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AGENDA - General Committee - 20100615GENERAL COMMITTEE AGENDA NO.10-13 TUESOUp TUNE A 2010 1mmo0 P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE June 11, 2010 AuIZoRA TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 10-13 Tuesday, June 15, 2010 7:00 p.m. Council Chambers Councillor Gaertner in the Chair 1 DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved. Ill ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes, 10-12 dated June 1, 2010 pg. 1 RECOMMENDED: THAT the General Committee Meeting minutes 10-12 dated June 1, 2010 be adopted. IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION VI DELEGATIONS General Committee Agenda Tuesday, June 15,2010 Page 2 of 7 a) Ms. Christa Gampp pg. 9 Re: Legalization of Backyard Chickens within Residential Zones VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS X CLOSED SESSION RECOMMENDED: THAT General Committee 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 Committee of Adjustment Variance Application Joseph and Judy Zver 87 Temperance Street File: D13-07-10 XI ADJOURNMENT General Committee Agenda Tuesday, June 15, 2010 Page 3 of 7 AGENDA ITEMS 1. CAO10-009 — Canadian Coalition of Municipalities Against pg. 10 . Racism and Discrimination RECOMMENDED: THAT Council receive report CAO10-009 for information; and THAT the Town of Aurora join the Canadian Coalition of Municipalities Against Racism and Discrimination; and THAT Council endorse the attached Declaration from the Canadian Commission for UNESCO on the Canadian Coalition of Municipalities Against Racism and Discrimination. 2. CAO10-010 — Recommended Direction for Town -Owned pg. 14 Vacant Property and Buildings RECOMMENDED: THAT Council receive report CAO10-010 for information; and THAT the recommendations, as outlined in Table 1 of this report, be adopted: Table 1: Status of Town -Owned Vacant Property and Buildinas Property Current Status Recommended Action Park Street Property sold and consolidated No further action with adjacent commercial client in required. 2009. Ross Property under contract with Declare surplus and Street closing anticipated in late summer finalize sale when 2010. appropriate. 15286 Conditional Sale approved by No further action Leslie Council in 2009 with closing required. Street anticipated spring 2010 with a final sale price of $888,264. General Committee Agenda Tuesday, June 15, 2010 Page 4 of 7 Jack Property listed with Cushman, Revise the listing to Woods Wakefield, Lepage since early include only the portion of 95 Allaura 2009 at a $1.15 million asking the property with direct Blvd price. The listing agreement with Allaura Drive exposure the realtor expires on June 30, (approx 1.8 acres). 2010. Retain remainder of property including environmental lands and the existing tree nursery. Revise listing price to $900, 000 15059 Property listed with DTZ Barnicke Extend listing, if Leslie since January 2010 at $16 million, necessary through to Street The listing agreement with the February 2011. realtor will expire on July 15, 2010. Former Property partially permitted to the Continue with current Library 140 Aurora Air Cadets, the Aurora arrangements. Retain site 56 Victoria Bridge Club and a community for temporary Street church once weekly. The site is administrative uses also used occasionally for related to the Town's seasonal community uses Space Accommodation including summer day camps. It Study for approximately is also being considered for three years. Review after development/ redevelopment in three years and develop the Aurora Promenade Study, long term plan within the context of the Aurora Promenade Study. Former Property currently permitted to Continue with current Senior's Blue Balloon Health Service. The lease arrangement. Centre site is also being considered for Consider property 52 Victoria development/redevelopment in disposition based on the Street the Aurora Promenade Study. results of the Aurora Promenade Study. 215 Lease negotiations in final stages Finalize lease agreement Industrial with possible occupancy in when appropriate. Parkway S summer 2010. 3. BBS10-006 - Land and Property Management System pg. 17 Implementation RECOMMENDED: THAT Council authorize staff to proceed with Capital Project #14042, an upgrade of our Land and Property Management System (Cityview); and General Committee Agenda Tuesday, June 15, 2010 Page 5 of 7 THAT Council approve an increase in the budget of $35,000 for a total project cost of $185,000 plus applicable taxes from $150,000, to be funded from the Building Reserve Fund. 4. BBS10-007 - Aurora Farmers' Market and Artisan Fair By-law pg. 22 RECOMMENDED: THAT Council receive Report No. BBS10-007 for information; and THAT Council enact the Aurora Farmers' Market and Artisans Fair By-law 5252-10 at the June 22, 2010 Council Meeting. 5. CFS10-018 — Council Compensation — Required Review pg. 29 of One -Third Tax Free Portion RECOMMENDED: THAT the one-third tax-free "deemed expenses" portion of the remuneration of members of Council be continued; and, THAT draft By-law 5253-10 be adopted to perpetuate the one-third "deemed expenses" portion in a separate by-law. 6. CFS10-021 —Capital Projects Financial Position Report as of pg. 38 December 31, 2009 RECOMMENDED: THAT report CFS10-021 be received from management; and, THAT the project closures and capital funding adjustments outlined in Attachments 1 and 2, as summarized in Attachment 3 be approved. 7. CFS10-016 — Pending List pg. 57 RECOMMENDED: THAT report CLS10-016 be received. General Committee Agenda Tuesday, June 15, 2010 Page 6 of 7 8. PR10-019 - Land Acquisition Strategy — Terms of Reference pg. 87 RECOMMENDED: THAT Council approve the proposed Land Acquisition Strategy Terms of Reference as detailed within this report. 9. PR10-022 — Phased Implementation Plan of Nokiidaa Trail pg.106 RECOMMENDED: THAT Council approve the Nokiidaa Trail and Hadley Grange Nature Reserve Phased Implementation Plan; and THAT the Capital Budget be increased by $241,561.00 to $500,250.00; and THAT Council approve proceeding with Phases 1 and 2 of the Implementation Plan consisting of project Design and Agency approvals prior to November 2010; and THAT Phases 3 and 4 be referred to the 2011 Capital Budget Process. 10. PR10-023 — Selection of the Aurora Rotary Club for the pg. 165 Management of the Beer Garden for Ribfest for 2010 RECOMMENDED: THAT Council approve the selection of the Aurora Rotary Club for the Management of the Beer Garden for Ribfest for 2010. 11. PR10-024 — 2010 Aurora Borealis — Sponsorship pg. 168 Opportunity RECOMMENDED: THAT Council receive report PR10-024 for information. General Committee Agenda Tuesday, June 15, 2010 Page 7 of 7 12. PR10-025 - Stewart Burnett Park Additional Work pg. 174 Requirements RECOMMENDED: THAT Council approve an increase in the budget of $97,094.00 for the additional work requirements for Stewart Burnett Park as outlined in this report; and THAT, when appropriate, staff seek to recover the proportionate share of funds from the land owners benefitting from the enlarged capacity of the Storm Water Management Facilities at the Stronach Aurora Recreation Complex (SARC). 13. PL10-043 — Planning Applications Status List pg. 182 RECOMMENDED: THAT the Planning Applications Status List be received for information. 14. PL10-044 — Application for Exemption from Part Lot Control pg. 197 Royalcliff Homes Bayview Inc. Plan 65M-4079, Lot 42 File Number: D12-PLC-03-10 (Related File: 1312-00-1A) RECOMMENDED: THAT Council approve Application for Exemption from Part Lot Control submitted by Royalcliff Homes Bayview Inc. to divide Lot 42 on Plan 65M- 4079 into two (2) separate lots; and THAT Council enact By-law 5255-10. General Committee Agenda Minutes - 1 Tuesday, June 15, 2010 / AuPvRA TOWN OF AURORA GENERAL COMMITTEE: MEETING MINUTES NO. 10-12 Council Chambers Aurora Town Hall Tuesday, June 1, 2010 ATTENDANCE COMMITTEE MEMBERS Councillor MkEachern in the Chair; Councillors Buck, Gaertner, ,Gallo, Granger, McRoberts, and Wilson MEMBERS ABSENT Councillor Collins-Mrakas and Mayor Morris OTHER ATTENDEES Chief Administrative Officer, Director of Customer and :Legislative Serviees/Town Clerk, Director of Legal .Servicesrfown 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 Servicesrrreasurer and Council Secretary Councillor MacEachern called the meeting to order at 7:02 p.m. I. DECLARATIONS OF PECUNIARYINTEREST .None . 11 APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following addition: New Item 15 —.Additional Information. from Mr. David. Bronskill of _ Goodmans LLP, Barristers &Solicitors for Property Owner of 15278,Yonge Street Re: Delegation (a) Request to Repeal Designation By-law 5053-08 `The.Bi.acksmithTree'-Item, 12(12) ; CARRIED Ill DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 4, 5, a, 10, 11 and 12 were identified for discussion: 1 General Committee Agenda Tuesday, June 15, 2010 Minutes - 2 General Committee Minutes Tuesday, June 1, 2010 Page 2 of 8 IV ADOPTION OF ITEMS NOT TWIPUfTkqSEPARATEDISCUSSION Items 6, 7, 9, 13, 14 and, 15 were 161en4i6ed'as items not requiring separate discussion. General Committee recommends:. THAT the following recomrnendations irespecting the matters listed as "Items Not Requiring Separate:Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 6. IES10-028 — Inflow & Infiltration Program Participation General Committee recommends: THAT Council endorse Town of Aurora's participation *on the Inflow and Infiltration Reduction Task Force sponsored by York Region for 'the purposes of: • Continuing to identify sources 6(.inflow and infiltration; • Developing standards and guidelines to reduce inflow and infiltration within the system; Develop funding and cost sharing principles to implement future remediation projects. 