency exists and the goods or services could not be obtained in time through an Open Competition. In such cases, the Procurement may be conducted as a Non- Standard Procurement. Note: The Department Lead must clearly identify and explain the unforeseeable events that brought about the urgency. Failure to plan for and proceed with a Procurement in a timely manner will not be considered a valid reason for a Non-Standard Procurement. (h) This policy does not apply with respect to competitive Procurement requirements when the Procurement Value is below the Open Competition Threshold and it is in the best interests of the Town to proceed with a Non-Standard Procurement. In such cases, the Procurement may be conducted as a Non-Standard Procurement. Note: The Department Lead must clearly explain why it is in the Town’s best interest to proceed with a Non-Standard Procurement rather than an Invitational Competition. (i) This policy does not apply with respect to competitive Procurement requirements when the Procurement is otherwise exempt from Open Competition requirements under all applicable trade agreements, and it is in the best interests of the Town to proceed with a Non-Standard Procurement. In such cases, the Procurement may be conducted as a Non-Standard Procurement. Note: The Department Lead must indicate the specific section(s) of the applicable trade agreements that provide for the exemption and clearly explain why it is in the Town’s best interest to proceed with a Non-Standard Procurement rather than an Open Competition. Page 67 of 82 Page 23 Town of Aurora Procurement Policy (j) This policy does not apply to payment of the Town’s general expenses, such as: i. Taxes including Harmonized Sales Tax (HST), remittance of property taxes and development charges to school boards and York Region ii. Debt repayment and sinking fund contributions iii. Costs related to employee training, development and recruitment in accordance with Town policies iv. Grants to agencies in accordance with Town policies v. Postage and courier services vi. Utility charges for consumption and acquisition of water, sewer, electricity, natural gas vii. Utility relocation and construction costs relating to a capital project viii. Town sponsored employee purchase programs ix. Employment agencies for temporary employment contracts x. Appraisal fees xi. Arbitrator, mediator and other similar professionals xii. Suppliers and entertainers for special events and programs xiii. Goods, services or construction where 100 percent of the total cost is funded by a third party 2. Approval and Payment of Excluded Acquisitions and Expenditures The approval and payment of excluded items is to be completed in accordance with the Town’s financial authority registry. Page 68 of 82 Page 24 Town of Aurora Procurement Policy SCHEDULE C – PROCUREMENT THRESHOLDS Table 1 – Procurement Thresholds Low-Value Procurements Below $25,000 Mid-Value Procurements (Invitational Competition) $25,000 to less than $50,000 Open Competition $50,000 and over Page 69 of 82 Page 25 Town of Aurora Procurement Policy SCHEDULE D – THRESHOLD AND AUTHORIZATION SCHEDULE A. STANDARD PROCUREMENT Table 1 – Table of Authority Procurement Method and Threshold Authorized to Initiate Procurement Delegated Authority to Award* Contract Requirement Order from Existing Standing Offer Department Head Division Manager Use existing contract from standing offer if available Contract approved based on Financial Authority Roster Competition Less than $50,000 Department Head Division Manager Use existing contract from roster if available Contract approved based on Financial Authority Roster Competition $50,000 and over Department Head Division Manager and Procurement Manager Use existing contract from roster if available Contract approved based on Financial Authority Low-Value Procurement Below $25,000 Department Head or designate Division Manager None required Mid-Value Procurement (Invitational Competition) $25,000 to <$50,000 Department Head Division Manager Required only for construction procurements over $25,000 in a form approved by Legal Services Contract approved based on Financial Open Competition < $1M Department Head Division Manager and Procurement Manager Required for all procurements in a form approved by Legal Services Page 70 of 82 Page 26 Town of Aurora Procurement Policy Procurement Method and Threshold Authorized to Initiate Procurement Delegated Authority to Award* Contract Requirement Contract approved based on Financial Authority Open Competition ≥ $1M Department Head Division Manager and Procurement Manager Required for all procurements in a form approved by Legal Services Contract approved by the CAO * The Ability to award is contingent on the individual having the Financial Authority to do so. 1. Authorization Process a) The Department Lead completes the Procurement Authorization Form and submits it to the Department Head. b) The Department Head reviews and approves the Procurement Authorization Form. c) If a Contract is required and less than $1 million dollars, then it must be in a form approved by Legal Services and signed by an individual in the Department with the appropriate Financial Authority. If the contract required is equal to or greater than $1 million dollars, then the Contract must be in a form approved by Legal Services and approved by the CAO. d) No Procurement may be authorized unless sufficient funding is available in an approved budget, unless authorized by Council. 