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AGENDA - Council - 20100817AL oRA COUNCIL MEETING AGENDA N0.10-18 TUESDAY, AUGUST 11, 2010 7:00 P.mm COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE August 13, 2010 AumoizA TOWN OF AURORA COUNCIL MEETING AGENDA NO. 10-18 Tuesday, August 17, 2010 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. 111 OPEN FORUM IV ADOPTION OF MINUTES Council Minutes of Tuesday, July 13, 2010 RECOMMENDED: pg. 1 THAT the Council minutes of Tuesday, July 13, 2010 be adopted as printed and circulated. V PRESENTATIONS (a) Peter Piersol, Chair of Environmental Advisory Committee, pg. 17 and Joe Pittari, DPRA Canada Inc. Re: Item 4 — CAO10-014 — Town of Aurora's Corporate Environmental Action Plan Council Meeting Agenda Tuesday, August 17, 2010 Page 2 of 9 (b) Stephen Mak, M. Architecture Inc. Re: Item 16 — PL10-053 — Application for Site Plan Approval 2163198 Ontario Inc. (Mainstay Suites Hotel) 4 Don Hillock Drive LOT 1, PLAN 65M-3974 File: DII-06-08 V1 PUBLIC SERVICE ANNOUNCEMENT Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION IX DELEGATIONS (a) David Tsubouchi, Integrity Commissioner pg. 32 Re: Item 3 — Integrity Commissioner Reports to Council Re: Complaints #001 and #002 dated July 3, 2010 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT None XIl NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Council Meeting Agenda Tuesday, August 17, 2010 Page 3 of 9 XIII CLOSED SESSION RECOMMENDED: THAT Council resolve into a Closed Session, following adjournment, to consider: Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Appeal to the Ontario Municipal Board by Antony Malfara, Tanya Bucciol, Malina Giorgio and Stefano Bucciol (owners of the lands at 15086 — 15088 Yonge Street) against the decision of Council to enact Interim Control By-law No. 5231-10 15086, 15088, 15074 and 15064 Yonge Street; 101, 103 and 107 Temperance Street; 16 Reuben Street; and Lane as shown on Plan 39 X/V READING OF BY-LAWS RECOMMENDED: THAT the following listed By-laws be given 1 st, 2nd and 3rd readings, and enacted: 5267-10 BEING A BY-LAW to appoint two pg. 236 (2) Deputy Treasurers for the Corporation of the Town of Aurora (Report CFS10-028) 5268-10 BEING A BY-LAW to designate a property pg. 237 to be of cultural heritage value or interest (The Richardson House — 14985 Leslie Street) (HAC10-04 — June 1, 2010) 5269-10 BEING A BY-LAW to repeal By-law 5053-08.R, pg. 241 being a by-law to designate a property as being of Historical and/or Architectural value value or interest (The Blacksmith's Tree — 15278 Yonge Street) (HAC10-04 —June 1, 2010) 5272-10 BEING A BY-LAW to Confirm Actions by pg. 245 Council Resulting from Council Meeting 10-18 on August 17, 2010 XV ADJOURNMENT Council Meeting Agenda Tuesday, August 17, 2010 Page 4 of 9 AGENDA ITEMS 1. Memorandum from Mayor Morris pg. 27 Re: New Set Fine Schedule regarding the Destruction of Trees RECOMMENDED: THAT Council receive the new Set Fine Schedule. 2. Memorandum from Councillor MacEachern pg. 29 Re: Arboretum News -Summer 2010 RECOMMENDED: THAT Council receive the Arboretum News — Summer 2010. 3. Memorandum from John D. Leach, Director of Customer pg. 32 & Legislative Services/Town Clerk, and Christopher C. Cooper, Director of Legal Services/Town Solicitor Re: Integrity Commissioner Reports to Council re Complaints #001 and #002 RECOMMENDED: THAT Council receive the memorandum regarding the Integrity Commissioner Reports to Council re Complaints #001 and #002 dated July 3, 2010. 4. CAO10-014 — Town of Aurora's Corporate Environmental Action Plan pg. 50 RECOMMENDED: THAT Council receive report CAO10-014 and the attached Town of Aurora Corporate Environmental Action Plan for information; and THAT Council approve and authorize staff to implement the attached Town of Aurora Corporate Environmental Action Plan. Council Meeting Agenda Tuesday, August 17, 2010 Page 5 of 9 5. CAO10-015 — Agreement With the Region of York for Internal Audit pg. 101 Services RECOMMENDED: THAT Council receive report CAO-10-015; and THAT the Mayor and Clerk be authorized to sign the Memorandum of Understanding, attached to this report, between the Region of York and the Northern Six Municipalities for Internal Audit Services. 6. CFS10-028 —Appointment of Second Deputy Treasurer pg. 111 RECOMMENDED: THAT Wayne Church, Manager of Financial Planning, be appointed as Deputy Treasurer as permitted by Section 286(2) of the Municipal Act, 2001 S.O. 2001. c. 25 as amended; and THAT Paul Dillman, Manager of Accounting and Revenue, remain as an appointed Deputy Treasurer; and THAT By-law 5267-10 in the form of the attached draft be enacted to appoint both persons as Deputy Treasurer, and to repeal an old appointing by-law. 7. CLS10-019 — Council Attendance pg. 115 RECOMMENDED: THAT Council receive report CLS10-019. 8. CLS10-020 — Pending List pg. 123 RECOMMENDED: THAT Council receive report CLS10-020. Council Meeting Agenda Tuesday, August 17, 2010 Page 6 of 9 9. IES10-036 — Approval to Execute a Pre -servicing Agreement pg. 151 Chateaus on Bayview Phase 1 Subdivision (D12-01-1A) RECOMMENDED: THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Genview Homes to permit the servicing of the lands in Chateaus on Bayview Phase 1 Subdivision (D12-05-2A). 10. IES10-037 — Award of Request for Proposal No. IES2010-33 pg. 164 Asset Management and Work Order Management Phase 1 RECOMMENDED: THAT Request for Proposal No. IES2010-33 (the "RFP") — for the consulting services of Asset and Work Order Management Phase 1, be awarded to GHD Inc. at its bid price of $78,620 excluding taxes; and THAT the Mayor and Town Clerk be authorized to execute an Agreement with GHD Inc. for the provision of consulting services with respect to the RFP. 11. IES10-038 — Award of Tender IES2010-49 — Sidewalk Snow Plowing pg. 192 RECOMMENDED: THAT Tender No. IES2010-49 the "Supply and Operation of up to Five Contracted Sidewalk Tractors with Sander Bodies, Snow Plows, and Snow Blowers and up to Two Single Axle Trucks" be awarded to Trisan Construction at its tendered price of $120,512, plus taxes; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the contract. 12. IES10-039 — Award of Tender IES2010-05 — Street Light Maintenance pg. 195 RECOMMENDED: THAT Tender No. IES2010-05 the "Supply of all labour, material and equipment necessary for the external street lighting infrastructure maintenance be awarded to Mead Electric Inc. for the period of five years; and THAT the award for the 2010 contract year be $100,000 excluding all taxes as based on tendered unit prices; and Council Meeting Agenda Tuesday, August 17, 2010 Page 7 of 9 THAT the remaining contract years be awarded at the tendered unit prices based on the annual budget as approved by Council; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the contract. 13. IES10-040 — Funding Approval for Pavement Crack Sealing pg. 198 RECOMMENDED: THAT Council authorize the Purchase Order increase of the 2010 expenditure for pavement crack sealing from $25,000 to $125,000, plus taxes, for Contract PW2009-69 with Road Savers 2000 Ltd. 14. IES10-041 — Award of Tender No. IES2010-60 — Construction of pg. 200 Sidewalk at Wellington Street and Industrial Parkway RECOMMENDED: THAT Tender No. IES2010-60 — Construction of Sidewalk at Wellington Street and Industrial Parkway be awarded to Forest Ridge Landscaping Inc. at the tendered price of $64,930.10, excluding taxes; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project. 15. PL10-050 — Site Plan Application File No.: D11-17-08 pg. 204 Ontario Municipal Board Case No.:PL080245 Vitmont Holdings Inc. 15160 Yonge Street and 5 Tyler Street RECOMMENDED: THAT in accordance with the O.M.B. Decision dated October 20, 2009 (O.M.B. Case No.: PL080245) that approved Site Plan Application File: D11- 17-08 (Vitmont Holding Inc.), Council authorize the Mayor and the Clerk to execute a Site Plan Agreement between the Owner and the Town of Aurora; and THAT Council authorize servicing allocation for the twelve (12) residential units to be developed on the subject lands. Council Meeting Agenda Tuesday, August 17, 2010 Page 8 of 9 16. PL10-053 — Application for Site Plan Approval pg. 211 2163198 Ontario Inc. (Mainstay Suites Hotel) 4 Don Hillock Drive LOT 1, PLAN 65M-3974 File: D11-06-08 RECOMMENDED: THAT Council approve the revised building elevations for the 4 storey hotel; and THAT Council authorize the Mayor and Clerk to execute the site plan agreement. 17. PR10-030 — 2010 Community Grant Requests pg. 217 Additional Requests RECOMMENDED: THAT Council approve the 2010 Community Grant requests received from Big Brothers Big Sisters of York ($1,000.00), St. Andrew's College ($750.00) and Victim Services of York Region ($1,000.00) totalling $2,750.00. 18. EDAC10-05 — Economic Development Advisory Committee Meeting pg. 221 Minutes of July 22, 2010 RECOMMENDED: THAT the Economic Development Advisory Committee Meeting minutes of the July 22, 2010 meeting be received for information and the recommendations contained therein be approved. 19. EAC10-06 — Environmental Advisory Committee Meeting pg. 228 Minutes of July 15, 2010 RECOMMENDED: THAT the Environmental Advisory Committee Meeting minutes of the July 15, 2010 meeting be received for information and the recommendations contained therein be approved. Council Meeting Agenda Tuesday, August 17, 2010 Page 9 of 9 20. Adoption of Recommendations from Closed Session Meeting pg. 235 of July 13, 2010 RECOMMENDED: THAT the recommendations from the Closed Session meeting of Council held on July 13, 2010 regarding the following matters be approved: 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Bondfield v. The Town The Town v. Bondfield, NORR and Aveiro The Town v. Zurich 2. A proposed or pending acquisition or disposition of land for municipal or local board; Re: Proposed Lease of 215 Industrial Parkway to Department of National Defense 3. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Westhill Redevelopment Company Limited, Ontario Municipal Board Appeal Council Agenda August 17, 2010 Council Minutes -I AURORA TOWN OF AURORA COUNCIL MEETING MINUTES NO, 10-16 Council Chambers Aurora Town Hall Tuesday, July 13, 2010 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, McRoberts, and Wilson MEMBERS ABSENT Councillor Gallo OTHERATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By-law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, and Council/Committee Secretary Mayor Morris called the meeting to order at 7:05 p.m. 1 DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern stated that she did not have a pecuniary interest however she would not participate in the discussion of Items 26 and 27 as she was the member of Council that filed the complaints. It APPROVAL OFAGENDA Moved by Councillor Granger Seconded by Councillor Wilson THAT the agenda as circulated by the Customer and Legislative Services Department, be approved with the following additions: ➢ Delegation (c) Sher St. Kitts, Re: Aurora Jazz + Festival Concerns Surrounding Logistics, Operations and Safety During the Festival and Request to Waive Park Fees For July 30 and 31 ➢ Delegation (d) Klaus Wehrenberg, Re: Item 13 - IES10-035 Train Anti -Whistle — Pedestrian Gates Design ➢ Attachments to Item 2 - CAOI0-012 —Yonge Street Entryway Sign .Replacement Project Attachments: Attachment #1 —Aurora Sign Concept 1 Attachment #2 — Signtel Concept 1 Attachment #3 — Taylormade Sign Concept 1 Attachment #4 — Taylormade Sign Concept 2 -1- Council Agenda Council,. Minutes - 2 August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 2 of 16' ➢ Replacement Page 202 — Correction to "Conclusions" in bold Item 16-- PR10-028 —2010 Community Grant Requests —Additional Requests ➢ Additional Information to Item 17 PL10-046 — Zoning By -Law Amendment and Site Plan Applications Robert Colaglacomo in Trust and 1769123 Ontario Inc. 222 and 244 Wellington St. E. and 230 and 236 Wellington St. E. File Numbers: D14-01-10 and D11-11-08(A) ➢ Additional Information to Item 19 PL10-048 —Zoning By-law Amendment Application Antonio Picheca 15387 Yonge Street, Lot 15, Plan 5 File Numbers: D14-20-08 and D11-06-09 ➢ Additional Information to Items 26 and 27 Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaints #001 & #002 ➢ Additional Information to Item 29 Central York Fir@ Services — Joint Council Committee Minutes of June 29, 2010 ➢ New Item 32 - Memorandum from Mayor Morris Re: Support Request for the 10% - 2010 Contraband Objective Campaign — Letter from the Canadian Convenience Stores Association ➢ Additional Correspondence from MacDonald Associates pc, Dated July 13, 2010, Regarding Items 26 and 27 CARRIED Ill OPEN FORUM Sher St. Kitts expressed concerns regarding the upcoming Aurora Jazz Festival that will be sharing space with the Aurora Farmers Market on July 31, 2010. Ms. St. Kitts requested that Town By-laws be enforced, specifically that vehicles not be allowed in the park to ensure the safety of all In attendance. Klaus Wehrenberg requested confirmation of the Town's input regarding issues surrounding the environmental study and transportation analysis for the road widening and water main construction projects currently underway on St. John's Slderoad and Leslie Street. He urged consideration of traffic -free pedestrian crossings and continuation of the north/south trail system. Mr. Wehrenberg stated that the.connectivity of natural areas and walkable communities had been addressed in the Master Plan for over a decade, Ajoy Dhanda, a taxi driver in the Town of Aurora, expressed his concerns regarding illegal taxi cabs operating within the Town of Aurora. Mayor Morris addressed these concerns and noted that a recent public meeting with members of the taxi industry had been held and that the Town's By-law Services are now ticketing illegal cabs. The Director of Building and By-law Services noted that an enforcement strategy has been developed and is underway in partnership with York Regional Police. Robert Hayes appeared and inquired as to the membership and qualifications of those who served on the Leisure Services Advisory Committee. He stated that he wanted to discuss Mr. Tsubouchi's report and commented on the termination of Mr. Nitkln, the previous Integrity Commissioner. Mayor Morris noted that Mr. Nitkin's .2- Council Agenda_______ August 17, 2010 Council Minutes - 3 Council Meeting Minutes Tuesday, July 13, 2010 Page 3 of 16 contract was terminated prior to anyone viewing his report and that the linkage, speculation, and assumption that Mr. Nitkln was terminated because of the content of his report was very wrong. She stated that any issues outstanding prior to Mr. Nltkin's termination were to have been held in abeyance until a new Integrity Commissioner was hired. David Heard appeared on the matter of a possible moratorium on any complaints to the Integrity Commissioner. after August 1t of an election year and encouraged Council not to implement such a moratorium. IV ADOPTION OF MINUTES Council Minutes of Tuesday, June 22, 2010 Moved by Councillor Granger Seconded by Councillor McRoberts THAT the Council minutes of Tuesday, June 22, 2010 be adopted as printed and circulated. CARRIED V PRESENTATIONS None VI DELEGATIONS (a) Adrian Bulfon, Youth Councillor and Chelsea Campbell, Youth Councillor Re: Youth Councillor Inaugural Program Youth Councillor Buffon stated that he and Youth Councillor Campbell were here this evening to report back to Council and members of the community on their experience as Youth Councillors. He wanted to thank Council for the opportunity to participate and provide observations and suggestions in the Inaugural Youth Councillor Program. Youth Councillor Bulfon advised that this was a great experience. He said that the Program that was initially an experiment to engage youth to participate in the local government process should continue to encourage a new generation of leaders. Youth Councillor Campbell noted suggestions regarding the selection process, orientation, understanding process, youth councillor participation at Council, and suggestions for future Youth Councillors. She said that she would provide the details of the suggestions and recommendations to Council in written format. Moved by Councillor 14ri/son Seconded by Councillor Granger THAT the comments of the delegates be received. CARRIED (d) Klaus Wehrenberg Re: Item 13 — IES10-035 Train Anti -Whistle - Pedestrian Gates Design Mr. Wehrenberg expressed concerns regarding the pedestrian gates at the Cousins Drive crossing and urged Council to consider not only the pedestrian gates but how pedestrians would cross safely. He suggested that AECOM meet with the Town of Aurora's engineering staff to address these issues. Mr. Wehrenberg stated that in his opinion they should not be dealt with as -3. Council Agenda __ _.. . _Council Minutes - 4 August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 4 of 16 separate, isolated Issues, but together to ensure a safe pedestrian crossing at this location. Moved by Councillor Granger Seconded by Councillor Gaertner THAT the comments of the delegate be received. CARRIED Moved by Councillor MacEachem Seconded by Councillor Granger THAT Item 13 be brought forward for discussion. CARRIED 13. IES1 0-035 — Train Anti -Whistle — Pedestrian Gates Design Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council waive the purchasing by-law requirements for a competitive bid and allow sole sourcing to AECOM Canada Ltd. being the authorized consultant to Metrolinx (Go Transit) for $166,110 plus taxes for the pedestrian gate design tender document preparation and site inspection at the Town's railway crossings; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project. CARRIED VII PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris thanked Sher St. Kitts for all of her work on the Canada Day celebrations and the upcoming Aurora Jazz Festival. She also commended Shelley Ware and the Parks and Recreation Services staff for their excellent work on Canada Day. Mayor Morris congratulated the seniors who competed and were very successful at the 55+ Seniors Games. It was noted that many medals were won by these talented participants in a variety of events. Mayor Morris inquired about the use of Town buildings and facilities availability when a heat advisory has been issued. The CAO stated that all Town buildings are open and available to the public as cool -off stations. Mayor Morris congratulated to the Aurora Youth Soccer Club 1996 girl's recreation team who recently participated and won the final at an event held in Italy. They went unbeaten playing against top teams from Italy, Romania, Finland, Spain and USA. Mayor Morris expressed birthday greetings to Ada Johnson who will turn 107 years of age on July 17, 2010, and who is a relative of Councillor McRoberts. Mayor Morris advised that a certificate of congratulations will be sent out to Ms. Johnson as well. Vill DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 3, 7, 9, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 27, 29, 30 and 32 were identified as items requiring separate discussion: -4- Council Agenda Council Minutes - 5 August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 5 of 16 IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Granger Seconded by Councillor Gaertner Items 2, 4, 5, 6, 8, 10, 12, 19, 20, 21, 23, 24, 28, and 31 were identified as items not requiring separate discussion. THAT the following recommendations respecting 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: 2. CA010-012 —Yonge Street Entryway Sign Replacement Project THAT Council receive report CA010-012; and THAT Council award the contract for the installation of two entryway signs at Yonge Street and Bloomington Sideroad and Yonge Street and St. John's Sideroad to Aurora Sign Inc, at $6,075 per sign, plus applicable taxes and permit fees, as illustrated in Attachment #1; and THAT Council expand the scope of work to include the removal and replacement of one additional entryway sign located at Wellington Street and Bathurst Street and the removal and disposal of the existing entryway signs on Yonge Street at Allaura Boulevard and Orchard Heights Boulevard, respectively; and THAT Council expand the previously approved budget from $20,000 to a total of $26,000 funded from municipal capital reserve to accommodate the third sign. 4. BBS10-008 — Harmonized Sales Tax (H.S.T.) Taxicab Fares Rate Increase THAT Council approve an increase of taxicab fares found within Appendix "A" to Schedule 13 of Licensing By-law No. 4258-01.P as a result of the implementation of the Harmonized Sales Tax. 5. CFS10-026 — 2011 Budget Preparation and Draft Council Review Meeting Schedule THAT staff proceed to develop the 2011 operating and capital budgets following the general principles and directions outlined in Staff Report CFS10- 026; and THAT the proposed 2011 Budget preparation and Special General Committee review meeting schedule be received; and THAT the Town Clerk be directed to formally schedule the Special General Committee meetings for purposes of Budget Review set out in Attachment #2. 6. CFS10.027—Interim Operating Budget Forecast — as at May 31, 2010 THAT the overview of results of operations for the five -month period through to May 31, 2010 and the forecast to end of year report from Management be received. -5- Council Agenda . ....... ... ..... _...._. __. -------- August 17, 2010 Council Minutes - 6 Council Meeting Minutes Tuesday, July 13, 2010 Page 6 of 16 8. CLSIO.018 — Joint Compliance Audit Committee By-law THAT Council enact a by-law to establish a Joint Compliance Audit Committee. 10. IES10-032 — Acceptance of Municipal Services — Aurora Gardens Subdivision -- Registered Plan 66M-3222 THAT Council accept the municipal services contained within Registered 66M-3222 being Aurora Gardens Subdivision as detailed In Report No. IES10-032;and THAT Council enact By-law No. 5260-10 for the assumption of the subject municipal services; and THAT the Director of Infrastructure & Environmental Services be authorized to Issue a Certificate of Acceptance of public works for said lands as required under Section 3.12 of the Subdivision Agreement; and THAT the Treasurer be directed to release the municipal servicing securities held in relation to this part of the Aurora Gardens Subdivision. 12. IESIO.034 — Award of Tender No. IES2010-42 — Hardscaping Improvements, Library Square THAT Tender No. IES2010-42 — Hardscaping Improvements, Library Square, be awarded to Forest Ridge Landscaping Inc. at the tendered price of $108,762 plus applicable HST; and THAT the budget surplus of $27,612 be returned to source; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project. 19. PL10-048 — Zoning By-law Amendment Application Antonio Picheca 16387 Yonge Street Lot 16, Plan 6 File Numbers 1314-20.08 and D11.06-09 THAT Implementing Zoning By-law 5262-10 be enacted to amend the existing "Special Mixed Density Residential (115-12) Exception Zone" to permit a personal service shop as an additional permitted use, a reduced parking standard and site specific development standards; and THAT subject to any issues or comments raised by Council, Site Plan Application D11-06-09 be approved to permit the construction of a two -storey commercial building; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Agreement. 20. Correspondence from the Town of Whitchurch-Stouffville Re: York Region Courts for Provincial Offences — Proposed Amendments to Inter -Municipal Agreement (J00) THAT Council receive the correspondence. -6- Council Agenda Council,_ Minutes - 7 --- ....._�.. . ..... — August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 7 of 16 21. Correspondence from Bob Callow, Chair Re: Aurora Mayor's Prayer Breakfast Committee THAT the letter dated June 21, 2010 from Mr. Callow be received; and THAT the Town of Aurora Council recognize and endorse the Aurora Mayor's Prayer Breakfast taking place on November 9, 2010. 23. Memorandum from Mayor Morris Rot Letter from Aurora Chamber of Commerce regarding the 15`„ Annual Aurora Chamber Street Festival THAT the letter from the Aurora Chamber of Commerce regarding the 15`" Annual Aurora Chamber Street Festival be received. 24. Memorandum from Mayor Morris Re: Letter from Mayor R. Bonnette of the Town of Halton Hills regarding Motion: Request to Province to Coverall Appeal Costs to the Ontario Municipal Board for Growth Plan Conformity Exercises THAT the letter from Mayor R. Bonnette be received; and THAT Council endorse the recommendations regarding Motion: Request to Province to Cover All Appeal Costs to the Ontario Municipal Board for Growth Plan Conformity Exercises. 