AGENDA - General Committee - 20100504GENERAL COMM11TEE
AGENDA
NO,10-10
TUESDAY, MAY k 2010
10000 P.M.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
April 30, 2010
AURORA
TOWN OF AURORA
GENERAL COMMITTEE MEETING
AGENDA
NO. 10-10
Tuesday, May 4, 2010
7:00 p.m.
Council Chambers
Councillor Gallo in the Chair
I DECLARATIONS OF PECUNIARY INTEREST
1I APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved.
11I DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
V DELEGATIONS
Vl PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE
VII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
VIll NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS
General Committee Agenda
Tuesday, May 4, 2010
Page 2 of 5
IX CLOSED SESSION
RECOMMENDED:
THAT General Committee resolve into a Closed Session, following
adjournment, to consider:
1) Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board;
• Westhill Redevelopment Company Limited, Ontario Municipal
Board Appeal to receive additional information regarding
proceeding
(deferred from the April 13, 2010 Council meeting)
X ADJOURNMENT
General Committee Agenda
Tuesday, May 4, 2010
Page 3 of 5
AGENDA ITEMS
1. CLS10-010 - 2010 Municipal Election By-laws pg. 1
RECOMMENDED:
THAT the draft by-laws to provide for Advance Voting Days and Reduced
Hours of Voting in Nursing/Retirement Homes in the forthcoming
Municipal Elections be approved.
2. IES10-018 - Award of Tenders: pg. 6
• IES2010-06 — Reconstruction of Nisbet Drive and Sandusky Cres.
• IES2010-07 — Reconstruction of Kemano Road, Sioux Gate and
Foreht Crescent; and
• IES2010-08 — Reconstruction of Davis Road and Jones Court
RECOMMENDED:
THAT the Treasurer be directed to amend the budgets and funding
sources for the three projects as set out in Table H of IES10-018; and
THAT Tender IES2010-06 — Reconstruction of Nisbet Drive and Sandusky
Crescent be awarded to C. Valley Paving Ltd. at its tendered price of
$799,477.90, excluding taxes; and
THAT Tender IES2010-07 — Reconstruction of Kemano Road, Sioux Gate
and Foreht Crescent be awarded to 614128 Ontario Ltd. O/A Trisan
Construction at its tendered price of $1,480,557.80, excluding taxes; and
THAT Tender IES2010-08 — Reconstruction of Davis Road and Jones
Court be awarded to Tubro Contracting Ltd. at its tendered price of
$1,164,085.80, excluding taxes; and
THAT Council authorize the Mayor and Clerk to execute the necessary
Agreements for the reconstruction of the projects.
General Committee Agenda
Tuesday, May 4, 2010
Page 4 of 5
3. IES10-019 - Minto Communities Inc. —Agreement to pg. 17
Construct a Retaining Wall
RECOMMENDED:
THAT the Mayor and Municipal Clerk be authorized to execute an
Agreement with Minto Communities Inc. regarding the construction of a
retaining wall on Lot 4, Plan 65M-3979.
4. EAC10-001 —Water Conservation Measures pg. 31
RECOMMENDED:
THAT report EAC10-001 entitled "Water Conservation Measures" as
amended be referred to Council for its information and endorsement.
5. PL10-035 - Application for Site Plan Amendment, pg. 45
Dole Contracting Inc. (formerly Dicaro Properties)
138 Industrial Parkway North
File Number: D11-16-08(A)
RECOMMENDED:
THAT Council authorize the Mayor and Clerk to execute an amending Site
Plan Agreement between the Town of Aurora and Dole Contracting Inc.
related to the office/warehouse development located at 138 Industrial
Parkway North.
6. TSAC10-01 —Traffic Safety Advisory Committee Meeting pg. 51
RECOMMENDED:
THAT the Traffic Safety Advisory Committee Meeting minutes from the
April 14, 2010 meeting be received for information and the
recommendations contained therein be approved.
General Committee Agenda
Tuesday, May 4, 2010
Page 5 of 5
7. LSAC10-02 - Leisure Services Advisory Committee Meeting pg. 62
RECOMMENDED:
THAT the Leisure Services Advisory Committee Meeting minutes from the
April 15, 2010 meeting be received for information and the
recommendations contained therein be approved.
8. EDAC10-02 —Economic Development Advisory Committee Meeting pg. 71
RECOMMENDED;
THAT the Economic Development Advisory Committee Meeting minutes
from the April 22, 2010 meeting be received for information and the
recommendations contained therein be approved.
General Committee Agenda ITEM
May 4, 2010.
TOWN OF AURORA .
AURORA GENERAL COMMITTEE REPORT No.CLS10-010
SUBJECT: 2010 Municipal Election By-laws
FROM: John D. Leach, Director of Customer & Legislative S.ervices/Town Clerk
DATE: May 4,. 2010
RECOMMENDATION
THAT the draft by-laws to provide for Advance Voting Days and Reduced Hours of
Voting in Nursing/Retirement Homes in the forthcoming Municipal Election be
approved.
PURPOSE OF THE REPORT
The purpose of this report is to seek Council's approval for Advance Voting Days and
Hours of Voting in Nursing/Retirement Homes for the 2010 Municipal Election.
BACKGROUND
Advance Voting Days
The Municipal Elections Act, 1996 (the "Act") provides for the enactment of by-laws
governing specific components of a municipal election. For example, the Town must enact
a by-law in order to establish the dates, times, and locations of all Advance Voting Days.
In 2006 the number of voting days was increased from five (for the 2003 municipal
elections) to seven; one compulsory date and six additional advance voting days. For the
2010 municipal elections it is recommended that this schedule be maintained to provide
increased flexibility for people to vote who may not be able to attend on the regular election
day of October 25, 2010. The number. of Advance Voting Days provides a voting
opportunity for those that may not be able to vote on election day and may notwishto vote
by proxy.
It is therefore proposed that the following dates and locations be established for the 2010
Municipal Elections Advance Voting.
- 1 -
General Committee Agenda
May 4, 2010
ITEM # 1 - 2
May 4, 2010 -2- Report No. CLS10-010
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• : 2010
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Voting Hours in Nursing Homes
Although the normal voting hours on Election Day October 25, 2010 will remain at the
traditional time of 10:00 a.m. to 8:00 p.m., the Act permits reduced hours of voting for
nursing homes and retirement homes. The hours of voting as set out below, are based
upon typical voting patterns and the number of persons voting at these locations, and are
consistent with the hours that were provided in 2006. This is -a widespread practice in
municipal elections and has been followed in Aurora since the 1997 elections. It should be
noted that, although the hours of polling are reduced in these facilities, polling staff ensure
that all eligible electors residing there who wish to vote do so.
COMMENTS
As indicated in this report, the recommended actions are designed to ensure consistency
with the election process as well as compliance with the legislation. The above referenced
election requirements are being presented for Council's action so that staff may proceed
with the necessary election preparations and time frames during the upcoming summer
months.
-2-
General Committee Agenda JITEM # 9 - 3
May 4, 2010
May 4, 2010 -3- Report No. CLS10-010
ALTERNATIVE(S) TO THE RECOMENDATIONS
The implementation of the proposed by-laws are required by legislation and will ultimately
facilitate the efficiencies and effectiveness associated with the municipal election process
as it pertains to advance voting and reduced hours of voting in nursing/retirement homes.
FINANCIAL IMPLICATIONS
Costs associated with the municipal elections have been budgeted as part of the 2010
Customer & Legislative Services budget.
CONCLUSIONS
Staff recommends that Council approve the proposed Advance Voting [lays and Reduced
Hours of Voting in Nursing/Retirement Homes for the forthcoming Municipal Elections.
ATTACHMENTS
Attachment #1 — By-law 5234-10 for Advance. Voting
Attachment #2 — By-law 5235-10 for Reduced Hours of Voting
PRE -SUBMISSION REVIEW
Reviewed by Executive Leadership Team — April 8, 2010
Prepared by. Shannon Boychuk, Manager of Administration, ext. 4222
Ich Neil Garbe
Customer & Legislative Services Chief Administrative Officer
-3-
General Committee
May 4, 2010
(ITEM # 1- 41
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5235-10
BEING A BY-LAW to provide
forreduced hours of voting In
nursing and retirement
homes.
WHEREAS subsection 46(1) of theWunicipal Elections Act, 1996, S.O. 1996, c. 32,
Sched., as amended (the "Acr), provides that on voting day, voting places shall be open
for the electors to vote from 10:00 a.m. to 8:00 p.m.;
AND WHEREAS subsection 46(3) of the Actprovides that despite subsection.46(1), the
council of a local municipality may pass a by-law with respect to a voting place
described in subsection 45(7) that is only for the use of residents of the institution or
retirement home, providing.for reduced opening hours; '
AND WHEREAS the Council of The Corporation of The Town of Aurora deems it
necessary and expedlentto reduce voting hours In voting places in retirement homes or
those Institutions as described in subsection 45(7) of the Act;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT the voting places subject to reduced voting hours be and are as follows:
Voting Place
Number
Retirement Home -Voting
Places
Time
1
Willow Estate Nursing Home
10:00 a.m, to 12:00 .m.
2
Aurora Resthaven Nursing Home
2:00 p.m. to 6:00 p.m,
3
Sunrise Retirement Centre
2:00 p.m. to 5:00 p.m.
4
Park Place Manor
10:00 a.m. to 1:00 p.m.
2. THAT By-law 4778-06.A be and is hereby repealed.
3. THAT this By-law shall come into force and have full effect upon third reading.
READ A FIRST AND SECOND TIME THIS 11TH DAY OF MAY, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS 11TH'DAY OF MAY, 2010.
