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AGENDA - General Committee - 20240220Town of Aurora General Committee Meeting Revised Agenda Date:Tuesday, February 20, 2024 Time:7 p.m. Location:Council Chambers, Aurora Town Hall Meetings are available to the public in person and via live stream on the Town’s YouTube channel. To participate, please visit aurora.ca/participation. Pages 1.Call to Order Councillor Thompson in the Chair. 2.Land Acknowledgement 3.Approval of the Agenda 4.Declarations of Pecuniary Interest and General Nature Thereof 5.Community Presentations 6.Delegations 7.Consent Agenda *7.1 Special Council Closed Session Public Meeting Minutes of January 22, 2024 1 (Referred from Council meeting of January 30, 2024) That the Special Council Closed Session Public Meeting Minutes of January 22, 2024, be adopted as circulated. 1. 8.Advisory Committee Meeting Minutes 8.1 Accessibility Advisory Committee Meeting Minutes of January 10, 2024 That the Accessibility Advisory Committee Meeting Minutes of January 10, 2024, be received for information. 1. 9.Consideration of Items Requiring Discussion (Regular Agenda) 9.1 PDS24-021 - Aurora Business Improvement Area Governance Review and Downtown Collaboration Model Alternatives 4 That Report No. PDS24-021 be received; and1. That staff be directed to implement Alternative 1, as described herein, that a by-law be brought forward to a future Council meeting to repeal BIA Designation By-law No. 6128-18 and any amending by-laws, thereby dissolving the Aurora Business Improvement Area; and 2. That staff be directed to perform all necessary administrative functions to conclude the business of the Aurora BIA, and assume their assets and liabilities in accordance with section 214 of the Municipal Act, 2001, as amended; and a. That the Aurora Economic Development Corporation be requested to incorporate the functions of the BIA into their economic development services; and b. That staff lead the development and implementation of a business engagement strategy for the Downtown area, and report back to a future meeting of Council. c. 9.2 CS24-005 - Dissolution of General Committee and Establishment of Committee of the Whole 31 That Report No. CS24-005 be received; and1. That the draft Procedure By-law (Attachment No. 2) be brought forward for enactment and replace the existing by-law. 2. 9.3 FIN24-009 - ONE Joint Investment Board (JIB) Agreement Amendment and By-law 126 That Report No. FIN24-009 be received; and1. That a by-law be enacted to approve the following:2. an increase in the maximum number of ONE Joint Investment Board (JIB) members from 10 to 12; and a. the ONE JIB Records Retention By-law and the delegation to ONE JIB’s Secretary of the necessary powers and duties to deal with the records of ONE JIB; and b. changes to the amendment provisions of the ONE JIB Agreement. c. 9.4 CMS24-005 - Petch House - Considerations 136 That Report No. CMS24-005 be received; and1. That the proposed renovations of the Petch House be approved; and 2. That a new capital project with capital budget authority of $50,000 be approved, to be funded from the Heritage reserve fund. 3. 10.Member Motions 10.1 Mayor Mrakas; Re: Request for Amenity Sharing Memorandum of Understanding (MOU) with School Boards for Evening/Weekend Gymnasium Use 143 10.2 Councillor Gilliland; Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement 145 *10.3 Councillor Gallo; Re: Windrow Program and Council Compensation 147 11.Regional Report 11.1 York Regional Council Highlights of January 25, 2024 148 That the York Regional Council Highlights of January 25, 2024, be received for information. 1. 12.New Business 13.Public Service Announcements 14.Closed Session 15.Adjournment Town of Aurora Special Council Closed Session Public Meeting Minutes Date: Time: Location: Monday, January 22, 2024 5:45 p.m. Holland Room, Aurora Town Hall Council Members: Mayor Tom Mrakas (Chair) Councillor Ron Weese Councillor Rachel Gilliland* Councillor Wendy Gaertner Councillor Michael Thompson Councillor John Gallo Councillor Harold Kim Other Attendees: Doug Nadorozny, Chief Administrative Officer Patricia De Sario, Director, Corporate Services/Town Solicitor Marco Ramunno, Director, Planning and Development Services Andrew Biggart, External Legal Counsel *Attended Virtually 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 5:49 p.m. Council reconvened into open session at 6:43 p.m. 2. Approval of the Agenda Moved by Councillor Weese Seconded by Councillor Gallo That the agenda as circulated by Legislative Services be approved. Carried Page 1 of 154 Special Council Closed Session Public Meeting Minutes Monday, January 22, 2024 2 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 Weese That Council resolve into a Closed Session to consider the following matter: 1. Council Closed Session Report No. CS24-003 - Appeals of Official Plan and Zoning By-law Amendment Applications, 1289 Wellington Street East(OPA- 2022-02 and ZBA-2022-02) – Settlement Offer Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per Section 239(2)(e) of the Municipal Act, 2001. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose as per Section 239(2)(f) of the Municipal Act, 2001. 4.1 Council Closed Session Report No. CS24-003 - Appeals of Official Plan and Zoning By-law Amendment Applications, 1289 Wellington Street East (OPA- 2022-02 and ZBA-2022-02) – Settlement Offer Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per Section 239(2)(e) of the Municipal Act, 2001. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose as per Section 239(2)(f) of the Municipal Act, 2001. Moved by Councillor Thompson Seconded by Councillor Gaertner 1. That Council Closed Session Report No. CS24-003 be received for information. Page 2 of 154 Special Council Closed Session Public Meeting Minutes Monday, January 22, 2024 3 Yeas (4): Mayor Mrakas, Councillor Gaertner, Councillor Thompson, and Councillor Kim Nays (3): Councillor Weese, Councillor Gilliland, and Councillor Gallo Carried (4 to 3) 5. Confirming By-law 5.1 By-law Number 6576-24 Being a By-law to confirm actions by Council resulting from a Special Council Closed Session on January 22, 2024 Moved by Councillor Thompson Seconded by Councillor Gallo That the confirming by-law be enacted. Carried 6. Adjournment Moved by Councillor Kim Seconded by Councillor Gallo That the meeting be adjourned at 6:50 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 3 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 2 4 -0 21 Subject: Aurora Business Improvement Area Governance Review and Downtown Collaboration Model Alternatives Prepared by: Lisa Hausz, Manager, Economic Development Department: Planning and Development Services Date: February 20, 2024 Recommendation 1. That Report No. PDS24-021 be received; and 2. That staff be directed to implement Alternative 1, as described herein, that a by-law be brought forward to a future Council meeting to repeal BIA Designation By-law No. 6128-18 and any amending by-laws, thereby dissolving the Aurora Business Improvement Area; and a. That staff be directed to perform all necessary administrative functions to conclude the business of the Aurora BIA, and assume their assets and liabilities in accordance with section 214 of the Municipal Act, 2001, as amended; and b. That the Aurora Economic Development Corporation be requested to incorporate the functions of the BIA into their economic development services; and c. That staff lead the development and implementation of a business engagement strategy for the Downtown area, and report back to a future meeting of Council. Executive Summary With Council’s focus and strategic initiatives to revitalize the downtown area, staff were directed by way of a Council Motion on November 28, 2023 to review the Aurora Business Improvement Area (the “BIA”) governance model. Further, staff were to report Page 4 of 154 February 20, 2024 2 of 14 Report No. PDS24-021 back on alternatives to ensure an effective and collaborative approach to supporting the entire downtown area. This report seeks Council’s direction on an alternative model to the Aurora BIA model as a local board of Council, and recommends that the Aurora Economic Development Corporation assume the BIA role responsibilities into its economic development services program on behalf of the Town. The Aurora BIA was initially designed and implemented, under the Municipal Act, 2001, as amended (the “Act”), to provide local business-to-business support in the downtown. The efforts to establish the Aurora BIA are noted and the intentions of the volunteer board are to be commended, as it takes a great deal of time and effort to form a business improvement area and there is desire to see the BIA thrive. However, under the current governance model, there is potential risk, duplication of efforts and extraordinary use of town resources. A different model to support the entire downtown area needs to be explored as directed by Council.  In 2016, Council approved a study to determine the feasibility of establishing a Business Improvement Area (BIA) (previous report- CAO16-001).  The Aurora BIA’s performance under the current governance model is not sustainable, and its activities in efforts in support of the Downtown area are a duplication of efforts.  Avoidance of duplication of efforts and a streamlined approach are needed to promote and support the entire Downtown Area.  There are alternative models to consider that would better serve as support for Downtown Aurora. Background In 2016, Council approved a study to determine the feasibility of establishing a Business Improvement Area (BIA) (previous report- CAO16-001). The study conducted in 2016 intended to outline the steps to establish a BIA, business interest in establishing a BIA and to fulfill the recommendations in the 2013 Aurora Promenade Plan. The Aurora Promenade Plan identified a specific area for business improvement and suggested that the Town investigate the interest and implementation of a BIA. While there was consultation with local businesses, there was not sufficient interest across the entire Promenade that would support the establishment of a Promenade-wide BIA. However, a small group of interested parties worked within a Page 5 of 154 February 20, 2024 3 of 14 Report No. PDS24-021 smaller catchment and solicited enough support to establish an Aurora BIA. The mandate for any BIA board in Ontario is outlined in the Act as follows: (a) to oversee the improvement, beautification and maintenance of municipally- owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b) to promote the area as a business or shopping area. In September 2018, the Town passed By-Law No. 6128-18 to establish a BIA that includes the businesses along portions of Wellington and Yonge Street (see Attachment 1: Aurora BIA area map). In 2019, the Board of Management (the “Board”) began work to establish itself and begin engagement with its members. The Board proposed a three- year budget for the years 2019, 2020 and 2021. In 2020, COVID hit and being a new organization, the Aurora BIA did not collect tax levies from the members and went dormant for one year. In 2021, the Town assisted the BIA in re-engaging and establishing itself as a resource for the members following COVID. Several initiatives were completed in 2021 and the momentum was intended to carry into 2022. There were successful events completed in 2022, including the launch of the new website, musical entertainment in Machell’s Alley, and seasonal events held by local businesses. In 2023, a new BIA Board was appointed including the support of two Ward Councillors to make up the governing board. The BIA relies heavily on a few volunteers and Town support to ensure activities are completed. Despite the intentions of the Board, the BIA still lacks member participation, and governance as mandated by the Act. Additionally, since 2019, governance, process and adherence to the rules of a Local Board of Council have not been consistent which may pose risks to the Town. Analysis The Aurora BIA’s performance under the current governance model is not sustainable, and its activities in efforts in support of the Downtown area are a duplication of efforts. While the designated BIA boundary is dense with businesses, this area is a small part of the entire downtown, and the BIA representation does not fully reflect the entirety of the potential of the area. The voice of the downtown business community is missed with the BIA’s small catchment, low member engagement, inefficient use of budget, and limited deliverables from the Board of Management. The BIA relies heavily on the Town to remain operational. Page 6 of 154 February 20, 2024 4 of 14 Report No. PDS24-021 The BIA has relied heavily upon staff support and participation. The BIA has not proven that it can function as the intended, self-managing, local board of Council designed to promote and beautify the downtown area. The Aurora BIA’s performance under the Act governance model is not sustainable, and the past and proposed initiatives are a duplication of efforts, primarily in the area of marketing and promotion. Attachment 2: Aurora BIA Governance Review provides a detailed summary of the Aurora BIA’s adherence to the Act and the Aurora BIA By-law, and outlines areas of duplication. The background and current plans of the BIA assisted in determining the proposed alternative models for downtown support, with several factors considered. Primarily, the proposed models are to avoid duplication of efforts and to create a streamlined approach that is necessary to promote and support the entire Downtown Area. Avoidance of duplication of efforts and a streamlined approach are needed to promote and support the entire Downtown Area. The Aurora Promenade is an identified plan to encourage redevelopment, revitalization and intensification. Through the Aurora Promenade Plan, several key areas were identified including the historic downtown core. Current support and initiatives are implemented through a variety of groups to encourage revitalization, animation, activation and population in the downtown area. The Aurora BIA is a small geographic section within the boundaries of the Promenade, and its only two objectives are to promote the area and to add to the beautification of the area, which duplicates efforts of other downtown-focused support. Avoidance of duplication and a streamlined approach to business engagement will better support the downtown. Below are a few examples of existing downtown support organizations and initiatives: Town of Aurora: Nearly every department and division supports the downtown area in some way. These include all divisions of Planning and Development Services (Economic Development, Policy, Planning, Building, and Engineering), to Community Services with Aurora Cultural Centre support, and the numerous events that promote, engage and invite residents and visitors to the downtown. Additionally, Town Square staff have been visiting businesses in the downtown soliciting feedback and informing them of the progress of Town Square. Significant support is also provided through the Town’s Operations teams that provide the beautification and maintenance of the town’s assets. The Finance department plays an integral role supporting the downtown through ongoing budget support, levy administration, and facilitating grant opportunities. The Corporate Services team also provides support for the downtown initiatives through Legal assistance, Town Clerk consultation and By-law services. Page 7 of 154 February 20, 2024 5 of 14 Report No. PDS24-021 The Town has several strategies and plans underway in support of the downtown area including: the Official Plan Review with the Promenade Plan update, Streetscape project with traffic study, Active Transportation Master Plan, and Town-wide parking strategy to name a few. Each plan has components that impact the Downtown area and requires a streamlined approach to communication and engagement. The BIA was invited to participate in several of the initiatives, however in their draft 2024 budget and workplan presented to members in December 2023, the BIA is proposing duplicate efforts in the areas of parking, traffic, marketing, and events. Aurora Chamber of Commerce: The Chamber is a partner in grassroots support of the local business community. Their ongoing promotion, innovative business support programs and ongoing frontline assistance plays a key role in helping to revitalize the downtown. The Chamber and its partners, including the Town, promote local business through the Explore Aurora brand. This is a website, ongoing social media campaign, and a magazine that promotes the business to consumer businesses in Aurora, including a dedicated page and directory specific to Downtown Aurora. The Chamber also hosts the annual downtown street fair and other events in direct support of the downtown and local business community. The BIA has contracted a third party to act as coordinator and marketer for the BIA, duplicating promotional efforts of the Chamber. Aurora Economic Development Corporation (AEDC): The AEDC consists of a 12-member Board of Directors that are the advisors, facilitators and supporters of the Town’s Economic Development Strategic Plan. Within the plan, one of the key goals is in support of revitalizing and reinvigorating the Aurora Promenade area, specifically, the downtown core. As such, there have been several initiatives conducted by the AEDC in support of building momentum to the downtown. These include window decorating project during COVID; street parking striping to build awareness; advocacy and connection with property owners in the downtown; event hosting and support of major projects in the downtown; and a video prospectus promoting the future of the downtown. Additionally, with an updated Economic Development Strategic Action Plan (2024-2030), the AEDC’s Downtown Action Team is supporting the abovementioned Town initiatives, specifically in the Streetscape project, downtown parking strategies, wayfinding strategy, traffic management, and downtown business engagement. As mentioned, the BIA is attempting to duplicate efforts in this regard. In addition to the above organizations, several individual businesses and organizations contribute their own resources in promoting their establishment and their connection to Downtown Aurora. Two of the organizations that contribute to downtown visitor attraction is the Aurora Farmer’s Market and The Armoury that regularly draw attention Page 8 of 154 February 20, 2024 6 of 14 Report No. PDS24-021 to the area. Other area entrepreneurs host their own events and see themselves as promoters of the downtown area as opposed to promoters of the specific boundary of the BIA. Each of the above organizations already collaborate on events and cross-promotion. The BIA has been included and invited to take advantage of the various events and promotion opportunities, but do not currently have solid plans to host their own events in support of the area. In late 2023 the BIA contracted a marketing company and have just started to see some impact in business engagement. While this is promising, the opportunity cost, associated with allocating the entire annual budget to outsourcing member outreach and social media, is that neither the entire BIA membership nor the entire downtown area are supported through the BIA program. This opportunity cost further proves duplication of marketing efforts to fill the gaps between promotion of BIA members and the entire downtown area, and the need to streamline efforts. Additionally, their social media is starting to gain followers and outreach, but it is missing an overall value proposition. Instead, the marketing consists of promoting individual businesses that are members of the BIA, and not meeting the objectives which are to promote the downtown area as a place to shop and do business and beautification of the area. Budget is a perceived limitation that prevents the BIA from producing events. The BIA Board presented a larger budget to the members in late 2023 that considered the options of an increased levy or request financial support from the Town. However, even with funding, there is little support by the BIA Board or members to organize events or even leverage existing events that are held directly in the BIA catchment area (i.e. Chamber Street Festival and Saturday Night Fever on Yonge St.). There are several ways for a BIA to raise funds besides increasing the levy or requesting additional funds from the Town. However there needs to be a tangible plan and benefit to the area, and alignment with the mandate of the BIA that includes promotion of the area for shopping and visitation, and beautification. Additionally, there needs to be an implementation plan for the funded events, including procurement of services and reporting metrics to the funding authority. The BIA is not currently organized in this regard to meet the requirements of external funding. Page 9 of 154 February 20, 2024 7 of 14 Report No. PDS24-021 There are alternative models to consider that would better serve as support for Downtown Aurora. With the combination of the Town’s downtown revitalization efforts, and planned strategic initiatives, it is an opportune time to evaluate more efficient and effective models of serving the entire downtown business community. The Act gives municipalities the flexibility to create, change or dissolve local boards to address local needs. The Act provides several alternative models, in lieu of a traditional designated BIA, that may provide a more comprehensive approach to service delivery in the Downtown. In reviewing alternative models and approaches across Ontario (See Attachment 3: Municipal alternative approaches to traditional BIAs), the two proposed alternative models are below. Alternative 1: Economic Development Corporation Under s. 9 (3) of O. Reg. 599/06 filed under the Act, a municipality can establish a corporation to conduct economic development services. These services may include:  Providing a counselling service to or encouraging the establishment and initial growth of small businesses operating or proposing to operate in the municipality, for example a ‘concierge service’ for small business in the Downtown.  Support for residential housing and/or parking facilities within the downtown area.  Undertake actions provided for under a Community Improvement Plan.  Support for heritage and culture assets and systems.  Promotion and marketing of the municipality for any purpose, including the collection and dissemination of information and the development of economic development strategic plans.  Improvement, beautification and maintenance of municipally owned land, buildings and structures in an area designated by the municipality beyond the standard provided at the expense of the municipality generally, and promotion of any area of the municipality as a business or shopping area. (Note that is provision is the same, and only, responsibility for an established BIA under the Act, within their designated area.) The Town established the Aurora Economic Development Corporation (AEDC) by way of Letters Patent dated December 18, 2018, to serve all businesses by providing many economic development services as outlined in the Act. The AEDC operates as a separate, 12-member board consisting of business leaders, residents of Aurora and two members of Council. The AEDC leads the development and implementation of the Page 10 of 154 February 20, 2024 8 of 14 Report No. PDS24-021 Town’s Economic Development Strategic Action Plan that includes a designated Action Team specific to supporting Downtown Aurora. As such, the AEDC is well positioned, and authorized under the Act and its Letters Patent, to absorb the two responsibilities of the BIA relating to improvement, beautification and maintenance of municipally owned lands, and promotion of business and shopping. To facilitate a transfer of BIA responsibilities to the AEDC, Council would need to dissolve the BIA by passing a by-law to repeal the by-law establishing the BIA, and absorb any remaining BIA assets and/or liabilities. Alternative 2: Economic Development Staff The Town’s Economic Development staff are positioned to facilitate and support downtown economic growth. Currently, staff, in partnership with the Aurora Chamber of Commerce, work to promote the area and provide opportunities for businesses through events and engagement. Additionally, Economic Development staff work closely with other departments in support of downtown projects and improvements, and also provide support to the Aurora Economic Development Corporation. As with Alternative 1, under the Act, Council can dissolve the Aurora BIA and absorb any remaining assets or liabilities. Services that were to be provided by the BIA, where appropriate, could be absorbed within Town operations to avoid duplication. Refer again to Attachment 3 for references other municipalities that have taken this approach in lieu of establishing an economic development corporation. For reasons identified in this report, the structure of the BIA is not the best model to support the entire downtown, and leverage the BIA Board members’ commitment and enthusiasm. However, either proposed alternative can recognize the volunteer BIA board members and their desire to support the downtown area. The BIA Board, members and other stakeholders would be engaged as part of the development of the comprehensive downtown engagement strategy. In this way, utilizing local business leaders across the entire downtown through one of the alternatives will allow for a greater amount of input, beyond the current BIA borders, and truly capture the voice of business in the downtown. Advisory Committee Review Discussions with the Aurora Economic Development Corporation, in particular the Downtown Action Team (formerly the Downtown Committee) resulted in support for reducing duplication and streamlining the promotional and business support efforts in Page 11 of 154 February 20, 2024 9 of 14 Report No. PDS24-021 the Downtown. This includes the dissolution of the Aurora BIA, in favour of a different, collaborative and encompassing model of delivering support and promotion of the entire downtown area, as well as participating in the development of a collective Downtown engagement strategy. Discussions with the Aurora Chamber of Commerce resulted in support of reducing duplication and streamlining the support of the downtown area. The Chamber remained impartial on the option to dissolve the BIA, as the Chamber has had representation on the Board of Management during the BIA’s first term. However, the Chamber did not seek election/appointment to be on the current Board of Management for the 2023- 2027 term. Additionally, the Chamber has voiced concern to the Board of Management over the years regarding the duplication with the Chamber and Town’s efforts in promotion of the downtown. The Chamber is in favour of a collective Downtown engagement strategy and would participate in its development. The Aurora BIA Board supports Council’s motion to review current governance and determine options of continuing as a BIA or transitioning the responsibilities to the Town. However, the Board has mixed feelings about a new model. On one side, the Board Members want to see the BIA survive and provide value to the members. On the other side, the Board acknowledges that there is a duplication of efforts, and that they may require significantly more funding to provide the value to members as they envision. They are considering the process to expand the BIA boundaries, but have been advised by the Ontario BIA Association (OBIAA), and Town staff, that expansion should not be used as a means to increase their budget. They need to demonstrate value to current members before adding more members. The BIA expansion process is a longer- term exercise, and they require short-term progress before moving down the path to expansion. The volunteer BIA board members are busy entrepreneurs and community leaders, eager to produce value, but collectively struggle in organization, duplication, governance, and individual time to commit to the necessary hands-on work required. While the BIA board recognizes the challenges, they stop short in formally requesting that Council dissolve the BIA and leave the decision of a new model up to Council. Legal Considerations The BIA and its governing Board were established pursuant to provisions outlined in the Act. The mandates, membership, budget process and other aspects of the Board are directed by the Act. At its core, the Board is meant to be a body that is independent of Page 12 of 154 February 20, 2024 10 of 14 Report No. PDS24-021 the Town and, pursuant to its statutory mandates, that acts to promote private commercial enterprises that make up its membership and the beautification of the BIA area only. The Board’s role is limited to working within its legislative mandate. Pursuant to Act, the Town’s role is mostly to oversee the appointments of directors to the board and to oversee the budgeting process. It should also be noted that pursuant to section 106 of the Act, the Town is prohibited from providing assistance to commercial enterprises through the granting of bonuses. As the BIA generally operates for the purpose of promoting private businesses that make up its membership and is limited to its boundaries, the Town is limited in how it can assist the Board and it may not be proper to direct Town resources in the furtherance of the stated mandates of the BIA. The Town does not have authority to override legislative mandates or requirements that govern the BIA and the Board. If the function or operation of the Board is envisioned to be different than mandated by the Act or to operate as a Town managed entity, a structure other than a BIA should be considered for that purpose. The Act provides two options for the dissolution of BIAs: (1) unilateral dissolution by the municipality and (2) dissolution at the request of the Board or membership. Unilateral dissolution by the municipality is at the discretion of Council and can be done without notice or consultation with the membership of the BIA. In such scenario, Council may direct staff to bring forward a by-law to a future Council meeting for the purpose of dissolving the BIA, which would entail the repeal of the by-law that established the BIA. The dissolution at the request of the Board or membership would require a request for dissolution from either the Board or signed by members who are responsible for at least one-third of the total taxes levied within the business area. In the case of dissolution, all assets and liabilities of the Board of the BIA would become the Town’s. Financial Implications The Aurora BIA is meant to be a financially self-sustaining organization through a special tax levy of its membership, collected by the Town on the BIA’s behalf. Should the BIA be dissolved, there are specific financial references under the BIA By-law that would need to be considered: 7.12 Upon dissolution of the Board of Management, the assets and liabilities of the Board of Management become the assets of the Town. Page 13 of 154 February 20, 2024 11 of 14 Report No. PDS24-021 The aforementioned provision relating to the assumption of assets and liabilities is based on the same mandate outlined in the Act. Upon completion of the 2023 financial audit of the BIA’s accounting records, staff will know the total value of the assets and liabilities that would be transferred to the Town should the dissolution of the BIA occur. Other BIA assets that would be transferred include, but not limited to:  website and domains  social media accounts  tent (in need of repair)  generator  banners (any left undamaged from storms) Another applicable clause within the BIA By-law that would require consideration in an instance of dissolution would be, which is based upon provisions outlined in the Act: 7.13 If the Board of Management is dissolved and the liabilities exceed the assets assumed by the Town, Council may recover the difference by imposing a charge on all rateable property in the former business improvement area that is in a prescribed business property class. If Council’s direction is to repeal the bylaw and dissolve the BIA, the designated BIA levy would cease as of the date of the repealing bylaw. Consequently, if the Town is to continue the delivery of the previously provided BIA services, there would be no levy in 2024, and any future funding requirements would be brought forward during the regular budget process. Communications Considerations Communications will inform the public of this report by posting it to the website. Communications will inform the public about the decision of Council by including information in Council Highlights news release, and posted to the Town’s website. Communications works in collaboration with Economic Development staff and the AEDC’s Strategic Action Teams and Aurora Town Square Project to promote downtown businesses and events. Climate Change Considerations There are no climate change considerations as a result of the recommendations outlined in this report. Page 14 of 154 February 20, 2024 12 of 14 Report No. PDS24-021 Link to Strategic Plan The Town of Aurora’s Strategic Plan identifies several links in support of a streamlined approach in revitalizing the downtown area. Goal – Economy: Objective 1: Promotion of Economic Development Opportunities  Work with the Aurora Economic Development Corporation to examine opportunities for the Town to actively promote downtown revitalization;  Actively promote and support the plan to revitalize the downtown;  Continue work closely with the Aurora Chamber of Commerce and the business community to better understand and address local business needs and promote business retention/expansion; The Economic Development Strategy outlines several objectives in support of the downtown. The updated Economic Development Strategic Action Plan has identified specific actions, and Action Teams, to facilitate ongoing marketing, communication and support of redevelopment in the Downtown. Additionally, the Town partners with the Aurora Chamber of Commerce to deliver marketing and promotion of tourism-related and main street businesses through Explore Aurora. Links to the strategies include:  Develop a marketing and communications strategy along with programming to attract and direct local residents and visitors to the downtown;  Develop a communications strategy to better inform and engage residents and businesses in the downtown;  Work with the Aurora Economic Development Corporation to examine opportunities for the Town to actively promote downtown revitalization;  Strengthen the Town’s value proposition and support programs to spotlight business in Aurora through video, website, brand awareness, social media. Alternative(s) to the Recommendation 1. That a bylaw be brought forward to a future Council meeting to repeal BIA Designation By-law No. 6128-18 and any amending by-laws, thereby dissolving the Aurora Business Improvement Area; and d. That staff be directed to perform all necessary administrative functions to conclude the business of the Aurora BIA, and assume their assets and liabilities in accordance with section 214 of the Act, as amended; and Page 15 of 154 February 20, 2024 13 of 14 Report No. PDS24-021 e. That Economic Development Office incorporate the functions of the BIA into the economic development portfolio; and f. That staff be directed to develop and implement a business engagement strategy for the Downtown area and report back to a future meeting of Council. 