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AGENDA - Council - 20151124COUNCIL WORKSHOP AGENDA (Procedural By-law Review) TUESDAY,NOVEMBER 24,2015 4:30 P.M.–6:30 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE November 20,2015 TOWN OF AURORA COUNCIL WORKSHOP AGENDA Tuesday,November 24,2015 4:30 p.m.–6:30 p.m. Council Chambers 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF 2.APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by Legal and Legislative Services be approved. 3.CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION 4.READING OF BY-LAW RECOMMENDED: THAT the following confirming by-law be given first,second,and third readings and enacted: 5792-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Workshop on November 24,2015. pg.90 5.ADJOURNMENT Council Workshop Agenda Tuesday,November 24,2015 Page 2 of 2 AGENDA ITEMS 1.Procedural By-law Review pg.1 RECOMMENDED: THAT Council provide direction. November24,20154:30p.m.to6:30p.m.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -1 -1 - Slide2TopicsforDiscussionSlides1.Background…………………………………..3-42.Purpose…………….…………………………53.RoleofaProceduralBy-law…...….………..6-84.ThemesandOptionsa)Council/CommitteeStructure………….9-13b)MeetingTime&Schedule……………..14-22c)Agenda&OrderofBusiness……….....23-34d)RulesofDebate…………………………35-37e)PublicParticipation……………………..38-44f)NoticesofMotion……………………….45-47g)SpecificMotions………………………...48-54h)Voting…………………………………….55-57i)OtherIssues…………………………….58-625.NextSteps..............…………….…………...63Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -2 -2 - Slide3Background•By-lawNumber5330-11(Attachment1)enactedonNovember22,2011–“ReconsiderationofMatter”rulesamendedbyBy-lawNumber5488-13[section8.14]–“NoticeofMotion”rulesamendedbyBy-lawNumber5556-13[sections3.3and3.13(a)]•CouncilMotionpassedonAugust25,2015,toholdaProceduralBy-lawReviewworkshoppriortotheendof2015.•MembersofCouncilwererequestedtocompleteasurveyidentifyinganychallengeswiththecurrentProceduralBy-lawandopportunitiestoimproveCouncilandCommitteerules.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -3 -3 - Slide4Background(cont’d)•OnSeptember29,2015,CouncilreferredthefollowingmotiontotheProceduralBy-lawReviewworkshop:WHEREASMembersofCouncilaretheelectedrepresentativesofthepeopleofAurora;andWHEREASitistheresponsibilityofCounciltomakeinformeddecisionsonbehalfofourconstituents;andWHEREASitisfundamentaltoahealthy,democraticsociety,andisoftheupmostimportancethatMembersofCouncilandthepublichaveadequatetimetocarefullyreviewCouncilandCommitteeagendaspriortoameeting;NOWTHEREFOREBEITHEREBYRESOLVEDTHATstaffbedirectedtoreporttoCouncilonimplementingthefollowingprocesschanges:1.AgendasforCouncilandCommitteemeetingsaretobemadeavailabletoMembersofCouncilandthepublicnolaterthanseven(7)dayspriortotherespectivemeeting;and2.AdditionalItems,alsoknownasaddendumstoanagenda,aretobemadeavailabletoMembersofCouncilandthepublicnolaterthantwenty-four(24)hourspriortotherespectivemeeting;andBEITFURTHERRESOLVEDTHATthisreportbebroughtforwardnolaterthantheGeneralCommitteemeetingofDecember1,2015.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -4 -4 - Slide5Purpose•ToprovideabriefoverviewofthePrinciplesofParliamentaryProcedureandtheroleofaProceduralBy-law•ToreviewthekeythematicareasoftheProceduralBy-lawanddetermineifchangestotheProceduralBy-lawarerequired•Ifchangesarerequired,toendorsepolicystatementsthatstaffwillusetoreportbackonpossibleamendmentstotheProceduralBy-lawCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -5 -5 - Slide6RoleofaProceduralBy-lawPRINCIPLESOFPARLIAMENTARYPROCEDURE•Therearewell-establishedprinciplesofparliamentaryprocedurethatshouldguideCouncilindeterminingthecontentandinterpretationofaProceduralBy-law.Thekeyprinciplesare:1.ThatthemajorityofMembersofCouncilmakethedecisions.EveryMemberhastherighttoonevote,unlesspreventedbylaw;2.EachMemberofCouncilhastherighttobeheardonamatter,unlesspreventedbylaw;3.EachMemberofCouncilhastherighttoinformationtohelpmakedecisions,unlesspreventedbylaw;4.EachMemberofCouncilhastherighttoanefficientmeeting;and5.EachMemberofCouncilhastherighttobetreatedwithrespectandcourtesy.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -6 -6 - Slide7RoleofaProceduralBy-law(cont’d)PURPOSEOFPROCEDURALBY-LAW•TheProceduralBy-lawshouldestablishrulesthatupholdtheprinciplesofparliamentaryprocedure.•AkeyconsiderationinadoptingaProceduralBy-lawshouldbetoensureeffectiveandefficientmeetingsthatpromotegooddecision-making,whileensuringthattherightsofMembersofCouncilareupheld.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -7 -7 - Slide8RoleofaProceduralBy-law(cont’d)RECOMMENDATIONS1.THATtheinclusionofthefollowingprinciplesofparliamentaryprocedureintheProceduralBy-lawasaninterpretivetoolbeendorsed:a)EveryMemberhastherighttoonevote,unlesspreventedbylaw;b)EachMemberofCouncilhastherighttobeheardonamatter,unlesspreventedbylaw;c)EachMemberofCouncilhastherighttoinformationtohelpmakedecisions,unlesspreventedbylaw;d)EachMemberofCouncilhastherighttoanefficientmeeting;ande)EachMemberofCouncilhastherighttobetreatedwithrespectandcourtesy.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -8 -8 - Slide9Council/CommitteeStructureCURRENTRULES•Councilhasestablishedtwo(2)StandingCommittees:–GeneralCommittee–AuditCommittee•StandingCommitteesmakerecommendationstoCouncilonmatterswithintheirjurisdiction•StandingCommitteeshavenodelegatedauthority•Otherthanproceduraldecisionsrequiredtooperatethemeeting,allCommitteedecisionsmustbeconfirmedatafutureCouncilmeetingCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -9 -9 - Slide10Council/CommitteeStructure(cont’d)SURVEYCOMMENTS•Generallythestructureisworkingwell•ThereisverylittlebenefittotheGeneralCommittee(“GC”)andCouncilstructure,withissuesoftenbeingdebatedatbothGCandCouncilmeetings•Meetingsarenotefficient•RotationofChairdutiesatGeneralCommitteeshouldbemaintainedCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -10 -10 - Slide11Council/CommitteeStructure(cont’d)SURVEYCOMMENTS(cont’d)•ArethereotherCouncil/CommitteestructuresthatcanbeappliedtoAurora?•Othercommentsreceivedthatwillbeconsideredunderotherthematicareas:–Members’speakingtime–NoticeofMotionrules–Useofclearlanguagetodescribea“PointofOrder”ora“QuestionofPrivilege”Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -11 -11 - Slide12Council/CommitteeStructure(cont’d)STAFFOBSERVATIONS•SpecialGeneralCommittee–BudgetoperatesdifferentlythanregularGCmeetings:–CouncilMembershaveexpressedadesiretobeabletodirectStafftobringforthinformationtofutureBudgetmeetings.–CommitteerecommendationsareplacedontheCouncilagendaasaconsolidatedStaffReport(notaCommitteereport).–The‘PublicForum’thatisaregularitemonBudgetagendasisnotaccountedforinProceduralBy-lawsection3.3.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -12 -12 - Slide13Council/CommitteeStructure(cont’d)RECOMMENDATIONS1.THATthecreationofanew“BudgetCommittee,”comprisedofallMembersofCouncil,tomakerecommendationstoCouncilonapprovaloftheTown’sannualOperatingandCapitalBudgetsbeendorsed;and2.THATtheBudgetCommitteeorderofbusinessbethesameascurrentlyusedforSpecialGeneralCommittee–Budgetmeetings;and3.THATtheBudgetCommitteebedelegatedtheauthorityto:a)ApprovethemeetingminutesofBudgetCommittee;b)DirectStafftobringforwardinformationtotheBudgetCommitteeasneeded,anddefermatterstoafutureBudgetCommitteemeeting;andc)DirectStafftoprepareandbringforthforCouncil’sconsiderationareportsummarizingCommitteerecommendationsontheannualCapitalandOperatingBudgets.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -13 -13 - Slide14MeetingTime&ScheduleCURRENTRULES•GeneralCommitteeshallgenerallymeetonthefirstandthirdTuesdayofthemonthat7p.m.•CouncilshallgenerallymeetonthesecondandfourthTuesdayofthemonthat7p.m.•SpecialCouncil–PublicPlanning–CouncilshallmeetonthelastWednesdayofthemonthat7p.m.•TherewillbeonlyoneCouncilmeetingineachofJulyandAugust.•Forameetingtoextendpast10:30p.m.,amotionmustbepassedonamajorityvote.•Forameetingtoextendpast11p.m.,amotionmustbepassedonatwo-thirds(2/3)vote.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -14 -14 - Slide15MeetingTime&Schedule(cont’d)SURVEYCOMMENTS•ThecurrentstarttimeforCouncilandCommitteeshouldbemaintained.•Theendtimeformeetingsshouldberevisited.•Changetotwo(2)GeneralCommitteemeetingsandone(1)regularCouncilmeetingeachmonth•OpenForum,ifmaintained,shouldbeginat6:45p.m.priortotheCouncilmeeting.•Therulesonwhenmeetingsendshouldbeconsidered.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -15 -15 - Slide16MeetingTime&Schedule(cont’d)SURVEYCOMMENTS(cont’d)•Additionalmeetingsinthesummermonthsarerequired.•Budgetmeetingsshouldbeheldatvarioustimes(days,weekendsandevenings)toallowthepublictoattend.•AttendanceatCommitteemeetingsduringthebusinessday(e.g.,Budgetmeetings)isdifficultforpart-timeCouncillors.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -16 -16 - Slide17MeetingTime&Schedule(cont’d)STAFFOBSERVATIONS•ProceduralBy-lawshouldbeamendedtoensurethattheadoptionoftheannualmeetingcalendarbyresolutiondoesnotrequirewaiveroftheproceduralby-law.•AdoptionofthemotiontoprovideCouncil/Committeeagendasseven(7)dayspriortoameetingwouldrequirealterationstothemeetingtimeandschedule.•NoticerequirementsforthecallingofSpecialCouncilmeetingsshouldbeclarified.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -17 -17 - Slide18MeetingTime&Schedule(cont’d)OPTIONS–RegularMeetingCycle1.Two(2)GeneralCommitteemeetings,one(1)RegularCouncilmeeting,andone(1)PublicPlanningmeetingheldpermonth:a)GeneralCommitteemeetingswillnormallybeheldonthefirst(1st)andsecond(2nd)Tuesdayofeachmonth;b)RegularCouncilmeetingswillnormallybeheldonthefourth(4th)Tuesdayofthemonth,toconsiderthereportsoftheGCmeetingsearlierthatmonth;c)SpecialCouncil–PublicPlanningmeetingswillnormallybeheldonthethird(3rd)Wednesdayofthemonth;andd)Onlyone(1)GeneralCommitteemeeting,one(1)Councilmeeting,andone(1)SpecialCouncil–PublicPlanningmeetingwillbeheldineachofDecemberandJanuary.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -18 -18 - Slide19MeetingTime&Schedule(cont’d)OPTIONS–RegularMeetingCycle(cont’d)2.EliminateGeneralCommitteemeetings,withallbusinessgoingdirectlytoRegularCouncilmeetings(exceptPublicPlanningmeetings):a)Holdthree(3)RegularCouncilmeetingspermonth,normallyonthefirst(1st),second(2nd)andfourth(4th)Tuesdayofeachmonth;andi.OnlyTwo(2)RegularCouncilmeetingsandone(1)SpecialCouncil-PublicPlanningmeetingwillbeheldineachofDecemberandJanuary;orb)Holdfour(4)RegularCouncilmeetingspermonthonTuesdays;i.Onlytwo(2)RegularCouncilmeetingsandone(1)PublicPlanningmeetingwillbeheldineachofDecemberandJanuary;andii.Holdone(1)SpecialCouncil–PublicPlanningmeetingeachmonth,normallyonthelastWednesdayofthemonth.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -19 -19 - Slide20MeetingTime&Schedule(cont’d)RECOMMENDATIONS–RegularMeetingCycle1.THATthefollowingscheduleofregularCouncil,GeneralCommitteeandSpecialCouncil–PublicPlanningmeetingsbeendorsed:a)GeneralCommitteemeetingswillnormallybeheldonthefirst(1st)andsecond(2nd)Tuesdayofeachmonth;b)RegularCouncilmeetingswillnormallybeheldonthefourth(4th)Tuesdayofthemonth;c)SpecialCouncil–PublicPlanningmeetingswillnormallybeheldonthethird(3rd)Wednesdayofthemonth;andd)Onlyone(1)GeneralCommitteemeeting,one(1)Councilmeetingandone(1)PublicPlanningmeetingwillbeheldineachofDecemberandJanuary.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -20 -20 - Slide21MeetingTime&Schedule(cont’d)OPTIONS–SummerMeetingCycle1.IfCouncilmaintainsthecurrentalternatingGC/Councilmeetings:a)Holdone(1)GCmeetingandone(1)CouncilmeetingineachofJulyandAugust;orb)Holdatotalofthree(3)RegularCouncilmeetingsthroughJulyandAugust;orc)Maintaincurrentpracticeofholdingone(1)CouncilmeetingineachofJulyandAugust,withadditionalSpecialCouncilmeetingsbeingcalledasrequired.2.IfCounciladoptsregularmeetingcycleOption1(2GCmeetingsand1Councilmeetingpermonth):a)Holdtwo(2)GCmeetingsandone(1)CouncilmeetingineitherJulyorAugust;orb)Holdatotalofthree(3)RegularCouncilmeetingsthroughJulyandAugust.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -21 -21 - Slide22MeetingTime&Schedule(cont’d)OPTIONS–SummerMeetingCycle(cont’d)3.IfCounciladoptstheRegularMeetingCycleOption1(2GCmeetingsand1Councilmeetingpermonth):a)Holdtwo(2)GCmeetingsandone(1)CouncilmeetingineitherJulyorAugust;orb)Holdatotalofthree(3)RegularCouncilmeetingsthroughJulyandAugust.4.Additionalproceduralconsiderationstoimprovesummermeetingagendamanagement:a)Donotinclude‘presentationsofgeneralinterest’atsummerCouncilmeetingsb)NoticeofMotion:i.PermitaNoticeofMotiontobeconsideredatthemeetingwherenoticehasbeengivenifitisatime-sensitivematter;andii.PlacealimitonthenumberofNoticesofMotionpermittedpermeeting.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -22 -22 - Slide23Agenda&OrderofBusinessCURRENTRULES(RegularCouncil)•TheOrderofBusinessforaRegularCouncilmeetingis:SubjectMatterSubjectMatter1DeclarationofPecuniaryInterestandGeneralNatureThereof8Delegations2ApprovaloftheAgenda9ConsiderationofItemsRequiringSeparateDiscussion3AdoptionoftheMinutes10NoticesofMotion/MotionsforWhichNoticeHasBeenGiven4Presentations11NewBusiness/GeneralInformation5PublicServiceAnnouncements12ReadingofBy-laws6DeterminationofItemsRequiringSeparateDiscussion13ClosedSession7AdoptionofItemsNotRequiringSeparateDiscussion14AdjournmentCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -23 -23 - Slide24Agenda&OrderofBusiness(cont’d)CURRENTRULES(GeneralCommittee)•TheOrderofBusinessforaGeneralCommitteemeetingis:SubjectMatterSubjectMatter1DeclarationofPecuniaryInterestandGeneralNatureThereof7ConsiderationofItemsRequiringSeparateDiscussion2ApprovaloftheAgenda8NoticesofMotion3DeterminationofItemsRequiringSeparateDiscussion9NewBusiness/GeneralInformation4AdoptionofItemsNotRequiringSeparateDiscussion10ClosedSession5Delegations11Adjournment6PresentationsbytheAdvisoryCommitteeChairCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -24 -24 - Slide25Agenda&OrderofBusiness(cont’d)CURRENTRULES(SpecialCouncil)•TheOrderofBusinessforaSpecialCouncilmeetingis:SubjectMatterSubjectMatter1DeclarationofPecuniaryInterestandGeneralNatureThereof4ConsiderationofBusinessForWhichNoticeWasGiven2ApprovaloftheAgenda5By-laws3Delegations6AdjournmentCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -25 -25 - Slide26Agenda&OrderofBusiness(cont’d)SURVEYCOMMENTS•Agendasshouldbeprovidedatleast7dayspriortoameeting,withadditionalitemsprovidedatleast24hourspriortoameeting.•Thecurrentrulesareworkingwell.•ItemsthatrequireCouncildecisionshouldbeseparatedfrominformationalitemsontheagenda.•TheConfirmingBy-lawshouldbelistedasaseparateOrderofBusinessitem.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -26 -26 - Slide27Agenda&OrderofBusiness(cont’d)STAFFOBSERVATIONS(General)•TheConfirmingBy-law,whichcannotbepasseduntilafterCouncilClosedSessionmeetings,shouldbelistedasaseparateOrderofBusiness.•‘PresentationsbytheAdvisoryCommitteeChair’rarelyhappen,withtheChairscommentsonspecificCommitteeminutesandrecommendationsusuallyoccurringduringconsiderationoftheminutes.•‘DeclarationofPecuniaryInterestandGeneralNatureThereof’shouldoccurfollowingapprovaloftheAgenda.MembersarerequiredtodeclarepecuniaryinterestinItemsontheAgenda,whichisnotsetuntilapproved(i.e.,Itemsgetaddedandremovedduringconsiderationof“ApprovaloftheAgenda”).Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -27 -27 - Slide28Agenda&OrderofBusiness(cont’d)STAFFOBSERVATIONS(InformationReports)•Municipalitiesareadopting“InformationReport”policiesthatpermitCouncilandCommitteemeetingstobefocusedonmunicipalbusinessthatrequiresactionordecisions.•ThegeneralprinciplesofanInformationReportpolicyareasfollows:1.InformationReportsaredefinedas:a)AReportthatispreparedforCouncilandgenerallyrelatestoamatterconsideredatCouncilorGeneralCommittee;andb)DoesnotcontainrecommendationsrequiringCouncilactionordecisions,norwouldthereportgenerallyresultinafuturereportthatwouldrequireCouncilactionordecisions.2.InformationReportsdonotincludereportsspecificallyrequestedbyCouncilmotion.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -28 -28 - Slide29Agenda&OrderofBusiness(cont’d)STAFFOBSERVATIONS(InformationReports)(cont’d)•ThegeneralprinciplesofanInformationReportpolicy(cont’d):3.InformationReportsareroutinelyandregularlypublishedontheMunicipalities’websitesforreviewbyMembersofCouncilandthepublic.4.MembersofCouncilwouldbenotifiedbyemailofthepostingoftheInformationReports,includingthedateandtitle.5.MembersofCouncilmayrequestthatanInformationReportbelistedonanAgendafordiscussionorquestions.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -29 -29 - Slide30Agenda&OrderofBusiness(cont’d)RECOMMENDATIONS(General)1.THATthelistingoftheConfirmingBy-lawasaseparateCouncilAgendaItembeendorsed;and2.THATtheremovaloftheGeneralCommitteeAgendaItem“PresentationsbytheAdvisoryCommitteeChair”beendorsed;and3.THATthelistingof“DeclarationofPecuniaryInterestandGeneralNatureThereof”following“ApprovaloftheAgenda”beendorsed;and4.THATstaffreportbackonimplementingapolicythatInformationReports,generallydefinedasstaffreportsthatdonotcontainrecommendationsrequiringCouncilactionordecisions,normallybepublishedontheTown’swebsiteandonlybeincludedonaCouncilorCommitteeAgendaifrequestedbyaMemberofCouncil.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -30 -30 - Slide31Agenda&OrderofBusiness(cont’d)PUBLISHINGAGENDAS7DAYSPRIORTOAMEETINGOPTION1•IfthecurrentmeetingscheduleofalternatingGCandCouncilmeetingsismaintained:1.GCAgendastobeprovidedseven(7)dayspriortothemeeting(i.e.,ontheTuesdaypriortothemeeting);2.GCAdditionalItemstobepublished24hoursbeforethemeeting;3.CouncilAgendastobeprovidedontheFridaypriortothemeeting(toallowpreparationoftheGeneralCommitteeReportandrecommendations);and4.CouncilAdditionalItemstobeprovidedonthedayofthemeeting.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -31 -31 - Slide32Agenda&OrderofBusiness(cont’d)PUBLISHINGAGENDAS7DAYSPRIORTOAMEETINGOPTION2•IfthecurrentmeetingscheduleofalternatingGCandCouncilmeetingsismaintained:1.Thealternatingscheduleofmeetingswouldbechangedtothefollowing:2.GCandCouncilAgendastobeprovidedseven(7)dayspriortothemeeting;and3.GCandCouncilAdditionalItemstobepublished24hoursbeforethemeeting.WEEK1WEEK2WEEK3WEEK4GCMeetingCouncilMeetingtoconsiderWeek4GCReportofthepreviousmonthGCMeetingCouncilMeetingtoconsiderWeek1GCReportofthecurrentmonthCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -32 -32 - Slide33Agenda&OrderofBusiness(cont’d)PUBLISHINGAGENDAS7DAYSPRIORTOAMEETINGOPTION3•IfCouncilchoosestochangethemeetingstructuretoCouncilmeetingsonly(i.e.,eliminatingGeneralCommittee):1.CouncilAgendatobeprovidedseven(7)dayspriortothemeeting(i.e.,ontheTuesdaybefore);and2.CouncilAdditionalItemstobepublished24hoursbeforethemeeting.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -33 -33 - Slide34Agenda&OrderofBusiness(cont’d)PUBLISHINGAGENDAS7DAYSPRIORTOAMEETINGOPTION4•IfCouncilchoosestoadoptatwo(2)GCandone(1)CouncilMeetingschedulepermonth:1.GCandCouncilAgendastobeprovidedseven(7)dayspriortothemeeting;and2.GCandCouncilAdditionalItemstobepublished24hoursbeforethemeeting.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -34 -34 - Slide35RulesofDebateCURRENTRULES•ToaddressCouncil,aMembershallrequesttospeakandberecognizedbytheChair.•Whentwo(2)ormoreMembersindicatetheirdesiretospeakatthesametime,theChairshalldesignatetheorderofspeakers.•NoMembershallspeakforlongerthanten(10)minutesonaquestionwithoutCouncil’spermission.•NoMembershallspeakmorethantwicetothesamequestionwithoutCouncil’spermission,exceptthatareplyshallbepermittedonlyfromaMemberwhohaspresentedthemainmotion.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -35 -35 - Slide36RulesofDebate(cont’d)SURVEYCOMMENTS•Thereshouldbestricterlimitsonspeakingtimesandgreaterenforcement.•Members’speakingtimesatCouncilandGeneralCommitteeshouldbechangedtotwo(2)timesforamaximumoffive(5)minuteseachtime.•Thecurrentrulesareworkingwell.•Members’speakingtimesshouldbechangedasfollows:–AtCommitteemeetings,Membersshouldbepermittedtospeaktwiceonasubject,thefirsttimebeingforamaximumoften(10)minutes,andthesecondtimebeingforamaximumoffive(5)minutes;and–AtCouncilmeetings,Membersshouldbepermittedtospeaktwiceonasubjectforamaximumoffive(5)minuteseachtime.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -36 -36 - Slide37RulesofDebate(cont’d)OPTIONS1.Members’speakingtimesatCouncilandGeneralCommitteeshouldbechangedtotwo(2)timesforamaximumoffive(5)minuteseachtime.2.Members’speakingtimesshouldbechangedasfollows:a)AtCommitteemeetings,Membersshouldbepermittedtospeaktwiceonasubject,thefirsttimebeingforamaximumoften(10)minutes,andthesecondtimebeingforamaximumoffive(5)minutes;andb)AtCouncilmeetings,Membersshouldbepermittedtospeaktwiceonasubjectforamaximumoffive(5)minuteseachtime.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -37 -37 - Slide38PublicParticipationCURRENTRULES(Delegations&Presentations)•DelegationsshallbeencouragedtoappearattheappropriateCommitteefirst.•TheClerkshallgivedueconsiderationtothelengthoftheagendaandthenumberofDelegationsandshalladvisetotherequestertheearliestpossibledatewhentheirDelegationmaybeaccommodated.(CommitteeOnly)•Amaximumofthree(3)DelegationsshallbeallowedtoaddressCouncilpermeeting.•Nopersonotherthanthedesignatedspokespersonmayspeakonthematterandnotformorethanfive(5)minutes.•ADelegationnotontheagendashallnotbeheardwithouttheconsentofatleastatwo-thirdsmajorityoftheMemberspresent.•PresentationsofgeneralinterestshallbeplacedontheCouncilagendaandshallbelimitedtoten(10)minutesperpresentation.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -38 -38 - Slide39PublicParticipation(OpenForum)CURRENTRULES(OpenForum)•Duringthetwenty(20)minutesprecedingeachRegularCouncilMeeting,theMembersshallattendintheCouncilChambersforthepurposeofprovidinganinformalopportunityforanypersontovoiceopinionsonsubjectsofmunicipalconcern.•EachpersonshallberequiredtosigntheOpenForumRegisterpriortobeingpermittedtoaddressCouncil,andeachpersonshallbelimitedtoaddressingCouncilforamaximumoffive(5)minutes.•NodecisionswillbemadeasaresultofcommentsmadeduringOpenForum.•AnycommentsmadeduringOpenForumshallnotformpartoftheminutesoftheCouncilmeeting.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -39 -39 - Slide40PublicParticipation(cont’d)SURVEYCOMMENTS•Providemoretimeforregistrationasdelegates.•Thecurrentrulesareworkingwell.•ThecurrentAdvisoryCommitteeminuteprocessisworkingwell.•EliminateOpenForum,ormoveitto6:45p.m.•Moreflexibilityforpublicparticipation(e.g.,allowPresentersandDelegatestoanswerquestionsduringdebateonthespecificItem,andallowthepublictoparticipateremotelyinmeetingbyemailquestions)•DelegatesandPresentersareoftenprovidedadditionalspeakingtimewhichisnotefficient.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -40 -40 - Slide41PublicParticipation(cont’d)STAFFOBSERVATIONS•DelegatescanappearatbothGeneralCommitteeandCouncil,limitingopportunitiesforotherdelegatestoaddressanAgendaItem.•TherequirementsoftheProceduralBy-lawareoftenwaivedtopermitstaffpresentationsordelegationstoexceedtheten(10)orfive(5)minuterule.•DelegationandPresentationmaterialisnotprovidedtotheClerk’sdivisioninsufficienttimeforinclusionontheAgenda.