2. Delegated Authority to Procure The delegation of authority to procure includes the authority to: a) conduct the Procurement process in accordance with this policy and applicable protocols; b) approve the Procurement document(s) for a Competitive Process; c) approve the selection of qualified Bidders in a multi-stage Open Competition; d) approve the establishment of qualified Supplier rosters in an Open Framework Competition; and e) approved the award of the Contract. Page 71 of 82 Page 27 Town of Aurora Procurement Policy 3. Conditions of Delegated Authority to Procure Delegated authority to procure is subject to the following conditions: a) No Procurement may be initiated unless approved budget funding in an amount sufficient to cover the Procurement Value is available. b) In the case of a multi-stage Open Competition or an Open Framework Competition, qualified Bidders are selected in accordance with the evaluation and selection process set out in the Solicitation Document. c) No Contract award may be approved unless: i. sufficient funding is available in an approved budget; ii. the Procurement process was conducted through the standard Procurement method, as determined in accordance with this policy; iii. the Procurement process was conducted in accordance with this policy and all applicable protocols; and iv. in the case of a Competitive Process, the Contract is awarded to the top-ranked Bidder, as determined in accordance with the evaluation and selection process set out in the Solicitation Document. Where the authority to procure is delegated to multiple individuals, all those individuals must be satisfied that the above conditions of delegated authority are met. 4. Council Authority If any of the applicable conditions of delegated authority are not met, Council approval must be obtained before proceeding with any Procurement activity. B. NON-STANDARD PROCUREMENT Table 2 – Table of Authority Procurement Value Authorize Procurement Delegated Authority to Procure < Open Competition Threshold Department Head Department Lead ≥ Open Competition Threshold and < $100K CAO Department Head $100K < $250K PGC Department Head $250K and over Council Department Head Page 72 of 82 Page 28 Town of Aurora Procurement Policy 1. Authorization Process a) The Department Lead completes the Non-Standard Procurement Authorization Form and submits it to the Department Head. b) The Department Head reviews and approves the Non-Standard Procurement Authorization Form. c) If the Procurement Value is less than the applicable Open Competition Threshold, the Department Head may authorize the Procurement and delegate the authority to procure to the Department Lead. d) If the Procurement Value is equal to or greater than the applicable Open Competition Threshold but less than $100,000, the Department Head submits the Non-Standard Procurement Authorization Form to the CAO. e) If the Procurement Value is equal to or greater than $100,000 but less than $250,000, the PGC may authorize the Procurement and delegate the authority to procure to the Department Head. f) If the Procurement Value is equal to or greater than $250,000, the Department Head submits a report to Council for authority to proceed with the procurement. Council may authorize the Procurement and delegate the authority to procure to the Department Head. g) No Procurement may be authorized unless sufficient funding is available in an approved budget, unless authorized by Council. 2. Delegated Authority to Procure In the case of a Non-Standard Procurement, the delegation of authority to procure includes the authority to negotiate and finalize the Contract with the selected Supplier. Contract requirements follow the same thresholds as standard Procurements. No Contract may be finalized unless sufficient funding is available in an approved budget and is approved by Legal Services. Page 73 of 82 Page 29 Town of Aurora Procurement Policy C. CONTRACT ISSUANCE OR EXECUTION 1. Authorized Signatories The Procurement Manager has delegated authority to issue Purchase Orders on behalf of the Town. The following individuals have delegated authority to execute legal agreements on behalf of the Town: Table 3 – Authorized Signatories Procurement Value Authorized Signatory < $1M Department Head or delegate, in accordance with Financial Authority ≥ $1M CAO Note: All contracts shall be reviewed by Legal Services prior to signing. 2. Review and Execution Process a) In accordance with the delegated authority to procure, the authorized individual(s): i. approves the award of the Contract; ii. confirms all pre-conditions of award are met; and iii. assembles all Contract documents and provides the Contract documents to Legal Services for review. b) If an agreement is to be signed, Legal Services reviews and approves the agreement for signature and the agreement is sent to the Authorized Signatory. c) The agreement is signed by the Authorized Signatory. 