PHYLLIS M. MORRIS, WIAYOR
JOHN D. LEACH, TOWN CLERK
_ � Anymuedasm9o+m '
y S
s
General Committee
May 4, 2010
ITEM # 1-5
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5234-10
BEING A BY-LAW to
provide for advance voting
prior to voting day in the
Town of Aurora.,
WHEREAS section 5 of the Municipal Elections Act, 1996, 5.0.1996, c. 32, Sched., as
amended (the "Act'), provides that The Corporation of the Town of Aurora shall hold a
regular election on the voting day of Monday, October 25, 2010;
AND WHEREAS subsection 43(1) of the Act provides that, at least 30 days before
voting day, the Council of a local municipality shall pass a by-law.establishing one or
more dates for an advance vo e, and the hours during which voting places shall be open
on that date or dates;
AND WHEREAS the Council of The Corporation of The Town of Aurora deems it
necessary and expedient to establish (a) the dates and voting places for an advance
vote; and (b) the hours during which the advance voting places shall be open;
NOW,THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
2.
3.
THAT the dates and voting places for an advance vote, and the hours during
which the advance voting places shall be open, be and are. set out a$ follows:
DATE
TIME
VOTING PLACES
Saturday, October 9, 2010
10:00 a.m.
Aurora Seniors Centre =-
to
5 Municipal Drive, Aurora
Sunday, October 10, 2010
12:00 p.m.
Aurora Seniors Centre --
to 5:00 p.m,
5 Municipal Drive Aurora
Saturday, October 16, 2010
10:00 a.m.
Aurora Seniors Centre —
to 5:00 p.m.
5 Municipal Drive, Aurora
Sunday, October 17, 2010
1.2:00 p.m.
Aurora Seniors Centre —
to 5:00 p.m.
5 Municipal Drive, Aurora
Monday, October 18, 2010
4:00 p.m. to
Aurora Seniors Centre —
8:00 P.M.
5 Municipal Drive, Aurora
Tuesday, October 19, 2010
4:00 p.m. to
Aurora Seniors Centre —
8:00 p.m.
5 Municipal Drive, Aurora
Wednesday, October 20, 2010
4:00 p.m. to
Aurora Seniors Centre —
8:00 .m.
5 Munici ai Drive, Aurora
THAT By-law 4777-06.A be and is hereby repealed;
THAT this By-law shall come into force and have full effect upon third reading. -
READ A FIRST AND SECOND TIME THIS 11 TH DAY OF MAY, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF MAY, 2010
Sintnwe6as to fora PHYLLIS M. MORRIS, MAYOR
s
5 JOHN D. LEACH, TOWN'CLERK
General Committee Agenda ITEM # 2-1
May 4, 2010
r TOWN OF AURORA
AURORA GENERAL COMMITTEE REPORT, No. IES10-018
SUBJECT: Award of Tenders:
IES2010 06 - Reconstruction of Nisbet_ Drive and Sandusky
Crescent;
• 1ES2010-07 - Reconstruction of Kemano Road, Sioux Gate and
Foreht Crescent; and
• IES2010-08 - Reconstruction of Davis Road and Jones Court.
FROM: IlmarSimanovskis, Director of Infrastructure & Environmental Services
DATE: May4, 2010
RECOMMENDATIONS
THAT the Treasurer be directed to amend the budgets and funding sources for the
three projects as set out in Table H of 1ES10-018;
THAT Tender IES2010-06 - Reconstruction of Nisbet Drive and Sandusky Crescent
be awarded to C. Valley Paving Ltd at its tendered price of $799,477.90, excluding
taxes;
THAT TenderlES2010-07- Reconstruction.of Kemano Road, Sioux Gate and Foreht
Crescentbe awarded to 614128 Ontario Ltd: O/A Trisan Construction at its tendered
price of $1,480,557.80, excluding taxes;
THAT Tender ►ES2010-08 - Reconstruction of Davis Road and Jones Court be
awarded to Tubro Contracting. Ltd, at its tendered price of $1,164,085.80, excluding
taxes; and
THAT Council authorize the Mayorand Clerk to execute the necessary Agreements
for the reconstruction of the projects.
PURPOSE OF THE REPORT
To receive Council authorization to award Tenders IES2010-06 (Reconstruction of Nisbet
Drive and Sandusky Crescent) to C. Valley Paving Ltd., IES2010-07 (Reconstruction of
Kemano Road, Sioux Gate and Foreht Crescent) to 614128 Ontario Ltd, O/A Trisan
Construction and IES2010=08 (Reconstruction of Davis Road and Jones Court) to Tubro
Contracting Ltd.
-6-
General Committee Agenda
May 4, 2010
ITEM # 2 - 2
May 4, 2010 -2- Report No. IES10-018
BACKGROUND
The reconstruction of Nisbet Drive, Sandusky Crescent; Kemano Road, Sioux Gate, Foreht
Crescent, Davis Road and Jones Court are included in the Town of Aurora 10-Year Capital
Reconstruction program for 2010 with design work having been completed in 2009.
COMMENTS
1.0 Project Description
1.1 Tender IES2010-06 - Nisbet Drive and Sandusky Crescent
Nisbet Drive and Sandusky Crescent (See Key Map — Appendix 'A') are currently
constructed with an urban cross section. The reconstruction includes replacement of
the road including granular baseand asphalt surface, curb and gutter,
improvements to the storm sewer, replacing damaged concrete sidewalk bays and
replacing the existing walkway from Sandusky Crescent to Wiles Court. A new
concrete sidewalk will also be constructed along the east side of Nisbet Drive from
the north leg of Sandusky Crescent to Fairway Drive.
1.2 Tender IES2010-07 - Kemano Road Sioux Gate and Foreht Crescent
Kemano Road, Sioux Gate and Foreht Crescent (See Key Map—Appendix'B') are
currently constructed to a rural cross section with open ditches for storm runoff
drainage. The reconstruction includes replacement of the road, installation of the
curb and gutter, storm sewers and catchbasins, A new concrete.sidewalk will also
be constructed on Kemano Roadi Sioux Gate and Foreht Crescent.
1.3 Tender IES2010-08 - Davis Road and Jones Court
Davis Road and Jones Court (See Key 'Map Appendix 'A') are currently
constructed to a rural cross section with open ditches for storm runoff drainage.
The reconstruction includes replacement of the road, installation of the curb and
gutter, storm sewers and catchbasins. A new concrete sidewalk and watermain will
also be constructed on Davis Road.
2.0 Tender Opening
2.1 Tender IES2010-06.- Nisbet Drive and Sandusky Crescent
A total of 13 companies purchased the tender documents and on March 25, 2.010,
the Tender Opening Committee received 7 tenders. One bid was rejected for non-
compliance. The following 6 tenders opened for this project with prices include: .
-7-
General Committee Agenda ITEM # 2-3
May 4, 2010
May 4, 2010 -3- Report No. IES10-018
Table A
Company Name
Total Bid Price (excluding Taxes)
1
C. Valley Paving Ltd.
$799,477.90
2
IL Duca Contracting Inc.
$832,783.00*
3
614128 Ont. Ltd. (o/a Trisan Construction)
$856,345.80*
4
Wyndale Paving Co. Ltd.
$880,798.50
5
Ashland Construction Ltd.
$923,668.50*
6
Grascan Construction Ltd.
$967,000.00
* Corrected total — Mathematical Error(s)
2.2 Tender IES2010-07 - Kemano Road: Sioux Gate and Foreht Crescent
A total of 9 companies purchased the tender documents and on March 25, 2010,
the Tender Opening Committee received 5 tenders. The following 5 tenders opened
for this project with prices include:
Table B
Company Name
Total Bid Price (excluding Taxes)
1
614128 Ont. Ltd. (o/a Trisan Construction)
$1,480,557.80*
2
Wyndale Paving Co. Ltd.
$1,490,669.90*
3
IL Duca Contracting Inc.
$1,586;489.40*
4
Ashland Construction Ltd.
5
Corm Construction Ltd.
$1,733,002.00
* Corrected total — Mathematical Error(s)
2.3 Tender IES2010-08 - Davis Road and Jones Court
A total of 12 companies purchased the tender documents and on March 25, 2010,
the Tender Opening Committee received 6 tenders. The following 6 tenders
opened for this project with prices include:
-a-
Genera! Committee Agenda ITEM # 2 - 4
May 4, 2010
May 4,.20.10 -4- Report No. IES10-018
Table C
Company Name
Total Bid Price (excluding Taxes)
1
Tubro Contracting Ltd.
$1,164,085.80*
2
Wyndale Paving Co. Ltd
$1,405,983.24*
3
IL Duca Construction
$1;414,847.73*
4
Trisan Construction
$1,447,378.1W
5
C. Valley Paving Ltd.
$1,452,424.30*
6
Barra Con Construction
$1,559,623.75*
* Corrected total — Mathematical Error(s)
The tenders were issued by the Town's Financial Services Department and advertised
according to the requirements of the Town standard purchasing procedures.
3.0 Tender Review
Verification of the tenders was undertaken by Town staff including the correction of
mathematical errors as necessary. The Total Bid Prices have been revised in accordance
with the purchasing by-law. The unit prices tendered have been used.to.determine the
correct Total Bid Price.
4.0 Project Costs
4.1 Tender IES2010-06 - Nisbet Drive and Sandusky Crescent
Project costs for the reconstruction of Nisbet Drive and Sandusky Crescent are
estimated as follows, based on the C. Valley Paving Ltd. bid:
Table D
Road
Portion
Storm
Portion
Water/Sanitary
Portion
Total
Tender Price
$651,472.90
$68;105.00
.$10,140.00
$729,717.90
Optional Extra Work
$45,148.00
$24,222.00
$390.00
$69,760.00
Taxes
$12,260.53
$4,062.49
$463.33
$16,786.35
Contract Totals
$708,881.43 .
$96,389.49
$10,993.33
$816,264.26
Geotechnical Inspection
(Under Separate P.O.)