2. That Council permit the BIA to continue to operate status quo, provided that the BIA provides proof of performance in accordance with its by-law and the Act, and upholds it responsibility as a local board of the Town. 3. That Council provide direction. Conclusions Council directed staff to review the BIA and report back on alternatives to ensure an effective and collaborative approach to supporting the downtown area. The Aurora BIA was initially designed and implemented to provide local business-to-business support in the downtown. As it was developing, the structure became condensed to the main road arteries of Yonge Street and Wellington. While dense with businesses, this area is a small part of the entire downtown, and the BIA representation does not fully reflect the entirety of the potential of the downtown area. There is a demonstrated duplication of efforts by the BIA in relation to the Town, Aurora Economic Development Corporation, the Aurora Chamber of Commerce and other individual organizations’ activities in support of the downtown area. Through Council’s motion, the review of the BIA’s governance and opportunities for collaboration were explored. The Town does not have authority to override legislative mandates or requirements that govern the BIA and the Board. If the function or operation of the Board is envisioned to be different than mandated by the Act, or to operate as a Town managed entity, a structure other than a BIA should be considered for that purpose. This report provides alternatives to the current structure and service level provided by the BIA, and how the services can be incorporated and streamlined into existing strategic plans. The recommendation is to dissolve the Aurora BIA and request that the Aurora Economic Development Corporation incorporate the responsibilities of the BIA, as permitted under the Act. Page 16 of 154 February 20, 2024 14 of 14 Report No. PDS24-021 Attachments Attachment 1: Aurora BIA Boundary Map Attachment 2: Aurora BIA Governance Review Attachment 3: Municipal alternative approaches to traditional BIAs Previous Reports None Pre-submission Review Agenda Management Team review on February 1, 2024 Approvals Approved by Marco Ramunno, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 17 of 154 7\OHU6WUHHW :DOWRQ'ULYH(GZDUG6WUHHW6SUXFH6WUHHW)OHXU\6WUHHW%L UFK &RXUW&KXUFK6WUHHW 0RVOH\6WUHHW *XUQHWW6WUHHW,UZLQ$YHQXH 0HWFDOIH6WUHHW &DWKHULQH$YHQX H :HOOV6WUHHW%HUF]\6WUHHW/DUPRQW6WUHHW9LFWRULD6WUHHW&RQQDXJKW$YHQXH &HQWUH6WUHHW +DUULVRQ $YH QXH7HPSHUDQFH6WUHHW:(//,1*721675((7($67 <21*(675((7$8525$%86,1(66,03529(0(17$5($ Map created by the Town of Aurora Planning & Development Services Department, September 12, 2018. Base data provided by York Region and Aurora - GIS. ¯ 0HWUHV $XURUD%XVLQHVV,PSURYHPHQW$UHD Attachment 1 Page 18 of 154 Attachment 2: Aurora BIA Governance Review In reviewing the Aurora BIA’s governance and determining model options for the Aurora BIA, several factors were considered. • Business Mix: Is the Aurora BIA Business mix conducive to the intent of the Municipal Act guidelines? • Model and Risk: Is the performance of the Aurora BIA sustainable in its current model or pose risks to the municipality? • Budget Optimization: Has the BIA’s budget for promotion and beautification been utilized effectively? Aurora BIA Business mix is not conducive to the intent of the Municipal Act guidelines. The Municipal Act outlines two mandates for BIAs: promotion of the area, and beautification of the area. The current business mix (see Table 1) of the Aurora BIA results in low engagement by the service-related businesses (75%) compared to the retail and restaurant establishments (25%). At the same time, the majority of the levy is collected from the service businesses that are not active in the BIA, do not volunteer and do not support the efforts of the BIA. Table 1: Aurora BIA Facts In 2021 the Town conducted a Business Survey, and specifically highlighted the downtown area to determine the mix, needs and gather insight into the local economy. Additionally, during the summer months of 2021, the Town collected visitor analysis to determine if the efforts of the BIA during the summer months helped to facilitate traffic to the downtown. The results concluded that while the downtown mix encourages individual business visitation, the recent efforts of the BIA, excluding the entertainment provided for Machell’s Alley, were not a driving force in the uptake of visitors to local businesses. The main drivers of downtown visitation were the many events put on by the Town, either along Yonge Street or nearby at Town Park, or by individual business owners hosting their own events to drive traffic. BIA Facts Established: 2018/2019 Total owners: ~58 Total tenants: ~150 Business mix: 75% service 25% retail/restaurant Page 19 of 154 Performance of the Aurora BIA, to date, is not sustainable in its current model and poses risk to the municipality. The Municipal Act, 2001, 204(2.1), states that a BIA Board of Management is a local board for all purposes, and as such must follow provisions outlined in the Act pertaining to local boards. The Aurora BIA is required to perform according to the Act and its By- law(s). Failing to do so puts pressure on the municipality to further support, monitor and/or provide corrective actions to ensure the BIA’s compliance with the Act. This may put the Town in a position of risk. Below in Table 2: Aurora BIA Governance Assessment, the BIA’s performance is considered with regard to the Act and other requirements set out in By-Law-6128-18, and the amending By-law 6356-21. Table 2: Aurora BIA Governance Assessment Requirement Aurora BIA Governance Objectives/Mandate The Aurora BIA was established under By- law 6128-18 as a local board of Council. The two objectives of the BIA as prescribed in the by-law include: 1. To oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and 2. to promote the area a business or shopping area. The Aurora BIA relies upon the Town for maintaining the structures and assets in the BIA boundary. This includes planters, banners, garbage, benches/seating, and general maintenance. The BIA does not contribute to objective 1. In 2021 the BIA began hosting events, in partnership with the Town, in Machell’s Alley along with seasonal events/campaigns to encourage visitors to the area. While the campaigns of 2021 and 2022 were successful, the BIA requires significant resources from the Town, Chamber of Commerce and individual businesses, outside of its levy, to fulfill objective 2. Prohibitions Section 4.4 of By-law 6128-18 specifically outlines various BIA prohibited activities including: a) Spend money, or incur debts or other financial obligations except in compliance with the requirements set out in this by-law; b) Offer or provide support in any form to political candidates or political parties; The Aurora BIA has not incurred debt or financial obligations except in compliance with the requirements. The BIA has developed a Local Code of Conduct to address issues raised that potentially violate paragraph (e) of the By- law, where the public opinion of one or more Directors was not aligned with the decisions and/or positions of Council. The Director(s) were made aware of the Page 20 of 154 c) Advertise or pay for advertisements in any political publication; d) Participate in a hearing of the OMB, Local Planning, Committee of Adjustment, etc. or similar tribunal, unless the Board of Management has conducted a general meeting of the members to obtain approval to participate in a specific hearing, and to get approval for any expenditures; or if the Board of Management has been called as a witness; e) Pass a resolution or take a position contrary to any Council-approved policy or decision. conflict, but have yet to approve the draft Local Code of Conduct or recognize that Council’s Code of Conduct applies to them. Local Board Policies BIAs are considered local boards of the Town under the Municipal Act. As such they are required to have the following policies in place pursuant to s. 270 (2) of the Act: Policies of local boards 270 (2). A local board shall adopt and maintain policies with respect to the following matters: 1. Its sale and other disposition of land. 2. Its hiring of employees. 3. Its procurement of goods and services. Other policies governing the BIAs include: - Meeting procedures - Local Board Code of Conduct (adopted by Council) - Use of Corporate Resources for Election Purposes (Municipal Elections Act requirement) The Aurora BIA follows the Act within its By-law, but does not have additional policies adopted, specifically for procuring goods and services. The Board discussed governance policies including procurement, but has yet to take action to develop and implement such policies. This may be considered a violation of the Act 270(2), 2006, c.32. A.s.113. Accessibility Standards The BIA may be required to follow the provisions of the Accessibility for Ontarians with Disabilities Act (AODA), at least for the purposes and functions of the board. BIA agendas and minutes are not made publicly accessible. In-person meetings are not regularly made public, although most meetings have been hosted at facilities that are accessible. Page 21 of 154 Code of Conduct Board members are subject to the provisions of the Town’s Code of Conduct for local board members, and must follow the provisions of the Municipal Conflict of Interest Act (MCIA). Board members are made aware that they are to follow the Code of Conduct and are provided with a copy. Members of the public are entitled to file complaints with the Town’s Integrity Commissioner for violations of the local board’s Code of Conduct. If the Integrity Commissioner choses to investigate a complaint regarding a BIA Board member, the cost of the investigation could be reasonably high, possibly exeeeding the BIA’s budget, depending on the circumstances. Given the limited budget of the BIA, this is a significant liability for the Town as the cost would be borne by the Town and therefore the taxpayers. Agendas and Minutes According to the By-Law 6128-18: The Board shall keep proper minutes and records of every meeting of the Board, and shall forward approved minutes and records to all members of the Board, and the Town Clerk, if requested. The BIA Board meeting minutes vary significantly in format and content. The Municipal Act, 2001 requires that minutes of all meetings be taken without note or comment and should include all resolutions, decisions, and other proceedings of the local board. Appointed Secretary of the Board of Management Section 6.14 of By-law 6128-18 outlines the role of the Board of Management in appointing a Secretary. The secretary appointed by the Board of Management shall: a) give notice of the meetings of the Board of Management; b) keep all minutes of meetings and proceedings of the Board of Management; c) record with note or comment all resolutions, decisions and other proceedings at a meeting of the Board of Management whether it is closed to the public or not; and d) perform such duties, in addition to those outlined in paragraphs (a), (b) and A Secretary has been appointed, however there is no record of the agendas or minutes being managed by the Secretary. Most of the documentation responsibility was offloaded to Town staff by default, or currently outsourced to a paid service, rather than the elected Board member. Until the new Board was elected for the 2023-2027 term, staff have been asked to be the keepers of minutes, agendas and financial documentation, contrary to By- Law-6128-18. Currently, the documents are stored online (via Slack), but not accessible to all members. Past notice of meetings was sporadic and not consistent in order to ensure quorum at each meeting of the Board of Management, nor were agendas posted Page 22 of 154 (c) as the Board of Management may from time to time direct. or shared with members for public attendance. According to the By-Law 6128-18: On or before the March 31st in each year, the Board shall submit its annual report for the preceding year to Council, including a complete, audited, and certified financial statement of its affairs. On an annual basis, the BIA submits their annual budget to Council however has yet to meet the timelines established in the By-law, despite numerous reminders from staff. In 2021, the Board failed to develop a draft budget and offloaded the draft budget and annual report development responsibility to Town staff. The Chair presented the draft budget to the members at the AGM and then to Council for approval. Staff had to provide significant input and support in the development of the 2022 budget and AGM materials. For 2023, a proposed budget increase was presented to the Members in preparation of a budget and presentation to Council. For the 2024 budget, as of January 19, 2024, the audit has not started for the 2023 financials that are required to be presented to the membership at an AGM, prior to being presented to Council, all before March 31, 2024. According to the By-law, the Board shall hold at least four (4) Meetings per year, including the Annual Meeting of Members. The BIA has met the meeting requirements according the By-law. In accordance with the Municipal Act, 2001, members of a business improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribed business property class and tenants of such property. As such, it is imperative for the Clerk to be provided an updated list of the properties. The list provided by the Town’s tax department includes the roll number of the property owner responsible for the levy. The members include both the owners and tenants of the commercial buildings. In 2021 the member list was updated by the efforts of the local Ward Councillor, Town staff and the Chamber of Commerce. In 2022, the Region conducted its Business Survey and provided an updated list. In 2023, the BIA hired an external party to reach out the to members and update a list. The Town works with the Region as well as other means to update and maintain a Page 23 of 154 full business list, that includes the businesses within the BIA. While this is an ongoing task, daily changes in businesses result in the list only being accurate on the day it is completed. Maintaining separate lists of downtown businesses by the Town, Chamber, Region, and a partial list by the BIA is a duplication of efforts and should be streamlined. According to the By-law: “Quorum” means half of the directors, less vacancies, rounded up to the nearest integer, but no less than 3 despite the number of directors. Majority of meetings had quorum of the Board and met the requirement. Notice of all Meetings of the Board of Management shall be provided by the Secretary. Board of Management meetings are open to the public. Notice of regular Board meetings are circulated to Board Members only. The agenda, if completed, is circulated either the day before or day of the meeting, and is not posted publicly. The BIA struggles in maintaining and circulating meeting minutes, as required, despite having an appointed Secretary. In 2023, with an external coordinator, this issue is starting to improve. Notice of all Meetings of Members shall be provided to all members by: a) Sending it prepaid mail not less than thirty (30) days prior to the meeting to the address last provided, or if not provided, to the address of the owner indicated on the last municipal assessment roll; b) Sending it by email not less than twenty (20) days prior to the meeting to any member that has provided an email address for this purpose; or c) Delivering it personally not less than ten (10) days prior to the meeting. Notice of Meetings of Members have followed the guidelines of 30 days notice by mail. The amended by-law added additional requirements for notice to encourage member participation and quorum at the Annual Meeting of Member. The by-law was also amended to allow for quorum of the Board to constitute quorum for the meeting of members, provided notice was adequately given according to the by-law. This was to avoid the regular occurrence of non- quorum at Members meetings, or the last-minute struggle to secure proxy participation of members. Page 24 of 154 In addition to the above, the Board of Management shall make reasonable efforts to provide additional notice of any meetings of the members using public media, and social media accounts, websites associated with the Town or Board of Management. Quorum at a Members meeting must have: a) At least 10% or at least 10 members present; or b) Quorum of the Board of Management as set out in 6.3. The 2021 Annual General Meeting of Members was the highest participation due to an election of new directors to the board. (19 members including the Board, plus guests). The 2022 Annual General Meeting was back to low member participation (total of 9 members, including the Board of Management), and the reliance upon quorum of the board to constitute quorum of the meeting of members. The 2023 Annual General Meeting is scheduled for February 28, 2024, however the audited financials preparation has yet to start. Notice needs to be sent out to members 30 days ahead. Failing quorum at a members meeting would result in the BIA not having a budget for Council’s approval prior to March 31, 2024, in violation of the By-law. The BIA has only two obligations according the Municipal Act: a) To oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality; and b) To promote the area as business or shopping area. With the support of the Town, Chamber and limited volunteers, the Aurora BIA has put forward efforts in marketing and events. However there is duplication of efforts between the Town, Chamber, AEDC, and BIA in the area of promotion and business support. There has been zero or minimal effort in the area of beautification by the BIA, whereas the BIA relies solely on the Town for beautification efforts. In addition to the above governance analysis, the Aurora BIA Board of Management relies heavily on the Town for operational support. The BIA Board of Management must be able to operate as an independent local board of Council and cannot be an extension of the Town or staff responsibilities. The current level of support required to ensure that the BIA remains operational is not sustainable. Even with a Board of eight (9) members (see Table 3) staff are relied upon for administrative support, financial management support, including past support in preparation of the annual budget and presentation to Page 25 of 154 Council. Staff have been asked to complete tasks that the Board of Management fails to perform, which may put the municipality at risk and is inconsistent with the mandates and legislation applicable to business improvement areas. Table 3: Aurora BIA Board of Management Aurora BIA Board of Management Number of Board Members permitted: 8+1 Number of Board Members 2018-2022: (+1 is a reserved seat for Council) 8+1 Number of Board Members resigned during 2018-2022*: 3 Number of New Board members during 2018-2022: 3 Number of Board Members that did not be seeking re-election/appointment for new term 2023-2027: 2 Number of Board Members appointed by Council for 2023-2027: (7 members plus 2 members of Council) 7+2 *Included in the resignations are the Treasurer, the past Vice Chair and the representative from the Aurora Chamber of Commerce. The BIA’s budget for promotion and beautification have not been utilized effectively. Council approves the BIA’s annual budget based and has the authority to approve the budget in whole or part but may not add expenditures to the budget. The BIA carries a large portion of its budget for administration purposes (insurance, website, banking and audit fees), averaging 23.4% per year over the past 5 years, and the remainder for use in events or promotion, or carried over to the following year. Over the inaugural term of the BIA Board of Management (2019-2022), and continuing into the current term, the budget has not been maximized to benefit the members. Below in Table 4, is a breakdown of the annual budget from 2019-2023. Note that 2023 figures have not been audited as of the time of this report. Table 4: Aurora BIA Annual Budget Breakdown Budget Amount Approved by Council Budget Levy (budget less carryover) Percentage budget for Admin Actual spend ($/%) 2019 $40,400 $40,400 10% $34,107 (84%) 2020 (COVID – carryover from 2019) $6293 $0 38% $2,367 (38%) 2021 $40,400 $37,553 15% $24,442 (61%) 2022 (includes grant from Town) $55,711 $37,269 37% $9,136 (16%) Page 26 of 154 2023 (including grant and surplus carryover) $65,400 $18,825 17% $42,284 (65%) (unaudited) 2024 (being proposed) $94,942 $71,826 12% Again, while some events and promotion have been implemented, the overall impact and budget utilization could have been greater with a more collaborative and streamlined approach in the downtown area. Page 27 of 154 Attachment 3: Municipal alternative approaches to traditional BIAs The Municipal Act gives municipalities the flexibility to create, change or dissolve local boards to address local needs. The Act provides several alternative models, in lieu of a traditional designated BIA, that may provide a more comprehensive approach to service delivery. Below is a chart of recent decisions regarding municipal alternative approaches to traditional BIAs. Table 1: Alternative approaches to traditional BIAs BIA Municipality Dissolution Decision Simpson Street BIA Thunder Bay, ON April 10, 2017 Council votes in favour of BIA dissolution due to lack of Board and member engagement. Municipality absorbs BIA role. Bolton BIA Caledon, ON May 18, 2018 The Bolton BIA membership voted to dissolve the BIA and provided notice to Clerk and Council seeking the repeal of the Bolton BIA by-law to establish the BIA. Municipality absorbs BIA role. Oshawa Central Business District Improvement Area Oshawa, ON January 25, 2021 That in accordance with Report CNCL-21- 02, dated January 20, 2021, concerning Options for Future Representation for the Downtown, Council adopt Option 1 - City Assumes All Business Improvement Area Responsibilities That By-law 6-2021, being a by-law to dissolve the Oshawa Central Business District Improvement Area and its Board of Management and to repeal By-law 94-74, as amended effective February 28, 2021 be passed. Bloor Street BIA Toronto, ON March 10, 2022 Council votes in favour to dissolve the Bloor Street BIA and transfer the BIAs responsibilities to the Bloor-Yorkville BIA. Page 28 of 154 Downtown Ajax BIA; and Pickering Village BIA Ajax, ON March 28, 2022 Council approved the recommendation that a By-law to dissolve the Downtown Ajax and Pickering Village Business Improvement Areas be approved; and That staff be directed to perform all necessary administrative functions to conclude the business of the BIAs and assume their assets and liabilities in accordance with section 214 of the Municipal Act, 2001, as amended; and That staff be directed to develop and implement a Business Engagement Strategy. Municipality absorbs BIA role. Downtown Napanee Business Improvement Area Napanee, ON April 28, 2022 Council approves a staff report to dissolve the Downtown Napanee BIA and that Napanee will absorb the responsibilities. Walkerton Business Improvement Area Brockton, ON May 6, 2022 Council approves the staff report to dissolve the Walkerton BIA, and transferring the responsibilities of the BIA to the Economic Development Committee and internally through Economic Development staff. Meaford Business Improvement Area Meaford, ON November 28, 2022 That Committee of the Whole recommend Council of the Municipality of Meaford: Enact a by-law to dissolve the Meaford Business Improvement Area; and Direct staff to include funding to support the founding of a Main Streets organization in the 2023 operating budget; The ByWard Market BIA Ottawa, ON March 31, 2023 The city of Ottawa and businesses moved to have a "single voice" speak for the area, while also streamlining programming and operations in the popular tourist area. A new committee being formed to align all downtown groups. Page 29 of 154 Niagara Falls Downtown BIA Niagara Falls, ON November 8, 2023 In the review process, considering a Merchant’s Group which is less formal with less requirements that BIAs have under the Municipal Act; or no formal group in the Downtown area, moving the responsibility of business engagement and support to municipal staff. Page 30 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No.CS2 4 -0 05 Subject: Dissolution of General Committee and Establishment of Committee of the Whole Prepared by: Jaclyn Grossi, Deputy Town Clerk Department: Corporate Services Date: February 20, 2024 Recommendation 1. That Report No. CS24-005 be received; and 2. That the draft Procedure By-law (Attachment No. 2) be brought forward for enactment and replace the existing by-law. Executive Summary The report seeks Council’s approval of necessary changes to the Town’s Procedure By- law in relation to the Committee of the Whole meeting structure.  Proposed revisions are being recommended to conform with the Town’s Committee of the Whole meeting structure  Procedure By-law revisions are required to maintain openness and transparency Background Section 284.8 of the Municipal Act, 2001 (the “Act”) grants the Mayor with power to establish Committees of Council, assign their functions, and appoint Chairs and Vice Chairs. This power applies only to committees that are comprised solely of Members of Council. On January 26, 2024, Mayor Mrakas exercised these powers with Mayoral Decision No. 2024-03 which dissolved General Committee and implemented a Committee of the Whole meeting structure effective March 1, 2024. Page 31 of 154 February 20, 2024 2 of 4 Report No. CS24-005 Further, the Act requires Council to pass a bylaw to govern its rules of procedure for Council and Committee meetings. Council’s current Procedure By-law has been in effect as of January 1, 2020. This bylaw requires updates to reflect the Town’s Committee of the Whole meeting structure. Analysis Proposed revisions are being recommended to conform with the Town’s Committee of the Whole meeting structure The recommended Procedure By-law (the “By-law”) revisions outlined in Attachment No. 1 reflect the meeting structure transition from General Committee to Committee of the Whole, and capture the changes required to present the public, Council and staff with a clear picture of how the Town operates its meetings. These changes ensure that the By- law continues to respect the accountability and transparency of the municipality and its operations. The changes are as follows:  Including Committee of the Whole as a standing committee and removing General Committee  Clarifying the role of the Deputy Mayor, in the absence of the Mayor  Reflecting the appropriate schedule of meetings  Reflecting the appropriate orders of business for Committee of the Whole agendas  Replacing references to the former General Committee with the current Committee of the Whole The draft By-law does not include the Strong Mayor Power amendments that were recommended in report no. CS23-073 Procedure By-law Review on November 7, 2023. If Council wishes to include these revisions as well, an amendment can be made. Procedure By-law revisions are required to maintain openness and transparency The By-law is without effect to the extent of any conflict with a federal or provincial Act or a regulation made under an Act, meaning that any sections of the By-law that are in conflict with the Act would not be in effect. Where a conflict arises, staff would follow the Act and not follow the Procedure By-law as the provisions of the legislation prevail. The proposed revisions to the By-law would ensure that staff, the public, and Council Page 32 of 154 February 20, 2024 3 of 4 Report No. CS24-005 have a document that is easily accessible to all parties and presents relevant information in a succinct format, ensuring that confusion is mitigated, and correct information is presented publicly. The principles of openness, transparency and accountability to the public guide the Town’s decision-making process. The By-law is a document that ensures the decision- making process is understood by the public and other stakeholders, provides access to information and opportunities for input by the public, and exercises and respects individual and collective roles and responsibilities provided for in the By-law and applicable legislation. It reflects good governance and provides a way forward for Council to conduct their meetings, and is a blended reflection of current legislation and operations of Council. Advisory Committee Review None. Legal Considerations The Mayor has the sole authority to dissolve and establish committees that are comprised solely of Members of Council. Council is being requested to approve amendments to the Procedure By-law to implement the Mayor’s decision. If the amendments are not approved, staff will continue to implement the decision in accordance with the Municipal Act, 2001. As mentioned above, it is prudent to have a revised Procedure By-law for openness, transparency and accountability. Financial Implications There are no direct financial implications as a result of this report. Communications Considerations Upon Council approval, the updated Procedure By-law will be posted on the Town’s website, and applicable webpages will be updated with relevant information. Climate Change Considerations The recommendations from this report do not impact greenhouse gas emissions or impact climate change adaptation. Page 33 of 154 February 20, 2024 4 of 4 Report No. CS24-005 Link to Strategic Plan The proposed Procedure By-law supports progressive corporate excellence and continuous improvement by implementing policy and processes that reflect sound and accountable governance. Alternative(s) to the Recommendation 1. That Council direct staff to include the proposed Procedure By-law amendments regarding Strong Mayor Powers, as presented in staff report CS23-073 on November 7, 2023, in the draft By-law brought forward for enactment. 