3. Pre-Approval of Standard Term Contracts Legal Services may approve standard term Contract documents, including Purchase Order terms, standard forms of agreement, and supplementary terms and conditions for use in specified circumstances and subject to established conditions. Page 74 of 82 Town of Aurora Procurement Policy Page 30 D. CONTRACT AMENDMENTS Table 4 – Table of Authority if Total Cumulative Increase is Less Than 20% of Original Procurement Value Total Cumulative Increase Authorize Amendment < $50,000 Department Head ≥ $50,000 CAO Table 5 – Table of Authority if Total Cumulative Increase is Equal to or More Than 20% of Original Procurement Value Total Cumulative Increase Authorize Amendment < $250,000 Chief Administrative Officer ≥ $250,000 Council Total Cumulative Increase means the total value of all increases to the original Procurement Value, including the value of all previously approved amendments and the value of the proposed amendment. 1. Authorization Process a) The Contract Administrator completes the Contract Amendment Authorization Form. b) If the Procurement Value is less than the applicable Open Competition Threshold, the Contract Administrator obtains the appropriate authority based on the above tables. If the amendment must be authorized by the Department Head or CAO, the Contract Amendment Authorization Form must first be approved by the Department Head when CAO approval is required. c) If the Total Cumulative Increase is equal to or greater than the applicable Open Competition Threshold, the Contract amendment must be treated as a Non-Standard Procurement and the Contract Amendment Authorization Form must be reviewed by the PGC. The PGC reviews and addresses any concerns with the Department Head. Once any concerns have been resolved or noted on the Contract Amendment Authorization Form, the Form shall be submitted to the CAO based on Table 4 above and if the increase is more than 20% of the original value, the Department Head shall seek approval from Council in a report in accordance with the authority in Table 5 above. d) No Contract amendment may be authorized unless sufficient funding is available in an approved budget, unless authorized by Council. Page 75 of 82 Town of Aurora Procurement Policy Page 31 SCHEDULE E – SUPPLIER CODE OF CONDUCT The Town requires its Suppliers to act with integrity and conduct business in an ethical manner. The Town may refuse to do business with any Supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage, or fails to adhere to ethical business practices. Suppliers are responsible for ensuring that any employees, representatives, agents, or subcontractors acting on their behalf conduct themselves in accordance with this Supplier Code of Conduct. The Town may require the immediate removal and replacement of any individual or entity acting on behalf of a Supplier that conducts themselves in a manner inconsistent with this Supplier Code of Conduct. The Town may refuse to do business with any Supplier that is unwilling or unable to comply with such requirement. A. ILLEGAL OR UNETHICAL BIDDING PRACTICES Illegal or unethical bidding practices include: a) bid-rigging, price-fixing, bribery or collusion, or other behaviours or practices prohibited by federal or provincial statutes; b) offering gifts or favours to the Town’s officers, employees, appointed or elected officials, or any other representative of the Town; c) engaging in any prohibited communications during a Procurement process; d) submitting inaccurate or misleading information in a Procurement process; and e) engaging in any other activity that compromises the Town’s ability to run a fair Procurement process. The Town will report any suspected cases of collusion, bid-rigging, or other offences under the Competition Act to the Competition Bureau or to other relevant authorities. B. CONFLICTS OF INTEREST All Suppliers participating in a Procurement process must declare any perceived, possible, or actual conflicts of interest. The term “conflict of interest,” when applied to Suppliers, includes any situation or circumstance where: a) in the context of a Procurement process, the Supplier has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to: Page 76 of 82 Town of Aurora Procurement Policy Page 32 i. having, or having access to, confidential information of the Town that is not available to other Suppliers; ii. having been involved in the development of the Procurement document, including having provided advice or assistance in the development of the Procurement document; iii. receiving advice or assistance in the preparation of its response from any individual or entity that was involved in the development of the Procurement document; iv. communicating with any person with a view to influencing preferred treatment in the Procurement process (including but not limited to the lobbying of decision-makers involved in the Procurement process); or v. engaging in conduct that compromises, or could be seen to compromise, the integrity of an open and competitive