$7,000.00
$500.00
$0.00
$7,500,00
Total
$715,881.43
$96,889.49
$10,993.33
$823,764.25
Budget Totals
$611,645.00
$82,500.00
$535,255,00
$1,229,400.00
Estimated Variance
-$104,236.43
-$14,389.49
$624,261.67
. $406,636.75
-9-
General Committee Agenda ITEM # 2 - 5
May 4, 2010
May 4, 2010 - 5 - Report No. IES10-018
4.2 Tender IES2010-07 - Kemano Road Sioux Gate and Foreht Crescent -
Project costs for the reconstruction of Kemano Road, Sioux Gate and Foreht
Crescent are estimated as follows based on the 614128 Ontario Ltd. O/A Trisan
Construction bid:
Table E
Road
Portion
Storm
Portion
Water/Sanitary
Portion
Total
Tender Price
$1,043,152.60
$342,142.00
$UQ
$1,385,294.80
Optional Extra Work
$36,894.60
$58,368.40
$0.00
$95,263.00
Taxes
$19.,008.83
$12,244.68
$0.00
$31253.51
Contract Totals
$1 099,056.23
$412,766.08
$0.00
$1,511,81.1.31
Geotech nical Inspection
(Under Separate P.O.)
$10,000.00
$2,000.00
$0.00
$12,000.00
Hydro Pole relocation
(Under Separate P.O.
$32,000.00
$32,000.00
Total
$1,141,056.23
$414,755.08
$0.00
$1,566,811.31
Budget Totals
$1,434,303.00
$290,000.00
$211,697.00
$1,936,000.00
Estimated Variance
$263,246.77
-$124 755.08
$211,697.00
$380 188.69
Included in the project costs for the reconstruction of Kemano Road, Sioux Gate
and Foreht Crescent is an estimate. of $32,000.00 from PowerStream to relocate
eight hydro poles that are affected by the proposed reconstruction.
4.3 Tender IES2010-08 - Davis Road and Jones Court
Project costs forthe reconstruction of Davis Road and Jones Court are estimated as
follows, based on the Tubro Contracting Ltd. bid:
Table F
Road Portion
Storm
Portion
Water/Sanitary.
Portion
Total
Tender Price
$588,658.80,
$193,771,00
$249,595.00
$1,032,024.80
Optional Extra Work
$48,200.00
$47,873.50
$35,987.50
$132,061.00
Taxes
$11,208.71
$8,187.41
$9,676.12
$29,072.24
Contract Totals
$648,067.61
$249,831.91
$295,258.62
$1,193,158.04
Geotechnical Inspection
(Under Separate P.O.)
$7,000.00
$2,000.00
$1,000.00
$10,000.00,
Total
$656,067.51
$251,831.91
$296,268.62
$1,203,168.04
Budget Totals
$484,965.00
$463,581.00
$700,454.00
$1,649,000.00
Estimated Variance
-$170,102.51
$211,749.09
$4.04,196.38
$446,841.96
-10-
General Committee Agenda
May Ally 2010
ITEM' # 2.6
May 4, 2010 - 6 - Report No. IES10-018
The Bidders were instructed to provide unit prices with the Provincial Sales Taxes (P.S.T.)
and shown separately. Payments for work performed before July 1, 2010 will be made
based on the unit prices including P.S.T and G.S.T. Payments for work performed after
July 1, 2010 will be made based on the unit prices (excluding P.S.T) plus H.S.T. The total
estimated value of unrecoverable tax to be paid by the Town for these contracts has been
included as taxes in the tables above.
Within these tenders, Infrastructure and Environmental Services staff has included Part G
— Optional Extra Work as provisional items that may be performed at the discretion of the
Town. The values of the Optional Extra Work are shown in the tables, above.
Also included in the above tables are estimates for the costs of material and compaction
testing which has been tendered through a separate process.but is recovered from the
projects that the work is performed under.
ALTERNATIVES) TO THE REPORT
1. Council may defer the project
2. Council may cancel the project
FINANCIAL IMPLICATIONS
1.0 Roads
Tender IES2010-06 is $104,236.43 over budget on the Roads Portion (Table D).
Tender IES201.0-08 is $170,102.51 over budget on the Roads Portion (Table F).
Tender IES2010-07 is $293,246.77 under budget on the Roads Portion (Table E).
The three projects combined are $18,907.82 under budget (Table H).
2.0 Storm Sewer
Tender IES2010-06 is $14,389.49 over budget on the Storm Sewer Portion (Table D).
Tender IES2010-07 is $124,755.68 over budget on the Storm Sewer Portion (Table E).
Tender IES2010-08 is $211,749.09 under budget on the Storm Sewer Portion (Table F).
The three projects combined are $72,604.52 under budget (Table H).
3.0 Water/Sanitary
Tender IES2010-06 is $524,261.67 under budget on the Water/Sanitary Portion (Table D).
Tender IES2010-07 is $211,697.00 under budget on the Water/Sanitary Portion (Table E).
Tender IES2010-08 is $404,195.38 under budget on the Water/Sanitary Portion (Table F).
The three projects combined are $1,140,154.05 under budget (Table H).
Funds have been allocated in the 2010 Capital Works Budget for these projects. Table G
details the funding sources for the three projects:
General Committee Agenda ITEM # 2-7
May 4, 2010
May 4, 2010 - 7 - Report No. IES10-018
Table G
Contribution
Municipal
Roads
Storm
Water &
Total
Project
from Gas
Capital
Portion
Sewers
Sanitary
Funding For
Tax
Reserve
Sub -total
Reserve
Reserve
Each Project
IES2010-06
$611,645
$611,646
$82,500
$535,255
$1,229,400
IES2010-07
$1,434,303.
$1,434,303
$290,000
$211,697
$1,936,000
IES2010-08
$484,965
$484,965
$463,581
1 $700,454
$1;649,000
Total
Combined
$2,530,913
$836,081
$1,447,406
Funding
Table H details the combined casts for the Roads, Storm Sewer and Water/Sanitary
portions of the three tenders and compares the total combined costs for each portion with
the total combined funding available.
Table H
Project
Road Portion
Storm Portion
Water/Sanitary
Total Cost For
Portion
Each Project
IES2010-06
$715,881.43
$96,889.49
$10,993.33
$823,764.25
IES2010-97
$1,141,05&23
$414,755.08
$0.00
$1,555,811,31
1ES2010-08
$655,067.51
$251,831.91
$296,258.62
$1,203,158.04
Combined
$2,612,006.17
$763,476.48
$307,251.95
$3,682,733.60
Project Cost
Totals
Total Combined
$2,630,913.00
$836,081.00
$1,447,406.00
. $4,814,400.00
Funding
Estimated
$18,907.83
$72,604.52
$1,140,154.05
$1,231,666.40
Variance
To be returned
$18,907.83.
$72,604.52
$1,140,154.05
$1,231,666.40
to source
Staff recommend that the budgets and funding be amended as in Table H, with a total of
$1,231,666.40 returned to the original source.
CONCLUSIONS
1.0 Tender IES2010-06 - Nisbet Drive and Sandusky Crescent
The tendering process is in compliance with the Town by-laws and purchasing procedures.
A total of 13 companies purchased documents and 6, compliant tenders were received.
The low tender is C. Valley Paving Ltd. at $799,477.90, excluding taxes.
-12-
General Committee Agenda
May 4, 2010
ITEM # 2 - 8
May 4, 2010 - 8 - Report No. I_ES10-018
C. Valley Paving Ltd. has successfullyperformed similar work within the Town of Aurora
including the reconstruction of Hawthorne Lane in 2008. Town staff have no concerns with
C. Valley Paving Ltd's ability to perform the work described in the contract.
In consideration of the above, it is suggested that the tender submitted by C. Valley Paving
Ltd. be accepted.
2.0 Tender IES2010-07 - Davis Road and Jones Court
The tendering process is in compliance.with theTown by-laws and purchasing procedures.
A total of 9 companies purchased documents and 5 compliant tenders were received: The
low tender is 614128 Ont. Ltd. (o/a Trisan Construction) at $1,480,557.80, excluding taxes.
.614128 Ont. Ltd. (o/a Trisan Construction) has. successfully performed similar work within
the Town of Aurora including the reconstruction of Maple Street and Fleury Street. Town
staff have no concerns. with Trisan Construction's ability to perform the work described in
the contract.
In consideration of the above, it is suggested that the tender submitted by 614128 Ont. Ltd.
(o/a Trisan Construction) be accepted.
3:0 Tender IES2010-08 - Davis Road and Jones Court
The tendering process is in compliance with the Town by-laws and purchasing procedures.
A total of 12 companies purchased documents and 6 compliant tenders were received.
The low tender is Tubro Contracting Ltd. at $1,164,085,80, excluding taxes.
Tubro Contracting Ltd. has successfully performed similar work within the Town of Aurora
including the storm sewer installation portion of the reconstruction of Richardson Drive,
Webster Drive, Lee Gate, Patrick Drive and Hutchinson Road. Town staff have no
concerns with Tubro Contracting's ability to perform the work described in the contract.
In consideration of the above, it is suggested that the tender submitted by Tubro
Contracting Ltd. be accepted.
Staff recommend that that budget and funding sources for the three projects be amended
as set out in Table H presented above.
ATTACHMENTS
• ,Appendix'A' — Key map illustrating streets to be reconstructed, Tenders IES2010-06
and IES2010-08
• Appendix 'B' — Key map illustrating streets to be reconstructed, Tender IES2010-07
-13-
General Committee Agenda ITEM# 2 - 9
May 41. 2010
May 4, 2010 - 9 - Report No. IES10-018
PRE -SUBMISSION REVIEW
Executive Leadership Team Meeting of April 21; 2010.
Prepared by. Steve Wilson, Technical Assistant - Ext 4377
mar Simi ovskis
Director, Infrastructure &
Environmental Services
Neil Garbe
Chief Administrative Officer
-14-
2-10
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Edward St.
ROADS TO BE RECONSTRUCTED
KEY PLAN SHOWING PROPOSED
ROAD RECONSTRUCTION LOCATIONS
INFRASTRUCTURE AND ENVIRONMENTAL . 15 _ DEPARTMENT IES2010-01f
2-11
"Mm"
Appendix "B"
Hill Dr.