28. Memorandum from the Director of Building and By-law Services Re: OSPCA York Branch Ringworm Update THAT Council receive the memo dated July 13, 2010 regarding the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) York Branch Ringworm Update. 31. Adoption of Recommendations from Closed Session Meeting of April 27, 2010 THAT the recommendations from the Closed Session meeting of Council held on April 27, 2010 regarding the following matter be approved: 1) Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; Re: Aurora Gardens Development Corp. Ltd., Proposed Assumption by the Town of Subdivision 65M-3222. Adoption of Recommendations from Closed Session Meeting of June 15, 2010 THAT the recommendations from the Closed Session meeting of Council held on June 15, 2010 regarding the following matter be approved: 1) Labour relations or employee negotiations; Re: COPE Negotiations — Update and Direction. CARRIED .7. Council Agenda_. _ Council Minutes - 8 August 17, 2010 Council Meeting'Minutes Tuesday, July 13, 2010 Page 8 of 16 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 16. PR10-020 — Aurora Soccer Club Renewal of Lease Moved by Councillor Buck Seconded by Councillor MacEachern THAT Council authorize the Mayor and Clerk to renew the existing lease with the Aurora Soccer Club (ASC) for a further five (5) year term in accordance with section 3(2) of the existing Agreement. CARRIED UNANIMOUSLY 17. PL10-046 — Zoning By -Law Amendment and Site Plan Applications Robert Colagiacomo in Trust and 1769123 Ontario Inc. 222 and 244 Wellington St. E and 230 and 236 Wellington St E. File Numbers D14-01-10 and D11-11A8(A) Moved by Councillor Buck Seconded by Councillor Granger THAT Implementing Zoning By-law 6264-10 be enacted to rezone the subject lands from "Rural General (RU) Zone" to "Service Commercial (C3-17) Exception Zone' and to amend the lands zoned. "Service Commercial (C3-17) Exception Zone" to permit site specific commercial uses, offices, clinics and retail uses and including site specific development standards and a reduced parking standard; and THAT subject to any issues or comments raised by Council and subject to the approval of the cross easements and lot line adjustment applications as discussed In this report by the Committee of Adjustment; Site Plan Application (D11-11-08 (A)) be approved to permit the construction of two additional buildings within the existing commercial office development; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Agreement. On a recorded vote the motion CARRIED. YEAS:7 NAYS:1 .VOTING YEAS: Councillors Buck, Collins-Mrakas, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Gaertner Councillor Gallo was absent. 1. CAO10.01I — Offer to Purchase from Metrolinx (Go Transit) for Road Allowance Known as Ross Street Moved by Councillor Gaertner Seconded by Councillor Granger THAT the Offer to Purchase Agreement between the Town and Metrolinx be approved in the form attached to Report CA010-011 and that the Mayor and Clerk take all actions and execute all necessary documentation In connection with the sale of Ross Street; and THAT Council: enact By-law. 5206-10 to declare as surplus, close and sell Ross Street on Plans 17 and 68. -8- Council AWenda. _ Council Minutes - 9 August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 9 of 16 On a recorded vote the motion CARRIED. YEAS:7 NAYS:1 . VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor'Morris VOTING NAYS: Councillor Buck Councillor Gallo was absent. 3. CA010-013— Advisory Committee Accomplishments Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT report CA010-013 be received. CARRIED 7. CLS10-017 — Pending List Moved by Councillor Collins-Mrakas Seconded by Councillor Wilson, THAT Item NB78 be deleted, item completed. CARRIED Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Item NB81 be deleted, item completed. CARRIED Moved by Councillor Wilson Seconded by Councillor Granger THAT Item NB80 be deleted, item completed. CARRIED Moved by Councillor Wilson Seconded by Councillor Gaertner THAT report CLS10-017 be received as amended. CARRIED 9. IESIO.031 — Bloomington Road Reconstruction — Bathurst Street to Yonge Street— Sidewalk/Bikeway and Illumination Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Council authorize that the Regional detailed design of Bloomington Road Reconstruction be revised to delete the sidewalk, illumination, and off - road bikeway from Yonge Street to Bayview Avenue; and THAT Council authorize funding for the construction of sidewalk, off -road bikeway, and illumination on Bloomington Road between Bathurst Street and Yonge Street per Capital Project No. 31056 at a budget of $644,000; and -9. Council Agenda August 17, 2010 Council Minutes - 10 Council Meeting Minutes Tuesday, July 13, 2010 Page 10 of 16 THAT the funding of $75,000 for Capital Project No. 31038 for a needs assessment be returned to the appropriate reserve fund. CARRIED Councillor McRoberts assumed the Chair at 10:21 p.m. and relinquished the Chair to Mayor Morris at 10:27 p.m. it. IES10-033 — Funding Increase for Pavement Markings Moved by Councillor Collin-Mrakas Seconded by Councillor Wilson THAT Council authorize the increase to purchase order No. 2009-000-393 for KDN Pavement Markings Ltd. from $49,000 to $115,000 excluding taxes to extend the existing pavement marking services contract PW2009-37. CARRIED 14. LGL10-003 — Amending the Council Code of Conduct Complaint Protocol Moved by Councillor McRoberts Seconded by Councillor Granger THAT Council receive Report No. LGL10-003; and THAT Council enact By-law 5263-10, being a By-law to amend the Council Code of Conduct, to amend Part B: Formal Complaint Procedure — Integrity Commissioner; as contained within section 12 of the Council Code of Conduct (Compliance with the Code - Complaint Protocol), to provide for any formal complaints received after August 1 of an election year to be held in abeyance until the new Council is organized; and THAT the Integrity Commissioner be requested to review the adopted Code of Conduct and provide recommendations to the incoming Council. On a recorded vote the motion CARRIED. YEAS:? NAYS:1 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Buck Councillor Gallo was absent. 16. PR10-028-2010Community Grant Requests — Additional Requests Moved by Councillor Gaertner Seconded by Councillor Granger THAT the 2010 Community Grant requests received from Ms Annie Wang, the Aurora Skating Club, the Aurora Seniors Association and the Wells Street School Council be approved in the amount of $2,602.30, CARRIED Councillor Buck left the meeting at 11:10 p.m. -10- Council Agenda — August 17, 2010 Council Minutes -I I Council Meeting Minutes Tuesday, July 13, 2010 Page 11 of 16 18, PLIO-047 — Aurora Promenade Streetscape Plan and Related "Downtown — Core Area" Capital Works Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council authorize the expenditure of a maximum of $20,000 for an "Aurora Promenade Streetscape Design and Implementation Plan", to be funded from the discretionary Council contingency account, and On a recorded vote the motion CARRIED. YEAS:? NAYS:0 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: None Councillors Buck and Gallo were absent. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council 'authorize the expenditure of $30,000 for the Quick Wins initiatives and improvements in the Promenade Area to be funded from the Whitwell financial contribution. On a recorded vote the motion CARRIED. YEAS:6 NAYS:1 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas Councillors Buck and Gallo were absent. 22. Memorandum from Mayor Morris Re: Recipients of the 2010 Town of Aurora Governance Awards Moved by Councillor Gaertner Seconded by Councillor Granger THAT Council receive the Memorandum from Mayor Morris regarding Recipients of the 2010 Town of Aurora Governance Awards. CARRIED 25. Memorandum from Councillor MacEachern Re: Notice of Motion Provided at June 15, 2010 General Committee Meeting Re: Meeting Attendance Record Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council direct staff to prepare a report that reflects member attendance at all General Committee, Special General Committee, Council, Special Council and Closed Session Meetings; and THAT the report be included on the August or September 2010 Council agenda. - 11 - Council Agenda_ Council Minutes - 12 August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 12 of 16 On a recorded vote the motion CARRIED. YEAS:4 NAYS:3 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas, McRoberts and Wilson Councillors Buck and Gallo were absent. 26. Memorandum from John D. Leach, Director of Customer & Legislative Sorvices/Town Clerk Re: Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaint #001 Moved by Councillor Wilson Seconded by Councillor Gaertner THAT the Report to Council regarding Complaint #001 from Integrity Commissioner, David H. Tsubouchi, dated July 3, 2010 be deferred to the next meeting. CARRIED 27. Memorandum from John D. Leach, Director of Customer & Legislative Services/Town Clerk Re: Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaint #002 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Report to Council regarding Complaint #002 from Integrity Commissioner, David H. Tsubouchi, dated July 3, 2010 be deferred to the next meeting. CARRIED 29. Memorandum from the Manager of Legislative Services/Deputy Clerk Re: Central York Fire Services —Joint Council. Committee Minutes of June 29, 2010 Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council receive and endorse the recommendations of the Central York Fire Services Joint Council Committee. CARRIED 30. EDAC10-04 — Economic Development Advisory Committee Meeting Minutes of June 10, 2010 Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the Economic Development Advisory Committee Meeting minutes of the June 10, 2010 meeting be received. CARRIED -12- Council Agenda August 17, 2010 ___ _ . Council Minutes - 13 Council Meeting Minutes Tuesday, July 13, 2010 Page 13 of 16 32. Memorandum from Mayor Morris Re: Support Request for the 10%— 2010 Contraband Objective Campaign — Letter from the Canadian Convenience Stores Association Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Council receive the letter from the Canadian Convenience Stores Association. CARRIED XI REGIONAL REPORT York Regional Council Highlights —July 13, 2010 Mayor's Report Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the Regional Report be received. CARRIED Xll NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS Mayor Morris inquired as to when information regarding the ownership of lands located at Yonge and Wellington on the southwest corner to the Temperance Street parkette would be available as this information is required for the Downtown Revitalization Committee (Yonge & Wellington Corridor Study Steering Committee). Mayor Morris asked Council if the August 17 Council date should be changed to August 10 to accommodate those who may wish to attend the AMO Conference. Mayor Morris suggested that a Special Meeting could be called on August 10, 2010 and that the August 17 meeting could be cancelled. XIII CLOSED SESSION Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council resolve into a Closed Session, following adjournment, to consider: 1. Litigation or potential litigation, regarding the Stronach Aurora Recreation Complex, including matters before administrative tribunals, affecting the municipality or local board; Re: Bonfield v. The Town The Town v. Bondfield, NORR and Aveiro The Town v. Zurich 2. A proposed or pending acquisition or disposition of land for municipal or local board; Re: Proposed Lease of 215 Industrial Parkway to Department of National Defense 3. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Westhill Redevelopment Company Limited, Ontario Municipal Board Appeal CARRIED -13- Council Agenda.____-___„-__ _ August 17, 2010 Council Minutes - 14 Council Meeting Minutes Tuesday, July 13, 2010 Page 14 of 16 Rise and report from Closed Session 12:40 Moved by Councillor MacEachern Seconded by Councillor Wilson THAT subject to Treasury Board approval, Council authorizes the Mayor and the Town Clerk to execute the lease agreement with the Federal Government of Canada to lease 215 Industrial Parkway South based on the terms outlined in report number IES10-030 and the proposed lease agreement, provided the impact on insurance premiums and the provision of a fire security system and final inspection of property by National Defence are favourable; and THAT staff be authorized to proceed with awarding a tender for a fire security system with an upset limit of $100,000; and THAT Council approve the funding required for preparations to the facility for occupancy and operating funds as per the proposed lease agreement. On a recorded vote the motion CARRIED UNANIMOUSLY. YEAS:? NAYS:0 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: None Councillors Buck and Gallo were absent Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council receive the memorandum dated July 13, 2010 from the Director of Legal Services; and THAT Council direct the Town Solicitor to retain the services of Rodney V. Northey of Fogler, Rubinoff LLP as co -council for the purpose of the upcoming OMB appeal hearing brought by Westhill Redevelopment Company Limited. On a recorded vote the motion CARRIED'. YEAS:6 NAYS:1 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, McRoberts, Wilson, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas Councillors Buck and Gallo were absent. XIV READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5206-10 BEING A BY-LAW to declare as surplus, close and sell Ross Street to Metrolinx (Report CAOI0-011) -14- Council Agenda Council Minutes - 15 August 17, 2010 Council Meeting Minutes Tuesday, July 13, 2010 Page 16 of 16 5259-10 BEING A BY-LAW to appoint a Joint Compliance Audit Committee (Report CLS10-018) 5260-10 BEING A BY-LAW to assume above ground and below ground municipal services, to establish certain lands as highways, and to assume highways (Aurora Gardens Subdivision) (Report IES10-032) 5261-10 BEING A BY-LAW to amend Parking By-law 4574-04.T, as amended, with respect to stopping on Mavrinac Boulevard 5262-10 BEING A BY-LAW to amend Zoning By-law No. 2213-78, as amended (15387 Yonge Street) (Report PL10-048) 5263-10 BEING A BY-LAW to amend the Council Code of Conduct (as amended) (Report LGL10-003) 5264-10 BEING A BY-LAW to amend By-law 5130-09.D and Zoning By-law No. 2213-78, As amended (222, 230, 236 and 244 Wellington Street East) (ReportPL10-046) 5266-10 BEING A BY-LAW to amend the Town's Business Licensing By-law relating to Taxicab Meter Rates (Report BBS10-008) CARRIED Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the following listed confirming by-law be given 1st, 2nd and 3rd readings, and enacted: 5265-10 BEING A BY-LAW to Confirm Actions Council Resulting from Council Meeting 10-16 on July 13, 2010 CARRIED -15- Council Agenda August 17, 2010 Council Minutes - 16 Council Meeting Minutes Tuesday, July 13, 2010 Page 16 of 16 XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 12:45 a.m. CARRIED PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF COUNCIL MEETING 10-16 ARE SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, AUGUST 17, 2010. '16- Council Agenda August 17, 2010 Presentation (a) - 1 �i tillii Syr y �; -17- Council Agenda August 17, 2010 Presentation (a) - 2 Q w U N s V)0. f6 i • N E 0 aU Q) • Q LU U aj 4— aj 0 Q L • Q W U 4- 0 co E O ca U i • Q w U O O a) E v Q E • C 9 -18- Council Agenda August 17, 2010 Presentation (a) - 3 • • m -19- Council Agenda Presentation (a) - 4 August 17, 2010 _0 = IT 0 i p E •U ON N Ln a� C: -0 >O 'a N � c6 .'� � U C: o 0- .s= Ln s w L O N cn w ^ 4= i U y-- a)O L U> r Q•p.�� O Q ^ O N � N a) O ' O Q+ cOn '> � N O O E — E F- CAA U .-aO U Q c'0 — Lnn -20- Council Agenda August 17, 2010 Presentation (a) - 5 LO -21- Presentation (a) - 6 Council Agenda August 17, 2010 • • Ln O :--J m 301 -22- Council Agenda August 17, 2010 Presentation (a) - 7 m -O C N 4J +' cB t O N 4= N 0- O O OU N C: N O a)dUA U Q f0 CO a) U N .1-j -_ � f0 f0 fB 4a N -0 +CUCL + in to � N +' O L O Q -0 ca c� +, c 4-1 C: O a=+ t6 ++ 4N �_ O (B NC qp N U N L Ln U U ,� > cn C .� E i Q U U N_ ++ LO 0-U (UN a� (U Q a-.+ N E O N � N +� U U a 0-E in Q— E O U a 1 C7 Q oC • • • • • • • O a-j U f6 L Q f6 •v N +Qj-+ � L C O" L L O L L t Q L O 4O � N a) � U � v E a L Q. LM U LM c ON v p U ua E Q• •U.• • • • -23- Council Agenda August 17, 2010 Presentation (a) - 8 N N �- O O — Q� 4— U i i Q N co 4—(� M d' ca s` _ O 0.0 N C a)_ + -i-J • +-� m .0 cn U — � c� ,� cn cn E N E 4-04-J •— U s :J m -0 � J •- ° I L I a� v Ln E 4-- i • s— O bn i •� — a� w�� • 11 -24- Council Agenda August 17, 2010 Presentation (a) - 9 _0 -a U C a)'qA m -I-j (D — b.0 CU N to � O N 6-0 > C: O Q U Z) ca =3 a) �w � N O U C N 4A taA ' j O 4-- N— O a)C U i fC6 O C = fs-6 O .— O 0) C) C Q. > i N-0 4— C)S N 0- bjO � � OU N LA O U+�-j � +-' ' S - cn a)4— ECa bD O �' '0 O `n N C:= a)ca N � O a) U U E Q. C U ca fa i ca > N O N IZ IZ -0 > Ca 7 -) -25- Council Agenda August 17, 2010 Presentation (a) - 10 0 S✓ � Ln X CL m O > .tn Ln ca O S` :3 +� S` a— i✓ 'V 0 f0 N > Q] U C: C6 O U �"' .� i tl f6 � 4A i O C O w a) U a a� E 'O O m E N E o v� C fB CL U .O U 4- O U Z O fa10 bb � E w s` cn cn l�A C: O �- M -Q bD :3 -0 N O "0 (a � U C .) � • 0 • -26- Council Agenda August 17, 201� AuR®RA yerdr� iw geod corscExucy MEMORANDUM I Office of the Mayor Date: August 17, 2010 To: Members of Council and Neil Garbe, CAD From: Mayor Phyllis Morris Re: New Set Fine Schedule regarding the Destruction of Trees Attached please find the new Set Fine Schedule regarding the destruction of trees. RECOMMENDATION: THAT C�ouuncil: 10 Receive for information Phyllis M. Morris Mayor Item 1 - 1 . 27 - council Agenda August 1,7, 2010 w 0 y� �Uy s°x, ai •O W H m A 0 �i- r bA N F N d o o d � W H Item 1 - 2 . 28 - Council Agenda August 17, 2010 ,,jk AUwORA yew��ooc�y Item 2-1 MEMORANDUM I Councillor Evelina MacEachern Date: August 17, 2010 To: Mayor and Members of Council From: Councillor Evelina MacEachern Re: Arboretum News - Summer 2010 RECOMMENDATION: THAT Council: l� l Receive for information ❑ Endorse the recommendations ❑ Provide direction - 29 . Council Agenda August 17, 2010 Item 2 - 2 Summer 2010 Spring/Summer in the Arboretum Summertime can be a bit more relaxed for the Arboretum workers, when the rush of spring planting is done and we have more time to enjoy the area. This year, after our early spring, the cool rainy weather was great for the newly planted stock, and it allowed us to plant 37 additional trees. These caliper trees are much larger than the spring planting and needed to be planted with a contractor and equipment. They were primarily put in the specimen area as part of our "group plantings'; this group concentrated on maple and beech varieties. Such group plautings allow us to get a significant number of varieties and have an impact in a smaller area, both because of size and munber. Most are near mowed trails or one of the main Arboretum trails in the specimen area near Woodroof Crescent. Summer is a time requiring watering of trees and shrubs planted this year and over the last several seasons. The carpet mats we have been placing around young trees reduce water evaporation and prevent weeds growing near them, thus reducing competition for sunlight, water and nutrients. The result is higher survival rates. Approximately 550. trees and shrubs have been planted in the Arboretum this spring, and 500 seedlings moved into the nursery -for future plantings. A great deal has been accom- plished during this year's spring planting season, with the help of ACA members and vol- unteers, our community and our community partners. Thank you for your strong support! What are we working on now? Flora Aurora, Phase 2, is a key project for progress in 2010. We expect to shortly receive a detailed plan for starting the execution of this project so the ground can be prepared this year for significant planting in 2011, If all goes well we'll get some sheltering conifers planted this fall. Work is progressing on planning and preparation for a new trail in the northern end of the Arboretum. This will join the parking lot at the Canine Cormnons area with the North entrance. -30- Council Agenda August 17, 2010 Item 2 - 3 Gordon Barnes Aurora's Citizen of the Year At the 2010 Civic Awards ceremony on June 2nd, Arboretum Board member Gordon Barnes was announced as Aurora's Citizen of the Year 2010. The award as Aurora's top citizen recognizes Gordon's many contributions to the Town of Aurora. Most of us are familiar with his environmental stewardship and advocacy, including the leadership role he has played and continues to play in planning and in working in the Arboretum. Gordon `knows detail' such as having a GPS location for all specimen trees in the Arboretum. He has also been an active member of EAC, a member of Probus (and editor of their newsletter), and a grower of heritage tomatoes as well. Gordon is a man of many skills, deserving of this honour. Two other Arboretum Board members also were recognized at the Town's annual ceremony. John Clement was honoured with a 2010 Individual Outstanding Achieve- ment award, recognizing some 30 years of volunteer efforts in Aurora including the Arboretum. As Chair of ACA, Irene Clement received a group award under `Adopt a Park' on behalf of the Arboretum. Arboretum North Entrance During the Spring, members of the Aurora Garden and Horti- cultural Society planted the garden feature at the North Entrance to the Arboretum. The plants they assembled and planted will prosper with minimal care and water, in line with York Region's `Water for Tomorrow' ideas. Thank you, `Aurora Hort'! The North Entrance has gained a whole new look in the past year, with the Entrance Feature built by Home Depot, a grove of trees planted with funds from TD Canada Trust and now the completion of the garden feature. Japanese Tree Lilac, Ivory Silk The Japanese Tree Lilac `Ivory Sillc' syringes reticulate, is a small compact, A.