7. IES10-029 — Installation of Sidewalk at Industrial Parkway and Wellington . Street to Improve Student Pedestrian Safety General Committee recommends: THAT Council authorize the budget of $100,000 for the design and construction of a sidewalk on the north side of Wellington Street from Industrial Parkway east to 230 Wellington Street and on the west side of Industrial Parkway from Wellington Street North to Centre Street; and THAT the purchasing by-law be waived and that Staff be authorized to sole source the consulting services to Cole Engineering Group to an upset limit of $16,000, excluding taxes for the detailed design and contract administration in order to ensure construction Is completed prior to September 2010; and THAT this project be funded $90,000 from development charges and $10,000 from surplus funds related to the Old Yonge Street Sidewalk Extension Project'(Noi 31043); and the Centre Street and Catherine Avenue Sidewalk Project (No. 31044). 9. PR10-018 — Selection of Food vendors for the Concerts in the Park and Movies in the Park Events for 2010 General Committee recommends.. THAT Council approye,the.aelection of M&M Meat Shops and Poppers Popcorn for all Town of Aurora Concert in the Park and Movies in the Park events for 2010. F, General Committee Agenda Tuesday, June 15, 2010 General Committee Minutes Tuesday, June 1, 2010 Page 3 of 8 Minutes - 3 13. EDAC90-03 --Economic D.eyelopment..Advisory Committee Minutes of May 13, 2010 General Committee recommends: THAT the Economic Development. AdvisoryCommittee; Meeting minutes .of the May 13, 2010 meeting be received and the recommendations contained therein be approved. 14. LSAC10-03 — Leisure Services Advisory Committee Minutes of May 20; 2010 General Committee recommends: THAT the Leisure Services Advisory. Committee Meeting minutes of the May 20, 2010 meeting be; received and the recommendations contained therein be approved. 15. Additional Information from.Mr. David Bronskill of Goodmans LLP (Barristers:& Solicitors for Property Owner of 15278 Yonge Street) Re: Delegation, (a) . Request to Repeal Designation By. -law 5053-08 "The Blacksmith Tree", Item 12(12) . General Committee recommends: THAT the Additional Information from Mr, David Bronskill of Goodmans LLP be received., CARRIED V DELEGATIONS .(a) .. David Bronskill, Sheldon Fenton; Nancy Henderson, and Brian Spence Re: Request to Repeal Designation By-law 5053-08 — The Blacksmith Tree Mr. J. Wigley attended in place of Mr. David Bronskill as he was not ,available due to a Municipal Board hearing. Ms. Nancy Henderson and Mr.:Sheldon Fenton attended as well. Mr. Wigley informed the General Committee that the tree was not in good health and:was not expected to live much longer. Mr.. Wigley also stated that based upon the arborist report regarding the age of the tree, it has no cultural or heritage value as It Is approximately only 80 years old; and that there is no evidence to associate it with a former Blacksmith's shop. General Committee recommends: THAT the comments of the delegate be received; and THAT Item 12(12) be brought forward for consideration. CARRIED 3 General Committee Agenda Tuesday, June 15, 2010 Minutes - 4 General Committee Minutes Tuesday, June 1, 2010 Page 4of8 12. HAC10-04 — Heritage Advisory Coinmittee'Minutes of May 10; 2010 (12) PL10.40 — Request from Owner to Repeal Designation By-law 5063-08.R "The Blacksmith's Tree General Committee recommends: THAT Council repeal By-law 5053-08.R being a By-law to designate a certain property as being of Historical and/or Architectural Value or Interest "The Blacksmith's Tree". CARRIED (b) Kathy van Nostrand 'Re: Item 12(1) WAC10=04 Heritage Advisory" Committee Recommendation Summary from`Monday; May 10, 2010 Kathy van Nostrand attended and requested that the property located at 144 Wellington Street be taken off the list of significant. properties. She reminded Council that this had aitended'a Council meeting approximately 6 months ago and that Council had agreed at that time to undesignate the property and that she could request the delisting at a later date. Ms. van Nostrand discussed her plans for the development of the property as well as the allowed uses and neighbouring properties that she would like to purchase and integrate into her plan of development. General Committee recommends: THAT the comments of the delegate be received; and THAT Item 12(1) be brought forward for consideration. CARRIED (1) PL10-036 — Owner's Request to. RemoveProperty from Aurora Register of Properties of Cultural Heritage Value or Interest 144 Wellington Street East General Committee recommends: THAT the property municipally known as 144 Wellington Street be removed from the Aurora Register of Properties of Cultural Heritage Value or Interest, CARRIED General Committee recommends: THAT the balance of the Heritage Advisory Committee Meeting minutes of the May 10, 2010' meeting be received and the recommendations contained therein be approved. CARRIED T General Committee Agenda -- ------ I..., Minutes - 5 Tuesday, June 15, 2010 General Committee Minutes Tuesday, June 1, 2010 Page 6 of 8 VI PRESENTATIONS BY THE COMMITTEE:REPRESENTATIVE None VII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1.. CA0I0-008 = Aurora Town Hall, — Space Accommodation Study General Committee recommends: THAT Council receive this report; and THAT staff -proceed With a Request for Proposals for architectural services for the proposed redesign of Aurora Town Hall, CARRIED 2, 115S10-022 — Train Anti -Whistle in the Town of Aurora General Committee recommends: THAT.Councl authorize proceeding with pedestrian gates at the Regional crossings.at the following locations in accordance With 'the Regional Policy.. • Wellington Street East Mileage 29.99 — Metrolinx, Newmarket Subdivision; • St. John's Sideroad Mileage 31.28 Metrolinx, Newmarket .. Subdivision; and., THAT Councilapprove Capital Project No. 31090 (Regional Road Pedestrian Gates) with a capital budget of $260,000 for the installation of the above gates for which the Region of York commits to reimburse the entire cost upon completion of the works; and THAT Council request that York Region commit to advance.the necessary funds based. on results of the tendering process for. costs advance,the to the pedestrian crossing located at the reglonal,roads;,and THAT Council authorize Capital Project No. 73127 to proceed with pedestrian gates at the Town crossing at the following locations and approve a capital budget of $180,000 from the Municipal Road Infrastructure lnvestme.nt.fund:. • Engelhard Drive— Mileage 29.17 — Metrollnx, Newmarket Subdivision; • Centre Street — Mileage 30.04 — Metrolinx, Newmarket Subdivision; and THAT Council authorize Capital Project No. 73127 to proceed with a pedestrian gate for a new pedestrian crossing at the Cousins Drive location and provide additional funding of $110,000 from the Municipal Road Infrastructure Investment Fund,to provide a total budget of $160,000 for this initiative. CARRIED 5 General Committee Agenda Minutes - 6 Tuesday, June 15, 2010 General Committee Minutes Tuesday, June 1, 2010 Page 6 of 8 3, IESI0-026 — Award of Tender. Noi-IES207.0-26.-fdr the Supply and Delivery of Replacement Truck Nos. 206 and 206 for Parks and Recreation Services General Committee recommends: THAT Tende I r No. IES201 . b-23'f , or the 'Supply and Delivery I of one full size truck with dump box and. one full size crew cab be awarded to Forbes Ford Sales Ltd. at the tendered Piece of $71,441.00 excluding taxes, registration and licensing. CARRIED. . 4. IES110.026 —Award of Request for.proposal No. PW2009r78 Supply and Delivery of One Combination sewer Cleaner General Committee recommends: THAT Request'for Proposal No. PW2009-78 — For the Supply and Delivery of One 2010 Combination Sewer Cleaner, be awarded to Joe Johnson Equipment Inc. at the submitted price of $325,930, excluding taxes; and THAT Council approve the additional funding of.1$25,930 above the original budget allocation of $300,000 for this purchase from the Equipment Reserve account where surplus funds are available through the 2009 Capital vehicle purchases. CARRIED 6. IES10-027 — Award of Tender No. IES2010-35 — Installation of HVAC & Energy Management Retrofits at the Aurora Family Leisure Complex General Committee recommends' THAT Tender No. IES2010-35 Installation of HVAC & Energy Management Retrofits at the Aurora Family Leisure Complex be awarded to Canadian Tech Air' Systems Ltd. at the tendered price of $553,100, excluding taxes; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project; and THAT the remaining surplus budget'bo retained within the program to be applied to future energy retrofit projects. CARRIED 8. PRIO.009 7 Follow-up to Relocation of Light Pole at Stewart Burnett Park Baseball b1progrick. General Committee recommends: THAT Council increase the budget for the baseball diamond by $8,000.00; and 6 General Committee Agenda' Tuesday, June 15, 2010 ITAmutes - 7 General Committee Minutes Tuesday, June 1, 2010 Page 7 of 8 THAT trees be planted by Weller Tree Service in the amount of $7,980.00 to provide screening for the adjacent resident. CARRIED 10. PR10-021 — Seniors 55+ Hockey Tournament Request for Waived or Reduced Fees . General Committee recommends. - THAT 50% of the fees be waived. CARRIED 11. PL10-041 — Application for Exemption from Part Lot Control Country Wide Homes Inc. Plan 65M4079 Lots 45 & 46, File Number: D12-PLC-02-10 (Related File: D12-00-1A) General Committee recommends: THAT Council approve Application for Exemption from Part Lot Control submitted by Country Wide Homes Inc. to divide Lots 45 & 46 on Plan 65M-4079 into four (4) separate lots; and THAT Council enact By-law.5247-10. CARRIED Vlll .. NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor Gaertner inqulred about a previous request to Mr. Downey regarding the Backyard Splash Program with respect to how much revenue the program generates and how the program Is implemented. Mr. Downey responded that his staff is preparing a report that he will present to Council in the near future. Councillor MacEachern inquired to Mr. Cooper and Mr. Downey with respect to a sliver of land (Adeena Meadows) that Magna International was to transfer to the Town of Aurora from an application in 2002 or 2003. Mr. Cooper responded that he had been speaking with the new legal counsel for Magna International last week and advised that the approval for a new project is contingent on clearing up the outstanding land conveyance, before proceeding with the new project. Mr. Cooper also advised that he should have a report for Council next week. Councillor MacEachern asked if this new project was the Planning Application that had come before Council about three years ago regarding a property on Wellington Street located near the waste pumping station on the north side where there may be unresolved land dedication or cash -in -lieu outstanding. Mr. Cooper advised that this.was not the same project. 