Co land
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Centre St.
�s ROADS TO BE RECONSTRUCTED
KEY PLAN SHOWING PROPOSED
ROAD RECONSTRUCTION LOCATIONS
INFRASTRUCTURE AND ENVIRONMENT, - 16 - EPARTMENT IES2010-018
General Committee Agenda JITEM# 3-1
May 4, 2010
i TOWN OF AURORA
AURORA GENERAL COMMITTEE REPORT No. IES10-019
SUBJECT: Minto Communities Inc. Agreement to Construct a Retaining Way
FROM: limar Simanovskis; Director of Infrastructure and Environmental
Services
DATE: May 4, 2010
RECOMMENDATIONS
THAT the Mayor and Municipal Clerk be authorized to execute an Agreement* with
Minto Communities Inc. regarding the construction of a retaining wall on Lot 4, Plan
65M-3979.
PURPOSE OF THE REPORT
To provide information and seek Council approval regarding the relocation and
construction of a retaining wall from Lot 5 onto Lot 4 within the Minto Communities Inc.
development, Plan 65M-3979.
BACKGROUND
In 2007, Minto Communities Inc. (the "Developer") entered into a residential subdivision
-agreement to develop and build lots and blocks within Plan 65M-3979. This development
is a residential subdivision located east of Bayview Avenue and north of Wellington Street.
The. original master grading and drainage plan included provisions for the construction of a
retaining wall between Lots 4 and 5. Lots 4 and 5 are located northeast of the intersection
of Spring Farm Road and Usherwood Street (see Appendix "C").
The Developer who is also the Builder for Lot 4 is requesting permission from the Town to
relocate the, retaining wall entirely on Lot 4 from its approved location between Lots 4 and
5. By relocating the wall on Lot 4, a much larger amenity area will. be created for the above
mentioned lot, at the same time eliminating restrictive covenants on neighbouring Lot 5.
The purpose of this report is to provide information to Council regarding the execution of an
Agreement with the Developer for the construction of a retaining wall on Lot 4. The
Agreement will ensure that the master grading and drainage plan is amended as required,
and that the necessary restrictive covenants related to the retaining wall located on Lot 4
are registered on title.
17-
General Committee Agenda ITEM # 3 - 2
May 4, 2010
May 4, 2010 - 2 . Report No. IES10-019
This is a common practice situation dealt with at the subdivision agreement stage. The
Subdivision Agreement includes provisions for special conditions regarding the
construction of retaining walls that are 0.6 metres or greater in height for specific lots within
the plan of subdivision, including the registration of restrictive covenants to protect the
structural integrity .of the walls. However, the Subdivision Agreement for Minto
Communities Inc. does. not contain any of these same provisions with respect to the
construction of a retaining wall on Lots 4, Plan 65M-3979, hence the need for a new
Agreement.
The Agreement includes provisions regarding the following .(see Appendix "D"):
• Construction of a retaining wall of 0.6metres or greater in height on Lot 4 along the side
and rear lot line.
• Registration of restrictive covenants against the title to the property in order to protect
the structural integrity of the retaining wall on Lot 4.
That the Owner, Minto Communities Inc., agrees to include a warning clause in any
Offer of Purchase and Sale Agreement respecting Lot 4 and that the maintenance and
liability for the retaining wall located on the lands rests with the owner of the private
property and not the Town of Aurora.
Staff has reviewed and approved the individual lot grading plan for Lot 4 and the proposed
relocation of the retaining wall since it will create a much larger amenity area for the above
mentioned lot and eliminate restrictive covenants on the neighbouring Lot 5.
Appropriate fees for the construction of the wall have been received from the
Developer/Builder. Therefore, staff recommends that the proposed Agreement be
executed.
ALTERNATIVE(S) TO THE REPORT
Council may decide not to approve the relocation of the retaining wall and no
agreement will be necessary.
FINANCIAL IMPLICATIONS
There are no financial implications for the Town.
CONCLUSIONS
The Developer who is also the Builder for Lot 4 is requesting permission from the Town to
-18-
General Committee Agenda JITEM # 3. - 3
May 4, 2010
May 4,. 2010 - 3 - Report No. IES10-019
relocate a retaining wall on Lot 4 from its approved location between Lots 4 and 5. By
relocating the wall on Lot 4, a much larger amenity area will be created for the above
mentioned lot, eliminating the need for restrictive covenants on neighbouring lot 5.
Since the Subdivision Agreement for Minto Communities Inc. does not include any
provisions with respect to the construction of a retaining wall and restrictive covenants on
Lot 4, Plan 65M-3979, a new Agreement is proposed to be executed between the Town
and the Developer.
The new Agreement will include provisions for the construction of the wall on Lot 4,
establish restrictive covenants on the lot and ensure that the.maintenance and. liability for
the retaining wall is the obligation and responsibility of the private property owner and not
the Town of Aurora.
Staff recommends that the proposed Agreement be executed.
• Appendix "A" — Site Location Map
• Appendix "B" — Retaining Wall — Proposed Location on Lot 4
• Appendix "C" —'Retaining Wall Location Map — Master Drainage Plan
• Appendix "D" —Agreement
PRE -SUBMISSION REVIEW
Executive Leadership Team Meeting of April 2.1, 2010.
Prepared by: Michael Zambri, Technical Assistant, .Ext. 4360
r Sunanovskis
Director, Infrastructure &
Environmental Services
Vf Z4_�01.
Neil Garbe
Chief Administrative Officer
-19-
Genera! Committee
May
3-4
' Annendix "A"
LOCATION MAP
INFRASTRUCTURE AND ENVIRONMENTAL SERVICES
IES10-019
-20-
General Committee Agenc
may F 1010
Appendix "B"
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2.85m EASEMENT,
& 2 OF PLAN 65R
Spring Faun Road
RETAINING WALL LOCATION MAP
PROPOSED LOCATION ON LOT 4
INFRASTRUCTURE AND ENVIRONMENTAL SERVICES IES10-019
-21-
General Committee Agenda
M
IM
May 1, 2010
Appendix "C"
2m HIIGH CNNN'
Uk FENCE
4
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Elan 65R_-32d62_ .:.0;3 —
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RETAINING WALL LOCATION MAP
MASTER DRAINAGE PLAN
INFRASTRUCTURE AND ENVIRONMENTAL SERVICES IES10-019
-22-
i.
General Committee Agenda
May 45 2010
ITEM # 3 - 7
Page 1
THIS AGREEMENT made this day of 2010,
BETWEEN
THE CORPORATION OF THE TOWN OF AURORA
- and -
hereinafter referred to as the "Town"
PARTY OF THE FIRST PART
MINTO COMMUNITIES INC.
hereinafterreferred to as the "Owner"
PARTY OF THE SECOND PART
WHEREAS on the 27" day of February, 2007, the Town and Minto Communities (Toronto) Inc.
entered into a Residential Subdivision Agreement with respect to all of the Lots and Blocks on,Plan
66M-3979, Town of Aurora, Regional Municipality of York, which was registered on title as
Instrument No. YR972035 on the 16'" day of April, 2007 (hereinafter referred to as the "Subdivision;
Agreement';
AND WHEREAS on the 2e day of March, 2008, Instrument No. YR1139245, being an application
to change the registered owner name of Minte Communities (Toronto) Inc. to Minto Communities
Inc was'registered on title to Lot 4 on Plan 65M-3979, Town of Aurora, Regional Municipality of
York;
AND WHEREAS the Owner is the owner of Lot 4 on Plan 65M-3979, Town of Aurora, Regional
Municipality of York as further described onSchedule "A" attached hereto (hereinafter referred to as
the "Lands");
AND WHEREAS the Owner proposes to construct a retaining wall that is.0.6 metres or greater in
height on the Lands pursuant to the Subdivision Agreement;
AND WHEREAS the grading plans forming part of the Subdivision Agreement show the proposed
retaining wall to be located on Lots4 and 5, Plan S5M-3979, Town ofAurora, Regional Municipality
of York, and the Subdivision Agreement includes provisions for special conditions respecting the
construction of retaining walls that are 0.6 metres or greater in height for specific Lots within Plan
65M-3979, Town of Aurora, Regional Municipality of York, including the registration of restrictive
covenants to protect the structural integrity of the walls; however, the Subdivision Agreement
inadvertently does not contain any of these same provisions with respoot to the construction of a
retaining wall'gn Lots 4 and 5 on Plan 65M-3979, Town of Aurora, Regional Municipality of York;
AND WHEREAS the Owner, in order to achieve greater usability of the Lands has requested that
the Town enter into an agreementto allowthe proposed retaining wall to be relocated entirelywithin
the boundaries of the Lands in accordance with detailed lot grading plans, which plans include
recommendations for the implementation of special. conditions, Including the registration on title of
restrictive covenants;
AND WHEREAS subsection 71(1) of the Land Tkles.Act, R.S.O., 1990, c.L.5, as amended (the
"Acf) allows any person entitled to or interested in any unregistered estates, rights, interests or
equities in registered land to protect same from being Impaired by an act of the registered owner by
entering on the register such notices, cautions, inhibitions or other restrictions as are authorized by
the Act,_ ,
NOW THEREFORE in consideration of the covenants and premises herein contained and other
good and valuable consideration, the parties hereto hereby covenant and agree.with each other as
follows:
Retatnina Wail
1. a) The Owner agrees to construct a retaining wall along the side and rear yard of the
-23-
General Committee .A. genda.
May 4. 2010
ITEM # 3 - s
Page 2
Lands in accordance with the detailed engineering drawings prepared'and certified
by a. professional engineer and approved by the Director of Infrastructure &
Environmental Services for the Town, as set opt on Schedule "S" attached hereto.
b) The Owner and the Town agree that said retainingwall shall beconstructed entirelyon
the Lands and not on any public lands, and, as such, each subsequentowner of the Lands
shall be fully responsible for any and all maintenance ousts and liability of the retaining wall
located on the Lands.