2. Council provide direction. Conclusions The Procedure By-law is the guiding governance document for the municipality and is built on the principles of good governance, openness, accountability, and transparency. The recommended changes reflect the way Council will operate as of March 1, 2024 within their Committee of the Whole meeting structure. Attachments Attachment No. 1 – Current Procedure By-law with track changes Attachment No. 2 – Draft Procedure By-law (clean) Previous Reports CS23-069 Strong Mayor Powers Pre-submission Review Agenda Management Team review on February 1, 2024 Approvals Approved by Patricia De Sario, Director, Corporate Services/Town Solicitor Approved by Doug Nadorozny, Chief Administrative Officer Page 34 of 154 By-law No. 6228-19, as amended Page 1 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 The Corporation of the Town of Aurora By-law Number 6228-19 Being a By-law to govern the proceedings of Council and Committee meetings of the Town of Aurora. Whereas subsection 238 (2) of the Municipal Act, 2001 requires every Council and local board to adopt a Procedure by-law for governing the calling, place and proceedings of Meetings; And whereas subsection 11 (2) of the Municipal Act, 2001 provides that upper and lower tier municipalities may pass by-laws respecting accountability and transparency of the municipality and its operations and of its local boards and their operations; and, And whereas it is Council’s desire to follow a process of municipal governance that reflects an open, transparent government; And whereas Council, in the interest of good governance, recognizes a Procedure By-law as a hallmark of accountability and transparency; and, And whereas Council considers it necessary to enact a by-law in this regard and to repeal Procedure By-law Number 6068-18; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1.Definitions In this Procedure By-law: a)“CAO” means the Chief Administrative Officer of the Town or his/her designate; b)“Chair” means the presiding officer at a meeting of Council or a Committee; c)“Clerk” means the Clerk of the Town or his/her designate; Attachment 1 Page 35 of 154 By-law No. 6228-19, as amended Page 2 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 d) “Closed Session” means a Meeting, or part of a Meeting of Council or a Committee, which is closed to the public as permitted by the Municipal Act, 2001; e) “Code of Ethics” means the “Code of Ethics”, a declaration of the principles of good conduct and ethics. f) “Committee” means any Standing Committee of Council or an advisory or special Committee established by Council from time to time; g) “Confirming By-law” means a by-law passed for the purpose of giving effect to a previous decision or proceeding of Council; h) “Council” means the Members of Council of the Town of Aurora; i) “Delegation” means an address to Council or a Committee at the request of a person wishing to speak; j) “Deputy Mayor” means the Member appointed to assume the duties, rights, powers and authority of the Mayor in the circumstances set out in Section 242 of the Municipal Act, 2001; (Amended per By-law No. 6453- 22) k) “Director” means a Director of the Town or his/her designate or successor in title; l) “Emergency Weather Event” means an emergency weather event as defined by Town Policy No. HR-23 – Facility Closure – Inclement Weather/Power Failure – as may be amended from time to time; m) “Friendly Amendment” means an amendment to the Motion under debate with the consent of the mover and seconder only, and without the requirement for an amending Motion to be made; n) “Frivolous” means without merit or substance or is trivial; o) “Head” means the individual or body determined to be head under the Municipal Freedom of Information and Protection of Privacy Act, 1990 p) “Inaugural Meeting” means the first Meeting of Council after a regular election; Page 36 of 154 By-law No. 6228-19, as amended Page 3 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 q) “Local Board” means a local board defined by the Municipal Act, 2001; r) “Mayor” means the Mayor of the Town; s) “Meeting” means any regular, special or other Meeting of Council or a Committee and includes a Workshop; t) “Member” means any individual elected to Council or a person appointed by Council to a Committee; u) “Motion” means a proposal moved by a Member, and seconded by another Member, to adopt, amend, or otherwise deal with a matter before Council or a Committee; v) “Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as amended; w) “Municipal Conflict of Interest Act” means the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended; x) “Municipality” means The Corporation of the Town of Aurora; y) “Notice” means written notice, except where legislation, by-law or policy of the Town provides for another form and manner of notice; z) “Offending Member” means a Member who has been found by the Chair or by Council or by a Committee to have disobeyed a rule in this Procedure By-law or a Chair’s ruling; aa) “Point of Order” means a Motion raised by a Member drawing attention to an infraction of this Procedure By-law; bb) “Point of Personal Privilege” means a Motion raised by a Member which concerns the health, safety, rights, or integrity of the Member, the Council, a Committee, Staff or anyone present at a Meeting; cc) “Procedural Matter” means a matter or Motion of a procedural nature; dd) “Public Planning Meeting” means a Meeting held pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, or other statute; Page 37 of 154 By-law No. 6228-19, as amended Page 4 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ee) “Quorum” means the number of Members required for the legal conduct of the business of Council or a Committee. ff) “Resolution” means the decision of Council on any Motion; gg) “Robert’s Rules of Order” means the most current edition of Robert’s Rules of Order, Newly Revised; hh) “Rules of Procedure” means the rules and regulations contained in this Procedure By-law and that govern the proceedings of Council and its Committees; ii) “Staff” means an employee(s) of the Town; jj) “Standing Committee” means a Committee established by Council and consisting solely of all Members of Council; kk) “Town” means The Corporation of The Town of Aurora; ll) “Town Hall” means the municipal offices located at 100 John West Way, Aurora, Ontario; mm) “Vexatious” means without merit and pursued in a manner that is malicious or intended to embarrass or harass the recipient or others; nn) “Workshop” means a Meeting of Council or Committee for the purpose of discussing issues in an informal venue. 2. Purpose and Application a) This By-law shall be known as the Procedure By-law and establishes the rules of procedure for Council and Committee Meetings. 3. Principles of the Procedure By-law a) The principles of openness, transparency and accountability to the public guide the Town’s decision-making process. In the context of Council and Committee proceedings, this is accomplished by: i) Ensuring the decision-making process is understood by the public and other stakeholders; Page 38 of 154 By-law No. 6228-19, as amended Page 5 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ii) Providing access to information and opportunities for input by the public and other stakeholders consistent with the requirements of this Procedure By-law and other statutory requirements; iii) Exercising and respecting individual and collective roles and responsibilities provided for in this Procedure By-law and other statutory requirements. b) The protection of basic rights by recognizing the right of the majority to decide, the minority to be heard and individuals to have the opportunity to participate. c) The principles of parliamentary law governing Council and Committee Meetings include: i) Every Member has the right to one vote, unless prevented by law; ii) Each Member has the right to be heard on a matter, unless prevented by law; iii) Each Member has the right to information to help make decisions, unless prevented by law; iv) Each Member has the right to an efficient meeting; v) Each Member has the right to be treated with respect and courtesy; vi) Each Member represents the public and will first and foremost consider the well-being and interests of the Municipality. 4. Interpreting the Procedure By-law a) In the event of conflict between this Procedure By-law and legislation, the provisions of the legislation prevail. b) If there is a conflict between two or more rules in this Procedure By-law, or if there is no specific rule on a matter, the Chair will rule. In making a ruling, the Chair may consult the Clerk, rely on previous rulings and practices, or refer to Robert's Rules of Order. Page 39 of 154 By-law No. 6228-19, as amended Page 6 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 5. Suspension of Rules a) Rules of Procedure provided for in this Procedure By-law may be suspended by a two-thirds majority vote of Council or a Committee, with the exception of the following circumstances: i) Where required by law; ii) Contractual agreements binding the Town; iii) Quorum requirements. b) A Motion to suspend the Rules of Procedure required by this Procedure By-law shall not be debatable or amendable. 6. Standing Committees a) General CommitteeCommittee of the Whole i) The General CommitteeCommittee of the Whole shall be comprised of all Members of Council. ii) The General CommitteeCommittee of the Whole may consider delegations, Community presentations, correspondence, staff reports and matters which may require more elaboration and discussion than would be appropriate in a Council Meeting and such other matters as Council may determine. Recommendations from General CommitteeCommittee of the Whole will be considered by Council. b) Audit Committee i) The Audit Committee shall be comprised of all Members of Council. ii) The Audit Committee shall: (a) Review audited financial statements; (b) Review significant management letter comments and related recommendations; (c) Review the appointment of auditors; and (d) Make recommendations regarding the above to Council. Page 40 of 154 By-law No. 6228-19, as amended Page 7 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 iii) The Committee’s mandate shall include operational reviews. iv) Meetings will be held at the call of the Chair. Agendas will be distributed to Members of Council at least forty-eight (48) hours prior to the Meeting. c) Budget Committee i) The Budget Committee will be comprised of all Members of Council. ii) The Budget Committee shall make recommendations to Council on approval of the Town’s annual operating and capital budgets. iii) The Budget Committee has delegated authority to: (a) Approve the Meeting minutes of the Budget Committee; (b) Direct staff to bring forward information to the Budget Committee as needed, and defer matters to a future General CommitteeCommittee of the Whole or Budget Committee meeting; and (c) Direct staff to prepare and bring forward for Council’s consideration a report summarizing Committee recommendations on the annual capital and operating budgets. iv) Budget Committee Meetings will be held as outlined in the Meeting Schedule, as approved by Council. 7. Committees a) When not provided for in the Committees’ Terms of Reference or the Town Policy for Ad Hoc/Advisory Committees and Local Boards, the Rules of Procedure set out in this Procedure By-law shall govern all Meetings of all Committees, including any ad hoc, Advisory Committees, or Local Boards. 8. Chair of Meeting a) The Chair is the presiding officer at a Meeting of Council or a Committee. Page 41 of 154 By-law No. 6228-19, as amended Page 8 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 b) The Chair of a Meeting of Council, Audit Committee, Budget Committee, a Closed Session or a Workshop Meeting is the Mayor. In the absence of the Mayor, the Deputy Mayor is Chair. c) The Chair of a Meeting of Committee of the Whole shall be the Mayor. c) The Chair of a Meeting of General Committee shall be the Deputy Mayor as provided for in Section 10 of this By-law. (Amended per By-law No. 6453-22) d) In the absence of the person appointed as Chair, the Members shall appoint one of their Members as Chair for the purpose of that Meeting. e) The Chair and any Vice Chairs of other Committees are appointed in accordance with the Town’s Policy for Ad Hoc/Advisory Committees and Local Boards, or their Terms of Reference. 9. Duties of the Chair a) The Chair is responsible for, where applicable: i) Carrying out the roles and responsibilities of his/her role as described in the Municipal Act, 2001; ii) Chairing the Meeting in an objective manner in accordance with this Procedure By-law; iii) Enforcing the Rules of Procedure in this Procedure By-law; iv) Enforcing order and good behaviour of all Members at all times; v) Announcing the business before Council or a Committee and the order in which it is to be considered; vi) Receiving, stating and framing all Motions presented to clarify their intent as moved; vii) Ruling on whether a Motion is in order; viii) Protecting Council or a Committee from a Motion that is obviously Frivolous or tending to cause delay by refusing to acknowledge the Motion; Page 42 of 154 By-law No. 6228-19, as amended Page 9 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ix) Providing information to Members on any matter related to the business of Council or a Committee; x) Deciding to acknowledge, and ruling on, whether a Point of Order or Point of Personal Privilege is in order subject to an appeal by any Member to the Council or a Committee on any question of order in respect to business before the Council or a Committee, and giving the facts, circumstances and reasons for the ruling; xi) Calling a vote on the question of sustaining the ruling of the Chair, and announcing the results of the vote, if there is an appeal to the ruling of the Chair. In this regard, the Chair may provide further explanation of the ruling prior to calling the vote; xii) Recessing a Meeting for a brief, specified time to consult the Clerk, the CAO or other staff person if necessary; xiii) Recessing the Meeting for a specified time if there is a threat or imminent threat to the health or safety of any person, or if there is a possibility of public disorder; xiv) Ensuring that Members take a health break by announcing a minimum ten (10) minute recess after two (2) hours have passed since the last break; xv) Ensuring that all Members who wish to speak on a Motion have spoken; xvi) Ensuring clarity, where required, by reading, or requesting the Clerk, recording secretary or other appropriate person to read Motions before voting; xvii) Putting all Motions to a vote and announcing results; xviii) Voting on all matters unless the Municipal Conflict of Interest Act prohibits it; xix) Declining to put to a vote any Motion which contravenes this Procedure By-law; xx) Calling Members to order; Page 43 of 154 By-law No. 6228-19, as amended Page 10 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 xxi) Adjourning the Meeting when the business of the Meeting has concluded; and, xxii) Signing all by-laws, Resolutions, and minutes when required. 10. Deputy Mayor (Section added per By-law No. 6453-22) a) The Deputy Mayor shall be composed of all Ward Council Members with appointments running concurrently on a monthly rotation basis. The Clerk shall prepare and circulate a schedule for the rotation of the Deputy Mayor at the beginning of each term of Council for the entire term of Council, as follows: i) Each Ward Councillor shall hold the position of Deputy Mayor for seven (7) non-consecutive months throughout the term of Council; ii) Each Ward Councillor shall be the Deputy Mayor in July or August once over the course of the term of Council; and, iii) No Deputy Mayor will be appointed in July, August, September, October, November and December of a Municipal Election Year. b) Ward Councillors shall notify the Clerk of any exchanges of their appointed months with other Ward Councillors due to a foreseen absence. c) In the absence of the Deputy Mayor, the Mayor will Chair any General Committee meetings. d)c) The Deputy Mayor shall act in the absence of the Mayor in the following circumstances: i) When the Office of Mayor is vacant; ii) When the Mayor is absent due to illness, or scheduling conflict; iii) When the Mayor is absent from the Town; iv) When the Mayor refuses to act; or v) When the Mayor declares a conflict of interest. Page 44 of 154 By-law No. 6228-19, as amended Page 11 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 e)d) The Deputy Mayor has, and may exercise all the rights, powers, and authority of the Mayor as Head of Council in the Mayor’s absence, as defined in Section 241 and 242 of the Municipal Act, 2001. 11. Members of Council and Committees a) Members are responsible for, where applicable: i) Carry out the responsibilities of the role of Council as described in the Municipal Act, 2001, Municipal Conflict of Interest Act and any other legislation; ii) Attending scheduled Meetings; iii) Carefully considering and making decisions about Meeting business, including seeking information and advice from staff prior to and during a Meeting; iv) Voting on Motions put to a vote, unless the Municipal Conflict of Interest Act prohibits it; v) Respecting the Rules of Procedure in this Procedure By-law; vi) Listening attentively, participating in a Meeting and not interrupting, unless to raise a Point of Order or Point of Personal Privilege; vii) Remaining silent in their seats while Council or a Committee votes and until the Chair announces the result of the vote; viii) Refraining from using indecent, offensive or insulting language or speak disrespectfully of any individual. ix) Refraining from engaging in private conversation while in the Meeting or using communication devices in any manner that disrupts the Member speaking or interrupts the business of Council; x) Respecting and following the decisions of Council or a Committee; xi) Not disclosing any of the content of a Meeting that was closed to the public or provide confidential documents or materials to unauthorized individuals; Page 45 of 154 By-law No. 6228-19, as amended Page 12 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 xii) Complying with the Chair’s rulings and Council’s decisions; and xiii) Complying with the Council Code of Ethics. 12. Breach of Rules a) If a Member disobeys a rule in this Procedure By-law or a Chair’s ruling: i) After the first occurrence, the Chair calls the Member to order. ii) After the second occurrence, if the Member continues to disobey this Procedure By-law or the Chair’s ruling, the Chair will immediately order the Member to leave his/her seat and observe the Meeting from the audience for the remainder of the Meeting. iii) Any Member other than the Offending Member may appeal the Chair’s ruling in ii), and Council or a Committee may overturn or uphold the Chair’s ruling. Should the Chair’s ruling be overturned, the Offending Member may return to his/her seat. iv) At the next available opportunity in the Meeting, the Chair will offer the Offending Member the opportunity to apologize to Council or a Committee. The apology will not include additional comments or debate by the Offending Member or by Council or a Committee. v) After an apology is made by the Offending Member, Council or a Committee may consent to allow the Offending Member to return to the Meeting. vi) Should, at any point, the Offending Member create a disturbance while seated in the audience in accordance with subsection 10.b)ii), the Chair will order the Offending Member to leave the Council chamber or meeting room. vii) Council cannot appeal the Chair’s ruling in accordance with subsection 10.b) vi). viii) If the Offending Member refuses to leave his/her seat or leave the Council chamber or meeting room as required in subsection 10.b)vi), the Chair may request the CAO to contact security or the police for assistance. Page 46 of 154 By-law No. 6228-19, as amended Page 13 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 13. Right of Public Input and Notice a) The public has the right to have input and receive Notice on Council’s decision-making process. The methods for doing so include: writing to Council through the Clerk; submitting a petition; or speaking as a Delegation. The public will receive Notice in accordance with the requirements of legislation, this Procedure By-law and the Town’s Notice By-law. b) Should an individual wish to be provided with further Notice related to a matter of business before Council or Committee, he/she is required to indicate this wish to the Clerk on the prescribed form, which is available on the Town’s website or at the Town Hall. 14. Members of the Public a) The Chair may expel or exclude any person who disrupts a Meeting, and may request security and/or police assistance in doing so. b) No persons, other than Members and Town staff, are permitted to approach the area where Members and staff are seated. c) Attendees will submit all materials for Council or Committee through the Clerk. d) Attendees are responsible for: i) Maintaining order and not heckling, or engaging in conversations, displaying placards or props or any behavior that may be considered disruptive; ii) Speaking respectfully at all times; iii) Using recording, broadcasting or streaming devices respectfully, and should the Chair direct it, moving or ceasing to use recording, broadcasting or streaming devices. e) All communication devices shall be turned off or set to silent mode during any meeting, with the exception of assistive devices for people with disabilities. Page 47 of 154 By-law No. 6228-19, as amended Page 14 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 15. Preparation of Agendas a) The CAO and his/her staff are charged with providing guidance and recommendations to Council or Committee related to municipal business, and implementing the decisions of Council. b) The CAO chairs a regularly scheduled internal meeting to review draft agenda items in order to support the business of Council. c) The Clerk provides an administrative process to support the approval, preparation, Notice, publication and distribution/public access to agendas and agenda items, following approval by the CAO and/or Director. 16. Availability of Agendas a) Council Meeting agendas are generally available to Members of Council and the public on each Thursday preceding a Meeting. b) Agendas for Committees, including Committee of the Whole, Audit Committee and Budget Committee, are generally available to Members of Council and the public seven (7) days prior to the Meeting date. b) General Committee Meeting agendas are generally available to Members on the Monday that is eight (8) days preceding a General Committee Meeting and are generally available to the public on the following Tuesday. c) Closed Session agendas will be provided to Council in accordance with the publishing timeframes set out in Section 165 a) where required. d) Council Public Planning Meeting agendas are generally available to Members of Council and the public seven (7) days prior to the Meeting date. e) Special General CommitteeCommittee of the Whole and Council, Workshop and emergency Meeting agendas will be provided to Members in accordance with the publishing timeframes set out in the Notice of Meetings section of this Procedure By-law, where required. f) Agendas for Committees, including Audit Committee and Budget Committee and excluding General Committee, are generally available seven (7) days prior to the meeting date. Page 48 of 154 By-law No. 6228-19, as amended Page 15 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 17. Additional Items and Corrections a) An additional item is any item that is to be added to a Council or Committee agenda following publication of the original agenda. b) Any corrections to the agendas of Council or Committee may be listed on the additional items to be distributed, for information only. c) Committees are required to consent to the introduction of additional items by approving the agenda, as amended. d) Requests for items to be added to the agenda as an additional item shall have met at least one of the following conditions: i) Government/agency deadlines; ii) Legal implications; iii) Contractual implications; iv) Financial implications; v) Council or General CommitteeCommittee of the Whole direction; or vi) As directed by the CAO. e) Additional items to Council or General CommitteeCommittee of the Whole Meeting agenda are available on each Monday preceding the Meeting, and further additional items may be provided up to and including the Meeting day. 18. Reports of Council and General CommitteeCommittee of the Whole a) In accordance with established administrative protocols, reports prepared by staff are submitted in writing to the Clerk and distributed with the agenda for the applicable Meeting of Council or General CommitteeCommittee of the Whole. b) Reports prepared by staff members contain information and recommendations prepared in the context of their professional, technical and administrative expertise independent of any particular political, constituent or stakeholder interest. Page 49 of 154 By-law No. 6228-19, as amended Page 16 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 19. Information Reports a) An information report is prepared for the information of Council and generally relates to a matter considered at Council or General CommitteeCommittee of the Whole, or is a matter of Town business. b) An information report does not contain recommendations. c) An Information Report may be requested by Council or General CommitteeCommittee of the Whole in the form of a motion. d) Information reports are circulated directly to Council Members by email and made available to the public on the Town’s website in accordance with the timelines set out in the Availability of Agendas section of this Procedure By-law. Information reports are not published on a General CommitteeCommittee of the Whole or Council agenda unless a Council Member makes such a request to the Clerk. e) Information Reports will be placed on an upcoming General CommitteeCommittee of the Whole agenda at the request of a Council Member. Where required due to urgency or timing, information reports may be considered directly at Council as an item. 20. Meetings a) Meetings Open to the Public i) All Meetings shall be open to the public except as provided for in the Closed Session section of this Procedure By-law. b) Inaugural Meeting i) The first Meeting of a newly elected Council after a regular municipal election shall be held on the first Tuesday in December at 7 p.m. or such other date and time as determined by the Clerk. c) Approval of the Meeting Schedule i) Prior to January 1 of every year, Council approves a Meeting schedule of Council and Standing Committees for each calendar year, which may be amended. The Meeting Schedule is made available to the public on the Town’s website. Page 50 of 154 By-law No. 6228-19, as amended Page 17 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ii) The Meeting schedule of Committees is determined by its Members, in accordance with each Committee’s Terms of Reference and/or prescribed mandate. d) Location of Meetings i) Meetings shall take place at Town Hall, or at another location within the municipality or adjacent to the municipality, as authorized by the Mayor or by Council, or as provided for in the Municipal Act, 2001 when Notice is given. e) Schedule of Meetings i) Meetings shall take place in accordance with the Meeting Schedule as prepared by the Clerk and approved by Council. ii) All Council Meetings will generally be held on the fourth Tuesday of each month at 7 p.m. and General CommitteeCommittee of the Whole Meetings will generally be held on the first and third Tuesday of each month at 7 p.m. Where a Council Meeting day is a public or civic holiday, Council will meet at the same hour on the Wednesday immediately following the holiday. iii) Unless otherwise determined by the Clerk, Council Closed Session will be scheduled at 5:45 p.m. as indicated in the Meeting Schedule prepared by the Clerk and approved by Council. immediately prior to a Council or General Committee Meeting and will recess or adjourn at least ten (10) minutes prior to the scheduled time of the meeting. f) Public Planning Meetings i) Council will meet on the second Tuesday of each month at 7 p.m. for a Council Meeting to consider development-related applications and other matters that have been submitted under the Planning Act, R.S.O. 1990, c. P.13, as amended. g) Quorum i) A majority of Members shall constitute a Quorum. Page 51 of 154 By-law No. 6228-19, as amended Page 18 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ii) As soon as there is a Quorum after the time appointed for commencement of a Meeting, the Mayor or Chair will call the Meeting to order. If a Quorum is not present 30 minutes after the time appointed for commencement of a Meeting, the Clerk shall indicate that no Quorum is present, and the Meeting shall not commence. iii) If during the course of a Meeting, Quorum is lost, the Chair shall declare that the Meeting shall be adjourned until the date of the next scheduled Meeting. The agenda items are deemed to be deferred to the next scheduled Meeting. h) Late Arrival i) If a Member arrives late at a Meeting, any prior discussion is not reviewed without the consent of the Members present. i) Electronic Participation (Section added per By-law No. 6275-20) i) Any member may participate electronically in a Meeting that is open to the public or in Closed Session. ii) Any Member who is participating electronically in a Meeting shall be counted in determining whether or not a Quorum is present at any point in time during the Meeting. iii) For staffing and scheduling purposes, any Council Member who is participating electronically in a General CommitteeCommittee of the Whole or Council Meeting shall notify the Clerk, at least twenty- four (24) hours prior to the General CommitteeCommittee of the Whole or Council Meeting. iv) Delegates may participate electronically in a Meeting, by completing and submitting an Electronic Delegation Request Form to clerks@aurora.ca, in accordance with the Delegation protocols and submission deadlines outlined in this by-law. v) A Member who participates electronically in a Meeting shall have the same rights and responsibilities as if they were in physical attendance, including the right to vote. Page 52 of 154 By-law No. 6228-19, as amended Page 19 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 vi) Electronic participation in a Meeting shall be conducted by way of electronic means, including, but not limited to, audio teleconference, video teleconference, or by means of the internet, following instructions provided by the Clerk in order to ensure that a Meeting may proceed in the most transparent and successful manner under the current timelines and circumstances. 21. Notice of Meetings a) General Provisions i) The Clerk gives Notice of a Meeting by: (a) Posting the annual approved schedule of Meetings; or (b) Using the Town’s social media accounts and website; or (c) Publishing Notice on the Town’s regular advertising page in the local newspaper; or (d) Providing the agenda to Members and the public; or (e) All of the above. ii) Every Notice of a Meeting shall indicate the date, time and place of the Meeting, and the contact information for the Clerk’s office. iii) Nothing in this Procedure By-law shall prevent the Clerk from using more extensive methods of Notice. iv) Nothing in this Procedure By-law shall prevent the Clerk from using longer timeframes for providing Notice. b) Special Meetings of Council or General CommitteeCommittee of the Whole i) A special Meeting of Council or General CommitteeCommittee of the Whole may be called by the Mayor at any time. A special Meeting of Council or General CommitteeCommittee of the Whole is limited to business matters included in the Notice of Meeting. ii) Upon receipt of a written petition from a majority of the Members of Council, the Clerk will summon a special Meeting of Council or General CommitteeCommittee of the Whole for the specific purpose and time identified in the petition. Page 53 of 154 By-law No. 6228-19, as amended Page 20 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 iii) In addition to the general Notice provisions in this Procedure By- law, the Clerk shall give Notice of a special Meeting of Council or General CommitteeCommittee of the Whole by providing an agenda at least twenty-four (24) hours prior to the Meeting or if the Meeting is to be scheduled in less than twenty-four (24) hours, then by providing an agenda at the first opportunity to do so. c) Workshop Meetings i) The Mayor and/or CAO may hold a Workshop Meeting for Members of Council to discuss issues in an informal venue. With the exception of Procedural Matters, no Motions are passed. ii) A record describing, in general terms, the Meeting and the subject matter discussed is made at all Workshop Meetings and placed on a future Council agenda to be received only for the purposes of information. iii) In addition to the general Notice provisions in this section of the Procedure By-law, the Clerk shall give Notice of a Workshop Meeting by providing an agenda at least twenty-four (24) hours prior to the Meeting. iv) Delegations shall not be permitted at Workshop Meetings. d) Cancellation or Postponement of Meetings i) A Meeting may be cancelled or postponed where it is known in advance that Quorum will not be achieved, by Council Resolution, in the event of an emergency or Emergency Weather Event, or where the Meeting is no longer required, as deemed by the CAO. ii) Where possible, the Clerk shall give Notice of cancellations or postponements of Meetings by: (a) Providing Notice to each Member by email notification no less than forty-eight (48) hours prior to the time set for the Meeting; or (b) Providing Notice to the public no less than 3 hours by: Posting a Notice on the Town website; Sending a Notice via the Town’s social media accounts; Page 54 of 154 By-law No. 6228-19, as amended Page 21 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 Posting a Notice on the Town’s regular advertising page in the local newspaper, if time permits; and Where (c) cannot be achieved, posting a Notice at the main entrance to Town Hall. (c) Notwithstanding subsection 19.d) ii), in the case of an emergency or an Emergency Weather Event, the Clerk shall provide Notice to each Member and the public as soon as practically possible. iii) Meetings of Committees may be cancelled or postponed by the Clerk, recording secretary, Chair or other assigned person where Quorum cannot be achieved, by Committee resolution, or in the event of an emergency or Emergency Weather Event. e) Invalidation of Notice of Meeting i) If a Meeting Notice is substantially given, but varies from the form and manner provided in this Procedure By-law, the ability to hold the Meeting and the actions taken at the Meeting are not invalidated. 