7 General Committee Agenda Tuesday, June 15, 2010 General Committee Minutes Tuesday, June 1,2010 Page 8 of 8 IX CLOSED SESSION RECOMMENDED: THAT General Committee resolve into a Closed Session, following adjournment, to consider: 1) Personal matters about an identifiable individual, including municipal or local board employees; re: Appointments to the Joint Compliance Audit Committee, CARRIED. X ADJOURNMENT General Committee recommends: THAT the.meeting be adjourned at 9:40 p.m CARRIED, THE REPORT OF THE GENERAL COMMITTEE MEETING 10-12 WAS CONSIDERED AND ADOPTED BY COUNCIL.AT ITS MEETING HELD ON TUESDAY, JUNE 8, 2010, WITH THE EXCEPTION OF ITEM NO& 2 AND 6 WHICH WERE DISCUSSED AND ADOPTED AS ORIGINALLY PRESENTED' AND ITEM NO. 8 WHICH WAS DISCUSSED AND ADOPTED AS AMENDED: : Minutes - 8 N General Committee Agenda Tuesday, June 15, 2010 Delegate (a) - 1 f ,ACustomer and Legislative Services ,� Town Clerk 9057727-3123 info@e-aurora.ca Town of Aurora OLfiYE tkt:gb'OtG1Slstprir 1 Municipal Drive, Box 1000. Aurora. ON L4G 6,11 DELEGATION REQUEST Requests for delegation status, any written submissions and background information for consideration by Council or committees of Council must be submitted to the Clerk's office by PLEASE PRINT COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE: June 15 2010 SUBJECT: Backyard Chickens in Residential Zones NAME: Christa Gampp ADDRESS: Street Address ToWn/City Postal Code PHONE: HOME: BUSINESS: FAX NO.: E-MAIL ADDRESS: DO YOU REQUIRE ANY ACCESSIBILITY ACCOMMODATION NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable) BRIEF STATEMENT OF ISSUE OR PURPOSE OF DEPUTATION Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Town Clerk, Town of Aurora 1 Municipal Drive Box 1000 Aurora, ON L4G W1 Telephone 905 727-3123. corrimint.mty: A General Committee Agenda ITEM Tuesday, June 15, 2010 TOWN OF AURORA A'(JRORA GENERAL COMMITTEE No. CAOIO-009 SUBJECT: Canadian Coalition of Municipalities Against Racism and Discrimination FROM: Neil Garbe, Chief Administrative Officer DATE: June 15, 2010 RECOMMENDATIONS THAT Council receive report CA010-009 for information; and THAT the Town of Aurora join the Canadian Coalition of Municipalities Against Racism and Discrimination; and THAT Council endorse the attached Declaration from the Canadian Commission for UNESCO on the Canadian Coalition of Municipalities Against Racism and Discrimination. PURPOSE OF THE REPORT To receive approval from Council to join the Canadian Coalition of Municipalities Against Racism and Discrimination (CCMARD). BACKGROUND On July 15, 2008 Mr. Art Hagopian, a member of the Canadian Ethnocuitural Council, appeared before Council as a delegate to advise that the CCMARD was created to promote multiculturalism in rural municipalities and requested that Council give consideration to becoming one of the many municipalities to join the program. Following. Mr. Hogopian's attendance, Council adopted the following resolution: THAT the comments of the delegate be received and referred to the Mayor's Office to prepare a proclamation; and THAT staff be requested to report back on what level of involvement the Town wishes to commit to the Coalition of Municipalities Against Racism and Discrimination. Report No. ADM09-013 was presented to Council on November 4, 2008. In the report the contents of the proposed Declaration from the CCMARD were reviewed. The report recommended that the initiative of joining the Coalition not be undertaken at that time given the transitional issues that the Town was undergoing with the Senior Management team. The staff report was received.for information. 10 General Committee Agenda ITEM # 1 - 2 Tuesday, June 15, 2010 June 15, 2010 - 2 - Report No. CA010-009 COMMENTS Thirty-six Canadian municipalities have signed the CCMARD Declaration, sponsored by the United Nations Education, Scientific and Cultural Organization (UNESCO) and coordinated in Canada by the Canadian Commission for UNESCO in partnership with organizations such as the Ontario Human Rights Commission, the Canadian Race Relations Foundation, the Canadian Association of Human Rights Agencies and the Federation of Canadian Municipalities. Similar coalitions are being formed around the world, including more than forty European cities. While recognizing Canada's exceptional system of human rights laws and ratified international treaties, CMARD points out that racism and discrimination continue to perpetuate the historical disadvantage experienced by Aboriginal peoples and other diverse groups, many of whom are members of Canada's most economically and socially marginalized communities. The Coalition believes that since municipalities function atthe most practical level and are most involved In the lives of their residents, they bear a particular responsibility to develop and implement policies, programs and strategies that will enable them to take meaningful action toward eliminating racism and discrimination. CCMARD allows signatories a wide scope in deciding what actions to take under the Declaration, depending on their situation and resources. The Declaration does not require municipalities to report or be accountable to UNESCO. Some municipalities, such as Edmonton and Windsor, have launched full-scale initiatives while other municipalities have just signed the Declaration. THE CCMARD guidelines allow a municipality to focus more on selected commitments and overall to develop plans in keeping with their unique circumstances and within their means and jurisdiction. The CCMARD is requesting endorsement of a Declaration which if supported would require the following initiatives by the Town: The agreement to join the Canadian Coalition of Canadian Municipalities Against Racism and Discrimination. The endorsement of common commitments to cooperate with other organizations and jurisdictions, including other levels of government, Aboriginal peoples, public and private sector institutions, and civil society organizations, all of whom have responsibilities in the area of human rights. The exchange of the Town's expertise and sharing of best practices with other municipalities involved in the Coalition and reporting publicly on an annual basis the actions undertaken toward the realization of these common commitments. ALTERNATIVES TO THE RECOMMENDATION Council may choose not to participate in the Canadian Coalition of Municipalities Against Racism and Discrimination. 11 General Committee Agenda ITEM #' 1 - 3 Tuesday, June 15, 2010 June 16, 2010 - 3 - Report No. CA010-009 FINANCIAL IMPLICATIONS There are no financial implications to this initiative at this time. CONCLUSIONS The Town of Aurora, and all municipal governments in Canada together with other levels of government, have responsibilities under Canada's Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens. By taking action to combat racism and discrimination the Town of Aurora is able to build a more respectful, inclusive and safe community where everyone has an equal opportunity to participate in the cultural, social and economic life of the town. ATTACHMENTS Declaration of the Canadian Coalition of Municipalities Against Racism and Discrimination. PRE -SUBMISSION REVIEW This report was reviewed at the Executive Leadership Team meeting on June 2, 2010. Prepared by. Kelly Gobbels, Executive Assistant to the CAO, ext. 4740. J; 11af . Neil Garbe Chief Administrative Officer 12 General Committee Agenda ITEM #ik 1 4 Tuesday, June 15, 2010 DECLARATION TO JOIN THE CANADIAN COALITION OF MUNICIPALITEIS AGAINST RACISM AND DISCRIMINATION Given that: The Canadian Commission for UNESCO (United Nations Educational, Scientific and Cultural Organization) is calling on municipalities to join a Canadian Coalition of Municipalities Against Racism and Discrimination and be part of UNESCO's international coalition launched in 2004; and • The Federation of Canadian. Municipalities endorses the Call for a Canadian Coalition of Municipalities Against Racism and Discrimination and encourages its members to join; and Municipal governments in Canada, along with other levels of government, have responsibilities under Canada's Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens; Be it resolved that: The Municipality of the Town of Aurora, Ontario agrees to join the Coalition of Canadian Municipalities Against Racism and Discrimination and,. in joining the Coalition, endorses the Common Commitments and agrees to develop or adapt its own unique Plan of Action accordingly. These Common Commitments and the Municipality's unique Plan of Action will be an integral part of the Municipality's vision, strategies and policies. In developing or adapting and implementing its own unique Plan of Action toward progressive realization of the Common Commitments, ,the Municipality will cooperate with other organizations and jurisdictions, including other levels of government, Aboriginal peoples, public and private sector institutions, and civil society organizations, all of whom have responsibilities in the area of human rights. The Municipality will set its priorities, actions and timelines and allocate resources according to its unique circumstances, and within its means and jurisdiction: The Municipality will exchange its expertise and share best practices with other municipalities involved in the Coalition and will report publicly on an annual basis on actions undertaken toward the realization of these Common Commitments. 