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -41 -41 - Slide42PublicParticipation(cont’d)OPTIONS(OpenForum)1.EliminateOpenForumTHATtheremovalofOpenForumfromtheProceduralBy-lawbeendorsed.2.MoveOpenForumto6:45p.m.THATachangeinthestarttimeofOpenForumto6:45p.m.beendorsed.3.MaintaincurrentOpenForumrules(nomotionneedstobeadopted)Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -42 -42 - Slide43PublicParticipation(cont’d)OPTIONS(Delegations)1.DelegationscanappearatGeneralCommitteeorCouncilTHATdelegationswhoappearbeforeGeneralCommitteenotbepermittedtodelegateagainatthefollowingCouncilmeeting,butmaysubmitwrittenmaterialtoMembersofCouncilthroughtheClerk’sOffice.2.DelegationsbythePublic(TimeLimits)THATapolicywhichpermitsdelegations,onamajorityvote,nomorethanone(1)extensionofuptofive(5)minutesbeendorsed;andTHATtheProceduralBy-lawrulesgivingeffecttothispolicycannotbewaivedonatwo-thirdsvote.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -43 -43 - Slide44PublicParticipation(cont’d)OPTIONS(DelegationsCont’d)3.PresentationandDelegationMaterialTHATapolicyrequiringPresentationsandDelegationstosubmitanypresentationordelegationmaterialpriortoameeting,tobeincludedonanAdditionalItemsAgenda,beendorsed.4.Delegations/PresentationsbyStaff(TimeLimits)THATanincreaseinthetimelimitfordelegationsorpresentationsbyTownStaff,consultantsorcontractorsretainedbytheTown,orotherpersonsdelegatedauthoritybytheTown,toten(10)minutesbeendorsed.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -44 -44 - Slide45NoticesofMotionCURRENTRULES•NoticesofMotionmustbeprovidedtotheClerkby4:30p.m.ontheThursdaypriortoeitheraregularGeneralCommitteeorregularCouncilmeeting.•MotionsforWhichNoticeHasBeenGivenareincludedonthenextregularCouncilagendaforconsiderationanddisposition.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -45 -45 - Slide46NoticesofMotion(cont’d)SURVEYCOMMENTS•NoticesofMotionsshouldbeconsideredatthenextimmediatelyfollowingmeeting(e.g.,atthenextGCmeetingifpresentedatCouncil).•TheProceduralBy-lawshouldnotbewaivedtopermittheadditionofalateNoticeofMotion.•ThedelayinconsideringNoticesofMotioninthesummeristoolong(i.e.aNoticeofMotionplacedontheJulyagendacannotbeconsidereduntiltheAugustmeeting).•GenerallyworkingwellCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -46 -46 - Slide47NoticesofMotion(cont’d)RECOMMENDATIONS1.MaintainthecurrentrulesonNoticesofMotiontopermitMemberstimetoreviewthesubjectmatterbeforeconsideration.2.DonotpermittheProceduralBy-lawtobewaivedtoconsideraMotionwherenoticehasnotbeenprovidedunlessitistime-sensitive.3.Ifthecurrentsummermeetingscheduleismaintained,providealternaterulestopermitconsiderationoftime-sensitiveNoticesofMotionatthesamemeetingonamajorityvote.4.AdoptapolicyonthemaximumnumberofNoticesofMotionthatcanbeconsideredateachCouncilmeeting.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -47 -47 - Slide48SpecificMotionsCURRENTRULES1.WithdrawalofMotion:Motionscanonlybewithdrawnwithconsentofmover,seconderandmajorityvoteofMemberspresent.2.MotiontoRecess(suspendsthemeeting):isnotadebatablemotion;andmustspecifythelengthoftherecess.Themotionmayonlybeamendedastothelengthoftherecess.3.MotiontoAdjourn(endsthemeeting):isnotadebatablemotion;andisinorderexceptwhenaMemberisspeaking,avotehasbeencalled,oraMemberhasindicatedadesiretospeaktothematterpriortothemeeting.4.MotiontoCalltheQuestion(endsdebateonamotion,startsvoting):isnotdebatable;andthemover,ifthemotionislost,willnotbeallowedtospeaktothemotionagain.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -48 -48 - Slide49SpecificMotions(cont’d)CURRENTRULES(cont’d)5.MotiontoTable(stopsalldebateandvotingonthemotion):cannotbeamendedordebated;andappliestothemotionandanyamendmentsunderdebate.Ifthemotiontotablepasses,unlessCouncildecidesotherwise(Motiontotakefromthetable),themattercannotbediscusseduntiltheC.A.O.,orMemberthroughaNoticeofMotion,bringsitforwardtoasubsequentmeeting.6.MotiontoDefer(delaysconsiderationofamotiontoadifferentdateandtime):isdebatable;appliestothemotionandanyamendmentsunderdebate;andshallincludethetimeperiodandpurpose.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -49 -49 - Slide50SpecificMotions(cont’d)CURRENTRULES(cont’d)7.MotiontoRefer(sendsamotiontoaCommitteeorstaffforfurtherconsideration):isdebatable;appliestothemotionandanyamendmentsunderdebate;andshallincludethenameoftheCommitteeorofficialtowhomthematterisreferred,theterms,andthetimeperiod.8.MotiontoAmend(changesthemotion):isdebatable;mustberelevant(germane)tothemainmotion;andcannotproposethedirectoppositetothemainmotion.Onlyone(1)motiontoamendshallbeontheflooratanyonetime.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -50 -50 - Slide51SpecificMotions(cont’d)CURRENTRULES(cont’d)9.MotiontoPostponeIndefinitely(stopsallconsiderationofamotion):isdebatablebutcannotbeamended;similartoamotiontotableexceptthatitmaybereconsidered.10.ReconsiderationofMatter:AfterCouncil’sfinalvoteonamatter,itcannotbereconsideredwithinsix(6)monthsexceptonamotiontoreconsidercarriedonatwo-thirds(2/3)vote.WhereamotionislostduetoatievoteastheresultoftheabsenceofaMember,thatmotionmaybereconsideredatthenextmeetingbyamotiontoreconsidercarriedonamajorityvote.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -51 -51 - Slide52SpecificMotions(cont’d)SURVEYCOMMENTS•Someofthelanguageinmotions(e.g.,refervs.defer)canbeconfusing,whichmaybealleviatedwiththeuseofmoreplainlanguage.•Asimpleguideonthehierarchyofmotionswouldbebeneficial.•Thecurrentrulesareworkingwell.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -52 -52 - Slide53SpecificMotions(cont’d)STAFFOBSERVATIONS•“FriendlyAmendments”(minoramendmentsapprovedbythemoverandseconderthatarenotvotedon)havebeenusedatmeetingsdespitenotbeingprovidedforintheProceduralBy-law.•MotionshavebeenwithdrawnwiththeconsentofthemoverandseconderCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -53 -53 - Slide54SpecificMotions(cont’d)RECOMMENDATIONS1.THATtheinclusionintheProceduralBy-lawofruleson“FriendlyAmendments,”definedasminoramendmentsapprovedbythemoverandseconderthatarenotvotedon,beendorsed.2.THATanamendmenttotheProceduralBy-lawthatwouldpermitthewithdrawalofmotionwithonlytheconsentofthemoverandseconder,butonlyafterallMemberswhohaveindicatedthattheywishtospeaktothemotionhavespoken,beendorsed.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -54 -54 - Slide55VotingCURRENTRULES•MembersmustvoteonallmotionsunlesspreventedbyLaw(e.g.,MunicipalConflictofInterestAct).•Membersmustremainintheirseatsduringthetakingofavote.•Distinctproposalsmaybevotedonseparately(e.g.,individualclausesinamotioncanbevotedonseparatelyprovidedthattheyarenotdependentonanotherclauseinthemotion).•Afailuretovoteisdeemedtobea‘No”vote.•Tiedvotesaredeemedtobedecidedinthenegative.•VotesatCommitteemeetingsaredemonstratedbyashowofhandsonly.•VotesatCouncilmeetingsaredemonstratedbyashowofhandsorwhenrequested,byrecordedvote.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -55 -55 - Slide56Voting(cont’d)SURVEYCOMMENTS•Thecurrentrulesworkwell.•MembersshouldclearlyraisetheirhandshighduringavotetoassisttheChair.•Theuseofelectronicvotingshouldbeexplored.•Allvotesshouldbearecordedvote.•Oncethenecessarytechnologyisinplace,allvotesonmajorItemsshouldbebyrecordedvote(notincludingapprovalofagenda,adjournment,etc.).Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -56 -56 - Slide57Voting(cont’d)RECOMMENDATIONS1.THATstaffbedirectedtoreportbacktoCouncilonoptionstouseelectronicvotingatCouncilmeetingsfollowingacquisitionofanelectronicmeetingmanagementsystem,andupgradestotheaudiovisualequipmentintheCouncilChambers.2.THATtheinclusionofrulesintheProceduralBy-lawtopermitelectronicvotingbymembersbeendorsed.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -57 -57 - Slide58OtherSurveyComments•Minutesshouldhavemoredetailswithcommentscreditedtothosewhomadethem(e.g.,CouncillorXindicated…)•Meetingsarenotefficient,rulesneedtobemorecloselyfollowed(e.g.,ProceduralBy-lawrulesshouldnotbewaivedunlessabsolutelynecessary)•Generally,thecurrentrulesworkwell;notinfavourofsignificantchanges•PublicServiceAnnouncementsnotneededasmostinformationispostedontheTown’swebsite•ClarificationofwhatrequiresaNoticeofMotionvs.whatcanbeconsideredunderNewBusinessisneededCouncil Workshop Agenda Tuesday,November 24,2015 Item 1 Page -58 -58 - Slide59OtherStaffRecommendationsOTHERRECOMMENDATION#1–RulesofOrder•ThecurrentrulesrequirethatreferencebemadetoBourinot’sRulesofOrder(“Bourinot’s”)foranymatternotprovidedforintheProceduralBy-law.•Bourinot’srulesaregenerallyviewedasCanadianparliamentaryrulesoforder;however,theyprovideveryhigh-levelguidanceonly(e.g.,theHouseofCommonsandSenateoperateusingtheirmuchmoreextensiveStandingOrders).•Robert’sRulesofOrderprovidesverydetailedandspecificrulestoaddressalmostanyscenariothatmayariseinthecourseofameetingthatmaynotbeaccountedforintheProceduralBy-law.RECOMMENDATION:THATtheprovisionsofsection4.9oftheProceduralBy-lawbeamendedbyreplacingBourinot’sRulesofOrderwithRobert’sRulesofOrder.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -59 -59 - Slide60OtherStaffRecommendations(cont’d)OTHERRECOMMENDATION#2–ClosedSession•OnJanuary1,2016,subsection239(3)oftheMunicipalAct,2001(“Act”)willbeamendedtorequire(i.e.,itismandatory)amunicipalitytoholdaclosedsessionmeetingifthesubjectmatteris“anongoinginvestigationrespectingthemunicipality,alocalboardoramunicipally-controlledcorporationbytheOmbudsmanappointedundertheOmbudsmanAct,anOmbudsmanreferredtoinsubsection223.13(1)ofthisAct,ortheinvestigatorreferredtoinsubsection239.2(1).”RECOMMENDATION:THATsection2.20oftheProceduralBy-lawbeamendedtoincludearequirementthataMeetingshallbeclosedtothepublicwhenthesubjectmattertobeconsideredisanongoinginvestigationrespectingthemunicipality,alocalboardoramunicipally-controlledcorporationbytheOmbudsmanappointedundertheOmbudsmanAct,anOmbudsmanreferredtoinsubsection223.13(1)oftheMunicipalAct,2001,ortheinvestigatorreferredtoinsubsection239.2(1)oftheMunicipalAct,2001.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -60 -60 - Slide61OtherStaffRecommendations(cont’d)OTHERRECOMMENDATION#3–ClarificationandInterpretation•Surveyresponsesreceivedsuggestthatconsistency,clarification,anduseofplainlanguagewouldhelp.RECOMMENDATIONS:1.THATtheProceduralBy-lawbeamendedtoauthorizetheClerktocreateandamendanannotatedversionoftheProceduralBy-lawtoassistMembersincomplyingwiththerulesasenforcedandinterpretedfromtimetotime.2.THATtheProceduralBy-lawbeamendedtopermittheClerktoamendby-laws,minutesandotherCouncilandCommitteedocumentationfortechnical,typographical,orotheradministrativeerrorsandomissionsforthepurposeofensuringanaccurateandcompleterecordofproceedings.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -61 -61 - Slide62OtherStaffRecommendations(cont’d)OTHERRECOMMENDATION#4–MeetingEfficiency•Surveyresponsesprovidedthefollowingcommentsontheefficiencyofmeetings:–Rulesofprocedurearenotalwaysstrictlyfollowed,orarefrequentlywaived.–Meetingsshouldhaveafirmendtime.–CouncilPublicServiceAnnouncementsareduplicationsofinformationalreadyavailable.OPTIONS:1.Councilcould:a)Identifyproceduralrulesthatshouldnotbewaivedevenbyatwo-thirdsvote;orb)Directstafftoreportbackonoptionsforproceduralrulesthatshouldnotbewaivedevenbyatwo-thirds(2/3)votebasedonothermunicipalpractices.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -62 -62 - Slide63NextStepsRECOMMENDATION1.THATstaffbedirectedtoreportonthenecessarychangestotheProceduralBy-lawtogiveeffecttothepoliciesadoptedbyCouncilatitsworkshoponNovember24,2015,includinganynecessarytransitionplan.Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -63 -63 - OFFICE CONSOLIDATION COPY PROCEDURAL BY-LAW NUMBER 5330-11 As Amended by By-law No.5488-13 and By-law No.5556-13 INDEX SECTION 1 –DEFINITIONS ............................................................................................4 PART I –MEETINGS OF COUNCIL ...............................................................................6 SECTION 2 –CALLING OF MEETINGS .............................................................................6 2.1 APPLICATION .............................................................................................6 2.2 INAUGURAL MEETING .................................................................................6 2.3 REGULAR COUNCIL AND GENERAL COMMITTEE MEETINGS .........................7 2.4 TAPING,TELEVISING,RECORDING .............................................................7 2.5 JULY/AUGUST MEETINGS ...........................................................................7 2.6 PUBLIC PLANNING MEETINGS .....................................................................7 2.7 SPECIAL COUNCIL MEETINGS.....................................................................7 2.8-2.9 SPECIAL COUNCIL MEETING AGENDA .........................................................7 2.10 NOTICE TO MEMBERS ................................................................................8 2.11 NOTICE TO MEDIA AND PUBLIC ...................................................................8 2.12 CONTENT OF NOTICE .................................................................................9 2.13 CANCELLATION/POSTPONEMENT................................................................9 2.14 PUBLIC HOLIDAYS ......................................................................................9 2.15 FAILURE TO MEET NOTICE PROVISIONS .....................................................9 2.16 MEETINGS OPEN TO THE PUBLIC................................................................9 2.17-2.20 CLOSED MEETINGS ....................................................................................9 2.21 PRIOR PUBLIC RESOLUTION .....................................................................10 2.22 OPEN VOTES ...........................................................................................10 2.23 CLOSED SESSION VOTES .........................................................................10 2.24-2.25 RECORD OF CLOSED SESSION MEETING ..................................................11 SECTION 3 –ORDER OF BUSINESS..............................................................................11 3.1 OPEN FORUM ..........................................................................................11 3.2-3.4 ORDER OF BUSINESS ...............................................................................11 3.5-3.6 QUORUM .................................................................................................12 3.7 REVISED AGENDA ....................................................................................12 3.8 DELEGATIONS ..........................................................................................13 3.9 BEHAVIOUR .............................................................................................14 3.10 CURTAILMENT OF TIME ............................................................................14 3.11 EXPULSION ..............................................................................................14 3.12 CORRESPONDENCE .................................................................................14 3.13 NOTICE OF MOTION .................................................................................14 3.14 NEW BUSINESS/GENERAL INFORMATION ..................................................14 Attachment 1 Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -64 -64 - 3.15 PROCLAMATIONS/RESOLUTIONS ..............................................................15 3.16 ADJOURNMENT ........................................................................................15 3.17 CONTENT OF MINUTES OF COUNCIL AND GENERAL COMMITTEE ...............15 3.18-3.21 APPROVAL ...............................................................................................16 3.22 SIGNATURE..............................................................................................16 SECTION 4 –CONDUCT OF MEETINGS .........................................................................16 4.1-4.4 DUTIES OF THE CHAIR..............................................................................16 4.5 DEPUTY MAYOR .......................................................................................17 4.6 CONDUCT OF MEMBERS...........................................................................17 4.7 SUSPENSION OF PROCEDURAL REQUIREMENTS .......................................18 4.8 STATUTORY HEARINGS ............................................................................18 4.9-4.10 RULES OF ORDER ....................................................................................18 4.11-4.14 DISCLOSURES OF PECUNIARY INTEREST &GENERAL NATURE THEREOF ..18 SECTION 5 –RULES OF DEBATE .................................................................................19 SECTION 6 –MOTIONS ...............................................................................................20 6.1 MUST BE SECONDED ...............................................................................20 6.2 MOVER AND SECONDER MAY VOTE IN OPPOSITION..................................20 6.3 W ITHDRAWAL ..........................................................................................20 6.4 ULTRA VIRES ...........................................................................................20 SECTION 7 –SPECIFIC MOTIONS.................................................................................20 7.1 MOTION TO RECESS ................................................................................20 7.2-7.3 MOTION TO ADJOURN ..............................................................................20 7.4-7.6 MOTION TO CALL THE QUESTION..............................................................21 7.7-7.8 MOTION TO TABLE ...................................................................................21 7.9 MOTION TO DEFER...................................................................................21 7.10 MOTION TO REFER...................................................................................21 7.11-7.12 MOTION TO AMEND ..................................................................................21 7.13 MOTION TO POSTPONE INDEFINITELY .......................................................21 SECTION 8 –VOTING .................................................................................................22 8.1 ORDER OF VOTES ....................................................................................22 8.2 MEMBERS MUST VOTE .............................................................................22 8.3 ACTIONS DURING VOTES .........................................................................22 8.4-8.5 SPLIT VOTES ...........................................................................................22 8.6 FAILURE TO VOTE DEEMED NEGATIVE......................................................23 8.7 MAJORITY VOTE.......................................................................................23 8.8 TIE VOTE .................................................................................................23 8.9 METHOD OF VOTING ................................................................................23 8.10-8.11 RECORDED VOTE.....................................................................................23 8.12-8.13 CLERK TO ANNOUNCE RESULTS OF RECORDED VOTE ..............................23 8.14 RECONSIDERATION OF MATTER ...............................................................23 8.15-8.20 BY-LAWS .................................................................................................24 Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -65 -65 - PART II –GENERAL PROVISIONS .............................................................................24 SECTION 9 –GENERAL COMMITTEE ............................................................................24 SECTION 10 –AUDIT COMMITTEE ...............................................................................25 SECTION 11 –REVIEW OF PROCEDURAL BY-LAW .........................................................25 SECTION 12 –REVIEW OF COUNCIL CODE OF ETHICS ..................................................25 SECTION 13 –SEVERABILITY ......................................................................................25 SECTION 14 –CONFLICT ............................................................................................25 SECTION 15 –ENACTMENT.........................................................................................25 Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -66 -66 - THE CORPORATION OF THE TOWN OF AURORA By-law Number 5330-11 BEING A BY-LAW to govern the procedures of The Council of the Corporation of the Town of Aurora and its Committees and Boards. WHEREAS subsection 238(2)of the Municipal Act,2001,S.O.2001,c.25,as amended, provides that every municipality and local board shall pass a procedure by-law for governing the calling,place and proceedings of meetings; AND WHEREAS the Council of The Corporation of the Town of Aurora considers it necessary and desirable to enact a By-law in this regard and to repeal any prior procedural by-laws and any amendments thereto; NOW THEREFORE,THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: Section 1 –Definitions In this By-law,the following terms shall have the following meanings: 1.1 “Act”shall mean the Municipal Act,2001,S.O.2001,c.25,as amended or re- enacted from time to time; 1.2 “Audit Committee”shall mean the General Committee and shall have separate terms of reference for its Audit Committee functions. 