- se, heavily flowering deciduous tree with a round or vase shaped canopy. It is suitable for growing as a specimen or boulevard tree, or under overhead obstruc- tions. Height 6-8 m (20-26') Width 4-6m (12-20') . Foliage is opposite, compound 5 leaves, deep green, ovate shaped. The bark is smooth and thin much like cherry tree bark. Flowering is heavy in June with creamy white heavily scented panicles 5-6" long. The tree's fall colouring is not significant. The tree is sold as a single standard or multi stemmed clump and it grows best in full sun and well drained soil. Ivory Silk is probably the most trouble free and tough lilac that is available. The Town of Aurora is using the Ivory Silk tree on many of its boulevard plantings. The Aurora Arboretum has five trees: one standard by the bridge west of the Town Hall (Lajimodiere), two by the gazebo — one standard (Cynthia Shelley) and one clump (Apollo Rochette); and one in Flora Aurora. -31- Council Agenda Item 3 - 1 August 17, 201/�-- Aui[toxA yowr��oacco�.ya,y MEMORANDUM Customer & Legislative Services Legal Services Date: August 17, 2010 To: Mayor Morris and Members of Council From: John D. Leach, Director of Customer & Legislative Services/Town Clerk Christopher C. Cooper, Director of Legal Services/Town Solicitor Re: Integrity Commissioner Reports to Council re Complaints #001 and #002 RECOMMENDATION: THAT this Memorandum be received for information. The purpose of this Memorandum is to respond to a question of a Member of Council, who has requested information with respect to: the placement of.the above -noted reports on the Public session Council Agenda of July 13, 2010. COMMENTS: The legislative provisions. that grant a municipality the power to establish a code of conduct for Members of the Council and to appoint an Integrity Commissioner are contained within Part VA of the Municipal.Act, 2001, which Part deals with the principles of accountability and transparency. In keeping with those principles, subsection 223.6(3) of the Municipal Act, 2001, provides as follows: (3) Publication of reports -- The municipality and each local board shall ensure that reports received from the Commissioner_ by the municipality or by the board, as the case may be, are made available to the public. While the Municipal Act, 2001 is silent as to where and when the Integrity Commissioner's reports are to be made available to the public, section 12 of the Council Code of Conduct provides as follows: 6. Report to Council (1) The Director of Customer & Legislative Services or, in his absence, the Director of Legal Services, shall process the report to the next meeting of Council. Staff has contacted. a number of municipalities to ascertain their practice. All of those contacted place reports from their Integrity Commissioner on a Public session agenda. City of Brantford, which has processed numerous such reports to Council, placed the first report only on a closed session agenda. All subsequent reports were and are to be placed on open session agendas. -32- - 33 Council Agenda August 17, 2010 Item 3 - 3 EXTRACT FROM COUNCIL MEETING NO. 10-16 HELD ON TUESDAY, JULY 13, 2010 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION' 26. Memorandum from John D. Leach, Director of Customer & Legislative Services/Town Clerk Re: Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaint #001 Moved by Councillor Wilson Seconded by Councillor Gaertner THAT the Report to Council regarding Complaint #001 from Integrity Commissioner, David H. Tsubouchi, dated July 3, 2010 be deferred to the next meeting. CARRIED EXTRACT/CORRESPONDENCE ROUTING INFORMATION External Correspondence was sent by Council Secretariat: YES NO X External Correspondence to be sent by: ACTION DEPT: CAO Building Corporate Customer& Infrastructure Legal Parks& Planning (To Director & By-law & Finance Legislative & Env(ron. Recreation & Day. & Assistant)X ACTION STAFF: (If other than above) INFO DEPT: cno Building Corporate Customer& Infrastructure Legal Parks& Planning (To Director & By-law &Finance Legislative & Environ. Recreation & Dev. & Assistant i X INFO STAFF: If other than above -34- Council Agenda August 17, 2010 Item 3 - 4 u i unve, Boxx 10001000, AT RID A Aurora, ON l2 - 631 �J j�(„(-),,. Phone: 9057273423 exl 4771 wme-nurora.ra yow�e��ao��y MEMORANDUM DATE: July 13, 2010 TO: Mayor and Members of Council Town of Aurora Customer & Legislative Services FROM:. John D. Leach, Director of Customer & Legislative ServicesfTown Clerk RE: Report to Council from Integrity Commissioner, David H. Tsubouchi THAT the Report to Council regarding Complaint #001 from Integrity Commissioner, David H..Tsubouchi dated July 3, 2010 be received. PURPOSE: Section 12, part B (Formal Complaint Procedure — Integrity Commissioner) as amended of the Council Code of Conduct requires that the Director of Customer and Legislative Services shall .process a report received from the Integrity Commissioner to the'next meeting of Council. The Report to Council from Integrity Commissioner David H. Tusbouchi dated July 13, 2010 is hereby placed before Council_ COMMENTS: Subsection 223.6(3) of the Municipal Act provides that a municipality shall ensure that reports received from an Integrity Commissioner be made available to the public. stomer & Legislative ServicesiTown Clerk At Report to Town of Aurora Council,. Re: Complaint 001 cc: Chief Administrative Officer - 35 - Council Agenda August 17, 2010 Item 3 - 5 REPORT TO TOWN OF AURORA COUNCIL Re: Complaint 001 BACKGROUND In this complaint, Councillor Evelina MacEachem alleges that Councillor Evelyn Buck breached Rule 3 of The Council Code of Conduct. The rules of the Code that were raised by Councillor Evelina MacEachem require that: Members of Council will accurately and adequately communicate the attitudes and decisions of Council, even if they disagree with the majority decision of Council. Members shall show respect for the decision making process of Council. Information coneeming adopted policies, procedures and decisions of the council shall be conveyed openly and accurately. R0 T4 STIGATION REPORT 1. On April 15, 2010, a complaint was received from Councillor Evelina MacFwhern by the Office of the Integrity Commissioner. In the request, Councillor Evelina MacEachem requested that the office of the Integrity Commissioner investigate alleged breaches of Rule 3 of The Council Code of Conduct. 2. The complaint relates to allegations of statements made by Councillor Evelyn Buck in a letter to the editor of the Auroran dated February 9, 2010 and blog postings dated February 3, 2010, February 6, 2010, February 11, 2010 and February 21, 2010. 3. On May 3, 2010 Councillor Evelyn Buck was served with the complaint. 4. The Integrity Commissioner received a response from Councillor Evelyn Buck's solicitors dated May 13, 2010 by courier on May 14, 2010. The solicitors' response did not directly address the complaint. 5. The complaint is governed by the Complaint Protocol set forward in The Council Code of "Conduct. TBE COIYTP'LAINT 6. In the complaint, Councillor Evelina MacEachem alleges that Councillor Evelyn Buck breached the Rules of the Code that require: Members of Council will accurately and adequately communicate the attitudes and decisions of Council, even if they disagree. with the majority decision of Council. Members shall show respect for the decision making process of Council. Information concerning adopted policies, procedures and decisions of the council shall be conveyed openly and accurately. -36- Council Agenda —2— Item 3 - 6 August 17, 2010 FACTS 7. The complaint relates to the approval process of the Master Recreation Plan of the Town of Aurora. 8. The Leisure Services Advisory Committee is a duly constituted committee of Aurora Council. The Leisure Services Advisory Committee makes recommendations to Council. 9. The Leisure Services Advisory. Committee was. given the responsibility to review and make recommendations for amendments to the Master Recreation Plan. . 10, The Leisure Services Advisory Committee's minutes and recommendations are approved by General Committee of Council that is composed of all members .of Council. . 11. General Committee's recommendations are then approved by Council.. 12. " On March 20, 2008; the Leisure. 'Services Advisory Committee recommended that Council retain Monteith Brown Planning Consultants to provide a Parks and Recreation Master Plan for Leisure Services-. This was endorsed by General Committee on April 15, 2008 and then by Council on April 22, 2008. 13.: On May 15, 2008 -a program overview of the work plan was presented by Monteith Brown Planning Consultants to the Leisure Services Advisoiy Committee. Recommendations were approved by General Committee on June 3,. 2008 and endorsed by .Council on June 10, 2008. 14. On August 21, 2008, Monteith Brown Planning Consultants presented their preliminary findings to the. Leisure Services Advisory Committee. Recommendations were approved by General Committee on September 2, 2008 and endorsed -by Council on September 9, 2008. 15. On. November 27, 2008 Monteith. Brown Planning Consultants presented the Needs Assessment Discussion Paper and the Leisure Services Advisory Committee recommended that. .. .. the draft Master Recreation Plan be based on the Needs Assessment Discussion Paper. Recommendations were approved by General Committee on January 13, 2009 and endorsed by Council on January 20, 2009. 1.6. On November 27, 2008 the Leisure Services Advisory Committee recommended that a Public Meeting be held on' December 11, 2008 to present the Draft Master Recreation Plan. Recommendation's were approved by General Committee on January 13, 2009 and endorsed by Council on January 20, 2009. 17. . On December 11, 2008 the Public Meeting took place. 18. January 22, 2.009 the Leisure Services Advisory Committee recommended that the draft Master Recreation Plan be placed on the February 19, 2009 Leisure Services Advisory " Committee agenda. Recommendations were approved by General Committee on February 3, 2009 and endorsed by Council on February 10, 2009: -37- Council Agenda —3— Item 3 - 7 August 17, 2010 19. On January 16, 2009 the draft Master Recreation Plan was made available on the Town's website. 20. On February 19, 2009 the draft Master Recreation Plan was referred to the March 23, 2009 Leisure Services Advisory Committee meeting. Recommendations were approved by General Committee on March 10, 2009. and endorsed by Council on March 24, 2009. 21' On March 23, 2009 a Working Group was recommended to be established to consider the result's of the public meeting and,make further recommendations to the draft Master Recreation Plan. The Working Group was to make recommendations to the Leisure Services Advisory Committee. The Leisure Services Advisory Committee would then make recommendations to Council. The names -of the proposed members of the Working Group were named in the minutes. This was endorsed by Council on April 14, 2009. 22. On September 17, 2009 the Working Group reported to the Leisure Services Advisory committee. The minutes and recommendations were endorsed by General Committee on November 3, 2009. and by Council on November 10, 2009. 23: On October 15, 2009 the new draft Master Recreation Plan that was recommended by the Working Group was recommended to Council and endorsed by General. Committee on November 3, 2009 and by Council on November 10, 2009. 24., On February 23, 2010 both the recommended draft by the Working Committee and the original draft Master Recreation Plan by the consultant were placed on the Council agenda, Council endorsed the Working Group draft. 25. On a blog dated February 3, 1026, Councillor Evelyn Buck made the following statements: "On the face of it Council had given authority for a work/study group of the Leisure Services Advisory Committee members to study the plan." (my underlining) "I learned a work/study group does just that. It allows for secrecv." (my underlining) "How then, does such a group conduct town business and -pass a resolution for an alternate Master Parks and Recreation Plan to be prepared, printed, circulated and placed on the agenda of. a Council meeting for consideration and approval?" "The answer is of course, it can not. No town business can be conducted by a work/study group." 26. . On February 11, 2010, the following statements were made on.a blog by Councillor Evelyn Buck: "No opportunity was given for questions to be asked or the public to become aware of the consultants recommendations." -38- Council Agenda —4— Item 3 = 8 August 17, 2010 "No authority was given for an alternate plan to be prepared. No committee was named. No meetings were posted..No agendas circulated. No staff attended. No records kept. No authority given for a rogue plan to be printed, circulated and recommended to council." "Only one thing I can tell you for certain, neither myself, ... were a party to the plan." 27. On February 6, 2010, the following statements were made on a blog by Councillor Evelyn Buck: "We paid $53,220 fox a consultant to prepare a Master Parks and 12eereation Plan. .We gave them their terms of reference. When it was eventually submitted, after a year and nine months, it was presented behind closed doors. and disappeared for still another year." "With no direction from Council, an alternate plan has been prepared ..." "The study carried out according to the town's terms of reference is dismissed and the Mayor makes it clear the rogue plan, created .without authority from council, is the one which. has her support." support. • . 28.. On February 21, 2010, the following statements were made on a blog by Councillor Evelyn Buck: `1` 3,222 worth of public investment, blatantly and deliberately sabotaged for political purposes with non -elected members of an advisory committee being jerked on strings in the hands of completely visible puppet masters." 29. 'The following statements were made by. Councillor Evelyn Buck in a letter to the editor in The Auroran February 2, 2010 "It spent a year under a shroud, in the tight control of a couple of individuals." ANALYSIS .30, The approval process for committees of Council is for the committee minutes and recommendations to be made generally to General Coininittee, a committee consisting of all members of Council. The General Committee then makes recommendations to Council. . 3L The Procedural By-laws of Council allow for all members of Council to attend any meetings of committees of council. A non-member cannot vote. 32. All meetings of the Leisure Services Advisory Committee, General Committee and Council are open to the public to attend. 33. All Agenda for the Leisure Services Advisory Committee; General Committee and Council are posted on the Town website and are available on the bulletin board in the lobby of the Town Hall at the Aurora Public Library, 34. All minutes of the Leisure Services Advisory Committee, General Committee and Council are provided to members of Council. -39- Councll Agenda _5_ Item 3 = 9 August 17, 2010 35. At both General Committee and Council, councillors can state their specific views and concerns at the meeting. 36. Councillor Evelina MacEachern alleges that Councillor Evelyn Buck is stating as a fact misleading information about the procedures of committees and Council that Councillor Evelyn Buck ought to know. 37. The alleged statements of Councillor Evelyn Buek'deal with lack of public disclosure and access by herself as a Councillor to both information and input during the approval process of the Master Recreation Plan. -" FINDINGS 38. Councillor Evelyn Buck had access to the process at several tithes for each stage of recommendations of the Leisure Services Advisory Committee, 39, Every councillor has the opportunity to be present at each.and every meeting of the Leisure Services Advisory Committee. 40. Every councillor has the opportunity to state his or her objections and to ask for. more information at any time at both General Council and Council. 4L The agenda and minutes were made available to Councillor Evelyn Buck. 42. The public had the opportunity to attend the meetings of the Leisure Services Advisory. Committee, General Committee and Council and at the Public meeting'. 43. The Agenda was made available to the public bothon the website and at the Town Hall and the Aurora Public Library. 44. 1 conclude that Councillor Evelyn Buck ;violated the Code of Conduct in that the Councillor Evelyn Buck 'did not "accurately and adequately communicate the attitudes and decisions of Council" and did not "show respect for the decision making process of Council" and did not convey accurately the procedures of council": 45. 1 recornmend.tbat a reprimand be issued against the Councillor Evelyn Buck. David Tsubouchi Integrity Commissioner -40- Council Agenda August 17, 2010 Item 3-10 EXTRACT FROM COUNCIL MEETING NO. 10-16 HELD ON TUESDAY, JULY 13, 2010 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 27. Memorandum from John D. Leach, Director of Customer & Legislative Services/Town Clerk Re: Report to Council from Integrity Commissioner, David H. Tsubouchi, Complaint #002 Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Report to Council regarding Complaint #002 from Integrity Commissioner, David H. Tsubouchi, dated July 3, 2010 be deferred to the next meeting. CARRIED EXTRACT/CORRESPONDENCE ROUTING INFORMATION External Correspondence was sent by Council Secretariat: YES NO X External Correspondence to be sent by: ACTION DEPT: CAO Building Corporate Customer& Infrastructure Legal Parks& Planning (To Director & By-law & Finance Legislative & Environ. Recreation & Dev. & Assistant) X ACTION STAFF: (If other than above) INFO DEPT: CAo Building Corporate Customer& Infrastructure Legal Parks& Planning (To Director & By-law & Finance Legislative & Environ. Recreation & Dev. & Assistant) X INFO STAFF: 'If other than above -41 - Council Agenda August 17, 2010 Item 3 - 11 Box 1000, Aurora, ON L4G BJ7 AURORAPhone: 905-727.3123 exL 4771 www.e-aurora.ca ,you%re•lw yno�Lcourtxucy MEMORANDUM DATE: July 13, 2010 'TO: Mayor and Members of Council Town of Aurora Customer & Legislative Services FROM: John D. Leach, Director of Customer & Legislative Serviceslrown Clerk . RE: Report to Council from Integrity Commissioner, David H. Tsubouchi RECOMMENDED: THAT the ,Report to Council regarding Complaint #002 from Integrity Commissioner, David H. Tsubouchi dated July 3, 2010 be received. PURPOSE:. Section 12, part B (Formal Complaint Procedure — Integrity Commissioner) as amended of the Council Code of Conduct requires that the Director of Customer and Legislative Services shall process a report received from the Integrity Commissioner to the next meeting of Council. The Rpoortto Council from Integrity Commissioner David H. Tusbouchi.dated July 13, 2010 is hereby placed before Council. COMMENTS: Subsection 223.6(3) of the Municipal Act provides that a municipality shall ensure that reports received from an Integrity Commissioner be made available to the public. >tomer & Legislative-Services/Town Clerk Att: Report to Town of Aurora Council, Re: Complaint 002 cc: Chief Administrative Officer - 42 - Council Agenda August 17, 2010 Item 3 - 12 REPORT TO THE TOWN OF AURORA COUNCIL Re: Complaint 002 BACKGROUND In this complaint, Councillor Evelina MacEachern alleges that Councillor Evelyn Buck breached Rule 2 Confidentiality that states: A Confidentiality - In their decision making process, Members of Council will have access, to information that may be confidential or controversial such as, but not limited to "Closed Session" meetings. Confidential Information means any information that is of a personal nature to Town employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Corporation or could give the person to whom it is disclosed an advantage Confidential information includes, but is not limited to the following information: disclosed or discussed at a Closed Session meeting of Council; that is circulated to Members of Council and marked "Confidential"; that is given verbally in confidence in preparation of or following a meeting that is closed to the public and includes, but is not limited to the following types of information: personal matters about an identifiable individual(s); information about suppliers provided for evaluation which might be useful to other suppliers; matters relating to legal affairs of the Town; sources of complaints where the identity of the complainant is given in, confidence; items under negotiations; schedules of prices in contract tenders; personal information as defined in the .Municipal Freedom of Information and Protection of Privacy Act. Members of Council shall not disclose or release by any means to any member of the public either in verbal or written form any confidential information acquired by virtue of their office except when required by law to do so. All information, documentation or deliberations received, reviewed or taken in Closed Session of Council and its committees is confidential until the matter ceases to be confidential, as determined by. Council. Members shall not permit any person other than those who are entitled thereto to have access to information that is confidential. Confidential information that is .provided to Members by the Corporation does not belong to them. It is property that belongs to the Town. -43- Council Agenda —2— Item,3 - 13 August 17, 2010 B Communications and Media Relations Councillor Evelina MacEachern also alleges that Councillor Evelyn Buck breached Rule 3, Communications and Media Relations that states that ."Confidential information will be communicated only when and after determinedby Council". Councillor Evelina MacEachern further alleges that Councillor Evelyn Buck breached Rule 7, 'Use of Town Property that states "Members way. only use Town property or services for activities connected with the discharge of official duties or associated community activities having the sanction of Council or, permitted Fy. Town policies. INVESTIGATION REPORT 1. On April 15, 2010, a complaint was received from Councillor Evelina MacEachern by -the Office of the Integrity Commissioner. In the request, Councillor Evelina MacEachern requested that the Office of the Integrity Commissioner investigate alleged breached of Rule 3 of The Council Code of Conduct. 2. The complaint relates to the use of confidential information provided to Council at a closed meeting of Council on June 16, 2009, 3. On May 3, 2010' Councillor Evelyn Buck was served with the complaint. 4. On May 14, 2010 the Office of the. Integrity Commissioner received a response from Councillor Evelyn Buck's solicitors dated May 13, 2010. S. The complaint is governed, by the Complaint Protocol set forward -in The Council Code of Conduct. THE COMPLAINT 6. In the complaint, Councillor "Evelina MacEachern alleges that Councillor Evelyn Buck breached The Rules of Code that require: A Confidentiality In their decision making process, Members of Council will have access to information that may be confidential or controversial such as, but not limited to "Closed Session" meetings. Confidential Information means any information that is of a personal nature to Town -employees or,climts or information that is Trot available to the public and that, if disclosed, could result in loss or damage to the Corporation or could give the person to whom it is disclosed an advantage . Confidential information includes, but is not limited to the following information: disclosed or discussed at a Closed Session meeting of Council; that is circulated to Members of Council and marked "Confidential"; that is given verbally in confidence in preparation of or following a meeting that is closed to the public and includes, but is not limited to the following types of information: -44- Council Agenda -3- Item 3 - 14 August 17, 2010 .. personal matters about an identifiable individual(s); information about suppliers provided for evaluation which might be useful to other suppliers; matters relating to legal affairs of the Town; sources of complaints where the identity of the complainant is given in confidence; items under negotiations; schedules of ,prices in contract tenders; personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act. Members of Council shall not disclose or release by any means to any member of the public either in verbal or written form any confidential information acquired by virtue of their office except when required by law io do so: , All information, documentation or deliberations received, reviewed or taken in Closed Session of Council and .its committees• is confidential until the matter ceases .to be confidential, as determined by Council. Members shall not permit any person other than those who'are entitled thereto to have access to information that is confidential. Confidential' information that is provided to Members by. the Corporation does not belong to them. It is property that belongs to the Town. B Communications and Media Relations Councillor Evelina MacEachern also alleges that Councillor Evelyn Buck breached Rule 3, Communications and Media Relations that states that "Confidential information will be communicated only when and after determined by Council". Councillor Evelina MacEachern further alleges that Councillor Evelyn Buck breached Rule 7, Use of Town Property that states "Members may only use Town property or services for activities connected with the discharge of official duties or associated community activities having the sanction of Council or permitted by Town policies. FACTS 7. Councillor Evelina MacEachem alleges that Confidential information of Council was disclosed by Councillor Evelyn Buck, was communicated without authorizatiop. and was used for Councillor Evelyn Buck's personal use. 8. The Agenda for the closed meeting of Council is titled "Confidential Closed Session Agenda" and is dated Tuesday, June 10, 2009. 9. The Items of Discussion describe the item as "Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; Correspondence from Mr. John Masearin of Aird and Berlis LLP, Barristers and Solicitors, Re: Internet and Weblog Publications". 10. The letter from John Mascarin of Aird and Berlis LLP dated June 16, 2009 is labelled "Privileged and Confidential". -45- Council Agenda --4— Item 3 - 15 August 17, 2010 11. The minutes of the Closed Session of Council dated June 16, 2009 record that Mr. 'Mascarin advised Councillor Evelyn Buck that Councillor Evelyn Buck may have a conflict of interest. Councillor Evelyn Buck acknowledged Mr. Mascarin's comments. . 12. The minutes also record that the subject matter.was "Advice that is subject to solicitor - client privilege, including communications necessary for that purpose; Correspondence from Mr. John Mascarin of Aird and Berlis LLP, Barristers and Solicitors, 'Re: Internet and Weblog Publications". 