13 General Committee Agenda Tuesday, June 15, 2010 ITEM # 2 - 1 /— TOWN OF AURORA AURORA GENERAL COMMITTEE No. CA010-010 SUBJECT: Recommended Direction for Town Owned Vacant Property and Buildings FROM: Neil Garbe, Chief Administrative Officer DATE: June 15, 2010 RECOMMENDATIONS THAT Council receive report CAO10-010 for information; and THAT the recommendations, as outlined in Table 1 of this report, be adopted. PURPOSE `OF THE REPORT To seek Council direction on a recommended approach to managing various Town owned property assets. BACKGROUND On August 14, 2007, Council approved the following motion requesting additional Information on the Town's property assets: . THAT Council consider a strategy for all Town buildings and -schedule a special meeting in September to discuss future uses in all currently. vacant Town Buildings. Staff subsequently prepared a report for a Special General Committee meeting (on October 1, 2007) proposing a series of recommendations for the management of several Town facilities. The report was referred to staff for additional information and several subsequent reports have been submitted providing detailed information and recommendations on particular properties of interest. The purpose of this report is to provide Council with an update on the status of various active town properties and to recommend a series of next steps for their management. COMMENTS The Town of Aurora holds extensive property assets in the form of both vacant land and land with existing structures. As of October 9, 2009, the Town owned 243 properties with a total site area of 200 sq. m or more. There are currently 9 properties that are not occupied by municipal uses and are being considered for potential disposition and/or further investment through the Town's Aurora Promenade Study. Several of these 14 General Committee Agenda Tuesday, June 15, 2010 ITEM # June 15, 2010 - 2 - Report No. CA010-010 properties have been the subject of previous Council reports and have recently been available for either purchase or lease. Table 1 below provides an update on the status of each building/property and a recommendation on potential next steps: Table 1: Status of Town Owned Vacant Property and Buildings Property Current Status Recommended Action Park Street Properly sold and consolidated No further action required. with adjacent commercial client in. 2009. Ross Street Property under contract with closing anticipated in late summer Declare surplus and finalize sale when appropriate. 2010. 15286 Leslie Street Conditional Sale approved by No further action required. Council in 2009 with closing anticipated spring 2010 with a final sale price of $888,264. Jack Woods 95 Allaura Blvd Property listed with Cushman, Wakefield, Lepage since early 2009 at a $1.15 million asking Revise the listing to include only the portion of the property with direct Allaura Drive exposure price. The listing agreement with the realtor expires on June 30, (approx 1.8 acres), Retain remainder of property including 2010. environmental lands and the existing tree nursery. Revise listing rice to $900,000 15059 Leslie Street Property listed with DTZ Barnicke since January 2010 at $16 million. Extend listing, if necessary through to February 2011. The listing agreement with the realtor will expire on July 15, 2010. Former Library 56 Victoria Street Property partially permitted to the 140 Aurora Air Cadets, the Aurora Bridge Club and a community Continue with current arrangements. Retain site for temporary administrative uses church once weekly. The site is related to the Town's Space also used occasionally for Accommodation Study for seasonal community uses approximately three years. Review including summer day camps. It after three years and develop long is also being considered for term plan within the context of the development/ redevelopment in Aurora Promenade Study. the Aurora Promenade Study. Former Senior's Property currently permitted to Continue with current lease Centre 52 Victoria Street Blue Balloon Health Service. The site is also being considered for developmentlredevelopment in arrangement. Consider property disposition based on the results of the Aurora Promenade Study. the Aurora Promenade Study. 216 Industrial Lease negotiations in final stages Finalize lease agreement when Parkway S with possible occupancy in summer 2010. appropriate. 15 General Committee Agenda ITEM # Tuesday, June 15, 2010 June 15, 2010 - 3 - Report No. CA010-010 Staff will continue to provide Council with regular updates on the status of the sites outlined in Table 1. ALTERNATIVES TO THE RECOMMENDATION Council may choose not to adopt the recommendation (s), as outlined in Table 1 of this report. FINANCIAL IMPLICATIONS The disposition of the various town owned assets in.question, whether through lease or sale, have the potential to generate significant additional revenue and capital. Staff will continue to report on the financial implications of each potential property disposition as required. CONCLUSIONS The Town of Aurora holds extensive property assets including 9 sites that are currently not occupied by municipal uses and are being considered for disposition. The purpose of this report is to provide Council with an update on the status of these sites and to . recommend a series of next steps for their possible disposition as outlined in Table 1. Staff will continue to update Council on the status of town owned property assets as'well as regularly review assets for potential redevelopment and disposition opportunities. None. PRE -SUBMISSION REVIEW This report was reviewed at the Executive Leadership Team meeting on June 2, 2010. None. Prepared by. Anthony lerullo, Manager of Strategic Initiatives, ext. 4742. Neil Garbe . Chief Administrative Officer 16 General Committee Agenda ITEM # Tuesday, June 15, 2010 /=QZ7 TOWN OF AURORA. AURVPO A. GENERAL COMMITTEE REPORT No. BBS10-006 SUBJECT: Land and Property Management System Implementation FROM: Techa van Leeuwen, Director of Building and Bylaw Services DATE: June 15, 2010 RECOMMENDATIONS THAT Council authorize staff to proceed with Capital Project #14042, an upgrade of our Land and Property Management System (Cltyviewl; and THAT Council approve an increase in the budget of $35,000 fora total project cost of $185,000 plus applicable taxes from $150,000, to be funded from the Building Reserve Fund PURPOSE OF THE REPORT To seek Council's authorization to proceed with Capital Project #14042 — Cityview Upgrade, with an increase in budget from $150,,000 to $185,000, BACKGROUND The Town's Land and Property Management System, Cityview, supports a number of core functions of the Town and is one of the key application foundations in the corporate application portfolio. The Town purchaseda basic version of Cityview in the late 1990's. The Building Division is the primary user and corporate sponsor of Cityview. Other departments currently using Cityview include Bylaw Services, Planning and Infrastructure and Environmental Services. At the November 10, 2009 meeting, Council recommended the following: THAT Prior & Prior Associates Ltd. be retained as.a sole source to undertake a review of the Town'sLand and Property Management System in the amount of$35,000 to be funded by the Building Reserve Fund. COMMENTS Prior and Prior Associates Ltd. did perform a fit gap analysis of our current Land and 17 General Committee Agenda ITEM # Tuesday, June 15, 2010 June 15, 2010 .2 - Report No. BBS10-006 Property Management System, hereon in referred to as Cityview. A thorough review and comparison of the current Cityview version 8 and a pre -built version 9 identified a number of gaps in the existing version to meet the.Town's present and future requirements. The outcome of the fit gap analysis recommended implementing Cityview9 as its Corporate Land and Property Management System in Building, Bylaw, Licensing, Planning and Engineering. Capital Project 14042 — Cityview Upgrade was approved in the 2010 Budget in the amount of $150,000, As this is a substantial project staff have spent a significant amount of time preparing an IT business case defining the scope and magnitude of the project, identifying staff resources, planning a phased implementation that will span over multiple years and confirming cost with the vendor, Municipal Software. A review of the project in consultation with the vendor resulted in an increased total.project cost of $186,000. The additional costs are attributed to the requirement for an additional server to support Cityview9 and costs associated with the phased implementation which in staffs opinion is critical for the overall success of the project. The project is planned to be implemented in three major phases. Phase Modules/Functions Estimated Timing Phase 1 Property Information and GIS 6 months (elapsed time) • Bylaw • Licensing Phase 2 Building Permitting (ncluding Public 9 months (elapsed time) Works approvals) • Building Enforcement Phase 3 Planning 6 months (elapsed time) • Public Works / Engineering 18 General Committee Agenda ITEM # Tuesday, June 15, 2010 June 16, 2010 - 3 - Report No. BBS10-006 ALTERNATIVE(S) TO THE RECOMENDATIONS 1. Council deny the request for additional funding. This would result in a delay in implementation and