21.1 (Section formerly numbered 20.1 deleted per By-law No. 6275-20) 22. Closed Session a) Matters of Closed Session i) Council or a Committee may, by Resolution, close a Meeting or part of a Meeting to the public in accordance with section 239 of the Municipal Act, 2001. ii) Council or a Committee may also resolve into a Closed Session to the public for the following purposes: (a) An ongoing investigation respecting the Municipality, a Local Board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, 2001, or the investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001. Page 55 of 154 By-law No. 6228-19, as amended Page 22 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 b) Notice of Closed Session i) Where a matter may be considered by Council or General CommitteeCommittee of the Whole for discussion in Closed Session, wherever possible, written Notice by way of a published agenda will include: (a) The fact that the Meeting will be closed to the public as provided for in the Municipal Act, 2001; and (b) The general nature of the matter to be considered at the Closed Session. c) A Motion to close a Meeting or part of a Meeting to the public shall state the: i) Intention to close the Meeting to the public; and ii) General nature of the matter to be considered at the Closed Session, and the grounds for closing the Meeting as set out in the Municipal Act, 2001. d) Voting during Closed Session i) Only votes relating to procedural matters or direction to staff may be taken during a Closed Session, unless otherwise authorized. e) Upon completion of the Closed Session: i) The Members shall immediately reconvene in open session; ii) The Mayor shall report any outcomes on the Closed Session as necessary; and, iii) If applicable, the Members shall vote on any Resolution(s) originating from the Closed Session. f) Reporting Out and Confidentiality of Closed Session Discussions i) Any required vote will occur following the Closed Session discussion of a Council or Committee Meeting. Page 56 of 154 By-law No. 6228-19, as amended Page 23 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ii) Public General CommitteeCommittee of the Whole and Council Closed Session agendas, minutes or reports shall provide sufficient detail without detrimentally affecting the confidentiality of the matter(s) discussed in Closed Session and the position of the Municipality. iii) Minutes of a Closed Session shall be presented for adoption at a scheduled Meeting of Council that does not occur on the same day. iv) No Member shall disclose or discuss, through written, electronic or verbal communication or any other means, to any individual or corporate third party, any information that has been or will be discussed at a Closed Session of Council or a Committee until such time that Council or a Committee has determined or has been advised by staff that the matter, or any part of the matter, may be made public, subject to review by the head or designate under the Municipal Freedom of Information and Protection of Privacy Act or if directed to do so by a court. g) (Section deleted per By-law No. 6350-21) h) Closed Meeting Investigation i) A person may request that an investigation be undertaken to determine whether Council or Committee complied with the requirements of the Municipal Act, 2001 and this Procedure By-law in respect of a Meeting or part of a Meeting closed to the public. A person may initiate such a request by submitting a written request to the Town Clerk. 23. Speaking Order and Limit a) The Chair shall maintain a list of Members who have requested to speak or ask questions. The Chair shall designate Members to speak or ask questions in the order in which they appear on the list. The Chair shall give priority to Members who have not spoken to the matter previously. b) At Committee Meetings, Members are permitted to speak two (2) times on a matter, the first time being for a maximum of ten (10) minutes, and the second time being for a maximum of five (5) minutes; and Page 57 of 154 By-law No. 6228-19, as amended Page 24 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 c) At Council Meetings, Members are permitted to speak two (2) times on a matter for a maximum of five (5) minutes each time. 24. Rules of Debate a) Members’ comments are relevant to the matter of business before Council or a Committee. Members should avoid comments intended to be statements or assertions. b) Any Member may require a Motion or question under discussion to be read at any time during the debate but not so as to interrupt the Member speaking. c) Members shall express themselves succinctly without repetition. d) Questions may be asked only of: i) The Chair; ii) Staff; iii) A previous speaker; and, iv) A delegation. 25. Order of Business – General CommitteeCommittee of the Whole a) The order of business of General CommitteeCommittee of the Whole is set out in the agenda, as follows, where provided for: i) Approval of the Agenda ii) Declarations of Pecuniary Interest and General Nature Thereof iii) Community Presentations iv) Delegations v) Consent Agenda vi) Advisory Committee Meeting Minutes vii) Community Services Committee Agenda Page 58 of 154 By-law No. 6228-19, as amended Page 25 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 viii) Corporate Services Committee Agenda ix) Finance and Information Technology Committee Agenda x) Administration Committee Agenda xi) Operational Services Committee Agenda vii)xii) Planning and Development Services Consideration of Items Requiring Discussion (Regular Committee Agenda) viii)xiii) Member Motions (Amended per By-law No. 6569-23) ix)xiv) New Business x)xv) Closed Session xi)xvi) Adjournment 26. Order of Business – Council a) The order of business for the Council is set out in the agenda as follows, where provided for: i) Approval of the Agenda ii) Declarations of Pecuniary Interest and General Nature Thereof iii) Community Presentations iv) Delegations v) Consent Agenda vi) Standing Committee Reports vii) Consideration of Items Requiring Discussion (Regular Agenda) viii) (Deleted per By-law No. 6569-23) ix) Regional Report x) New Business Page 59 of 154 By-law No. 6228-19, as amended Page 26 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 xi) Public Service Announcements xii) By-laws xiii) Closed Session xiv) Confirming By-law xv) Adjournment 27. Order of Business – Other a) The order of business for any other meeting type is at the discretion of the Clerk. 28. Record of Meetings a) The Clerk records the minutes of Meetings of General CommitteeCommittee of the Whole and Council without note or comment. The minutes record: i) The date, time and location of the Meeting; ii) The name of the Chair and a record of the attendance at the Meeting; iii) The name and nature of presenters and Delegations; and iv) All Resolutions, decisions and other proceedings of the Meeting; b) Minutes of Committees, excluding standing Committees are submitted to General CommitteeCommittee of the Whole for receipt. c) The receipt of Committee minutes, excluding standing Committee minutes, by Council does not constitute endorsement by the Town of any recommendations or actions contained in the minutes. d) A General CommitteeCommittee of the Whole report is submitted to the next regular Council meeting for consideration of the recommendations to Council. The report from General CommitteeCommittee of the Whole that is presented to Council shall not contain the mover or seconder on each Page 60 of 154 By-law No. 6228-19, as amended Page 27 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 item but rather shall only show recommendations endorsed by the General CommitteeCommittee of the Whole. e) Minutes of each Meeting of Council are presented to the subsequent regular Meeting of Council for approval. The approved minutes form the official record of the Meeting. f) After the Council Meeting minutes have been approved by Council, they shall be signed by the Mayor and Clerk. g) Approved minutes of Council, including the report of the General CommitteeCommittee of the Whole, will be posted on the Town’s website as they become available. h) The Clerk shall ensure that the minutes of each Meeting are made available to Members within a reasonable amount of time after the holding of such Meeting. 29. Changes in Order of Agenda a) The business of General CommitteeCommittee of the Whole and Council is dealt with in the order stated on the published agenda, unless Council consents to changing the order. 30. Declarations of Pecuniary Interest a) Members are required to make declarations of pecuniary interest in accordance with the requirements of the Municipal Conflict of Interest Act and/or other relevant legislation and shall refrain from speaking to and voting on the matter. At a Meeting at which a Member discloses a pecuniary interest, or as soon as possible afterwards, the Member shall file a written statement of the interest and its general nature with the Clerk or the secretary of the Committee or Local Board. b) A public registry of all declarations of pecuniary interest will be maintained by the Clerk in accordance with the Municipal Conflict of Interest Act. c) Where a Meeting is not open to the public, in addition to complying with the requirements set out in the Closed Session section of this Procedure By-law, the Member shall leave the Meeting or the part of the Meeting during which the matter is under consideration. Page 61 of 154 By-law No. 6228-19, as amended Page 28 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 d) Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of Council or Committee, as the case may be, attended by the Member after the particular Meeting. e) The Clerk shall record the particulars of any disclosure of pecuniary interest and general nature thereof made by a Member, and this record shall appear in the minutes of that Meeting. 31. Staff and Community Presentations a) Staff Presentations i) Staff presentations, if related to a report on the agenda shall occur at the time the report is discussed. Presentations by Staff at Meetings shall be a maximum of ten (10) minutes. b) Community Presentations i) Community Presentations may be made by third parties invited by staff to Council or General CommitteeCommittee of the Whole on matters of interest to the Town. Such presentations are received or presented by the Chair. ii) Requests to be added to the Community Presentations section of an agenda shall be submitted to the Clerk at least three (3) weeks prior to the Meeting date. iii) Any accompanying materials must be submitted to the Clerk in an electronic format at least three (3) business days prior to the Meeting date. iv) Community Presentations may be up to five (5) minutes. The consent of Council or General CommitteeCommittee of the Whole is required to extend a presentation beyond five (5) minutes. v) The Clerk may limit the frequency and/or number of times a group or individual may appear before General CommitteeCommittee of the Whole or Council. Page 62 of 154 By-law No. 6228-19, as amended Page 29 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 32. Delegations at Meetings of Council and General CommitteeCommittee of the Whole a) General Provisions i) Delegates shall be encouraged to appear at the appropriate Committee first rather than Council. ii) Anyone wishing to appear before General CommitteeCommittee of the Whole shall register as a delegate by submitting the prescribed form to the Clerk no later than 9 a.m. on the scheduled Meeting date. iii) Anyone wishing to appear before Council shall register as a delegate by submitting the prescribed form to the Clerk no later than 9 a.m. one (1) business day prior to the scheduled Meeting date. iv) Delegates shall advise the Clerk that the audio-visual equipment will be required and shall submit supporting material to the Clerk for approval in an electronic format no later than 4:30 p.m. on the Friday prior to the Meeting date. v) Delegates requesting specific financial assistance or services in- kind from General CommitteeCommittee of the Whole or Council shall be directed to a Budget Committee meeting. Requests made outside the Budget Committee Meeting must include a detailed written request to the Clerk prior to the Meeting, which will be forwarded to the appropriate department for review. A decision will not be made at the Meeting where the Delegation is heard. vi) The Clerk shall give due consideration to the length of the agenda and the number of Delegations and shall advise to the requester the earliest possible date when his/her Delegation may be accommodated. A limit of four (4) Delegations will be considered at a Meeting of General CommitteeCommittee of the Whole, and two (2) Delegations will be considered at a Meeting of Council. vii) The Clerk may limit the frequency and/or number of times a group or individual may appear before General CommitteeCommittee of the Whole or Council. Page 63 of 154 By-law No. 6228-19, as amended Page 30 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 viii) Delegation requests received after the deadline or limit has been reached will be acknowledged by the Clerk but not placed on an agenda. ix) Delegations at General CommitteeCommittee of the Whole and Council Meetings shall be on a subject that is within the jurisdiction or influence of local government. Delegations at a Meeting of Council shall be related to an item of business on the agenda. x) Delegations regarding active planning applications will not be permitted at a Council Meeting xi) Delegates shall refrain from making statements or comments that are, in the opinion of the Chair, frivolous or vexatious in nature. xii) Delegates who share the same position on a matter or are from the same organization, are encouraged to speak in one delegation. xiii) Delegates shall be restricted to a speaking limit of five (5) minutes, regardless of whether they are representing an organization, association or other group. xiv) The consent of Council or General CommitteeCommittee of the Whole is required to grant a delegate one (1) extension of up to five (5) minutes at a Council or General CommitteeCommittee of the Whole Meeting, and to consider more than two (2) Delegations at a Council Meeting. xv) Delegates who appear before General CommitteeCommittee of the Whole are not permitted to make a Delegation in relation to the same item at the following Council Meeting, but may submit written material to Members of Council through the Clerk’s Office. b) Conduct of Delegates i) Delegates shall not make detrimental, offensive or insulting comments, or speak ill of, or malign the integrity of Staff, the public, Council or Committee or other external public agencies. Page 64 of 154 By-law No. 6228-19, as amended Page 31 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ii) Delegates who contravene this section will not be permitted to finish their delegation and will be asked by the Chair to take their seat in the audience. c) Delegations at Council Meetings i) Anyone wishing to speak on an item that is not on the Council agenda may be placed on a Committee agenda to address an issue that is not on the Council agenda. d) Delegations at Public Planning Meetings i) Any person may speak on a matter on the agenda at a Public Planning Meeting. The delegate shall not speak for more than five (5) minutes and shall speak no more than twice on the agenda item. (Amended per By-law No. 6531-23) 33. Consent Agenda a) Consent Agenda will include the following items that do not have presentations or Delegations: i) Receipt of the Minutes (i.e., Special Council, Workshop, Closed Session) (Council Meeting agenda only); ii) Procurement items that are within the approved budget; iii) Communications addressed to Council; iv) Information reports requested by Council through motions; and v) Items as directed by the CAO or Clerk. b) Questions of clarification may be asked by Members about any consent item during the adoption of the Consent Agenda without requiring a separate vote. c) Members shall identify any items contained on the Consent Agenda which they wish to speak to and the matter shall be extracted from the Consent Agenda to be dealt with separately under Consideration of Items Requiring Discussion (Regular Agenda)the appropriate departmental committee Page 65 of 154 By-law No. 6228-19, as amended Page 32 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 section of the Committee of the Whole Meeting, or the Consideration of Items Requiring Discussion (Regular Agenda) of the Council Meeting. d) In the event that a Member declares a pecuniary interest on an item that is included on the Consent Agenda, that item shall be considered under the appropriate departmental committee section of the Committee of the Whole Meeting, or the Consideration of Items Requiring Discussion (Regular Agenda) of the Council Meeting.Consideration of Items Requiring Discussion (Regular Agenda). e) Items on the Consent Agenda or the balance of the items, as the case may be, shall be adopted in one Motion. 34. Member Motions (Section amended per By-law No. 6569-23) a) A Member desiring to introduce a subject for discussion by Council will provide the proposed Motion to the Clerk in writing for inclusion in a regular agenda of General CommitteeCommittee of the Whole by 12 p.m. on the Wednesday prior to the meeting. b) The Motions will be included on the next General CommitteeCommittee of the Whole agenda for consideration and disposition. Motions that are not in order, as determined by the Clerk, will not be included. c) Closed Session Motions may be published as part of a General CommitteeCommittee of the Whole or Council agenda and discussed at the meeting where the motion appears on the agenda. d) The CAO or Staff may be requested to comment on the Motion raised in this section, but no staff report will be prepared unless the Motion, once adopted by Council, is referred to staff for a further report. e) It is the duty of the Member to: i) Prepare the proposed Motion in writing ii) Submit the proposed Motion to the Clerk iii) Ensure the content of the proposed Motion allows for it to be published on a public agenda. Page 66 of 154 By-law No. 6228-19, as amended Page 33 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 35. Regional Report a) The representative of the Town on Regional Council will provide a report at regular Meetings of Council on matters of interest to the Town, when available. 36. New Business a) Any Member of Council or a Committee, at any Meeting, may present and introduce any matter of new business during the New Business portion of the Meeting, and shall have regard to the following guidelines: i) Members are encouraged to raise operational matters prior to the Meeting through the CAO, Director or appropriate Staff; ii) Members are discouraged from raising substantive policy matters, in particular consideration of corporate policies or by-laws; and, iii) Members of Council are encouraged to raise announcements and community events under the Public Service Announcements portion of the Council agenda. 37. Public Service Announcements a) Members may speak for no more than three (3) minutes on public service announcements and community events, unless the consent of Council is granted. 38. By-laws a) By-laws are considered by Council and approved by Motion. b) Every by-law adopted by Council is done so under the seal of the Town and signed by the Clerk and the Mayor. c) All by-laws shall be given first, second and third readings in a single Motion, unless a Member wishes to discuss the contents of a by-law, at which time the subject by-law shall be removed from the Motion and dealt with separately. d) The following types of by-laws may be presented directly to Council without an accompanying staff report: Page 67 of 154 By-law No. 6228-19, as amended Page 34 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 i) Those directed to be presented directly to Council by General CommitteeCommittee of the Whole or Council; ii) The appointment of statutory positions, staff for by-law inspection, municipal law enforcement and provincial offences administration; iii) Consolidation of by-laws or housekeeping amendments; iv) General by-laws where the purpose and intent of the by-law has been clearly authorized by a previous resolution; v) A by-law to levy interim property taxes; vi) A by-law to set tax rates in accordance with the approved budget; vii) Part-lot control by-laws; viii) Assumption by-laws; ix) A by-law to establish a public highway; x) Minor amendments resulting from changes to provincial enabling legislation; and, xi) Other administrative by-laws deemed appropriate by the CAO. e) Every Council Meeting shall be confirmed by by-law so that every decision of Council at that Council Meeting and every Resolution of the Meeting shall have the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted. f) All amendments to any by-law approved by Council shall be deemed to be incorporated into the by-law and if the by-law proposing the amendment is enacted by Council, the amendments shall be inserted by the Clerk. g) All by-laws, including the confirming by-law, shall be voted on prior to Adjournment. 39. Adjournment a) No item of business shall be considered at a Meeting of Council or General CommitteeCommittee of the Whole after 10:30 p.m. unless a Page 68 of 154 By-law No. 6228-19, as amended Page 35 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 majority of the Members present enact a resolution to extend the hour. The Resolution must include a proposed time for adjournment of the Meeting. 40. Correspondence a) Where correspondence is not requested to be included in a Council or General CommitteeCommittee of the Whole agenda, it is circulated by the Clerk to Members, the CAO, Directors and applicable Staff for their information, and forms a part of the Clerk’s records. b) Where correspondence has been requested to be included on a Council or General CommitteeCommittee of the Whole Meeting agenda or on the request of a Member to the Clerk, correspondence is placed on the General CommitteeCommittee of the Whole meeting agenda for consideration. Where required due to urgency or timing, correspondence may be considered directly by Council as an Additional Item. c) The Council’s receipt of correspondence does not constitute endorsement of the correspondence by the Town of any recommendations it may contain or actions it may advocate. 41. Petitions a) Petitions may be submitted to the Clerk and will include a minimum of two (2) persons and their respective addresses unless otherwise required by law, and a clear statement of the purpose for the petition. b) If the petition meets the requirements of the Petition Policy and/or any other related Town Policies, the request conveyed in the petition will be considered by General CommitteeCommittee of the Whole for disposition. Where required due to urgency or timing, petitions may be considered directly by Council. c) Staff may prepare recommendations related to the matter for Council’s consideration. d) The Town is not accountable for the accuracy or reliability of petitions that are submitted. Page 69 of 154 By-law No. 6228-19, as amended Page 36 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 42. Motions from Other Municipalities a) All requests for endorsement of resolutions from other municipalities will be electronically circulated to Council and acknowledged by the Clerk, with the advice that the Town does not take action on resolutions received from other municipalities, but rather makes its position known through the appropriate municipal association, or alternatively, directly to the relevant Minister or government leader. b) A Member of Council may request that a resolution from another municipality be added to a General CommitteeCommittee of the Whole agenda for consideration. c) The Council’s receipt of resolutions from other municipalities does not constitute endorsement by the Town of any recommendations or actions they may contain. 43. Motions – Impact on Corporate Resources a) The CAO will advise on the appropriate means of disposition for matters that make an impact on administration. b) Council is not required to pass a Motion that makes an impact on corporate resources where a matter: i) Has already been approved by Council; ii) Is considered by the CAO to be minor in nature; and/or, iii) Falls within existing service levels. 44. Procedures Concerning Motions a) General Rules i) Every Motion in any Meeting of Council or Committee requires a mover and a seconder. ii) When duly moved and seconded, every Motion, other than a Motion to adjourn, recess, table or suspend the rules of this Procedure By- law, is open for discussion. Page 70 of 154 By-law No. 6228-19, as amended Page 37 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 iii) No debate is permitted on any Motion or amending Motion until it has been properly seconded. iv) A Member may move a Motion in order to initiate discussion and debate, but vote in opposition to the Motion. A seconder of the Motion may vote against the Motion. v) A Motion or amending Motion may not be withdrawn without the consent of the mover and seconder. vi) The Chair of a Meeting of Council or a Committee will not move or second a Motion. All Members of Council or a Committee will vote on all Motions except in the instance where the Member refrains from voting on an issue due to a declaration of a pecuniary interest in the matter by the Member. If any Member does not vote, he/she will be deemed as voting in the negative (except where prohibited from voting by statute). b) Motion under Debate i) When a Motion is under debate, no other Motion may be considered except for the following Motions, to be considered in the listed order of priority: (a) To adjourn; (b) To recess; (c) To table an item; (d) To put the question to a vote or call the vote; (e) To defer; (f) To refer; (g) To amend. c) Motion to Adjourn i) A Motion to adjourn means a Motion to end a Meeting. ii) A Motion to adjourn is not debatable and shall always be in order except when: Page 71 of 154 By-law No. 6228-19, as amended Page 38 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 (a) Another Member is in possession of the floor; (b) A vote has been called; or (c) Members are voting. iii) A Motion to adjourn is not amendable, except when moved to set future time for adjourning. iv) A Motion to adjourn shall take precedence over any other Motion and shall be put immediately without debate. d) Motion to Recess i) A Motion to recess means to suspend a meeting for a specific length of time. ii) A Motion to recess when other business is before the Meeting: (a) Specifies the length of time of the recess; (b) Is debatable as to the length or timing of the recess; and (c) Can only be amended with respect to the length of the recess. e) Motion to Table i) A Motion to table means to postpone a matter without setting a definite date for future discussion for a matter. A tabled Motion that has not been decided on by Council during the term of Council in which the Motion was introduced is deemed to have been withdrawn. ii) A Motion to table: (a) Is not to be amended or debated; and (b) Applies to the Motion and any amendments thereto under debate at the time when the Motion to table was made. iii) If the Motion to table carries, in the absence of any direction from Council, the matter may not be discussed until the CAO, or a Member through a Motion, brings it forward to a subsequent Meeting. Page 72 of 154 By-law No. 6228-19, as amended Page 39 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 f) Motion “To Put the Question to a Vote” or “To call the Vote” i) A Motion “To Put the Question to a Vote” or “To call the Vote” means to stop debate and immediately proceed to vote on the Motion. ii) Any Member may request the Chair “To Put the Question to a Vote” or “To call the Vote” by presenting a Motion that the question “now be put to a vote.” A Motion to put the question to a vote must: (a) Be seconded; (b) Is not open to debate; (c) Immediately put to a vote without debate; (d) Requires a 2/3 majority vote to close debate. g) Motion to Refer i) A Motion to refer means to direct a matter under discussion by Council or a Committee to Staff or another Committee for further examination or review. ii) A Motion to refer a matter under consideration to a Committee or to Staff: (a) Shall be debatable as to the rationale of referring, and cannot go into the merits of the Motion or subject being referred; and (b) May be amended as to the Committee or group to whom it is being referred, as to the time the Committee or Staff reports back, and as to directions given to the Committee or Staff; and (c) Includes the terms on which the Motion is being referred and the time at which the matter is to be returned; and (d) Includes the reasons for the referral. iii) This Motion may be delayed by the Chair in order to permit Members on the speaking list to speak. h) Motion to Defer Page 73 of 154 By-law No. 6228-19, as amended Page 40 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 i) A Motion to defer means to postpone all discussion on a matter until a future date or time, one which is established as part of the Motion. ii) A Motion to defer to a certain time or date: (a) Is open to debate as to advisability of postponement and cannot go into the merits of the Motion or subject being postponed; and (b) May be amended as to the time or date to which the matter is to be deferred. iii) This Motion may be delayed by the Chair in order to permit Members on the speaking list to speak. i) Motion to Amend i) The purpose of this Motion is to modify a Motion. It cannot be used to directly contradict or negate the effect of another Motion. ii) A Motion to amend: (a) Is open to debate; and, (b) Is to be relevant to the main Motion; and (c) Is applied to a Motion at one time, and that amendment may be amended [by a secondary amendment], which then cannot be amended. iii) If a Motion to amend is not considered a Friendly Amendment, then the Motion to amend: (a) If more than one Motion, will be put to a vote in the reverse order to that in which they were moved; (b) Will be decided upon or withdrawn before the main Motion is put to the vote; (c) Will not be amended more than once, provided that further amendments may be made to the main Motion; and, (d) Will not be directly contrary to the main Motion. j) Motion Containing Two or More Matters Page 74 of 154 By-law No. 6228-19, as amended Page 41 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 i) When the Motion under consideration concerns two (2) or more matters, the Chair, upon the request of any Member, will direct that the vote upon each matter be taken separately. Such request may also be made by the Chair. ii) A vote on the main Motion or the Motion, as amended, may be split for the purpose of complying with the Municipal Conflict of Interest Act, or at the discretion of the Chair. k) Withdrawal of Motion i) A request to withdraw a Motion: (a) May only be made by the mover of the Motion; (b) Requires consent of the seconder of the Motion; and, (c) Is in order any time during the debate. l) Adoption in a Single Motion i) One or more items on an agenda may be adopted in a single Motion. 