1.3 “C.A.O.”shall mean the Chief Administrative Officer for the Town; 1.4 “Chair”shall mean the person presiding at a Meeting in accordance with the provisions in this By-law governing that Meeting; 1.5 “Clerk”shall mean the Town Clerk of The Corporation of the Town of Aurora,or his/her designate; 1.6 “Closed Session”shall mean a Meeting that is closed to the public; 1.7 “Committee”shall mean an Advisory Committee or similar body comprised of members of Council and/or members of the public,but does not include the General Committee; Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -67 -67 - 1.8 “Council”shall mean The Council of the Corporation of the Town of Aurora consisting of the Mayor and eight (8)Councillors; 1.9 “Delegation”shall mean an address to Council or a Committee at the request of a person wishing to speak; 1.10 “General Committee”shall mean all of the Members of Council sitting in committee and shall report to and make recommendations to Council; 1.11 “Inaugural Meeting”shall mean the first meeting of Council after a regular election as set out in section 230 of the Act; 1.12 “Local Board”shall mean a body established by Council pursuant to a specific statutory authority; 1.13 “Majority vote”shall mean an affirmative vote of more than one-half of the Members present and voting; 1.14 “Meeting”shall mean any Regular or Special or other Meeting of Council,General Committee,Local Board or a Committee thereof; 1.15 “Member(s)”shall mean a Member of Council and its Committees,including any Advisory,or Ad Hoc Committees,or Local Boards; 1.16 “Motion”shall mean 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; 1.17 “Motion to defer”shall mean a motion to delay consideration of a matter until later in the same Meeting or to a future Meeting of Council or a Committee; 1.18 “Motion to receive”shall mean a motion to acknowledge an item,report,or recommendation under consideration and to have it placed in the records of Council with no additional action being taken; 1.19 “Motion to refer”shall mean a motion to dispose of a question under consideration, with or without any proposed amendment,in order to seek consideration by,and,if deemed desirable,one or more reports from any Committee,body,or official; 1.20 “Motion to table”shall mean a motion to postpone without setting a definite date as to when the matter will be considered again; 1.21 “Notice of Motion”shall mean a written notice of a motion respecting a substantive matter not on the Agenda for a Meeting of Council or General Committee (By-law No.5556-13)which is received by the Clerk,for inclusion on the Agenda for a future Meeting of Council,unless notice thereof is waived pursuant to Section 4.7 of this By-law; Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -68 -68 - 1.22 “Open Forum”shall mean an opportunity,preceding each regular Council meeting, for members of the public to voice opinions on subjects of municipal concern; 1.23 "Point of Order''means the raising of a question by a Member of Council for the purpose of calling attention to a deviation or departure from the Rules of Procedure; 1.24 “Question of privilege or personal privilege”shall mean a question by a Member who believes that another Member has spoken disrespectfully towards that Member or another Member or who considers that his or her integrity or that of a Member or Town official has been impugned or questioned by a Member; 1.25 “Record”shall mean any written,audio,or video recording or any combination thereof for the purpose of compiling minutes of a public Meeting; 1.26 “Recorded vote”shall mean a written record of the name and vote of every Member voting on any matter or question conducted by the Clerk; 1.27 “Resolution”shall mean the decision of Council on any motion; 1.28 “Secretary”shall mean the person appointed to record the proceedings of any Meeting constituted pursuant to this By-law; 1.29 “Staff”shall mean employee(s)of the Town; 1.30 “Town”shall mean the Corporation of the Town of Aurora; 1.31 “Two-thirds majority vote”shall mean an affirmative vote of at least two-thirds of the Members present at the Meeting,as follows: If 9 Members are present,6 is a two-thirds majority If 8 Members are present,6 is a two-thirds majority If 7 Members are present,5 is a two-thirds majority If 6 Members are present,4 is a two-thirds majority If 5 Members are present,4 is a two-thirds majority PART I –MEETINGS OF COUNCIL Section 2 –Calling of Meetings Application 2.1 The rules of procedure set out in this By-law shall govern all proceedings of Council and its Committees,including any Advisory or Ad Hoc Committees,or Local Boards. Inaugural Meeting 2.2 The Inaugural Meeting of Council shall be held at 7:00 p.m.on the first Tuesday in December after a regular election. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -69 -69 - Regular Council and General Committee Meetings 2.3 The next and each succeeding Regular Council Meeting shall be held in the Council Chambers at the Town Hall,except as otherwise provided for in this By-law,and shall be held in accordance with the schedule of Meetings of Council and General Committee as prepared by the Clerk and approved by Council.All such Regular Council Meetings shall generally be held on the second and fourth Tuesday of each month and General Committee Meetings shall generally be held on the first and third Tuesday of each month.On the days in which a Regular Council Meeting is scheduled,Open Forum shall commence at 7:00 p.m.and the Regular Council Meeting shall commence immediately thereafter,or at such other time as is prescribed by resolution of Council where it is necessary to reschedule a Regular Council Meeting.Where a Regular Council Meeting day is a public or civic holiday, Council shall meet at the same hour on the Wednesday immediately following the holiday,as prescribed by resolution of Council. Taping,Televising,Recording 2.4 Meetings which are not closed to the public may be taped,televised or otherwise electronically or mechanically recorded so long as the taping,televising or recording is carried out in a manner that does not interfere with the conduct of the Meeting. July/August Meetings 2.5 Notwithstanding the provisions of this By-law,during the months of July and August there shall be one (1)Regular Meeting of Council in each month. Public Planning Meetings 2.6 In addition to its schedule of Regular Meetings,where development-related applications have been submitted under the Planning Act,R.S.O.1990,c.P.13,as amended.Council shall meet in the Council Chambers on the last Wednesday of each month commencing at 7:00 p.m.to conduct public hearings to consider such applications. Special Council Meetings 2.7 (a)The Head of Council may at any time call a Special Council Meeting;or (b)Upon receipt of a petition of the majority of the Members of Council,the Clerk shall call a Special Council Meeting for the purpose and the time mentioned in the petition. Special Council Meeting Agenda 2.8 The Clerk,when it is reasonably possible,shall cause an agenda to be prepared,in the following order,for the use of Members at Special Council Meetings: (a)Declaration of Pecuniary Interest and General Nature Thereof (b)Approval of the Agenda (c)Delegations Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -70 -70 - (d)Consideration of Business For Which Notice Was Given (e)By-laws (f)Adjournment 2.9 No Open Forum shall be held prior to a Special Council Meeting. Notice to Members 2.10 Notice to Members of all Meetings of Council or General Committee,agendas, agenda items,cancellations and rescheduling shall be provided by the Clerk to each Member’s residence or place of business,as directed by the Member,not less than forty-eight (48)hours prior to the time set for the Meeting.Notice may be sent by first-class mail,courier,facsimile,electronic mail or posted to the Town’s official website. Notice to Media and Public 2.11 The Clerk shall provide notice to the public and the media of all Meetings of Council or Committee,agendas,agenda items,cancellations and rescheduling by: (a)Publishing the annual schedule of Meetings once adopted by Council by posting on the Town’s official website and by distributing copies upon request; (b)Updating the annual schedule of Meetings posted on the Town’s official website within twenty-four (24)hours of any changes made to the schedule; and (c)Not less than twenty-four (24)hours in advance,posting Meeting notices, agendas and agenda items on the Town’s official website. (d)Council shall generally hold its Meetings at the Town Hall on the second and fourth Tuesday of each month at 7:00 p.m.unless Council meets in a Special Council Meeting called pursuant to the terms of this By-law or unless Council authorizes holding any Meeting at a different location or date or time and notice thereof has been provided in accordance with the provisions of this By-law. (e)In addition,notice of all Meetings of Council shall be provided to the public by posting to the Town’s official website,placing a copy of the agenda on the reception counter of the Customer &Legislative Services Department in the Town Hall,and by making a copy of the agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list with the Clerk,not less than twenty-four (24)hours prior to the said Meeting.Notwithstanding the foregoing,where such Meeting is a Special Council Meeting called pursuant to this By-law and it is not possible to provide the aforementioned notice,the Clerk shall make reasonable efforts to provide notice to those concerned. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -71 -71 - Content of Notice 2.12 Every notice of a Meeting of Council or Committee shall indicate the day,date,time and place of commencement of the Meeting,and the contact information for the Clerk’s office. Cancellation/Postponement 2.13 Any Meeting may be cancelled or rescheduled to a day,time and place set out in a written notice from the Clerk,sent to each Member as provided for in section 2.10 of this By-law and at least forty-eight (48)hours before the scheduled date of the meeting. Public Holidays 2.14 In the event that a Regular Meeting of Council or General Committee shall fall upon a public holiday,the meeting shall be held at the same hour on the Wednesday immediately following the holiday. Failure to Meet Notice Provisions 2.15 Notice which is substantively given but which is irregular or not otherwise in strict compliance with this By-law will not invalidate the holding of a Meeting or any proceeding taken at a Meeting. Meetings Open to the Public 2.16 All Meetings shall be open to the public except as provided for in section 2.17 of this By-law. Closed Meetings 2.17 A Meeting or part of a Meeting may be closed to the public if the subject matter being considered is: (a)The security of property of the Town or Local Board; (b)Personal matters about an identifiable individual,including a Town or Local Board employee; (c)A proposed or pending acquisition or disposition of land by the Town or Local Board; (d)Labour relations or employee negotiations; (e)Litigation or potential litigation including matters before administrative tribunals,affecting the Town or a Local Board; (f)The receiving of advice that is subject to solicitor-client privilege,including communications necessary for that purpose; (g)The education and training of Members,provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of Council;or (h)A matter in respect of which Council has authorized a Meeting to be in Closed Session under statutory authority. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -72 -72 - 2.18 The Chair of every Closed Session Meeting shall be the Mayor.In the absence or unavailability of the Mayor,the Chair shall be the Deputy Mayor.In the absence or unavailability of the Deputy Mayor the Chair shall be selected by those Members of Council being present. 2.19 The part of a Meeting that is closed to the public shall be held at General Committee whenever possible and any recommendations will be reported out and ratified at the next Council Meeting open to the public.The subject matter and recommendations will be reported out to the extent possible without divulging confidential information. 2.20 A Meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act,R.S.O.1990,c.M.56,as amended,if the Council,Board, Commission or other body is the head of an institution for the purposes of that Act. Prior Public Resolution 2.21 Before holding a Meeting or part of a Meeting that is to be closed to the public,a municipality or Local Board or Committee of either of them shall state by public resolution: (a)The fact of holding the Closed Session; (b)The general nature of the matter to be considered; (c)The specific provision of the Act under which the Meeting in Closed Session is permitted;and (d)W here the purpose is for education or training,that the Meeting is to be held in Closed Session pursuant to subsection 239(3.1)of the Act. Open Votes 2.22 A Meeting shall not be closed to the public during the taking of a vote. Closed Session Votes 2.23 Despite section 2.22 of this By-law,a Meeting may be closed to the public during a vote if: (a)Subsection 239(2)of the Act permits or requires a Meeting to be closed to the public;and (b)The vote is for a procedural matter or for giving directions or instructions to officials,employees or agents of the Town,or persons retained by or under contract with the Town. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -73 -73 - Record of Closed Session Meeting 2.24 The Clerk shall prepare a Record of each Closed Session held in Council or General Committee,indicating: (a)The matter(s)discussed; (b)The specific provision under the Act under which the Meeting in Closed Session is permitted; (c)The Members in attendance; (d)The disposition of the matter(s); (e)The starting and concluding times for the Closed Session;and (f)The minutes are to be adopted at the next Closed Session Meeting. 2.25 Section 3.22 of this By-law does not apply to the Record created under section 2.24 of this By-law. Section 3 –Order of Business Open Forum 3.1 (a)During the twenty (20)minutes preceding each Regular Council Meeting,the Members shall attend in the Council Chambers for the purpose of providing an informal opportunity for any person to voice opinions on subjects of municipal concern. (b)Each person shall be required to sign the Open Forum Register held by the Clerk or Council/Committee Secretary prior to being permitted to address Council,and each person shall be limited to addressing Council for a maximum of five (5)minutes. (c)No decisions will be made as a result of comments made during Open Forum.However,Council will consider the comments when deliberating the issue if the item arises on the regular agenda. (d)Any comments made during Open Forum shall not form part of the minutes of the Council Meeting. Order of Business 3.2 The Council shall deal with matters in the following order,unless otherwise decided by the majority of the Members present: (a)Declaration of Pecuniary Interest and General Nature Thereof (b)Approval of the Agenda (c)Adoption of the Minutes (d)Presentations (e)Public Service Announcements (f)Determination of Items Requiring Separate Discussion (g)Adoption of Items Not Requiring Separate Discussion (h)Delegations Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -74 -74 - (i)Consideration of Items Requiring Separate Discussion (j)Notices of Motion/Motions for Which Notice Has Been Given (k)Regional Report (l)New Business/General Information (m)Reading of By-laws (n)Closed Session (o)Adjournment 3.3 The Order of Business of General Committee shall in all cases be taken up in the following sequence,unless otherwise decided by the majority of the Members present: (a)Declaration of Pecuniary Interest and General Nature Thereof (b)Approval of the Agenda (c)Determination of Items Requiring Separate Discussion (d)Adoption of Items Not Requiring Separate Discussion (e)Delegations (f)Presentations by the Advisory Committee Chair (g)Consideration of Items Requiring Separate Discussion (h)Notices of Motion (By-law No.5556-13) (i)New Business/General Information (j)Closed Session (k)Adjournment 3.4 After the adoption of “Items Not Requiring Separate Discussion”,the Chair shall consult with the audience to determine who may be in attendance to hear specific items and the order of the items shall be prioritized by the Chair to address the identified issues first,for the benefit of those in attendance. Quorum 3.5 A majority of the Members shall constitute a quorum. 3.6 If there be no quorum present within thirty (30)minutes after the time fixed for holding the Meeting,the Clerk shall call the roll and take down the names of the Members present and the Meeting shall immediately stand adjourned until the next regular Meeting. Revised Agenda 3.7 After delivery of the Council or General Committee agenda,the Clerk may amend the agenda by way of a revised agenda by adding or deleting matters from the prepared agenda in consultation with the Mayor or the C.A.O.In this case,the Clerk shall endeavor to forward additional agenda material to the Members prior to the Meeting.The revised agenda may be presented at the Meeting,and is not subject to the Notice requirements set out in section 2.10 of this By-law. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -75 -75 - Delegations 3.8 (a)Delegations shall be encouraged to appear at the appropriate Committee first rather than Council.Anyone wishing to appear before General Committee or Council respecting an item on the agenda shall advise the Director of Customer &Legislative Services/Town Clerk by 4:30 p.m.on the Monday prior to the Meeting.The request to appear shall be in writing and shall state in detail the nature of the matter to be presented by the spokesperson. (b)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 their Delegation may be accommodated.A maximum of three (3) Delegations shall be allowed to address Council per Meeting. (c)No person other than the designated spokesperson may speak on the matter and not for more than five (5)minutes. (d)Anyone wishing to speak on an item that is not on the Council agenda shall be directed to appear at the Open Forum session that precedes Council Meetings.Alternatively,the Delegation may be placed on a Committee agenda to address an issue that is not on the Council agenda. (e)A Delegation not on the agenda shall not be heard without the consent of at least a two-thirds majority of the Members present. (f)All Delegations appearing before General Committee or Council shall be permitted to speak only once on an item.Once discussion in respect of a motion or resolution has commenced,no further presentation shall be made by the delegate or by any other person other than a Member of Council. (g)Members of Council shall ask questions of the delegate only for clarification and shall not engage the delegate in discussion. (h)Any person may speak on the matter at a Public Planning Meeting provided that the spokesperson is speaking on an item that is contained in the agenda.The delegate shall not speak for more than five (5)minutes,but may have an opportunity to speak more than once on the agenda item. (i)Delegations shall speak in order of the item as it is listed on the agenda. (j)Presentations of general interest shall be placed on the Council agenda and shall be limited to ten (10)minutes per presentation. (k)For matters which are more properly within the responsibility of Town Staff, the Clerk shall notify the proposed delegate that the Delegation shall not be listed on the agenda,and shall direct the proposed delegate to the appropriate Town Department.The delegate shall not be listed on an agenda for Delegation until Staff has had the opportunity to address the matter. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -76 -76 - Behaviour 3.9 No delegate shall: (a)Speak disrespectfully of any person; (b)Use offensive words or unparliamentary language; (c)Speak on any subject other than the subject for which he or she has received approval to address Council or Committee;or (d)Disobey the rules of procedure or a decision of the Chair or Council. Curtailment of Time 3.10 The Chair may curtail any Delegation,any questions of a delegate or debate during a Delegation for disorder or any other breach of this By-law,and,if the Chair rules that the Delegation is concluded,the person or persons appearing shall withdraw. Expulsion 3.11 The Chair may cause to be expelled and exclude any member of the public,who creates any disturbance or acts improperly during a Meeting of Council.If necessary,the Chair may call upon the Clerk to seek the appropriate assistance from security or police officers. Correspondence 3.12 (a)Correspondence addressed to the Mayor and Council shall be acknowledged by the Director of Customer &Legislative Services/Town Clerk and sent directly to the appropriate Committee or Director for response or action. (b)Copies of such correspondence shall also be distributed to Members of Council and the C.A.O. (c)Members of Council may direct that correspondence,letters or resolutions be placed on an agenda,but not as an added item to an agenda that has already been circulated. Notice of Motion 3.13 (a)A Member desiring to introduce a subject for discussion by Council shall provide a Notice of Motion in writing to the Clerk no later than 4:30 p.m.on the Thursday prior to a regular Council or General Committee (By-law No. 5556-13)Meeting. (b)The Motions for W hich Notice Has Been Given shall be included on the next Council agenda for consideration and disposition. New Business/General Information 3.14 This section shall contain items which a Member may introduce which were not circulated with the agenda and which,due to their nature cannot be properly presented at a subsequent Meeting of Council or appropriate Committee.Members may raise questions regarding matters that may be appropriate for Staff comment in the form of immediate response or subsequent follow-up.Any New Business/General Information consideration that results in a direction to Staff shall Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -77 -77 - require a Notice of Motion by a Member of Council as set out in section 3.13 of this By-law. Proclamations/Resolutions 3.15 (a)All requests for endorsement of resolutions from municipalities outside of the Region of York shall be acknowledged by the Director of Customer & Legislative Services/Town Clerk,with the advice that the Town of Aurora does not take action on resolutions received from other municipalities,but rather makes its position known through the appropriate municipal association,or alternatively,directly to the relevant Minister or government leader. (b)Any resolutions from municipalities within York Region are to be placed on a Council agenda for direction. (c)Resolutions initiated by the Town of Aurora shall not be circulated to other municipalities for endorsement outside of York Region,but shall instead be directed to the appropriate Minister of the government involved,and to the relevant municipal association. (d)Resolutions from charitable or non-profit organizations shall be acknowledged by the Mayor,and subject to the nature of the resolution,the Mayor may direct that the request be added to a Council or Committee agenda for consideration. (e)Copies of all resolutions will be circulated to all Members of Council,the C.A.O., and Directors via electronic mail. (f)Any resolution may be placed on a Council or Committee agenda at the request of a Council Member. (g)Requests for proclamations will be sent directly to the Mayor’s office for consideration and not placed on the public agenda. Adjournment 3.16 (a)No item of business shall be considered at a Meeting of Council or General Committee after 10:30 p.m.local time unless a majority of the Members present enact a resolution to extend the hour. (b)If Council or General Committee is still in session at 11:00 p.m.,it shall be adjourned unless a two-thirds majority of Council concurs in the extension of the Meeting. Content of Minutes of Council and General Committee 3.17 The minutes of each Council and General Committee Meeting shall record: (a)The place,date,and time of Meeting; (b)The name of the Chair and the attendance of the Members and senior Staff; and (c)Each item considered by Council and the decisions of the Meeting without note or comment. (d)Minutes of a Meeting shall be reviewed and/or amended and approved at the next regular Meeting of Council. (e)It shall be the duty of the Clerk to ensure that the minutes of each regular Meeting,Public Planning Meeting and Special Council Meeting are made Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -78 -78 - available to each Member within a reasonable amount of time after the holding of such Meeting. Approval 3.18 The minutes of each Council Meeting shall be presented to Council for adoption at the next regular Meeting. 