Restrietive Covenants
2, The Owner agrees to register a Restrictive Covenant that includes the terms and conditions
set out on Schedule "C" attached hereto against the Otte of the Lands to the satisfaction of
the Town Solicitor. The Owner further agrees to execute and register such documents and
to do all such acts and things as are necessary to attach the said restrictions and covenants
to the title of the Lands at the sole expense of the Owner.
Notice to Purchasers
3. The Owner agrees that the following warning clause shell be Included in any Offer of
Purchase and Sale Agreements respecting the Lands:
Purchasers are advised that a retaining wall is located along the side and rearof the
property,. and that all maintenance and liability associated with the said retaining wall
shall. be the complete obligation and responsibility of the owner of the private
property and not the Town of Aurora. '
Purchasers a`(e further. advised that a Restrictive Covenant has been registered
against the bt to the proper"th respect to protection of the structural integrity of
the said retaining wall."
indemnification & Insurance
4, The Owner shall Indemnify and save harmless the Town from and against all actions, suits,
claims and demands which may be brought against or made upon the Town and from all
loss, costs, charges and expenses which may be Incurred, sustained or paid by the Town in
relation to the works to be completed on the Lands pursuant to this Agreement.
The Ownerand.the Town hereby acknowledge that evidence of goneral liability Insurance is
required to be provided to the Town until such time as the subdivision has been assumed by
the Town in accordance with the Subdivision Agreement.
Liens
5. 'The Ownerbhall Indemnify and save harmless the Town harmless from and against liability,
claims, damages or expenses due to or arising from any claim made against the Lands
where works are installed thereon pursuant to this Agreementfor all liens related to all work
done by. or on behalf of the Owner and any such liability, claims, damages or expenses
Incurred by the Town shall be paid by the Ownerto the Town forthwith upon demand; and
the Owner shall cause all registration of claims for mechanics' liens and/or certificates of
action under the Construction Lien Act, as amended, and relating to any such work done by
or on behalf of the Owner, to be discharged or vacated, as the case maybe, within three (3)
months of such registration or within three (3) months after notice from the Town.
Registration
6. a) This Agreement shall -be enforceable by and against the parties hereto, their heirs,
executors, administrators, successors, and assigns, and this Agreement and all the
covenants by the Owner herein contained shall run with the Lands for the benefit of
the Town. The Owner hereby consents to the Town registering this Agreement on
title to the Lands in a farm satisfactory to the Town Solicitor and agrees to pay any
and all costs related to said registration including, but not limited to, the Registration
Fee set out on Schedule "D" attached hereto.
c) The Owner shall obtain and register a discharge or a consent and postponement of
any encumbrance, on the Lands, with the intent that nay prior encumbrance will
-24-
General Committee,Agenda
May 4, 2010
ITEM # 3 - g
Page 3
postpone the rights or interests it may have in the Lands so that this Agreement shall
take effect as though executed and registered prior to the creation of such right or
interest of such party by the execution and registration of any mortgage or other
encumbrance creating or defining such dghis or interests. Any consent and
postponement by a mortgagee of the Lands shall be in a form and substance
satisfactoryto the Town Solicitor, and shall be provided pdorto the execution of this
Agreement by the Town and registered on title to the Lands by the Town at the sole
cost of the Owner.
Release of Anreement
The Owner may make a written request to the Town Clerk for the Town's consent for the
Owner to release thisAgreennent from the title to the Lands at the Owner's sole cost and the -
Town Clerk agrees to provide said consent upon receiving confirmation that the Owner has
completed all of the works required pursuant to this Agreement and the works required
pursuant to the Subdivision Agreement with respect to the construction of retaining wells
which are 0.6 metres or greater in height to the satisfaction of the Director of Infrastructure &
Environmental Services for the Town.
Fees
8. The OwneragreestoprovidetheTown, upon 'execution ofthisAgreementwiththe Financial
Payments and Other Costs as set out on Schedule "CN attached hereto. The Ownerfurther
agrees that it shall be solely responsible for and shall pay any and all costs associated with
this Agreement, Including any and.all costs incurred by the Town as a result of the .
registration and/or release of any other documents pertaining to this Agreement.
Notice
.9. Any notice to be given pursuant to this Agreement shall, unless otherwise specified heroin,
be delivered or sent by registered letter or facsimile transmission to fhe Owner and the Town
as follows:
Owner:
Mihto Communities Inc.
Attention: Roger Greenberg, President
427 Laurier Avenue West, Suite 300
Ottawa, Ontario, K1R 7Y2
Fax: (905) 470-3180
i9w—W,
The Corporation of the Town of Aurora
Attention; Town Clerk
Box 1000, 1 Municipal Drive
Aurora, Ontario, UG 6,11
Fax:905-726-4733
or to such other address as the Owner and the Town may respectively from time to time
appoint in writing, and any such notice, If mailed, shall be conclusively deemed to be
received -by the other party three (3) business days after the date of the mailing thereof,
postage prepaid or dated transmission of a facsimile.
Assl ng ment
10. This Agreement shall not be assigned by the Owner or its assignees without an express
written consent to assignment executed by both the Town and the assignee.
No Waiver of Defatilt
11. No condoning, excusing, overlooking or delay in acting upon by the Town of any default,
breach or non -observance by the Owner at any time or times in respect of any covenant,
provision or condition in this Agreement shall operate as a waiver of the Town's rights under
thfs Agreement in respect of any such or continuing subsequent default, breach or non-
observance and no waiver shall be inferred from or'implied by anything done or omitted by
-25-
General' Committee, Agenda
May 4, 2010
ITEM # 3 - 10
the Town except an express waiver in writing.
Entire Agroomont
Page 4
12. The Owner acknowledges that there are no coveharits, representations, warranties,
agreements or conditions, express or Implied, collateral or otherwise, forming part of or in
any way affecting or relating to this Agreement save as expressly set out or imported by
reference in this Agreement and that this Agreement constitutes the entire Agreement duly
executed by the Town and the Owner.
Severabilu
13. If any clause or clauses or part or parts of clauses in ttiis. Agreement be illegal or
unenforceable, they shall be considered separate and severable from the Agreement and
the remaining provisions of the Agreement shall remain in full force and effect and shall be
binding upon the parties hereto as though the said clause or clauses or,part or parts of
clauses had never been included.
Interpretation
14: Whenever a word Importing the singular number only is used in this Agreement, such word
shall Include the plural and words importing either gender Include the masculine, feminine,
and neuter.
IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals attested by the
hands of their respective proper officers duly authorized In that bahatf.
MINTO COMMUNITIES INC.
.
per:
Name: Ro Ga" '
Title: VA6154w Nm apec�os+r
Name: 'tio6e0t Ursewoa 4. -
Title: C•s.'.0.
(I/We have the authority to bind the Corporation)
THE CORPORATION OF THE TOWN
OFAURORA
. Rppnwed" to Fo m
c.
Phyllis M. Morris, Mayor
s
John D. Leach, Town Clerk
- 26 -
General Committee.Agenda STEM # 3 - 11
May 4, 2090
Page 6
SCHEDULE"A"
DESCRIPTION OF LANDS
All. and singular that certain parcel or tract of tend and premises situate, lying and being In. the
Town of Aurora, In the Regional Municipality of York, and being composed of,.
Lot 4 on Plan 66M-3979
- 27 -
General Committee.ggenda .
May 4, 2010
ITEM # 3 - 12
Rage 6
SCHEDULE"B"
SCHEDULE OF CONSTRUCTION DATES, ESTIMATED COSTS OF CONSTRUCTION,
LIST OF PLANS AND SPECIFICATIONS
1) Schedule of Construction Dates of Works
The Owner agrees to complete all works set out herein within thirty-six (36) months of the
data of this Agreement.
2) Summary of Estimated Costs of Construction of Works
a) Retaining Wall System and miscellaneous items as per Stanteo
Consulting Ltd. cost estimates dated November 2, 2009 $ 25,596.00
SUB -TOTAL $ 25,596.00
b) Contingencies/Engineering Fees (15%) $ 3,839.40
TOTAL $ 29,435.40
TOTAL (rounded) $ 29,400.00
3) Detailed Plans and Specigdations for the Retaining Wall Installation
'The Plans shall form part of this Schedule and are listed as follows:
Number Firm Date/Revised (Engineer Stamped)
501. Stantec Consulting Ltd. January 8, 2007/November 10, 2009
ON13500 Cover Peto MacCallum Ltd. June 16, 2009/June 18, 2009
ON13509 Sheet 1 Peto MacCailum Ltd. June 16, 2009/August 5, 2009
ON13509 Sheet 2A Palo MacCallum Ltd. June 16, 2009/November 3, 2009
ON13609 Sheet 28 Peto MacCallum Ltd. June 16,2009/November 3, 2009.
ON13609 Sheet 3 Peto MacCallUrn Ltd. June 16, 2009/June 18, 2009 .
ON13509 Sheet 4 Peto MacCallum Ltd. June 16, 2009/June 18, 2009
-28-
General Committee, Agenda
May 4, 2010
ITEM #. 3 - 13
Page 7
SCHEDULE"C"
RESTRICTIVE COVENANTS
The following restrictions shall apply to Lot 4 on Piao'65M-3979, Town of Aurora, Regional
Munlclpality.ofYork:
1) no in-gro und structures including building foundations and pools shall be constructed
or permitted to be erected or constructed, or excavated or earth extracted for any
purpose. such as tree planting and landscaping on the restricted portion of Lot 4,
Plan 65M-3979, designated as Part 1 on Reference Plan 65R-32062; and
2) no above -ground structures Including above -ground pools or accessory structures
such as, but not limited to, garden sheds, gazebos or hot tubs shall be erected or
constructed or permitted to be erected or constructed on the restricted portion of Lot
4,- Plan 65M-3979, designated as Parts 1 and 2 on Reference Plan 65R-32062.