45. Voting a) General Rules i) After a Motion is finally put to a vote by the Chair, no Member speaks to it nor will any other Motion be made until after the vote is taken and the result has been declared. ii) All Members of Council or a Committee will vote on all Motions. Failure by any Member to announce his/her vote openly and individually, including an “abstention,” is deemed to be a vote in the negative. iii) Each Member present and voting announces or indicates his/her vote upon the Motion openly and individually, and no vote is taken by ballot, or any other method of secret voting. b) Majority Vote i) A majority means more than half of the Members present, or: Page 75 of 154 By-law No. 6228-19, as amended Page 42 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 (a) If 7 Members present: 4 (b) If 6 Members present: 4 (c) If 5 Members present: 3 ii) Unless this Procedure By-law states otherwise, a matter passes when a majority of Members present vote in the affirmative. iii) Where required in this Procedure By-law, a two-thirds majority means 2/3 of the Members present, or: (a) 2/3 of 7: 5 (b) 2/3 of 6: 4 (c) 2/3 of 5: 4 (d) 2/3 of 4: 3 c) Tie Vote i) Any Motion on which there is a tie vote is deemed to be defeated. d) Recorded Vote i) A recorded vote is only permitted at Council Meetings and will be taken at the request of a Member prior to the commencement of the vote being taken or immediately thereafter. ii) A Member of Council’s failure to participate in a recorded vote when he/she has not declared a pecuniary interest is deemed to be a negative vote. iii) A recorded vote at Council Meetings will be taken as set out in a) or b) below: (a) Each Member announces his/her vote openly, and the Clerk records his/her vote in the minutes. Votes are called in random order as determined by the Clerk. (b) Each Member first indicates his/her vote by using an electronic device. Each Member’s vote is then electronically displayed on a screen, and the Clerk announces the outcome of the vote and records each Member’s vote in the minutes. Page 76 of 154 By-law No. 6228-19, as amended Page 43 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 iv) Notwithstanding recorded votes, a record or notation of a Member’s opposition to an issue is not recorded in any Meeting minutes. 46. Reconsideration of a Matter a) Council cannot reconsider a matter until six (6) months have passed from the date of the matter’s original disposition by Council, except upon a vote in the affirmative of two-thirds majority of the Members present. b) Decisions which contractually bind the Town shall not be reconsidered. c) A Motion to reconsider shall be introduced by way of a Member Motion and considered either at the next General CommitteeCommittee of the Whole Meeting or at a special Meeting called to reconsider the Motion unless the Council, without debate, dispenses with the requirement for a Member Motion on a two-thirds vote. (Amended per By-law No. 6569-23) d) A Motion to reconsider is debatable, which debate will be restricted to the rationale for reconsidering the matter, and no debate of the main Motion shall be allowed until the Motion for reconsideration is carried. e) Once the reconsideration Motion has carried, the matter is reopened in its entirety unless the reconsideration Motion specifies otherwise. f) If the matter is reopened, all previous decisions of the Council remain in force until the Council decides otherwise. g) No Motion to reconsider may, itself, be the subject of a Motion to reconsider. h) Notwithstanding the time period set out in s. 45 (a), if a Council matter was lost as a result of a tie vote due to an absent Member, the matter may be reconsidered at the next Council meeting via a Motion to reconsider carried by a majority of the Members present. 47. Point of Order a) A Member may interrupt the person who has the floor to raise a Point of Order when such Member feels that there has been: i) A deviation or departure from this Procedure By-law; or Page 77 of 154 By-law No. 6228-19, as amended Page 44 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 ii) A deviation from the matter under consideration and the current discussion is not within the scope of the proposed Motion. b) Upon hearing such Point of Order, the Chair decides and states his/her ruling on the matter. c) Upon hearing the Point of Order ruling, a Member only addresses the Chair for the purpose of appealing the Chair’s decision to the Council or a Committee. d) If no Member appeals, the decision of the Chair is final. e) If a Member appeals the Chair’s ruling to the Council or a Committee, the Member has the right to state his/her case, the Chair has the right to reply and the Council or Committee decides the question of whether the decision of the Chair be sustained without further debate. The decision of the majority of the Members who are present at the Meeting is final. 48. Point of Personal Privilege a) A Member may rise at any time on a Point of Personal Privilege where such Member feels that the health, safety, rights, or integrity of his/her own person, the Council, a Committee Member, Staff or anyone present at the Meeting has been called into question by another Member or by anyone present at the Meeting. b) Upon hearing such Point of Personal Privilege, the Chair decides and states his/her ruling on the matter. c) Where the Chair rules that a breach of privilege has taken place, he/she demands that the offending Member or individual apologize and, failing such apology, requires said Member or individual to vacate the Meeting room for the duration of the Meeting. d) With the exception of providing an apology, the Member addresses the Chair for the purpose of appealing the Chair’s ruling of a breach of privilege to the Council or a Committee. e) If no Member appeals, the decision of the Chair is final. Page 78 of 154 By-law No. 6228-19, as amended Page 45 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 f) If a Member appeals the Chair’s ruling to the Council or a Committee, the Member has the right to state his/her case, the Chair has the right to reply and the Council or Committee decides the question of whether the decision of the Chair be sustained without further debate. The decision of a majority of the Members who are present at the Meeting is final. 49. Public Record a) All communications that the Clerk receives about a matter on the agenda of a public or open Meeting will form part of the public record. Personal information and opinions in communications are part of the public record unless the author of the communication requests the removal of his/her personal information when submitting it, or where confirmed by the Clerk. 50. Administrative Authority of Clerk a) The Clerk is authorized to amend by-laws, minutes and other Council and Committee documentation for technical, typographical or other administrative errors and omissions for the purpose of ensuring an accurate and complete record of proceedings. b) The Clerk is authorized to create and amend an annotated version of the Procedure By-law from time to time, to assist Members in complying with the rules as enforced and interpreted. 51. Recording, Broadcasting and/or Live Streaming Meetings a) All Meetings with a Quorum of Members shall be audio and/or visually recorded, broadcast and/or live streamed publicly by the Town, with the exception of Meetings closed to the public provided for in the Closed Session section of this Procedure By-law. b) All Meetings of Committee of Adjustment, Property Standards Committee, and other quasi-judicial bodies or Committees of the Town shall be audio and/or visually recorded, broadcast and/or live streamed publicly by the Town, with the exception of Meetings closed to the public provided for in the Closed Session section of this Procedure By-law. c) Attendees using their own recording, broadcasting and/or streaming devices are encouraged to inform the Clerk or recording secretary to ensure attendees at the Meeting are notified through the Chair. Page 79 of 154 By-law No. 6228-19, as amended Page 46 of 46 Town of Aurora Procedure By-law Effective January 1, 2020 d) The approved minutes of a Meeting will form the official record of the Meeting. Any audio, video, or other record of the Meeting shall not be considered an official record. 52. Review of Procedure By-law a) Council shall review this By-law within the first six (6) months of the second year of each term of Council. b) The Clerk shall bring forward housekeeping amendments, as required or as directed by Council. 53. Severability a) Each and every one of the provisions of this Procedure By-law is severable and if any provisions of this Procedure By-law should, for any reason, be declared invalid by any Court, it is the intention and desire of Council that each and every one of the then remaining provisions of this Procedure By- law shall remain in full force and effect. 54. Enactment a) By-law Number 6068-18 be and is hereby repealed. b) This By-law shall come into full force and effect on January 1, 2020. Page 80 of 154 By-law No. XXXX-24 Page 1 of 45 Town of Aurora Procedure By-law Effective XX The Corporation of the Town of Aurora By-law Number XXXX-24 Being a By-law to govern the proceedings of Council and Committee meetings of the Town of Aurora. Whereas subsection 238 (2) of the Municipal Act, 2001 requires every Council and local board to adopt a Procedure by-law for governing the calling, place and proceedings of Meetings; And whereas subsection 11 (2) of the Municipal Act, 2001 provides that upper and lower tier municipalities may pass by-laws respecting accountability and transparency of the municipality and its operations and of its local boards and their operations; and, And whereas it is Council’s desire to follow a process of municipal governance that reflects an open, transparent government; And whereas Council, in the interest of good governance, recognizes a Procedure By-law as a hallmark of accountability and transparency; and, And whereas Council considers it necessary to enact a by-law in this regard and to repeal Procedure By-law Number 6068-18; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1.Definitions In this Procedure By-law: a)“CAO” means the Chief Administrative Officer of the Town or his/her designate; b)“Chair” means the presiding officer at a meeting of Council or a Committee; c)“Clerk” means the Clerk of the Town or his/her designate; Attachment 2 Page 81 of 154 By-law No. XXXX-24, as amended Page 2 of 45 Town of Aurora Procedure By-law Effective XX d) “Closed Session” means a Meeting, or part of a Meeting of Council or a Committee, which is closed to the public as permitted by the Municipal Act, 2001; e) “Code of Ethics” means the “Code of Ethics”, a declaration of the principles of good conduct and ethics. f) “Committee” means any Standing Committee of Council or an advisory or special Committee established by Council from time to time; g) “Confirming By-law” means a by-law passed for the purpose of giving effect to a previous decision or proceeding of Council; h) “Council” means the Members of Council of the Town of Aurora; i) “Delegation” means an address to Council or a Committee at the request of a person wishing to speak; j) “Deputy Mayor” means the Member appointed to assume the duties, rights, powers and authority of the Mayor in the circumstances set out in Section 242 of the Municipal Act, 2001; (Amended per By-law No. 6453- 22) k) “Director” means a Director of the Town or his/her designate or successor in title; l) “Emergency Weather Event” means an emergency weather event as defined by Town Policy No. HR-23 – Facility Closure – Inclement Weather/Power Failure – as may be amended from time to time; m) “Friendly Amendment” means an amendment to the Motion under debate with the consent of the mover and seconder only, and without the requirement for an amending Motion to be made; n) “Frivolous” means without merit or substance or is trivial; o) “Head” means the individual or body determined to be head under the Municipal Freedom of Information and Protection of Privacy Act, 1990 p) “Inaugural Meeting” means the first Meeting of Council after a regular election; Page 82 of 154 By-law No. XXXX-24, as amended Page 3 of 45 Town of Aurora Procedure By-law Effective XX q) “Local Board” means a local board defined by the Municipal Act, 2001; r) “Mayor” means the Mayor of the Town; s) “Meeting” means any regular, special or other Meeting of Council or a Committee and includes a Workshop; t) “Member” means any individual elected to Council or a person appointed by Council to a Committee; u) “Motion” means a proposal moved by a Member, and seconded by another Member, to adopt, amend, or otherwise deal with a matter before Council or a Committee; v) “Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as amended; w) “Municipal Conflict of Interest Act” means the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended; x) “Municipality” means The Corporation of the Town of Aurora; y) “Notice” means written notice, except where legislation, by-law or policy of the Town provides for another form and manner of notice; z) “Offending Member” means a Member who has been found by the Chair or by Council or by a Committee to have disobeyed a rule in this Procedure By-law or a Chair’s ruling; aa) “Point of Order” means a Motion raised by a Member drawing attention to an infraction of this Procedure By-law; bb) “Point of Personal Privilege” means a Motion raised by a Member which concerns the health, safety, rights, or integrity of the Member, the Council, a Committee, Staff or anyone present at a Meeting; cc) “Procedural Matter” means a matter or Motion of a procedural nature; dd) “Public Planning Meeting” means a Meeting held pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, or other statute; Page 83 of 154 By-law No. XXXX-24, as amended Page 4 of 45 Town of Aurora Procedure By-law Effective XX ee) “Quorum” means the number of Members required for the legal conduct of the business of Council or a Committee. ff) “Resolution” means the decision of Council on any Motion; gg) “Robert’s Rules of Order” means the most current edition of Robert’s Rules of Order, Newly Revised; hh) “Rules of Procedure” means the rules and regulations contained in this Procedure By-law and that govern the proceedings of Council and its Committees; ii) “Staff” means an employee(s) of the Town; jj) “Standing Committee” means a Committee established by Council and consisting solely of all Members of Council; kk) “Town” means The Corporation of The Town of Aurora; ll) “Town Hall” means the municipal offices located at 100 John West Way, Aurora, Ontario; mm) “Vexatious” means without merit and pursued in a manner that is malicious or intended to embarrass or harass the recipient or others; nn) “Workshop” means a Meeting of Council or Committee for the purpose of discussing issues in an informal venue. 2. Purpose and Application a) This By-law shall be known as the Procedure By-law and establishes the rules of procedure for Council and Committee Meetings. 3. Principles of the Procedure By-law a) The principles of openness, transparency and accountability to the public guide the Town’s decision-making process. In the context of Council and Committee proceedings, this is accomplished by: i) Ensuring the decision-making process is understood by the public and other stakeholders; Page 84 of 154 By-law No. XXXX-24, as amended Page 5 of 45 Town of Aurora Procedure By-law Effective XX ii) Providing access to information and opportunities for input by the public and other stakeholders consistent with the requirements of this Procedure By-law and other statutory requirements; iii) Exercising and respecting individual and collective roles and responsibilities provided for in this Procedure By-law and other statutory requirements. b) The protection of basic rights by recognizing the right of the majority to decide, the minority to be heard and individuals to have the opportunity to participate. c) The principles of parliamentary law governing Council and Committee Meetings include: i) Every Member has the right to one vote, unless prevented by law; ii) Each Member has the right to be heard on a matter, unless prevented by law; iii) Each Member has the right to information to help make decisions, unless prevented by law; iv) Each Member has the right to an efficient meeting; v) Each Member has the right to be treated with respect and courtesy; vi) Each Member represents the public and will first and foremost consider the well-being and interests of the Municipality. 4. Interpreting the Procedure By-law a) In the event of conflict between this Procedure By-law and legislation, the provisions of the legislation prevail. b) If there is a conflict between two or more rules in this Procedure By-law, or if there is no specific rule on a matter, the Chair will rule. In making a ruling, the Chair may consult the Clerk, rely on previous rulings and practices, or refer to Robert's Rules of Order. Page 85 of 154 By-law No. XXXX-24, as amended Page 6 of 45 Town of Aurora Procedure By-law Effective XX 5. Suspension of Rules a) Rules of Procedure provided for in this Procedure By-law may be suspended by a two-thirds majority vote of Council or a Committee, with the exception of the following circumstances: i) Where required by law; ii) Contractual agreements binding the Town; iii) Quorum requirements. b) A Motion to suspend the Rules of Procedure required by this Procedure By-law shall not be debatable or amendable. 6. Standing Committees a) Committee of the Whole i) The Committee of the Whole shall be comprised of all Members of Council. ii) The Committee of the Whole may consider delegations, Community presentations, correspondence, staff reports and matters which may require more elaboration and discussion than would be appropriate in a Council Meeting and such other matters as Council may determine. Recommendations from Committee of the Whole will be considered by Council. b) Audit Committee i) The Audit Committee shall be comprised of all Members of Council. ii) The Audit Committee shall: (a) Review audited financial statements; (b) Review significant management letter comments and related recommendations; (c) Review the appointment of auditors; and (d) Make recommendations regarding the above to Council. Page 86 of 154 By-law No. XXXX-24, as amended Page 7 of 45 Town of Aurora Procedure By-law Effective XX iii) The Committee’s mandate shall include operational reviews. iv) Meetings will be held at the call of the Chair. Agendas will be distributed to Members of Council at least forty-eight (48) hours prior to the Meeting. c) Budget Committee i) The Budget Committee will be comprised of all Members of Council. ii) The Budget Committee shall make recommendations to Council on approval of the Town’s annual operating and capital budgets. iii) The Budget Committee has delegated authority to: (a) Approve the Meeting minutes of the Budget Committee; (b) Direct staff to bring forward information to the Budget Committee as needed, and defer matters to a future Committee of the Whole or Budget Committee meeting; and (c) Direct staff to prepare and bring forward for Council’s consideration a report summarizing Committee recommendations on the annual capital and operating budgets. iv) Budget Committee Meetings will be held as outlined in the Meeting Schedule, as approved by Council. 7. Committees a) When not provided for in the Committees’ Terms of Reference or the Town Policy for Ad Hoc/Advisory Committees and Local Boards, the Rules of Procedure set out in this Procedure By-law shall govern all Meetings of all Committees, including any ad hoc, Advisory Committees, or Local Boards. 8. Chair of Meeting a) The Chair is the presiding officer at a Meeting of Council or a Committee. b) The Chair of a Meeting of Council, Audit Committee, Budget Committee, a Closed Session or a Workshop Meeting is the Mayor. In the absence of the Mayor, the Deputy Mayor is Chair. Page 87 of 154 By-law No. XXXX-24, as amended Page 8 of 45 Town of Aurora Procedure By-law Effective XX c) The Chair of a Meeting of Committee of the Whole shall be the Mayor. d) In the absence of the person appointed as Chair, the Members shall appoint one of their Members as Chair for the purpose of that Meeting. e) The Chair and any Vice Chairs of other Committees are appointed in accordance with the Town’s Policy for Ad Hoc/Advisory Committees and Local Boards, or their Terms of Reference. 9. Duties of the Chair a) The Chair is responsible for, where applicable: i) Carrying out the roles and responsibilities of his/her role as described in the Municipal Act, 2001; ii) Chairing the Meeting in an objective manner in accordance with this Procedure By-law; iii) Enforcing the Rules of Procedure in this Procedure By-law; iv) Enforcing order and good behaviour of all Members at all times; v) Announcing the business before Council or a Committee and the order in which it is to be considered; vi) Receiving, stating and framing all Motions presented to clarify their intent as moved; vii) Ruling on whether a Motion is in order; viii) Protecting Council or a Committee from a Motion that is obviously Frivolous or tending to cause delay by refusing to acknowledge the Motion; ix) Providing information to Members on any matter related to the business of Council or a Committee; x) Deciding to acknowledge, and ruling on, whether a Point of Order or Point of Personal Privilege is in order subject to an appeal by any Member to the Council or a Committee on any question of order in Page 88 of 154 By-law No. XXXX-24, as amended Page 9 of 45 Town of Aurora Procedure By-law Effective XX respect to business before the Council or a Committee, and giving the facts, circumstances and reasons for the ruling; xi) Calling a vote on the question of sustaining the ruling of the Chair, and announcing the results of the vote, if there is an appeal to the ruling of the Chair. In this regard, the Chair may provide further explanation of the ruling prior to calling the vote; xii) Recessing a Meeting for a brief, specified time to consult the Clerk, the CAO or other staff person if necessary; xiii) Recessing the Meeting for a specified time if there is a threat or imminent threat to the health or safety of any person, or if there is a possibility of public disorder; xiv) Ensuring that Members take a health break by announcing a minimum ten (10) minute recess after two (2) hours have passed since the last break; xv) Ensuring that all Members who wish to speak on a Motion have spoken; xvi) Ensuring clarity, where required, by reading, or requesting the Clerk, recording secretary or other appropriate person to read Motions before voting; xvii) Putting all Motions to a vote and announcing results; xviii) Voting on all matters unless the Municipal Conflict of Interest Act prohibits it; xix) Declining to put to a vote any Motion which contravenes this Procedure By-law; xx) Calling Members to order; xxi) Adjourning the Meeting when the business of the Meeting has concluded; and, xxii) Signing all by-laws, Resolutions, and minutes when required. Page 89 of 154 By-law No. XXXX-24, as amended Page 10 of 45 Town of Aurora Procedure By-law Effective XX 10. Deputy Mayor (Section added per By-law No. 6453-22) a) The Deputy Mayor shall be composed of all Ward Council Members with appointments running concurrently on a monthly rotation basis. The Clerk shall prepare and circulate a schedule for the rotation of the Deputy Mayor at the beginning of each term of Council for the entire term of Council, as follows: i) Each Ward Councillor shall hold the position of Deputy Mayor for seven (7) non-consecutive months throughout the term of Council; ii) Each Ward Councillor shall be the Deputy Mayor in July or August once over the course of the term of Council; and, iii) No Deputy Mayor will be appointed in July, August, September, October, November and December of a Municipal Election Year. b) Ward Councillors shall notify the Clerk of any exchanges of their appointed months with other Ward Councillors due to a foreseen absence. c) The Deputy Mayor shall act in the absence of the Mayor in the following circumstances: i) When the Office of Mayor is vacant; ii) When the Mayor is absent due to illness, or scheduling conflict; iii) When the Mayor is absent from the Town; iv) When the Mayor refuses to act; or v) When the Mayor declares a conflict of interest. d) The Deputy Mayor has, and may exercise all the rights, powers, and authority of the Mayor as Head of Council in the Mayor’s absence, as defined in Section 241 and 242 of the Municipal Act, 2001. 11. Members of Council and Committees a) Members are responsible for, where applicable: Page 90 of 154 By-law No. XXXX-24, as amended Page 11 of 45 Town of Aurora Procedure By-law Effective XX i) Carry out the responsibilities of the role of Council as described in the Municipal Act, 2001, Municipal Conflict of Interest Act and any other legislation; ii) Attending scheduled Meetings; iii) Carefully considering and making decisions about Meeting business, including seeking information and advice from staff prior to and during a Meeting; iv) Voting on Motions put to a vote, unless the Municipal Conflict of Interest Act prohibits it; v) Respecting the Rules of Procedure in this Procedure By-law; vi) Listening attentively, participating in a Meeting and not interrupting, unless to raise a Point of Order or Point of Personal Privilege; vii) Remaining silent in their seats while Council or a Committee votes and until the Chair announces the result of the vote; viii) Refraining from using indecent, offensive or insulting language or speak disrespectfully of any individual. ix) Refraining from engaging in private conversation while in the Meeting or using communication devices in any manner that disrupts the Member speaking or interrupts the business of Council; x) Respecting and following the decisions of Council or a Committee; xi) Not disclosing any of the content of a Meeting that was closed to the public or provide confidential documents or materials to unauthorized individuals; xii) Complying with the Chair’s rulings and Council’s decisions; and xiii) Complying with the Council Code of Ethics. 12. Breach of Rules a) If a Member disobeys a rule in this Procedure By-law or a Chair’s ruling: Page 91 of 154 By-law No. XXXX-24, as amended Page 12 of 45 Town of Aurora Procedure By-law Effective XX i) After the first occurrence, the Chair calls the Member to order. ii) After the second occurrence, if the Member continues to disobey this Procedure By-law or the Chair’s ruling, the Chair will immediately order the Member to leave his/her seat and observe the Meeting from the audience for the remainder of the Meeting. iii) Any Member other than the Offending Member may appeal the Chair’s ruling in ii), and Council or a Committee may overturn or uphold the Chair’s ruling. Should the Chair’s ruling be overturned, the Offending Member may return to his/her seat. iv) At the next available opportunity in the Meeting, the Chair will offer the Offending Member the opportunity to apologize to Council or a Committee. The apology will not include additional comments or debate by the Offending Member or by Council or a Committee. v) After an apology is made by the Offending Member, Council or a Committee may consent to allow the Offending Member to return to the Meeting. vi) Should, at any point, the Offending Member create a disturbance while seated in the audience in accordance with subsection 10.b)ii), the Chair will order the Offending Member to leave the Council chamber or meeting room. vii) Council cannot appeal the Chair’s ruling in accordance with subsection 10.b) vi). viii) If the Offending Member refuses to leave his/her seat or leave the Council chamber or meeting room as required in subsection 10.b)vi), the Chair may request the CAO to contact security or the police for assistance. 13. Right of Public Input and Notice a) The public has the right to have input and receive Notice on Council’s decision-making process. The methods for doing so include: writing to Council through the Clerk; submitting a petition; or speaking as a Delegation. The public will receive Notice in accordance with the Page 92 of 154 By-law No. XXXX-24, as amended Page 13 of 45 Town of Aurora Procedure By-law Effective XX requirements of legislation, this Procedure By-law and the Town’s Notice By-law. b) Should an individual wish to be provided with further Notice related to a matter of business before Council or Committee, he/she is required to indicate this wish to the Clerk on the prescribed form, which is available on the Town’s website or at the Town Hall. 14. Members of the Public a) The Chair may expel or exclude any person who disrupts a Meeting, and may request security and/or police assistance in doing so. b) No persons, other than Members and Town staff, are permitted to approach the area where Members and staff are seated. c) Attendees will submit all materials for Council or Committee through the Clerk. d) Attendees are responsible for: i) Maintaining order and not heckling, or engaging in conversations, displaying placards or props or any behavior that may be considered disruptive; ii) Speaking respectfully at all times; iii) Using recording, broadcasting or streaming devices respectfully, and should the Chair direct it, moving or ceasing to use recording, broadcasting or streaming devices. e) All communication devices shall be turned off or set to silent mode during any meeting, with the exception of assistive devices for people with disabilities. 15. Preparation of Agendas a) The CAO and his/her staff are charged with providing guidance and recommendations to Council or Committee related to municipal business, and implementing the decisions of Council. Page 93 of 154 By-law No. XXXX-24, as amended Page 14 of 45 Town of Aurora Procedure By-law Effective XX b) The CAO chairs a regularly scheduled internal meeting to review draft agenda items in order to support the business of Council. c) The Clerk provides an administrative process to support the approval, preparation, Notice, publication and distribution/public access to agendas and agenda items, following approval by the CAO and/or Director. 16. Availability of Agendas a) Council Meeting agendas are generally available to Members of Council and the public on each Thursday preceding a Meeting. b) Agendas for Committees, including Committee of the Whole, Audit Committee and Budget Committee, are generally available to Members of Council and the public seven (7) days prior to the Meeting date. c) Closed Session agendas will be provided to Council in accordance with the publishing timeframes set out in Section 16 a) where required. d) Council Public Planning Meeting agendas are generally available to Members of Council and the public seven (7) days prior to the Meeting date. e) Special Committee of the Whole and Council, Workshop and emergency Meeting agendas will be provided to Members in accordance with the publishing timeframes set out in the Notice of Meetings section of this Procedure By-law, where required. 17. Additional Items and Corrections a) An additional item is any item that is to be added to a Council or Committee agenda following publication of the original agenda. b) Any corrections to the agendas of Council or Committee may be listed on the additional items to be distributed, for information only. c) Committees are required to consent to the introduction of additional items by approving the agenda, as amended. d) Requests for items to be added to the agenda as an additional item shall have met at least one of the following conditions: Page 94 of 154 By-law No. XXXX-24, as amended Page 15 of 45 Town of Aurora Procedure By-law Effective XX i) Government/agency deadlines; ii) Legal implications; iii) Contractual implications; iv) Financial implications; v) Council or Committee of the Whole direction; or vi) As directed by the CAO. e) Additional items to Council or Committee of the Whole Meeting agenda are available on each Monday preceding the Meeting, and further additional items may be provided up to and including the Meeting day. 18. Reports of Council and Committee of the Whole a) In accordance with established administrative protocols, reports prepared by staff are submitted in writing to the Clerk and distributed with the agenda for the applicable Meeting of Council or Committee of the Whole. b) Reports prepared by staff members contain information and recommendations prepared in the context of their professional, technical and administrative expertise independent of any particular political, constituent or stakeholder interest. 