13. On July 21, 2009, Aurora Couneil Endorsed the recommendations from the Closed Session Meeting of June 16, 2009 with respect to "Advice that is subject to solicitor -client Privilege, including communications necessary for that purpose." . 14. On Tugsday, July 21, 2009, a Closed Session Meeting of Council was held. 15. The Agenda for the Closed Session Meeting of Council is titled "Confidential Closed Session Agenda." 16. The Items of Discussion describe the item as: "Advice -that is subject to solicitor -client privilege, including, communications necessary for that purpose; Correspondence — Opinion 'Letter dated July 16, 2009, Re: "Formal Complaint to Integrity Comrriissioner", Draft Public Statement and Closed Meeting Motion -- July 21, 200.9." 17. The letter from John Mascarin of Aird and Berlis LLP dated July 16, 2009 is labelled "Privileged and Confidential'. 18. The minutes of the Closed Session of Council dated July 21, 2009 record that the subject matter was "Advice 'that is subject to solicitor -client privilege, including communications necessary for that purpose; Correspondence— Opinion Letter dated July 16, 2009, Re: Formal Complaint to Integrity Commission; Draft Public Statement and Closed Meeting Motion.— July 21, 2009". 19. On July 21, 2009 Aurora Council approved the following: "AND FURTHER THAT a public statement from Council .related to this matter be read out in open session this evening by the Mayor, be published in both local newspapers and posted on the Town's website as of July 22, 2009; AND FURTHER THAT the legal opinion from Aird and Berlis LLP to Council dated July 16, 2009 be made public this evening and also posted on the Town's website as of July 22, 2009,- 20. A public statement was read out in Council. 21. In a report dated August 5, 2009 the then Integrity Commissioner, David Nitkin reported to Council. His decision read: "It is the decision of my Office that this statement of complaint, as is, is unacceptable and that, as is, no investigation or inquiry shall take place. The complaint is ill -formed in that -46- Council Agenda —5" Item 3 - 16 August 17, 2010 some'of its enumerated signatories have refused to sign and have indeed repudiated the use of their name. It is incomplete in that the impacts or significance of the impacts of its allegations upon the behaviour, duties, and/or reputation of councillors (or the" organization) themselves is absent. Query 008 is inappropriate in that the way in which, it was crafted, politicized and communicated may be, and be seen to be, wholly political. Explanation of this last point can be seen in the many tests'or measures of degree of political interference that were raised in my e-mail of July 30"' in direct communication to the proponents". •22. David Nitkin provides explanations to his decision in the respect to Privacy Rights: "3. Privacy Rights: Complaints should typically not be made available to the public except as required under the Municipal Freedom of Information and Protection of Privacy Act. If a complaint is made in public, the proponents effectively are able to smear or damage -the reputation of a Councillor, even if the complaint is rejected. Each and every Councillor in Aurora should within reason be presumed to be innocent until proven otherwise and, within reason, be' sheltered from unscrupulous special interest groups and political rivals looking to get at them". 23. Mr. Nitkin also refers to Confidentiality: "4. Confidentiality: Reputations"of various parties, and of Council •itself, are at issue in many complaints. For reasons of privacy and with the intent of keeping Integrity "Commissioner investigations confidential, 'other municipalities such as Hamilton insist that statements -of complaint be treated in confidence so as to not leave either the proponent or the Councillor against whom an allegation is made the perpetrator or victim of what might be seen as a tool of embarrassment or revenge'. 24. Mr. Nitkin also refers to "A. Reworked Submission or Submissions: "5. A Reworked Submission or Submissions: Should one or more of the proponents wish to submit a reconsidered and reworked application, that would be welcome." This can proceed -with or without my Office's involvement.' Two of the proponents asked to meet, and'did accept such. assistance, "arid the principles and impacts they developed could -significantly assist in furthering any such effort. insofar as this reworked complaint may be from one or more politicians (and/or one or more senior staff) against an elected official/peer, more discretion and public respect for privacy rights is encouraged". 25, Notice of Action of a Statement of Claim by Councillor Evelyn Buck was issued "on October 27, 2009 against a number of Defendants including Councillor Evelina MacEachem. 26. The Statement of Claire contains the June 16, 2009 letter from John Mascarin in its entirety. 27. The Statement of Claim states in paragraph 31: "On June 16, 2009, AB provided a legal opinion which was marked "privileged and confidential" which was provided to all members of Council, including, the Plaintiff (the "AB opinion'). The AB opinion wap discussed in the presence of the Plaintiff in a confidential closed -47- Council Agenda —6— Item 3 - 17 Autlust 17, 2010 session Council meeting. Given that the AB opinion discussed, among other• tbings, a Code complaint against the Plaintiff, the Aurora Politicians knew, or ought to have known, that the AB opinion could not be released for public consumption under any circumstances, even if privilege was waived by some of the recipients. ANALYSIS 28. The Closed Session of Council gave notice of the subject matter as stated in the Agenda. Minutes were taken of the Closed Sessions and were subsequently approved in open session by Courted, 29. The letters from John Mascarin were clearly marked "privileged and confidential". 30. Councillor Evelyn Buck's Statement of Claim also confirms that. the legal opinion was marked "privileged and confidential" and that it was discussed in a "confidential closed session Council meeting". 31. The Statement of C1aim.of.Councillor Evelyn Buck states that the "Aurora Politicians" knew or ought to have known that the AB. opinion could not be released for public consumption—" 32. The July 16, 2009. letter of John Mascarin was voted by Council to be made public. 33. The June 16, 2009 letter of John Mascarin was not approved to be released to the public. 34. The response to the complaint by Councillor Evelyn Buck's lawyers state that the subject matter of the complaint is "subsumed within the same matters complained of previously which were the subject matter of Complaint 008 dated July 22, 2609. . 35. Councillor Evelyn Buck's lawyers also state that "the Code does not provide for any right of reconsideration". 36. Councillor Evelyn Buck's lawyers also state that "political motives" are behind the new complaint. FINDINGS 1. The Closed Sessions of Council and the nature of the confidentiality of the letter of Julie 16, 2009 has not been disputed by Councillor Evelyn Buck. 2. The subject matter of this complaint deals with -the confidentiality of the letter and proceedings of the June 16, 2009 Closed Session of Council and are not within the subject matter of the previous Complaint 008 dated June 22, 2009. 3.. Political motives alone are not enough for the filing of a complaint nor are they sufficient to dismiss a complaint. Almost'every matter touching decisions of municipal council could be considered as "political", however there must be a real violation of The Code of Conduct at the root of any complaint. -48- Council Agenda -7- Item 3 18 August 17, 2010 4. The former Integrity Commissioner, David Nitkin did not investigate the previous matter 008 as "some of the enumerated signatories have refused to sign and that he would welcome a "reworked application". He made no comment on the substance of the complaint. S. I agree with Mr. Nitkin's comments as the confidentiality of the process and am concerned about public statements about matters before the Office of the Integrity Commissioner. 6. There appeared to be some confusion as to what confidential information was public information as it related to'the same subject matter. The June 16, 2009 letter was not released by Council while the information in the July I6, 2009 letter was released by Council. 7. Confidentiality applies on all matters defined as confidential regardless of whether you are present or not at a meeting. 8. The rules of Confidentiality as set out in The Code of Conduct apply to all members of Council as it was duly enacted by Council. 9. I conclude that Councillor Evelyn Buck violated The Code of Conduct Rule 2 in that confidential information of Council was disclosed and released by Councillor Evelyn Buck. 10. As conf dential information it remains the property of the Town of Aurora and personal use of Town property is not permitted. 11. The confusion surrounding the circumstances of the two legal opinion letters and the public statements and release of information give me reason to find that Councillor Evelyn Buck had made an error in judgment made in good faith. 12. Councillor Evelyn Buck is an elected official of experience and ought to know that confidentiality applies unless otherwise authorized by Council. 13. Although I am determining that there is no contravention because of this honest mistaken belief, no future similar occurrence will be viewed in the same manner. David Tsubouchi Integrity Commissioner -49- Council; Agenda' August 17,. 2010 Item 4 - 1 TOWN OF AURORA AURORA COUNCIL REPORT No. CA010 - 014 SUBJECT: Town of Aurora's Corporate Environmental Action Plan FROM: Neil Garbe, Chief Administrative Officer DATE: August 17, 2010 RECOMMENDATIONS THAT Council receive report CA010-014 and the attached Town of Aurora Corporate Environmental Action Plan for information; and, THAT Council approve and authorize staff to implement the attached Town of Aurora Corporate Environmental Action Plan, PURPOSE OF THE REPORT The purpose of this report Is to seek Council approval of the attached Town of Aurora Corporate Environmental Action Plan. . BACKGROUND The creation of the Corporate Environmental Action Plan (CEAP) reflects Council's commitment to supporting, through its plans, policies and initiatives, a vision of a more sustainable Aurora. Based on this commitment, direction was provided to prepare a CEAP with the support and strategic guidance of the Environmental Advisory . Committee. The Plan. was presented to the Environmental Advisory Committee on July 15, 2010. At the meeting, the Committee recommended: THAT the Environmental Advisory Committee receive the Town of Aurora Draft Corporate Environmental Action Plan, as amended by the Committee; and THAT the Environmental Advisory Committee endorse the Town of Aurora Draft Corporate Environmental Action Plan, as amended, forpresentation to Council in August or September, 2010. Moved by Councillor MacEachern CARRIED Seconded by Councillor Gaertner 50 Council Agenda August 17, 2010 Item 4 - 2 August 17, 2010 - 2 - Report No. CA010-014 The Town also" recognizes and values the partnerships and contributions of the community in a number of environmental initiatives. Residents and stakeholders are crucial to the Town's ongoing success and commitment to continued public engagement across the community. The development of this Plan was based on several consultation workshops and meetings held over the past 17 months to receive input from residents, the business community, staff, senior management and local environmental organizations. Based on the feedback received, an inter -departmental Environmental Management Team was formed and met between August 2009 and June 2010. Initial meetings with the group addressed the structure, context, objectives and goals of the Plan as they relate to each department. The later meetings involved discussions related to action items, environmental indicators and furthering the commitment of leads and supports for each action item. All corporate departments are responsible for the implementation of this Plan. COMMENTS The Corporate Environmental Action Plan is a five-year plan that will allow the Corporation of the Town of Aurora to meet its environmental goals. The CEAP is intended to provide corporate direction on key strategic environmental initiatives that will be initiated over the next 5 years. The Plan has been developed to assist Council to plan for and implement specific actions that will improve the Town's environmental performance and impact the sustainability of Aurora for future generations. The CEAP includes a series of goals, objectives and action items structured around four elemental themes - Air, Water, Fire (Energy) and Earth (Land). It also provides an implementation framework that will coordinate the implementation of this Plan across corporate departments. Each action item has been assigned a lead department that will be responsible for managing, coordinating and ultimately implementing the initiative within the identified timelines. Developed as a living document, the Plan is intended to evolve with constant. review and evaluation and position the Town as a leader in municipal environmental protection and enhancement. The Plan formalizes the Town's commitment to the environment and contributes to the vision of a more sustainable Aurora. The Corporate Environmental Action Plan is a prelude to the development of a broader Sustainability Plan for the Town of Aurora. Goals. Objectives and Actions of the Plan As previously mentioned, the Corporate Environmental Action Plan has been organized into four elemental themes - Air, Water, Fire (Energy) and Earth (Land). The following provides a summary of the key goals, objectives and action items in each theme area: -51- Council Agenda August 17, 2010 Item 4-3 August 17, 2010 .3. Report No. CAO10-014 Air The primary focus of the "Air" section of the Plan is to improve air quality. In order to achieve this goal, the Plan aims to both reduce harmful emissions and develop strategies to adapt to our changing climate, Action items in the Air section include: • implementing an anti -idling initiative; • developing a Green Fleet Plan; and, • establishing greenhouse gas reduction targets. Fire (Energy) The Fire (Energy) section of the Plan is focused on the reduction of energy consumption through energy efficiency measures and renewable energy sources. The objectives of this section address energy efficiency, energy retrofits as well as the use of renewable energy. Action items in the Fire (Energy) section include: • the implementation of energy management software; • the implementation of energy management retrofits of large scale Town buildings; • the implementation of renewable energy sources at new Town facilities; and, • supporting the implementation of the Green Energy Act within Aurora. Earth (Land) The purpose of the Earth (Land) section of the Plan is to plan for and manage Aurora's ecology. More specifically, the Plan intends to protect wildlife habitat, promote alternate modes of transportation and implement sustainable land use planning. The objectives of this section address wildlife management, green space and streamside naturalization/rehabilitation, sustainable land use planning, sustainable construction projects, transportation demand management, winter road maintenance and waste diversion initiatives. Action items in the Earth (Land) section address: • linking wildlife corridors; • improving landscaping and natural habitats; + developing a Trails Master Plan; • implementing sustainable construction practices; enhancing environmental responsibility within winter maintenance operations; • reducing corporate waste; and, • developing a green procurement policy. Water The final element of the Plan focuses on reducing corporate water consumption and utilizing stormwater management technologies. The objectives of this section address water conservation and stormwater management practices. Action items in this section include: • developing a water loss reduction strategy; -52- Council Agenda August 17, 2010 Item 4 - 4 ust 17.2010 .4- Report No. CAO10-014 • enhancing and optimizing the current stormwater management facility inventory; and, • improving stormwater quality in all new road reconstruction projects. Plan includes a detailed Implementation Chapter The Corporate Environmental Action Plan also includes a detailed implementation chapter that address the implementation and interpretation of the Plan. In this chapter, the implementation of this Plan is separated into three key areas: The Integration of the Plan into the Day -to -Day Function of the Municipality: The success of the Plan will require a coordinated approach to implementation that includes all departments within the corporation. The Plan will be monitored by both the Manager of Strategic Initiatives and the Manager of Environmental initiatives based on the indicators outlined in the Plan. The Environmental Management Team is also responsible for managing the implementation of this Plan. 2. Maintaining and Enhancing Internal and External Partnerships: As the Town moves forward with implementation of the CEAP, we will need to continue to build and enhance existing internal (between departments) and external partnerships. 3. The Review and Enhancement of the Plan: This Plan is a 'living plan' that must be recognized by staff and Council as an evolving document. While the Plan is open to continual review, a formal update will be completed every 5 years. An annual report card will be developed to delineate the progression of the Plan by providing updates on what initiatives have commenced, how well they are being implemented and to provide an overall update on the. status of the defined action items. As previously mentioned, this Plan is a prelude to the development of a corporate. Sustainability Plan. It is anticipated that the proposed Sustainability Plan will address community environmental initiatives including community awareness and education of environmental and sustainability initiatives. ALTERNATIVES TO THE RECOMMENDATION 1. Council may choose not to approve the Corporate Environmental Action Plan. 2, Council may choose to direct staff to revise the Corporate Environmental Action Plan. FINANCIAL IMPLICATIONS The ongoing and short term actions noted within the Plan can be implemented with approved program funding. However, funding for medium and long term action items -53- Council Agenda August 17, 2010 Item 4 - 5 August 17, 2010 - 5 - Report No. CA010-014 (as outlined in the Plan) will be incorporated in departmental annual budget submissions for Council consideration when appropriate. Staff are also investigating alternative funding sources to aid in the implementation of this Plan. CONCLUSIONS The development of the Corporate Environmental Action Plan reflects Council's commitment to supporting, through its plans, policies and initiatives, the vision of a more sustainable Aurora. The Plan is intended to provide corporate direction on key strategic environmental initiatives that will be initiated over the next 5 years. The CEAP has been developed to assist Council to plan for and implement specific actions that will improve the Town's environmental performance. Through a series of goals, objectives and action items the Plan formalizes the Town's commitment to the environment and contributes to the vision of a more. sustainable Aurora. The Plan is a prelude to the development of a broader Sustainability Plan for the Town of Aurora. Staff are requesting that Council approve the attached Town of Aurora Corporate Environmental Action Plan and authorize staff to begin implementation of the Plan. ATTACHMENTS Attachment # 1 Corporate Environmental Action Plan PRE -SUBMISSION REVIEW This report was reviewed at the Executive Leadership Team meeting on Monday August 9 2010. Nei! Garbe Chief Administrative Officer -54- Item 4-6 Council Agenda August 17, 2010 Attachment 1 JJ Council Agenda August 17, 2010 Item 4 - 7 -56- Council Ag_da August 17, 2010 Item 4.a \ ®\)() - «]a(D®) )j7f}) _ \ �\\\\\\ / R/)/)/j \ § \7 \ {) 7 E \ \ \0 } \0 \\0 by \/\\\ - /a{ate - &[E»\ fe JC = |/. e{0U .!= I/)2)k 5\] § -57- Council Agenda August 17, 2010 Item 4 - 9 c m N Y 0 Y 0 v O O O u- E E O U O ; = Q i o U C al ¢ O a N H Y L L o N u c 0 o 0 W Q N L > > Q O w ON c a-c v O N ~ w L O 0 Y C O O O E 0 H U -O U m CUj +L L tLO ON O U C 6 @ a) C N 40 3 E E ti Y C C C a m o a) c o O O M > C 0 C @ N O C y= U Y a) — �' = E Y N a C > N ba al o E N U aJ C m E oL Q > o c w v v U N v v C C N o o ° E d a O O N N Q O O .Q C S° `° E c C °- E o (U L O .L ~ (U — > M w bD + i C L N a E Y o c c U UO a C L a O N '> L C N C F- N L al r' a, L U F, c al L T N V1 O. n3 N a' C C v a) L C Y L O > o c a v N N Y � 3 Y O C � 3 0 Y L L E a! a] Y Y � C Y • N Y O U U U E � c u O 4= > o. v N U C b9 N v E Y � N N °' O T E O Y 'O C C L O @ L Q Otao as v n ° O � � L i •C O O O a O O U N N a N o O O Y O N O Y 0 O o 'ra Y C > � v -o C C L � v Y w m a L E F- ° b N O 4 v L O •Y G O m vbo a =F�vv C C�v a) N 'U 0 n C T bA v m C E a u v a L E c ELbz 6 N N a v 3 v U v > M� u c 'o C O O O al o o C w N a bTb m N C O to G a L vOi ° , N ° O C m L Q c` U (D U N m '� m L O ¢ VI E �>p. L E N f' O U C L b 1011 C ba {L.+ Y -0 O -O Y L� C v O w- O C O C �. +U+ U@ = f0 • `° E C ° v E i v C 'm Q E O m v v�'�•o ME4E.ac C 'O U U U U E C E 'O a) ¢txO u O T C ° °- p M Y C bA E al U U c LM c cYo v C g Y C m t v 3 C •> d c Z) o v v E v v E � E E w ,-o a)i E Y`c Nv L C COON0U Oa nN O ° 0 Nv 'La,_ O N U N v- O U U M a) C C U O U U O O C Y a� C Y C O C mv-. CU by Y C b o N o m '^ o V a v o= Y U W U c E w vNi rLb a°D LL 4 a � 30 m c ° C U U a, L wi C C w °_ ° a N I— +� aJ 'Fi f6 yj 10 U + C by O a1 M OD W i LL N u u- 0 L N 0= a) 'O _O Yi 'U a) w =p v L 'o o L L a, N 3 a o (UT• T �' N° C E C N > S bA N E bb v 3 a N 3 v to d a) O m O C O U O- O 'U v C w m 3 a 3 c o L yo _ O C a1 C N C a, c a `• Y w N N C C 7 T L ro N v"i L .G v a v -o i v Y *' E I -58- Council Agenda August 17, 2010 Item 4 - 10 C -0 o c d N L N i E Y 0 N a s a WE C C > c C (U = C E C O. Y O E 0 _ m _ a1 c p - U a L N a J Q a N CL U Y al 0 v al N U N ba Y C C O ba U 0 N a E O (U cQ bA p• C C 0 C N n7 O O O ¢ E V m C O i N N > � 0 3 n w U 0 U U C O a) O O a @ D. v c = c c o U n * p O Q 0, c m YYF 0 r a M o U v o c '0 a?i N a o aa) a 3 c .= o , C U p Y Yo 3 c `o 0 3 N f0 0 0 4 v c a Y c c N vN m t a N p 0 u a Y v m E E o a 0 3 c o 0 •aj > O v�i N U C O Y aJ y U .0 N m U a) E Q m T .a N O Y C E O C N > L 10 O" - C C y C U _ N o Y 3+ •3 U O a a o C m 3 m .,., = o cH•aE a Ea o a (Ua> > o '� O $ o H ov 0 No Y i o v -a '> 0> 0 m c o u o N E 3 aYw c E N 0 > w 3 Cc N -59- Council Agenda August 17, 2010 Item 4 - 11 N N M M N t0 I� c 8. 0 Q � M1. N M E a , Y 0 o w > G o w Q o v 0 N VI V a E i 3 O O >_ #t'w> v v c Y Y O C L Q. 0 • Q. r d c s O M aW Z to V vYi 0 > 0 OL c s v=i a0 W Y b0 .: ES M00 0 U t O Y O F Q m i Q J Q Z O e•1 N M V M 40 e4 r4 r4 ei r4 e4 v4 O "1 N M V' N N N N N rn m o 0 N N M M C O �i Q c fb N N 'Y Q VI d Y (b y Y_ �C Q Y u � v E O d L L O W M O }' L M u n w_ m c E 0 Y „ m a C UO r_ m c c 0 m i a = n M Y W V M DA a0+ E C M c 5 O N L 'L Cj : O 3 c a m = W a 3 E 0 � m L W O C N Z M a m r- N O O Z V w% c0 0 w. O M r V_ bA O M�' C 1z Z Y Y = 3 a N W LU M FU c c bb0i FU a m v a , �0 x x x N OJ w O e1 N M C a Q M M M M Q .Q Q I -60- Council Agenda August 17, 2010 Item 4 - 12 ° 'L- 0 0 0 N E a N :e i on 7 u N N N 0 aim N @ µ a 0•,,, 0 3 x N= C N N 0 u t-�'`m 3 w aEi L Y C T @ 7 O b0 3 `T E a 0 m (U m t 3 N N .� a O m>N yUY C aO) 0 a � On °ND to '0 GNO C O O YO NE _ Y yN O O N — N C N D vi C On U_ ra aOm v �° 00 N" E U N ", N a N bn •{U�.i fC6 F' •C' v ,3 y Y y E Q Y C O N@ 3 O s 0 w o @ Na 0 U E N 0 •- N C °� c o o o v a n >, v o o f on o n o c c v E m ° 3 E O '� E C 'G = .E c ao f6 3 m >' o E N >-0 m c 3 a° 0 E ac �o Ln c c c c E@ a@ 0. E N 00 H N 0 @ '= Y N w M N C y }+3+ @ N L C y O .Q @ O O OD @ vi tt0 M y C O O. U L a,N C N 3 E Y >a E L o MN N cc N_ - 0 C O N O On O N 7 w@ L N Q o0 E O 00 C N C v y a) N Y C @ C? '>, E L = E T i N@ U= a .a w C O w N T +L+ y N C2 @ C N C O w N N O ur v" 0 G °' u @ O E O O C m U N O •� 0. N N v 0 J a N U to E E° a N y a) N N C vi N U vl C N O a @ L N N Ul on a w o y a Oi N C C C-0 'U N N C N C m u O + `J 0 E'° m ,_, w �y N °•o Foam 'H a)N ±� @ N O N C O N @ u U@ U bA U Q C Q@ t0 V E @ N 9 C, 0= Y u on =ua �0 C vbo r¢ c °C u wo > C N c CE o9 > = C O °o C E E Q0E cO y m oEova NM wO E N> L 'a>C m E O 0 @ CL m o L 0 a .m -0 o u o , u0-0 L=@ c y OM L �, E N N o_ O 'er N 0 3 >' @ one 3 Y ° 0 ,�a .