added time constraints on staff as staff would be required to perform some of the configuration work that would otherwise be done by the vendor. FINANCIAL IMPLICATIONS Staff is requesting approval to increase the 2010 capital project budget of $150,000 to $185,000. This project will be funded fully by the Building Reserve Fund and will span over multiple years as indicated in the phasing chart. There is a cost benefit to upgrading Cityview compared to a new application solution since we do not have to pay for the licenses and the pre -built package. Similar solutions with comparable functionality would likely cost upwards of $400,000. CONCLUSIONS A fit gap analysis conducted by Prior and Prior Associates recommended implementing Cityview9. As outlined in this report, a review of the project has identified some additional costs. Staff is requesting Council approve an increase in the capital project budget to $185,000. ATTACHMENTS Attachment #1 - Capita[ Project #14042 — Cityview Upgrade PRE -SUBMISSION REVIEW Executive Leadership Team — June 2, 2010 Prepared by. Techa van Leeuwen Director of Building and Bylaw Services — Ext. 4748 Tec a van re6umwen Director of Building and Bylaw Services Neil Garbe Chief Administrative Officer 19 General Committee Agenda Tuesday, June 15, 2010 Town of Aurora ITEM # Project Department Version Capital Projects To upgrade the corporately used application of our property based information database (CftyView) to version 9. CityView 9 includes lie -Builds as well as enhanced reporting, connectivity and improved performance. Ibis upgrade serves several departments: Building, Ftanning, Corporate Services - By -Law and Wblic Works. This version of the software Includes the required legislated components from Ministry of Municipal Affairs and Housing Bill 124 Legislation (enforcernent of the Ontario Building Code, processing of applications and conduclIng of inspections) requirerrents. The CityView 9 platform is a major new release of the widely used CityView product w hich builds on existing CityView capabilities adding new features and adding more flexibility, ease of use, extensibility and enhanced performance. Cityview 9.trapping Implementation includes current ESRI GIS technology. Expenditures Estimated Expenditures CONTRACTS Expenditures Total Funding Obligatory Reserves BILL 124 BUILDING RESERVE Funding Total Total Over{Under? Funded 150,000 r rrr r rrr (150,000) .r rrr3,, RN, General Committee Agenda ITEM # 75 Tuesday, June 15, 2010 Town of Aurora Capital Projects Project 114042 CitvView Upgrade Department I Financial Services Version IFInal Approved Budqet I Year 201�I Oblllatlon _ _ 15 _ -- 1 �andSAty --------t-0--�.—_—___—._____ __ ______________________ art Approved Town_ProSramsf Diredlon_ _ 15 ___,_______________ _— _ - _ — — ,_ _, _, _ — _ _ _ _ _ _ — _ ,..._ ... b Related ad Fundl______ .j _..__ferrrr___-_-__ ___-j______________....___-___---_ ..____-______ qg tot Deal 6 -______ ________________ —� i on Operations T � _ .. � — .. _ _ 6 :d to SeMra lwvals t_ 5__.__...___........._...___...______.......__._... 21 General Committee Agenda ITEM # Tuesday, June 15, 201.0 . TOWN OF AURORA AUI QRA GENERAL COMMITTEE No. BBS10-007 SUBJECT: Aurora Farmers Market and Artisan Fair Bylaw FROM: Techa van Leeuwen, Director of Building and Bylaw Services DATE: June 15, 2010 RECOMMENDATIONS THAT Council receive Report No. BBS10-007 for information; and THAT Council enact the Aurora Farmers Market and Artisans Fair Bylaw No 5252-10 at the June 22, 2010 Council Meeting. PURPOSE OF THE REPORT To provide Council with information on the proposed amendments to the Aurora Farmers Market and Artisans Fair Bylaw. BACKGROUND At the General Committee meeting of May 18, 2010, Mr. Andre Flys, Chair of the Aurora Farmers Market and Artisans Fair Executive Committee (AFM Committee) requested amendments to the current Farmers Market Bylaw. The following recommendation was adopted by Council on May 15, 2010; THAT the comments of the delegate be received for information; and THAT the requests of the delegate be referred to staff; and THAT staff bring forward the necessary amendments to the Farmers' Market Bylaw to Council for approval. COMMENTS Staff reviewed the existing bylaw and has made changes based on Council's resolution. Staff has also taken this opportunity to make some other minor amendments to the bylaw ensuring the Aurora Farmers Market Association and all approved vendors are in compliance. Below is an overview of changes made. The draft bylaw is attached for more detailed information. 22 General Committee Agenda ITEM Ii# 4 - 2 Tuesday, June 15, 2010 June 15, 2010 - 2 - Report No. BBS10-007 Section 1.0 - Definitions Several definitions have been added to the bylaw for clarity including the following; 1.1— "AFM Committee" 1.2 — "Certificate of Approval" 1.3 — "Director" 1.6 —!'Stall" 1.7 — "Town" Section 3.0 — Market Days and Operation This section has been expanded for clarity and allows the AFM Committee to determine commencement and cessation of the Farmers Market within some parameters. Section 5.0 — Administration and Permits This section has been expanded to include provisions for the vendorto seek approval from the AFM committee as part of the application for permit from the Town. It also specifies insurance requirements for the AFM Committee and the obligation to maintain a membership with Farmers Market Ontario. Section 6.0 -- Market Sales This section addresses the request of the AFM Committee Chair, Andrew Flys, to include permission for prepared food and refreshments. Schedule "A" — Fees The fees have been amended to set a standard fee for a Stall Permit regardless of the size. This amendment was a request of Andrew Flys, AFM Committee Chair. ALTERNATIVE(S) TO THE RECOMENDATIONS 1. Council could choose not to enact the amending bylaw which includes a provision for repealing the current bylaw. The current bylaw would be in full force and affect which may result in contraventions of the bylaw. FINANCIAL IMPLICATIONS The proposed fees eliminate the extra charge of $160.00 for a multiple stall. There may be a slight reduction in revenue based on the standard fee of $75.00 for all stall permits. 23 General Committee Agenda ITEM # 4 - 3 Tuesday, June 15,2010 June 15, 2010 - 3 - Report No. BBS10-007 CONCLUSIONS . Staff is recommending Council enact the Aurora Farmers Market and Artisans fair Bylaw No. 5252-10, as amended at the next Council meeting of June 22,. 2010. ATTACHMENTS Attachment #1 — Draft Aurora Famers Market and Artisans Fair Bylaw No. 5252-10. PRE -SUBMISSION REVIEW Executive Leadership Team— June 2, 2010 Prepared by. Techa van L.eeuwen Director of Building and Bylaw Services — Ext. 4748 Techa van Leeuwen Director of Building and Bylaw Services Neil Garbe Chief Administrative Officer 24 General Committee Agenda ITEM # Tuesday, June 15, 2010 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5252-10 i BEING A BY-LAW to provide for establishing, maintaining, operating and regulating the Aurora Farmers Market and Artisans Fair. WHEREAS section 113 of the Municipal Act 2001, S.O. 2001, c. 25,. as amended, provides that a local municipality may (a) establish, maintain and operate a farmers market, a flea market and other similar types of markets; and (b) regulate a farmers market, a flea market and other similar types of Ii markets of any person including regulating the hours of operation of a market; 1 AND WHEREAS a farmers market provides a marketing opportunity to local farmers, growers, producers, artists and crafts people to increase consumption of local products and to benefit the local economy; - NOW THEREFORE the Council of The -Corporation of the Town of Aurora hereby deems it necessary and expedient to enact as follows: 1.0 Definitions 1.1 "AFM Committee" means the Aurora Farmers Market and Artisan Fair Executive Committee; 1.2 "Certificate of Approval" means a certificate issued by the AFM Committee stating the perm@ applicant is an eligible vendor, having met all membership requirements ofthe Market; 1.3 "Director" means the Director of the Building and By-law Services Department or her or his designate; 1.4 "Market" means the Aurora Farmers Market and Artisans Fair, 1.6 "Permit" means a permit issued by the The Corporation of the Town of Aurora i to a Vendor for a Stall; i I 1.6 "Stall" means the rental of a Full Season Double, Full Season Single, Special Events and/or Single Day Stall for which a permit has been issued by the Town; 1,7 "Town" means The Corporation of the Town of Aurora; 1.8 "Vendor" means a Vendor at the Aurora Farmers Market and Artisans Fair. 2.0 Location The Market shall be located on Wells Street between Mosley, Street. and Metcalfe Street and In Town Park. 3.0 Market Days and Hours of Operation The Market shall be held on Saturdays, subject to the following: (a) the Market shall operate from 8:00 a.m. to 1:00 p.m.; (b) the Market shall commence operation In the month of May of each year, on a date to be -determined by the AFM Committee; and 25 General Committee Agenda Tuesday, June 15, 2010 ITEM By-law 5252-10 Aurora Farmers Market and Artisans Fair By-law _..__ Pape 2 of 4 (c) the Market shall cease operations in the month of October of each year, on a date to be determined by the AFM Committee. 