19. Information Reports a) An information report is prepared for the information of Council and generally relates to a matter considered at Council or Committee of the Whole, or is a matter of Town business. b) An information report does not contain recommendations. c) An Information Report may be requested by Council or Committee of the Whole in the form of a motion. d) Information reports are circulated directly to Council Members by email and made available to the public on the Town’s website in accordance with the timelines set out in the Availability of Agendas section of this Procedure By-law. Information reports are not published on a Committee Page 95 of 154 By-law No. XXXX-24, as amended Page 16 of 45 Town of Aurora Procedure By-law Effective XX of the Whole or Council agenda unless a Council Member makes such a request to the Clerk. e) Information Reports will be placed on an upcoming Committee of the Whole agenda at the request of a Council Member. Where required due to urgency or timing, information reports may be considered directly at Council as an item. 20. Meetings a) Meetings Open to the Public i) All Meetings shall be open to the public except as provided for in the Closed Session section of this Procedure By-law. b) Inaugural Meeting i) The first Meeting of a newly elected Council after a regular municipal election shall be held on the first Tuesday in December at 7 p.m. or such other date and time as determined by the Clerk. c) Approval of the Meeting Schedule i) Prior to January 1 of every year, Council approves a Meeting schedule of Council and Standing Committees for each calendar year, which may be amended. The Meeting Schedule is made available to the public on the Town’s website. ii) The Meeting schedule of Committees is determined by its Members, in accordance with each Committee’s Terms of Reference and/or prescribed mandate. d) Location of Meetings i) Meetings shall take place at Town Hall, or at another location within the municipality or adjacent to the municipality, as authorized by the Mayor or by Council, or as provided for in the Municipal Act, 2001 when Notice is given. e) Schedule of Meetings Page 96 of 154 By-law No. XXXX-24, as amended Page 17 of 45 Town of Aurora Procedure By-law Effective XX i) Meetings shall take place in accordance with the Meeting Schedule as prepared by the Clerk and approved by Council. ii) All Council Meetings will generally be held on the fourth Tuesday of each month at 7 p.m. and Committee of the Whole Meetings will generally be held on the first Tuesday of each month at 7 p.m. Where a Council Meeting day is a public or civic holiday, Council will meet at the same hour on the Wednesday immediately following the holiday. iii) Council Closed Session will be scheduled at 5:45 p.m. as indicated in the Meeting Schedule prepared by the Clerk and approved by Council. f) Public Planning Meetings i) Council will meet on the second Tuesday of each month at 7 p.m. for a Council Meeting to consider development-related applications and other matters that have been submitted under the Planning Act, R.S.O. 1990, c. P.13, as amended. g) Quorum i) A majority of Members shall constitute a Quorum. ii) As soon as there is a Quorum after the time appointed for commencement of a Meeting, the Mayor or Chair will call the Meeting to order. If a Quorum is not present 30 minutes after the time appointed for commencement of a Meeting, the Clerk shall indicate that no Quorum is present, and the Meeting shall not commence. iii) If during the course of a Meeting, Quorum is lost, the Chair shall declare that the Meeting shall be adjourned until the date of the next scheduled Meeting. The agenda items are deemed to be deferred to the next scheduled Meeting. h) Late Arrival i) If a Member arrives late at a Meeting, any prior discussion is not reviewed without the consent of the Members present. Page 97 of 154 By-law No. XXXX-24, as amended Page 18 of 45 Town of Aurora Procedure By-law Effective XX i) Electronic Participation (Section added per By-law No. 6275-20) i) Any member may participate electronically in a Meeting that is open to the public or in Closed Session. ii) Any Member who is participating electronically in a Meeting shall be counted in determining whether or not a Quorum is present at any point in time during the Meeting. iii) For staffing and scheduling purposes, any Council Member who is participating electronically in a Committee of the Whole or Council Meeting shall notify the Clerk, at least twenty-four (24) hours prior to the Committee of the Whole or Council Meeting. iv) Delegates may participate electronically in a Meeting, by completing and submitting an Electronic Delegation Request Form to clerks@aurora.ca, in accordance with the Delegation protocols and submission deadlines outlined in this by-law. v) A Member who participates electronically in a Meeting shall have the same rights and responsibilities as if they were in physical attendance, including the right to vote. vi) Electronic participation in a Meeting shall be conducted by way of electronic means, including, but not limited to, audio teleconference, video teleconference, or by means of the internet, following instructions provided by the Clerk in order to ensure that a Meeting may proceed in the most transparent and successful manner under the current timelines and circumstances. 21. Notice of Meetings a) General Provisions i) The Clerk gives Notice of a Meeting by: (a) Posting the annual approved schedule of Meetings; or (b) Using the Town’s social media accounts and website; or (c) Publishing Notice on the Town’s regular advertising page in the local newspaper; or (d) Providing the agenda to Members and the public; or Page 98 of 154 By-law No. XXXX-24, as amended Page 19 of 45 Town of Aurora Procedure By-law Effective XX (e) All of the above. ii) Every Notice of a Meeting shall indicate the date, time and place of the Meeting, and the contact information for the Clerk’s office. iii) Nothing in this Procedure By-law shall prevent the Clerk from using more extensive methods of Notice. iv) Nothing in this Procedure By-law shall prevent the Clerk from using longer timeframes for providing Notice. b) Special Meetings of Council or Committee of the Whole i) A special Meeting of Council or Committee of the Whole may be called by the Mayor at any time. A special Meeting of Council or Committee of the Whole is limited to business matters included in the Notice of Meeting. ii) Upon receipt of a written petition from a majority of the Members of Council, the Clerk will summon a special Meeting of Council or Committee of the Whole for the specific purpose and time identified in the petition. iii) In addition to the general Notice provisions in this Procedure By- law, the Clerk shall give Notice of a special Meeting of Council or Committee of the Whole by providing an agenda at least twenty- four (24) hours prior to the Meeting or if the Meeting is to be scheduled in less than twenty-four (24) hours, then by providing an agenda at the first opportunity to do so. c) Workshop Meetings i) The Mayor and/or CAO may hold a Workshop Meeting for Members of Council to discuss issues in an informal venue. With the exception of Procedural Matters, no Motions are passed. ii) A record describing, in general terms, the Meeting and the subject matter discussed is made at all Workshop Meetings and placed on a future Council agenda to be received only for the purposes of information. Page 99 of 154 By-law No. XXXX-24, as amended Page 20 of 45 Town of Aurora Procedure By-law Effective XX iii) In addition to the general Notice provisions in this section of the Procedure By-law, the Clerk shall give Notice of a Workshop Meeting by providing an agenda at least twenty-four (24) hours prior to the Meeting. iv) Delegations shall not be permitted at Workshop Meetings. d) Cancellation or Postponement of Meetings i) A Meeting may be cancelled or postponed where it is known in advance that Quorum will not be achieved, by Council Resolution, in the event of an emergency or Emergency Weather Event, or where the Meeting is no longer required, as deemed by the CAO. ii) Where possible, the Clerk shall give Notice of cancellations or postponements of Meetings by: (a) Providing Notice to each Member by email notification no less than forty-eight (48) hours prior to the time set for the Meeting; or (b) Providing Notice to the public no less than 3 hours by: Posting a Notice on the Town website; Sending a Notice via the Town’s social media accounts; Posting a Notice on the Town’s regular advertising page in the local newspaper, if time permits; and Where (c) cannot be achieved, posting a Notice at the main entrance to Town Hall. (c) Notwithstanding subsection 19.d) ii), in the case of an emergency or an Emergency Weather Event, the Clerk shall provide Notice to each Member and the public as soon as practically possible. iii) Meetings of Committees may be cancelled or postponed by the Clerk, recording secretary, Chair or other assigned person where Quorum cannot be achieved, by Committee resolution, or in the event of an emergency or Emergency Weather Event. e) Invalidation of Notice of Meeting Page 100 of 154 By-law No. XXXX-24, as amended Page 21 of 45 Town of Aurora Procedure By-law Effective XX i) If a Meeting Notice is substantially given, but varies from the form and manner provided in this Procedure By-law, the ability to hold the Meeting and the actions taken at the Meeting are not invalidated. 21.1 (Section formerly numbered 20.1 deleted per By-law No. 6275-20) 22. Closed Session a) Matters of Closed Session i) Council or a Committee may, by Resolution, close a Meeting or part of a Meeting to the public in accordance with section 239 of the Municipal Act, 2001. ii) Council or a Committee may also resolve into a Closed Session to the public for the following purposes: (a) An ongoing investigation respecting the Municipality, a Local Board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, 2001, or the investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001. b) Notice of Closed Session i) Where a matter may be considered by Council or Committee of the Whole for discussion in Closed Session, wherever possible, written Notice by way of a published agenda will include: (a) The fact that the Meeting will be closed to the public as provided for in the Municipal Act, 2001; and (b) The general nature of the matter to be considered at the Closed Session. c) A Motion to close a Meeting or part of a Meeting to the public shall state the: i) Intention to close the Meeting to the public; and Page 101 of 154 By-law No. XXXX-24, as amended Page 22 of 45 Town of Aurora Procedure By-law Effective XX ii) General nature of the matter to be considered at the Closed Session, and the grounds for closing the Meeting as set out in the Municipal Act, 2001. d) Voting during Closed Session i) Only votes relating to procedural matters or direction to staff may be taken during a Closed Session, unless otherwise authorized. e) Upon completion of the Closed Session: i) The Members shall immediately reconvene in open session; ii) The Mayor shall report any outcomes on the Closed Session as necessary; and, iii) If applicable, the Members shall vote on any Resolution(s) originating from the Closed Session. f) Reporting Out and Confidentiality of Closed Session Discussions i) Any required vote will occur following the Closed Session discussion of a Council or Committee Meeting. ii) Public Committee of the Whole and Council Closed Session agendas, minutes or reports shall provide sufficient detail without detrimentally affecting the confidentiality of the matter(s) discussed in Closed Session and the position of the Municipality. iii) Minutes of a Closed Session shall be presented for adoption at a scheduled Meeting of Council that does not occur on the same day. iv) No Member shall disclose or discuss, through written, electronic or verbal communication or any other means, to any individual or corporate third party, any information that has been or will be discussed at a Closed Session of Council or a Committee until such time that Council or a Committee has determined or has been advised by staff that the matter, or any part of the matter, may be made public, subject to review by the head or designate under the Municipal Freedom of Information and Protection of Privacy Act or if directed to do so by a court. Page 102 of 154 By-law No. XXXX-24, as amended Page 23 of 45 Town of Aurora Procedure By-law Effective XX g) (Section deleted per By-law No. 6350-21) h) Closed Meeting Investigation i) A person may request that an investigation be undertaken to determine whether Council or Committee complied with the requirements of the Municipal Act, 2001 and this Procedure By-law in respect of a Meeting or part of a Meeting closed to the public. A person may initiate such a request by submitting a written request to the Town Clerk. 23. Speaking Order and Limit a) The Chair shall maintain a list of Members who have requested to speak or ask questions. The Chair shall designate Members to speak or ask questions in the order in which they appear on the list. The Chair shall give priority to Members who have not spoken to the matter previously. b) At Committee Meetings, Members are permitted to speak two (2) times on a matter, the first time being for a maximum of ten (10) minutes, and the second time being for a maximum of five (5) minutes; and c) At Council Meetings, Members are permitted to speak two (2) times on a matter for a maximum of five (5) minutes each time. 24. Rules of Debate a) Members’ comments are relevant to the matter of business before Council or a Committee. Members should avoid comments intended to be statements or assertions. b) Any Member may require a Motion or question under discussion to be read at any time during the debate but not so as to interrupt the Member speaking. c) Members shall express themselves succinctly without repetition. d) Questions may be asked only of: i) The Chair; ii) Staff; Page 103 of 154 By-law No. XXXX-24, as amended Page 24 of 45 Town of Aurora Procedure By-law Effective XX iii) A previous speaker; and, iv) A delegation. 25. Order of Business – Committee of the Whole a) The order of business of Committee of the Whole is set out in the agenda, as follows, where provided for: i) Approval of the Agenda ii) Declarations of Pecuniary Interest and General Nature Thereof iii) Community Presentations iv) Delegations v) Consent Agenda vi) Advisory Committee Meeting Minutes vii) Community Services Committee Agenda viii) Corporate Services Committee Agenda ix) Finance and Information Technology Committee Agenda x) Administration Committee Agenda xi) Operational Services Committee Agenda xii) Planning and Development Services Committee Agenda xiii) Member Motions (Amended per By-law No. 6569-23) xiv) New Business xv) Closed Session xvi) Adjournment Page 104 of 154 By-law No. XXXX-24, as amended Page 25 of 45 Town of Aurora Procedure By-law Effective XX 26. Order of Business – Council a) The order of business for the Council is set out in the agenda as follows, where provided for: i) Approval of the Agenda ii) Declarations of Pecuniary Interest and General Nature Thereof iii) Community Presentations iv) Delegations v) Consent Agenda vi) Standing Committee Reports vii) Consideration of Items Requiring Discussion (Regular Agenda) viii) (Deleted per By-law No. 6569-23) ix) Regional Report x) New Business xi) Public Service Announcements xii) By-laws xiii) Closed Session xiv) Confirming By-law xv) Adjournment 27. Order of Business – Other a) The order of business for any other meeting type is at the discretion of the Clerk. 28. Record of Meetings a) The Clerk records the minutes of Meetings of Committee of the Whole and Council without note or comment. The minutes record: Page 105 of 154 By-law No. XXXX-24, as amended Page 26 of 45 Town of Aurora Procedure By-law Effective XX i) The date, time and location of the Meeting; ii) The name of the Chair and a record of the attendance at the Meeting; iii) The name and nature of presenters and Delegations; and iv) All Resolutions, decisions and other proceedings of the Meeting; b) Minutes of Committees, excluding standing Committees are submitted to Committee of the Whole for receipt. c) The receipt of Committee minutes, excluding standing Committee minutes, by Council does not constitute endorsement by the Town of any recommendations or actions contained in the minutes. d) A Committee of the Whole report is submitted to the next regular Council meeting for consideration of the recommendations to Council. The report from Committee of the Whole that is presented to Council shall not contain the mover or seconder on each item but rather shall only show recommendations endorsed by the Committee of the Whole. e) Minutes of each Meeting of Council are presented to the subsequent regular Meeting of Council for approval. The approved minutes form the official record of the Meeting. f) After the Council Meeting minutes have been approved by Council, they shall be signed by the Mayor and Clerk. g) Approved minutes of Council, including the report of the Committee of the Whole, will be posted on the Town’s website as they become available. h) The Clerk shall ensure that the minutes of each Meeting are made available to Members within a reasonable amount of time after the holding of such Meeting. 29. Changes in Order of Agenda a) The business of Committee of the Whole and Council is dealt with in the order stated on the published agenda, unless Council consents to changing the order. Page 106 of 154 By-law No. XXXX-24, as amended Page 27 of 45 Town of Aurora Procedure By-law Effective XX 30. Declarations of Pecuniary Interest a) Members are required to make declarations of pecuniary interest in accordance with the requirements of the Municipal Conflict of Interest Act and/or other relevant legislation and shall refrain from speaking to and voting on the matter. At a Meeting at which a Member discloses a pecuniary interest, or as soon as possible afterwards, the Member shall file a written statement of the interest and its general nature with the Clerk or the secretary of the Committee or Local Board. b) A public registry of all declarations of pecuniary interest will be maintained by the Clerk in accordance with the Municipal Conflict of Interest Act. c) Where a Meeting is not open to the public, in addition to complying with the requirements set out in the Closed Session section of this Procedure By-law, the Member shall leave the Meeting or the part of the Meeting during which the matter is under consideration. d) Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of Council or Committee, as the case may be, attended by the Member after the particular Meeting. e) The Clerk shall record the particulars of any disclosure of pecuniary interest and general nature thereof made by a Member, and this record shall appear in the minutes of that Meeting. 31. Staff and Community Presentations a) Staff Presentations i) Staff presentations, if related to a report on the agenda shall occur at the time the report is discussed. Presentations by Staff at Meetings shall be a maximum of ten (10) minutes. b) Community Presentations i) Community Presentations may be made by third parties invited by staff to Council or Committee of the Whole on matters of interest to Page 107 of 154 By-law No. XXXX-24, as amended Page 28 of 45 Town of Aurora Procedure By-law Effective XX the Town. Such presentations are received or presented by the Chair. ii) Requests to be added to the Community Presentations section of an agenda shall be submitted to the Clerk at least three (3) weeks prior to the Meeting date. iii) Any accompanying materials must be submitted to the Clerk in an electronic format at least three (3) business days prior to the Meeting date. iv) Community Presentations may be up to five (5) minutes. The consent of Council or Committee of the Whole is required to extend a presentation beyond five (5) minutes. v) The Clerk may limit the frequency and/or number of times a group or individual may appear before Committee of the Whole or Council. 32. Delegations at Meetings of Council and Committee of the Whole a) General Provisions i) Delegates shall be encouraged to appear at the appropriate Committee first rather than Council. ii) Anyone wishing to appear before Committee of the Whole shall register as a delegate by submitting the prescribed form to the Clerk no later than 9 a.m. on the scheduled Meeting date. iii) Anyone wishing to appear before Council shall register as a delegate by submitting the prescribed form to the Clerk no later than 9 a.m. one (1) business day prior to the scheduled Meeting date. iv) Delegates shall advise the Clerk that the audio-visual equipment will be required and shall submit supporting material to the Clerk for approval in an electronic format no later than 4:30 p.m. on the Friday prior to the Meeting date. Page 108 of 154 By-law No. XXXX-24, as amended Page 29 of 45 Town of Aurora Procedure By-law Effective XX v) Delegates requesting specific financial assistance or services in- kind from Committee of the Whole or Council shall be directed to a Budget Committee meeting. Requests made outside the Budget Committee Meeting must include a detailed written request to the Clerk prior to the Meeting, which will be forwarded to the appropriate department for review. A decision will not be made at the Meeting where the Delegation is heard. vi) The Clerk shall give due consideration to the length of the agenda and the number of Delegations and shall advise to the requester the earliest possible date when his/her Delegation may be accommodated. A limit of four (4) Delegations will be considered at a Meeting of Committee of the Whole, and two (2) Delegations will be considered at a Meeting of Council. vii) The Clerk may limit the frequency and/or number of times a group or individual may appear before Committee of the Whole or Council. viii) Delegation requests received after the deadline or limit has been reached will be acknowledged by the Clerk but not placed on an agenda. ix) Delegations at Committee of the Whole and Council Meetings shall be on a subject that is within the jurisdiction or influence of local government. Delegations at a Meeting of Council shall be related to an item of business on the agenda. x) Delegations regarding active planning applications will not be permitted at a Council Meeting xi) Delegates shall refrain from making statements or comments that are, in the opinion of the Chair, frivolous or vexatious in nature. xii) Delegates who share the same position on a matter or are from the same organization, are encouraged to speak in one delegation. xiii) Delegates shall be restricted to a speaking limit of five (5) minutes, regardless of whether they are representing an organization, association or other group. Page 109 of 154 By-law No. XXXX-24, as amended Page 30 of 45 Town of Aurora Procedure By-law Effective XX xiv) The consent of Council or Committee of the Whole is required to grant a delegate one (1) extension of up to five (5) minutes at a Council or Committee of the Whole Meeting, and to consider more than two (2) Delegations at a Council Meeting. xv) Delegates who appear before Committee of the Whole are not permitted to make a Delegation in relation to the same item at the following Council Meeting, but may submit written material to Members of Council through the Clerk’s Office. b) Conduct of Delegates i) Delegates shall not make detrimental, offensive or insulting comments, or speak ill of, or malign the integrity of Staff, the public, Council or Committee or other external public agencies. ii) Delegates who contravene this section will not be permitted to finish their delegation and will be asked by the Chair to take their seat in the audience. c) Delegations at Council Meetings i) Anyone wishing to speak on an item that is not on the Council agenda may be placed on a Committee agenda to address an issue that is not on the Council agenda. d) Delegations at Public Planning Meetings i) Any person may speak on a matter on the agenda at a Public Planning Meeting. The delegate shall not speak for more than five (5) minutes and shall speak no more than twice on the agenda item. (Amended per By-law No. 6531-23) 33. Consent Agenda a) Consent Agenda will include the following items that do not have presentations or Delegations: i) Receipt of the Minutes (i.e., Special Council, Workshop, Closed Session) (Council Meeting agenda only); ii) Procurement items that are within the approved budget; Page 110 of 154 By-law No. XXXX-24, as amended Page 31 of 45 Town of Aurora Procedure By-law Effective XX iii) Communications addressed to Council; iv) Information reports requested by Council through motions; and v) Items as directed by the CAO or Clerk. b) Questions of clarification may be asked by Members about any consent item during the adoption of the Consent Agenda without requiring a separate vote. c) Members shall identify any items contained on the Consent Agenda which they wish to speak to and the matter shall be extracted from the Consent Agenda to be dealt with separately under the appropriate departmental committee section of the Committee of the Whole Meeting, or the Consideration of Items Requiring Discussion (Regular Agenda) of the Council Meeting. d) In the event that a Member declares a pecuniary interest on an item that is included on the Consent Agenda, that item shall be considered under the appropriate departmental committee section of the Committee of the Whole Meeting, or the Consideration of Items Requiring Discussion (Regular Agenda) of the Council Meeting.. e) Items on the Consent Agenda or the balance of the items, as the case may be, shall be adopted in one Motion. 34. Member Motions (Section amended per By-law No. 6569-23) a) A Member desiring to introduce a subject for discussion by Council will provide the proposed Motion to the Clerk in writing for inclusion in a regular agenda of Committee of the Whole by 12 p.m. on the Wednesday prior to the meeting. b) The Motions will be included on the next Committee of the Whole agenda for consideration and disposition. Motions that are not in order, as determined by the Clerk, will not be included. c) Closed Session Motions may be published as part of a Committee of the Whole or Council agenda and discussed at the meeting where the motion appears on the agenda. Page 111 of 154 By-law No. XXXX-24, as amended Page 32 of 45 Town of Aurora Procedure By-law Effective XX d) The CAO or Staff may be requested to comment on the Motion raised in this section, but no staff report will be prepared unless the Motion, once adopted by Council, is referred to staff for a further report. e) It is the duty of the Member to: i) Prepare the proposed Motion in writing ii) Submit the proposed Motion to the Clerk iii) Ensure the content of the proposed Motion allows for it to be published on a public agenda. 35. Regional Report a) The representative of the Town on Regional Council will provide a report at regular Meetings of Council on matters of interest to the Town, when available. 36. New Business a) Any Member of Council or a Committee, at any Meeting, may present and introduce any matter of new business during the New Business portion of the Meeting, and shall have regard to the following guidelines: i) Members are encouraged to raise operational matters prior to the Meeting through the CAO, Director or appropriate Staff; ii) Members are discouraged from raising substantive policy matters, in particular consideration of corporate policies or by-laws; and, iii) Members of Council are encouraged to raise announcements and community events under the Public Service Announcements portion of the Council agenda. 37. Public Service Announcements a) Members may speak for no more than three (3) minutes on public service announcements and community events, unless the consent of Council is granted. Page 112 of 154 By-law No. XXXX-24, as amended Page 33 of 45 Town of Aurora Procedure By-law Effective XX 38. By-laws a) By-laws are considered by Council and approved by Motion. b) Every by-law adopted by Council is done so under the seal of the Town and signed by the Clerk and the Mayor. c) All by-laws shall be given first, second and third readings in a single Motion, unless a Member wishes to discuss the contents of a by-law, at which time the subject by-law shall be removed from the Motion and dealt with separately. d) The following types of by-laws may be presented directly to Council without an accompanying staff report: i) Those directed to be presented directly to Council by Committee of the Whole or Council; ii) The appointment of statutory positions, staff for by-law inspection, municipal law enforcement and provincial offences administration; iii) Consolidation of by-laws or housekeeping amendments; iv) General by-laws where the purpose and intent of the by-law has been clearly authorized by a previous resolution; v) A by-law to levy interim property taxes; vi) A by-law to set tax rates in accordance with the approved budget; vii) Part-lot control by-laws; viii) Assumption by-laws; ix) A by-law to establish a public highway; x) Minor amendments resulting from changes to provincial enabling legislation; and, xi) Other administrative by-laws deemed appropriate by the CAO. e) Every Council Meeting shall be confirmed by by-law so that every decision of Council at that Council Meeting and every Resolution of the Meeting Page 113 of 154 By-law No. XXXX-24, as amended Page 34 of 45 Town of Aurora Procedure By-law Effective XX shall have the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted. f) All amendments to any by-law approved by Council shall be deemed to be incorporated into the by-law and if the by-law proposing the amendment is enacted by Council, the amendments shall be inserted by the Clerk. g) All by-laws, including the confirming by-law, shall be voted on prior to Adjournment. 39. Adjournment a) No item of business shall be considered at a Meeting of Council or Committee of the Whole after 10:30 p.m. unless a majority of the Members present enact a resolution to extend the hour. The Resolution must include a proposed time for adjournment of the Meeting. 40. Correspondence a) Where correspondence is not requested to be included in a Council or Committee of the Whole agenda, it is circulated by the Clerk to Members, the CAO, Directors and applicable Staff for their information, and forms a part of the Clerk’s records. b) Where correspondence has been requested to be included on a Council or Committee of the Whole Meeting agenda or on the request of a Member to the Clerk, correspondence is placed on the Committee of the Whole meeting agenda for consideration. Where required due to urgency or timing, correspondence may be considered directly by Council as an Additional Item. c) The Council’s receipt of correspondence does not constitute endorsement of the correspondence by the Town of any recommendations it may contain or actions it may advocate. 41. Petitions a) Petitions may be submitted to the Clerk and will include a minimum of two (2) persons and their respective addresses unless otherwise required by law, and a clear statement of the purpose for the petition. Page 114 of 154 By-law No. XXXX-24, as amended Page 35 of 45 Town of Aurora Procedure By-law Effective XX b) If the petition meets the requirements of the Petition Policy and/or any other related Town Policies, the request conveyed in the petition will be considered by Committee of the Whole for disposition. Where required due to urgency or timing, petitions may be considered directly by Council. c) Staff may prepare recommendations related to the matter for Council’s consideration. d) The Town is not accountable for the accuracy or reliability of petitions that are submitted. 42. Motions from Other Municipalities a) All requests for endorsement of resolutions from other municipalities will be electronically circulated to Council and acknowledged by the Clerk, with the advice that the Town does not take action on resolutions received from other municipalities, but rather makes its position known through the appropriate municipal association, or alternatively, directly to the relevant Minister or government leader. b) A Member of Council may request that a resolution from another municipality be added to a Committee of the Whole agenda for consideration. c) The Council’s receipt of resolutions from other municipalities does not constitute endorsement by the Town of any recommendations or actions they may contain. 