�_ N a u E L u O V Q N° @° O- O E E 0 m` o o Q u a o 3 m a 0@ -6—N O N T @ G @ C N E 0 0 O N Q o 0 o o a w �° @ v E 3° 0 Y C O` N c •E Li 'N O 'O Q N> `0 ..0 3 0 N L C bn 7 7 0 N a)N U D@ L I -61- Council Agenda August 17, 2010 Item 4-13 9b a -62- Council Agenda August 17, 2010 Item 4 - 14 N rl N y� 'N O •�n N~ L U a3 O al 01 L C a u E E N++ m Y u > m 0 Y E V 0 E E "6 R 1. 7 O E O. by bb p (U , C C O O aw Q a a N 4U- a C O N E fb ,y O X U L bq 0 a N `� O U O 0 M to N v-0 T m N C E v> p c s O c v '> Y O U N m c L o E o o Q 0 v C •++ O bq '�'' vi a) •� +�+ O � al i@+ aJ C aJ N (5 E 0 E o o v 0 E 0 aEi m pu i '> E 0 0 CL v E 0 c 3° m o ff w CU 2 E M O C N Y N N tUJ C f0 f0 N c :c m e E a H u m i c 0 ac a t -0 L N C O D E bA to Cl fbM U f0 L m CO m W U N 0-.0 o M a p O. U al C N 0 EY. (V L bb (U Q uL 3 c ..� > — cL >Q v o aN�a.° o a u0i N O C 1 m� E o > Y "' c'o c M ,3 Qo al Y -0 o 'U E CL c m m a 'O d jaN�i c W 'a b aYi c -O N fb C Y O O CL NM o m c a c a 0 o a c E u E v L 3 m a b m a U w-p m L E w o v N o v- a ai w .°�� Q N L w a 00 L p p '0 U u = L Y C C .� F Hy C Q OD O O N OJ t a) N c N L N N- T T +U+ Q C E E c Y E c o - Y Y d O C O 0 C C 0 0 M 0 3 L U Y E 0 O O 0. h N a • •' ••• N b C N '> '> L j w a> v 0 @ b,0o w e w CD U IL- m •00 s 3 m Q a @ u Z w -63- Council Agenda August 17, 2010 Item 4 - 15 m L a) Y N L Y 4 L 3 a) = N •o O v o as o 0 n u r m .c F C (p � tb O O � a h 4' o 0 L Y c o O Y •Y C:M N ;6 _ = o E C C1 O 3 C OU C C U C o v N 3 v C N N Q. =O v a c E E E v _ a ': O v L Ob U N Y = 'E Y E C t a O O m s p a Q a a d to U M OL � 0 L Q o U u U L 0 A. �O a cu L N a v UO o 3 o v o no u o @ m 3 u .�O C N N_ Q o Q v a E V O LF, L m � N O O W 0 Y o v i L a E y v U (U - Y C a 3 = v o i Yr o a�•� a T O w 0 •- U O" m Q M;^ > E O C 0 o m m C o w u 3 0 0 U c •� c EE L c PI H H O I-O a)i a FO- a I Z*0 Council Agenda August 17, 2010 Hem 4.18 2 § Council Agenda August 17, 2010 Item 4.17 v U C N U/ L H a 3 c o •- � N M t0 � W 3 U9 � to m a L y� w w w o � c L U1 W cC hp C" C O C > C N 2-0 a v a C m O N C O U U •� � U ?. m U a v 1 N 3 O 01 M a Oc .0 C � Q •O a N U 3 �" b� °1 N � C o r O m a 3 av � � c O ° � O f6 t tA C) o Q 01 D a a Iwo j > 3 v o r N m ri F o. G f0 a m U - v m + U v> O 0 0 a a 0 0 3 3 I-O FO- c a v E 16 d tl1 14 . 0 I -66- Council Agenda August 17, 2010 Item 4-18 E C m C v C @ O to O m .� p .Q m T O �, C LM a+ `1 O w > E (U p c o 3 > c o o m c 3 w c o nc U +. t0 -a 0 F c m e c m y -p m O O O a) O O O a N> 2 m an C C C ~ ,N O N v C "O w W O m w O O_ I C U ++ C O p m w x O O C Cm ENC C pO UO wL ti +OC QUn E U d 0 a' 4-; ` COO . 3 m L z U o m am, c E v >- u v N° -o m T � c o m m @ N ,n o 3 O N Q N w N C y o M c o U n o w r L 3 0 w o w V o E c -� o '�' s' o m w 0 E w w w o c` vi >° ,E >, Q �n a O N "O J O U btl U m O m E m 0 m ,N m bA L T c 0)w o �•E m c c v i> o m w w E 4= E r w w .c ,-i w 3 N- w `� m 't c ° E o w v m n L > w F° c c w n 0 o a w o v Q ooro Q o ,w E F 3 v F °° s c w L° o u a E vp` a a� m c m .F.� c w U in C m 9 V O L '6 ` •X w H l0 > C m O w '0U :EC E _ i O C w v E U m Q hD C m C 0 bn o c a ° oo U E w c o c o w c Qj tlC0 m C N N O U C� Q 01 N .wC C N> a Y •O .N m w = y c v bD 3 W N 3 oo? w e wo s v 3 m n s v v U o° o o c c v° E m `o i m v v t> v a S° 3 a ° '� r a t o a o w L o L h c c < 00 o w 5 w E U 3 `+� w ''u+ m o o t °p '^ a am N vm O O Cr 4° K v= p ? O = m L m C 3 m L Eg)! CO LO ` "O ,a C O Q 3 m U x o- U� m rya o a w E> > Ow am �° a o aw v a 3 �° w^ r -p v w 'in n v c c c o c c—: 0 w o v-.° aEi �; Eo 'o ,L., w o_ ,..�_+ O w N 0 3 3 C F O •+. fl. v a"i ° ° o of ..� .0 = ° m v l7 a E m o = o �n L N ai m p E w G. O bq4- 41 0° E u �m aw Y= a w w -=o U v a v L° v Z= H —° \^ 'm O OCr i v :~ OU r Y •v V n V a~ N U O [- to 'O Q u p= V O Y �, O U v in w a O -wo_ v=i = b o �^i v �, u Q¢ -o W Q 0m, u c p m> o v CL ' V 'U o °c Z) = o m ,.E m .� •� vaj c vm- c o ,� Q) c ^ a o Q u v a h Q v E c a w m v c o o 0 o c 3 c nv o w m I- in o m� I- w OCL W t V4 H a)oU W N 00 4 I -67- Council Agenda August 17, 2010 Item 4 - 19 a c c v E v M a v Y 4i v � a v L � E m a u y @ H v v to OL C L v 3 u m u � ai a c o- E E 3 a C L vl y� Y Y L O O m to •uf v Y v =� Y 9 O a u O O O Q E O a L° c o O t r O E Q 9 M 0 ^ a O 0 Y c a 0_ a p C C Y v U O L N L Y f0 N p v v C C v v O c 3 c - E v N a vi c E v C v 6 _ > n U a O +' 'vL � �•c d O v L v v C ° a v � � c m O C O O L 7 CO D CO U Y v v Y o m L O @ v Y �> cc c 'Q 3 H � •C 0 C RE to a R -68- Council Agenda August 17, 2010 Item 4 - 20 i u •t, O i O 7 N t O L 0 C N •L O o E c > o N� �n o Up bo E C C Y O = o Uo , 4'- U C 4- v N i M a O U > N U V * C v m c v L o o � F- o •� N N Y O N N LE Y i L f0 y N C C E CU N . o C (U C �CC 7 • 0 O G O •; O U o N � v 4-O 0 00 f0 1/1 L N 11 7 � _C N >• o C Y 7 O a O c C_ m E ^ -O m o g U p O n n O Go N F _O ¢ N � to > C d h u UOo o) C a) o N C p d C O N O 4 ¢ L U o oN i v E E Y ar QJ Y c N 0 O E 4- p.a oa o Y C Y L > C N U C _ bp N N t0 W 'd C E i v t o a ° w O. N N C oM L U > p -p i Ol "6 O w w o +' F Q U of U 7M a a I -69- Council Agenda August 17, 2010 Item 4 - 21 M.- O -70- Council Agenda August 17, 2010 v C3 4 ti : as N � n N W a 4 b C C n O N v I a o a •� a _o Y _@ v °- E c N O_ M @ v C Yo E ao E a` N Y O b 3 E a o @ Y Y O In @ 01 c J O u U, }� v c v Y @ O O i O O C � c U O @ .o c 2 U c - c � a o N Y v L c N N O O. G @ O @ O a � � Y C u C3 �• t L J c ❑ a' v � � � C Y 3 u E � t O � Y O > v > a � E m a In v v v fV N fV C c C O O O a a a Item 4 - 22 I -71. Council Agenda August 17, 2010 Item 4 - 23 Q H N L Y Lo 3 Y '6 C N +O+ E ,U c " o o 0 Y C T Y N E L v E Y C C O O C N L C L � O Q L F- T h ai L � Y' Y Y N C O +C+ C C O O C v C � O O C O L L L Y N •IO N � N m v — i N O N ._ > E N 'Q — v L •�f0 C � O 0 C � f0 L � Y U C O O O U U C L L Q LU N N C C U O X U O _ Y •� Y ti c O O M O E N � C L Y U N C C L C U � o_ w E Y OU U ++ N c c a N •- L N Y (p N C N � L L N Q Y f0 L v � Q m L C Y N >C L w N E Y p C N N tko bo O 0 H a O C N O O Eo C` bD a c Q am+ (7 Y a Q m m v W U Q U C d c C d c E v • �t6., .Y, l7 L (J 7 E E CY m v _O E Q @ L Q Q > . �. Q E E p a w Q �4 N m Q C 1i y ci r! `! N ri ri > N N N> N N C C C u C G y, 0 0 y 0 0 Y O Q U Q¢ U O U Q Q I -72- Council Agenda August 17, 2010 Item 4 - 24 vi c 0 .y VYI Y .N C N Y a c f0 _N O O s H vi U1 _ L •� o W U u � = Y .n c � o Q fYO C N � h0 `� m ao � 'N C � 3 o F°- N y, N �O L N ;o a w E O a C U 0 ,0 N Y t0 U U � O C � a N bA .0 C_ Y w a � Y U � C � C = O 3 0 � C s o •y C IO UU G N Q v a Y c a � a Y C C O N y� E.m N — Q •3 12 FL UI 3 F 0 w E f6 0 0 a Y 7 E E U Q c f0 a u N N 14 N c 0 Q C m a d a C w i `V. m M ti N c 0 Q �i c 0 N C VI f0 cw N � � v L C C -O Ol QJ N bU w Cr U v O � a _c o m N c E (D Y v � U Y O O v'+ a o C U t6 .L c u v v E v a -o L U � o -o n '9 m � N L w c U u L W by j a U C C � N H 'U v ai � L p C bq Y f6 L Y VI C 4J m � +� v v .? U1 � LL � C L a N Y L a °J E C Q 0 N O Qs O a c > w a a lu F I-- R -73- Council Agenda August 17, 2010 Item 4 - 25 r� E we M. E F� E _ N i C 91 m a -74- Council Agenda August 17, 2010 Item 4 - 26 b� c C O on "O = N CM bD C v a c m n v c UCU N L N O E U bO0 _c u u o C c 0 3 'Z m Y N C 0 y i > N L LO O H O v 3 N L L o T o 0 >. bD N L > N c bD v > U Y � C C a, a ar o tO E E c T N 0 3 C bo u 0 0 o w C u m d s N OL _ V N O C +O C C O •— O 2 Y N 3 C j H C 0 3 N 11 Dl L f6 O L C 3 Y m 0 m r O +C O. y L N O 3 3 y N N C O N • C C ''D N L O O 0 U O bLD Y � C N v'0 c w Q N C bD C E O C ' T = u O m � � 0 a) T U N N N N (b C C N 0 C I.+U y ° W OU U O v WN T N -0 v-T bLO> m ey FL- o = w Lo c w a w L 0 0 W W s 3 c 0 C 'c 0 c •N N � '+� E O w L d C 0 C O �— N N N b9 � C Q C G U C U Q c 3 O L N a, N E v C w v m N U L C n 3 cu^ v N E ao u O C v D N E 0T0 O w O O N " � O C N to a, L�9 N M Y 0 G U C tb 7 O Yj L N Y D/ - W .0W Oa M aEi m 3 a)w O w L CC tb O E y +O+ a= .W.. bD N .�.r bO0 C m W N +`+ O LL v m W L D LL O. O. > d C w > C N N y ci N M V U Q N N N O N N 0 N N N 0 N N 0 -75- Council Agenda August 17, 2010 Hem 4.2 ) } j } \ � CL \ 27 £ - «! / } ej to � _ /\ q {R}4 ` EaEk }\ \ 1CL \� \- Qj \} \ to � - �(� \ � Cr OD \} \ E § / � )) / (� qa { � ! \■ � e #(�} /E § Council Agenda August 17, 2010 Item 4.2 \ k m&\ �R ;\ \\OD2. �\(k -- :ƒ//5 !& m, CL )) \—j {n j\ )\ ƒ \�® L $ b _ §\\ ] ! %| § /( ) Q On \ 0a) 2 g !e A / \ ) ( .CL ! g 7� tn }f § \\� ) § Council Agenda August 17, 2010 Item 4 - 29 a W M N w T O � C l0 N N :E E L 0 O O. L C O1 f0 v C Y r0 C Q1 O L yr E L O 0 N C p 4 O N <0 L ° N O C v ! C p a E Q �on E L O (0 L L N O O O O Y N Y v° AO-• m � Q• 3 m t: rQ — � N C M ++ 3 c F E v v E Eo L o L Y Y o c N O C > E NQ v v N 00 O � C G a O v � C N O v N u E 0 vN C a Q E n � � s o �Qow L v n -o L ] 3 C v N Q >O YO v O O O w w o 0 O Y Y Y C O E C U ._ 1 as v O E E E � � �° N by � C d C Q) QJ U M W i cm Q O c cm L f0 G _O c o U i G L v > > ° o c p- mQE p c m E > Qi „ E� i na L "o NE m N C C C 0 @ N C C O O CC •L O +� °U Y N N C L 0 Q. C d N N m O 3 > ° ° CM C` s.. 0 N C (UW v Or N w H F h0 L Q, C 3 rQ 3 v Y m ° V ° ° m m ° Q, O E W v W L O Q W O_ O -0. > > M > > K y e-I N y� V m '�' C Y N vi lD Q/ r- a -I w y .-i C c � :S rri ni : r» a ni o ri ni O N N O N O N- N N c v N O u 0 o M 0 n i r0 }a N L O L N u L 0 Y 3 M bD ° oc v N CL c o o E v 4 L v ao a L v OL E v 3 v c o 3 t N -O -° v o_ m C m rQ r L Q c rQ c •� v a m +N' aci r a p U O Z _ M d to 4- O •LY, r0 cu = Ql O N N a ° a v M m E ° c C m v by a v E O m 'Q N C Ql C— Ql ?j i Y C N N w F- 0 VI U p.'- � i W w Y 'B .Lj N U 'O '0 Y w 0 O a c M c o o a o fl- m (U +�-' o WUID f0 -o E E `m v c °� c o. Q L o Q p m Q c v rQ O rn ao ..c U > m s m o = U O C i1 m W c C C U Y C rQ N C p O L-0 O J gym. Cf0 ,E -p O Q) 0 oav l7 v m'La v-No am V o-M V w w v v w o a o v O, QrOi U rYQ O_ °- aoi w w O Ql E m Ql 0 a E N N Y y O y n > p N> c a 0 Q Q p a > wN O W M n D n N 00 M y :n ry rri gri m ni r» rci a ri rri a "i O N N O N N N N N 0 N N 0 N I -78- Council Agenda August 17, 2010 Item 4 - 30 Gl E M M w O1 U N B 0 .1 W 9 C @ A eri N C O_ a C @ O it N 4- a ! c 0 @ a v a v F- C -79- Council Ag_da August 17, 2010 Item 4.31 / 0 K al § -80- Council Agenda August 17, 2010 Item 4 - 32 42 a 4° C N w � cp eu r O. C O ,N y > (0 U) Ye N C C 23j 'O 'O • u w L a3i 'mom o -o v s c ° v > ° Y ° M °- c m E O 4 T C O. O G M L v c p o 00 N U bU M c c c ° o 04 v 3 _ v Y c N v� Y ` v Ln U to O. IL N ° > �L?�. cOJ U •� Ln ro .0 C a to cn C +� c� c`o Y c CU E w o o, .� (V c E v c h v n OU W IYII C > C O N 66 0 Y N u °a o +L v v w a � i w ° a ° ° = 0 E v m L 0 a 3 E c ° c maw-r o C c lL/1 C Q a O u O N v ate: v c Y m L w L N Y C T m o d N 3 v a W m a 6 E ON O m - t N N L O C O b0 Q N .y O 7 f0 N iv3' O u u a0-+ a i o v m u O o i u a o Q M o o v N w " c o u o O O N m a O C C N z 3 u E o a L v n v v O E t vL E O ° Q Cn If N N G i.i N N a) O CL C to 6 � 'o h w ° � o C .ice-' 'a O _O .'. K Y N m 3 o2f E G. E 06 N p, c M Ul -j O to t c =a U 7 c (U v fl c v p E Lv L c c a w o o in m N O. Z3 E ° -C3 Y Y c m o v a aE C n Q O a N p L > w= E > °q CL u c m a o a a E C o N N fV N :E N C O N v� O a U v °� W a IO uo -81- Council Agenda August 17, 2010 Item 4 - 33 O C 0 G va L O m O G U N m � O i w C O T in U O O N ..Q V CL W O 0 Llbo •'�' _ C N O`E` N O_ C -O "UO m w o o 0 c c CL ,O N C O b0 .. C C o c v 0 m C O vi f�6 O w O_ = OU _ L O b0 C Q _ O O" C v1 4�-- -O_ bA G - T-- t%1 O C O o o c a E '3 v '. 0 to bcn v � •� wa .� � a C O s K; c 'E , w oc v CO E v c w+_ bn �..v ;tea _ U C C O i U bD � w o_ O O O v o •� a N > U 6 p v m ti a)i a aw m c E E toCL i E C 3 H w o_PIS.tf O J JO 2' c0 @: '- O h: in N a F 0 -82- Council Agenda August 17, 2010 Item 4 - 34 0) V J a v L 0 v N 'V a c h E to L 0 O L Q 0 O C O +Lj O N = � C O a U o vi c L � W � .O C 0 0 0 0 r � F N Y L j C O bn O ar m o C C L m Q 6 E C� O N N G E N w 0 a t 0) H U O a W vO m o L o (UO VO.O O O 0"' U0 E E a v " � O C > '- c n O M N N v u Q O C > O 0 EO 'aO2 "00 20 C W a Q O n f0 t 0 H O Q nO C Y L Q tip c_ 0 0 a U on C Y m C b0 yf • • • FL- Ap 6 I -83- Council Ag_da August 17, 2010 Item 4.35 cc ( U �0 2 ) A§\t § %/®E :j j CL yE±\\\ \»(f/\ mE# aj \\ G�@e °2 - -a §\7 CU UO ) bD 2 ) _ _ 0 \$\( \ \/\})0 \ a) M 0 m \ \ \\/\// 0 § -84- Council Agenda August 17, 2010 Item 4 - 36 N N a u c N L -O Y � N C H 0 O Q fl. E C 0 0 n O O C O' Q E 0 0 c N O UO N y m c vO 3 aj 3 41 Q C N 9 y Ul ` N Q u O C L1 O O L U U C w C 0 a > m � O v uo L N C C C CL u � ~ N C O O 3 > E L v W M N n C Y �O Q O 3 Q w v 1z L O > Ill (0 C 7 L 'I C NCL O m o lV N C > O w • • Q I-O FO- 0 0 r 11 -as- Council Agenda August 17, 2010 Item 4.37 � m o —0U E f0 E L c `o o " Y } w N C aw-I •L C O O a)E Y v 3 E C C � c 0 c m a O Y n � o u = Op_ o v u E v O M N Y N OD O i C O. U N Q Q O m C ro 3 o s Y O w a v L O w O C 3 0 0 w U O N @ a IO =O N C L L N Y w 0 w a v E ° 3 Y E w 3 O -C h0 O C vwi m O N C C m i i O w 3 c>a o v C 0 w O C t 0 hO C O o OJ m '� c c u •a c 3 C w .* C w r � E E aY' u w N w O L C L a L U H w N ry w v ' bP um c 3 ao w w O C o m E 00 'u N E pwO w -=O -o w 0 m v> != o E E _ _0 E CL u v o c ai w 3 UO y a o -wo Y N > W Cr N C L C w 3 m° Y = E w — 3 pwO > v E a c Q o N `o 0 3 E E 2 L, O G C Y •U w C G N w a E (D O U 10 w C Y O O E a .. w O 3 E O w Y � t0 J C L d � L •3 U w U w � w L N O o 0 a ObQ C C U O c fO U O U U 0 c •0 c o 0 U 00 L C N E o c O ab) E 3 Y +'• c w Q @ N C E Y^ a E C � v=i O m awe C o c 3 Y w `m a� E Oc Y w c 0 a O Obz N Y m w c 0 c m w v0 w w w w Y U � N CL v U o E •� 3> = w O N w C > w . .... p c E 3�;N3ma�; wc c c c c 0 o wU o 0 0 a U U a U 0 U o a a o a a a -86- Council Agenda August 17, 2010 Item 4 - 38 .2 r. CL E =1 0 U Oj O 0 a) (U U (U Egg MM 0 IU CL = 1�2. U 0 a) .a) t -U (D EMS Ln r- 0 -�— .0 E , E ,2 a) 0 Q. 0 0 Qj w E a) r z 0 U C 0 -.2 a) 0 CJ M 0 -0 U 0 U ROME Qj CL0 E M a q - M R: 0 po L a) :3 (U M CL > zz 13 ;4 �Ou E LL H (U U Qj 0 Q) Q 2 :3 -C3 0 a) Qj RV .87- Council Agenda August 17, 2010 Item 4 - 39 O U a) n v o v � v � o = E w C h (D E v m o r > o E z w c 3 aa)) a, m —° E a) Qj a m C i a O C U N w O O al L �i ++ t U N {� Y is C c a > OA v E e ~ o a E ti G c> a o + c a a •� m = aCi vim- E uo m +. N N c N O a) a w a a yY f0�-Oc O ~ J v aJ E E o 3 U Y ` fL Y C (n a) _v m m L 2- a) " U c U v O CL c a i M.V m m a) L c 3 ,C o a) s o u o m Y 3 d h c a] Y L O @ ~ L bq m e 'c G a) a v Yw a o c v E 0 co c o o f 0 zj bO= a af) U Y (a O_ bD Y f0 U -O V aY' o a) > a, EO N CL E Y O m L in U 7 Y 'p C w a) a) O > a U O C a) > C `ti O O oL E a) >, fi; fa "O in L _ •vL, > =p W C VI w CC K V 3 N a) O ° o o c . • • . . . Id M CL 3 0 v 0 Y c U 0 O C 0 M a, E v o. E w .c Y C aJ N U 0_ v 0 3 v v m to c v G u .O a c w E m on cc C L ar 3 E `o N a, L 3 v v H 0 t N 96 6 -88- Council Agenda August 17, 2010 Item 4 - 40 m J a L a Y 3 E L 0 Y > °c C 2 Q. .- L E E O F 0 J Z W -89- Council Agenda August 17, 2010 Item 4 - 41 a/ C C O C a1 Y O O Q E •U = W m n c r E N 30 F m L F C a, ns 0 a w L V O a j• L �_ 0 Y � � •c G Gi c h C C C H 3 o > aL > v s a >_ v v O LO s U > O 'u to N a N C L o n• o v w to U t o9 c a Y c OD U d L > Y c a w o o U a a o o c c c e E E o t c H a E o E E a1 O w co toa (U Y O m O C O d C a o o Y U o U a fl H � L E C O L 7 � 3 a0-• U a c o o 0 a/ C F- to >� c a •a � o a] C Y 0 o fO a C O a � a •� Qd O O U a � � N YO v bD a 3 w c v v C 3 'E w L LL w O 0 0 o n CL E w 1 — o — O 0 3 C u c o 0 a t U c Y m t v no w c c •� C N O L Y � i UOaH 3 w t. Y � C a s L w Ln LL u � o 0 0 a Y N C bo LLI o a1 Q C L al .G �+ L a O v a E E Zp a L a, •4 E N Y L O U E bU 0 Y o r c c o o Y O o U eri Y U E w O LL Y C al � N C O � C_ a, m C C C C m Y m C UO = t 3 0 6 O i m (D C N O t C vl Y C w .� -O Lry v •Y O � O C E p a1 3 M c 3 u v bn a m C u W a bD OQ Y 'C w 42 f0 v m •0 E � cW E (D a UOv,so, a4 -0 o o a) L c a L v a > c m w C ¢ 3 a T a1 U W N Y _ N C •U o 'D *' 4 o 'C o O o O N Y O O_ •U � � N N 00 O. h0 - ba o_— •000 w c tic v E v v O o u m a1 r r 0 v o 3 v m n LCL Cr- O �O Q O Y a O .3 O T _ w a m +O '" CL Y c O C' a a L w N�n ,�, CO . p E iL.• I^ U C O E O rYo O a f0 C J ._ Y O' N O E O W Q OLr- C YL OU C a1 al p_ Y C a1 O a1 O N o v -moo t aEi t O o_ o. u Q n oa F' U— v c E o w U -90_ Council Agenda August 17,210 It m 4-4 bo QCL \/CL /� \\ {[ _ \\ 0 a/ 2& f§. %r }� / . �L (U\\ �\ 33 `Q ))/ 0 \\\ \\ \V)\ \� \ - ) £2\ E a_ b \E\ CL \\0 E § \\\ 70tio UD \\\ E$/ \EE }(§ &\/0 \\Qj �\ CL CL -a \ 0 a5°V d 0 ]\/\ a:§y %7U! £.]§: e t k k}\( a E §G)9 %�\} 7 §6i a a)) ) 22» �|\\, � w t WC CL �4*=2 k § -91- Council Agenda August 17, 2010 Item 4.43 N N O m +O+ O O Q to °y NO O N b9 N N 9 E „'� c c by N Y C vi E== ++ to @ NU ° N, N , N O O N v > L O ^ c.- N N u .Q M o � o a o = E o o E s n v N E v w c _o C ° v �• bU ,L+ Y° o_ bD f0 J 0 N L 3 J > °M o v m Q= O a a v N C y E L bA .� vi yw O w a_ N L E �, c a ._ U M M C . _ -E Eu O N J E Q vOi b°0 J vOi c U! c v 0 o— E w M N m m ,,, 3 0 =_ m o rCa ¢ o a E m '-" u v -= E o O C w: to L 0 J O> o m w 4- N O•0 0- C N Y a C G h 'O-N c O N o N 0@ N .E m O Y v >, N a O E O a C O a c 0 M1' N U L L E> N 1l Ea E _Y O 41 C d 0 41 C a bo N m 3 Y w N� Y W Z Y 3 -.-. E E u C 'N Y C •N Y J Q T N N Y U E �n J N C Q) E N Y U J N C f0 y0 O G N Q C 0 Ol N N N N L N N ++ O ON O O °N c F- Q Q N d FL- Q MO a FL- Q tI] O a E m o C ° v Y E J �-' E E' o y U 3 4- E r n= n °�' u E 7 N O +�+ N_ Z Y .E m N vNi 10 c C@ J Y C a J o u aNi `�° E° .c E@ a E 0 ° Y E 3 E_ E E o :lpi Q w F O Q a rco O U ii Q' H Q z> o Q (7 a �n 0 u O O _ _ @ O C O O O O O A: ¢ Q Q I .g2- Council Agenda August 17, 2010 Item 4 - 44 N N Ul yj 0 N Ul Y N N M O N > a N N O1 O = N Ul > N - c N� a N E 12 m 3 3 fO _= E E, ?> 3 ami p MR o u c 3 u u m m E c 3 c T vY-. p E '6 Y E E v v L o m � p N v •o `m E C N N 0 .E p Y ++ Y N Y C �6 O �O !d 2 m a1 a j 6 Q s O Q N h E H v'? a'' •Y, E� u a m m a, E ,o bz E v .� C N > C .O O w N C LO+ UU Y C '.�+. t0 N� by O C E O C N u p N O v m 3 w E 0_ v rco cou E v E C c aNi E o w aui o O, O D U O C O •� C v O C\ >>.. 4- Y C U -p hp C E +O+ Y N C C "O i o m :� c v a E .� a o. E aci i m v U 3 p=-- E ° p' p °N' 0 v p E E a r- N C O E ++ 4- oA v 4- 0 2 0 Q Q Y E " u .on Y N C o 0 c C7 n c U N �.- v0 w .> o "' 3 v— '� o ,� o v N o E E E .� u mi c N ao c o '^M ,c '^ .a E v o a o 'o 'n c E- pp L U Y i N N N u 0 U O Q "O N N O �jO p 9 Y0 0 in C C N .0 4; p j, C O C C —' O O i3 N I- N b0 N 2 N LL H 4- U N ¢ U Y E N G N N C 'm U c E a = v Y E c �s a •° 3 N O = Ul E N Y u M Y F C C N Y p N a 0Ei bC0 = T> O U C O N" N .r, 0O N U! C ,p N N '] N U 0 o c E m oa N _ a ,C-° 0' O E @ p C E M 'N z z c N C z LL^ i C o'. « s' E 3 m m' °' o m N c m 2 v o c c n010 E o o c o api ' M c u `J° 3 cf6i •= 'c v fO a v �' H a E .ao > v O p C L L C Ol E Q L �u- E 21 p E 7� az- T>� -i (D ¢u u m Q¢ W nug 0 O N r V1 Oi N O N O Ol ~ Ol N Ol O T O Ol O 01 Y N O O TO j 0 WO ❑ O MO O O b00 Q ¢ N ¢ N ¢ N to ci -93- Council Agenda August 17, 2010 Item 4 - 45 t @ ? v v c O E c o N c N C U O t O p O .t _O LLQI C C v v . uo E c ,E no on c c v ¢ v @ o v 2 E @ @O O v o 4- E @ 9 ++ E @ lD° @ p v O o C« O uLn =.a E E w N d� v 'c u c 3 u o Id 'm a3i N E O ° O OE O Y ' o E oo u m O o d ° c v E v- rvi c N -o ,� -c c u :p > N ` °� -o v 'O o E c— v@ 3 o o '0 O o c V- „ o E> c° .c c o m o ovc E �v000'`c�ay.# O. o Q�ma 3 0 O c µ`- C u O c O pp ti v° O O� N vine N N G `o m >>`o o° v o v a E '-^ Q o v v > o a E Eo @Oww E> @�ao� �> ?w:+' O aOw o c o o .Y M v v v U 1°-¢ �> 0 N v vO ° 0 c c m o v c w c w o U s c a g �� C Q b@➢ N C 3 C 'O 'O _ U$ O@ Ew 0 0 O ..c aW a v 0 C@ h C C C �° aco ncn oho w acu o w 'v c a �. v v v m v a c E c o c u c v $ v N co v v v @ v E 'G V1 V1 @ N Vl 1% @ N 'U 1- 1- ° F- f- F- O @ c aUa O W U O O O O O p Z' N V O O '-I ti 00 H _ bbD O O 0 3 3 J 7 I -94. Council Agenda August 17, 2010 Item 4 - 46 a o a +� al T a) d N L p. c L v aU a > c °� > E On m o E o I- � m y L °' m v E c O v -° o o m v� v o 't, -E m 'v O M G "O Q! •Y a) U U a`aW a) 0 n° uv c o c >• E -o ma ca) 0)) wLaoco v° L`M a'� a aOa E L CU i s p aa) O M N C-° a 3 3 7 0 'O a t a C A N C H o_ v o to m 3 a°° v a o _°c E a ra �° v io +°�) m F°- ? w E Y c o c y >- v° c v o v Y° ME ' c _ a° m U c o a a 3 nca m ° m c m 3> °U u 0 °OO n aE m° Y ° o= a) a o U o L w E y o c u „ c *• -0 a °O nr c o +0+ 0 a v > W C, c c m E Q a "O C �n C bOA U [L aJ U L in > d a O 0 C G N a) a) W O U Q v U al -O E >r 00 U O $° °a E v o o m 0°n v° •c- a c ar c na M .� a) ,, v L n O O E L 3 c QN , v > v c L` v o c c U c •� O� o y L '+ E v bb o f m" L o* U U U 01Q. E 3 o Q° U v m Y a U i UN 4 o° -O E a •� G 3 a U U by C Y a) a) > +� U > t. Y O in M 0 a) E _) otr �L� v a)a c�•e v o m `U r ° E a O c E ctt:� w na o '^ v S c c E o c o c o w v .N ii '^ oN ° OU U m o. Q a a 3 C (V a L > o L u w o E a) o L o C C ao U a *' o l7 o a. a L., v oN o Q 3 Q c a) a o c Mo c o a 3 E o a0 U0c F_ c c E a, "' ° °0 o a v c W s 0) >' E tO o M UU s v m` c o c 0) y m L -aw" 0" L a do aaj r°o m + o °) aci i ar O C N O. �a 0 w N Y O U c o ^ N L o-0� ° -v° a o v v a o M o C+�+ �O ba '7 O "O N C 3 > Q a) a) O "O ¢ fC0 L O c >, c t 3 c -°. o- U U o E@ w °. c - a °�0 O O a) O ++ a) m c U n° w a cb0 oc_0 ° a o E �° v s o a) O L m 0 0 a) y-+ E L m .N O C vi L 9 4 G m a) C O a+ i s `�_') v Q 3 3 c w o c c oN C c v v c o c— a) o ,� o v cn a O L )0 'o a Q 3 a t r u°a ,�' 3 CL m E` •E '�° c° v (Ua v c 3 0° v a +L m w a U U v a o 3 E a) u c m w (U.° ac ¢> c o L Q> o° v m a E oN ci ° c_ E a` m e m y a g L c L° 'c " v o i o -co c LL o E m v o v a -2 v `o u a m c 3 L> a m �'> cL m E E UO 3�Q °UH �w °F va ac ¢ ovc oy� o I -95- Council Agenda August 17, 2010 Item 4 - 47 m c ar C 0 c a, m O M ¢ �- O 0 3 F ba C o C O 3 0 m . I— 40 c O. C 0 Em ppmm Vpq) o Sw 0 t a N Er - Oct m N E CA C L 0) m -70 GJ' C c a m _CU T N Y � O O _C eg® >C o 0tko p� r N �_ -aa O O O iP1 a m :J x a 4-0 c m Q E ¢ >- C �_ o m CL r— m ®( U i F c E o m m N c ` O o f6 +N-• r o a 2 3 bO E F c c -o o E d N y L Q i O C O a) O m Y a m a O °D a c o a •N ¢ w Y a -0 0 3 L c oa a o c m 0 o .� a, c m v s 0_ O x m a+ C 4 00 -O x c t o > a)3 o a O p o Q +L+ N E m O a) y0 J W N> >> (U U m O m UO C W a •C L O O U L C O 'U C '0 > O i U E N E O N N U L L L E E o > ¢ N m N o 3 o ¢ v c o 'U o c c Z E O m 3 ¢ + m Q C 7 L f0 hU O U KZ a) bo ba N ON L L 0 U Q d 3 c c-o o m c o ao o am m y v o C c c +• -c m ++ C N Q Z m O a) m O N h ¢ vOi m O` L N Oa) xN 6 Q N O ++ al O O ¢ N N 00to c o E 5i E v 0 > o o_ I°— E ma Uo ° E aci no m m U U C N mm.C 7 a) y,L_O l0 pj O .O i O VO bD 00 m�cwmL o U O>w 'N N c (L c Q L m c a c o a, m '3 a -o o ,-, o E C O L n Q Otf N ` (Lo o, E v E ak, a p C C 4 O m (U +'' m U L a _ C + Q >T. L > U h I L U �0 O O C at U C W =O C N C a1 E 0 'N C N -O O a> = al zz v N cc a i mu c maal t Umo •xH ,O- N'QJ ; w v=o m v O U N + O 3L H � z � to C3 N Oi •OA O) Q. p C N m¢ y O¢ Q -Q a 04.a � c o m Z m c$ N o c a a, N c c c. o a 0 3 m 3 3 > °N-� CO bo FO- I° I -96- Council Agenda August 17, 2010 Item 4 - 48 Y 0 L U Y m ° +� w m . oa m° �� m 2 3 0 C z o -C w v c w o -0 o� L o N� w� c m c p 3 c m N m w J in L H v Y G w 'o_ n d 00 y ' O 3 m in w '^ ni " ❑. 0 0 C mN o_ E m a "6 v U .O L vJi U 09 'in O" t6 L C w MM w '� L O• C C U -0 m C) c a v m m 3 ¢ a o a w 0 b`n m E o CL .Q L wO_ w m 0 a o C - c Y s O w w M 0 C .wC C N +w+ O O J U L G00 U 'O tf E 'o 0 n m O N 4J Y '6 ° C o ¢ 'G v `O —ao 3 v n U w a °0 o to {`c�° i- w w '� w a L° a �- w Y w Y be L 0 u aj °- E C >— p Y m >• ' O Lb0 M w> w '�' �n f0 E w w '0 N 00 Lbb ° �° m m 3 -O a > C m w '� L °C° C N 0 a > Q J w U v c 0 Y' M C 3 m i c M C �o 0 E O N J U w O L— }. o m y w m 0 J w U m M t ''"' Y G C 3 C 'O E> E }' in w w 3 b0 aL+ Ul L w o c w w w •m Y Y U a 'O 'U^ "'' 0 C L a L° w L c m E w Y v m v— I w C ° m 3 o o° c a w m" c E°12 c c ao s E �° o u 3 E o Q v w w v v L c a) t w > C m~ >, +-' m 3 3 'N E �° v W C w J Y ''_' 0 wE 'Vl O. w L O 0 •E -O LO -6 C uo a� M C (a a O _ M 'O c v? w `w Jo 43 0 0 c ..a w u C U - o w 3 Y •� 3 0 E N w a w m u> o a ,0 M° Q .°,.' 00 00 bA v 0o a '3 W N T w Q •UO m 'O c`n O E c m E L v E 0 w N o s+ O L v 3 •O a -o m '^ N *' O '� c° L a c p w ,, � c u� .� CO n.W0 0- o 0a y °3 m'M c o c v _@-Oca F°a tf Q Y m y CO N N U x m' m E H m VI bA w fO w n m C •-+ m w C O. t0 U _O E 'r. i 'n d lD O C +' w O C E O p_ m E= w w m C C o p -0 o aa) Ern u c w m a` w 0 0 ^ fl E C o w o a m '3 w + v o E 2 v 9 0. 3 0 c J c u w ab m w 0 m v m� 0 L N o r O u- o E o° c N w — v° Y +L+ +�+ N C ;ll d N C L C 0O >' C O OD C M C C •. w 10 C 0 N w 3 w U J w 0- w w> .O U L C J O '6 � a m m m °g tj 3 mva p 3(7 ` oL ?� > oC7 'tea v w C C Y O Y w L > �i- p_ i y N a m U v U 'Y Ul 1 w i° m by V J O E w= @ ,w, m a w w p o o� c '� c '^ c 3 :n m w 3° w C =o 0 0 0 o L U 3 c m E w o U w n b`n m L ti6 U f`0 U °. 0 C O 0 N 3 0 o c C W o^ a j w .o '0 u° ..a •3p 0 41 m b0 ° o o 'N a`) E a¢ ' OD +- a w 0 N w -Jo 3 W >- m o E° N "O in C C w 'o r -0" w .n° O C O w J '_^ C C O -Q IC, O .a m � +� U w v c 3 c w 3 o E°? a i w L o a v @ o o t o w w w Jo N o c L v m v~= — `i° 0 m F. N u w aa)i w v v aNi w �° L c c c o w w _w n w> J c- u L= °^ 3 o n ° wo ' w I— E u L� C •� C L¢ ~ -p i+ O C _0 9 N v�i O U i G U w UO O? U Y 0, w Yd 0. m m N N N 'fl `m 2 aa, i 'a O_ .