Procurement process or render that process non-competitive or unfair; or b) in the context of performance under a potential Contract, the Supplier’s other commitments, relationships, or financial interests: i. could, or could be seen to, exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgment; or ii. could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations. Where a Supplier is retained to participate in the development of a Solicitation Document or the specifications for inclusion in a Solicitation Document, that Supplier will not be allowed to respond, directly or indirectly, to that Solicitation Document. C. ETHICAL BUSINESS PRACTICES In providing Deliverables to the Town, Suppliers are expected to adhere to ethical business practices, including: a) performing all Contracts in a professional and competent manner and in accordance with the terms and conditions of the Contract and the duty of honest performance; b) complying with all applicable laws, including safety and labour codes (both domestic and international as may be applicable); and c) providing workplaces that are free from harassment and discrimination. Page 77 of 82 The Corporation of the Town of Aurora By-law Number XXXX-22 Being a By-law to amend By-law Number 6000-17, as amended, respecting the lands municipally known as 306 St. Johns Sideroad West (File No. ZBA-2021-02). Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), zoning by-laws may be passed by the councils of local municipalities to prohibit and regulate the use of land, buildings and structures; And whereas on June 27, 2017, the Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number 6000-17 (the “Zoning By-law”), which Zoning By-law was appealed to the Ontario Municipal Board (the “OMB”); And whereas on January 29, 2018, the OMB made an order, in accordance with subsection 34(31) of the Planning Act, providing that any part of the Zoning By-law not in issue in the appeal shall be deemed to have come into force on the day the Zoning By-law was passed; And whereas the OMB and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a reference to the Tribunal; And whereas the Council of the Town deems it necessary and expedient to further amend the Zoning By-law; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. The Zoning By-law be and is hereby amended to replace the “Oak Ridges Moraine - Rural (RU-ORM) Zone” zoning categories applying to the lands shown on Schedule “A” attached hereto and forming part of this By-law with “Institutional Exception (I-X) Zone”; 2. The Zoning By-law be and is hereby amended to add the following: Parent Zone: I Exception No. (543) Map: Schedule “A” Map No. 2 Previous Zone: RU-ORM Municipal Address: 306 St. Johns Sideroad Legal Description: Part of Lot 86, Concession 1 24.X.1 Permitted Uses • Athletic Fields • Day Care Centres • Museum • Place of Worship (1) • Recreation Centre Page 78 of 82 ___________________________________ ___________________________________ By-law Number XXXX-22 Page 2 of 4 • School, Private (1)(2) • Place of Entertainment 24.X.1.1 Notes (1) A Dwelling unit may be permitted as an accessory use and shall be in accordance with Section 7.2 with respect to height and yard requirements for the R3 Zone. (2) Dormitories may be permitted as an accessory use. 24.X.2 Zone Requirements Minimum Lot Area 460m2 Minimum Lot Frontage 15m Minimum Front Yard (East) 10m Minimum Rear Yard (West) 0m Minimum Side Yard (South) 2.0m Minimum Side Yard (North) 10m Maximum Building Height 15.0m Maximum Building Coverage 35% 24.X.2.1 Notes (1) Notwithstanding the minimum setbacks, a minimum setback for an accessory structure shall be 1m. 3. This By-law shall come into full force subject to compliance with the provisions of the Planning Act and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. Enacted by Town of Aurora Council this 22nd day of February, 2022. Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 79 of 82 By-law Number XXXX-22 Page 3 of 4 Explanatory Note Re: Zoning By-law Number XXXX-22 By-law Number XXXX-22 has the following purpose and effect: To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the Town of Aurora, to rezone the subject site from “Oak Ridges Moraine - Rural (RU-ORM) Zone” to “Institutional Exception (I-543) Zone” to permit the development of a private school. Page 80 of 82 By-law Number XXXX-22 Page 4 of 4 Schedule “A” Location: Part of Lot 86, Concession 1, Town of Aurora, Regional Municipality of York Page 81 of 82 The Corporation of The Town of Aurora By-law Number XXXX-22 Being a By-law to confirm actions by Council resulting from a Council meeting on February 22, 2022. The Council of the Corporation of The Town of Aurora hereby enacts as follows: 1. That the actions by Council at its Council meeting held on February 22, 2022, in respect of each motion, resolution and other action passed and taken by the Council at the said meeting is hereby adopted, ratified and confirmed. 2. That the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. Enacted by Town of Aurora Council this 22nd day of February, 2022. Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 82 of 82