3.19 The General Committee shall report directly to Council. 3.20 No discussion or recommendation of the General Committee shall constitute an act of Council unless such recommendation is adopted by Council. 3.21 The report from General Committee that is presented to Council shall not contain the mover or seconder on each item but rather shall only show recommendations endorsed by General Committee. Signature 3.22 After the Council minutes have been approved by Council,they shall be signed by the Mayor and Clerk. Section 4 –Conduct of Meetings Duties of the Chair 4.1 (a)The Chair of every Council Meeting shall be the Mayor.In the absence or unavailability of the Mayor,the Chair shall be the Deputy Mayor.In the absence or unavailability of the Mayor and Deputy Mayor,the Chair shall be selected by those Members of Council being present. (b)The Chair for the General Committee shall be rotated among the Members of Council,excluding the Mayor,every two (2)consecutive meetings except in July and August,in descending order of votes received by the Members in the last regular election. (c)In the absence of the person appointed as Chair,the Committee Members shall appoint one of their Members as Chair for the purpose of that Meeting. (d)The Chair shall expel or exclude from any Meeting any person whom the Chair feels has exhibited improper conduct at that Meeting. 4.2 As soon as there is a quorum after the time set for the Meeting,the Mayor,or Member of Council in General Committee rotation,shall take the Chair and call the Members to order. 4.3 The Mayor shall Chair the Meetings of Council so that its business can be carried out efficiently and effectively,and shall: (a)Maintain order and preserve the decorum of the Meeting; Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -79 -79 - (b)Rule on all procedural matters,without debate or comment; (c)Receive and submit to a vote all motions presented by the Members that do not contravene the rules of procedure; (d)Decline to put to a vote motions which do not comply with the rules of procedure,or which are not within the jurisdiction of Council; (e)Announce the results of the vote on any motions presented for a vote; (f)Expel or exclude from any Meeting any person whom the Chair feels has exhibited improper conduct at that Meeting; (g)Adjourn or suspend the Meeting if he or she considers it necessary because of grave disorder;and (h)Close the Meeting when business is concluded or recess the Meeting as may be required. 4.4 If a Member disagrees with the ruling of the Chair,he or she may appeal the ruling of the Chair immediately.The Chair,in response,shall call a vote on the question of sustaining the ruling of the Chair.The Chair may provide further explanation of the ruling prior to calling the vote. Deputy Mayor 4.5 The Council Member who received the highest number of votes in the last regular election shall be the Deputy Mayor,to act in the place and stead of the Mayor when the Mayor is absent from the municipality,or is absent through illness,or refuses to act,or the office is vacant.The Deputy Mayor shall have all of the duties,rights, powers and authority of the Mayor during such absence,refusal to act,or vacancy of office. Conduct of Members 4.6 No Member shall: (a)Use offensive words,inappropriate actions or unparliamentary language in or against Council or against any Member of Council or any Staff member or any member of the public; (b)Speak disrespectfully of any member of the Royal Family,the Governor General,the Lieutenant Governor of any Province,Council,any municipality, any Member or any official or employee of the Town; (c)Engage in private conversation while in the Council Meeting or use electronic devices including cellular phones,personal digital assistants,media players, and pagers in any manner that disrupts the Member speaking or interrupts the business of Council; (d)Leave his or her seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; (e)Speak on any subject other than the subject under debate; Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -80 -80 - (f)W here a matter has been discussed in Closed Session,and where the matter remains confidential,disclose a confidential matter or the substance of deliberations at a Closed Session,except to the extent that Council has previously released or disclosed the matter in public.All information, documentation or deliberations received,reviewed or provided in a closed session meeting is confidential.Members of Council shall not release, reproduce,copy or make public any information or material considered at a closed session meeting,or discuss the content of such a meeting with persons other than members of Council or relevant staff members,prior to it being reported in public by Council; (g)Criticize any decision of Council except for the purpose of moving that the question be reconsidered; (h)Contravene the rules of Council or a decision of the Chair or of Council on questions of order or practice or upon the interpretation of the rules of Council.In case a Member persists in any such contravention,after having been called to order by the Chair,the Chair shall not recognize that Member, except for the purpose of receiving an apology from the Member tendered at that Meeting or any subsequent Meeting. Suspension of Procedural Requirements 4.7 (a)The provisions of this By-law shall be observed in all proceedings of Council and its Committees,except that the rules and regulations contained herein may be suspended by a two-thirds majority vote of the Members present. (b)A motion to suspend the rules of procedure required by this By-law shall not be debatable or amendable. Statutory Hearings 4.8 Hearings required by statute shall be undertaken in accordance with the prescription and procedure outlined in the relevant statute or as otherwise directed by law. Rules of Order 4.9 In all circumstances in the proceedings of Council or its Committees not provided for in this By-law,resort shall be had to Bourinot’s Rules of Order as a rule for guidance on the question,and in such cases,the decision of the Chair shall be final and acquiesced to without debate subject to section 4.4 of this By-law. 4.10 In the event of conflict between the provisions of this By-law and relevant legislation, the provisions of the legislation shall prevail. Disclosures of Pecuniary Interest and General Nature Thereof 4.11 Where a Member,either on his or her own behalf or while acting for,by,with or through another,has any pecuniary interest,direct or indirect,in any matter and is present at a Meeting at which the matter is the subject of consideration,the Member shall,in accordance with the Municipal Conflict of Interest Act,R.S.O.1990,c. M.50,as amended: Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -81 -81 - (a)Prior to any consideration of the matter at the Meeting,disclose the Member’s interest and the general nature thereof;and (b)Not take part in the discussion of,or vote on any question in respect of the matter;and (c)Not attempt in any way whether before,during or after the Meeting to influence the voting on the matter. 4.12 Where a Meeting is not open to the public,in addition to complying with the requirements set out in section 4.11 of this By-law,the Member shall forthwith leave the Meeting or the part of the Meeting during which the matter is under consideration. 4.13 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. 4.14 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. Section 5 –Rules of Debate 5.1 To address Council,a Member shall request to speak and be recognized by the Chair. 5.2 Prior to speaking to any question or motion,each Member shall engage his or her microphone and address the Chair. 5.3 When two (2)or more Members indicate their desire to speak at the same time,the Chair shall designate the order of speakers. 5.4 When a Member is speaking,no other Member shall interrupt the Member speaking except to raise a point of order or question of privilege. 5.5 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. 5.6 No Member shall speak for longer than ten (10)minutes on a question without Council’s permission. 5.7 No Member shall speak more than twice to the same question without Council’s permission,except that a reply shall be permitted only from a Member who has presented the main motion. 5.8 When a Member wishes to raise a point of order or question of privilege,the Member shall ask leave of the Chair to raise the point.After leave is granted,the Member shall state the point to the Chair and then remain silent until the Chair has ruled upon the point. 5.9 Subject to being overruled by Council on a vote which shall be taken immediately and without debate,the Chair shall rule on the point. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -82 -82 - 5.10 Any Member may challenge the ruling of the Chair immediately following the ruling. 5.11 The Chair’s ruling is final unless it is challenged. 5.12 Council’s decision is final if the Chair is challenged. Section 6 –Motions Must be Seconded 6.1 A motion shall be moved and seconded before the Chair shall put the question and the motion is recorded in the minutes of the Meeting. Mover and Seconder May Vote in Opposition 6.2 A Member may move a motion in order to initiate discussion and debate and that Member may vote in opposition to the motion.A seconder of a motion may vote against the motion. Withdrawal 6.3 After a motion is moved and seconded at a Meeting and debate has taken place,it may not be withdrawn without the consent of the mover and seconder and a majority vote provided that all Members who have indicated a desire to speak to the motion have spoken. Ultra Vires 6.4 A motion in respect of a matter which is ultra vires of the jurisdiction of the Meeting shall not be in order. Section 7 –Specific Motions Motion to Recess 7.1 A motion to recess is not debatable,shall specify the length of the recess,and may only be amended with respect to the length of the recess. Motion to Adjourn 7.2 A motion to adjourn a Meeting 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; (c)Members are voting;or (d)A Member has indicated to the Chair his or her desire to speak on the matter before the Meeting. 7.3 A motion to adjourn shall take precedence over any other motion and shall be put immediately without debate. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -83 -83 - Motion to Call the Question 7.4 A motion to call the question is not debatable. 7.5 A Member who moved a motion to call the question shall not be allowed to speak to the question again if the motion is decided in the negative. 7.6 A motion to call the question shall be put immediately without debate. Motion to Table 7.7 A motion to table shall not be amended or debated and shall apply to the motion and any amendments under debate when the motion to table is made. 7.8 If the motion to table carries,in the absence of any direction from Council,the matter may not be discussed until the C.A.O.,or a Member through a Notice of Motion,brings it forward to a subsequent Meeting. Motion to Defer 7.9 A motion to defer or any amendment to it is debatable and shall include: (a)The time period within which consideration of the matter is to be deferred;and (b)Whatever explanation is necessary to demonstrate the purpose of the motion to defer. Motion to Refer 7.10 A motion to refer or any amendment to it is debatable and shall include: (a)The name of the Committee or official to whom the motion or amendment is to be referred;and (b)The terms upon which it is to be referred and the time or period,if any,on or within which the matter is to be returned. Motion to Amend 7.11 A motion to amend: (a)Shall be open to debate and shall be relevant to the main motion;and (b)Shall not propose a direct negative to the main motion. (c)Only one motion to amend a motion shall be on the floor at any one time. 7.12 After the motion to amend has been voted on,the main motion (as amended)shall, if no other amendment is proposed,be put to a vote. Motion to Postpone Indefinitely 7.13 A motion to postpone indefinitely (to table)shall be debatable,shall not be amended,and may be reconsidered. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -84 -84 - Section 8 –Voting Order of Votes 8.1 Motions relating to an item under consideration shall be voted on in the following order: (a)Motion to waive or suspend the rules of procedure; (b)Motion to recess; (c)Motion to adjourn; (d)Motion to call the question; (e)Motion to receive an item; (f)Motion to table an item; (g)Motion to defer; (h)Motion to refer; (i)Motion to amend; (j)Main motion. Members Must Vote 8.2 Every Member present at a Meeting where a question is put shall vote on the question,unless prohibited by statute,in which case the Clerk shall so record.The Chair may not move or second any motion.The Chair shall vote on a motion but shall not have a second or casting vote in the event of an equality of votes on any motion. Actions During Votes 8.3 When the Chair calls for the vote on a question: (a)Each Member shall occupy his or her seat and shall remain in place until the result of the vote has been declared by the Chair;and (b)During this time no Member shall walk across the room or make any other motion or speak to the question or any other Member or make any noise or disturbance. Split Votes 8.4 Upon the request of any Member,and when the Chair is satisfied that a matter under consideration contains distinct proposals,the vote upon each proposal shall be taken separately. 8.5 A vote on the main motion,as amended,may be split for the purpose of complying with the Municipal Conflict of Interest Act. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -85 -85 - Failure to Vote Deemed Negative 8.6 If any Member present does not vote at a Meeting of the Council where a question is put and a recorded vote taken,he or she shall be deemed to vote in the negative except where the Member is prohibited from voting by statute. Majority Vote 8.7 All decisions of the meeting shall require a majority vote except as otherwise set out in this By-law or legislation. Tie Vote 8.8 Any motion that receives a tie vote shall be deemed to have been decided in the negative. Method of Voting 8.9 A Member shall vote by raising a hand or otherwise indicating the Member’s vote, except where a recorded vote is requested.The Chair shall announce the result of all votes taken. Recorded Vote 8.10 A request by a Member for a recorded vote shall be made prior to the commencement of the vote being taken or immediately thereafter. 8.11 Where a vote is to be taken for any purpose,a Member may request that the vote be recorded immediately before or after the taking of the vote,but prior to any consideration of another matter of Council,and each Member present,except a Member who is disqualified from voting by statute,shall announce their vote openly, and any failure to vote by a Member who is not disqualified,shall be deemed to be a negative vote.Members shall vote in random order as determined by the Clerk.The Clerk shall record each vote. Clerk to Announce Results of Recorded Vote 8.12 The Clerk shall announce the results of the recorded vote. 8.13 No vote taken at a Committee Meeting shall be a recorded vote and any vote previously taken during that Meeting may be reconsidered. Reconsideration of Matter 8.14 After Council determines the final outcome of a matter,such matter shall not be reconsidered within six (6)months unless there is a motion,which has been seconded,to reconsider the matter and it carries by a two-thirds majority vote of the Members present.However,notwithstanding the foregoing,any matter that was determined in the negative as a result of a tie vote due to an absent Member of Council may be reconsidered at the next Council meeting via a motion,which has been seconded,to reconsider the matter and it is carried by a simple majority vote of the Members present.(By-law No.5488-13) Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -86 -86 - By-laws 8.15 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. 8.16 The Clerk shall present the following by-laws directly to Council: (a)The appointment of staff for by-law inspection,municipal law enforcement and Provincial Offences administration; (b)Consolidation of by-laws or housekeeping amendments; (c)General by-laws where the purpose and intent of the by-law have been clearly authorized by a previous Council; (d)A by-law to levy Interim Property Taxes; (e)Part-lot control by-laws;and (f)A by-law to confirm the proceedings of Council. 8.17 The proceedings at every Meeting of Council shall be confirmed by by-law so that every decision of Council at that Meeting of Council and every resolution thereof 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. 8.18 All amendments to any by-law approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted by Council,the amendments shall be inserted by the Clerk. 8.19 The Clerk may make such minor clerical,typographical or grammatical deletions, additions or other changes in form to any by-law,motion,resolution and/or minutes as may be required for the purpose of ensuring correct and complete implementation of the actions of Council. 8.20 Every by-law enacted by Council shall be signed by the Mayor,or by the Deputy Mayor in the Mayor’s absence,and by the Clerk.The corporate seal shall be affixed to the by-law and the by-law shall be numbered,dated and deposited in the Clerk’s office. PART II –GENERAL PROVISIONS Section 9 –General Committee 9.1 Council hereby establishes a General Committee which shall be comprised of all Members of Council. 9.2 The General Committee may consider delegations,correspondence,staff reports and matters for discussion in relation to matters ordinarily within the competence of the Town’s Departments which may require more elaboration and discussion than Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -87 -87 - would be appropriate in a formal Council Meeting and such other matters as Council may by resolution determine. 9.3 General Committee shall consider reports from Advisory and Ad Hoc Committees as may be established by Council. 9.4 Upon consideration of such matters as are provided for herein,the General Committee shall report to and make recommendations to Council. Section 10 –Audit Committee 10.1 Council hereby establishes an Audit Committee which will be comprised of all Members of Council,or Council as a whole,for the purpose of reviewing audited financial statements,recommending their receipt to Council,reviewing significant management letter comments and related recommendations and to recommend to Council the appointment of auditors.The Committee’s mandate shall include operational reviews.Meetings shall be held at the call of the Chair.Agendas shall be distributed to Members of Council at least forty-eight (48)hours prior to the Meeting. Section 11 –Review of Procedural By-law 11.1 Council shall review this By-law within the first six (6)months of the second year of each term of Council. Section 12 –Review of Council Code of Ethics 12.1 Council shall review the Council Code of Ethics within the first six (6)months of the first year of each term of Council. Section 13 –Severability 13.1 Each and every one of the provisions of this By-law is severable and if any provisions of this By-law should,for any reason,be declared invalid by any Court,it is the intention and desire of Council that each and every one of the then remaining provisions hereof shall remain in full force and effect. Section 14 –Conflict 14.1 If there is any conflict between this By-law and any statute,the provisions of the statute shall prevail. Section 15 –Enactment 15.1 THAT By-law Numbers 4835-06.C,4912-07.C,4972-07.C,5057-08.C,5300-11, and 5335-11 be and are hereby repealed. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -88 -88 - 15.2 THAT this By-law shall come into full force and effect on the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 22ND DAY OF NOVEMBER,2011. READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF NOVEMBER,2011. Council Workshop Agenda Tuesday,November 24,2015 Item 1 Page -89 -89 - Council Workshop Agenda Tuesday,November 24,2015 Confirming By-law Page -1 -90 - COUNCIL MEETING AGENDA TUESDAY,NOVEMBER 24,2015 7 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE November 20,2015 TOWN OF AURORA COUNCIL MEETING AGENDA Tuesday,November 24,2015 7 p.m. Council Chambers 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF 2.APPROVAL OF THE AGENDA RECOMMENDED: THAT the agenda as circulated by Legal and Legislative Services be approved. 3.ADOPTION OF THE MINUTES Council Meeting Minutes of November 10,2015 pg.1 Special Council Minutes of November 17,2015 pg.23 RECOMMENDED: THAT the Council meeting minutes of November 10,2015,and the Special Council minutes of November 17,2015 be adopted as printed and circulated. 4.PRESENTATIONS (a)Nicole Young,Coordinator,Special Events,pg.27 Re:Platinum Sponsorship Recognition (b)Adrian Kawun,Manager of Service Planning,pg.28 York Region Transit Re:York Region Transit/VIVA Five-Year Strategic Plan and 2016 Annual Service Plan Council Meeting Agenda Tuesday,November 24,2015 Page 2 of 6 (c)Todd Brown and Claire Tucker-Reid pg.29 Monteith Brown Consultants Re:Sport Plan and Parks and Recreation Master Plan 5.PUBLIC SERVICE ANNOUNCEMENTS 6.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION 7.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION 8.DELEGATIONS (a)Janet Matthews,Resident pg.30 Re:Item 1 –IES-069 –Aurora Family Leisure Complex Additional Modification Requests 9.