�_ O 0 `- L' c :n c° C ba c Y U ,m, E L° J w w e o' .c c 40 c"Ci o wm° z UO E a N o o o 0 0 0 0 @ -. "a o °00 E 3 °wm° cJ� Q C E C c w L E o c a bn m> C O O 0 w w w Y ° w J w O to E U n. E p > U i F- H a Imo- v°i o m F= m o' w v �. w .� s W u J 0 v v O J 0 I 97 - Council Agenda August 17, 2010 Item 4 - 49 N U U s L U a N M i u U c U a v v v v M •vUi 'O U v=i N .0 Q U C vOi ° o 'a Q M a) Q Q > M L O fp y a) v N a) a) Y by p t a) C v bD 3 Q E o w 3 3 m M O c m F° E` n Mv ° 9 3 Lbo a) m _O Cui .O C 0 EO .U. 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Mp b`a MO -0 + 'r300 `2 N�v vUi Cp0 -�Oc- L OLO -OO bo owo= M •+ c o , 0 U:+0x a E E-C> E °° v ¢ > M mm ° Em vo a) °0M o w c M u 0) 'M v o LOv 0 L Q o a v n p v o o U „ o v a a v n v o 3 E fl vo a Lv c 0 0 m m y > s v a) H > a`-+ C J W O '�' L >T I C a,++ Y M N L M M MYN m W O O O v O Q N Uh �C U O v a E '�Vba U N °- 3 o ac -' o m E° v L° v m> v u h _ o > -Q y> E - _ U- `i o •v E` o a�i c> v c 0 M ._ m m$ w M 76 c c OD v v a U a ° rcb .p 0 w ac) 3 v m c° 3 v v= a v a v o a� c M c v M o U 0. c v +� c c .� c 0 c M v= p m U '0 E Q U *^ E m a 0 v M c> m a° c N *o M~ 'O E E +�+ v v N 'ro o 'a Q U v -0 m .Q m M> as E *' v c - u: E c 'u c M u c ,a o 0 M c U nn � M aCi L 0 a`i c 'M-' 3 N o c O ,� M 3 c 'a r u Y a E c a v c M c m o ,v, a E b0 M O O i E M O Q'p O m .` M M M E .O +' C M O Q w co m m a) M 3 Q a c v C U 3 o a> a c c o av M M o av o o v v a U 0 3 c w n av) w ac M° 'C c M 0 v U a M i 0 0 0 v c v p 0 ^C Q h E a o �0 > a`) 3 O rn F0 N +� .Q ' o vi c v v ° 2 v '� M c 3 M M o M v c i t v m o° a u O aj o ''-' H _o U v M L .� c 3� c v m v"i m a' v bC° o° Q c c .o c M o Y v U c o I- E U aaj w w U 2 3 3 o v v, 3 c y v v _ v U vt M u c acvo •v Y V m 0 v v 3 M+ 4 c c v >_ E v k nw a >O>j-°a �¢IL-FmQ�nL/)< mv°iii� e;om`v) P% M W a I -98- Council Agenda August 17, 2010 Item 4 - 50 v L y- 3 c v � 0 � s E v � c C C Q C Y O N � aJ � L 0 N � f0 > L 0 '^ a +� o C al p• c � '� al C °U O 6 YQj c m N fo E m s 0 3 av m a N m � m a O Y C (U Y O > 0O. al O on N O 0 0 Q O y N @ U 0 L N L N v 3 m IO 0N N N N ° E u � •-� * v 0 0 o o c a O N 0 0 ° ` E o N > U bA C O N T C O O > m O U Q. h00 c �M E 00 N C 'N 0 U W Y O W O C U O= 6 0 p -00Qj N c v a> 0 c � L CQI >i f0 * m -o ao ° m °p o 0 Y m 6 N C N ON C V) O 4 C O a) ce m a0a CL I -99- Council Agenda August 17, 2010 Item 4 - 51 o -100- Council Agenda August 17, 2010 Item 5 - 1 TOWN OF AURORA AUP-DRA COUNCIL REPORT No. CAOIO-015 SUBJECT: Agreement With the Region of York for Internal Audit Services FROM: Neil Garbe, Chief Administrative Officer DATE: August 17, 2010 RECOMMENDATIONS THAT Council receive this report for information; and THAT the Mayor and Clerk be authorized to sign the Memorandum of Understanding attached to this report between the Region of York and the Northern Six Municipalities for Internal Audit Services. PURPOSE OF THE REPORT To receive approval from Council for the Mayor and Clerk to sign the Memorandum of Understanding between the Region of York and the Northern Six Municipalities for Internal Audit Services. . BACKGROUND Since 2005 the Town of Aurora has been involved in a joint memorandum of understanding between the Region of York and the Northern Six Municipalities for the provision of internal audit services performed by the Region. COMMENTS The services of the Region of York's internal auditor have been very beneficial and bring an independent eye to the Town's business practices and allow the Town to share best practices of the participating Northern Six Municipalities. Continued participation in this memorandum would be of benefit to the Town. In the past we have. conducted audits in the areas of Procurement & Accounts Payable, Building Administration, Leisure Services— Stronach Aurora Recreation Complex and the Leisure Complex. The proposed agreement will run through.to April 1, 2014. ALTERNATIVES TO THE RECOMMENDATION Council may choose to terminate the Town of Aurora's participation in the program for internal audit services provided by the Region of York to the Northern Six Municipalities. - 101 - Council Agenda August 17, 2010 Item 5 - 2 August 17 2010 : 2 - Report No. CA010-015 FINANCIAL IMPLICATIONS Attachment No. 2 sets out the cost sharing arrangements for the memorandum of understanding and the participating municipalities. The cost is dependant on usage to a maximum of $30,891,00. The cost for the remainder of 2010 has been incorporated into the 2010 budget. CONCLUSIONS The services provided by the Region of York's internal auditor have been excellent. Continued participation in the joint memorandum of understanding between the Region of York and the Northern Six Municipalities for internal audit services is beneficial to the Town. ATTACHMENTS Attachment No. 1: Memorandum of Understanding between the Region of York and the Northern Six Municipalities. Attachment No. 2: Cost sharing formula. Prepared by: Kelly Gobbels, Executive Assistant to the CAO, ext. 4740. Neil Garbe Chief Administrative Officer -102- Council Agenda Item 5 - 3 August 17, 2010 ATTACHMENT THIS MEMORANDUM OF UNDERSTANDING made this 12010. BETWEEN: THE REGIONAL MUNICIPALITY OF YORK (the "Region") -and- THE CORPORATION OF THE TOWN OF AURORA (the "Town of Aurora") -and- day of THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY (the "Town of East Gwillimbury") -and= THE CORPORATION OF THE TOWN OF GEORGINA (the "Town of Georgina") . -and - THE CORPORATION OF THE TOWNSHIP OF KING (the "Township of King") - and - THE CORPORATION OF THE TOWN OF NEWMARKET (the "Town of Newmarket") - and - THE CORPORATION OF THE TOWN OF WHTI'CHURCH-STOUFFVH LE (the "Town of Whitchurch-Stoufiville") 1. Purpose 1.1 The purpose of this Memorandum of Understanding is to establish and implement an arrangement to facilitate the provision of Intemal Audit Services to local municipalities in The Regional Municipality of York, 432315/3 -103- Council Agenda August 17, 2010 - 2 Item 5 - 4 2. Definitions 2.1 In this Memorandum of Understanding, the following definitions shall apply: (a) "Audit Group" means those local municipalities who are parties to this Memorandum of Understanding; (b) "Audit Vendor Listing" means the listing of qualified auditors administered by the Region's Director, Audit Services; (c) "Auditor" means a person holding the qualifications set out in Section 9 of this MOU; (d) "Internal Audit Services" means the services of an Auditor provided to a Member by the Region pursuant to this MOU:' (e) "Mernber" means a local municipality which is a member of the Audit Group; and (f) "MOU" means this Memorandum of Understanding, as amended from time to time. 3. Scope of Services 3.1 The Internal Audit Services provided pursuant to this MOU shall include the following: (a) Operational Audit: An audit of a Member's resource utilization and accomplishment of operational goals. (b) Compliance Audit: An audit of a Member's adherence to legislative and. regulatory requirements. (c) Risk Audit: An audit to determine the risk of fraud that may occur in a Member's organization. (d) Performance Management Audit: An audit to evaluate a Member's effectiveness, economy and efficient use of resources. (e) General Services: Consultation and advice on the internal audit function such as assistance in developing and updating policies and best practices. (f) Consulting Services: Advice provided on an as needed basis at the request of a Member. 4. Term 4.1 This MOU shall be effective upon execution by the parties and shall be in force for a term expiring on April 1, 2014. 4.2 The Members may jointly terminate this MOU prior to the expiry date upon six (6) months' notice in writing to the Region. 432315/3 -104- Council Agenda Item 5 - 5 August 17, 2010 - 3 - 4.3 The Region may terminate this MOU prior to the expiry date upon six (6) months' notice in writing to the Members. 4.4 Any Member may terminate this MOU prior to the expiry date, with respect only to its participation, upon one (1) year's notice in writing to the parties. S. Roles and Responsibilities 5.1 The Region shall retain an Auditor to deliver the Internal Audit Services on such terms as are mutually agreed upon between the Region and the Auditor.• 5.2 The Region shall be responsible directly to the Auditor for the payment of any compensation or benefits. .5.3 The Region shall also provide the services of the Region's Director, Audit Services, or a qualified member of the Region's staff (the "Internal Auditor") for a maximum of 200 hours per annum. The Internal Auditor shall undertake such tasks under this MOU as may be appropriate from time to time. 5.4 In order to facilitate the provision of Internal Audit Services, each Member shall be responsible during each audit as follows: (a) to assist in the development of an audit plan as a framework for the delivery of . Internal Audit Services; . (b) to assist in an analysis of the need for Internal Audit Services and to establish the Member's priorities for such services; (e) to provide to the Auditor all written policies and procedures applicable to the audit including reporting relationships for each project; (d) to provide an appropriate work area for the conduct of the Internal Audit Services, including a work area and supplies during the duration of the audit; (e) to provide to the Auditor all documentation applicable to the audit; and (fl to ensure.that the Auditor has access to and the co-operation of the appropriate staff in order to conduct the audit. 6. Schedule of Services 6.1 Through the services of a consultant, or the biternal Auditor, each Member will perform a "baseline" risk assessment which will be used as the basis for the development of the service requirements for Internal Audit Services for that Member of for any other Member on request. ' 6.2 The Region shall schedule the delivery of Internal Audit Services in consultation with each Member and shall use its best efforts to accommodate each Member's requirements. 432315/3 -105- Council Agenda Item 5 - 6 August 17, 2010 - 4 Provided, however, that the Director, Audit Services reserves the right to schedule assignments as he or she considers appropriate. 6.3 In the event that a Member requires additional internal Audit Services that cannot be . accommodated in the schedule, the Region shall provide such services through its Audit Vendor Listing and the Member shall reimburse the Region in full for the actual cost incurred for the provision of such services. Each Member may also elect, at its own expense, to retain external audit services independently of this MOU. 7. Cost of Services 7.1 The parties acknowledge that the Region will deliver Internal Audit Services based on fiill cost recovery and an estimated number of hours. The total estimated cost of providing the Internal Audit Services is approximately $140,000.00. It is mutually agreed that the upset limit for the Internal Audit Services shall be $150,000 and that this amount shall not be exceeded without the written approval of all members of the Audit Group. Accordingly, the pro -rated hourly rate chargeable to each Member shall be approximately $104.09, subject to adjustments when the actual cost is determined by the Region. 7.2 The Members acknowledge that the hourly rate may be increased by the Region at any time after January 1, 2012 to reflect the increase in salary payable by the Region to the Internal Auditor. 7.3 In addition to the payment of an hourly rate, each Member shall reimburse the Region for any disbursements incurred during each audit, including mileage expenses, in accordance with Regional policy. 7.4 The Region may choose to purchase any available spare time of the Auditor with the agreement of the Audit Group for the agreed hourly rate. S. Deliverables 8.1 Upon completion of each audit, the Auditor shall deliver to the Member an audit report in a form agreed upon between the Auditor and the Member. 9. Qualifications of Auditor, 9.1 The Internal Audit Services shall be delivered by an Auditor, who at a minimum shall have one of the following designations or equivalent: (a) Chartered Accountant (C.A.); (b) Certified General Accountant (C.G.A.); (c) Certified Management Accountant (C.MA.); (d) Certified internal Auditor (C.I.A.); 432315/3 -106- Council Agenda August 17, 2010 - 5 - Items-7 or such other designation appropriate to the services as determined by the Director, Audit Services, 9.2 The Region shall ensure that the Auditor shall be available for occasional evening or weekend meetings without overtime compensation. 10. Payment 10.1 It is the intent of this MOU that the Members reimburse the Region for the full cost recovery of Internal Audit Services, based on their share of such services. In the event that an Auditor is assigned to perform a joint audit for two or more Members, each Member shall reimburse the Region for any time the Auditor is made available to the Members but may not be performing services (the "down time'), based on the cost sharing formula set out in Schedule "A" to this MOU. In the event that one or more Members elect to terminate this MOU pursuant to subsection 4.2, Schedule "A" shall be amended accordingly. 10.2 On preseutation to a Member of the draft auditor consulting report, *Region shall submit to the Member an invoice setting out the amount payable for the audit, based on the hourly rate set out in Section 7 and shall set out in detail any expenses or disbursements incurred. 10.3 The Region shall be entitled to submit a further invoice for any services provided following delivery of the draft audit report. 10.4 The Member shall pay 90 per cent of the invoiced amount upon delivery of the draft audit report. The Member shall pay the balance of the invoiced amount not later than 90 days following delivery of the invoice. 10.5 The base formula for cost sharing by the Audit Group for this service shall be based on the average of population, households and Schedule 40 of the Financial Information Report. The Audit Group members may agree to share their time with each other such that Members receive time in a budget year in addition to the time allotted by the base formula. 11. Conflict of Interest 11.1 The parties acknowledge that a conflict of intetest may arise in the provision of Internal Audit Services. In the event that a conflict of interest is identified, the Director, Audit Services shall consult with the Member and determine the appropriate means of conducting the audit and may require that the audit be conducted by an independent auditor retained from the Region's Audit Vendor Listing, in accordance with Section 6.3 of this MOU, 11.2 A confidentiality agreement will be entered into with the Internal Auditor and the Director, Audit Services. 12. General Provisions 12.1 This MOU shall enure to the benefit of and be binding upon the parties and their respective successors, administrators and assigns. 432315/3 - 107 Council Agenda Item 5 -'8 August 17, 2010 - 6 - 12.2 If any provision or part of any provision in this MOU is rendered null and void, it shall be severed without affecting the validity of the remaining provisions of the MOU. 12.3 This MOU shall be governed by the laws of the Province of Ontario. 12A Subject to subsections 4.2, 4.3 and 4.4, this MOU may be amended only upon the written agreement of the parties or their respective successors or permitted assigns and any such amendments require the consent of all parties. 12.5 Schedule "A" shall form part of this MOU. IN WITNESS WHEREOF the parties have caused this Memorandum of Understanding to be executed. THE REGIONAL MUNICIPALITY OF YORK . Name: Title: Name: Tide: THE CORPORATION OF THE. TOWN OF AURORA Name: Title: Name: Title: THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY Name: Title: Name: Title: 432315/3 -108- Council Agenda August 17, 2010 - - Item 5 - 9 THE CORPORATION OF THE TOWN OF GEORGINA Name: Title: Name: Title: THE CORPORATION OF THE TOWNSHIP OF KING Name: Title: Name: Title: THE CORPORATION OF THE TOWN OF NEWMARKET Name: Title: Name: Title: THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE Name: Title: Name: Title: 432315/3 - 109 - Council Agenda ATTACHMENT - 2. Item 5 -10 August 17, 2010 r N t'i N � 1tl •ems t0 O� r 1N� g o tG n N It R � r W N M •N a to N M. ClN• R � Oo 2 N M N A N e ea e A ems' N N eN^ pp� ttlD ayN N a+ p� C tltlhC'' ' b ,N 1NN� '�{Qyry tD lh N ttlCy l�{ptl� 1tf 'tl' W M dI I . k CU tC r� O O N 0 O M M N I W 5 r -110- Council Agenda August 17, 2010 Item 6 - 1 i TOWN OF AURORA AURORA COUNCIL. REPORT No. CFS10-028 SUBJECT: Appointment of Second Deputy Treasurer FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: August 17, 2010 RECOMMENDATIONS THAT Wayne Church, Manager of Financial Planning, be appointed as Deputy Treasureras permitted by Section 286(2) of the Municipal Act, 2001 S.O.2001. c. 25 as amended; and, That Paul Dillman, Manager of Accounting and Revenue, remain as an appointed Deputy Treasurer; and, That By-law # 5267-10 in the form of the attached draft be enacted to appoint both persons as deputy treasurer, and to repeal an old appointing by-law. PURPOSE OF THE REPORT To finalize the changes of the organizational review, and in particular to the structure changes within the Financial Services group, this report is to appoint the Town's new Manager of Financial Planning as a Deputy Treasurer, to provide necessary back-up, flexibility and succession planning for the Treasurer. BACKGROUND Section 286 of the Municipal Act, 2001, S.Q. 2001, c. 25 as amended, (the Act), requires municipalities to appoint a Treasurer, and permits the appointment of one or more deputy treasurers. A deputy treasurer appointment shall confer all the powers and duties of the treasurer under the Act or any other Act. During the budget process for 2010, Council approved a number of organizational changes, including the creation of two managerial positions within Finance, the Manager of Accounting and Revenue, and the Manager of Financial Planning. Both positions were to be Deputy Treasurers. Council Agenda August 17, 2010 Item 6 - 2 August 17, 2010 - 2 - Report No. CFS10-028 COMMENTS The creation of the Manager ofAccounting and Revenues was an up -lift and conversion.of an existing approved position, and has now been formally filled by Mr. Paul Dillman. Mr. Dillman has served many years as our Revenue Supervisor, as our Deputy Treasurer, and has also served as Interim or Acting Treasurer on a few occasions. His appointment by- law, By-law #4255-01.1-1, requires updating as it also appointed him as Tax Collector, a position no longer contained within the Municipal Act. This report seeks the repeal of the old by-law, and the renewal of Mr. Dillman's appointment and addition of another deptuy treasurer in the same by-law, using consistent language, so that the two deputy treasurer's have exactly the same language in their appointment. The creation of the Manager of Financial Planning was a new position for the Town, and was created to consolidate and lead the efforts of financial planning, budgeting, capital asset management and planning, reserve analysis, grant applications and compliance reporting, investment portfolio management, and strategically integrating each of these areas into a consolidated long range financial plan, being updated regularly for the Town. Mr. Wayne Church was recruited by the Town following normal recruiting processes, and began work with the Town July 12t", 2010. Mr. Church's experience in the private sector and his most recent experiences as the Treasurer and Deputy Treasurer at the Town of Orangeville provide the Town of Aurora with solid credentials for the position. To ensure uninterrupted capacity of the Treasurer's statutory duties, it is recommended that Mr. Church be appointed as a Deputy Treasurer underthe Act, and such appointment will include the addition of him as a cheque approval and cheque signing officer of the corporation. The internal controls around cheques and payment issuance have not and will not change at this time, other than adding Mr. Church as an additional alternative from the Treasurer for cheque approval and signing. ALTERNATIVE(S) TO THE RECOMMENDATIONS 1. Council could choose not to appoint Mr. Church as a Deputy Treasurer under the Act. FINANCIAL IMPLICATIONS None. No impact to financial controls other than the addition of an alternative to the Treasurer for approval and signatures of cheques and payments. Other statutory duties trigger generally only in the absence of the Treasurer for vacation or extended periods. CONCLUSIONS Staff recommend the appointment of a second Deputy Treasurer, Mr. Wayne Church. - 112 - Council Agenda August 17, 2010 Item 6 - 3 August17, 2010 - 3 - Report No. CFS10-028 ATTACHMENTS Attachment #1 — Draft By-law #5267-10 appointment of deputy treasurers. PRE -SUBMISSION REVIEW. Management Team Meeting - Wednesday, July 28, 2010 Prepared by. Dan Elliott, Director of Corporate & Financial Services — Treasurer -Ext. 4772 Dan Elliott, C.A. Director of Corporate & Financial Services - Treasurer V"1-1101 Neil Garbe Chief Administrative Officer -113 Council Ag nd i August 17, 2010 ATTACHMENT te THE CORPORATION OF THE -TOWN OFi4URORA By law Number 526740 BEING A BY -CAW to appoint two (2) DepufyTreasaeers for The Corporation of the Town.: of Aurora, WHRREAS subtection 266(2) of the'Munlalpal Act, 2001, S.O. 2001,•a. 25, as amended, (the "Adf) on, that the municdpality may appoint deputy treasurers who shall have all the powers and dunes of the treasurer under this and any other statute; AND WHEREAS the Council of The Corporation of. the Town -of Aurora deems. it necessary and expedientto appoint two (2) deputy treasurers to serve the Corporation. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION' OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1 • THAT Paul Dllman. be and Is hereby appointed as Dop* Treasurer for The Corporattori. of: the Town of Aurora and shall perform, from time, to' Ume as ngoasary, the duties of the Troopurer provided for by the Aet. 2. . ' THAT Wayne Church be and is hereby appointed as Deputy Treasurer for The Corpdiation of the Town of Aurora and shall perfo'mf; from, time to. time as nboessary, the duties of -the Treasurer provided for by the Act. )3.. ' THAT By-law 426&01.H be and is herebyrepealed.. READ A FIRST AND SECOND TIME THIS 17"' DAY OF AUGUST, 2010. . READ A.TIfIRD TIME AND PNALLY PASSED THIS 17m DAY OF AUGUST, 2010. PHYLLIS W MORRIS; MAYOR . 4 JOHN LEACH; TOWN CLERK N6 6-4 Council Agenda August 17, 2010 Item 7 - 1 ,-_ TOWN OF AURORA AU>R- IZA COUNCIL REPORT SUBJECT: Council Attendance No. CLS10-019 FROM:. John D. Leach, Director of Customer & Legislative Services/Town Clerk DATE: August 17, 2010 RECOMMENDATION THAT Council receive report CLS10-019. PURPOSE OF THE REPORT The purpose of this report is to comply with the Council directive to provide information respecting Council attendance that reflects members of Council absent, late and early departures and a public record of closed session meeting attendance. BACKGROUND .At the General Committee meeting of July 13, 2010 Councillor MacEachern provided a Notice of Motion requesting: THAT Council direct staff to prepare a report that reflects member attendance of all General Committee, Special General Committee,: Council, Special Council and Closed Session Meetings, and that the report be included on the August or September 2010 Council agenda. COMMENTS As directed by Council, staff have compiled the attached attendance summary, for Council's information, reflecting Members of Council's attendance at Council, Special Council, Public Planning, General Committee and Closed Session meetings, and also indicating if a member arrived late to a meeting or left early from a meeting. - 115 - Council Agenda August 17, 2010 Item 7 - 2 August 17, 2010 -2- Report No. CLS70-019 ALTERNATIVE(S) TO THE RECOMMENDATION None FINANCIAL IMPLICATIONS None CONCLUSIONS That CLS10 019 be received. ATTACHMENTS Attachment 1 — Council Attendance Summary 2006-2010 Attachment 2 — Extract from Council July 13, 2010 PRE -SUBMISSION REVIEW Executive Leadership Team —August 9, 2010 Prepared by. Cindy Janzen; Manager of Legislative Services/Deputy Clerk, ext. 4217 1411�11,john D. Leach Director of Customer & Legislative Services Neil Garbe Chief Administrative Officer -116- Council Agenda August 17, 2010 w w E v GO•nON-4 J W x SO•lDD-LZ � J J SO•lD0-L . w J so-de6-8L x 80-deg"9 w w J 80-unrLl X SO-unh£ w 80-FeWaz x 80.4eW-8 ME- 80-+dV-% w 80•�dtl•4 x 90-aew-U w 80-410j.69 w J 80-9aj-9 80"uer94 J x LO.000- J X J . 