This Restrictive Covenant shall run with the lands described herein and shall be binding upon their
owners, and their owners' successors and.assigns.
This Restrictive Covenant shall enure to the benefit of The Corporation of the Town of Aurora and
shall not be withdrawn, altered or modified except with the consent In writing of the Town Clerk of
The Corporation of the Town of Aurora.
. 29 -
General Committee -4Tgpnda
May 4, 2010
SCHEDULE"D"
FINANCIAL:PAYMENTS AND OTHER COSTS
FEES
a) AdminlstraGon:Fee
b) Registration Fee
c) Engineering Fee — Total (4% of $29,400.00)
TOTAL FEES AND RECOVERIES
(payable on execution)
ITEM # 3 - 14
Page 8
AMOUNT
$1,315.00
$ 1M00
$1,178.00
$2,667.00
30
General Committee Agenda JITEM # 4 - 1
May 4, ,
.:::::::'::::;';
A.U*0"
EXTRACT FROM GENERAL COMMITTEE MEETING NO. 10-08
HELD ON TUESDAY, APRIL 20, 2010 & ADOPTED AT
COUNCIL ON TUESDAY, APRIL 27, 2010
IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
10. EAC10-04 - Environmental Advisory Committee Meeting Minutes of April 1, 2010
General Committee recommends:
THAT the Environmental Advisory Committee Meeting minutes from the April 1,
2010 meeting be received for information and the recommendations contained
therein be approved.
CARRIED
-31-
Committee Agenda
EM #\4-2
May 4,
1.
1�I1:R:t�RA
EXTRACT FROM ENVIRONMENTAL ADVISORY COMMITTEE
MEETING NO.10-04
HELD ON THURSDAY, APRIL 1, 2010
EAC10-001 -Water Conservation Measures
Moved by CouncillorMacEachern Seconded by Councillor Gaertner
THAT staff be directed to request the Ministry of the Environment to provide a list
of the permits issued to take water in the Town of Aurora.
CARRIED
Moved by Susan Walmer Seconded by Gordon Barnes
THAT report EAC10-001 entitled "Water Conservation Measures", be received as
information; and
THAT recommendation No. 3 and 8 set out in the "Comments" section of report
EAC10-001 be amended as follows:
Item 3: That the municipality investigate implementing a by-law to be included in
all future subdivision agreements that prohibit the laying of sod within new
subdivisions between June 9'st and September 15th; and
• Item 8: That the municipality not sell bulk water during water restrictions or bans.
CARRIED
Moved by Susan Walmer Seconded by Gordon Barnes
THAT report EAC10-001 entitled "Water Conservation Measures" as
amended be referred to Council for its information and endorsement, and
THAT it be recommended to Council that the Water Conservation report and all
supporting documents be forwarded to York Region to be considered as input
into the Long Term Water Conservation Plan (LTWCP).
CARRIED
-32-
General Committee Agenda ITEM # 4 - 3
May 4, 201.0%� 'OWN OF AURORA
AU1Z0112A Environmental Advisory Committee Re ort No. EAC10-001
SUBJECT: Water Conservation Measures
FROM: llmar Simanovskis, Director of Infrastructure and Environmental.
Services.
DATE: May 4, 2010
RECOMMENDATIONS
THAT the EAC report No.EAC10-001 entitled "Water Conservation Measures" be
referred to Council for their information and endorsement.
THAT it be .recommended to Council that the Water Conservation report and all
supporting documents go to York Region to be.considered as input into their Long
Tenn Water Conservation Plan (LTWCP).
THAT staff be directed. to request the Ministry of the -Environment to provide a list of.
the permits issued to take water in the Town of Aurora.
PURPOSE OF THE REPORT
To report back to committee regarding Water Conservation from Thurs September 4; 2008
EAC meeting request.
BACKGROUND
On September 4, 2008, delegate Ms. Rebecca Beaton submitted a recommendation on
water use and restrictions. The following is an excerpt from EAC meeting No. 08-07.
"THAT it be recommended to Council that the following recommendations be referred to
Director of Public Works to be addressed at the York Region Water Use By -Law Review
Committee:
That all properties in Aurora, including commercial, industrial and institutional be
included in the Town's water restriction by-law and Stage Two by-law and that golf
courses be looked at closely to ensure that only the necessary areas are exempt
from the water restrictions;
2. That under the Ontario Water Resources Act (O.Reg. 387/04, Section 7), all Permit
To Take Water applications within York Region be placed on the Town's printed
"Notice Board" and the Town's web site for public comment;
-33-
General p Wp#pj& Ele Agenda - 2 - .Report No. E 4
May 4, 20N That the municipality investigate implementing a by-law to be included in all future
subdivision agreements that prohibits the laying of sod within new subdivisions
between May 15th and September 151h;
4.. That the MOE provide the municipality with yearly data reports on the volume of
waterextracted by permit holders within York Region (O.Reg. 387/04, Section 9(1),
(2) and (3)) and that the municipality publish these reports;
5. That the municipality determine the number of water taking permits that are
currently issued, the companies and the total amount of water that has been
approved for permits within York Region;
6.. That all new building applications and permits account for water allocation;
7. That the municipality request that the Region report back on the feasibility and
future implementation for grey water usage within the Region;
8. That the municipality not sell water during water restrictions or bans;
9. That the municipality's "Waste and Recycling" web site be updated to incorporate,
but not be limited to the EAC web site, the Region's "Water for Tomorrow" program,
aquifer levels; average household water consumption, rainfall levels and stats;
10. That the municipality and Region implement 'a process whereby all residential
.homeowners can seek appropriate marginal relief from water bans and/or
restrictions due to physical limitations or to preserve and save any material asset on
their property without penalty'or fine; and
THAT it be recommended to Council that the. Director of Public Works be requested to
provide a report back to Committee regarding this matter."
Atthe EAC meeting Thursday, February 4th, 2010, recommendation 3was modified to.read
"That the municipality investigates implementing -a by-law to be included in all future
subdivision agreements that prohibit the laying of sod within new subdivisions between
June 15th and September 15t"." Recommendation 10 was also modified to read "That the
municipality. implement a process whereby all residential homeowners can seek
appropriate marginal relief from water bans and/or restrictions due to physical limitations or
to preserve and save any material asset on their property without penalty or fine."
At the EAC meeting on Thursday, April 1't, 2010, recommendation 3 was further modified
to read "That the municipality investigate implementing a by-lawto be included in all future
subdivision agreements that prohibit the laying of sod within new subdivisions between
June 1st and September 151h." Recommendation 8 was also changed to read "That the
municipality not sell bulk water to contractors during water restrictions or bans."
Ms. Rebecca Beaton provided the following supporting documents:
-34-
General 9ap#p2&l0e Agenda - 3 - Report No. E ina# 4 - 5
May 4, 2@SugrQnmary of supporting documentation:
Ontario Water Hazard — Ecojustice Report
Investigation into nine York Regional golf courses and their. Permits To Take Water
(PTTW). Report summarizes the inconsistencies with the PTTWs and the Ministry of the
Environment. Showcases the flaws in the PTTVV system and demonstrates the -lack of
complete and accurate data on local aquifer levels.
Media Releases
Several York Region articles reporting on water usage Stage 1 advisories and Stage 2
bans and their implications during the summer months of 2007.
Extracts from Environmental Registry
Examples of pending PTTW applications within the York Region.
Ministryofthe Environment —Technical Guidance Documentfor Hydrogeological Studies
In Support of Category 3 Applications for Permit to Take Water
Provides guidance in conducting hydrogeological studies for PTTW. applications.
Compendium to the Final Water Taking and Transfer Regulation (Ontario Regulation
387104) Outlines the changes in the older Water Taking and Transfer Regulation (O.Reg.
285/99) to the new. regulation (O. Reg. 387/04).
1. That All properties in Aurora, including commercial, industrial and institutional be
included.in the Town's water restriction by-law and Stage Two by-law and that golf
courses be looked at closely to ensure. that only the necessary areas are, exempt
from the water restrictions.
Staff support this recommendation and will proceed with the necessary work to revise the
current by-law to incorporate this requirement. To insure that the intent is understood and
supported by the affected sectors, staff recornmends that open house meetings are held to
inform the stake holders of their inclusion in the Water restrictions by-law and. solicit
feedback on the, proposal.
2. That under the Ontario Water Resources Act (O.Reg. 387104, Section 7), all Permit
To Take Water applications within York Region be placed on the Town's printed
"Notice Board" and the Town's web site for public comment.
O.Reg. 387/04, Section 7 requires that the Director is required to give notice of an
.application to both the upper tier and lower tier municipality as well as the local
conservation authority. In addition, PTTW applications are posted on the Environmental
Registry for public viewing.
-35-
General.pleV*p26rdb Agenda -4- Report No. E 1ff*D# 4 - 6
May 4, 2?g9espond to this request, if is recommended that a Permit to Take Water section is
established on the Town's website to provide PTTW status information for Aurora. .
Information on this new web content can be provided on -the notice board to direct the
public. Staff will update website information as PTTW application notices are received from
the ministry. The following is a link to the Environmental Bill of Rights website with
instructions on accessing PTTW applications:
(Select "permit to take water" from the "instrument" box for approved applications and
click "proposal" under the notices box to see the applications that have not been
approved yet.)
3. That the municipality investigates implementing a by-law to be included in all
future subdivision agreements that prohibit the laying of sod within new
subdivisions between June Vt and September 1$th
The Town of Newmarket currently has a similar condition in their conservation by-law. Staff
recommends investigating Newmarket and explore including similar wording in our
subdivision agreements, as well as revisions to the by-law.
4. That the MOE provide the municipality with yearly data reports on.the volume of
water extracted by permit holders within York Region (O.Reg. 387164, Section 9(1),
(2) and (3)) and that the municipality publish these reports..&
5. That the municipality determines the number of water taking permits .that are
currently issued; the companies and. the total amount of water that has been
approved for permits within York Region..