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 10.NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (ii)Motions for Which Notice Has Been Given (a)Councillor Gaertner pg.55 Re:Highland Gate Developments Inc.Reports (b)Councillor Abel pg.57 Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph (c)Councillor Abel pg.58 Re:Regional GO Transit Shuttle (d)Councillor Abel pg.60 Re:Temperance Street Cultural Precinct 11.REGIONAL REPORT 12.NEW BUSINESS/GENERAL INFORMATION Council Meeting Agenda Tuesday,November 24,2015 Page 3 of 6 13.READING OF BY-LAWS RECOMMENDED: THAT the following by-laws be given first,second,and third readings and enacted: 5770-15 BEING A BY-LAW to establish a schedule of fees and charges for municipal services,activities and the use of property within the Town of Aurora (Fees and Charges By-law). pg.61 5780-15 BEING A BY-LAW to declare as surplus and sell municipal lands (40 Eric T.Smith Way/180 Goulding Avenue). pg.79 5787-15 BEING A BY-LAW to amend By-law Number 5707-15,to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora. pg.81 RECOMMENDED: THAT the following confirming by-law be given first,second,and third readings and enacted: 5789-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 24,2015. pg.82 14.CLOSED SESSION RECOMMENDED: THAT Council resolve into Closed Session to consider the following matters: 1.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239 (2)(c)of the Municipal Act,2001);Re:Report No. PR15-042 –Ivy Jay Farm Grassland Land Acquisition 15.ADJOURNMENT Council Meeting Agenda Tuesday,November 24,2015 Page 4 of 6 AGENDA ITEMS 1.IES15-069 –Aurora Family Leisure Complex Additional pg.31 Modification Requests (Referred from November 17,2015 General Committee meeting –Item 4) RECOMMENDED: THAT Report No.IES15-069 be received;and THAT staff proceed with the modifications to the north pool access door for entrance by those with qualified disabilities at a budget requirement of $15,000 with funding provided from the Facilities Repair and Replacement Reserve;and THAT staff proceed with the purchase of new lockers in the amount of $166,000 with funding provided from the Facilities Repair and Replacement Reserve;and THAT staff monitor the operation and performance of the Aurora Family Leisure Complex areas being considered for additional modification as outlined in Report No.IES15-069 for a 12-month period;and THAT staff consider any additional projects outlined in Report No.IES15-069 in the 2017 Capital Budget. 2.General Committee Meeting Report of November 17,2015 pg.37 RECOMMENDED: THAT the General Committee meeting report of November 17,2015,be received and the recommendations carried by the Committee be approved. 3.LLS15-068 –General Committee Closed Session Report of pg.49 November 17,2015 RECOMMENDED: THAT Report No.LLS15-068 be received;and THAT the following recommendation from the General Committee Closed Session meeting of November 17,2015,be adopted: Council Meeting Agenda Tuesday,November 24,2015 Page 5 of 6 1.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001);Re: LLS15-067 –Appointments to the Heritage Advisory Committee THAT the appointment of two (2)Citizen Members to the Heritage Advisory Committee as recommended by General Committee in Closed Session on November 17,2015 be approved;and THAT these appointments be effective as of December 1,2015;and THAT staff be directed to report out the names of citizen members appointed to the Heritage Advisory Committee upon adoption of this resolution. THAT,in respect to the recruitment of a Chief Administrative Officer for the Town, the Interim Chief Administrative Officer be directed and authorized to proceed as discussed in the Closed Session General Committee meeting of November 17, 2015. 4.Memorandum from Interim Chief Administrative Officer pg.51 Re:Chief Administrative Officer Candidate Interviews –Delegation of Authority to General Committee RECOMMENDED: THAT the memorandum “Chief Administrative Officer Candidate Interview – Delegation to General Committee”be received;and THAT General Committee be directed and authorized to conduct interviews of candidates for the Chief Administrative Officer (“CAO”)position,and to make a recommendation to Council on the appointment of a Chief Administrative Officer for the Town;and THAT notwithstanding anything in the Procedural By-law to the contrary,the Mayor be authorized to call Special General Committee meetings,as required, to conduct interviews of candidates for the CAO position,with the following Order of Business: (a)Declarations of Pecuniary Interest and General Nature Thereof (b)Approval of the Agenda (c)Consideration of Business For Which Notice Was Given (d)Adjournment Council Meeting Agenda Tuesday,November 24,2015 Page 6 of 6 5.Memorandum from Acting Director of Legal &Legislative Services/pg.53 Associate Solicitor Re:Highland Gate Developments Inc.–Appeal to the Ontario Municipal Board RECOMMENDED: THAT the memorandum regarding Highland Gate Developments Inc.–Appeal to the Ontario Municipal Board be received for information. TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday,November 10,2015 ATTENDANCE COUNCIL MEMBERS Deputy Mayor Abel in the Chair;Councillors Gaertner (departed 9:42 p.m.),Humfryes (departed 9:48 p.m.),Kim (arrived 7:40 p.m.),Mrakas,Pirri,Thom,and Thompson MEMBERS ABSENT Mayor Dawe OTHER ATTENDEES Interim Chief Administrative Officer,Director of Building and By- law Services,Director of Corporate and Financial Services/Treasurer,Director of Infrastructure and Environmental Services,Acting Director of Legal and Legislative Services/Associate Solicitor,Director of Parks and Recreation Services,Director of Planning and Development Services,Town Clerk,and Council/Committee Secretary Mayor Dawe called the meeting to order at 7:05 p.m.following Open Forum. Council consented to recess at 9:42 p.m.to resolve into a Closed Session meeting and reconvened into open session at 10:04 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF As required under subsection 5(3)of the Municipal Conflict of Interest Act,Councillor Humfryes declared a pecuniary interest regarding Item 6 and Closed Session Item 1 of the Council meeting held on October 27,2015,from which she was absent,respecting the potential acquisition of land for a new Central York Fire Services facility,as a family member is employed by Central York Fire Services. Councillor Humfryes declared a pecuniary interest regarding Item 1(11)CFS15-047 – Central York Fire Services Budget for Aurora Comment,and Closed Session Item 2 Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -1 -1 - Council Meeting Minutes Tuesday,November 10,2015 Page 2 of 22 respecting the potential acquisition of land for a new Central York Fire Services facility, as a family member is employed by Central York Fire Services. 2.APPROVAL OF THE AGENDA Moved by Councillor Thompson Seconded by Councillor Gaertner THAT the agenda as circulated by Legal and Legislative Services,with the following additions,be approved: Withdrawn:Delegation (a)John Elliott;Re:Item 1(5)PR15-033 –McMahon Park Neighbourhood Garden Public Survey Results Delegation (b)Klaus Wehrenberg Resident;Re:Item 1(6)PR15-034 –Pedestrian Underpasses –Leslie Street and St.John’s Sideroad Closed Session Item 2 –A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001);Re: Memorandum from Director of Parks and Recreation Services;Re:Potential Acquisition of Land for a New Central York Fire Services Facility CARRIED 3.ADOPTION OF THE MINUTES Council Meeting Minutes of October 27,2015 Special Council –Public Planning Meeting Minutes of October 28,2015 Moved by Councillor Thom Seconded by Councillor Pirri THAT the Council meeting minutes of October 27,2015,and the Special Council – Public Planning meeting minutes of October 28,2015,be adopted as printed and circulated. CARRIED 4.PRESENTATIONS (a)Michael Stott,President,and Sarah Millar,Senior Planner,FOTENN Re:Cultural Precinct Plan –“Vision”and “What We Heard” Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -2 -2 - Council Meeting Minutes Tuesday,November 10,2015 Page 3 of 22 Mr.Stott and Ms.Millar presented an overview of the Town’s Cultural Precinct Plan,including the vision statement,guiding principles,opportunities and constraints,feedback from stakeholders,best practice examples,and next steps. Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the presentation by Michael Stott and Sara Millar be received for information. CARRIED (b)Alison Collins-Mrakas,Chair,Sesquicentennial Ad Hoc Committee Re:Remembrance Day Video On a motion of Councillor Thompson seconded by Councillor Pirri,Council consented on a two-thirds vote to waive the requirements of subsection 3.8(c)of the Procedural By-law to permit the presentation of Alison Collins-Mrakas additional time as required. Ms.Collins-Mrakas introduced the final legacy project of the Town’s Sesquicentennial Ad Hoc Committee—a commemorative Remembrance Day video entitled Remembrance Day:Past Present and Future,in honour of the brave individuals who have sacrificed to protect our country.She acknowledged and thanked the members of the Committee for their hard work,and expressed appreciation to the previous Council of the 2010-2014 Term for its support and vision for the Town’s celebration of an important milestone during 2013.Ms. Collins-Mrakas further expressed appreciation to all those who were involved in the production of the video,including Town staff,members of the Royal Canadian Legion,Col.Fred Tilston,V.C.Branch 385,Ken White,Ferguson Mobbs,and Joe Costa of 2 Thumbs Up Productions.The video was then viewed. Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the presentation by Alison Collins-Mrakas be received for information. CARRIED 5.PUBLIC SERVICE ANNOUNCEMENTS Councillor Thom expressed appreciation to the Aurora Royal Canadian Legion for an excellent supper held on Saturday,November 7,2015. Councillor Thom announced that the next home game of the Aurora Tigers Jr.A team will be held on Saturday,November 14,2015,at the Aurora Community Centre. Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -3 -3 - Council Meeting Minutes Tuesday,November 10,2015 Page 4 of 22 Councillor Gaertner extended a reminder that a Remembrance Day ceremony will be held at the Aurora Cenotaph on November 11,2015,at 11 a.m.and a follow-up event is being held at the Aurora Royal Canadian Legion. Councillor Mrakas announced that the Queen’s York Rangers will be holding its second Vimy Spaghetti Fundraiser Dinner on Sunday,November 15,2015.He noted that tickets are still available and may be purchased at the Legion until Wednesday, and that funds are being raised to support sending cadets to Vimy Ridge in 2017. Councillor Mrakas extended congratulations to Aurora Youth Soccer Club’s Executive Director Jimmy Brennan who was recently inducted into the The Soccer Hall of Fame and Museum at the Induction Ceremonies held on Sunday,November 8,2015. Councillor Mrakas advised that he had the honour of speaking to the Standing Committee on Social Policy at Queen’s Park regarding Bill 73,Smart Growth for Our Communities Act,2015 on November 9,2015,and that he spoke on behalf of the need for some authority to be restored for municipalities to have a say in planning decisions. Deputy Mayor Abel extended a reminder that the Town of Aurora school safety lawn signs are available for pick-up from Access Aurora at Town Hall. Deputy Mayor Abel announced that the Winter 2016 Parks &Recreation Guide will be distributed in The Banner this week and copies are available for pick-up at Town Hall. Deputy Mayor Abel announced that the Aurora Cultural Centre’s Great Artist Music Series featuring violinist Jonathon Crow and pianist Phillip Chiu will be held on Friday, November 13,2015,at 8 p.m.He further noted that The Paul Neufeld Quartet -Jazz Concert will be playing on Friday,November 20,2015,at 8 p.m. Deputy Mayor Abel extended a reminder that the Town continues to seek community feedback on Youth play-based activities,and an on-line survey targeted to youth between the ages of 13 to 19 is available on the Town’s website. Deputy Mayor Abel announced that the Aurora Card Collectors Club (A3C)will hold its inaugural meeting on Wednesday,November 18,2015,at the Old Library at 56 Victoria Street. Deputy Mayor Abel announced that RBC Sports Day,a national celebration of the power of sport to build community and get Canadians moving,is being held on Saturday,November 21,2015,in communities across Canada.He noted that the Town will be offering various free events for Aurora youth and residents at the Stronach Aurora Recreation Complex and the Aurora Family Leisure Complex,and more information may be found in the News section at www.aurora.ca. Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -4 -4 - Council Meeting Minutes Tuesday,November 10,2015 Page 5 of 22 Deputy Mayor Abel announced that the Aurora Artists Studio Tour will be held on Saturday,November 14 and Sunday,November 15,2015,from 10 a.m.to 4 p.m.,and information regarding the studio locations is available at www.aurorastudiotour.com. Deputy Mayor Abel noted that the Aurora Winter Blues Festival presentation of The Last Waltz Live!will be held at Theatre Aurora on Saturday,November 14,2015. Deputy Mayor Abel extended congratulations to Neighbourhood Network for their Food Pantry Drive,which received more than 100 bags of groceries and $1,500,which was presented to the Aurora Food Pantry. 6.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1 (sub-items 1,4,6,and 7)and 2 were identified as items for discussion. 7.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of sub-item 1,4,6,and 7),3,4,and 5 were identified as items not requiring separate discussion. Moved by Councillor Thompson Seconded by Councillor Kim THAT the following recommendations with respect to the matters listed as “Items Not Requiring Separate Discussion”be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1.General Committee Meeting Report of November 3,2015 THAT the General Committee meeting report of November 3,2015,be received and the recommendations carried by the Committee be approved: (2)IES15-064 –Extension of Janitorial Services Contract Item withdrawn on approval of agenda. (3)IES15-065 –Northern Six Waste Collection Contract Update THAT Report No.IES15-065 be received for information. (5)PR15-033 –McMahon Park Neighbourhood Garden Public Survey Results THAT Report No.PR15-033 be received;and Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -5 -5 - Council Meeting Minutes Tuesday,November 10,2015 Page 6 of 22 THAT a Neighbourhood Garden in McMahon Park not be implemented;and THAT staff be directed to pursue an alternative location for a neighbourhood garden and report back to Council. (8)PL15-082 –Applications for Exemption from Part Lot Control: Mattamy (Aurora)Limited,Blocks 251,252 and 253, Plan 65M-4461,File No.:PLC-2015-08 Paradise Homes Inc.,Blocks 155,159 and 162, Plan 65M-4424,File No.:PLC-2015-09 THAT Report No.PL15-082 be received;and THAT the following Applications for Exemption from Part Lot Control be approved: Mattamy (Aurora)Limited to divide Blocks 251,252 and 253 on Plan 65M-4461 into fourteen (14)separate lots for townhouse units;and Paradise Homes Inc.to divide Blocks 155,159 and 162 on Plan 65M- 4424 into fourteen (14)separate lots for townhouse units;and THAT the Part Lot Control Exemption By-laws be enacted at the next available Council meeting. (9)Memorandum from Manager of Special Projects Re:Preparation of an Events Package THAT the memorandum regarding Preparation of an Events Package be received for information. (10)Community Recognition Review Ad Hoc Committee Meeting Minutes of October 27,2015 THAT the Community Recognition Review Ad Hoc Committee meeting minutes of October 27,2015,be received;and THAT the Community Recognition Review Ad Hoc Committee recommend to Council: 1.Memorandum from Acting Manager of Corporate Communications Re:2016 Proposed Community Recognition Awards Plan Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -6 -6 - Council Meeting Minutes Tuesday,November 10,2015 Page 7 of 22 THAT the 2016 Proposed Community Recognition Awards Plan,as amended by the Community Recognition Review Ad Hoc Committee, be brought forward to the General Committee meeting of November 3, 2015,for Council’s approval. New Business Motion No.1 THAT a policy be established by Council to eliminate the use of individual names for Town-sanctioned awards. New Business Motion No.2 THAT the mandate of the Community Recognition Review Ad Hoc Committee be extended to permit the Committee to continue working on branding of the event and to ensure a smooth transition into the Awards ceremony. (11)CFS15-047 –Central York Fire Services Budget for Aurora Comment THAT Report No.CFS15-047 be received;and THAT Council provide its comments by way of resolution(s)to be conveyed to Newmarket Council for consideration during their final budget reviews and approvals in respect of the 2016 Budget for Central York Fire Services. 3.BBS15-012 –Overnight Parking Program “Toys for Tickets” THAT Report No.BBS15-012 be received;and THAT Bylaw Services staff proceed with the “Toys for Tickets”program to commence November 15,2015,and end December 1,2015. 4.Memorandum from Director of Corporate &Financial Services/Treasurer Re:Revised Start Time for Budget Review Meeting Scheduled on November 16,2015 THAT the memorandum regarding Revised Start Time for Budget Review Meeting Scheduled on November 16,2015 be received;and THAT the start time of the Special General Committee –2016 Budget Review meeting scheduled on Monday,November 16,2015,be revised from 5:30 p.m.to 7 p.m. Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -7 -7 - Council Meeting Minutes Tuesday,November 10,2015 Page 8 of 22 5.Memorandum from Mayor Dawe Re:Lake Simcoe Region Conservation Authority,Highlights –October 23, 2015 –Meeting of the Board THAT the memorandum regarding Lake Simcoe Region Conservation Authority Highlights –October 23,2015 –Meeting of the Board be received for information. CARRIED 8.DELEGATIONS (a)John Elliott,Resident Re:Item 1(5)–Report PR15-033 –McMahon Park Neighbourhood Garden Public Survey Results Delegation withdrawn on approval of agenda. (b)Klaus Wehrenberg,Resident Re:Item 1(6)–Report PR15-034 –Pedestrian Underpasses –Leslie Street and St.John’s Sideroad (Added Item) Mr.Wehrenberg noted that he had received new information regarding the Development Charges By-law and underpasses.He discussed the eight underpasses and related construction costs,development charge amounts,and estimates provided by the Region. Moved by Councillor Mrakas Seconded by Councillor Gaertner THAT the comments of Klaus Wehrenberg be received and referred to Item 6. CARRIED 9.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1.General Committee Meeting Report of November 3,2015 (1)IES15-063 –Acceptance of Municipal Services –Bayview Meadows,Phase 2 &3 (St.John’s Road Development Corp.),Registered Plan 65M-4075,65M-4079,65M-4082 Moved by Councillor Gaertner Seconded by Councillor Pirri THAT Report No.IES15-063 be received;and Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -8 -8 - Council Meeting Minutes Tuesday,November 10,2015 Page 9 of 22 THAT ownership,operation and maintenance of the works within the roads, rights-of-way,and other lands dedicated to the Town contained within Plan 65M- 4075,65M-4079,65M-4082,being Bayview Meadows Subdivision,Phase 2 &3, by St.John’s Road Development Corp,be assumed as detailed in Report No. IES15-063;and THAT the necessary by-law be brought forward for enactment to assume for public use the highways within Plan 65M-4075,65M-4079,65M-4082 and to establish as public highway any applicable reserves. CARRIED 1.General Committee Meeting Report of November 3,2015 (4)LLS15-059 –2016 Council and Committee Meeting Calendar Main motion Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT Report No.LLS15-059 be received;and THAT the requirements of sections 2.3 and 2.6 of the Procedural By-law be waived to permit the adoption of the 2016 Council and Committee meeting schedule attached to this report as Attachment #1;and THAT the Special Council –Public Planning meeting to consider the Highland Gate Developments Inc.applications be scheduled prior to the end of January 2016;and THAT the Meeting Calendar be amended by the addition of two Council meetings on the dates of July 26 and August 23,2016;and THAT the 2016 Council and Committee Meeting Calendar,attached to this report as Attachment #1,as amended,be approved;and THAT the Town Clerk be authorized to make amendments to the 2016 Council and Committee Meeting Calendar as required. Amendment Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT the main motion be amended by adding the following clause: Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -9 -9 - Council Meeting Minutes Tuesday,November 10,2015 Page 10 of 22 THAT staff be directed to report back to Council on alternative dates for the Special General Committee –Capital Budget meeting scheduled on Monday,October 3,2016. CARRIED Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Mrakas THAT Report No.LLS15-059 be received;and THAT the requirements of sections 2.3 and 2.6 of the Procedural By-law be waived to permit the adoption of the 2016 Council and Committee meeting schedule attached to this report as Attachment #1;and THAT the Special Council –Public Planning meeting to consider the Highland Gate Developments Inc.applications be scheduled prior to the end of January 2016;and THAT the Meeting Calendar be amended by the addition of two Council meetings on the dates of July 26 and August 23,2016;and THAT the 2016 Council and Committee Meeting Calendar,attached to this report as Attachment #1,as amended,be approved;and THAT the Town Clerk be authorized to make amendments to the 2016 Council and Committee Meeting Calendar as required;and THAT staff be directed to report back to Council on alternative dates for the Special General Committee –Capital Budget meeting scheduled on Monday,October 3,2016. CARRIED AS AMENDED 1.General Committee Meeting Report of November 3,2015 (6)PR15-034 –Pedestrian Underpasses –Leslie Street and St.John’s Sideroad On a motion of Councillor Thompson seconded by Councillor Gaertner,Council consented to consider Item 1(6)prior to consideration of Item 1(1). Moved by Councillor Thompson Seconded by Councillor Mrakas THAT Report No.PR15-034 be received;and Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -10 -10 - Council Meeting Minutes Tuesday,November 10,2015 Page 11 of 22 THAT the construction of Underpasses C and D,as outlined in this report, and in accordance with the Town of Aurora Trails Master Plan,be approved; and THAT funding in the amount of $212,882 be approved;and THAT 90%of the funds required to construct the underpasses be allocated from the applicable Development Charges Reserve and that the remaining 10%funding be allocated from the applicable Parks and Recreation related reserves;and THAT staff be directed to enter into an Agreement with The Regional Municipality of York to facilitate the process of construction of the two underpasses,the associated financial arrangements,and any matters dealing with the future operation and maintenance of these underpasses;and THAT the Town only consider proceeding with the construction of Underpass A in the event that funding is provided by The Regional Municipality of York; and THAT the Mayor and Town Clerk be authorized to execute the necessary Form of Agreement including any and all