4.0 Permit Requirement 4.1 No person shall offer for sale any produce, food items, products, goods or wares without first obtaining a Permit from the Town as set out In. paragraph 5.0 of this By-law. 4.2 The Director, in her/his sole discretion, reserves the right to refuse the Issuance or renewal of a Permit on behalf of the Town. 5.0 Administration and Permits (a) Every Vendor shall complete a Permit application as provided by the Town and shall pay the applicable The set by the Town, which fee shall be set out In Schedule W of this By-law; (b) Every Vendor shall supply a current year Certificate of Approval from the AFM Committee with their Permit application; (c) Permits shall be obtained by every Vendor each year prior to operating a Stall at the Market; (d) Permits are not transferable; (a) Vendors shall be provided space based on the terms of their Permit; (f) The Market shall provide the Town with a Certificate of Insurance indicating comprehensive general liability insurance in an amount of no less than Five Million Dollars ($5,000,000.00). Such insurance shall be in effect for the duration of the Market season as set out in paragraph 3.0 and shall name the Town as an additional insured party; (g) The AFM Committee shall maintain a membership with Farmers Markets Ontario and comply with all terms and conditions of that Membership; and (h) The AFM Committee shall provide the Town with proof of Its membership with Farmers Markets Ontario on an annual basis. 6.0 Market Sales 6.1 No Vendor shall sell, offer for sale or expose for sale any produce, food Items, products, goods or wares at the Market except the following: (a) agricultural and horticultural products; (b) handicrafts and crafts; (c) home -baked goods; (d) meat or cheese products; (a) eggs; and . (f) prepared food and/or refreshments 6,2 No Vendor shall sell items unless the Vendor produces, makes or grows 70% or more of the produce, food items, products, goods or wares offered for sale. 6.3 Section 6.2 of this By-law shall not apply to Vendors who solely sell, offer for sale or expose for sale any prepared food and/or refreshments under section 6.1 (f) of this By-law. 6.4 No Vendor shall offer for sale any live animal, including any live dogs, cats, birds, fish or reptiles at the Market. 7.0 Vendor Responsibilities 7.1 Vendors shall comply with the applicable provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and the applicable regulations made under that Act. General Committee Agenda Tuesday, June 15, 2010 ITEM # 4 - s By-law 5252-10 Aurora Farmers Market and Artisans Fair By-law 7.2 Vendors shall keep their Stall in a clean and orderly state and shall leave It clean and free of litter. 7.3 No Vendor shalt operate an independently motorized vehicle in the Market during such times as the Market is open.. 8.0 Offence Any person who contravenes any section of this By-law shall be guilty of an offence and on conviction is liable to a penalty as prescribed for In the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 9.0 Severability and Conflict If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperable In whole or in part, or inoperative In particular circumstances, the balance of this By-law, or its application In other circumstances, shall not be affected and shall continue to be1n full force and effect. 10.0 Short Title This short title of this By-law is the Aurora Farmers Market and Artisans Fair By-law. 11.0. Repeal Byelaw 5125-09.1s hereby repealed. READ A FIRST AND SECOND TIME THIS 22TH DAY OF JUNE, 2010, READ A THIRD TIME AND FINALLY PASSED THIS 22TH DAY OF JUNE, 2010. PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK avmouJar ro?dw y S.Wku SOW— axu: & is o 27 General Committee Agenda Tuesday, June 15, 2010 II ITEM # 4 By-law 5252-90 Aurora Farmers Market and Artisans Fair By-law Pace 4 of 4 Schedule "A' Fees Stall Permit $75.00 per season or part thereof Special Events Permit $75.00 per season or part thereof Single Day Permit $35.00 per day or part thereof W General .Committee Agenda ITEM ## 5 - 1 Tuesday, June 15, 2010 i-- TOWN OF AURORA AUR_oRA GENERAL COMMITTEE No. CFS10-018 SUBJECT: Council Compensation -- Required Review of One -Third Tax Free Portion FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: June 15, 2010 RECOMMENDATIONS THAT the one-third tax-free "deemed expenses" portion of the remuneration of members of Council be continued, and, THAT draft By-law #5253-10 be adopted to perpetuate the one-third "deemed expenses" portion in a separate by-law. PURPOSE OF THE REPORT Members of Council currently receive one-third of their remuneration as deemed expenses, . which is not subject to statutory deductions including income taxes. At the end of 2002, the ability to create the one-third expenses portion was discontinued with changes to the Municipal Act, 2001 (the "Act); however, previous by-laws establishing such were grandfathered to continue, provided such by-law is reviewed at least once each term of Council thereafter. This report has been provided to conduct such review: BACKGROUND Compensation for members of Council may be established subject to the conditions of Section 283 of the Act (extract included at Attachment #1). Council currently receives one-third of its established compensation in the form of a tax- free provision forexpenses deemed to be for expenses incidental to his or her duties as a. Member of Council. This was permitted by section 255 of the old Municipal. Act, was confirmed by Council by resolution as required on September 24, 2002. The new Act grandfathers any such resolution which was not repealed. priorto December 31, 2002, and actually deems such resolution to be a by-law of the municipality. This resolution or deemed by-law has never been formally repealed. The one-third provision was perpetuated most recently by section 2 of By-law # 4859-06.F which sets the actual compensation amounts, and refers to the one-third provision. (included as Attachment #2). While allowing for the grandfathering as forAurora, the Actdoes not permit the creation or re-creation of any such deemed expenses allowance after any period of its absence subsequent to January 1, 2003. 47 General Committee Agenda ITEM # 5 - 2 Tuesday, June 15, 2010 June 15 2010 - 2 - Report No. CFS10-018 Subsection 283(7) of the Act requires each subsequent Council to review said by-law or at least once each term. At the time of review, Council may choose -to repeal the by-law. Again, once repealed, such tax-free portion of compensation can not be reinstituted. The current Council is not compelled to establish the compensation of the next council by any statute; however it is compelled to review the one-third expense allowance by-law or resolution at least once per term. No such review has occurred to date this term. Review of the One -Third Tax -Free Allowance By-law Upon its review, Council may choose to leave the one-third provision in effect or to repeal the provision by repealing the deemed by-law. If the decision is made to continue the allowance, it would remain until the next review by this or the next Council, which can take place at any time during their term. If the decision is made to repeal the one-third provision, the Act requires that such repealing by-law be effective on January 1 of the year following the year in which it is passed. If repeal was being considered, some discussion or decision may be appropriate, although not necessary, with respect to the resulting compensation of the affected members. This could include a specific direction to gross -up the current compensation to effectively neutralize or offset the incometaxation that will then occur, so to have the effect of the same or similar "take home" amount. This gross -up approach has been implemented by a number of municipalities which chose to move away from the one-third provision. The following table outlines the current compensation, and the impacts necessary for a gross -up to maintain approximate take home pay. (Each Members tax and income situations differ, so no singular gross -up amount will be exactly correct all Members) Budget Impact of Gross -up Required for "Neutrality" Current Compensation with one-third tax free portion Grossed -Up Compensation required to maintain take-home pay Mayor — Gross Pa $53,057 '* $73,710 ** Mayor —Arox. Take Home bi-wk $1,827 ** $1,827 ** Councillor — Gross Pa each $25,415 $28,415 Councillor —A rox. Take Home $955 $955 Incremental Cost to Corporation including Employer Portions $47,900 ** excludes regional councillor compensation 30 General Committee Agenda ITEM ## Tuesday, June 15, 2010 June 15, 2010 .3. Report No. CFS10-018 If cancelled, the one-third tax-free portion cannot be reinstituted by this or any future Councils. Accordingly, staff recommend the preservation of the one-third tax free portion of the compensation of all Members of Council. While staff believe the current one-third resolution, combined with a series of by-laws is sufficient to perpetuate the one-third portion, staff here -in recommend that in preserving the one-third portion, a separate by-law in the form of the attached draft By-law #5253-10 be adopted. FINANCIAL IMPLICATIONS There would be no immediate current year financial implications to the Corporation of any direction, action or inaction taken with this report. If the one-third portion provision 15 removed, there would be no impact in any event until January 1, 2011, and.only if the salaries were grossed up. ALTERNATIVE RECOMMENDATIONS 1. Receive this report only, and/or; 2. Adopt draft By-law #5253-10 to clearly perpetuate the current one-third "deemed expenses" tax free portion of the compensation of Council, and/or; 3. Direct staff to prepare the necessary by-law for adoption to repeal the by-law which establishes one-third of Council's current compensation as deemed expenses, CONCLUSIONS This Council is required to considerthe continuation of the one-third taxfree portion of the compensation of members of Council; either to repeal it, or to continue it. Staff recommend its continuation, and adoption of a separate by-law to identify Council's intent. . ATTACHMENTS Attachment #1 — Extract from the Municipal Act, 2001, .Section 283 Attachment #2 — By-law 4859-06.17, being a by-law for the compensation of Members of Council Attachment #3 — Draft By-law 5253-10 being a by-law to perpetuate the one-third deemed expenses provision for members of Council 31 General Committee Agenda ITEM ## 5 - 4 Tuesday, June 15, 2010 June 15, 2010 - 4 . Report No. CFS10-018 PRE -SUBMISSION REVIEW Management Team Meeting - Wednesday, June 2, 2010 Prepared by. Dan Elliott, Director of Corporate & Financial Services — Treasurer Ext. 4772 Dan lliott, C.A. Director of Corporate & Financial Services - Treasurer Neil Garbe Chief Administrative Officer 32. General Committee Agenda ITEM # Tuesday, June 15, 2010 June 16, 2010 - 5 - Report No. CFS10-018 ATTACHMENT #1 Extract from Municipal Act of Ontario, 2001 S.O.2001, CHAPTER 25 Section 283 Provisions related to Compensation of Members of Council REMUNERATION AND EXPENSES Remuneration and expenses 283. 