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AGENDA - Council - 20111122PUBLIC RELEASE November 18, 2011 TOWN OF AURORA COUNCIL MEETING AGENDA Tuesday, November 22, 2011 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. III ADOPTION OF MINUTES Council Minutes of November 8, 2011 pg. 1 RECOMMENDED: THAT the Council minutes of November 8, 2011 be adopted as printed and circulated. IV PRESENTATIONS (a) Nicole Williams, Sponsorship and Special Events pg. 7 Re: Platinum Sponsor Recognition V PUBLIC SERVICE ANNOUNCEMENTS VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Council Meeting Agenda Tuesday, November 22, 2011 Page 2 of 5 VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION VIII DELEGATIONS IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION X NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i) Notices of Motion (a) Councillor Thompson pg. 29 Re: Consideration of Pilot Rain Water Harvesting for the Aurora Family Leisure Complex and Town Hall (b) Councillor Buck pg. 30 Re: Canadian Flag Flying in Disrepair (c) Councillor Thompson pg. 31 Re: Public Planning Meeting Notification Process (ii) Motions for Which Notice Has Been Given (a) Councillor Abel pg. 32 Re: Noise By-law XI REGIONAL REPORT XII NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS XIII CLOSED SESSION XIV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given first, second, and third readings and enacted: Council Meeting Agenda Tuesday, November 22, 2011 Page 3 of 5 5330-11 BEING A BY-LAW to govern the procedures pg. 33 of The Council of the Corporation of the Town of Aurora and its Committees and Boards. (Report CLS11-013 – Council – Sept. 27, 2011) 5365-11 BEING A BY-LAW to delegate certain pg.59 assigned Council authority under the Ontario Heritage Act regarding the power to consent to alterations of designated heritage properties. (Report PL11-052 – GC – Nov. 1, 2011) 5373-11 BEING A BY-LAW to prohibit and regulate the pg. 62 sale and setting off of fireworks in the Town of Aurora. (Report BBS11-009 – GC – Nov. 1, 2011) 5381-11 BEING A BY-LAW to amend Parking By-law pg. 67 Number 4574-04.T, as amended, with respect to parking on Cosford Street. 5382-11 BEING A BY-LAW to establish lands as pg. 68 Highways (Gateway Drive). 5383-11 BEING A BY-LAW to acquire lands for pg. 69 municipal purposes (Minto Communities Inc.). (Report CAO11-019 – Council – Nov. 8, 2011) THAT the following listed confirming by-law be given first, second, and third readings and enacted: 5384-11 BEING A BY-LAW to Confirm Actions by pg. 71 Council Resulting from Council Meeting 11-33 on November 22, 2011 XV ADJOURNMENT Council Meeting Agenda Tuesday, November 22, 2011 Page 4 of 5 AGENDA ITEMS 1. General Committee Meeting Report of November 15, 2011 pg. 8 RECOMMENDED: THAT the General Committee meeting report of November 15, 2011 be received and the recommendations carried by the Committee be approved. 2. Special General Committee Meeting Report pg. 13 Budget Overview & Public Consultation dated November 7, 2011 RECOMMENDED: THAT the Special General Committee meeting report – Budget Overview & Public Consultation dated November 7, 2011 be received for information. 3. Special General Committee Meeting Report pg. 16 Capital Budget & Public Consultation dated November 14, 2011 RECOMMENDED: THAT the Special General Committee meeting report – Capital Budget & Public Consultation dated November 14, 2011 be received for information. 4. CLS11-023 – General Committee Closed Session Report dated pg. 25 November 15, 2011 RECOMMENDED: THAT the confidential recommendation of the General Committee Closed Session of November 15, 2011 be adopted including the following: 1. THAT report PR11-047 be received; and 2. THAT Council direct staff to prepare a report regarding a Recreational License Agreement with the Minister of Infrastructure; and Council Meeting Agenda Tuesday, November 22, 2011 Page 5 of 5 3. THAT Council receive the update on St. Maximilian Artificial Turf Field as information; and 4. THAT Council authorize staff to negotiate an agreement with Timberlane Athletic Club for the provision of Indoor Tennis. 5. Memorandum from the Chief Administrative Officer pg. 27 Re: SARC Solar Project RECOMMENDED: THAT the memorandum related to the SARC Solar project be received for information. 6. Memorandum from the Director of Customer and Legislative pg. 28 Services/Town Clerk Re: Council’s Procedural By-law RECOMMENDED: THAT the Council Code of Ethics be deleted from Council’s Procedural By-law and be re-enacted by a separate by-law. ADDITIONAL ITEMS FOR COUNCIL MEETING Tuesday, November 22, 2011 New Delegation (a) Pat Runnings, Resident Re: Motion for Which Notice Has Been Given (a) Councillor Abel Re: Noise By-law ➢ Replacement Page 5 to Item 1 Re: General Committee Meeting Report of November 15, 2011 ➢ New By-law 5387-11 Re: Code of Ethics for Members of Council Customer and Legislative Services 905-727-3123 cou nci Isecretariatstaff@a u rora. ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G6J1 Requests for delegation status, any written submissions and background information for consideration by Council or Committees of Council must be submitted to the Clerk's office by 4.30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING. PLEASE PRINT COUNCILICOIV MITTEE/ADVISORY COMMITTEE DATE: Nov. 22 2011 SUBJECT: Noise Bylaw Update NAME Pat Runnings TownIcfty Postal Code Supporting the motion to amend the Noise bylaws 4 r: : Ga muni7 AURORA yow,-&is�Goodczy MEMORANDUM Date: November 22, 2011 To: Mayor Dawe and Members of Council From: Patty Thoma, Council/Committee Secretary Customer and Legislative Services Re: General Committee Meeting Report of November 15, 2011 RECOMMENDATION: THAT Council receive the replacement page 5 of the General Committee meeting report of November 15. 2011. COMMENTS: The General Committee meeting report of November 15, 2011 page 5 is being replaced due to the following error under New Business: Councillor Buck thanked the Chief Administrative Officer for providing information to Council regarding the lease at 215Industrial Parkway South and asked that a report be brought to a public agenda. General Committee Meeting Report Tuesday, November 15, 2011 Page 5 of 5 Vill NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor Pirri noted the many warm upper lips thanks to the moustaches being worn by supporters of Movember. Councillor Gaertner raised the issue of signs asking people to stay off the playing fields to protect them during bad weather. Councillors Thompson, Buck and Gallo noted that there should be stronger communication with the School Board and their use of Town parks. Councillor Buck thanked the Chief Administrative Officer for providing information to Council regarding the lease at 215 Industrial Parkway South and asked that a report be brought to a public agenda. Councillor Gaertner asked the Manager of By-law Services for comment on the current Noise By-law. ►X CLOSED SESSION General Committee recommends: THAT General Committee resolve into a Closed Session to consider the following matters: ➢ A proposed or pending acquisition or disposition of land by the municipality or local board; Re: PR11-047 — Parkland Acquisition Strategy CARRIED X ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 8:39 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE REPORT OF THE GENERAL COMMITTEE MEETING OF NOVEMBER 15, 2011 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON NOVEMBER 22, 2011. THE CORPORATION OF THE TOWN OF AURORA By-law Number 5387-11 BEING A BY-LAW to adopt a Code of Ethics for Members of Council. WHEREAS paragraph 2 of subsection 11(2) of the Municipal Act 2001, R.S.O. 2001, c. 25, as amended, provides that a lower -tier municipality may pass by-laws respecting the accountability and transparency of the municipality and its operations and of its local boards and their operations; AND WHEREAS on August 22, 2006, the Council of The Corporation of the Town of Aurora (the "Council") enacted Procedural By-law Number 4835-06.C, which included a Code of Ethics for Members of Council as Schedule "B"; AND WHEREAS on November 22, 2011, the Council repealed Procedural By-law Number 4835-06.C, which eliminated the Code of Ethics for Members of Council; AND WHEREAS the Council has deemed it necessary and expedient to formally adopt the previously enacted Code of Ethics for Members of Council as a separate By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the Code of Ethics attached hereto as Schedule "A" to this By-law be and is hereby adopted and shall govern over Members of Council. 2. THAT this By-law shall come into full force and effect on the date of final passage hereof. READ A FIRSTAND SECOND TIME THIS 22nd DAY OF NOVEMBER, 2011. READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF NOVEMBER, 2011. GEOFFREY DAWE; MAYOR JOHN D. LEACH, TOWN CLERK "toF m s yNov. 22� 'Loll By-law Number 5387-11 Page 2 of 4 Schedule "A" to By-law Number 5387-1.1 Town of Aurora CODE OF ETHICS for Members of Council The Town of Aurora's Members of Council fundamentally understand that: (a) The proper operation of. democratic and representative municipal government requires that they be independent, impartial and responsible to the people; (b) There are open and proper channels for decision making and approval of policy; (c) Conflicts between private interests and public responsibilities are unacceptable and must be avoided; and (d) As leaders of the community, they are held to a higher standard of behaviour and conduct. Although areas of ethical exposure are generally consistent and understood in municipal governance, the following areas and guidelines have been specifically identified in our community, as being paramount to the municipal political process: 1: Roles and Obligations 2. Use of Information 3. Communications and Media Relations 4. Relationships with Staff and Other Members of Council 5. Gifts and Benefits 6. Conflicts of Interest 7. Use of Property 8. Transparency and Openness in Decision Making 9.> Public Input 10. Professional Development Accordingly, this document will provide a guideline for elected officials in exercising their policy making role having regard to the statements and ideals as enunciated hereunder. 1. Roles and Obligations Council Members recognize their mandate incorporates tasks to include: Fairly representing the diversity of community views in developing an overall strategy for the future of our Town; • Setting objectives -and determining strategies to achieve Council's Corporate objectives in the Strategic Plan; Achieving sound financial management, planning and accountability; and I Being aware of and conversant with the statutory obligations imposed on Council as a whole,. as well as each individual Member of Council. 