The Region has responsibility for water taking for only Municipal purposes and to
monitor their extractions. The Town does not have the resources to commit to this
request and would only be duplicating efforts already being made by the Province,
Region and Conservation Authorities. Information can be found at:
hftp:/A,vww.en6.ciov:on.ca/envision/water/pttw.htm
6. That all new (building)1 development applications and permits account for water
allocation.
This is being done, by the Region,. based on available water supply as well as matched
sewage capacity and is publicly reported on an annual basis through council endorsed
capacity allocation reports.
7. That the municipality request that the Region report back on the feasibility and
future implementation for grey water usage within the Region.
Grey water comprises of recycling wastewater that arises from washing dishes, bathing,
laundry, etc. to be used .primarily for irrigation purposes. Fifty to eighty percent of
residential waste water has the possibility of being recycled into grey water. York Region
will be addressing this recommendation in its Long Term Water conservation plan
-36-
General jQl@pgpjtft9 Agenda - 5 - Report No. EAMA# 4 - 7
May 45 2 MCP),
�CP), which they will start developing in .2010. Public consultation as well as
communications with MOE will be necessary elements to developing this LTWC plan. The
responsibility of sewage treatment is with York Region and cannot be performed in whole
or part by the municipality.
8. That the municipality not sell bulk water to contractors during water restrictions
or bans.
For clarity, an explanation of water restriction types and criteria follows: A stage one water
restriction is considered an advisory whereas a stage two water restriction is considered a
ban. These occur when water reservoir levels (water towers) are below 70% and 50%
respectively. To address this item staff recommend referring to the Municipal Act, item 86
section 1, which states that it is the municipality's obligation to supply water to the residents
and businesses of Aurora. Therefore the Municipality does not have the right to withhold
water from residences or businesses regardless of the reservoir levels.
Municipal Act
.Mandatory supply
86. 1 Despite section 19., a municipality shall supply a building with a water or
sewage public utility if, .
(a) the building lies along a supply line of the municipality for the public utility;
(b) in the case of a water public utility, there is a sufficient supply of water for the
building;
9. That the municipality's "Waste and Recycling" web page be updated to
incorporate, but not be. limited to the EAC web site, the Region's "Water for
Tomorrow" program, aquifer levels, average household water consumption,
rainfall levels and scats.
Staff recommend to incorporate the following links to the Town.website where feasible:
EAC web site — http://www.e-aurora.ca/aurora/index e.aspx?CategorylD=84
Region's "Water for Tomorrow" program — http://www.water€ortomorrow.ca/en/
Rainfall levels & statistics —
Regarding aquiferlevels, the Region publishes a Drinking Water System Summary Report
(DWSSR) annually, mandated under Schedule 22 of the MOE's Drinking Water Systems
Ontario regulation (O.Reg. 170/03). The Region's DWSSR is forwarded to Aurora's
Director of Infrastructure and Environmental Services within the Environmental Services
Committee Report every year in. March. The report provides the following information:
• Rated capacity and flow rates approved by each permit to take water approval.
• Quantities and flow rates of water supplied,
• Monthly average, maximum daily flow and daily instantaneous peak flow rates.
• Legislative requirements under the Safe Drinking WaferAcf 2002.
• Provincial Officer Orders the system failed to meet and related corrective actions.
-37-
General I2Apilf tine Agenda. - 6 - Report No. E V0EU# 4 - 8
May 4, 2Korhat the municipality implement a process whereby all residential homeowners
can seek appropriate. marginal relief from water bans and/or restrictions due to
physical limitations or to preserve and save any material asset on their property
without penalty or fine.
This recommendation is already allowed for in by-law, please see appendix B, schedule "A"
item (f).
ALTERNATIVE(S) TO THE RECOMMENDATION
1. To adopt only specified numbered items.
FINANCIAL IMPLICATIONS
To be determined depending on the recommendation(s) that proceed(s) to Council.
CONCLUSIONS
We would like to thank Ms. Rebecca Beaton for researching the supporting material that
was included and we hope that this report satisfactorily addresses her recommendations.
Many of the water conservation/restriction recommendations that are contained within the
back ground portion of this report will be able to be addressed by eitherthe Town of Aurora
or York Region. Items 1,2,3,9 and 10 will be looked after by the Town of Aurora. Items 4, 5,
6 and 7 are being looked after by York Region. This leaves only item 8 which cannot be
addressed since it contradicts the obligations of the Town of Aurora under the Municipal
Act.
In a recent meeting with RegionaL representatives,. it has come to our attention that there
will not.be.a unified water restrictions by-law created for the Regional municipalities since it
was deemed to be within the municipal mandate to enforce. We have recently obtained
support by the Town's By-law enforcement Dept. to ,update this By-law to include
commercial, industrial [ands and golf courses (within our authority under the Municipal Act)
according to these recommendations. Staff recommends thatAurora's water restriction by-
law should be updated to meet the current needs of our community. We no longer need to
wait for a joint effort to accomplish this:
ATTACHMENTS
Appendix "A"— York Region Principles for Consideration — Municipal Summer Water
Conservation By-law
Appendix "B" - Water Restrictions By-law for the Town of Aurora
Prepared by. Christina Nagy -Oh, Manager of Environmental lnitiati s - Ext.4382
Iffnar.Shii ovskis Neil Garbe
Director, Infrastructure & Chief Administrative Officer
Environmental Services
Pile Path SAPublic Works\Records\CO3 Committee Reports\CO3-ADM-121 Committee Report8t2010
-38-
General Committee Agenda APPENDIX "A"
May 4y 2010
Ar I�^RI'� 1�^
/ �Vl
ITEM # 4 - 9
:V)
Environmental Services Department
Environmental Promotion and Protection
Principles for Consideration
Municipal Summer Water Conservation By-law
Over the past few years we've been listening to the residents and municipal staff in York
Region. We're hearing that people want a change in the summer water -use by-laws.
The by-laws.across the Region should be. the same and they should address the real
needs of our lawns and. gardens.
After reviewing our own by-laws and the. bylaws of other Ontario municipalities we have
come up with the foliowing.goals and principles for a new Summer Water Conservation
by law.
We need your input. What do you. think is important for summer water conservation?
Your input is important in getting us all closer to achieving a comprehensive summer
water conservation by-law.
What's next? After consultation with yourselves and others the principles will be
finalized. Ideas for implementation will be summarized and a plan developed.
Please provide your comments to Tracey Carrigan — tracey.carrigan(cayork.ca by
December 31, 2008.
Goals:
• Reduce peak summer water demand
• All municipal summer water use by-laws in York Region are the same
• By-laws encourage healthy lawns and gardens by not over watering
• Recreational uses are exempt from all by-laws
• Wasting water is addressed in all by-laws
General Principles
• Effective dates —June 1 to September 1
• Applies to all residential and industrial, commercial and institutional, and
municipal outdoor water use serviced by a municipal water system
a. Includes'parks, municipal grounds, boulevards etc
b. Includes timed irrigation systems
• Wasting Water included in the by-law and is defined as:
1
-39-
General Committee Agenda
May 4, 2010
ITEM # 4 - 10
a.. Permitting an irrigation system to run during the rain
b. Permitting water to pool or run off any lawn, garden, or other outside plant
c. Directing water onto a paved surface, including driveways, sidewalks or
roadways during irrigation
d. Operating a fountain or pond without re -circulating water .
e. Washing a vehicle, deck or the outside of a building with the hose that is
not equipped with a shut-off nozzle
f.. Use of flowing water instead of dry sweeping to remove loose debris from
a residential driveway
g. Failing to repair controllable leaks from broken sprinkler heads, leaking
valves, leaking or broken pipes or leaking faucets
Municipalities urged to prevent wasting water during watermain flushing through
approaches such as:
a. Employing computer -sequenced system of preventive flushing. It will
insure that each section of water pipe receives a brief flush regularly
enough that larger flushes won't be necessary to solve chlorine residual
problems
b. Capture the water for other uses such as to water parks, public spaces,
new developments required for landscaping
Healthy Lawns .
• Once per week outdoor lawn watering
a. Between the hours of6 a.m. to 9 a.m. and 7 p.m. to 10 p.m.
b. Based on address
• Restrictions, on placement of newsod
a. No sod placement during the months of July and August unless alternate
water source used — should.this be extended to include June?
b. Encourage alternatives to sod -- seeding in spring and fall
• Hand-held containers such as watering cans are permitted any day
• New sod or seed can be watered for up to two weeks following the planting
between the hours of 6 a.m. to 9 a.m. and 7 p.m. to 10 p.m. (OMAFRA
recommendation watering 2-3 times per week for two weeks for 2 weeks)
Healthy Gardens
• Odd/even days watering for trees, shrubs and gardens 6 a.m. tog a.m. and 7
P.M. to 10 p.m.— watering from a handheld can always permitted
• Residents may water new trees or shrubs during installation for 24 hours
following the planting.
2
-40-
General Committee Agenda
May 4,.2010
ITEM # 4 - 11
Encourage Recreation
• Odd/even days for filling swimming pools
• Exemption for all-weather playing fields, if failure to water will result in a
permanent loss of plant material or adversely affect public health — water
•
between the hours of 6 a.m. to 9 a.m..and 7 p,m. to 10 p.m.
• Exemption for Splash pads and other municipal recreational uses
• Exemption for Residential recreational uses (children playing in the sprinkler).
Allowable Exemptions
• Nurseries (Garden Cenires etc) can water product only, not grounds
• Testing and commissioning of new infrastructure —municipalities to explore
alternate uses of water for re -use
Implementation Ideas
• All local municipal by-laws revised OR Regional by-law adopted
• Public education and by-law enforcement must be included in implementation
plan
• Penalties starting at $100 for first offence and doubling for each subsequent
offence
• Other ideas?