1 A municipality may pay any part of the remuneration and expenses of the members of any local board of the municipality and of the officers and employees of the local board. 2001, c. 2.5, s: 283 (1). Limitation (Q Despite any Act, a municipality may only pay the expenses of the members of its council or of a local board of the municipality and of the officers and employees of the municipality or local board if the expenses are of those persons in their capacity as members, officers or employees and if, (a) the expenses are actually incurred; or (b) the expenses are, in lieu of the expenses actually incurred, a reasonable estimate, in the opinion of the council or local board, of the actual expenses that would be incurred. 2001, c. 25, s. 283 (2). Local boards (3) A local board of a municipality, may pay remuneration to and the expenses incurred by its members, officers and employees to the extent that the municipality is able to do so under this Act. 2001, c. 25, s. 283 (3). Limitation M No part of the remuneration of a member of a council or local board paid under this section is deemed to be for expenses incidental to his or her duties as.a member and a municipality or local board shall not provide that any part of the remuneration is for such deemed expenses: 2001, c. 25, s. 283 (4). Former by-law (�5 Despite subsection (4), if a resolution of a municipality.under subsection 255 (2) or (3) of the bid Act is not revoked before January 1, 2003, the resolution shall be deemed to be a by-law of the municipality and one-third of the remuneration paid to the elected members of the council and its local boards is deemed as expenses incident to.the discharge of their duties as members of the council or local board. 2001, c. 25, s. 283 (5); 2002, c. 17, Sched. A, s. 46 (1). 33 General Committee Agenda ITEM # Tuesday, June 15, 2010 June 15, 2010 -6. Report No. CFS10-018 Repeal (6) A council may repeal a by-law under subsection (5) and the repealing by-law shall be effective on January 1 of the year after the year in which it is passed. 2001, c. 25, s.283(6). Review On or after December 1, 2003, a council shall review a by-law under subsection (5) at a public meeting at least once during the four-year period corresponding to the term of office of its members after a regular, election. 2001, c. 25, s. 283 (7); 2002, c. 17, Schad. A, S. 46 (2); 2006, c. 9, Schad. H, s. 5 (4). If by-law passed under subs. 255 (2) of old Act (1 If the City of Mississauga or the Town of Markham, as the case maybe, passes a resolution under subsection 255 (2) of the old Act and, as of January 1, 2003, is deemed to have passed a by-law under subsection (5), then, despite subsection (6), the by-law shall not be repealed by the City of Mississauga or the Town of Markham, as the case maybe, unless the municipality proposing to repeal the by-law first ceases to provide any pension benefits under the City of Mississauga Act, 1988 or the Town of Markham Act, 1989, respectively. 2002, c. 17, Schad. A, s. 46 (3); 2006, c. 11, Schad. B, s. 9 (3); 2006, c. 32, Schad. A, s. 116 (1). If by-law not passed under subs. 255 (2) of old Act (9) If the City of Mississauga or the Town of Markham, as the case maybe, does not pass a resolution under subsection 255 (2) of the old Act, (a) despite 'the City of Mississauga Act, 1988.or the Town of Markham Act, 1989, the City of Mississauga or the Town of Markham, as the case may be, shall not provide a contribution for a pension under those provisions and no calculation of a pension.or combination of a pension with another pension shall be made underthose provisions in respectof service of a council member after that date; and (b) any pension benefit earned or accruing under those provisions with respect to service on or before December 31, 2002 shall continue. 2002, c. 17, Schad. A, s. 46 (3); 2006, c. 11, Schad. B, s. 9 (4); 2006, c. 32, Schad. A, s. 116 (2). Regulation (10) The Minister may, by regulation; prescribe transition rules in respect of the matters set out in subsections (8) and (9). 2002, c. 17, Schad. A, s. 46 {3). 34 General 4 Tuesday, itte Agenda ATTACHMENT#2 159 01 . . THE CORPORATION OF THE TOWN OF AURORA # 5. By-law Number 4859-06.F BEING, A BY-LAW to provide for the annual remuneration to be paid to the Mayor and Members of Council. WHEREAS Section 283 (1) of the Municipal Act, S.O. 2001, C. 25, as amended authorizes the Council of a local municlpalityto pass by-lawsfor paying remuneralion to the members of council, and such remuneration maybe determined in any mannerthat the council considers advisable; .NOW THEREFORE THE COUNCIL. OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. . THAT By-law 4859-06.F shalt come into force effective December 1, 2006, 2. THAT an annual allowance shall be paid to each Member of Councll of the Town of Aurora, one third of which shall be deemed to be for expenses. 3. THAT the remuneration paid shall be established as follows: MAYOR COUNCILLOR December 1, 2006 $48,545.00 $23,254.00 4. THAT the remuneration paid to the Mayor for the next term of Council shall be automatically adjusted on. an annual, basis to reflect the economic salary adjustments that are granted totho full-time non union group forthe same 4 year period. 5. THAT the remuneratlon paid to Councillors for the next term of Council shall be automatically adjusted on an annual basis to reflect the economic salary adjustments that are granted to the full-time non union group for the same 4 year period. 6. THAT the Mayor shall be provided with a vehicleftvel'Alowance of $,800.00 per month for the use of his personal' vehicle while travelling on Town business. The travel allowance shall be further adjusted at the CPI rate annually effective December 1, 2006. 7: THAT the Mayor shall be provided with a benefit plan including medical, dental, and life insurance overage 8. THAT the Mayor shall be permitted to participate in the OMERS pension plan. 9. THAT Councillors shall be provided with a vehicle/travel allowance of $1,000.00 per annum for the use of their own personal vehicle while travelling on Town business. The travel allowance shall be further adjusted at the CPI rate annually effective pecember 1, 2006. 10. THAT Councillors shall be offered on an optional basis at the Councillors expense, a benefit plan including medical, dental and life insurance. 11. THAT subject to the current policy, the Mayor shall also be p?evided with a expense allowance of$3,300par annumtoattend special functions onbehal f the,Town. 35. General C mitte Tuesday, J ne 15, Agenda 010 By-law No. 4859-061 11 11 TEMI # Page 2 .12. THAT subjectto the current policy, Councillors shall be provided with an expense allowance of $450 per annum per Councillor in order to attend special functions on behalf of the Town. 14. THAT By-law 4459-03.0 is hereby repealed on December 1, 2006. READ A FIRST AND SECOND TIME THIS 2e DAY OF SEPTEMBER, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 2e DAY OF SEPTEMBER, 2006. 36 General Corn Tuesday, June 15u 2010 ATTACHMENT#3 ITEM # 5 - 9 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5253-10 BEING A BY-LAW to provide for one-third of the annual remuneration paid to the Mayor and Members of Council to be paid as deemed expenses. WHEREAS section 283 of the Municipal Act 2001, S.O.2001, c. 25, as amended (the "Act"), authorizes the council of a local municipality to pass by-laws to remunerate and to pay the expenses of members of the council;_ AND WHEREAS subsection 283(5) of the Act provides for the grandfathering of past resolutions of the council made under subsection 255(2) or (3) of the Municipal Act, R.S.O. 1990, c. M.45, as amended (the "old Act'), which provided for one-third of the remuneration paid to the elected members of the council to be deemed as expenses incident to the discharge of their duties as members of the council; AND WHEREAS the one-third deemed expenses provision of the Council of The Corporation of the Town of Aurora (the "Town') was perpetuated previously by By-law Number 4208.00.C, the Council resolution made on September 24, 2002 under subsection 255(2)of the old Act, By-law Number 4459-03.0 and by Bylaw Number 4859.08-17, respectively; AND WHEREAS Council's resolution of September 24; 2002, made under subsection 255(2) of the old Act, has not been repealed and remains in effect; AND WHEREAS subsection 283(5) of the Act provides that any resolution made pursuant to subsection 255(2) of the old Act, which is not revoked prior to January 1, 2003, is deemed to be a by-law of the municipality; AND WHEREAS Council deems it appropriate to formally codify the perpetuation of the one-third deemed expenses resolution in a by-law separate from compensation amounts for periodic review; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT an annual remuneration shall be paid to each Member of Council in respect of their duties in their local elected position, the amount of which is to. be determined by separate by-law. 2. THAT one-third of the annual remuneration paid to each Member of Council in respect of their local elected position shall be deemed as expenses incident to the discharge of their duties as Members of the Council. READ A FIRST AND SECOND TIME THIS 22nd