43. Motions – Impact on Corporate Resources a) The CAO will advise on the appropriate means of disposition for matters that make an impact on administration. b) Council is not required to pass a Motion that makes an impact on corporate resources where a matter: i) Has already been approved by Council; ii) Is considered by the CAO to be minor in nature; and/or, iii) Falls within existing service levels. Page 115 of 154 By-law No. XXXX-24, as amended Page 36 of 45 Town of Aurora Procedure By-law Effective XX 44. Procedures Concerning Motions a) General Rules i) Every Motion in any Meeting of Council or Committee requires a mover and a seconder. ii) When duly moved and seconded, every Motion, other than a Motion to adjourn, recess, table or suspend the rules of this Procedure By- law, is open for discussion. iii) No debate is permitted on any Motion or amending Motion until it has been properly seconded. iv) A Member may move a Motion in order to initiate discussion and debate, but vote in opposition to the Motion. A seconder of the Motion may vote against the Motion. v) A Motion or amending Motion may not be withdrawn without the consent of the mover and seconder. vi) The Chair of a Meeting of Council or a Committee will not move or second a Motion. All Members of Council or a Committee will vote on all Motions except in the instance where the Member refrains from voting on an issue due to a declaration of a pecuniary interest in the matter by the Member. If any Member does not vote, he/she will be deemed as voting in the negative (except where prohibited from voting by statute). b) Motion under Debate i) When a Motion is under debate, no other Motion may be considered except for the following Motions, to be considered in the listed order of priority: (a) To adjourn; (b) To recess; (c) To table an item; (d) To put the question to a vote or call the vote; Page 116 of 154 By-law No. XXXX-24, as amended Page 37 of 45 Town of Aurora Procedure By-law Effective XX (e) To defer; (f) To refer; (g) To amend. c) Motion to Adjourn i) A Motion to adjourn means a Motion to end a Meeting. ii) A Motion to adjourn is not debatable and shall always be in order except when: (a) Another Member is in possession of the floor; (b) A vote has been called; or (c) Members are voting. iii) A Motion to adjourn is not amendable, except when moved to set future time for adjourning. iv) A Motion to adjourn shall take precedence over any other Motion and shall be put immediately without debate. d) Motion to Recess i) A Motion to recess means to suspend a meeting for a specific length of time. ii) A Motion to recess when other business is before the Meeting: (a) Specifies the length of time of the recess; (b) Is debatable as to the length or timing of the recess; and (c) Can only be amended with respect to the length of the recess. e) Motion to Table i) A Motion to table means to postpone a matter without setting a definite date for future discussion for a matter. A tabled Motion that has not been decided on by Council during the term of Council in which the Motion was introduced is deemed to have been withdrawn. ii) A Motion to table: Page 117 of 154 By-law No. XXXX-24, as amended Page 38 of 45 Town of Aurora Procedure By-law Effective XX (a) Is not to be amended or debated; and (b) Applies to the Motion and any amendments thereto under debate at the time when the Motion to table was made. iii) If the Motion to table carries, in the absence of any direction from Council, the matter may not be discussed until the CAO, or a Member through a Motion, brings it forward to a subsequent Meeting. f) Motion “To Put the Question to a Vote” or “To call the Vote” i) A Motion “To Put the Question to a Vote” or “To call the Vote” means to stop debate and immediately proceed to vote on the Motion. ii) Any Member may request the Chair “To Put the Question to a Vote” or “To call the Vote” by presenting a Motion that the question “now be put to a vote.” A Motion to put the question to a vote must: (a) Be seconded; (b) Is not open to debate; (c) Immediately put to a vote without debate; (d) Requires a 2/3 majority vote to close debate. g) Motion to Refer i) A Motion to refer means to direct a matter under discussion by Council or a Committee to Staff or another Committee for further examination or review. ii) A Motion to refer a matter under consideration to a Committee or to Staff: (a) Shall be debatable as to the rationale of referring, and cannot go into the merits of the Motion or subject being referred; and (b) May be amended as to the Committee or group to whom it is being referred, as to the time the Committee or Staff reports back, and as to directions given to the Committee or Staff; and Page 118 of 154 By-law No. XXXX-24, as amended Page 39 of 45 Town of Aurora Procedure By-law Effective XX (c) Includes the terms on which the Motion is being referred and the time at which the matter is to be returned; and (d) Includes the reasons for the referral. iii) This Motion may be delayed by the Chair in order to permit Members on the speaking list to speak. h) Motion to Defer i) A Motion to defer means to postpone all discussion on a matter until a future date or time, one which is established as part of the Motion. ii) A Motion to defer to a certain time or date: (a) Is open to debate as to advisability of postponement and cannot go into the merits of the Motion or subject being postponed; and (b) May be amended as to the time or date to which the matter is to be deferred. iii) This Motion may be delayed by the Chair in order to permit Members on the speaking list to speak. i) Motion to Amend i) The purpose of this Motion is to modify a Motion. It cannot be used to directly contradict or negate the effect of another Motion. ii) A Motion to amend: (a) Is open to debate; and, (b) Is to be relevant to the main Motion; and (c) Is applied to a Motion at one time, and that amendment may be amended [by a secondary amendment], which then cannot be amended. iii) If a Motion to amend is not considered a Friendly Amendment, then the Motion to amend: Page 119 of 154 By-law No. XXXX-24, as amended Page 40 of 45 Town of Aurora Procedure By-law Effective XX (a) If more than one Motion, will be put to a vote in the reverse order to that in which they were moved; (b) Will be decided upon or withdrawn before the main Motion is put to the vote; (c) Will not be amended more than once, provided that further amendments may be made to the main Motion; and, (d) Will not be directly contrary to the main Motion. j) Motion Containing Two or More Matters i) When the Motion under consideration concerns two (2) or more matters, the Chair, upon the request of any Member, will direct that the vote upon each matter be taken separately. Such request may also be made by the Chair. ii) A vote on the main Motion or the Motion, as amended, may be split for the purpose of complying with the Municipal Conflict of Interest Act, or at the discretion of the Chair. k) Withdrawal of Motion i) A request to withdraw a Motion: (a) May only be made by the mover of the Motion; (b) Requires consent of the seconder of the Motion; and, (c) Is in order any time during the debate. l) Adoption in a Single Motion i) One or more items on an agenda may be adopted in a single Motion. 45. Voting a) General Rules i) After a Motion is finally put to a vote by the Chair, no Member speaks to it nor will any other Motion be made until after the vote is taken and the result has been declared. ii) All Members of Council or a Committee will vote on all Motions. Failure by any Member to announce his/her vote openly and Page 120 of 154 By-law No. XXXX-24, as amended Page 41 of 45 Town of Aurora Procedure By-law Effective XX individually, including an “abstention,” is deemed to be a vote in the negative. iii) Each Member present and voting announces or indicates his/her vote upon the Motion openly and individually, and no vote is taken by ballot, or any other method of secret voting. b) Majority Vote i) A majority means more than half of the Members present, or: (a) If 7 Members present: 4 (b) If 6 Members present: 4 (c) If 5 Members present: 3 ii) Unless this Procedure By-law states otherwise, a matter passes when a majority of Members present vote in the affirmative. iii) Where required in this Procedure By-law, a two-thirds majority means 2/3 of the Members present, or: (a) 2/3 of 7: 5 (b) 2/3 of 6: 4 (c) 2/3 of 5: 4 (d) 2/3 of 4: 3 c) Tie Vote i) Any Motion on which there is a tie vote is deemed to be defeated. d) Recorded Vote i) A recorded vote is only permitted at Council Meetings and will be taken at the request of a Member prior to the commencement of the vote being taken or immediately thereafter. ii) A Member of Council’s failure to participate in a recorded vote when he/she has not declared a pecuniary interest is deemed to be a negative vote. iii) A recorded vote at Council Meetings will be taken as set out in a) or b) below: Page 121 of 154 By-law No. XXXX-24, as amended Page 42 of 45 Town of Aurora Procedure By-law Effective XX (a) Each Member announces his/her vote openly, and the Clerk records his/her vote in the minutes. Votes are called in random order as determined by the Clerk. (b) Each Member first indicates his/her vote by using an electronic device. Each Member’s vote is then electronically displayed on a screen, and the Clerk announces the outcome of the vote and records each Member’s vote in the minutes. iv) Notwithstanding recorded votes, a record or notation of a Member’s opposition to an issue is not recorded in any Meeting minutes. 46. Reconsideration of a Matter a) Council cannot reconsider a matter until six (6) months have passed from the date of the matter’s original disposition by Council, except upon a vote in the affirmative of two-thirds majority of the Members present. b) Decisions which contractually bind the Town shall not be reconsidered. c) A Motion to reconsider shall be introduced by way of a Member Motion and considered either at the next Committee of the Whole Meeting or at a special Meeting called to reconsider the Motion unless the Council, without debate, dispenses with the requirement for a Member Motion on a two-thirds vote. (Amended per By-law No. 6569-23) d) A Motion to reconsider is debatable, which debate will be restricted to the rationale for reconsidering the matter, and no debate of the main Motion shall be allowed until the Motion for reconsideration is carried. e) Once the reconsideration Motion has carried, the matter is reopened in its entirety unless the reconsideration Motion specifies otherwise. f) If the matter is reopened, all previous decisions of the Council remain in force until the Council decides otherwise. g) No Motion to reconsider may, itself, be the subject of a Motion to reconsider. h) Notwithstanding the time period set out in s. 45 (a), if a Council matter was lost as a result of a tie vote due to an absent Member, the matter may Page 122 of 154 By-law No. XXXX-24, as amended Page 43 of 45 Town of Aurora Procedure By-law Effective XX be reconsidered at the next Council meeting via a Motion to reconsider carried by a majority of the Members present. 47. Point of Order a) A Member may interrupt the person who has the floor to raise a Point of Order when such Member feels that there has been: i) A deviation or departure from this Procedure By-law; or ii) A deviation from the matter under consideration and the current discussion is not within the scope of the proposed Motion. b) Upon hearing such Point of Order, the Chair decides and states his/her ruling on the matter. c) Upon hearing the Point of Order ruling, a Member only addresses the Chair for the purpose of appealing the Chair’s decision to the Council or a Committee. d) If no Member appeals, the decision of the Chair is final. e) If a Member appeals the Chair’s ruling to the Council or a Committee, the Member has the right to state his/her case, the Chair has the right to reply and the Council or Committee decides the question of whether the decision of the Chair be sustained without further debate. The decision of the majority of the Members who are present at the Meeting is final. 48. Point of Personal Privilege a) A Member may rise at any time on a Point of Personal Privilege where such Member feels that the health, safety, rights, or integrity of his/her own person, the Council, a Committee Member, Staff or anyone present at the Meeting has been called into question by another Member or by anyone present at the Meeting. b) Upon hearing such Point of Personal Privilege, the Chair decides and states his/her ruling on the matter. c) Where the Chair rules that a breach of privilege has taken place, he/she demands that the offending Member or individual apologize and, failing Page 123 of 154 By-law No. XXXX-24, as amended Page 44 of 45 Town of Aurora Procedure By-law Effective XX such apology, requires said Member or individual to vacate the Meeting room for the duration of the Meeting. d) With the exception of providing an apology, the Member addresses the Chair for the purpose of appealing the Chair’s ruling of a breach of privilege to the Council or a Committee. e) If no Member appeals, the decision of the Chair is final. f) If a Member appeals the Chair’s ruling to the Council or a Committee, the Member has the right to state his/her case, the Chair has the right to reply and the Council or Committee decides the question of whether the decision of the Chair be sustained without further debate. The decision of a majority of the Members who are present at the Meeting is final. 49. Public Record a) All communications that the Clerk receives about a matter on the agenda of a public or open Meeting will form part of the public record. Personal information and opinions in communications are part of the public record unless the author of the communication requests the removal of his/her personal information when submitting it, or where confirmed by the Clerk. 50. Administrative Authority of Clerk a) The Clerk is authorized to amend by-laws, minutes and other Council and Committee documentation for technical, typographical or other administrative errors and omissions for the purpose of ensuring an accurate and complete record of proceedings. b) The Clerk is authorized to create and amend an annotated version of the Procedure By-law from time to time, to assist Members in complying with the rules as enforced and interpreted. 51. Recording, Broadcasting and/or Live Streaming Meetings a) All Meetings with a Quorum of Members shall be audio and/or visually recorded, broadcast and/or live streamed publicly by the Town, with the exception of Meetings closed to the public provided for in the Closed Session section of this Procedure By-law. Page 124 of 154 By-law No. XXXX-24, as amended Page 45 of 45 Town of Aurora Procedure By-law Effective XX b) All Meetings of Committee of Adjustment, Property Standards Committee, and other quasi-judicial bodies or Committees of the Town shall be audio and/or visually recorded, broadcast and/or live streamed publicly by the Town, with the exception of Meetings closed to the public provided for in the Closed Session section of this Procedure By-law. c) Attendees using their own recording, broadcasting and/or streaming devices are encouraged to inform the Clerk or recording secretary to ensure attendees at the Meeting are notified through the Chair. d) The approved minutes of a Meeting will form the official record of the Meeting. Any audio, video, or other record of the Meeting shall not be considered an official record. 52. Review of Procedure By-law a) Council shall review this By-law within the first six (6) months of the second year of each term of Council. b) The Clerk shall bring forward housekeeping amendments, as required or as directed by Council. 53. Severability a) Each and every one of the provisions of this Procedure By-law is severable and if any provisions of this Procedure By-law should, for any reason, be declared invalid by any Court, it is the intention and desire of Council that each and every one of the then remaining provisions of this Procedure By- law shall remain in full force and effect. 54. Enactment a) By-laws Number 6228-19, 6246-20, 6258-20, 6275-20, 6350-21, 6453-22, 6531-23, and 6569-23 be and are hereby repealed. b) This By-law shall come into full force and effect on XX. Page 125 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. FIN 2 4 -0 09 Subject: ONE Joint Investment Board Agreement Amendment and Bylaw Prepared by: Laura Sheardown, Financial Management Advisor Department: Finance Date: February 20, 2024 Recommendation 1. That Report No. FIN24-009 be received; and 2. That a by-law be enacted to approve the following: a. an increase in the maximum number of ONE Joint Investment Board (JIB) members from 10 to 12; and b. the ONE JIB Records Retention By-law and the delegation to ONE JIB’s Secretary of the necessary powers and duties to deal with the records of ONE JIB; and c. changes to the amendment provisions of the ONE JIB Agreement. Executive Summary The Town of Aurora is a participating municipality in the ONE Prudent Investment (PI) Program. The current agreement requires all participating municipalities to bring forward to their councils for approval any and all amendments, including those considered minor and ‘housekeeping’ in nature in addition to those of a more substantive change.  The ONE JIB requires an amendment to its current agreement’s terms of reference to increase the maximum number of board members from 10 to 12  The ONE JIB board has agreed to establish a Records Retention By-law  It is recommended that the ONE JIB agreement be amended to ensure that municipal member Council decisions are sought when it is appropriate to do so Page 126 of 154 February 20, 2024 2 of 4 Report No. FIN24-009 Background The Town of Aurora joined the ONE Joint Investment Board (JIB) in May 2023 for the investment of its long-term funds. The ONE JIB terms of reference were originally developed prior to the establishment of ONE JIB and the last review was in late 2023. This latest review has prompted the need for participating municipalities to approve the amendments to the current ONE JIB agreement. Analysis The ONE JIB requires an amendment to its current agreement’s term of reference to increase the maximum number of board members from 10 to 12 In anticipation of a large municipal investor wanting to join the ONE Prudent Investor Program and invest through ONE JIB, and to support the desire of the board to strengthen its municipal financial knowledge, the board is seeking to add more board members with the desired municipal skills. The Municipal Act limits the number of municipal treasurers that serve on ONE JIB to 25 per cent of its members (currently two positions). Increasing the number of ONE JIB members from 10 to 12 will enable a third municipal treasurer to also serve on the board. Based on the ONE JIB Agreement this change must be approved by all participating municipalities (via By-law) to come into effect. The ONE JIB board has agreed to establish a Records Retention By-law As ONE JIB is a local board of more than one municipality, under the Municipal Act, it may establish retention periods for the retention, preservation and disposal of the records of the ONE JIB. The proposed Records Retention By-law is attached to this report and establishes classes for records and retention periods. It will also provide delegated authority to the ONE JIB board secretary to establish procedures for the retention and disposal of the board’s records and to establish and amend classes for records and retention periods. The purpose of the delegation is to avoid the board having to return to all participating municipalities in the future for changes to the records retention classifications and timeframes as this is largely administrative in nature and does not impact the day-to- day operations of the ONE JIB. Page 127 of 154 February 20, 2024 3 of 4 Report No. FIN24-009 The Records Retention By-law applies only to the ONE JIB’s records and does not affect the Town of Aurora’s records. It is recommended that the ONE JIB agreement be amended to ensure that municipal member Council decisions are sought when it is appropriate to do so Changes are recommended to the provisions of the ONE JIB agreement which will ensure that any amendments requiring participating municipality by-law approval are still brought forward to their respective Councils, while clarifying and removing the need for Council to approve changes of an administrative, minor and ‘housekeeping’ nature. Advisory Committee Review Not Applicable Legal Considerations The terms of the existing agreement require that any amendments made to the agreement shall be done by a Council by-law. Only 75% of the Participating Municipalities are required to approve the above amendments for the amendments to take effect. In addition, ONE JIB is a local board as set out in the Municipal Act, 2001 and the Participating Municipalities are jointly responsible for the retaining and preserving the records of ONE JIB in a secure and accessible manner. As such, Council is being requested to approve the enactment of a Records Retention By-law for ONE JIB. Financial Implications This report does not result in any financial implication to the Town of Aurora. Communications Considerations The Town will inform residents of the information contained within this report by posting it to the Town’s website. Climate Change Considerations The recommendations form this report do not directly impact greenhouse gas emissions or climate change adaption. Page 128 of 154 February 20, 2024 4 of 4 Report No. FIN24-009 Link to Strategic Plan Investment of the surplus and reserve funds of the Town, contributed to achieving the Strategic Plan guiding principle of ‘Leadership in Corporate Management’ and improves transparency and accountability to the community. Alternative(s) to the Recommendation 1. Council may choose to accept, amend or reject any or all of the recommendations of this report. Conclusions Staff are supportive of the proposed changes to the ONE JIB agreement, including a revised Terms of Reference and the creation of a Records Retention By-law. Attachments Attachment 1 – ONE JIB Draft Records Retention By-law Attachment 2 – ONE JIB Records Categories – Retention Schedule Previous Reports None. Pre-submission Review Agenda Management Team review on February 1, 2024 Approvals Approved by Rachel Wainwright-van Kessel, CPA, CMA, Director, Finance Approved by Doug Nadorozny, Chief Administrative Officer Page 129 of 154 19960098.2 1 ONE JOINT INVESTMENT BOARD BY-LAW NO. XX (NOTE: for consideration/adoption at Feb 28, 2024 ONE JIB Meeting) A by-law to establish reten�on periods for records of ONE Joint Investment Board WHEREAS ONE Joint Investment Board (the “Board”) is a local board within the meaning of the Municipal Act, 2001 (the “Act”) for more than one municipality; AND WHEREAS Sec�on 254(1) of the Act provides that if a local board is a local board of more than one municipality, the affected municipali�es are jointly responsible for retaining and preserving the records of the local board in a secure and accessible manner; AND WHEREAS Sec�on 254(2) of the Act provides that despite Sec�on 254(1), a local board that has ownership and control of its records shall retain and preserve them in a secure and accessible manner; AND WHEREAS Sec�on 255(2) of the Act provides that a local board’s records may be destroyed if a reten�on period for the record has been established and the reten�on period has expired; AND WHEREAS Sec�on 255(4) of the Act provides that if a local board is a local board of more than one municipality, a majority of the affected municipali�es may establish reten�on periods during which the records of the local board must be retained and preserved in accordance with Sec�on 254; AND WHEREAS ONE Investment, pursuant to sec�on 2.3 (a) of a Services Agreement with the Board dated May 19, 2020 is responsible for the maintenance of proper and complete records in connec�on with the ONE Prudent Investment Program that is governed by the Board; AND WHEREAS Sec�on 23.1 of the Act provides that a municipality may delegate its powers to a person, subject to certain restric�ons; NOW THEREFORE the ONE Joint Investment Board hereby enacts as follows: Attachment #1 Page 130 of 154 19960098.2 2 1. In this by-law: “disposi�on” means the secure destruc�on of records; “record” means any record of informa�on, including a transitory record, however recorded, whether in printed form, on film, by electronic means or otherwise, and includes: (a) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine-readable record, metadata, any other documentary material regardless of physical form or characteris�cs, and any copy thereof; and (b) subject to any regula�ons under the Municipal Freedom of Information and Protection of Privacy Act, any record that is capable of being produced from a machine-readable record under the control of the Board by means of computer hardware and so�ware or any other storage equipment ordinarily used by the Board; “reten�on schedule” means the schedule prescribing reten�on periods for records set out in Schedule “A” to this by-law; “Secretary” means the Board Secretary appointed by the Board, or designee; “transitory record” means a record only having temporary value and that is not required for legal, financial, opera�onal or official reasons, including: (a) miscellaneous no�ces or memoranda, including emails on minor administra�ve maters; (b) dra�s of leters, memoranda or reports which do not record official posi�ons or decisions; (c) duplicate copies of documents produced only for distribu�on or convenience, including mul�ple copies of reports, memoranda, agendas and minutes; (d) records of a personal nature not related to the Board’s business; (e) reference publica�ons, including administra�ve manuals, directories, catalogues, newsleters, pamphlets and periodicals; and (f) unsolicited adver�sing, including brochures and flyers. Page 131 of 154 19960098.2 3 2. All staff who create records pertaining to the Board are responsible for the filing, reten�on, preserva�on and disposi�on of these records in accordance with this by-law. 3. Transitory records may be destroyed at any �me. Where a record is destroyed upon expiry of the reten�on period described in Schedule “A” any corresponding transitory record shall also be destroyed. 4. Any record in a Class of Records set out in Schedule “A” shall be retained for the period set out opposite such Class and may therea�er be subject to disposi�on. 5. Any Board record rela�ng to pending or actual li�ga�on, inves�ga�on or a request under any access and privacy legisla�on shall not be destroyed un�l such record is no longer required for such purpose. 6. The Secretary, in consulta�on with the appropriate officials of ONE Investment, is responsible for establishing procedures for the reten�on and disposi�on of the Board’s records, including but not limited to the establishment of archival appraisal and selec�on criteria, considering the legal, financial, opera�onal and historical value of the records. 7. The Secretary is hereby delegated the authority to establish, in consulta�on with the appropriate officials of ONE Investment, Classes of Records and to amend any Classes of Records and reten�on periods set out in Schedule “A”. 8. The Secretary is hereby authorized to amend Schedule “A” from �me to �me to reflect a decision made by the Secretary under sec�on 7 of this by-law. 9. Schedule “A” is atached to and forms part of this by-law. 10. This by-law shall be known as the “Records Reten�on By-law”. ENACTED AND PASSED on February 28, 2024. ______________________ _________________________ Board Chair Board Secretary Page 132 of 154 Schedule “A” – ONE JIB Records Reten�on and Classifica�on NOTE: for consideration/adoption at February 28, 2024 ONE JIB Meeting ONE Investment, pursuant to sec�on 2.3 (a) of a Services Agreement with ONE Joint Investment Board (ONE JIB), dated May 19, 2020, is responsible for the maintenance of proper and complete records in connec�on with the ONE Prudent Investment Program that is governed by the Board. CATEGORY: Finance Notes Classifica�on Reten�on Auditor/Audit F03 Agreements/Leases/Contracts F08 Financial Statements E13 Officers Termina�on plus 7 years 15 years 7 years Benchmarks for Prudent Investment Funds F10 Investments 7 years Chief Investment Officer E13 Officers 7 years Compliance Officer E13 Officers 7 years Compliance F20 Compliance 7 years External Fund Managers More details under “Funds Opera�on” F03 Agreements/Leases/Contracts Termina�on plus 7 years Financial Statements F08 Financial Statements 15 years Funds Opera�on Sub-folder for each Fund Manager F04 Banking F08 Financial Statements F10 Investments 7 years 15 years 7 years Investment Alloca�on and Strategy F10 Investments 7 years Management Fees F10 Investments 7 years Mee�ngs/Conferences F19 Mee�ngs/Conferences 2 years Outcomes Framework F10 Investments 7 years Outsourced Chief Investment Officer Agreement Opera�ons F03 Agreements/Leases/Contracts F10 Investments Termina�on plus 7 years 7 years Par�cipa�ng Municipali�es Agreement Opera�ons F03 Agreements/Leases/Contracts M00 Par�cipa�ng Municipali�es subfolder for each of the ONE JIB investors Termina�on plus 7 years 7 years Securi�es F21 Securi�es 7 years Templates A07 Policies and Procedures Current version plus 2 years Attachment #2 Page 133 of 154 CATEGORY: Administra�on, Governance and Membership Notes Classifica�on Reten�on Administra�ve A00 Administra�ve General 2 years Annual Report E01 Annual Report Permanent Board Chair E12 Board Members 10 years Board Governance Self Evalua�on E12 Board Members 7 years Board Governance Training E12 Board Members 7 years Board Members E12 Board Members 10 years Board Secretary E13 Officers A15 Access and Privacy (for any FOI) 7 years 7 years Board Vice-Chair E12 Board Members 10 years Closed Mee�ng Inves�gator E13 Officers 7 years Code of Conduct A07 Policies and Procedures Current version plus 2 years Commitees E04 Commitee Agendas/Minutes Permanent Futures List E03 Board and Execu�ve Agenda Package 7 years Integrity Commissioner E13 Officers 7 years Legal Opinions A16 Legal Counsel/Opinions Permanent Mee�ng Schedules E03 Board/Execu�ve Agenda Package 7 years ONE Investment F03 Agreements/Leases/Contracts Termina�on Plus 7 years ONE JIB Agendas E03 Board/Execu�ve Agenda Package Permanent ONE JIB By- laws/Cons�tu�on E07 Cons�tu�on/Bylaw Permanent ONE JIB Minutes E02 Board and Execu�ve Minutes Permanent Policies A07 Policies and Procedures Current version plus 2 years Prospec�ve Municipali�es M01 Prospec�ve Municipali�es 2 years Skills Matrix E12 Board Members 7 years Strategic Planning/ Strategic Plan E08 Organiza�on/Strategic Plan 7 years Page 134 of 154 CATEGORY: Human Resources Notes Classifica�on Reten�on Training, Development and Cer�fica�on For ONE JIB members and key ONE Investment staff H06 Training and Development 5 years Page 135 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. CMS24 -005 Subject: Petch House - Considerations Prepared by: Robin McDougall, Director, Community Services Department: Community Services Date: February 20, 2024 Recommendation 1. That Report No. CMS24-005 be received; and 2. That Council approve the proposed renovations of the Petch House; and 3. That a new capital project with capital budget authority of $50,000 be approved; to be funded from the Heritage reserve fund Executive Summary This report is to provide information to Council on the costs associated with converting the Petch House at 86 John West Way into a seasonal wedding chapel facility. - On October 23, 2012, the Building Division issued a building permit for the relocation of the Petch House to 86 John West Way - The wedding chapel use has been consulted upon and its feasibility investigated - Current demand and expanding Civil Ceremony services demonstrates an opportunity for the Petch House - Based on current demand, minimal upgrades and improvements are needed to make the Petch House viable as a wedding chapel on a seasonal basis Page 136 of 154 February 20, 2024 2 of 7 Report No. CMS24-005 Background On October 23, 2012, the Building Division issued a building permit for the relocation of the Petch House to 86 John West Way The Petch House was originally constructed in 1840 and is one of Aurora’s oldest buildings, displaying some of the earliest construction methods brought to Canada Pre- Confederation. The Petch House was originally located at 15395 Leslie Street on farmland and then was relocated to its current location at 86 John West Way. The building permit was issued as a shell building with no defined proposed use. The building remains without a defined use today. Over the last number of years, it has been primarily used for storage due to its facility limitations. Analysis The wedding chapel use has been consulted upon and its feasibility investigated At the February 27, 2018, meeting of Town Council, Council passed a resolution to investigate the feasibility and costs for the Petch House to be used for municipal civil wedding ceremonies and serve the community as a wedding chapel. On April 17, 2018, Report PDS18-038 was presented to Council outlining the costs associated with the conversion to a wedding chapel either seasonally or year-round. The cost estimates reflected in this report are derived from the estimates as previously presented in report PDS18-038 but are increased to account for inflationary changes. As directed by Council, the Town’s Heritage Advisory Committee has also been consulted multiple times regarding the wedding chapel use. On November 2, 2020, the Heritage Advisory Committee provided comments and questions regarding matters including impacts if HVAC is installed, whether a washroom would be required, and the impact to parking for the Seniors’ Centre. Further consultation and reporting back occurred on April 6, 2021, which outlined that HVAC would only be required if marriage ceremonies are carried out year-round, and that the installation can be done in a manner that is still sympathetic to the heritage and design of the building. There are also minimal anticipated impacts to parking, particularly if the use is only seasonal with a maximum occupancy load determined by the Ontario Building Code. Staff also noted that the average attendance at a municipal civil wedding ceremony is approximately five people. Washroom facilities would not be required on site as weddings would occur during normal Town Hall business hours from 8:30am to 4:30 and the wedding Page 137 of 154 February 20, 2024 3 of 7 Report No. CMS24-005 customers would meet with their officiant at the Town hall entrance. The Heritage Advisory Committee is generally supportive of introducing a use to the Petch House, and through consultation also suggested cross-programming opportunities be considered, including for school groups, information centres or meetings. The Heritage Advisory Committee is expected to continue to be consulted with on any detailed design and renovation matters moving forward as appropriate. Current demand and expanding Civil Ceremony services demonstrates an opportunity for the Petch House Since 2018, and even with a pandemic impacting possible interest, the Town’s provision of civil ceremonies continues to rise. During the pandemic, the Town of Aurora was one of few municipalities that continued to offer and perform civil ceremonies in a small and safe intimate style to meet current trends for basic