documents and ancillary agreements required to give effect to same. On a recorded vote the motion CARRIED YEAS:5 NAYS:3 VOTING YEAS:Councillors Kim,Mrakas,Pirri,Thom,and Thompson VOTING NAYS:Councillors Gaertner,Humfryes,and Deputy Mayor Abel ABSENT:Mayor Dawe 1.General Committee Meeting Report of November 3,2015 (7)PR15-035 –Tree Removal/Pruning and Compensation Policy Moved by Councillor Gaertner Seconded by Councillor Thompson THAT Report No.PR15-035 be received;and THAT Report No.PR15-035 and the following recommendation be deferred to the General Committee meeting of November 17,2015,for consideration: Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -11 -11 - Council Meeting Minutes Tuesday,November 10,2015 Page 12 of 22 THAT the draft Tree Removal/Pruning and Compensation Policy attached to Report No.PR15-035 be approved;and THAT the draft Tree Removal/Pruning and Compensation Policy be applicable to all planning applications that are currently under review by the Town,provided the applicants have been duly notified of this draft Policy and are currently complying with the said draft Policy;and THAT the Tree Removal/Pruning and Compensation Policy come into full force for all new requests or applications received by the Town as of December 1,2015. CARRIED 2.LLS15-066 –General Committee Closed Session Report of November 3, 2015 Moved by Councillor Gaertner Seconded by Councillor Thompson THAT Report No.LLS15-066 be received for information. CARRIED 10.NOTICES OF MOTION/MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN (i)Notices of Motion (a)Councillor Gaertner Re:Highland Gate Developments Inc.Reports WHEREAS it is right and prudent for Council to ensure that a comprehensive,transparent and fair Public Planning process is conducted re the proposed Draft Plan of Subdivision,Official Plan Amendment and Zoning By-law Amendment submitted by Highland Gate Developments Inc. (the “Highland Gate application”);and WHEREAS the Planning Act provides for planning processes that are fair by making them open and accessible to ensure public knowledge and understanding of all facts relevant to a proposed planning application;and WHEREAS it is the Town's role to ensure that facts are known and understood by all interested parties;and Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -12 -12 - Council Meeting Minutes Tuesday,November 10,2015 Page 13 of 22 WHEREAS it is possible for the Town to supply detailed factual information to the public without compromising the process;and WHEREAS clarification of the significance of what has been commonly referred to as the one-foot buffers under the control of the Town of Aurora, to both the developer and residents,is crucial;and the criteria and circumstances that would be significant to the Town of Aurora,its residents and all affected property holders as part of the Public Planning process,or any subsequent appeal of any and all decisions resulting from that process needs to be clarified;and WHEREAS the public at a Public Planning meeting was told by the Town of Aurora that no information was found in the Town's records regarding the one-foot buffers;and WHEREAS it is therefore important to know what the common understanding and agreed upon purpose of these buffers were associated with the first development and the subsequent additional re-development of the land and their significance to the municipality,the public and all affected property holders;and WHEREAS it is appropriate for Council to have a full and open discussion on the potential impacts and effects on the residents in the directly affected neighbourhood,their property rights,and their quiet enjoyment of their residency during the construction period and post construction period;and WHEREAS the immediate and future economic impacts on the Town of Aurora and all of its taxpayers of the impacts of the proposed application should be well and fully understood by all members of the public; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to provide a report including the following: All of the reports and correspondence related to the application from experts,authorities and staff received by the Town;and a report from the department of Parks and Recreation Services; A review and report on the newspaper articles about any and all development related to the subject lands preceding and following the time that the one-foot buffers were established;and at the time of the first redevelopment,in order to establish the publicly expressed terms of the original agreement and its intent; The results of a search,for information about the understanding of the purpose and effect of the one-foot buffer when it was obtained,based on Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -13 -13 - Council Meeting Minutes Tuesday,November 10,2015 Page 14 of 22 publishing a public notice requesting that any party with knowledge of the decision step forward and provide related historical information to the process;and having a letter sent to all living municipal councillors from the time and to all persons identifiable from the public record at the time as having participated in related public meetings,seeking their best recollections of the facts of the matter; A thorough report produced by expert legal counsel independent of,but to be retained by,the Town of Aurora and reporting to Aurora Town Council as a whole to objectively summarize the facts and frame the legal context of the buffers,as they relate to the proposed development, in order to properly inform the planning process; A report on the potential construction impacts,including noise,dust,road and traffic disruption,implications for public health,placement of construction vehicles and materials,safety-related issues including road, property and personal,effect on existing infrastructure including the ability of roads and subsurface utilities facilities to handle weight and volume of construction vehicles without damage;and quality of life effects on the neighbourhood;and BE IT FURTHER RESOLVED THAT the next Public Planning meeting be held once this information has been provided first at a Council meeting;and BE IT FURTHER RESOLVED THAT Council,having received the aforementioned information,then make the decision on the appropriate date and time for the next Public Planning meeting concerning the Highland Gate application. (b)Councillor Thompson Re:Election of Regional Chair for Region of York WHEREAS the following Notice of Motion regarding the election of a Regional Chair,moved by Regional Councillor Joe Li and seconded by Mayor Justin Altmann,has been placed on the Region of York’s November 19,2015 agenda; “NOTICE OF MOTION Moved by:Regional Councillor Joe Li Seconded by:Mayor Justin Altmann WHEREAS The Regional Municipality of York (the “Region of York”) was established in 1971; Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -14 -14 - Council Meeting Minutes Tuesday,November 10,2015 Page 15 of 22 AND WHEREAS the head of the council of the Region of York (the “Regional Chair”)has always been appointed by the members of council,pursuant to the applicable legislation; AND WHEREAS,in 2003,a second option was introduced under subsection 218(1)of the Municipal Act,2001 (the “Act”),which permits the head of council of an upper-tier municipality,to be “elected by general vote”,in accordance with the Municipal Elections Act,1996,as an alternative to appointment by Regional Council,subject to th e process set out in the Act; AND WHEREAS subsection 219(2)of the Act sets out a cumbersome process to change from appointment to direct election of the Regional Chair,referred to as the “triple majority”; AND WHEREAS the following Regional Municipalities now elect their Regional Chair by general vote under the Municipal Elections Act,1996: Regional Municipality of Halton Regional Municipality of Durham Regional Municipality of Waterloo AND WHEREAS Private Member’s Bill 42,the Municipal Amendment Act (Election of Chair of York Region),2014,was tabled in the Ontario Legislature on November 14,2014 by the MPP for Newmarket-Aurora, Chris Ballard (the “Bill”),and has been given second reading and referred to the Standing Committee on the Legislative Assembly; AND WHEREAS the Bill proposes revisions to subsection 218(1)of the Municipal Act,2001 that require the Regional Chair to be elected by a general vote in accordance with the Municipal Elections Act,1996; AND WHEREAS on June 14,2012,the council of the Region of York resolved not to support Bill 60,a predecessor of Bill 42,and to retain the status quo regarding the election of the Regional Chair; AND WHEREAS the present process of the council of the Region of York appointing their own Regional Chair deprives the residents of a democratic process for a senior member of Regional government. NOW THEREFORE BE IT RESOLVED: 1)That the Region of York express its support for Bill 42,and request the Province of Ontario to pass Bill 42 and require the head of council of The Regional Municipality of York to be elected by Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -15 -15 - Council Meeting Minutes Tuesday,November 10,2015 Page 16 of 22 general vote in accordance with the Municipal Elections Act,1996, beginning in the next municipal election;and, 2)That this Motion be sent to The Honourable Kathleen Wynne, Premier of Ontario,The Honourable Ted McMeekin,Minister of Municipal Affairs and Housing,Patrick Brown,Leader of the Official Opposition (Progressive Conservative Party),Andrea Horwath, Leader of the New Democratic Party,all MPPs in the Region of York,including Chris Ballard,and the Councils of all municipalities within the Region of York.”; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora endorse the Motion to Elect the Regional Chair from Regional Councillor Li and Mayor Altmann;and BE IT FURTHER RESOLVED THAT the Town of Aurora send a letter to the Region of York expressing our support for the concept of an elected Regional Chair;and BE IT FURTHER RESOLVED THAT the Town of Aurora express its support to the Province for Bill 42 which would require the head of council of The Regional Municipality of York to be elected by general vote in accordance with the Municipal Elections Act,1996,beginning in the next municipal election. (ii)Motions for Which Notice Has Been Given (a)Councillor Kim Re:Procurement Policy Moved by Councillor Kim Seconded by Councillor Gaertner WHEREAS the Town of Aurora has a detailed procurement protocol to encourage competition among Bidders,Proponents,and Contractors and that they are accountable to the Town and the public;and to provide the highest level of government service at the least possible cost;and to ensure openness,accountability and transparency while protecting the financial best interests of the Town;and to obtain the best value for the Town when procuring Goods,Services,and Construction;and WHEREAS the Town of Aurora’s procurement policies allow for single source purchases under various conditions that offer the Town the best Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -16 -16 - Council Meeting Minutes Tuesday,November 10,2015 Page 17 of 22 services for the least possible cost including when a contract is awarded under a Co-operative Purchase or a Piggyback arrangement;and WHEREAS the current policy states that in a Piggyback arrangement,the Town is not required to adhere to the advertising requirements under this by-law and does not need to conduct its own competition;and the policies and procedures regarding the Solicitation and Procurement process of the government agencies or public authorities calling the Cooperative Purchasing Bid on behalf of the participants are to be accepted policies and procedures for that particular Bid; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora not enter into any Piggyback arrangement unless the Town has the freedom to conduct its own adjacent competitive solicitation (RFP)for bids;and BE IT FURTHER RESOLVED THAT the Town of Aurora only enter into a Piggyback arrangement with other government agencies or public authorities in Co-operative Purchasing on conditions that:i)they disclose all its own costs/fees that will be passed down to the Town of Aurora;ii)they disclose the names of all bidders and their contract bids;and iii)the arrangement discloses any and all fees including any cancellation penalties, break-up fees,or any up-front fee related to any type of due diligence report or work that would be ineligible for reimbursement to the Town if that contractor is not the final chosen contractor;and BE IT FURTHER RESOLVED THAT the Town of Aurora only enter into piggyback agreements with government agencies,public authorities or other third-party consultants who fully disclose their pre-qualification process,if they have one. Motion to refer Moved by Councillor Pirri Seconded by Councillor Thom THAT this Motion be referred back to staff for consideration as part of the 2016 procurement process audit and a report back to Council within 120 days. On a recorded vote the motion to refer CARRIED YEAS:5 NAYS:3 VOTING YEAS:Councillors Mrakas,Pirri,Thom, Thompson,and Deputy Mayor Abel VOTING NAYS:Councillors Gaertner,Humfryes,and Kim ABSENT:Mayor Dawe Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -17 -17 - Council Meeting Minutes Tuesday,November 10,2015 Page 18 of 22 (b)Councillor Mrakas Re:Door-to-Door Salespeople Main motion Moved by Councillor Mrakas Seconded by Councillor Pirri WHEREAS the financial well-being and personal safety of Aurora residents is of the upmost importance;and WHEREAS Aurorans—especially seniors—need more protection from unethical,misleading and/or aggressive door-to-door salespeople;and WHEREAS Part IV of the Municipal Act,2001 authorizes the council of every local municipality to pass by-laws for licensing,regulating and governing any business carried on within the municipality;and WHEREAS Council considers it desirable to exercise this authority for the purposes of health and safety,nuisance control and consumer protection; NOW THEREFORE BE IT HEREBY RESOLVED THAT The Town of Aurora staff develop a by-law that would regulate and control door-to-door sales,solicitation and distribution of advertising material;and BE IT FURTHER RESOLVED THAT said By-law be brought back to Council for approval in the first quarter of 2016. Amendment Moved by Councillor Thom Seconded by Councillor Pirri THAT the first operative clause be amended by inserting the words “and report back to Council on options for”after “staff develop”;and THAT the second operative clause be amended by inserting the words “report and”after the word “said”. CARRIED Main motion as amended Moved by Councillor Mrakas Seconded by Councillor Pirri WHEREAS the financial well-being and personal safety of Aurora residents is of the upmost importance;and Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -18 -18 - Council Meeting Minutes Tuesday,November 10,2015 Page 19 of 22 WHEREAS Aurorans—especially seniors—need more protection from unethical,misleading and/or aggressive door-to-door salespeople;and WHEREAS Part IV of the Municipal Act,2001 authorizes the council of every local municipality to pass by-laws for licensing,regulating and governing any business carried on within the municipality;and WHEREAS Council considers it desirable to exercise this authority for the purposes of health and safety,nuisance control and consumer protection; NOW THEREFORE BE IT HEREBY RESOLVED THAT The Town of Aurora staff develop and report back to Council on options for a by-law that would regulate and control door-to-door sales,solicitation and distribution of advertising material;and BE IT FURTHER RESOLVED THAT said report and by-law be brought back to Council for approval in the first quarter of 2016. On a recorded vote the main motion CARRIED AS AMENDED YEAS:8 NAYS:0 VOTING YEAS:Councillors Gaertner,Humfryes,Kim, Mrakas,Pirri,Thom,Thompson,and Deputy Mayor Abel VOTING NAYS:None ABSENT:Mayor Dawe 11.REGIONAL REPORT None 12.NEW BUSINESS/GENERAL INFORMATION None 13.READING OF BY-LAWS Moved by Councillor Thompson Seconded by Councillor Pirri THAT the following by-laws be given first,second,and third readings and enacted: Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -19 -19 - Council Meeting Minutes Tuesday,November 10,2015 Page 20 of 22 5777-15 BEING A BY-LAW to exempt Blocks 251,252 and 253 on Plan 65M-4461 from Part-Lot Control (Mattamy (Aurora)Limited). 5778-15 BEING A BY-LAW to exempt Blocks 155,159 and 162 on Plan 65M-4424 from Part-Lot Control (Paradise Homes Leslie Inc). 5779-15 BEING A BY-LAW to establish lands on Plan 65M-4079 as highways (St. John’s Road Development Corp.–Phases 2 and 3). 5782-15 BEING A BY-LAW to assume highways on Plans 65M-4075,65M-4079 and 65M-4082 for public use (St.John’s Road Development Corp.– Phases 2 and 3). CARRIED The confirming by-law was enacted following consideration of Closed Session. Moved by Councillor Mrakas Seconded by Councillor Kim THAT the following confirming by-law be given first,second,and third readings and enacted: 5781-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting on November 10,2015. CARRIED 14.CLOSED SESSION Moved by Councillor Pirri Seconded by Councillor Thom THAT Council resolve into Closed Session to consider the following matters: 1.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001);Re: Memorandum from Acting Director of Legal &Legislative Services/Associate Solicitor;Re:Update on Closed Session Report No.LLS15-061 –Economic Development Advisory Committee Membership 2.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001);Re:Memorandum from Director of Parks and Recreation Services;Re:Potential Acquisition of Land for a New Central York Fire Services Facility (Added Item) CARRIED Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -20 -20 - Council Meeting Minutes Tuesday,November 10,2015 Page 21 of 22 Moved by Councillor Mrakas Seconded by Councillor Thompson THAT the Council meeting be reconvened into open session to rise and report from Closed Session. CARRIED 1.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001);Re: Memorandum from Acting Director of Legal &Legislative Services/ Associate Solicitor;Re:Update on Closed Session Report No.LLS15-061 – Economic Development Advisory Committee Membership Moved by Councillor Thompson Seconded by Councillor Mrakas THAT the confidential Closed Session memorandum “Update on Closed Session Report No.LLS15-061 –Economic Development Advisory Committee Membership”be received;and THAT confidential Closed Session Report No.LLS15-061 be received for information. CARRIED 2.A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001);Re: Memorandum from Director of Parks and Recreation Services;Re: Potential Acquisition of Land for a New Central York Fire Services Facility (Added Item) Moved by Councillor Kim Seconded by Councillor Pirri THAT the confidential recommendations in respect to a proposed or pending acquisition or disposition of land by the Town or Local Board;Re:Memorandum from Director of Parks and Recreation Services;Re:Potential Acquisition of Land for a New Central York Fire Services Fire Facility be approved and staff be authorized to proceed as directed by Council in Closed Session on November 10,2015. On a recorded vote the motion CARRIED Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -21 -21 - Council Meeting Minutes Tuesday,November 10,2015 Page 22 of 22 YEAS:4 NAYS:2 VOTING YEAS:Councillors Pirri,Thom,Thompson,and Deputy Mayor Abel VOTING NAYS:Councillors Kim and Mrakas ABSENT:Councillors Gaertner,Humfryes,and Mayor Dawe 15.ADJOURNMENT Moved by Councillor Thom Seconded by Councillor Kim THAT the meeting be adjourned at 10:07 p.m. CARRIED JOHN ABEL,DEPUTY MAYOR STEPHEN M.A.HUYCKE,TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF NOVEMBER 10,2015,ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON NOVEMBER 24,2015. Council Meeting Agenda Tuesday,November 24,2015 Council Minutes Page -22 -22 - TOWN OF AURORA SPECIAL COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday,November 17,2015 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair;Councillors Abel (arrived 6:36 p.m.), Gaertner,Humfryes,Kim,Mrakas,Thom,and Thompson MEMBERS ABSENT Councillor Pirri OTHER ATTENDEES Interim Chief Administrative Officer,Town Clerk,and Council/Committee Secretary Mayor Dawe called the meeting to order at 6:33 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA Moved by Councillor Mrakas Seconded by Councillor Thompson THAT the requirements of subsection 3.13(b)of the Procedural By-law be waived to permit consideration of Item 1,Motion for Which Notice Has Been Given (a)Councillor Thompson;Re:Election of Regional Chair for Region of York,prior to the next regular Council meeting;and THAT the agenda as circulated by Legal and Legislative Services be approved. CARRIED (two-thirds vote) Council Meeting Agenda Tuesday,November 24,2015 Special Council Minutes -1 -23 - Special Council Meeting Minutes Tuesday,November 17,2015 Page 2 of 4 3.DELEGATIONS None 4.CONSIDERATION OF BUSINESS FOR WHICH NOTICE WAS GIVEN 1.Motion For Which Notice Has Been Given (a)Councillor Thompson Re:Election of Regional Chair for Region of York Moved by Councillor Thompson Seconded by Councillor Mrakas WHEREAS the following Notice of Motion regarding the election of a Regional Chair,moved by Regional Councillor Joe Li and seconded by Mayor Justin Altmann,has been placed on the Region of York’s November 19,2015 agenda; “NOTICE OF MOTION Moved by:Regional Councillor Joe Li Seconded by:Mayor Justin Altmann WHEREAS The Regional Municipality of York (the “Region of York”) was established in 1971; AND WHEREAS the head of the council of the Region of York (the “Regional Chair”)has always been appointed by the members of council,pursuant to the applicable legislation; AND WHEREAS,in 2003,a second option was introduced under subsection 218(1)of the Municipal Act,2001 (the “Act”),which permits the head of council of an upper-tier municipality,to be “elected by general vote”,in accordance with the Municipal Elections Act,1996,as an alternative to appointment by Regional Council,subject to the process set out in the Act; AND WHEREAS subsection 219(2)of the Act sets out a cumbersome process to change from appointment to direct election of the Regional Chair,referred to as the “triple majority”; AND WHEREAS the following Regional Municipalities now elect their Regional Chair by general vote under the Municipal Elections Act,1996: Council Meeting Agenda Tuesday,November 24,2015 Special Council Minutes -2 -24 - Special Council Meeting Minutes Tuesday,November 17,2015 Page 3 of 4 Regional Municipality of Halton Regional Municipality of Durham Regional Municipality of Waterloo AND WHEREAS Private Member’s Bill 42,the Municipal Amendment Act (Election of Chair of York Region),2014,was tabled in the Ontario Legislature on November 14,2014 by the