40-AON-OZ L0-AON"9 GO-100.9E -� LO-3OPZ X LO-ftlet x x x LO-daS-0 w zwunf-6 w GO-unf-S J w LO-LeW-ZZ LO•LeNFeL w LO-AOW-L LO-adV-L4 L0-AV•0 X L0-auWOZ LO-4ad-Oz x J J LO-9aj-9) x LO"uehEZ 16-uer 90-Daa-Z w r o O 6 a2J'O U D wo m N o 2wc1 qq K Nw J�OJ2 Ca o N u W <aaan-N' L7 Cn��c$ z gw' W ro Q owZ hOO uwnyeylelo P o o- P P P P .- P de0 filma lepi o w nv MWI Noi N W 1-1-1 N N N r O O N O]UDe�ffjuju N O N V OL-unhBL x w rg w OL-UnrL x X OL"6eW-8 J w J J _ O L-LeWp J OL-AV-az w - OVjdV•-8 x X U-JEW-£Z OView-Z. J x J OVgej•9L J J oL-Qaj•Z X x Obuvr-U x X x60-DOCK X X 60-nON-L4 x 60-AON-C X60-1-0-OZ I X60-100.9 x X 80•daS-Zz w x 60-de8.8 ea-unr-g4 x w x 60-unf"Z 60-4eW-64 -I J 60-Am-9 60-�dtl-LZ m 6o-+dtl-L 60-aeW-OL x 60-Qaj-LL J 60-gOA-£ w x 60-uef-£L J x R) x 80.Oe0-z x J 80-nON-84 w k U o y 0 �C. Z W P D m O N v s m 4 z O U �Mnn1 Q¢ O W N JOJ O (<9¢a K On a m N S x U K K Q Q U n a m N Item 7 - 3 - 117 - Council Agenda August 17, 2010 c w+ ' C dJ L U Q 90"Qej-9Z 89-Uer6Z � J 99'nei tiZ J -I � Btruef-Lz� J x ao-ear9 w x 9truerl x x LtraaO.1 w w LO-nON"LZ LtrnoN-9Z J J J In LO-nON-ZZ X - LO-neN-6L X AO-nON-OL x x ttrlOo-oz J _ w J LO-1001£L - iw AO-WO-Z x t0•la0-z x Ltr1O0-L x 40-deg-y x x X to-dO%-LL JC w x x x LO-daSL x x X LO"Inf,% J x x LO•Unf"LZ J J J 0 L-unf•gL j W w IM j OLMdV-£Z -' LO•JdV-91 x x LOJew•9z W LO-Jew-zz LO"JeW-ol X LO•Qed-ZZ w LO-0:1.9L x LOAU-C J x LaeOf-oz w LO-ncr9L j w to-uerLL x x LO-Uer J Ltruer4 x x zo-or-z W J qJ C W IIUU e (91Uo u •J F U U��NOO w' NUN �c VJ O N a m w = O V w i Q 000 0 N g w d wU W aa K< Q 9 �- 4 K ww CR N •{ WnISM IDIOJ N 0 0 0 a 'o o o dan LIJ031.1. AV-1-1 IUIO �mmD omMOc n 60UMV IEIO M x x x w 60-nON-L4 J x J 60•AON-91 w X 60-nON-L x 6D-100-9Z 60-JdV-Lz GO•JOW-C J w J 60•Jew"Z x x 60-Qed-CZ J� J 6tr9ed`LZ J 6O.40d-6 O -J Y 6DAUI x x XI 6"ed-Z J . 60-uah4£ J 80-oaO-9L x'x J So-mO-Zz x w' 90-130-OZ x -I w 8o-Inf•YL W 80-Vnf-4Z aD-yew-oz BO-JdV-OE X 8o-JdV-9Z x X -80 JtlV-L J 80•JeW-1£ J X J 00-My"Z X J J X 90•29W-E w J x 80-4e3•LZ J J �w O J rp U Ugev y o HU NUzi, y P=Y eJ pJp Wv0 -L 1!Iw QOJ W G2 faJ W pw W m txJJO 2j �I Item 7 - 4 -118- Council Agenda August 17, 2010 C N E u a 80-deS£Zj 80-daS6, w w 80-ow-a x x so-PrIZZ w 80•Inr-9L w . 90-unr-4Z w 80-unr-OL 80-LeWLZ x 80-LeW£L 80-�dtl-ZZ IL oo-,dv-o SO-JEW-9Z x -� 80 EW4 x 90-ged-9Z, W 80-ged•ZL w 80-uer-ZZ w LO.000-LL _ LO-noN-LZ x LO-nON-£L x. LO-700-6 4 LO-daS9Z X L0-dog-" x LO-Ontl-4 w X Lo-Inl`LL iu w w LO-unr•9Z w LO-nnr-ZL w LO-LeW-ZZ 10-Lems X Lo-,dnTZ -� LO-Jdtl-OL LD-JEW-LZ w Lo-leW-ON x LO-ged-LZ L0• 0:1-U LO-uur-o£ x LO-uvm 90-000-6L W o E5O c Zy `ax�u�0 08 m O M FN,-w 0 m diwU a a z a< I Ew w =' doe Alma lelo O N 1-1-1- MO O r r o r jw-191 Ie10 r O V M N N 0�naegV lelO � m N r N �- r r O V oL-Inr-£L w x OL-unr-ZZ x OL•unr-8 04-LeW-9Z -� OtrReWLL OL-AV-LZ w X ovieW0£ w w OL•jdtl-£L x - OL•ged-£Z w X Otrgad-6 OL•uer-9Z w w 60.0a0-8 w GO-nON-9Z w 60-nON-U x 60-700-Lz 60400•£L 60-da8-6Z 60•dos-9L 60-unr9z 6O-unl` ] w] - 60•LeW-9Z w w BO•LeW-ZL x 60-Ldv-B X x 60-jdv-4L 60•+eW-yL w 6o•aad-rz x 60•clod-OL x x 60•uEr-OZ X x SO�aO-6 X so-nON-9Z - 60-nON-OL so-�no-az 00.700•£L o .0 C O O m e u Zj ,u c a Ur V � N Z Mm 0 z J 0 W W N NWO— J (a9 0 i Z 0: UQ i Q m E1 N z a m z K y Eli Item 7 - 5 - 119 - Council Agenda August 17, 2010 Y C d E Y U Q dap ANe3 ke10 000 0000000 LV'I', fala N M P r N N 00 N 2anBe9d Iola N N P O O r• N o M r Ovunf-9L J x J J Ovjew-£z- X 0 G-�aW-Z 06-Qaj-bZ x J 60-AON-IIZ --� -� 60-AON-OL 60•dag-q X x1 x 60-Bny-9 'x x X . g0-unr£ X X J X - 60-LeW-9_ X 60-ady-L 60•JOW-SZ J J J X 60•aaW-£ SO-6ny-£L 80'idy-£Z J 80•IBWIVZ X x 80-UUr6Z x LO"AON-9 40"L0W£Z J 90-gej•ZZ 90'OaO.9 J y yq O Qq U C a K N a W S4 N o K J�J FZ-O(5 p W p ?� BUJ xJaJ LLQIJ W U�KJ vZiOz N NN iMU f76)47�$�L 'S dap Aue3 R10 O N. o 00000 0 .uy elegy lel0 N r r N O N O O r N 8]IIBSGV nIOA y# r N O N r N O OL-idy-Lz x x 60.00a-9l X __60-das-£z.-...x x 60•unr4Z -' 60-LEW-a J x 60-Ady-ZZ w 60-40j-9Z X -. X s6-ugrsz x J � � WOOO-LL x x x 8W"N-9Z X X BO•lOCI-ZZ X- 80'unmz J 80•Awn J so-jew"9z x `80-U0f e J w X L0-Oad-ZL X LO-AON-8Z x J LO'1U0"4Z X T x _ _ — LO-unrLZ LO-�pW-BZ J LO-W-4-9Z X J N y Ph m Z w M p V J z JJw�a1i ZQK 0 wo J �01 V U' 02E''2S Item 7 - 6 -120- Council Agenda August 17, 2010 Item 7 - 7 C w E L SO-Jew-9 !X e0-1ew-0 JIx x 80-gad-9Z X 8o-ged-ZL xx 80•uef-6Z x 80-uef•VZ00-uei`1Z xx 00-uefSL 1-1 1 9o-uel 9L X 00-uef-g w w LD-aap-tt x LO-aeO-LV w LO-vetl-ll '0MO -LZ X LD-,W CV Lo-�aO-cz � L0900-HL0900•ZLO•de8.8L EXI, xLO•deS-tt wLO•do" xLO-do" X LO-6nV-bt k X Lo-ln(`81 X x LO uni a Ito-unf ZV x Lo-4ow-ZZ JD-Aew-t LO•adv-b w LD-Mv-a x JD-jdV-OL 40-JVW-49 X Lo-+ew-oz L619ed•Ct w LO-ged•CL Lkgod-8 x x LO-uef-oC w x LO-"" x 90-oap-ZL � I d m m 5 w N Up OJ o ia' fiN � N O M �mucD z O k'E w y n 0 (qq7 Q K LD c0��s3 I z W 2 W S Q Q Fw. F W m U 2 N 60-AeW'61I ] W I e0-AvW-ZLI fWf (x I 60-AeW-9I I i 60-+dV-BZ X x 6o-+dv-G Ex x 60-JFW-VZ X�, 60-god-9Z x I J x RN 60-ged-VZ X 6o-9atGV fx 60-gai-Ot I X X 6Uged-E, 3X�X eo-uehoz fx; x Muef'CL �x x 80-nop-O X 80 000 X ON 80-AQN-9 jJ i J 80AON-9[ TX 80-noN-OL w . 80-10"Z w 80-1e0•LL J X l X 80-1a0-LZ X x 80•le0-bt w J 804e0-1 x x X 00•deg-CZ x x w 00-daS81€ x i o so-des-6 x x3 wdesz X X go-(5nv-zL x x strinf-9t So-lnf-n J Bo-unl,9Zl X w GO-Aew-Lz I x x 80-Aew-oZ X a GO-Aew-Bl x X f 00-AnW-e X X X X X W x w rso-AV�-Rz x p n DI Oe Jo .0500 U ry z WUJ :iL m f j 2�0 W U m �¢¢�{WK O-'¢¢ U' � 2G QS m KN U `G Lj z dap hDe3 Rlol��n yo.-v oo y L1f a14j RHO N a .Mw RolN G m N v N e- 0 N ;z ODgnMC x x Ot-unrOL J X J J OPunf t x J x OVAew-b OvidV-dZ x x DV-+dvuwww x w OV+ew•09 J X J x OVheW-CZ J J OVhew-6 OVuew- J J OVOd-E XIX W J J W O"-J- 'J OVgaj- x X OVm,n x x 0 L-uel`6l x x X w X 80-oatl-9 X W 80-aatl-t X _IX X 80-noN'VZ SO -A- -LL J x 60'noN-g X 60-300-LZ ' 60-100•Z X 60•dog-BZ 60•dog-ZZ X X 80-deS-B X x 60-deS-A J X 60-Bnv-O X X X I 60-Inf tZ X 60-unf SZ X 60-un"l x x 60-un66 x X 60-un" x x x 6o-unpz W w 60-AeW-9z .+ 80-�dV-bV z O o `u N e $U O 4 � UN 1 N Y? 17 �m�U'� m Y 5< 0 tlUw W 60z ¢ J Z K 2 u¢i R- ¢ o O n- V✓ 4i�i� my0 .l -121- Item 7 - 8 Council Agenda August 17, 2010 ATTACHMENT. 2 AuR0RA EXTRACT FROM COUNCIL MEETING NO. 10-16 . HELD ON TUESDAY, JULY 135 2010 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 25. Memorandum from Councillor MacEachern Re: Notice of Motion Provided at June 15, 2010.General Committee Meeting Re: Meeting Attendance Record Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council direct staff to prepare a report that reflects member attendance at all General Committee, Special General Committee, Council, Special Council and Closed Session Meetings; and THAT the report be included on the August or September 2010 Council agenda. On a recorded vote the motion CARRIED. YEAS:4 NAYS:3 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, and Mayor Morris VOTING NAYS: Councillor Collins-Mrakas, McRoberts and Wilson Councillors Buck and Gallo were absent. EXTRACTICORRESPONDENCE ROUTING INFORMATION External Correspondence was sent by Council Secretariat: YES NO X External Correspondence to be sent by; ACTION DEPT: CAD Building Corporate Customer& Infrastructure I Legal Parks& Planning (To Director & By-law & Finance Legislative & Environ. Recreation & Dev. '& Assistant) X ACTION STAFF: (If other than above) INFO DEPT: GAO Building Corporate Customer& Infrastructure Legal Parks& Planning (To Director & By-law I & Finance Legislative & Environ. Recreation & Dev. & Assistant INFO STAFF: If other than above -122- Page 1 of 1 Council Agenda Item 8 - 1 August 17, 2010 TOWN OF AURORA AURORA COUNCIL REPORT No.CLS10-020 SUBJECT: Pending List FROM: John D. Leach, DirectorofCustomer& Legislative Services/Town Clerk DATE: August 17, 2010 RECOMMENDATION THAT Council receive report CLS10-020. PURPOSE OF THE REPORT To keep Council apprised of any pending issues originating from General Committee and Council meetings. BACKGROUND Attached is a list of motions and directions from Council. The list supersedes the July 13, 2010 list and is intended for information purposes. The text in bold represents changes in status since the last distribution. COMMENTS All outstanding matters originating from or referred to an advisory committee are identified in a separate pending list. The advisory committee pending lists will be circulated with the respective advisory committee agenda for consideration. ALTERNATIVE(S) TO THE RECOMMENDATIONS None -123- Council Agenda August 17, 2010 Item 8 - 2 August 17, 2010 - 2 - Report No. CLS10-020 FINANCIAL IMPLICATIONS None CONCLUSIONS That CLS10-020 be received. ATTACHMENTS Attachment #1 — Pending List PRE -SUBMISSION REVIEW Executive Leadership Team — July 28, 2010 Prepared by: Cindy Janzen, Manager ofLegislative Services/Deputy Clerk, ext. 4217 lav, John D. Leach Director of Customer & Legislative Services/Town Clerk C Neil Garbe Chief Administrative Officer -124- Council Agenda August 17, 2010 Item 8 - 3 'ATTACHMENT > 0 EN E E 12 00 0 FEU M 01 mho a) 0 0 0 0 0.5 2 2 r C 0 a CH LO C UJ 0 0 P, r 0 co, 0 M 0-6 0 (U (a CO 0 0 0 Z k jSU Mir M 0.- 0 Ow --. ' r Oa PE' ga Z- 0 0 Z -P ,5.1 M 096- 0 0 -,t p 0 MO tr > E ZE 0 E 0 M 0 0 0 z E 2 0 z > T.1, CL 0 'E z Ix t4 .SJ -0 4) > a) IL '6 :3,C: r to *0 .0 0 I- Z w 2 n, AF 0) z 6 w E - = - .S2 E� r: = to M EE fu r" 4) a 00 In a) 0 a) 0 < E 4s M 00 0) CL EL- 0 E n Z5 E 0 EL2 0) > ID iz- 12 L-G 4) 0 a) 0 p) 0 V 0, 0 0 .6 r 0 w "a 2a 3 = E 0 0 0 o1v 00 X 0 0 0 > a) E 66- (D W'E 0 m E 2'- =wd- 0 0 0 E E E 0 0 0 12- 0 0 E 2i ID C, 0 0 4 0 0 ID 0 0 CA2 u 0 ca M43 0 0 r CL ID 0 0 �-A cn� 6.0 0 0 j E-2'j COoornOyl 0 C 0 E -0 E P� a) r r 1! 0 Q= w " 0 a z @ " to a 0 '0 1"EUZ7�3 0 LL 0 Z M w E M = 2 .0.0 w 0 0 0 0 - % = — 0 M. 0 0 0 0 0 0- 022 2i 0 0 z 9O 0,4 9 C� 9 M 9 4 C? O O p 9 CD O 0 0 Cq Cq Co. in M m m ED lYa > M M (D U) z z z z M LU -125- Item 8 - 4 Council Agenda August 17, 2010 N N 7 ✓ Q O mN (D E W C W O NU 0 F -�iU UK� E O L, c L d O ,C N = O c=C cW o'm oro sREaS 0 o� m Z ° r ap rn� am N a O) O) N L G C y - L N O O) N'-C cE•'8d. WE t 0 8E o❑ CL 00 000=Eon N O G V M C 00 OUZ Y o I m 9 m 0 0 0 r O N r CI N rt z� z -126- Council Agenda August 17, 2010 Item 8 - 5 m 9 ) �3 RAN M, Y 7f Y N =E "v3 �v rz m �r Y Y � m Y L m i� )'o -127_ Item 8 - 6 Council Agenda August 17, 2010 I @ t _T O N F- O v 2 C 0 a �v a> m 0 QSoE0 [ifp dU NU m rn O N N n @ lL O U O T O vO WW O-@ C3 CY a) N QN@ @O Q O CO@ N•o MiE E w 0. 0 �v @@MC 'Ca @� U., o-U, o E U'm@ U.oE M E(D ooEE 0 �.E O C , 5 o G C 'C .0 yO O Q y C @� n Of C 'D O1 C0 a W U W lOaU �N T _pO_J 'p)C @ @@ W C `O NN O j O.` E2 +t'd @>Cl@' U CK N '4 .'C.+.@. •V 'O O O C ��-' O O N d N@ C 0 >@ W .� E>{p a G @ W d (J U W T !U f1 2y@� O� O� '= C_ Q N O O 0 a@+'6 C tl1 @ 'O N W @ CQ y„' @ Q w E aa) <'U N `' O C O N S @ +• W N U O'� @ p a y N O w N Q C C °E@� O a Z@ W •O i@_ �O> c6 'gym i-a .0@ @ O 'O E W J.'A W Z @ C 17 E N r. .i9 .9 Q V d) U U. ¢HtW��on a o@a dY�zUvdom F,6ro 3am �N2�� DEtnEl- =�.i am � c N o o 5 M U E C UU �O@ U� O@� iE O Q Q U G U cv p� Q� Ln,E m m 6a� C0 N M N (D [t1 O O W O O O � O N O N O N -128- Council Agenda August 17, 2010 Item 8 - 7 0 d U N O D L r_ LU 0 N W O) N X N G O C'C - 3 V W 6 V O W Q�j U'C N c E 'E �° F 11�o m y s M 0� N —0 0 m O c E > FL' N .mac o ".' .p0�, ,� Ol,.�-- 2 W oWi .n a r' M of M .LO-. O 0_' N $ W C b5JJ y N d c WMO r/=�� N O N O O C _ O O N Z5'CS C O- c0 c 5 4 N p c �'� p�V �CO t�Y r3 TV fE CEYE 2E NWNraEdC}g W. .O ��y o 0 o.c `°m3 EO W W=c` BOG N W Cp .�oE 'n d� .BU a m �� 0 .�O W'OC �-0 0 mtg _v -OW15 .0 Q m Q 0 W w T9 L W E` .- O' tl; V a ..L., C 'O !0 'O O Uin�aoirn�m£m� y.�U O C o >> N �m.�._ O 3 F°.m.��N�a N G= a E N O E W Uaa j_ LL_ E E ,,Lc 1- .'c.+ E N W FL- ..5 Q W Ft-[ .0 N _T w N 0 9 W Q Q O U O O> 1' 0 E OUF E T N W 4] N G C Q O O O 0 Q U W _a "m r� h N11 P O O O N � M O> U� -129- Item 8-8 Council Agenda gu !17, 2010 2 e E )' _ C" /f }�\ \ �� k#20 « \/^�� \ > 0 3 ) -co k §j », B:E k ()I a@§0M / (D M ZED . t$Z-! ■§ER# 'E . 2{22\ ƒ) OD §\ -130- Item 8 - 9 Council Agenda August 17, 2010 i m m o . @ `oN v w t o. c N roo @ U m m @ .y �. 3U : r. - E o _ m aic?o� 0 3 Ncccoo t a' m a`d rnE h�_ o 3 t y N ,C C@ v @ 000m P a� W 6' v3 U. $_Q�'� ' � ��} .gym:: _ ;. m'Q Ca Vi:C W Eros Em o O Nrno E 08 Z7F- y rnZ in olZ c- E w Z vrpA U O@ U Ul N N N W C "" 'O N O O Ol N $l "-'O Y N O C O n -- OrL-. 0N,m�5oo 922N.cpo (0 d@ 3ro No o �yi O U U O' d U Q '> v C N ro F N .� N ' U p yCO L %- .ti.. O i 'w-' d. U E O N p a N a . N 'S ro •3 a O O@ 42 itl`mavOC I.mN N b1 n o w C �E c O 'D 0 5 i`. N O COo 0E.�°0 � d@ �U.o�- Ql N 'Ua«road w ,O v s VR _ U > CID U O ON O @O O@ O}C 4l- .. @.4 UF cO L L—OUO FF.UC .0 NU FN :O .N+ v O. M. U4SEn S 20a2 g6 `2C� wO QL o x Z`L N fl 4. mAp U... .'.-'m o0d-� fo m ro '} O N O_ N N a V N L ro M�'O E N O'� N=Nr.—@O @ Y VE_f@ ¢vl a� - a V o m m o F b N= cUi n a 4 o ... M ❑o0- 0� c oro �m Y(0 W YL� CO Q 00 ( ENOroai O 0) 'a OGC N ON ND yJ' �V C^:pm J ul a)Uc�'NO (JZ o Ca W (O/J Olt:. M,f n C ++ a` 'C N ¢¢ EO'O 0 OU N c0 4 N S4 �Nx1Y d' �fA' ~�Wd(n(0V �U p-LL m aN-UN 4 O Cb- O N N N N Nl, � E m' A O sM} cam- CO p� t) N t `. Item 8 - 10 Council Agenda August 17, 2010 U v rn 0 4-0 �j 15i N w a 4 J � W > C E m E m E Z�ti o Np U. E O W V N •- ,� m fry Q yO U CO U N J(A N JN U m Wm •p O� U >� N N C.0 N C a 'II tC �j..; N C N O 10 O N Q O 4-1 L+ O 0 .O LLi is C AIL N"- `�' a O. GT7Q C •U 'O ;%N_ d �� •W m 42) UO `fie- d�o M2maco� mE Ep=3U e� a •��; U m �.,,vc cmc o om C O N' p A U G O C yj C N N (� O 0 O c F 0 N �. a N > - N . C O) ap- Q •C U b1 f0 'O C O 2 w'O fO C "O N C N O_ 'p3p N •'� N_ 1] U w N OO. C �rt� .is N C O_C iz ` (p O N d O E W y O m �- 'r O 9 N O U' m a ••�-1-T q E��ac UmE<,z a�-a•>am`�mfi. o� d a•a�:aq�.2F..aE'oa •�m,�pi'a^.m ._13 W. mw"'.�NZNmo i'0wo 0) '-N-o (�o o � d U c 0 Q*� •a .o.. U W a m F � O c i F- L aci Q� K —.5 -0 ,_._ > :�.c s ;vim 1 zoo � mo wy� o�._., m . .... .. ...... .... .. ..... ...._...a ,n ... m m F y •00Oi .. c m K F a j o o 0 a ma r off; N a -4: Qua E d c o c }omq 0 vc w°1Uo E a. 2 o U)ro d �00opo�O a !W, d :.: u• :cO Oai $3Cmo« �to amw lol .. c'uo 0 E -• . 3 E E a 0, �° E 5 0 0 I-o •°%ate U`oQU N�M�VC7N .¢bE o r O O 6 g v w N N N N € m > Cf) to N tv ; 0 J OLL J O m J J m 1 W 1.'• U ti U ... U � Z U U 2°°=olzf_ -132- Council Agenda August 17, 2010 Item 8 - 11 M M R ° C C �.. y ° W .rn L V E .x °o 0 Wm 0 O10 =U o U °'C :" o°'yo O N H u r= E 5NA°UU -133- Council Agenda August 17, 2010 Item 8 - 12 N , iDii •� o m N O a ¢ a N p N G N E a m, V -a Off MU' Z a d�croin C W a� rn oroNa°p EKE rCe = IO ro U w3a ti`rn aoocaDa a¢¢ rr � zm n. WOroV�ti�C! N O O r N 4 Ntt N N N N CO 0 _ p N 7 � N N COY � - US -6 KS .6 y' � M CO- U LL(n ULL CO U W 01 ULLU) CO C w N .,L.. N ro D m mo da' � cp 3 oN o-a �� vro vy 00 D.�o� c ao cnEo °�°�m m �E road � o m c4 dj 'ma's' "c po '�' woo > N N >coi '� L '�- •owdodo o o c c „_. O oE❑,�� cm m 5, _ O 00 '� @ N N A N ro'r w C O a _ra 2 p_ ro N Oqo y 'Y J co Na .� E ° a ro m 8 o oE c o W w ova a'a m w :. � .okRllu c c c�c'in c �'a c) >.a c� U e, - . N o N > o N -D o U 'E rom ¢4) w mro m ros(D '-was . i mE°Uc a c�z m rooms Uw c �.cm Ca)E o. mD+"�mm m`��is�.car a 8 c�.Y� �.nECLo� 4) a) mUD L�c N m mq. zs 2 w 3 aNi m a ro "' O °a. n E N s m aSW `� `m roNzF =W0�' Fc�rnU c n Fv Q ¢ o Sr M c pL m c¢ L.�N2 3 c E NOC a •- a s T`>OCC ¢ a ro (20, T�NL OL .. Tro,f, ro TC Ly U -� ,}60ro NUa F-O.UFO F>aIL HF >mm FWDU0.0 FNO F—C%� UFs ,f LO ro _ to e ro :a .. ..`m ..... ..... .... .. .. ........_ .. aw (COJ..... E p CD OCu J ryq.. Pm40.m p C U a m 00 E C UroT O D .k O ro LL k W � N 0N N CO N � ro N '.'Tot, O LL O W r+. wO O r N U. v M 0 N t,.; e� 'tn O _ a MtI 0 0 o Q rdo p O O O iC N N IN N mw eLL -134- Council Agenda August 17, 2010 Item 8.13 E m m o o O N ad � O N' 1 C I- U 9L Ero`� LQ°Uw U -roil UL_CO �mw �vmc�ow�oao oar000.o3c M'-a-Ej oL _O o.Uo rote0.(a1> �o.a< O C c o N—Oc E Lo n-t-c a'ai '»y�.�a� rn�Es>o•ow3 •cN.xorowm @ra�N woa3on voomd aW E.- ca ao '�aci cicoco 3.0 Fow m.ammo cc=N$8m }?.a VE O O a') E Co x <O ON E fl L50 U fn v0 0o'806LiL . oca..2'mm LL C •, O- z8 ui2m .o .c U m N m •, :P N m0E m w 'U a) v C N N m .,.. _ c�U0"Q� m o uoe cC ' 1<c._�E_ omrnn" l-�CS I~0n8c'� wE . N �� -HUNNRspMNO O F- U1AU E O W C U U O N W R 8 U c a' � E R` a w M m t co c o m O I Thi � m i�� LLU O � N O O OO O W O N N UOf (LLjCK� -135- Council Agenda August 17, 2010 Item 8 - 14 A ,p M cy0)0 ca y C N� +�3y°Ev C 8 c a 1°z0 UN uU a p o N N T T � O C Cd O al V ' `uZ O C U CO O C ,- Emz D@.KVI UILW UiiU) @ o o o a ro o ro c d N fa U Q'O w d N y C O ft/0� C OO O w O ` a) in ro U .0 0 C U 0) @ d O@ N O N C C O@ O O@ CO C N @ C @ T M O @ O O N Nn@ y O a+ @ Y @@ a ro al >> @ E Epp — a a @ c •o=;w(D nmv� ma E43 cci .•ca oEN E`wo o rn @ E ovc m' y ro fl 4 d 0 Y U m m o Lam_@ c°cc o Ca m �kN m C9 a°iLCL ro¢ v+4�o @ ¢C NrnaN 00� ❑o•- aa UV0r NO O v OE3 0 Qma—'oo tmoorocOw f E�mZE� �C@ma3 xSE5!2 o,ox a' L @13 xo rn@g@ 9,@mo h0E-@N z F- EoF- ru.am aa)i�Nrnn8t0 N aT m 'O @ U v C7 m C OC G Z D a N .E E m =o O es EU a) E a o H c U ca o o� ML° C-o oQ o N � M c c O o U E q@ q @ LL o LL M a ov Uv o cd ro a U) n LL a v � p o O rn rn o N N N Mph Nap M M U U� N C�>� U- -136- Council Agenda August 17, 2010 Item 8 - 15 � c a o 0) '� a 6-DoC?+q r.IMW C N q NMa N 0 0 ti LU m CC m No w0 O qOgNN J2IS'S `3 Oy� Q0.m OW U�C LL N O 3 VY OMO .2NN 0 NC N iNC .s00. tNLLC � Nr w° 4L q O C a Q - U°2 N Ci OO (L N U) N!7 6,0 •Ow O O r O N < N T N N N N N � 06� E2 m_ dm 00t' 2 cZ co'Z G 6 a o'Z N L OI ° Ct) �ll i 0 m �V) aYcy oM �ctl>N W LL. U) m .� M L O m N C O C O r O V d 60 m 0'ou .L.. C m•° J. Mo y3aga r�cgom -UM0 v)7° 0)v°-)ai 00rm ,4 y- a° N N Q YC� °5 WL yOYG'41 4LCa+ CO�HC OCCC aaLiwH. ) C. 0. 0,0 0 0Od qwN L E N 0,0 7w.OL 0 LCD 0 O C wptia-AOCO NW C d rt ' CMCO . �5 Wa wO C w a O.O. LL Oa E C C ° aa Zr Oqa 0) a CD .0 > M A.C4 9 wC M C v}r NO°L 'O mawO. °N °q °LCv N'C a L'mO LO+LO 3 EO� 0. C C °° oq 0;ft a 0 c 0.00 U L tQ N oC+ O S C �M ANC 'Ew a 0) F a16i �F'a,•q Qtt60 a qO m o.do QfZ.¢ to 20�L 0tME zN M .O N0 OC a LNOOONvO OEa. 7 d d' a J UJ G N O) b '0 � C O a> IF=° O L CO 0 w00 20 M L qtU ,,V a� as N T 4 9 O O p T r N N O N e+ < m in d to tr d ma -137- Item 8 - 16 Council Agenda August 17, 2010 -138- Council Agenda August 17, 2010 Item 8 - 17 rod c o a � O.� ` v0 ? 9 aao E c or U rn m S0000t( c M 0 co 9 0 T N M y N W V Ow J to Z IM �MO.O�Wt,` tiV ,• . � Ube3OU� .0 „'oa C'MIa.0 a m i mUQ(j C .c a �-0E� a �OUOwi3 Eo m 'O N Y• c N 'O C •- 4 w ?. C m y 00 0 3 a'r7 0 > �Eoc.oc�m.° od m 0 tgwm° yawOrr+'M A.vC m'� !) •'N N _ O C W > w U� 0 o E m T.. u fz �.mwCi §a IJd 4J d-a€E7-or Eiw r Qo EO S 02 N 0 0 0 d O O V p O V pp ti%O F-r F-M UFLU NU L>hO Q•C O s.0 •� o C a+ O Q u °. d c 'm C � T3 o cU � y E 'd a c oU O b T N JU M T n O O T T r J -139- Council Agenda August 17, 2010 Item 8 - 18 ° ro o N T m m OZ E c O C m Ec A oc - C y a n`m C Nc ro'a m� m Da> mw0 ,vim To '3N y .� �oN5o ocm(D'C c :ac on 300oo'>s ro m-m Co mL ma o ova N N N CV d aD O CO (q O O N O N m C Y m m N C C my () 2 E'��- O E mro mmm VI N N GU C.6w B L6O 0 mmm n a�w (0mm Q. XCO •cU mmm amo Ew$>: v 3° o Etc o 0�'.nOw mm oU m°U° �n+• o omQ s ..cv `o SF-i ,v c O E ma) '6. M W✓ C o a N M° .p m` �1'.' C m C m m �mU oam o=N.0 m'=am rn. d > 3. ID � _3 -o .,., c E 0 4) .c o y mn;m`Nvaw ..e�.vUa`>tE arnc•3c o° c Nmoo �'-° cyL�+3m-y coa I•- 9 F U= a -p 1� y C C 3 C N tmn m N .«. O m E 7G N fA �.. U N fi?p m U l0 00 �._a0 c4 �•��-ca Q 9 (DN FL-a.Lm.0 HU CO I=-.H'rn 3: -•3mm b c m CU i a m. C . ... o. ° ... v.. min .. ..... O N J .G C m. rn arm �� CS E m E� o;c. "S C bl U •UI m J W �w 0 1- N U J C H m j O w00�N O G O O �4U M C6 m ID O Go U) O dNUN 00 E C m croi OT °N o E C� pQc ca E 0QD Um. J? C >F E �7.0 I -Or r �a4 OZN�w _0wW O CO C11 N NN N o P N O a0 O O r r W aD 00 O O N 4 O 104 O IN IN N Div N ins N p m a. Itw m� as a- 0..� -140- Council Agenda August 17, 2010 Item 8 - 19 0) W C 1 W a W cC, J 0p o °' ° N w O aE N N+ O O N O m C N 0- C C mom m m U mQQmQ,�I w m V m m Y amain m N p p "M m m _ (D f6 a3 0 x m m m m_ E V C m Y Q W C ° U -p O O o O. �'c .«�� cmi ..m.. USN co m mw m a'S� m .n� U fn m E Em"� 7.sbi MC maili '"M o 3E ° O E m m O U 3 v � -L a C,N� OOw Uom mm SMO m'� w CO a3 c m F- o. m. F- .n to y mm 0 V.'% Q p Q m¢ 2L L m U U@O I-mo`I ;N NCIOm mom mfi0 �ql v�y° �m �mQ� N�m�•NE �E cnE 15 o m N p L Z Ln me p U 4�°• N O m0 0 C m° m N ^ri' of j U VI 5� E m A m'�� o p� o w a N N O I� N W L'> N 3� N'° D •OI > d Q (l b C �m �m, t6 .c N �,Q CO0m1 oEN Urn m� ,Q pVI-°°pUcO m C am �C W.O O N U m CO� Wa�a NON mN mC�m O am +U>,L. LU:5w.S �vZ N cy O N O tp p r 0 0 i QU NC-4 N 111 0 N CO p Ofw KK m a- a' aK Item 8 - 20 Council Agenda Agust 17, 2010 -w w pQ �� CL o w m.H $ U a FJOO .c 00 aJ^N, m aCNr•g�c�m �d ILO Ea 0 <O:E 0L U m m 0 o ti CM M V) T �. � O � C 0 C W W N W� ro a d y r W N V 10 a0:) aWU) a N pa.,CE C- O v O w d a ro= A `p c A)'OO p ro 'aw ai (a 'e�f m �- 0a 4 (1) a O.Z IS U 'O p.-a. N C O W L 0 d N .0 0v O 3 N �.0 ��y„t��U a �`p Y'Wt�60 W'O 0 �c a OWo ro a) C(L a Q p; C O N 'O_ a W vN'O O. EA a w� o N.0 N 'O N N v d N 3 0 Z@ W W> W O »o N W Q c 0, C •i6.�p N ..�+ 00 ` aUV. EZOLWCQW•U� pp N,EY:VC E.2 d)m'N C U b�l LA �55�i1 .N-.. W w C .0 O .0 0' O 0 p E O,G G O � 0 m c c E E w� O Wm d ro ti N C'�vp.0 c n a� W m E O 0M 0 CLU) x p = t0 d.Q ro� a �p O v C Ul a a ro 0 N rn N —O W V 0 E y ny d a U=v G w'O O W (!� �5 .0 7 N V (0 ', C a w U Q U w�'f .t., W h 3 Y h >_ h 00 t N N .0 N'c p E W N = ryl .9 W m �.= CD a..Uc h4r3�0. YEro!-vC]U v m .. 11. .. a .. .. '. ..... .... � Y F t W � � U) ro LL 1 C. a 00 a �M CM O C C (0 6 h O O O .R P li 0 K N N � � O O O Q � O N O N W ? (L a � -142- Council Agenda August 17, 2010 Item 8 - 21 Cc C O N C 0 j �korn� c UI- UC CC U d R ¢�co p E 4 V .Qo Eao 0 Imo- 1a 0 a I=- 0 N d Z N C 0._� c •.°a y m ku v ro ro m m a.Z awn amwU) -ID �(D.�@ 3ro omga•c�. �ai ado m E morn .-��..�.% rn �w caai-0 a ca �n-m. cLL v E.NZ N -� ,Eokm o `o >o .-.� p N N C p N O o a 0 pp U ..L.. `9,'C N N S O m E Zw._ mm 2 v�ro� c°�' o oE..w o o>,md, m�-a O ai oa .o co o""` m m O .dN(q OI A o� J w.., m m >aa 21 a a) vOv a '0 a +.aro >21 tit C C� 'a>-o•-''a5 ro a>o m�mU aNOtO Rm Om moo M a�lOro M �� N..'O+ C�c>mc C'o o m co'o. C> .U� YEE oC No o.o U$ U� dU a-om Q�>q Qm�w� (6 aa:Z� 4UQ�Q ¢E F mn- N N O .J Fea0rLL O� O F0.a4N Y x c F m N � O FNF�� 2 y O 22 O S a N vMU hU F-U F co03 c 'QA N C U O �. .. _. .. ... ... ..... .. ... ... .. E O N. a C% = E Ua m � ra m ro Z � rnr amo EF"o I,Y O @ N O z 20 O o_ a Q O N m U N 0.p, .ate � N 9 30 a N N O O O p N p N -143- Item 8 - 22 Council Agenda August 17, 2010 v m w :. 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'Cy ri A U5 ENate+00O ��pC u}U h�N'a�tll 4�ZN (U O -144- Council Agenda August 17, 2010 Item 8 - 23 m o E•L--' a m w,0oo rnu-NNoa'mm a Ec O QUm ac o QOl of ai>OL �'N ma NQ 3Qfl�roNm `4wEC F- Qw °U�`7 :o0piO>a) °V o OR ° cl woam2y oD NN. vN —N wa amma03.2 ¢O O° F Cam z�c°rno�c�°i N (O m O O o i N N N N N O E oif E U W' m a O"0 O° c aN O 8 Clfl W 9.6 d N w w m N ro N N EL co n•Oco RO(n _ O N T _ N C ttN Y C po C N T C .4 G c ago r C 4 UI wmcwn.c JO •Qo Rom -° cwE .p m>.w m 00C=E3cr-j ! >� 'tom m'vim aao� mmcopmaN�n:E 2v �nm �,�'i 9a n.C) 3 N d 3 O C rn O ta C O C� w T w C U 0'C a a U a w N 1 2 0 'p O N N m .(@+p p c m 49 c O W O ._ O m m p>� ..'�+ w w •N C N 7 T O w w iV m Q O ,Q N N m .—T Ewa ' w J N O U O- 'd U q V O w j "O Y N d.c w N !fi w C N `p, fA O cr3r�n ro K'� U N0Q.•o EUm 'C cu �aa, yE .cw oc roi_°•Cw=pw trdU O�c-c cw w Qic ow atb mww.l3 ow o .4g r- 0.+. 1p p 0 3 4 W +J ctl�oc w 1 .2 w V� N w mT n. .0 � w O O C 02 a 0 0 � a-,. � N O O. 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W M O a 2 C C .� ` b N m ° >Cw OEW M O aNJ Z � lN c .0 O O c= pNN M EN C M N 2 M O= O N co oN CmE2 o .oco w° OM N� VE n � m m �' •� M aE -CMa a o M c a°i Co N:c ap-4D acc c nE iu Mnmoo rn M` rE ro•c M...Mmam °mwaNi c Cio- .L,C(j° C p 31:gn F-� Ecm Q of > F ¢ C H'o I-N ¢ M `E '- Q p z_ M O .L+ . N> S M E o M S N m M _J 0 2 0 S N m 1'^ S O }- c •0 n -� U {-'t IL' M F- .° +°+ L F- M .- ...0 .6 . C" `�• N m °QN�`oM 40 3 o m 9 •(D E v a.c..�._.._o....-.moo..... rn ., ... _........ 0 .a,�.E a.U.. .. ._. .. ..... ...... _.... .......� o. m M o mp N C C¢ c ¢ Y V O 00 0 N yaE��E Ma oV m n rn E°Qv.co avam r v' i MM 'E 3 wrn 4m n�Mirov Q> �aamc'O E:� 2N W, pM aco OQE � v L5i o uia5m dEcv30p m•090 co N O.CM >810M U ti NCQ E NZ°'cO.5 2 N@ . U M c mENo m�maaa�� aiacMM�ro� a(' rN mlio00 U)a�a M N t O r O V O C W O O O O N N -146- Item 8 - 25 Council Augt.Q+ Agenda 47 9010 M1S r N a — 'O a w49''CmCooO 0 =3LroW 'CtirotlOof L�o�vm� oVoawo� M .a +ocQo NhNwomS �J°mymm1i ys •wE3o o a •ooLL LL aii wo � :- c6 wLw_o C'a O `�LNa)T9O N N LL Aa°b Eo 'avmCN E oN.LN � d—pOU. m0so0 oo�O aa[ Us UNOCC 0 .amrEnro O_ac E L e0vC4 my2- - (7i:3m ¢a o v ROM" N O { r' CN G W bIL IL ao 'O aoin maw c n Ul c W.q,, OD e -U N yy. V N y COe L CL w W O5� i. m m m ¢IZN m v V ice memo F-mrn F-ac N Q ro N GOR N y N U _ .. O.... y [O"Pl. 04 O O o no MO. N y y0 2 J O E 0 m Q. N Q-.C• m C I o •c N O Cm m o J O =1 > 8'� r Q v W P RV CC -147- Item 8 - 26 Council A.Mum- Agenda 4,7 %n4n U m -all= N +J C J U� - W, m J +:teOR ...._ _mod, a =c c •C fA 'C N m`-N Q r ro m m a! Wd� �j.Y3s°Ic9Uv f0 m m.