3
-41-
General Committee Agenda APPENDIX "B"
May 41 2010
ITEM # 4 - 12
THE CORPORATION OFTHE TOWN OF AURORA
By-law Number 4420-03.E
BEING A B y-l.Aw to regulate
the supply and use of water
within the serviced area of
The Corporation of the Town
of Aurora.
WHEREAS the provisions of Section 12 of the Public Utilities Act R.S.O.1980, Chapter
423, as amended, permit municipal corporations to pass Bylaws for the regulation of the
time, manner, extent and nature of the supply of works and every other matter or thing
related to or connected therewith that may be necessary or proper to regulate, in order
to ensure a continued and abundantsupply of water;
AND WHEREAS, the Council of The Corporation of the Town of Aurora deems it
expedient to establish restrictions on the use of water in order to promote water
conservation.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
Section 1 - Definitions:'
1.1 Director
"Director" means the Director of Water and Wastewater for the Region of York.
1.2 Person .
person" includes a natural individual, corporation, association, or partnership.
1.3 .Town
"Town" means the Corporation of the Town of Aurora.
Section 2 -Standard Watering Restrictions:
2.1 No person shall use the municipal water of the Town of Aurora from a hose, pipe
sprinkler or permanent irrigation system for the purpose of watering any lawn,
garden, or the washing of vehicles, sidewalks, driveways, patios, decks and
windows or the filling of swimming pools except as follows:
(a) An even numbered address may use water outdoors only on even
numbered days of the month;
(b) An odd numbered address may use, water outdoors only on odd
numbered days of the month;
(a) Outdoor water use will only be permitted between the hours of 6:00 am
and 10 am and 6 pm and 10 pm;
(d) That these conditions be in place between May 15s' and September 3&
of each year;
(a) Exemptions to these restrictions are provided in Schedule °A" attached.
-42-
General Committee Agenda
May 4, 2010
ITEM # 4 - 13
By-law 4420-03. E -2-
Section 3 - Stage 1 Outdoor Water Use Advisory
3.1 Where the Director gives notice that a Stage 1 Outdoor Water Use Advisory is
declared, all persons will be requested to refrain from using municipal water from
a hose,.pipe, sprinkler, or permanent irrigation system for the purpose of:
(a) watering lawns and gardens;
(b) washing vehicles, sidewalks, patios, decks, windows, or driveways;
(c) filling swimming pools.
3.2 . Exemptions to the Stage 1 restrictions are provided in Schedule "A" attached.
Section 4 - Stage 2 Outdoor Water Use Ban
4.1 Where the Director gives notice that a Stage 2 Outdoor Water Use Ban is
declared, no person shall use municipal water from a hose, pipe, sprinkler, or
permanent irrigation system for the purpose of:
(a) watering lawns and gardens;
(b) washing vehicles, sidewalks, patios, decks, windows, or driveways;
(c) filling swimming pools.
. 4.2 Exemptions to the Stage 2 restrictions are provided in Schedule "A" attached.
Section 5 — Enforcement
5.1 Any person who contravenes any provision of this By-law is guilty of an offence
and is liable upon conviction, to a fine as provided for under the Provincial
Offences Act.
Section 6 -- General Provisions
6.1 This By-law. shall be referred to as the "Harmonized Watering By -few."
6.2 That By-law 4071-99.E is hereby repealed.
6.3 This By-law shall come into force upon third reading thereof.
READ A FIRST, SECOND AND THIRD TIME THIS 25v DAY OF MARCH 2O03,
T. JONES, MAYOR
B. PANIZZA, MUNICIPAL CLERK
-43-
General Committee Agenda
May 4, 2010
ITEM # 4 -14
By-law 4420-03.E
Exempted Users
-3-
SCHEDULE"A"
Exemptions and Special Cases
1. The provisions of the By-law shall not apply to persons who owns, operates or
carries on the following operations, which rely on the.steady supply and use of
water:
(a) nurseries
(b) all weather playing fields, if failure to water will result in a permanent loss of
plant material or adversely affect public safety
(c) washing exterior building surfaces, including windows, parking lots, driveways,
or sidewalks prior to the application of a product such as paint, preservative,
stucco, or the preparation of a surface prior to paving or rejoining of bricks, or
ifrequired by to comply with health and safety regulations
(d) commercial car washes and car dealerships
(e) Town operated recreational facilities
(0 other users as identified by the Town from time fo time
All Users
2. A person during a Stage 1 Advisory or Stage 2 Ban, may water flowers, shrubs,
trees or vegetables on days other than and including their designated Watering
Day, provided the watering is done using a hand-held container. .
3. A person may water new trees or'shrubs during installation and for 24 hours
following planting. Any subsequent watering -must comply with the provisions of
this By-law.
4. A person may water new sod or seed for up to one month following planting.
5. A person may refill a backyard residential pool for maintaining the integrity of the
filtering system.
-44-
General Committee.Agenda ITEM# 5 - 1
May 4, 2010
TOWN OF AURORA
AURORA GENERAL COMMITTEE No. PL10-035
SUBJECT: Application for Site Plan Amendment
Dole Contracting Inc. (formerly Dicaro Properties)
138 Industrial Parkway North
File Number. D11-16-08(A)
FROM; Marco Ramunno, Director of Planning and Development Services
DATE: May 4, 2010
RECOMMENDATIONS
THAT Council authorize the Mayor and Clerk to execute an amending Site Plan
Agreement between the Town of Aurora and Dole Contracting Inc. related to the-
office/warehouse development located at 138 Industrial Parkway North,
PURPOSE OF THE REPORT
The purpose of this report is to. advise General Committee of an amending site plan
agreement that is required for a recently approved and registered site plan, which allowed
the development of a one storey warehouse with a two storey front office at 138 Industrial
Parkway North. The amending site plan agreement is technical in nature and relates to the
construction and extension of the municipal storm sewers within the Industrial Parkway
North road allowance to service the adjacent lands to the.north.
BACKGROUND
The subject landsare located on the west side of Industrial Parkway North and north of
Scanlon Court, municipally known as 138 Industrial Parkway,North (see Figure 1). The
lands are 0,34ha (0.84 acres) in size and has a frontage of approximately 38.24 metres
(125 feet) along Industrial Parkway North.
The "surrounding land uses are as follows:
North: existing industrial lands;
South:existing industrial lands;
East: Industrial Parkway North and the Aurora Leisure Complex; and,
West: GO Transit rail lands.
Official Plan
The subject lands are designated as `Industrial' by the Town of Aurora Official Plan. This
designation permits a range of industrial uses that include warehousing and office uses.
The proposal conforms to the Official Plan.
-45-
General Committee Agenda JITEM # 5 - 2
May 4, 2010
May 4, 2010 -2- Report No. PL10-035
Zoning By-law
The subject lands are zoned "General Industrial (M2) Zone" within the Town of Aurora's
Zoning By-law 2213-78, as amended. The proposed office and warehouse use are
permitted by the zoning by-law.
PROPOSED SITE PLAN AMENDMENT
On April 14, 2009 Council approved a site plan application permitting the construction of a
1,413.53 m2 (15,215.6 ft2) one storey warehouse with a two storey front office at 138
Industrial Parkway North. A site plan agreement was subsequently executed by the Owner
and the Town and building permits were issued. During the course of construction, a storm
sewer easement, in favour of the property to the north (144 Industrial Parkway North) was
discovered. The storm sewer easement, which runs along the frontage of the subject
lands, was not identified on the approved site plan.
The Owner of 138 Industrial Parkway North (Dole Contracting Inc.) approached the Owner
of 144 Industrial Parkway North (2015276 Ontario Ltd.) and an agreement, with inputfrom
the Town, was reached between the two property owners, which allowed for construction of
the proposed building over the easement. The parties entered into an agreement with
each other, which outlined the conditions for allowing construction over the existing storm
sewer easement. It was agreed that Dole Contracting Inc. ("Dole') would engage the Town
of Aurora, at its own expense, to construct and extend the municipal storm sewers within
Industrial Parkway North as necessary to sere the lands owned by 2015276.Ontario Ltd.
("2015276"). Immediately upon completion of the construction by Dole of the new storm
sewers servicing the adjacent lands, and upon satisfactory evidence from the Town of
Aurora as to the acceptance of the.constructed storm sewers by the municipality, 2016726
agreed to release the easement registered against title to the Dole lands.
A revised site plan, identifying the existing easement registered as Instrument No.
465360E, has been submitted for review and approval (Figure 2). No changes to the site
design/layout or buildings elevations are being proposed by the Owner.
Department Comments
Town Departments including the Building and by-law Services, Infrastructure and
Environmental Services, and Legal Services have no objection to the proposed site plan
amendment.
SERVICING ALLOCATION
Not applicable.
ALTERNATIVES TO THE RECOMMENDATION:
1. Direct staff to report back to Council addressing any issues that maybe raised at the
General Committee Meeting.
-46-
General Committee Agenda JITEM #' S - 3
May 4, 2010
May 4, 2010 .3- Report No, PL10-035
FINANCIAL IMPLICATIONS
Fees and securities, if applicable, will be payable upon execution of the amending site plan,
agreement.
CONCLUSIONS
The Planning and Development Services Department has reviewed the subject amending
site plan application in accordance with the policies of the Official Plan, the provisions of
the zoning by-law and in context of the surrounding land uses. The amending site plan
agreement relates to the construction and extension of the municipal storm sewers within
Industrial Parkway North as necessary to service the adjacent lands to the north and the
release of an existing easement over the subject lands. Accordingly, staff have no
objection to the approval of site plan amendment application D11-16-08(A).
Figure 1 - Location & Zoning Plan
Figure 2—Amending Site Plan identifying existing storm sewer easement (Instrument No.
465360E)
Figure 3 — Amending Site Plan — Detailed Plan
Executive Leadership Team —April 21, 2010
Prepared .by. Sabrina Bordone, MCIP, RAP, Planner
Extension.4350
0
Marco Rathuhno, MCIP, RPP
Director of Planning and Development
Services
Neil Garbe
Chief Administrative Officer
-47-