2. Use of Information In their decision -making process, Members of Council are sometimes privy to information which may be confidential or controversial such as, but not limited. to "In Camera" meetings. It is expected that they will: • Use "insider" information appropriately, so as not to be used to their personal advantage; • Use confidential information appropriately so as not to cause detriment or benefit to others; • Respect the status of confidential (personnel, legal, . property acquisition) information until the matter ceases to be confidential as determined by Council; By-law Number 5367-11 Page 3 of 4 • Understand that they enjoy the same access rights to municipal information as any other member of the community, unless it is specifically relevant to a matter before the Council; and • Only release information according to the provisions of the Municipal Freedom of Information and Protection of Individual Privacy Act, R.S.O. 1990, c. M.56, as amended from time to time. 3. Communications and Media Relations Members of Council will accurately and adequately communicate the attitudes and decisions of Aurora's Council, even if they disagree with a majority decision of Council so that: • There is respect for the decision -making processes of Council; • Official information related to decisions and resolutions made by Council will normally be communicated in the first instance to the community and the media in an official capacity by the Mayor or designate; • Information concerning adopted policies, procedures and decisions of the Council is conveyed openly and accurately; and • Confidential information will be communicated only when and after determined by Council. 4. Relationships with Staff and Other Members of Council Members of Council will: • Read and respect the guidelines contained in the "Complimentary Roles and Responsibilities of Council and the Administration" document; • Acknowledge that only Council as a whole has the capacity to direct staff members to carry out specific tasks or functions; • Refrain from using their position to improperly influence members of staff in their duties or functions or to gain an advantage for themselves or others; and • Refrain from publicly criticizing individual members of staff in a way that casts aspersions on their professional competence and credibility. S. Gifts and Benefits Members of Council will only: • Accept gifts, hospitality or entertainment of a nominal value that could not be reasonably construed as being given in anticipation or recognition of special consideration by the town. • Accept hospitality or entertainment if the offer is infrequent (less than 2 or 3 times a year) and appropriate to the occasion. In these circumstances, it is assumed ,that the nature of the business discussed is important enough to the Town that reciprocal arrangements should openly be made and charged to the Town. Members of Council will: • Acknowledge that the Mayor will in his/her role, periodically receive and distribute ceremonial or other similar items. 6. Conflicts of Interest Members of Council will recognize their obligations to: • Follow and respect both ther letter and spirit of the provisions of the Municipal Act and the Municipal Conflict of Interest Act R.S.O. 1990, c. M.50, as amended from time to time. By-law Number 6387-11 7. Use of Property, Members of Council will: Page 4 of 4 Only use Town property, equipment, supplies or services of consequence, for activities connected with the discharge of official duties or associated community activities having the sanction of Council or its Committees. 8. Transparency and Openness in Decision Makina Members of Council will endeavour to: • Conduct and convey Council business in an open and public manner (other than for those decisions of a personnel, legal or property acquisition matter) so that stakeholders can obtain the process, logic and rationale which were used to reach conclusions or decisions. 9. Public Input Council will periodically use formal and informal opportunities to seek public input as a component of the decision -making process which have broad impacts on the community. The purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions and advice so that the widest range of views and information is available before final decisions are made. 10. Professional Development Members of Council have an obligation to promote, support, pursue and partake in opportunities for professional development, including but not limited to: • AMO Conference; • Ministry of Municipal Affairs and Housing seminars; • Provincial Professional Association Training Institutes (OGRA, AMCTO, PRO, aid.); and • Provincial Municipal Council orientation sessions. Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. At the beginning of each term, Members of Council will be expected to sign two (2) copies of the Code of Ethics Document (one (1) for themselves and one (1) for the Clerk's Office) to convey to each other and all stakeholders that they have read, understand and accept it. • A Code of Ethics component will be included as part of the orientation workshop for each new Council • Council Members are expected to formally and informally review their adherence to the provisions of the Code on a regular basis or when so requested by Council.