MPP for Newmarket-Aurora, Chris Ballard (the “Bill”),and has been given second reading and referred to the Standing Committee on the Legislative Assembly; AND WHEREAS the Bill proposes revisions to subsection 218(1)of the Municipal Act,2001 that require the Regional Chair to be elected by a general vote in accordance with the Municipal Elections Act,1996; AND WHEREAS on June 14,2012,the council of the Region of York resolved not to support Bill 60,a predecessor of Bill 42,and to retain the status quo regarding the election of the Regional Chair; AND WHEREAS the present process of the council of the Region of York appointing their own Regional Chair deprives the residents of a democratic process for a senior member of Regional government. NOW THEREFORE BE IT RESOLVED: 1)That the Region of York express its support for Bill 42,and request the Province of Ontario to pass Bill 42 and require the head of council of The Regional Municipality of York to be elected by general vote in accordance with the Municipal Elections Act,1996, beginning in the next municipal election;and, 2)That this Motion be sent to The Honourable Kathleen Wynne, Premier of Ontario,The Honourable Ted McMeekin,Minister of Municipal Affairs and Housing,Patrick Brown,Leader of the Official Opposition (Progressive Conservative Party),Andrea Horwath, Leader of the New Democratic Party,all MPPs in the Region of York,including Chris Ballard,and the Councils of all municipalities within the Region of York.”; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora endorse the Motion to Elect the Regional Chair from Regional Councillor Li and Mayor Altmann;and BE IT FURTHER RESOLVED THAT the Town of Aurora send a letter to the Region of York expressing our support for the concept of an elected Regional Chair;and Council Meeting Agenda Tuesday,November 24,2015 Special Council Minutes -3 -25 - Special Council Meeting Minutes Tuesday,November 17,2015 Page 4 of 4 BE IT FURTHER RESOLVED THAT the Town of Aurora express its support to the Province for Bill 42 which would require the head of council of The Regional Municipality of York to be elected by general vote in accordance with the Municipal Elections Act,1996,beginning in the next municipal election. On a recorded vote the motion CARRIED YEAS:7 NAYS:1 VOTING YEAS:Councillors Abel,Gaertner,Humfryes,Kim, Mrakas,Thom,and Thompson VOTING NAYS:Mayor Dawe ABSENT:Councillor Pirri 5.READING OF BY-LAW Moved by Councillor Abel Seconded by Councillor Thompson 5785-15 BEING A BY-LAW to Confirm Actions by Council Resulting from Special Council Meeting on November 17,2015. CARRIED 6.ADJOURNMENT Moved by Councillor Abel Seconded by Councillor Thompson THAT the meeting be adjourned at 6:51 p.m. CARRIED GEOFFREY DAWE,MAYOR STEPHEN M.A.HUYCKE,TOWN CLERK THE MINUTES OF THE SPECIAL COUNCIL MEETING OF NOVEMBER 17,2015,ARE SUBJECT TO FINAL APPROVAL BY COUNCIL ON NOVEMBER 24,2015. Council Meeting Agenda Tuesday,November 24,2015 Special Council Minutes -4 -26 - PRESENTATION REQUEST This Presentation form and any written submissions or background information for consideration by deadline: 4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:November 24,2015 SUBJECT:Platinum Sponsorship Recognition NAME OF SPOKESPERSON:Nicole Young,Town of Aurora NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable): BRIEF SUMMARY OF ISSUE OR PURPOSE OF PRESENTATION:Will show a brief powerpoint slideshow of 2015 events and will present awards to those present with Mayor Dawe. PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest? Yes No IF YES,WITH WHOM?DATE I I acknowledge that the Procedural By-law permits ten (10)minutes for Presentations. Legal and Legislative Services 905-727-3123 CSecretariat@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 X X Council Meeting Agenda Tuesday,November 24,2015 Presentation (a)Page -1 -27 - Council Meeting Agenda Tuesday,November 24,2015 Presentation (b)Page -1 -28 - PRESENTATION REQUEST This Presentation form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk’s office by the following deadline: 4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:November 24,2015 SUBJECT:Sport Plan and Master Plan NAME OF SPOKESPERSON:Todd Brown and Claire Tucker-Reid NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable):Monteith Brown Consultants BRIEF SUMMARY OF ISSUE OR PURPOSE OF PRESENTATION: Presentation of the first draft of both the Parks and Recreation Master Plan and the Sport Plan. PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest? Yes No IF YES,WITH WHOM?Mayor and MOC DATE:September 29th,2015 I I acknowledge that the Procedural By-law permits ten (10)minutes for Presentations. Legal and Legislative Services 905-727-3123 CSecretariat@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 x x Council Meeting Agenda Tuesday,November 24,2015 Presentation (c)Page -1 -29 - DELEGATION REQUEST This Delegation Request form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk’s office by the following deadline: 4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:Tuesday November 24,2015 SUBJECT:AFLC issues NAME OF SPOKESPERSON:Janet Matthews –Resident NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable): Residents and Members of Club Aurora who participate in Aqua Fitness Classes at the AFLC BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION: To present arguments in support of the motion before Council to re-open the North Door of the AFLC. PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest?YES X NO IF YES,WITH WHOM? Wendy Gaertner,Sandra Humphryes, John Able,Tom Mrakis,Michael Thompson,and letters that went to all members of council and to the Mayor. DATE:Ongoing since March 2015. YES I acknowledge that the Procedural By-law permits five (5)minutes for Delegations. Legal and Legislative Services 905-727-3123 CSecretariat@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 Council Meeting Agenda Tuesday,November 24,2015 Delegation (a)Page -1 -30 - Council Meeting Agenda Tuesday,November 24,2015 Item 1 Page -1 -31 - Council Meeting Agenda Tuesday,November 24,2015 Item 1 Page -2 -32 - Council Meeting Agenda Tuesday,November 24,2015 Item 1 Page -3 -33 - Council Meeting Agenda Tuesday,November 24,2015 Item 1 Page -4 -34 - Council Meeting Agenda Tuesday,November 24,2015 Item 1 Page -5 -35 - Council Meeting Agenda Tuesday,November 24,2015 Item 1 Page -6 -36 - TOWN OF AURORA GENERAL COMMITTEE MEETING REPORT Council Chambers Aurora Town Hall Tuesday,November 17,2015 ATTENDANCE COUNCIL MEMBERS Councillor Abel in the Chair;Councillors Gaertner (arrived 7:05 p.m.),Humfryes (arrived 7:04 p.m.),Kim,Mrakas,Thom, Thompson,and Mayor Dawe (arrived 7:08 p.m.) MEMBERS ABSENT Councillor Pirri OTHER ATTENDEES Interim Chief Administrative Officer,Director of Building and By-law Services,Director of Corporate and Financial Services/Treasurer,Director of Infrastructure and Environmental Services,Acting Director of Legal and Legislative Services/Associate Solicitor,Director of Parks and Recreation Services,Director of Planning and Development Services,Town Clerk,and Council/Committee Secretary The Chair called the meeting to order at 7:02 p.m. 1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 2.APPROVAL OF THE AGENDA General Committee approved the agenda as circulated by Legal and Legislative Services,with the following change: Replacement Memorandum –Item 1 –Memorandum from Director of Parks & Recreation Services;Re:Tree Protection By-law Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -1 -37 - General Committee Meeting Report Tuesday,November 17,2015 Page 2 of 12 3.DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1,2,3,4,6,7,10,14,and 15 were identified for discussion. 4.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 5,8,9,11,12,13,16,and 17 were identified as items not requiring separate discussion. General Committee recommends: THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion”be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 5.CFS15-046 –Annual Cancellation,Reduction or Refund of Property Taxes under Sections 357 and 358 of the Municipal Act,2001 THAT Report No.CFS15-046 be received;and THAT a meeting be held in accordance with Sections 357 and 358 of the Municipal Act,2001,S.O.2001,c.25 as amended (the “Act”)in respect of the applications filed with the Treasurer by the owners of property listed in this report at which applicants may make representations;and THAT property taxes in the amount $35,747.80 be adjusted pursuant to Section 357 of the Act;and THAT property taxes in the amount of $12,879.66 be adjusted pursuant to Section 358 of the Act;and THAT the associated interest applicable be cancelled in proportion to the property taxes adjusted;and THAT the Director of Corporate &Financial Services/Treasurer be directed to remove said property taxes from the Collector’s Roll to reflect these property tax adjustments. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -2 -38 - General Committee Meeting Report Tuesday,November 17,2015 Page 3 of 12 8.BBS15-015 –Request for Sign Variance to Sign By-Law No.4898-07.P for the Canadian Tire at 15400 Bayview Avenue THAT Report No.BBS15-015 be received;and THAT a request for variance to Sign By-law No.4898-07.P to allow three (3)wall signs on the east elevation of the Canadian Tire at 15400 Bayview Avenue, whereas Sign By-law 4898-07.P only permits one (1)wall sign,be approved. 9.IES15-064 –Extension of Janitorial Services Contract THAT Report No.IES15-064 be received;and THAT Tender No.IES2010-71 –for Janitorial Services and Supplies be extended to Royal Building Cleaning Ltd.to July 31,2016,an additional six (6) months,for the amount of $225,000 excluding taxes. 11.IES15-066 –Supply of Alternative De-icer THAT Report No.IES15-066 be received;and THAT Tender IES15-67 for the supply of Thawrox be awarded to Sifto Compass Minerals Canada Corporation in the value of $260,000 plus taxes per year for a contract period of two (2)years starting January 1,2016;and THAT the Mayor and Town Clerk be authorized to execute the necessary Agreement,including any and all documents and ancillary agreements required to give effect to same. 12.IES15-067 –Purchase Order Increase to Purchase Water Meters for 2C THAT Report No.IES15-067 be received;and THAT the purchase order for the supply of water meters from Wamco Municipal Products Inc.be increased by $133,000 to a revised amount of $270,000, excluding taxes;and THAT the budget for water meter supply expenses be increased by $120,000 and that the revenue for water meter sales be increased by $138,000,be approved. 13.PR15-036 –Purchase Order Increase for Street Tree Pruning and Removal THAT Report No.PR15-036 be received;and Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -3 -39 - General Committee Meeting Report Tuesday,November 17,2015 Page 4 of 12 THAT Purchase Order 2014000002 (Weller Tree Services Ltd.)be increased by $70,000.00,excluding taxes;and THAT the option to renew the Arboriculture Services contract be exercised for the third and final year of the Contract ending December 31,2016. 16.PL15-085 –Delegated Development Agreements,2015 Summary Report THAT Report No.PL15-085 be received for information. 17.Central York Fire Services (CYFS)–Joint Council Committee (JCC) Meeting Minutes of June 2,July 21,September 8,and October 13,2015 THAT the Central York Fire Services –Joint Council Committee meeting minutes of June 2,2015,July 21,2015,September 8,2015,and October 13, 2015,be received;and THAT the Central York Fire Services –Joint Council Committee,at its meeting of October 13,2015,recommended to Council: 3.Corporate Services Report –Financial Services 2015-46,dated September 22,2015 regarding Central York Fire Services Reserve Fund a)THAT Corporate Services Report -Financial Services 2015-46 dated September 22,2015 regarding Central York Fire Services Reserve Fund be received and the following recommendations be adopted: i)THAT JCC set a target level for the CYFS Reserve fund as proposed in this report; ii)AND THAT any 2015 CYFS operating surplus be allocated back to each municipality based on their budgeted allocation percentage; iii)AND THAT JCC recommend that the Councils of each municipality waive the requirements specified in Schedule D of the Fire/Emergency Services Agreement between the Town of Aurora and the Town of Newmarket dated November 1,2001,in this one instance. CARRIED Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -4 -40 - General Committee Meeting Report Tuesday,November 17,2015 Page 5 of 12 5.DELEGATIONS (a)Isobel Ralston,Resident Re:Item 1 –Memorandum from the Director of Parks &Recreation Services,Re:Tree Protection By-law Ms.Rolston gave a brief presentation regarding the Tree Protection By-law and spoke in support of regulating tree removal on golf courses. General Committee received and referred the comments of the delegation to Item 1. (b)Jim Tree,Manager of Parks Re:Item 3 –PR15-026 –Urban Forest Management Plan &Policies Mr.Tree gave a brief presentation regarding the Urban Forestry Management Plan and policies,the Tree Removal and Compensation Policy (Item 2),and the chronology and highlights of the Tree Protection By-law (Item 1). General Committee received the comments of the delegation. (c)Dr.Brian Moore,Canadian Disc Institute Re:Item 6 –BBS15-013 –Request for Sign Variance to Sign By-law No.4898-07.P for the Canadian Disc Institute at 15000 Yonge Street Dr.Moore,on behalf of the Canadian Disc Institute,expressed his support for approval of the Request for Sign Variance. General Committee received and referred the comments of the delegation to Item 6. (d)Jim Abrams,President,and Carol Hedenberg, Aurora Seniors’Association Re:Item 15 –PR15-038 –Aurora Seniors’Centre Operating Agreement Renewal 2016-2021 Mr.Abrams gave a brief overview of the operations of the Aurora Seniors’ Association,and expressed his support for the Aurora Seniors’Centre Operating Agreement Renewal. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -5 -41 - General Committee Meeting Report Tuesday,November 17,2015 Page 6 of 12 General Committee received and referred the comments of the delegation to Item 15. 6.PRESENTATIONS BY THE ADVISORY COMMITTEE CHAIR None 7.CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1.Memorandum from the Director of Parks &Recreation Services Re:Tree Protection By-law General Committee consented to consider Item 1 following consideration of Item 6. General Committee recommends: THAT the memorandum regarding Tree Protection By-law be received;and THAT staff be directed to prepare and report back on a revised Draft Tree Protection By-law,substantially in the form as attached to Report No. PR14-004,with the following changes: 1)Rules pertaining to trees on golf courses be similar to section 4.2 of the City of Markham By-law No.2008-96,“Tree Preservation By-law”; and 2)Permit owners of larger properties (0.25 ha or greater)to remove 2 (two)trees per 0.25 ha in a twelve (12)month period. CARRIED AS AMENDED 2.PR15-035 –Tree Removal/Pruning and Compensation Policy General Committee recommends: THAT the draft Tree Removal/Pruning and Compensation Policy attached to Report No.PR15-035 be approved;and THAT the draft Tree Removal/Pruning and Compensation Policy be applicable to all planning applications that are currently under review by the Town,provided the applicants have been duly notified of this draft Policy and are currently complying with the said draft Policy;and Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -6 -42 - General Committee Meeting Report Tuesday,November 17,2015 Page 7 of 12 THAT the Tree Removal/Pruning and Compensation Policy come into full force for all new requests or applications received by the Town as of December 1, 2015. CARRIED 3.PR15-026 –Urban Forest Management Plan &Policies General Committee recommends: THAT Report No.PR15-026 be received;and THAT the Urban Forest Management Plan and Policy (TAUFMPP),Attachment 1 to Report No.PR15-026,be posted on the Town of Aurora’s website for the purposes of public information and stakeholder notification;and THAT,unless any significant comments or feedback are received from the public or stakeholders that staff determines needs to be brought to Council attention, the (TAUFMPP)be deemed to be adopted by Council effective December 1, 2015. CARRIED 4.IES15-069 –Aurora Family Leisure Complex Additional Modification Requests General Committee consented to consider Item 4 following consideration of Item 14. General Committee recommends: THAT Item 4 –Aurora Family Leisure Complex Additional Modification Requests be referred to the Council Meeting of November 24,2015. Motion to refer CARRIED 6.BBS15-013 –Request for Sign Variance to Sign By-law No.4898-07.P for the Canadian Disc Institute at 15000 Yonge Street General Committee consented to consider Item 6 following consideration of Item 15. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -7 -43 - General Committee Meeting Report Tuesday,November 17,2015 Page 8 of 12 General Committee recommends: THAT Item 6 –Request for Sign Variance to Sign By-law No.4898-07.P for the Canadian Disc Institute at 15000 Yonge Street be referred to the Heritage Advisory Committee and the Economic Development Advisory Committee for comments and discussion at their next meetings. Motion to refer CARRIED 7.BBS15-014 –Request for Sign Variance to Sign By-law No.4898-07.P for Panera Bread at 15610 Bayview Avenue General Committee recommends: THAT Report No.BBS15-014 be received;and THAT a request for variance to Sign By-law No.4898-07.P to allow wall signs on four (4)elevations of Panera Bread at 15610 Bayview Avenue,whereas Sign By- law 4898-07.P only permits signs on two (2)elevations,be approved. CARRIED 10.IES15-068 –Facility Projects Status Report General Committee recommends: THAT Report No.IES15-068 be received for information. CARRIED 14.PR15-037 –Culture &Recreation Grant Bi-Annual Allocation for September 2015 General Committee recommends: THAT Report No.PR15-037 be received for information. CARRIED 15.PR15-038 –Aurora Seniors’Centre Operating Agreement Renewal 2016-2021 General Committee consented to consider Item 15 prior to consideration of Item 1. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -8 -44 - General Committee Meeting Report Tuesday,November 17,2015 Page 9 of 12 General Committee recommends: THAT Report No.PR15-038 be received;and THAT the Amended Operating Agreement between the Aurora Seniors Association and the Town of Aurora be approved;and THAT the Mayor and Town Clerk be authorized to execute the Operating Agreement Renewal 2016-2021 with the Aurora Seniors Association including any and all documents and ancillary agreements required to give effect to same. CARRIED 8.NOTICES OF MOTION (a)Councillor Abel Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph WHEREAS Aurora Council recently approved up to $15,000 for a concrete pad to permanently mount a decommissioned military Light Armoured Vehicle (LAV)at the Aurora Cenotaph;and WHEREAS this decision was made without the benefit of public engagement; and WHEREAS the public has since learning of the decision,contacted Members of Council via email,letters,and letters to the Editor,to voice their concerns; and WHEREAS the Aurora Cenotaph,like many cenotaphs throughout the province,the country,and the world is about a unique,stately and poignant monument to recognize and honour those who have sacrificed and suffered in defending our country;and WHEREAS the LAV is not a work of art,but a purpose built machine;and WHEREAS upon second reflection,the LAV may be more suitably mounted and displayed in another location in Town; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council reconsider this recent decision;and BE IT FURTHER RESOLVED THAT Council direct staff to report back for Council's consideration options for locations for the display of the LAV. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -9 -45 - General Committee Meeting Report Tuesday,November 17,2015 Page 10 of 12 (b)Councillor Abel Re:Regional GO Transit Shuttle WHEREAS the Aurora GO station has a commuter parking building and surface lot,and those facilities are full almost every business day;and WHEREAS GO Transit commuters often park at the Town Park and on local residential streets;and WHEREAS the Town wants to restrict GO Transit commuter parking at the Town Park;and WHEREAS the number of cars in the very congested Wellington Corridor around the GO station will likely increase;and WHEREAS commuters should be encouraged to use Transit to get to the GO station and refrain from driving their cars to eliminate traffic congestion and greenhouse gas emissions;and WHEREAS the Province of Ontario has recently announced an increase in Provincial Gas Tax contributions to municipalities exclusively for transit initiatives,with the Region of York receiving an additional $15 million;and WHEREAS the Region of York is responsible for providing transit within the Town of Aurora; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Region of York ("the Region")be requested to use the increased provincial funding to develop and implement a pilot rapid,dedicated,intensified,innovative GO Station Shuttle Service,to encourage residents to use Public Transit to travel to and from the GO Station;and BE IT FURTHER RESOLVED THAT the Region be requested to consult with the Town of Aurora on the development of the pilot GO Station Shuttle Service;and BE IT FURTHER RESOLVED THAT Metrolinx be requested to discourage commuters from driving to the Aurora Go Station by charging a nominal parking fee,and that revenue from the parking fees be used to fund the rapid,dedicated,intensified,innovative GO Station Shuttle Service;and BE IT FURTHER RESOLVED THAT the Region be requested to support the Town's request that Metrolinx implement a nominal parking fee for the Aurora GO Station,and that the revenue from the parking fees be used to fund the rapid,dedicated,intensified,innovative GO Station Shuttle Service. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -10 -46 - General Committee Meeting Report Tuesday,November 17,2015 Page 11 of 12 (c)Councillor Abel Re:Temperance Street Cultural Precinct WHEREAS the Aurora Promenade Urban Design Strategy sets out eight overarching strategies highlighting key aspects that will shape the future of the Aurora Promenade;and WHEREAS these strategies are important “big moves”that will help achieve long-term planning and urban design objectives;and WHEREAS the establishment of a Cultural Precinct(s)is identified within the Aurora Promenade Concept Plan as a priority action and one of the key strategies for the revitalization of the downtown core;and WHEREAS the Cultural Precinct Study approved by Council in September 2015 is a specific area bounded on the east side of Yonge Street,and WHEREAS there is an area,bounded by Yonge Street to the east,Mill Street to the west,Wellington Street to the north,and Tyler Street to the south,with many significant Historic buildings and buildings of Heritage value which could be considered the Cultural Precinct West or the "Temperance Street Cultural Precinct"and could benefit from a study for the same reasons; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to conduct a Request for Proposal ("RFP")to engage a design firm to establish a Vision and Conceptual Plan for the Temperance Street Cultural Precinct area;and BE IT FURTHER RESOLVED THAT the final report and conceptual plan for the Temperance Street Cultural Precinct area be presented to Council for consideration in the first quarter of 2016;and BE IT FURTHER RESOLVED THAT upon completion of the RFP process, staff report back on the outcomes and any required budget consideration. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -11 -47 - General Committee Meeting Report Tuesday,November 17,2015 Page 12 of 12 9.NEW BUSINESS/GENERAL INFORMATION None 10.CLOSED SESSION General Committee resolved into Closed Session,following adjournment,to consider the following matters: 1.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001);Re:Report No. LLS15-067 -Appointments to the Heritage Advisory Committee 2.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001);Re:Chief Administrative Officer Recruitment 11.ADJOURNMENT The meeting was adjourned at 9:58 p.m. JOHN ABEL,COUNCILLOR STEPHEN M.A.HUYCKE,TOWN CLERK THE REPORT OF THE GENERAL COMMITTEE MEETING OF NOVEMBER 17,2015,IS SUBJECT TO FINAL APPROVAL AND COUNCIL ENDORSEMENT OF THE RECOMMENDATIONS ON NOVEMBER 24,2015. Council Meeting Agenda Tuesday,November 24,2015 Item 2 Page -12 -48 - TOWN OF AURORA COUNCIL REPORT No.LLS15-068 SUBJECT:General Committee Closed Session Report of November 17,2015 FROM:Slawomir Szlapczynski,Acting Director of Legal &Legislative Services/Associate Solicitor DATE:November 24,2015 RECOMMENDATIONS THAT Report No.LLS15-068 be received;and THAT the following recommendation from the General Committee Closed Session meeting of November 17,2015,be adopted: 1.Personal matters about an identifiable individual,including a Town or Local Board employee (section 239(2)(b)of the Municipal Act,2001);Re:LLS15-067 Appointments to the Heritage Advisory Committee THAT the appointment of two (2)Citizen Members to the Heritage Advisory Committee as recommended by General Committee in Closed Session on November 17,2015 be approved;and THAT these appointments be effective as of December 1,2015;and THAT staff be directed to report out the names of citizen members appointed to the Heritage Advisory Committee upon adoption of this resolution. THAT,in respect to the recruitment of a Chief Administrative Officer for the Town, the Interim Chief Administrative Officer be directed and authorized to proceed as discussed in the Closed Session General Committee meeting of November 17, 2015. BACKGROUND The General Committee Closed Session meeting convened at 10:04 p.m.on November 17,2015,with the following Members present: Committee Members:Mayor Dawe in the Chair;Councillors Abel,Gaertner, Humfryes,Kim,Mrakas,Thom,and Thompson Members Absent:Councillor Pirri Council Meeting Agenda Tuesday,November 24,2015 Item 3 Page -1 -49 - Council Meeting Agenda Tuesday,November 24,2015 Item 3 Page -2 -50 - COUNCIL MEMORANDUM DATE:November 24,2015 TO:Mayor and Members of Council FROM:Patrick Moyle,Interim Chief Administrative Officer RE:Chief Administrative Officer Candidate Interviews –Delegation of Authority to General Committee RECOMMENDATIONS THAT the memorandum “Chief Administrative Officer Candidate Interview – Delegation of Authority to General Committee”be received;and THAT General Committee be directed and authorized to conduct interviews of candidates for the Chief Administrative Officer (“CAO”)position,and to make a recommendation to Council on the appointment of a Chief Administrative Officer for the Town;and THAT notwithstanding anything in the Procedural By-law to the contrary,the Mayor be authorized to call Special General Committee meetings,as required,to conduct interviews of candidates for the CAO position,with the following Order of Business: (a)Declarations of Pecuniary Interest and General Nature Thereof (b)Approval of the Agenda (c)Consideration of Business For Which Notice Was Given (d)Adjournment COMMENTS Members of Council (“Members”)will begin interviewing candidates for the position of CAO in the near future.All Members will be invited to participate in these interviews and they therefore constitute a Meeting subject to the open meeting rules of the Municipal Act,2001 (the “Act”)and the Procedural By-law.To protect the personal privacy of the candidates, Council may choose to conduct these interviews in a Closed Session meeting held pursuant to subsection 239(2)(b)of Act as they pertain to “Personal matters about an identifiable individual.” 100 John West Way Box 1000 Aurora,Ontario L4G 6J1 Phone:905-727-3123 ext.4744 www.aurora.ca Town of Aurora Administration Department Council Meeting Agenda Tuesday,November 24,2015 Item 4 Page -1 -51 - November 24,2015 -2 -CAO Candidate Interviews – Delegation of Authority to General Committee Section 2.19 of the Procedural By-law states that “…a meeting that is closed to the public shall normally be held at General Committee whenever possible….”It is recommended that this practice be maintained for the CAO position.Following the Interviews General Committee can recommend the appointment of a CAO,which can be considered and voted on by Council at a regular Council meeting,or at a Special Council meeting called for that purpose. Prepared by:Stephen M.A.Huycke,Town Clerk,extension 4771 Council Meeting Agenda Tuesday,November 24,2015 Item 4 Page -2 -52 - COUNCIL MEMORANDUM DATE:November 24,2015 TO:Mayor and Members of Council CC:Patrick Moyle,Interim Chief Administrative Officer FROM:Slawomir Szlapczynski,Acting Director of Legal &Legislative Services/Associate Solicitor RE:Highland Gate Developments Inc.–Appeal to the Ontario Municipal Board RECOMMENDATIONS THAT the memorandum regarding Highland Gate Developments Inc.–Appeal to the Ontario Municipal Board be received for information. BACKGROUND On February 27,2015,Highland Gate Development Inc.(“Highland Gate”)submitted to The Corporation of the Town of Aurora (the “Town”)an Official Plan Amendment,Zoning By-law Amendment and Draft Plan of Subdivision applications (the “Applications”).As the Town was in the process of reviewing the aforementioned Applications and holding public consultations,Highland Gate appealed the Applications to the Ontario Municipal Board (“OMB”)on November 17,2015 pursuant to the Planning Act,R.S.O.1990,c.P.13,as amended.Consequently,the Town is currently in a position of litigation with Highland Gate with respect to the Applications. DISCUSSION At this stage,the Town’s Legal Services,along with the Town’s Planning Department,is reviewing the implications of the Appeal and its effect on the Town’s current planning review process.Given that the Town has now been put into a position of litigation with Highland Gate,caution needs to be exercised with respect to any public statements,as any such statements may become evidence at any associated OMB hearing.Given that the Town has not yet reached a decision with respect to the Applications,caution is advised to ensure that any statements from the Town do not prejudice the position the Town Council decides to take with respect to the Applications.Additionally,information gathered or compiled by the Town at this stage may potentially be protected from disclosure by litigation privilege given that the Appeal has commenced.However,any information or documents made public, including anything that is prejudicial to the Town’s position,would lose any litigation or solicitor-client privilege that may attach to such information or documents. 100 John West Way Box 1000 Aurora,Ontario L4G 6J1 Phone:905-727-3123 ext.4745 Email:sszlapczynski@aurora.ca www.aurora.ca Town of Aurora Legal &Legislative Services Council Meeting Agenda Tuesday,November 24,2015 Item 5 Page -1 -53 - November 24,2015 -2- Additionally,as Council is aware,the Town Solicitor,who is the subject expert with respect to legal aspects of planning matters at the Town and has been involved with the Applications,is currently away from the office until November 30,2015. At this stage,in order to protect the interests of the Town,it is recommended that any public discussions or statements,including discussion on Council Agenda items,with respect to the Applications be deferred until the Town Solicitor returns and has an opportunity to consider the implications of the Appeal and to advise Council appropriately.Once the implications of the Appeal are properly reviewed with Council and a legal strategy considered,there will be opportunity for Council to publicly voice their position on this matter. Given the current timelines at the OMB,it is expected that it will be several weeks or months before a case file is opened and any preliminary steps are initiated on this matter. Council Meeting Agenda Tuesday,November 24,2015 Item 5 Page -2 -54 - MOTION FOR WHICH NOTICE HAS BEEN GIVEN (November 10,2015)Councillor Wendy Gaertner Date:November 24,2015 To:Mayor and Members of Council From: Councillor Gaertner Re:Highland Gate Developments Inc. Reports WHEREAS it is right and prudent for Council to ensure that a comprehensive, transparent and fair Public Planning process is conducted re the proposed Draft Plan of Subdivision,Official Plan Amendment and Zoning By-law Amendment submitted by Highland Gate Developments Inc.(the “Highland Gate application”);and WHEREAS the Planning Act provides for planning processes that are fair by making them open and accessible to ensure public knowledge and understanding of a ll facts relevant to a proposed planning application;and WHEREAS it is the Town's role to ensure that facts are known and understood by all interested parties;and WHEREAS it is possible for the Town to supply detailed factual information to the public without compromising the process;and WHEREAS clarification of the significance of what has been commonly referred to as the one-foot buffers under the control of the Town of Aurora,to both the developer and residents,is crucial;and the criteria and circumstances that would be significant to the Town of Aurora,its residents and all affected property holders as part of the Public Planning process,or any subsequent appeal of any and all decisions resulting from that process needs to be clarified;and WHEREAS the public at a Public Planning meeting was told by the Town of Aurora that no information was found in the Town's records regarding the one-foot buffers;and WHEREAS it is therefore important to know what the common understanding and agreed upon purpose of these buffers were associated with the first development and the subsequent additional re-development of the land and their significance to the municipality,the public and all affected property holders;and WHEREAS it is appropriate for Council to have a full and open discussion on the potential impacts and effects on the residents in the directly affected neighbourhood, Council Meeting Agenda Tuesday,November 24,2015 Motion (a)Page - 1 -55 - November 24,2015 Motion for Which Notice Has Been Given Page 2 of 2 Highland Gate Developments Inc.Reports their property rights,and their quiet enjoyment of their residency during the construction period and post construction period;and WHEREAS the immediate and future economic impacts on the Town of Aurora and all of its taxpayers of the impacts of the proposed application should be well and fully understood by all members of the public; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council direct staff to provide a report including the following: All of the reports and correspondence related to the application from experts, authorities and staff received by the Town;and a report from the department of Parks and Recreation Services; A review and report on the newspaper articles about any and all development related to the subject lands preceding and following the time that the one-foot buffers were established;and at the time of the first redevelopment,in order to establish the publicly expressed terms of the original agreement and its intent; The results of a search,for information about the understanding of the purpose and effect of the one-foot buffer when it was obtained,based on publ ishing a public notice requesting that any party with knowledge of the decision step forward and provide related historical information to the process;and having a letter sent to all living municipal councillors from the time and to all persons identifiable from the public record at the time as having participated in related public meetings,seeking their best recollections of the facts of the matter; A thorough report produced by expert legal counsel independent of ,but to be retained by,the Town of Aurora and reporting to Aurora Town Council as a whole to objectively summarize the facts and frame the legal context of the buffers,as they relate to the proposed development,in order to properly inform the planning process; A report on the potential construction impacts,including noise,dust,road and traffic disruption,implications for public health,placement of construction vehicles and materials,safety-related issues including road,property and personal,effect on existing infrastructure including the ability of roads and subsurface utilities facilities to handle weight and volume of construction vehicles without damage;and quality of life effects on the neighbourhood;and BE IT FURTHER RESOLVED THAT the next Public Planning meeting be held once this information has been provided first at a Council meeting;and BE IT FURTHER RESOLVED THAT Council,having received the aforementioned information,then make the decision on the appropriate date and time for the next Public Planning meeting concerning the Highland Gate application. Council Meeting Agenda Tuesday,November 24,2015 Motion (a)Page - 2 -56 - MOTION FOR WHICH NOTICE HAS BEEN GIVEN (November 17,2015)Councillor John Abel Date:November 24,2015 To:Mayor and Members of Council From:Councillor Abel Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph WHEREAS Aurora Council recently approved up to $15,000 for a concrete pad to permanently mount a decommissioned military Light Armoured Vehicle (LAV)at the Aurora Cenotaph;and WHEREAS this decision was made without the benefit of public engagement;and WHEREAS the public has since learning of the decision,contacted Members of Council via email,letters,and letters to the Editor,to voice their concerns;and WHEREAS the Aurora Cenotaph,like many cenotaphs throughout the province,the country,and the world is about a unique,stately and poignant monument to recognize and honour those who have sacrificed and suffered in defending our country; and WHEREAS the LAV is not a work of art,but a purpose built machine;and WHEREAS upon second reflection,the LAV may be more suitably mounted and displayed in another location in Town; NOW THEREFORE BE IT HEREBY RESOLVED THAT Council reconsider this recent decision;and BE IT FURTHER RESOLVED THAT Council direct staff to report back for Council's consideration options for locations for the display of the LAV. Council Meeting Agenda Tuesday,November 24,2015 Motion (b)Page -1 -57 - MOTION FOR WHICH NOTICE HAS BEEN GIVEN (November 17,2015)Councillor John Abel Date:November 24,2015 To:Mayor and Members of Council From:Councillor Abel Re:Regional GO Transit Shuttle WHEREAS the Aurora GO station has a commuter parking building and surface lot,and those facilities are full almost every business day;and WHEREAS GO Transit commuters often park at the Town Park and on local residential streets;and WHEREAS the Town wants to restrict GO Transit commuter parking at the Town Park; and WHEREAS the number of cars in the very congested Wellington Corridor around the GO station will likely increase;and WHEREAS commuters should be encouraged to use T ransit to get to the GO station and refrain from driving their cars to eliminate traffic congestion and greenhouse gas emissions;and WHEREAS the Province of Ontario has recently announced an increase in Provincial Gas Tax contributions to municipalities exclusively for transit initiatives,with the Region of York receiving an additional $15 million;and WHEREAS the Region of York is responsible for providing tr ansit within the Town of Aurora; NOW THEREFORE BE IT HEREBY RESOLVED THAT the Region of York ("the Region")be requested to use the increased provincial funding to develop and implement a pilot rapid,dedicated,intensified,innovative GO Station Shuttle Service,to encourage residents to use Public Transit to travel to and from the GO Statio n;and BE IT FURTHER RESOLVED THAT the Region be requested to consult with the Town of Aurora on the development of the pilot GO Station Shuttle Service;and Council Meeting Agenda Tuesday,November 24,2015 Motion (c)Page -1 -58 - Motion for Which Notice Has Been Given November 24,2015 -2 -Regional GO Transit Shuttle BE IT FURTHER RESOLVED THAT Metrolinx be requested to discourage commuters from driving to the Aurora Go Station by charging a nominal parking fee,and that revenue from the parking fees be used to fund the rapid,dedicated,intensified, innovative GO Station Shuttle Service;and BE IT FURTHER RESOLVED THAT the Region be requested to support the Town's request that Metrolinx implement a nominal parking fee for the Aurora GO Station,and that the revenue from the parking fees be used to fund the rapid,dedicated,intensified, innovative GO Station Shuttle Service. Council Meeting Agenda Tuesday,November 24,2015 Motion (c)Page -2 -59 - MOTION FOR WHICH NOTICE HAS BEEN GIVEN (November 17,2015)Councillor John Abel Date:November 24,2015 To:Mayor and Members of Council From:Councillor Abel Re:Temperance Street Cultural Precinct WHEREAS the Aurora Promenade Urban Design Strategy sets out eight overarching strategies highlighting key aspects that will shape the future of the Aurora Promenade; and WHEREAS these strategies are important “big moves”that will help achieve long-term planning and urban design objectives;and WHEREAS the establishment of a Cultural Precinct(s)is identified within the Aurora Promenade Concept Plan as a priority action and one of the key strategies for the revitalization of the downtown core;and WHEREAS the Cultural Precinct Study approved by Council in September 2015 is a specific area bounded on the east side of Yonge Street,and WHEREAS there is an area,bounded by Yonge Street to the east,Mill Street to the west,Wellington Street to the north,and Tyler Street to the south,with many significant Historic buildings and buildings of Heritage value which could be considered the Cultural Precinct West or the "Temperance Street Cultural Precinct"and could benefit from a study for the same reasons; NOW THEREFORE BE IT HEREBY RESOLVED THAT staff be directed to conduct a Request for Proposal ("RFP")to engage a design firm to establish a Vision and Conceptual Plan for the Temperance Street Cultural Precinct area;and BE IT FURTHER RESOLVED THAT the final report and conceptual plan for the Temperance Street Cultural Precinct area be presented to Council for consideration in the first quarter of 2016;and BE IT FURTHER RESOLVED THAT upon completion of the RFP process,staff report back on the outcomes and any required budget consideration. Council Meeting Agenda Tuesday,November 24,2015 Motion (d)Page -1 -60 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -1 -61 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -2 -62 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -3 -63 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -4 -64 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -5 -65 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -6 -66 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -7 -67 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -8 -68 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -9 -69 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -10 -70 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -11 -71 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -12 -72 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -13 -73 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -14 -74 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -15 -75 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -16 -76 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -17 -77 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5770-15 Page -18 -78 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5780-15 Page -1 -79 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5780-15 Page -2 -80 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5787-15 Page -1 -81 - Council Meeting Agenda Tuesday,November 24,2015 By-law No.5798-15 Page -1 -82 - TOWN OF AURORA ADDITIONAL ITEMS FOR COUNCIL MEETING Tuesday,November 24,2015 7 p.m. Council Chambers Delegation (b)Kirk Corkery,Chair of Regimental Council,The Queen’s pg.1 York Rangers Re:Motion (b)Councillor Abel;Re:Deployment of Light Armoured Vehicle (LAV)at the Aurora Cenotaph Delegation (c)Susan Walmer,Resident pg.2 Re:Motion (a)Councillor Gaertner;Re:Highland Gate Developments Inc. Reports Closed Session Item 2 –A proposed or pending acquisition or disposition of land by the Town or Local Board (section 239(2)(c)of the Municipal Act,2001); Re:Offer to Sell –Aurora Promenade Area –Verbal Update from the Director of Parks and Recreation Services DELEGATION REQUEST This Delegation Request form and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk’s office by the following deadline: 4:30 P.M.ON THE BUSINESS DAY PRIOR TO THE REQUESTED MEETING DATE COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE: SUBJECT: NAME OF SPOKESPERSON: NAME OF GROUP OR PERSON(S)BEING REPRESENTED (if applicable): BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION: PLEASE COMPLETE THE FOLLOWING: Have you been in contact with a Town staff or Council member regarding your matter of interest?YES NO IF YES,WITH WHOM?DATE: I acknowledge that the Procedural By-law permits five (5)minutes for Delegations. Legal and Legislative Services 905-727-3123 councilsecretariatstaff@aurora.ca Town of Aurora 100 John West Way,Box 1000 Aurora,ON L4G 6J1 2015 11 24 Reconsideration of the Motion to Approve the LAV for the Cenotaph Park Kirk Corkery (LCol Ret'd)-Chair of the Regimental Council Regimental Council of the Queen's York Rangers To advise Council on the criteria for placement of the proposed LAV monument. Al Downing and staff &Geoff Dawe various Additional Items for Council Meeting Tuesday,November 24,2015 Delegation (b)Page -1 -1 - Additional Items for Council Meeting Tuesday,November 24,2015 Delegation (c)Page -1 -2 -