�a m �!3 ro 'O°Z.5; m'�o o _� b c-4- a =. z, '°o�CEm� o�ro ."ccoroo N U C a- c cyi E d 4 4 .. o (7 ".' aS C ro m N c$ O. N as - .r' OV o x m C 4 a1 -O C m a n m v 0. 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'row c ro�vrom>. o d 3 m. m o�d' E rn r a°i as @ c a 60 N M .... cNC .� U o MmYUQ dra G N ImOJJNNI 'r ON M N - rz W p' t 41 :by rs r. c , dM.M d -148- C�ouncll Agenda .1 August 17 201C Item 8 - 27 -149- Item 8.2 Council Ag_da August 17, 2010 -150- Council Agenda August 17, 2010 Item 9 - 1 /ate TOWN OF AURORA AURORA COUNCIL. REPORT No. IES10-036 SUBJECT: Approval to Execute a Preservicing Agreement— Chateaus on Bayview Phase 1 Subdivision (D12-014A) FROM: IlmarSimanovskis, Director of Infrastructure.& Environmental Services DATE: August 17, 2010 RECOMMENDATIONS THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Genview Homes to permit the servicing of the lands in Chateaus on Bayview Phase 1 Subdivision (D12-05-2A),. PURPOSE OF THE REPORT To ask Council to authorize the Mayor and Town's Clerk to.execute an Agreement between the Town of Aurora and Genview Homes to permit the servicing of the lands in Chateaus on Bayview Phase 1 Subdivision. BACKGROUND. The owner of the. subject lands has applied to the Director of Infrastructure and Environmental Services for a Preservicing Agreement so that construction of municipal services' for this subdivision can proceed. All underground servicing plans and specifications have been reviewed and are generally acceptable to the Director of Infrastructure and Environmental Services. It is anticipated that the Developer will be entering into a Subdivision Agreement as soon as possible to allow for the timely issuance of building permits for lots within the lands. This will allow the commencement of house construction and the occupancy of homes in the near future. COMMENTS It has been the practice of the Town to allow servicing to proceed in other subdivision developments in this manner and it has been suggested that it is appropriate to do so in this case for the Chateaus on Bayview Phase 1 subdivision. It is understood that all arrangements have been made by the current owner of these lands to complete all works satisfactorily to permit the timely. completion of development of this area. Appropriate securities will be provided at this time in accordance with current Town preservicing practices. - 151 - Council Agenda August 17, 2010 Item 9 - 2 August 17, 2010 - 2 - Report No. IES10-036 It is noted that the developer has recently submitted plans to other departments for review and comment. As part of the Preservicing Agreement, the developer acknowledges that the servicing of the development will be done at his own risk, and that there are no guarantees that the plans will not have to be changed as part of the review and.approval of the development by other Town departments. ALTERNATIVE(S) TO THE REPORT Council may decide to not grant approval at this time and wait until the Subdivision Agreement is completely executed. FINANCIAL IMPLICATIONS Town engineering fees in the amount of 4% of the total servicing costs will be received. from the Developer. The development will be assumed by the Town at some point in the future. Normal operationaland maintenance costs will be incurred after that time. CONCLUSIONS. The reason for Preservicing Agreements is to allow Developers to get a head start on the construction, of services within their projects during favourable weather conditions. The Developers must still fulfil their mandates as required by the Subdivision Agreement that includes the provision of servicing securities in an amount of 50% of the estimated costs. ATTACHMENTS Appendix "A" Key Map showing location of the Chateaus on Bayview Subdivision Phase 1 Appendix "B" - Preservicing Agreement Appendix "C" — Preservicing agreement request letters from Genview Homes PRE -SUBMISSION REVIEW Management Team Meeting of August 9, 2010 Prepared by: Patrick Ngo, Municipal Engineer Ext. 4375 ONTr ima»ovskis Director of Infrastructure and Environmental Services Neil Garbe Chief, Administrative Officer. -152- Council Agenda Item 9 - 3 Appendix "A" FUTURE POTENTIAL �: DEVELOPMENT E 1 VANDORF SIDEROAD KEY PLAN SHOWING LOCATION OF THE CHATEAUS ON BAYVIEW SUBDIVISION PHASE 1 INFRASTRUCTURE AND ENVIRONMENTAL. WORKS DEPARTMENT IES10-036 -153- Council Agenda APPENDIX "B" : ' 14e 9 - 4 August 17; 2o1.0�HiS'AGREEpfENT made as of the 17s' flay of Abgust, 2010: _ BF-7iAMEN THE CORPORATION OF THE TOWN OF At1ROPA •1(hereinafterthe'Town") PARTY OF THE FIRST PART' _ -and - f 2164437 O.NTARIO• INC. I (hereinafEer the "Owner") PARTY OF THE SECOND PART WHEREAS the Owner Is the owner ofoeftain lands and premises described on Schedule "A' • attached hereto and forming partof,this Agreement (hereinafter. the "Lands"); i AND WHEREAS Conditions of Draft Plan Approval of a residential subdivision were ' approved byihe Town pn.Decemb4.T1, 2007, in relation to Kite No. D12-01-1A (horeinefter the "Draft Plan Condidone);. . AND • WHEREAS the Owner is required to enter into.a bubdivialon agrearhentwith the Town as soon as. possible In accordance with the Draft Plan Conditions (hereinafter the :"Subdivision AgreemertC); AND WHEREAS the Owner has requested approval to. install certain inunicipabservioes•on the Lands and, where applicable, on adjacent municipal lands in accordance with the plans set out on 3ghedule'W attached liereto and forming part of this Agreement (hereinafter the "Services"); AND Wl1ERG 4S subsection 51.(26) of ttra Planning Act, R.S.0.,1990, o P.13, as amended; alloys a municipality to onter Into agreements imposed as a condition to the approval of a 'plan of subdMaion and the agreements may be registered against the land to which it _ applies and the municipality is entitled to enforce the provisions of it against the owner and any and all subsequent owners of the land, subject to the Land TNles Act -AND WHEREAS subsection 71(1) of the Land T tlesAct, R,S.O.,1990, c. L.5, as amended : allows any person entitled to or interested in any unregistered estatgs, rights, interests or equilles'In registered land to proteet same from being impaired by an act of the 'registered owrter by entering on the register such notices, cautions,.inhitiltiens• or other restrictions; AND WHEREAS the Owner eMd the Town have agreed to set out and be bound by the terms and conditions contained in this Agreement; NOW THEREFORE THiS'AGREEMENT WITNESSETH that In oimsideration'of the covenants and premises contained herein and other good and valuable consideration, the. parties hereto covenant and agree with each other as follows! Ter 1.1 This Agreement shall remain in force and effect until such timer as all of the oliligations contained herein have been incorporated into and subsumed or " superseded by either the proposed Subdivision Agreement or other form of. development agreement in relation to the Lands. installation of services 2.1 The Owner shall install the Services on the Lands and, where applicable, on adjacent j. municipal lands in as ordanoe with the plans set out on Schedule'S" attached hereto �J( -154- Council Agerida : Item August 17; 2010' Page 2" t and the'rown's specifications, ail to the.satisfactioh of the Director of infrastruoture -and Environmental Services offiieTown (the "Director"). The Owneracknowledges and agrees that the-Ownees fnstaila6oh of the Services in accordance with this Agreement shall be at the Owner's sole risk and expense and that the Services, once. Installed, may be re4uired to be altered at the sole expense of the Owner as a result dithe Town'sfinal review and approval of the Subdivision Agreement orother form of "development agreoment in relation to the lands,, .' tVlaintenanGe and Repair 3.1 ` The Owriershali maintain and repair the Servicesiofhe'satisfaction ofthd Directordt its sole expense until such time as the Servioes have been assumed by the Town Iri • ' accordance with the terms and conditions to ba contained in'the proposed 'Subdivislon Agreement Securities 4.1 The Owner agrees to proMp to the Town theSecurities set out on Schedule V attached f hereto and -forming. part of tills Agreement in a form satisfactory to the Town to guarantee compliance with the terms and conditions setoutIn ft Agreement priorto.executidn ofthis Agreement (hereinafter the 45ecuritiesj. 4.2 ".The Owner and the Town agree thatinthe eventthattheOwnerfailstocomplyvdihtheterms- and conditions set out In this Agreement, the Owner shall be in default hereunder arst the .. Town shall notify the Owner fnwitingofsuch defauftandthe steps andactions requiredtobe " . taken by the Owner to remedy Sarno, If the notice of default is not complied with and the default has not been remedied within fen (10) days from the date of the issuance of such notice, the Town may, in its sole discretion, draw upon and utilize the Securities to complete the requirements as set out in this Agreemenrt. The Towns use of the Securities shall not reflevethe Owner of 6 obligatfons pursuantto this Agrepmeirt. -4.3 ibe06eieitdtheTownagree thattheSecuritfesvrUlnotbereduceduntilsuch time'asthe the proposed SubdivisbnAgreernerrtorotherform of development agreementin relado, n totheLands has been executed. Notwithstandimthaknugang,theOwnerandtheTown - agree that the •Secbrilles may be used as a credit taw ds any securities requited in ttie . pmpased SubcrrAsion Agmementor otherfomt of developmentagreement In rotation to the Lands. . 4A The Owner'and the Town agree that Securities may be'provided in the form of Inevocable , letters of dedit Issued by a financial institution to the satisfaction of the Town. 45 TbeOwnerandtheTownagreethatifthfsAgreementisas *edbytheOwnertoad'&mrd owner(s), the Town may, In its sole discretion, require the amount of the Securities required . pursuantto this Agreement to be increased. 4.6 ., The OwnerandtheTovlmagree that Securities held bytheTownwillnota&xuetin yinterest and no interest shalt be payable to the Owner. Fees 5.1 The Owner shall pay to. the "Town the following fees prior to execution of this Agreement a) an amount that is equal tQ four percent' (4%) of. the total estimated costs of construction of the Services as determined to the satisfaction of the Director and which amount is set out on -Schedule "C" to this Agreement," as.". compensation for ensuring compiiancewith this Agreement, which fee shall be for the sole use of the Town in its sole discretion and shall be fully-eamed upon execution of this Agreement; and b) the Town's administration feg for the preparation of this Agreement, which amount is set out on Schedule "C" to this Agreement -Owner The shall also be responsible to pay gny and all costs associated with this -155- Council Agenda _ August 17" 2010 Page 3 Agreement including any and ail costs incurred iiy-the Town as a result of the registration and/or release of any other documents pertaining to this Agreement and including any registration fees associated with the. registration of any discharge of consent and postponement of'any encumbrance on the Lands. Cessation of Worir 6.1 The Owner agrees to proceed Jillgentlywith installation of -the Serviceb. Should the installation of Services be interrupted for a period in excess of sbr (6) months from the date of this Agreement, the Owner agrees, if eb required by the Town, to restore, regmde, topsoil and seed the Lands to the satisfaction of the Director or to take remedial steps to the satisfaction of the Director to'remove or to render safe the Services and -the Lands., Inspections and Right of Entry 14 Per%rrri'the Obligations :. 7.1 The Town and its licenseos, employees, agents and contmotors, may at any ifine enter on any part of the Lands to:inspectthe Lands to ensure codipliance with any of the terms of this Agreement 7.2 Tlie Town and its licensees, employees, agents and contractors, may at any time enter on a'ny-part of the Lands to perform, at the Owner's expense uslrig the Sewrities.prmdded in this Agreement, any of the Owlrer's obligations pursuanttothts. Agreement Compliance With Applicable Legislation and External Approvals -8.1 The owner shall, at its own expense, comply with or cause to be complied with, all . taws, rules, requirements, directions, orders, ordinances, by-laws and regulations of all federal, provincial, and municipal authorities In performance of the* obligations - contemplated in this Agreement Without limiting the generality df die foregoing, the Owner agrees to comply, with all Town Hy-lavi's, and to obtain, any necessary approvals fortopsoil removal and to also obtain all approvals required of other bodies having jurisdiction, including, but not limited to, the'Lake Simooe Region Conservation Authority, the Ministry of Environment, the Ministry of Energy and Infrastructure, the . Ministry of Natural Resources and PowerStreain Inc. 02 The Owner must obtain and maintain, at its own expense, all, permits, licenses, regulatory approvals and certificates requiredio install the Services. and shall provide . evldwe of same to the satisfaction of the Director, prior to execution of this Agreement by the Town. Further Approvals 9.1 . The Owner acknowledges that this Agreement does not predetermine; prejudice or constrain the Town's jurisdiction with respect to the approval, rejection, ciearanoe, or imposition of conditions In. reiation to any development approvals that are now orthat may in future be proposed for the Lanus, including the granting of water and sewer servicing aliocadonasapproved byresolutionofthe Town'sCouncil. Without limiting the generality of the foregoing, this Agreement doesnot predetermine,_ prejudice or donstmin the Town's jurisdiction with respect to the approval, rejection or imposition of conditions related to final approval of the draft plarr of subdivision in respect of the Lands, including the granting of water and sewer servicing allocation as approved by- •resolutton of the Town's Council. Indemnification A insuMnee '10.1 The Owner will always indemnify and save harmless the Town from and against all. " actions, suits, claim and demands which may be brought against ormade 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 installation and maintenance=of+' Services on the Lands and the adjacentmunicipallands.pursuanttothlsAgreement, -1564 CouncH-AgOnda August 17, 2010 10.2 The owner shag, throughout th, for the benefit of the Town and t not less than Ten Million Dollars or more persons, or damage i insurers and upon terms and a promptly furnish to the•Tbwn satisfactory to the Town as to at that the Owner falls t6 insure •t Town satisfectoty evldence of expiration, theTown may, from the Owner or the Town or boll premium paid by the Town s 'forthwith. 11.1 The Owner §hall indemnify, ark : claim, damages oreXpensesdL and -adjacent Town lands whr Agreement for all liens rdlated t such liability, claims, damages ( Ownerto the Town forthwith up of claims for medhanics' Ilons ai Act, R.S.0.1090. c. C.P. asar to any such work done by or on 'the case may be within three months after notice from the Ti 11.2 The registration ofanyclaim fot ft.S,O. 1990, a C.30, as•amer the Lands oradjacent municipe or default by the Owner, of its of either discharged the lien or ca bf written notice from the Tom '-other arrangements satlstaator Owner to obtain and register a any, iegistered certificate of aci portion or the whole of the Sect Court to entice the Town to at certificate of action. -The To Securities for the purpose of I purpose bfdischarging the lien time' under its Fees and Ser administering the claim; tog( registration of any release, disc appoints the Town's Solicitor a regard and registering any'reie bra portion thereof. Assiariinetit Al A This Agreement shall not be . express written consenttto ass 12.2 • in the event that the Owner fr any part thereof (exdepyng -residential units), the Owner transfer or assignment togeth, assignees. 12.3•-.In the event that the Owner( (exceptirig.sales of ihdividual shall be, provided forthwith tic Itet>h 9 - 7 Page d term of this Agreement, provide -and keep in force, a Owner, benerai liability insurance in an amount of i10,000,000) In respect of injury to, oideath of, one the Lands_ All insuraria3 shalt be effected with 1 ditions satiisfactofy to the Town. The Owner shall oples of•irisurande policies and other evidence i insurance and any renewals thereof.'inthe event herein required or fails to promptly furnish to the ch insurarioe or of the, renewal thereof prior to its hie to time, effect sucti Insurance for the benefit of for a period not exceeding one (1) year -and any ill, be •recoverable by the Town from the Owner hold the Town harmless from and against liability, to or arising from any claim made against the Lands e Services are Installed therein pursuant to this all work done by, or on behak of the Owner and any expenses incurred bythe'Town shag be paid bythe i demand,, and the Owner shall cause all registration itorcertificates of action under the Constryodon LIM mded, or successor legislation thereto, arid relating Behalf of the Owner, to be discharged orvaeated as 3) months. of such' registration' or within three (3) fen under the provisiohs.ofthe Construction Llen.Acf; led, or successor legislation thereto, against any of owned lands shall be deemed to constitute a breach gations unaerthisAgreement unless the Owner has sed the lien to be withdrawn within twenty (20) days' to the Owner to so discharge. the lien, or has made to the Town In this regard. Upon the failure of the liseharge of the claim for lien and an order vacating - fn within the t hjneframe above, the Town may use a iges for the purpose of paying sufrrdentsecurity into order reteasing.the claim for• lien, and vacating any n may further use a portion dr the whole of the hying the legal costs of any motion brought for the nduding tha Town's fees as established fromtima to ces By-law for any and all costs associated with her -with the disbUrsoments•associated wiin-the large or vacating order. The Owner Hereby expressly its agentfor the purpose of bringing ,a motion in this se, discharge or vacating order on title to the Lands, d by the Owner or Its assignees without an" . executed by bath the Town -and the assignee. assigns.or leases its interest in the Lands or • individual'-Iots or blocks sold to builders of . rthwith notify the Director in writing of such e-names and addresses of the transferees or Into an agreement to sell the whole'of the Lands Town, 157 - ' 9 I Council Agenda-.* Augusti 17; 2010 - IiegrSfratltln- w Page 5 13.1 This Agreamenf shall be enforceable -by and against the parties herein, their.heirs, executors, administMtors, successors, and assigns; and the Agreement and all the covenants by the Owner herein contained shall run with the.Lands and bind the hands and sucoe§sons In title. . 13.2 The Owner hereby consents to the registration of this Agreement on title fn a form 'that is satisfactory tothe Town in priorityto all otherencumbrances in the appropriate ,12agistry offtoo againstrthe Lands Inirpediately upon execution of this Agreement. 13.3 The Owner shall olitain and register a discharge or a consent and postponement of any encumbrance on the lands to this-Agifeerdent, with the intent thatany such prior encumbrance will postpone its rights or Interests which 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 ofany mortgage or other -encumbrance creating.or defining such rights or interests. Any consent and postponement bya mortgagee of the Lands shall be in form and substance satisfactory to theT.own In its sole discretion, andshali be provided In final draft form prior to the execution of this Agreement, The Owner hereby consents to the Town registering any.consea and postponement on't'itle'at the sole cost of the Owner. Notice Any notice(s) or cotnmunioatlon(s)• given pursuant to this Agreement shall be in writing; duly signed bythe party giving such notice.arttt maybe delivered personalty or sent byfacsimile, charges prepaid as described below, and shall be deemed to have' - been validly and effectively glum and reoe'ived, if delivered personally; on the date of. such delivery, and if transmitted by facsimile, on the date received,. unloss;in either case such notice or communication is received (asthe,case may W) after..4:00 p.m. locattime r?r on•a day other than a Business Day (being Monday through Fridayboth inclusive except for statutory holidays• inthe Province of Ontario) in which case such notlee•dr communicaton shall be deemed to be received on the next Business Day_ 14.1 Town: Town of Aurora, Attention: Town Clerk 1 Municipal Drive, Box 1000, Aurora, Ontario, i_4G 6A Fax No. (906)-726 4732 Own or., • 2164437 Ontario Inc., Attention:Gennaro DiSanto, president 7611 Pine Valley Drive, Unit.31., Woodbridge, Ontario L4L 0A2 Phone No.: (905) 650-7064 Fax.No.: (905) 850-5005 Email: - gdisanto@bellnet.pa No Waiver of Defautt 16.1 No condoning, excusing, ovedpoking or delay in acting upon by the Town' of any default, breach dr non -observance by the Owner at any time or times in respect of any covenant, provision or condition in this Agreement'shali operate as a waiver of - the Town's rights under this Agreement in respect of any such or continuing subsequent default, breach• or non -observance and fro waiver shall be inferred from. or'implied by anything done or omitted by the Town except an express waiver in writing. Itel9-8 15.2 it is expressly understood and agreedthat the remedies of the Town pursuar itto this Agreement are cumulative, not alternative, and the•exerd.se bytheTown ofany right or.remedi for the default or breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of, or alter; affect, or prejudice any other remedy or other rights or remedies to which the Town may be lawfully entitled for the same defduft or breach. Any waiver by the Town of the strict observance, performance, or compliance by the Owner bf any term, covenant, condition, or agreement herein contained or any indulgence granted'by the Town to the Owner �t1 shall not be deemed to be a waiver of any subsequent default or breach bytie. Owner norentitle.the Owner.to any similar indulgence heretofore granted. Council Agenda • i' 4te 9 - 9 August 175201© {{4 Entife Agreement • 16.1 The Owrier acknowledges that there are no covenants, representations, warranties, ' agreements orcondltions, express or implied, coliaterai ordtherwfse, forming partof - or in any way affecting or relating to this Agreement, save as expressly set out or Imported by referencerin this Agreement, and thatthisAgreemen((and all Schedules attached hereto) constitutes the entfreAgreement duly executed bythe Town and the Owner and supersedes all prior agreements, understandings, negbtlatfons arid- dlwyssions relating to the subject matter hereof, whether oral -or written. This -Agreement tray not Pe moditted or amended except pursuant to an agreement in writing oxecuted by the authorized representations of the Town and the Owner. 17.1 If any•provisfon(s) of tftis.Agree)nent are fouhd to be .void, voidable; illegal de unenforceable, It shall be considered separate and severable from. the remaining pt'ovisidns of the Agreement, which shall remain -in full force and effect and shall be - ... ' ' ' binding upon the parties hereto as though the said�provtsfotr(s) had never been inoluded... ..... , . GovoWing Law 1 18.1 This Agreement shall be-fnterpreted under and 1w governed by the laws of'the Province of Ontario and the;laws•of Canada applicable therein. Anteforetation 1g.1 Wkenevefaword importing the *gular numbersinly is used In this Agreement such word 'shag include the plural and words- Importing ' either gender and firms -or :. corporafions where applicable IN WITNESS WHEREOF the parties have hereunto affixed thnlrcoiporate Seals attested by tho hands of their respective proper officers duly authorized, in That behalf, : 2164437 10 INC. per. Gen ro DiS Mo President • • - .. (I have the auttwrdy to Bind the Cotporagon); THE CORPORATION OF THE TOWN OF AURORA j Phyllis M. Morris astofbrmi... Mayor sysuun W John Leach' Town Clerk i _ . • z . - Date.• . 15.9 - r