ceremonies, inter-faith ceremonies and legal ceremonies for larger destination weddings. Stats have shown that the demand for this type of basic wedding service are on a favourable incline notably, the Town conducted 45 civil ceremonies in 2023. The current setting for these ceremonies is within the government setting of Council Chambers and has limited availability, currently operating one afternoon per week. The Petch House could be a positive alternative location enabling the set-up to remain between ceremonies and increase availability of civil ceremonies which would increase revenue. As it is now, ceremonies have been restricted to Friday’s in order to mitigate the amount of turnover within the space ensuring the Chambers is always available to provide its primary purpose of municipal business. The Petch House is a desirable location for small weddings due to its central location to Town Hall, local restaurants, highway access points and natural green space for wedding photos. Guests would check-in at Town Hall with Access Aurora and the delegated wedding officiant would accompany the wedding party to the Petch House to conduct the service. The Petch House would also be well used for pictures along with the Arboretum entrance and trail area for a natural private setting. Wedding staff would encourage the wedding guests to use the Town Hall public washrooms versus the Seniors Centre location, so it is less disruptive to seniors programming. Based on the short duration of each civil ceremony (less than 30 minutes per service), it would be staff’s recommendation to proceed with minimal improvements to the Petch House. Future additional enhancements could be considered if demand for civil ceremonies continues to rise, however, for the current expected use, a minimal level of work is needed to make this space a functioning wedding chapel, that is marketable for Page 138 of 154 February 20, 2024 4 of 7 Report No. CMS24-005 the current trends in the wedding service industry (rustic, private/intimate, wedding ready with no additional cost of rentals for couples looking for a small space). Based on current demand, minimal upgrades and improvements are needed to make the Petch House viable as a wedding chapel on a seasonal basis Currently, the Petch House is a basic structure (board formed) with windows and doors and is 775 square feet. The space is not currently equipped with any electrical fixtures or lighting. Lighting fixtures controlled by a wall switch will be required to illuminate the interior space. There is an existing electric panel box located in the building. This panel box will be required to be isolated from any public areas. Also, the building has been placed on a concrete slab that is approximately 8 inches lower than the entrance doors. To upgrade the facility to provide a level access, a wooden flooring system needs to be added. The system would be installed on top of the existing slab flooring, then a plywood surface would be finished with a durable flooring product. The space could also use a refresh with some basic cosmetic upgrades and wedding décor. Therefore, staff recommend the following basic improvements to ensure the Petch House is a viable option for wedding services on a seasonal basis (April-October). These basic improvements would have no impact on the heritage features of the Petch House. With these proposed improvements and the type of use (seasonal use), the capacity of the Petch House could hold up to a maximum of 10 people. This structure’s basic compliance with the Ontario Building Code has already been achieved and occupancy may be granted now with the recent replacement of its windows that open and close allowing for adequate air circulation for seasonal bookings. Summary of the proposed upgrades and improvements: - Cosmetic upgrades - Addition of lighting - Accessible ramp added to the entrance door - Flooring system and covering - Security system provisions - Purchase of wedding décor The cost estimate for these improvements would be approximately $50,000. Based on current interest, staff recommend proceeding with the minimal upgrades. In the future, if the demand continues to increase with a desire for year-round access or to support alternative uses (i.e. meeting space), a more significant renovation would be required. This would include the addition of electrical, HVAC and washrooms. This level Page 139 of 154 February 20, 2024 5 of 7 Report No. CMS24-005 of renovation could cost approximately $250,000 and would need to consider the impact on the heritage attributes of the building. Advisory Committee Review Heritage Advisory Committee November 2, 2020 (HAC20-012) and April 5, 2021 (Memo). The Committee expressed questions and concerns about a variety of things including parking capacity, occupant load, washroom facilities, accessibility, seasonal requirements, interior finishes, and the potential impact on any installation on the heritage attributes of the building. No impacts to any heritage attributes are anticipated as part of the proposed conversion. The Heritage Advisory Committee will also continue to be consulted with on detailed design matters moving forward. Legal Considerations The proposed change of use to this facility will not impact the Town’s 2024 insurance premium. If the value of the building increases as a result of the proposed renovations, there may be a small increase to the Town’s insurance premium in 2025. It is recommended that wedding couples book the Petch House through the Town’s Facility Permit Booking system to ensure there is adequate liability insurance in place. Financial Implications At this time staff recommend the above noted basic improvements to this structure totalling approximately $50,000. If Council is supportive of these improvements, it is recommended that it approve the creation of a new capital project with $50,000 in capital budget authority. And, that this capital budget authority be funded from the Heritage reserve fund. With a present balance of $330,700, this reserve contains sufficient reserves to fund this project. Further, these expenditures would be eligible for funding from this reserve. The proposed improvements to the Petch House will enable the town to generate incremental operating revenue for the Town. At this time, it is difficult to estimate how much revenue is possible. Page 140 of 154 February 20, 2024 6 of 7 Report No. CMS24-005 Communications Considerations Should the Petch House be converted to a wedding chapel, Corporate Communications will work closely with Access Aurora Manager, the Town’s wedding officiant to promote the facility as a venue. This will be done by utilizing the Town website, social media, wedding tourism brochures and other promotional materials that could be used to promote our wedding services at bridal shows and other community engagement events. Climate Change Considerations None. Link to Strategic Plan The conversion of the Petch House supports the Strategic Plan goal of supporting an exceptional quality of life for all through its accomplishment in satisfying requirements in the following key objective: Strengthening the fabric of our community: The conversion of the Petch House will provide a unique and desirable community use. Alternative to the Recommendation 1. The Council refuse the conversion of the Petch House to a wedding chapel and direct staff to explore alternative options for the use of the building. Conclusions In order to convert the Petch House to a wedding chapel use seasonally, staff would recommend minimal improvements to make the Petch House viable for small civil wedding ceremonies. Town of Aurora already offers wedding services such as marriage licenses and civil ceremony officiating. Improving the Petch House, will put a currently unused facility into use and provide a nice alternative to the wedding services. Additional enhancements could be considered in the future once we have more information about actual uptake on the Petch House being used in this manner. Staff will work to implement Council’s approval and proceed with the appropriate next steps. Page 141 of 154 February 20, 2024 7 of 7 Report No. CMS24-005 Attachments None. Previous Reports April 17, 2018 - PDS18-038 - Petch House – Potential Conversion to a Wedding Chapel Use Pre-submission Review Agenda Management Team review on February 1, 2024 Approvals Approved by Robin McDougall, Director, Community Services Approved by Doug Nadorozny, Chief Administrative Officer Page 142 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Member Motion Mayor’s Office _______________________________________________________________________________________ Re: Request for Amenity Sharing MOU with School Boards for Evening/Weekend Gymnasium Use To: Members of Council From: Mayor Tom Mrakas Date: February 20, 2024 _______________________________________________________________________________________ Whereas the Town of Aurora recognizes the importance of fostering community engagement and providing recreational opportunities; and Whereas schools are funded by local taxpayers; and Whereas school gymnasiums serve as valuable amenities that can enhance recreational activities for residents; and Whereas existing school board policies/procedures do not prioritize municipal residency within their allocation of the use of space; and Whereas the school board charges a premium rate to use the schools on weekends causing a barrier for the Town or local organizations to afford; 1. Now Therefore Be it Hereby Resolved That this Council requests the Province and the Minister of Education to assist in making school board facilities available to local municipalities on a priority, at a cost recovery rate; and 2. Be It Further Resolved That Council requests the School Boards within the jurisdiction of the Town of Aurora to enter into a Memorandum of Understanding (MOU) with the town for the shared use of school gymnasiums on evenings and weekends; and 3. Be It Further Resolved That a copy of this request be sent to the relevant School Boards, expressing the town's interest in establishing a collaborative agreement for evening and weekend gymnasium access; and Page 143 of 154 Request for Amenity Sharing MOU with School Boards for Evening/Weekend Gymnasium Use February 20, 2024 Page 2 of 2 4. Be It Further Resolved That the town staff is directed to collaborate with the School Boards in drafting the terms and conditions of the MOU, ensuring clarity and fairness in the shared use of these facilities; and 5. Be It Further Resolved That upon reaching an agreement, the MOU shall be presented to Council for review and approval; and 6. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Paul Calandra – Minister of Municipal Affairs and Housing, The Honourable Stephen Leece – Minister of Education, Marit Stiles Leader of the New Democratic Party, Bonnie Crombie Leader of the Ontario Liberals and all MPPs in the Province of Ontario; and 7. 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 of support. Page 144 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Member Motion Councillor’s Office _______________________________________________________________________________________ Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement To: Mayor and Members of Council From: Councillor Rachel Gilliland Date: February 20, 2024 _______________________________________________________________________________________ Whereas all Ontarians deserve and expect a safe and respectful workplace; and Whereas municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; and Whereas several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst municipal members of councils across Ontario; and Whereas these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; and Whereas municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; and Whereas municipal governments have limited abilities in their toolkit to adequately enforce compliance with municipal Codes of Conduct; and Whereas the most severe penalty that can be imposed on a municipal member of council is the suspension of pay for 90 days, even when egregious acts are committed and substantiated; and Whereas AMO has called on the government to table and pass legislation that reflects the following recommendations • Updating municipal Codes of Conduct to account for workplace safety and harassment • Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario Page 145 of 154 Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement February 20, 2024 Page 2 of 2 • Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province • Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity Commissioner • Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office; 1. Now Therefore Be it Hereby Resolved That the Town of Aurora supports the call of action the Association of Municipalities of Ontario, (AMO), has submitted to the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them, in consultation with municipal governments; and 2. Be It Further Resolved That the legislation encompasses the Association of Municipalities of Ontario’s letter of recommendations which includes options for enforcing compliance by council members with Municipal Codes of Conduct such as • Updating municipal Codes of Conduct to account for workplace safety and harassment • Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario • Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province • Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity Commissioner • Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office; and 3. Be It Further Resolved That a copy of this Motion be sent to the Hon. Doug Ford, Premier of Ontario, the Hon. Michael Parsa, MPP Aurora—Oak Ridges—Richmond Hill, and Dawn Gallagher Murphy, MPP Newmarket—Aurora, The Hon. Paul Calandra, Minister of Municipal Affairs and Housing and all 444 Ontario municipalities. Page 146 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Member Motion Councillor’s Office _______________________________________________________________________________________ Re: Windrow Program and Council Compensation To: Mayor and Members of Council From: Councillor John Gallo Date: February 20, 2024 _______________________________________________________________________________________ Whereas on October 24, 2023 Council passed a resolution regarding Council Compensation; and Whereas on September 26, 2023 Council passed a resolution regarding a pilot Snow Windrow Removal program; and Whereas the 2024 budget that was adopted on December 12, 2023 did not reflect either resolution; and Whereas both items were to be funded by the Tax Rate Stabilization Fund; and Whereas as a result of both items being funded by the Tax Rate Stabilization Fund, there is no tax levy increase; 1. Now Therefore Be it Hereby Resolved That the 2024 budget be amended to include the total cost of Council Compensation as outlined in the October 24, 2023 resolution; and 2. Be It Further Resolved That the 2024 budget be amended to include the total cost of the windrow program; and 3. Be It Further Resolved That both items be funded from the tax rate stabilization reserve. Page 147 of 154 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Memorandum Mayor’s Office Re: York Regional Council Highlights of January 25, 2024 To: Members of Council From: Mayor Mrakas Date: February 20, 2024 Recommendation 1. That the York Regional Council Highlights of January 25, 2024, be received for information. Page 148 of 154 1 , Thursday, February 1, 2024 York Regional Council – Thursday, January 25, 2024 Livestreaming of the public session of Council and Committee of the Whole meetings is available on the day of the meeting from 9 a.m. until the close of the meeting. Past sessions are available at York.ca/councilandcommittee York Region calls on senior governments to support asylum seekers York Regional Council passed a resolution calling on the federal government to provide funding to support the ongoing needs of asylum claimants. This funding would compensate York Region for expenses to date, as well as ensuring the Region can continue current levels of interim accommodation and support through to the end of 2024. The resolution speaks to the pressing needs and provincial and federal advocacy for funding in the following critical areas: •Providing funding to York Region to compensate expenses in 2023 ($2.7 million) and offset costs related to the Region’s interim housing and supports to asylum claimants •Providing an additional $14.1 million estimated to offset costs related to the Region’s interim housing and supports to asylum claimants for the balance of 2024 •Increasing Canada Ontario Housing Benefit funding to at least match enhanced provincial allocation of $2.4 million; enabling asylum claimants to settle and find more stable housing •Coordinating and streamlining intake and housing supports by senior levels of government address the increase in asylum claimants in Canada •Providing funding directly to community organizations and service providers, such as churches and faith organizations, that are providing interim housing and settlement supports to asylum seekers Regional Council also requested senior level governments provide funding directly to community organizations and service providers, such as churches and faith organizations that are providing interim housing and settlement supports to asylum seekers. On Thursday, January 31, 2024, the Government of Canada announced an additional $362.4 million in funding for the Interim Housing Assistance Program (IHAP) as part of the 2023-2024 fiscal year. York Region is pleased the Government is acknowledging the work municipalities continue to do on this critical issue and look forward to details on how additional funding will be allocated locally. On September 28, 2023, York Regional Council approved $4.3 million in municipal tax levy funding towards the establishment and operations of a hotel-based interim accommodation and support site in the City of Vaughan for asylum seekers and refugee claimants. In December 2023, York Region expanded its capacity to assist refugee claimants and asylum seekers by opening a second hotel- based interim accommodation and support site in the City of Markham. Page 149 of 154 York Region will continue to collaborate with local municipalities and partners across the Greater Toronto and Hamilton Area and with the federal and provincial governments to help ensure asylum seekers are supported and welcomed. Update on Public Heath in York Region Regional Council received an update from York Region Medical Officer of Health Dr. Barry Pakes, outlining current COVID-19, respiratory illnesses and other public health activities in the community and impacts on the health care system. COVID-19, respiratory illness, population increases, access to primary care and an aging population have contributed to congestion in the acute health care system. These capacity challenges have placed pressure on York Region’s emergency departments who have implemented surge models to prioritize patient care. While COVID-19, RSV and influenza have contributed to high hospital occupancy since late 2023, York Region wastewater surveillance demonstrates cases of RSV, COVID-19 and influenza have peaked and hospitalizations related to these illnesses are beginning to decrease. Thanks to vaccination efforts of public health and York Region residents, particularly in older individuals and high-risk populations, serious outcomes related to COVID-19, including hospitalization and death, remain low across York Region. Immunization remains the most effective tool to protect against COVID-19 and other respiratory illnesses. Residents in all age groups, including older adults and those with compromised immune systems, are encouraged to get vaccinated annually. York Region appoints Laura McDowell Commissioner of Public Works Following a thorough and competitive recruitment process, Regional Council appointed Laura McDowell as the new Commissioner of Public Works for The Regional Municipality of York, effective Monday, February 5, 2024. With more than three decades of private and public sector experience leading large infrastructure projects and programs, Ms. McDowell will play a pivotal role in leading York Region Public Works. Reporting directly to the Chief Administrative Officer, the Commissioner of Public Works is responsible for providing strategic direction and overall leadership of the Public Works department, which includes Operations and Services and Capital Infrastructure Services. This portfolio has oversight for water and wastewater facilities, waste management, natural heritage and forestry services, York Region Transit, road user safety, transportation systems and traffic operations. York Region participates in Ontario 2024 Budget consultations Regional Council is supporting its growing and diverse communities by participating in provincial 2024 budget consultations. Comments will be submitted addressing five key areas: • Financial impacts of More Homes Built Faster Act, 2022 • Infrastructure required to meet provincial housing targets • Housing affordability challenges • Transit priorities • Human and health service needs To continue delivering fiscally sustainable programs and services to more than 1.2 million residents, York Region will investigate and advocate for additional funding from senior levels of government. Page 150 of 154 Celebrating York Regional Forest 100th anniversary Regional Council and The Regional Municipality of York are recognizing the 100th anniversary of the York Regional Forest with a year-long celebration packed with free activities, events and historical exhibits for everyone to enjoy. After a century of restoration efforts, and now guided by It’s in Our Nature: Management Plan for the York Regional Forest, today’s Regional Forest adds up to over 2,500 hectares and is made up of 24 forest tracts located in different parts of the Region. To commemorate the 100th anniversary, a 142-hectare property acquired in 2021 at McCowan Road and Queensville Sideroad in the Town of East Gwillimbury will be named the “Centennial Tract”. As part of celebrations, a community tree planting event will be held at this tract in 2024. Learn more about the York Regional Forest’s 100-year anniversary, its history and activities and events at york.ca/Forest100 York Region assumes jurisdiction of two Township of King Roads At the Township of King’s request, Regional Council has approved transferring ownership of the following road sections to York Region effective June 1, 2024: • Keele Street from Lloydtown/Aurora Road to Davis Drive • 17th Sideroad from Jane Street to Dufferin Street These sections are a logical extension of existing Regional road corridors and provide increased efficiency for ongoing maintenance and operations. Road transfers from a local city or town to York Region, or from York Region to a local city or town, are subject to the Regional Road Assumption Policy. In June 2023, the Township of King requested York Region assume jurisdiction of these road sections and complete intersection improvements, including a pedestrian crosswalk and revising the Parking and Stopping on Regional Roads Bylaw. The transfer also includes road reconstruction and rehabilitation, ongoing asset management, winter maintenance and landscaping costs. It’s estimated to cost $216,000 from June to December 2024. For the 10-year budget period from 2025 to 2034, the financial impact is estimated to be $15.3 million, with pavement reconstruction on Keele Street. Regional roads are typically main arterial roadways that connect our nine local cities and towns. Learn more about Regional roads at york.ca/roads Long-term care transformation better supports mental health and well-being of residents York Region supports Canadian Standards Association group’s new draft national standard on mental health and well-being of residents in long-term care and assisted living settings to ensure high quality care nationwide. York Region provided recommendations building on the Region’s previous advocacy and identifying the need for funding and Provincial support ahead of implementation. The Canadian Standards Association Group developed the draft national standard to provide guidance and improve care in long-term care and assisted living. This standard is in addition to two national standards Health Canada is considering through the development of the Safe Long-Term Care Act. York Region operates two long-term care homes, the Newmarket Health Centre and Maple Health Centre, and is committed to support the mental health and well-being of long-term care residents. Page 151 of 154 York Region provides over $1 million to strengthen business community The Regional Municipality of York has committed $1,080,600 funding to continue strengthening York Region’s business economy through fostering innovation with a focus on international and women-led tech entrepreneurs. In partnership with York University and Treefrog Inc., funding for Project JumpSTART will help increase local employment and economic growth, promote equity and diversity and expand business and entrepreneurship guidance and resources for York Region’s northern six municipalities. Project JumpSTART leverages financial support from several levels of government and builds on existing entrepreneurial-focused programs and accomplishments in York Region innovation. The Economic Development Action Plan is founded on pillars of business, innovation and talent. Business incubators and accelerators play an important role in supporting business innovation in York Region, contributing to economic prosperity. For more information on economic development and available resources to grow a business, visit YorkLink.ca York Region prepared for emergency or disaster Regional Council received the Emergency Management Program Annual Compliance review report, outlining activities undertaken to ensure annual regulations are met and Regional staff are prepared to respond in times of emergency. Under the Emergency Management and Civil Protection Act and Ontario Regulation 380/04, York Region is required to create and maintain an emergency management program and emergency response plan, identify critical infrastructure, conduct training and exercises and promote public awareness. York Region also partnered with York Regional Police and the nine local cities and towns to complete an annual Hazard Identification and Risk Assessment (HIRA). Top hazards identified through this exercise and most likely to impact York Region include: • Infectious Diseases • Winter/Weather/Ice Storm • Electrical Energy Outage • Cyber Attack Tornado Residents can do their part by preparing a personal emergency plan and 72-hour emergency kit. York Region appoints KPMG as municipal auditor Regional Council has appointed KPMG as its municipal auditor for a term of five years, covering fiscal years 2024 to 2028. Under the Municipal Act, Ontario municipalities are required to retain a municipal auditor licensed under the Public Accounting Act to annually audit accounts and transactions of the region and its boards. The municipal auditor is also responsible for expressing an opinion of the annual financial statements for these bodies. As Shareholder of the Region’s three corporations, Housing York Inc., YTN Telecom Network Inc. and York Region Rapid Transit Corporation, Regional Council appointed KMPG as auditors for these entities. Page 152 of 154 Alzheimer’s Awareness Month Regional Council recognized January as Alzheimer’s Awareness Month and encouraged residents to learn more about dementia and its impacts on individuals and families. Through York Region’s Adult Day programs, vulnerable residents suffering from dementia and other cognitive health issues are provided a safe and secure environment to participate in meaningful daily activities and exercises. These programs offer critical support to residents living with dementia and their families and caregivers. Tamil Heritage Month Regional Council recognized January as Tamil Heritage Month and acknowledged the many contributions of Tamil Canadians. As one of the fastest growing and most diverse communities in Canada, York Region is home to a large Tamil population who add to the social, economic, political and cultural fabric of our communities. Crime Stoppers Awareness Month Regional Council recognized January as Crime Stoppers Awareness Month and acknowledged the important role residents, law enforcement and the media play in keeping our communities safe. As a non-profit community organization, Crime Stoppers of York Region is a collaborative and proactive effort to provide residents with a program to anonymously assist with solving crime. National Day of Remembrance for Victims of Air Disasters On Monday, January 8, 2024, Regional Council recognized National Day of Remembrance for Victims of Air Disasters and honoured the many lives lost in these tragedies, including the victims of Ethiopian Airlines Flight 302, Air India Flight 280, Air Ontario Flight 1362 and other smaller incidents. York Region also marked the fourth anniversary of the tragic and unnecessary downing of Ukraine International Airlines Flight 752, which claimed 176 innocent lives, including 57 Canadians, 26 York Region residents and a York Region staff member, Bahareh Karami. National Non-Smoking Week Regional Council recognized January 21 to 27, 2024, as National Non-Smoking Week, which aims to educate on the dangers of smoking, help people quit and assist in the goal of a smoke-free Canada York Region Public Health provides several cost-free smoking cessation programs and resources for residents looking to quit at york.ca/substanceabuse Bell Let’s Talk Day Regional Council recognized Wednesday, January 25, 2024, as Bell Let’s Talk Day and acknowledged the importance of having real and meaningful conversations to end the stigma associated with mental health. Since 2010, the Bell Let’s Talk initiative has helped more than 1,500 organizations support 6.9 million Canadians with access to mental health services and created a national conversation about mental health that continues to create meaningful and positive change. International Day of Clean Energy Regional Council recognized Friday, January 26, 2024, as International Day of Clean Energy, which calls for meaningful steps towards achieving more reliable and sustainable modern energy systems. Page 153 of 154 As part of Regional Council’s efforts to achieve net zero greenhouse gas emissions by 2050, York Region continues to take steps to reduce energy consumption across the organization and support electrification of the Regional fleet and transit vehicles. Standing up to hate and intolerance Regional Council recognized Saturday, January 27, 2024, as International Holocaust Remembrance Day and Monday, January 29, 2024, as National Day of Remembrance for the Quebec City Mosque Attack, honouring the six million Jewish victims of the Holocaust and the victims of the Quebec City act of terror. In the wake of conflicts and events taking place around the world, these two days serve as a sobering reminder that hate has no place in our communities and that more must be done to build an inclusive and welcoming York Region. Regional Council also supported the launch of the #EndHateYR campaign aimed at reducing hate crime and hate incidents in the community. Developed in collaboration with York Regional Police’s Hate Crimes Unit, the #EndHateYR campaign provides education and awareness about hate motivated crimes and incidents, impact on individuals and how community members can work together to eliminate hate and support those impacted. Residents are encouraged to help end the cycle of hate and support welcoming communities by visiting york.ca/EndHate Celebrating Black History Regional Council recognized February as Black History Month and acknowledged the many achievements and contributions of all Black Canadians that have helped make Canada a culturally diverse, compassionate and prosperous nation. As one of Canada’s most diverse communities and home to a fast-growing number of people who self- identify as Black or of African Heritage, York Region values its diverse and ethnically rich population as a source of strength, vitality and economic opportunity. Black History Month is an opportunity to learn about the diversity of Black communities in York Region and to celebrate the important contributions of Black Canadians to the settlement, growth and prosperity of the country. Next meeting of York Regional Council York Regional Council will meet on Thursday, February 22, 2024, at 9 a.m. in the York Region Administrative Centre Council Chambers, located at 17250 Yonge Street in the Town of Newmarket. The meeting will be streamed on york.ca/live The Regional Municipality of York consists of nine local cities and towns and provides a variety of programs and services to more than 1.2 million residents and 55,600 businesses with more than 615,000 employees. More information about the Region’s key service areas is available at york.ca/regionalservices -30- Media Contact: Kylie-Anne Doerner, Corporate Communications, The Regional Municipality of York Phone: 1-877-464-9675, ext. 71232 Cell: 289-716-6035 kylie-anne.doerner@york.ca Page 154 of 154