DAY OF JUNE, 2010. READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF JUNE, 2010.. as to gam sffvko 8yewtwe ah'A_ a_... -t ✓nr. 10 , 2010 PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK 37 General Committee Agenda ----- --- --- ITEM4 —6 - 1 Tuesday, June 15, 2010 /- TOWN OF AURORA AuR_oRA . GENERAL COMMITTEE REPORT No. CFS10-021 SUBJECT: Capital Projects Financial Position Report as of December 31, 2009 FROM: Dan Elliott, Director of Corporate & Financial Services. - Treasurer DATE: June 15, 2010 RECOMMENDATIONS THAT report CFS10-021 be received from management, and, THAT the project closures and capital funding adjustments outlined in Attachments #1 and #2, as summarized in Attachment #3 be approved. PURPOSE OF THE REPORT To present Council with information necessary to monitor capital project status through to December 31, 2009 and to propose project closures and funding adjustments. BACKGROUND The Capital projects financial position status report as of December 31, 2609, provides an overview of the Town's capital projects and was prepared in consultation with various Town staff that are responsible for managing their department capital projects. All capital projects have been reviewed and recommendations provided for any budget adjustments and potential closures of projects with any funding surpluses being returned to their original funding sources. This report includes the following four appendices: 1) Attachment #1— Capital Projects to be Closed, identifies 25 capital projects that are completed and can be closed. The net surpluses from these closed projects are to be returned to their original source of funding and minor shortfalls are requested to be funded from the original funding source. EE General Committee Agenda Tuesday, June 15, 2010 ITEM # June 15, 2010 - 2 - Report No. CFS10-021 2) Attachment #2 — Capital Projects with Funding Adjustments. lists seven projects which are recommended for consolidation with another open capital project, or require funding adjustments. 3) Attachment #3 — Summary of Budget Adjustments, summarizes the adjustments resulting from the various project closures and budget adjustments as outlined in Attachments #1 and #2. 4) Attachment #4 — Remaining Open Capital Projects provides an inventory and a progress status update for all 95 projects remaining open as of December 31, 2009, including projects which may be included on Attachment #2 as receiving funding adjustments. Any such proposed adjustments are presumed as approved for purposes of preparing this schedule and are reflected in the list of open inventory of projects. COMMENTS As of December 31, 2009, the Town had a total of 124 active capital projects.. Staff is recommending the closure of 25 of these capital projects as noted in Attachment #1. These 25 projects have a net surplus of $1,496,771.to be returned to their original source of funding. In addition to the closures, staff are also recommending consolidation of four project accounts with another existing project in Attachment #2. Notes of explanation are provided. Status of Open Capital Projects - Attachment #4 Town staff from all departments have reviewed the open capital projects list and have identified the progress of the 95 remaining projects. (124-25-4=95) For purposes of enhancing the simplicity and usefulness. of the report, Financial Services established categories of progress for staff to use in their deliberations: Not Started, Design Phase, Financially Committed, Warranty, or Other. All projects are listed by department, show their status as reported by the project managers, and additional comments are provided where warranted. .Each department head has reviewed this report for their respective projects. 39 General Committee Agenda ITEM # Tuesday, June 15, 2010 June 15, 2010 .3. Report No. CFS70-021 ALTERNATIVEM TO THE RECOMMENDATIONS 1. Amend the recommended projects for closure and/or funding adjustments. 2. Direct that certain projects identified by staff to remain open be cancelled and closed at the current status. FINANCIAL IMPLICATIONS This report recommends net capital project .closures and funding adjustments of $1,496,771 being returned to the original funding sources, since the projects are complete and/or the funding is no longer required to bring the project to full completion. The portfolio of remaining open capital projects contains 95 projects, with a total budget funded value of $29,040,142, with $18,389,576 spent to date, with a remaining approved available budget value of $10,650,566 as detailed on Attachment #4. This report does not include Library projects. Capital projects vary in -expected delivery time from date of approval; some projects naturally taking .several years to complete, such as major computer systems projects, while some projects may only take a few months from approval to complete, such as a vehicle replacement. Project delivery can also be constrained by staff resources, or project integration with.other departments or the Region of York. Occasionally, the Town receives grant or donation amounts to fund in part some of our capital undertakings. The Treasurer has previously been authorized. to make necessary funding adjustments to open capital projects as appropriate upon receipt of funding from other sources, to return to source previously approved Town funding, and substitute the received grant or donation amount. The treasurer is not authorized to increase the total project budget; or to increase the scope of the project by the new funding. CONCLUSIONS Staff from all departments continue to work on completing outstanding, capital projects to Which Council has committed funding, and which the community anticipate realization. This report is intended to update Council on the status of each open approved project, bring closure to some, funding adjustments to others, and provide a status report on all remaining projects. rul General Committee Agenda ITEM # 6 - 4 Tuesday, June 15, 2010 June 15 2010 - 4 - Report No. CFS10-021 ATTACHMENTS Attachment #1 — Capital Projects to be Closed Attachment #2 —Capital Projects Funding Adjustments Attachment #3 — Financial Summary of Budget Funding Adjustments and Closures Attachment #4 - Inventory and Status of Capital Projects Remaining Open PRE -SUBMISSION REVIEW Input solicited from all staff responsible for projects and compiled by Financial Services. Executive Leadership Team — Wednesday June 9, 2010 Prepared by: Dan E11104 Director of Corporate & Financial Services — Treasurer Ext #4772 l liott, C.A. Director of Corporate & Financial Services - Treasurer Neil Garbe Chief Administrative Officer 41 Genera Tuesda Committee Agenda ATTACHMENT#1 ITEM # 6 - 5 ca E L to d d GO.2 ~23 od° c r;N m.OU orn m �Nr°n 0 co E w O°� cu LOC7dO E .rU.+ 0 M to'N oOOL' LO G p- �aML+ cdQCi OViNDr 0vE' fOAtl am �•t�+j}+ SVO'., , W ` NK7(y IQRtl - dE ,4; GFdU� E 0.0.0 fOG N LO a v 8MVN N 0. 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ID N ': M 10 co fr Q J � � N 43 General Committee Agenda III a& os_ 7noin ITEM # s - Tuesda h O O O O O O Ai' p % N N N N N 'O N '0 C y ^, _a C - v C a C v C a C v 0 C p c C R O Y �. .a Or C �7 E"EA .E EQ" Ea 00 °ate N R.E o R yz m 4�UdtimR mo rca�. yUmo day d J ,0J_N d SOti aNQi Y 'C 'yR ' OE c' 3 Q '- yaa 'd=-�0N cOLQQR — h P O O UO O O O O O RPOO O O20 .p Ci CU O O NM N 00) W m NC y2h N2t0 N O w F O O M ':Q qQS. c! N. N C i O 7y N .�•' O �.0 N r 2 O r N a- T' OL. T' a N = d d p 0 a r d O .0 a O�,C f9 to H N r M N _ tt'+dt'r�� i.. tNEI /a) :� s: N N' N c 01 N r n V• t4 : 3_ vi':L:::�ut. - i::vjiiji''.tS IfPt kPr ER HT <; d> fA HT /fl Vi _ 0. ,pi 4 0 n : rn no rn 4n tis r -a 3. HEM vDRI-RI. _'CL h N N M M C U E O i6 : tsr w tfr' Os va v3 c Q c 0 0 F a _' tq to fA % f9 fff fA toTtMH H; O y F a s IL c N m SS R R 137 U W Y M Q lollM^ O a O �< N N. h L _ R C M R a' a `o E o o a2f: � E° rn 12 0. E O U r N 0 0) ,0 M R It mm C M Q. O M'C R O- N M p@ C Q'O R M J h d7 'h :n no Q7 U` UFO- N_ N N N N N Nn t r0 J: L' d �• 6 a tr- a m General Committee Agenda ;. |T§m # e-k Tuesday, Jun 1m 2010 &±c5,&' . w . ) _ - # # 4!\R ; (\ i General Committee Agenda ITEM * 988 Tue � w Jun 1m 2010 . ATTACHMENT m \ E . .. . .. . )� ) ` E \7 \ \} }) Ja §] < rzRE § \ \ #§ J } V" ) )) [ / // �~ )$!/{ �f ® ~!-!■! \/\\§<}. . �/) ii � F2 / ik � a `® ®® � <<!a R! 2 2\!E2 General. Committee Agenda Tuesday, June 15, 2010 ■T§m ■ 0000- )( - \(:;- . . :ZOO \\ § § . - . |\ ( ) « } / .13 \ /» - ®` General Committee Agenda A TWHMENT-1#4' JITEM # 6 - 11 Tuesda 1. Ju e 15. 2010 rL R 9 it UM 16 L= MwRel if INI E E 11 1 Win i -1 D R i V g I E I . . E - w vi - 1, ........... 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EN -ME qg .0 fe S H-1 OM 1.2 log, NO I NUNN, t2 2 NUNN M-1-1-- 20� .................. ........................................ awag jig -mum hp V w 0a 04 -sE MEOW 8 8 w 18, W❑1 ke 1s 1 mis A � M M I ITEM General Cdmmittee Agenda Tuesda f, Ju e 15, 2010 to in-.-= 0 oc o m E2 41tt N.'s Ito row 4 P M I .5 Cq vi I7 0 0 4m it, gm�g Lo mit'n "i cli IR M It"t 1`4, t4 Mat 0 tit WIN 1 8 — —, ;iNVII :2 t,t.-commo S1 Z ocm t5 0 .0 2� 0 0 2 R 2 2 2 2 t v 89 f- R - 02 OL (9 j W V� w I < 50 General Committee Agenda Tuesda June15 2010 ITEM #6-14 RERUN-; __- = s - ii:N V NK o. sw IN - y m g' ii.N N N N N W W O O N. W N O N it-viiie ii N '' N N N N -a. .. lu a d a m a R s m03�w co 51 General Committee Agenda Tu ITEM # 6 - �5 52 General Committee Agenda JITEM Tuesdair. Ju e 15. 2010 1 5 A2 FA .1 0; MA T— MN Ms E U 2 �0- IS E L2 0 '0- 0 1 0 cc 0 cc sj A ------ 12 's r2 �vp -za; 14 4i -Ile qq om . . . . . . . . . . . 444 RV S 't z; If If io— t i —ib . ............. =m— cd Ni a nr—E CO O Ng. N. F 65 3-0- M —7 .......... 2 (0 FL 2'2 w M 00 0 53 General Committee Agenda Tuesday. June 15. 2010 ITEM # 6 - 17 (OV C d T C C V O W V W N y p J ! R3.20 a. o N pc •pG8pG��1^'SBL�p 9 E O O L.s cNmnoo'- p •O C n ,p .'.k=_at`o2W _w°qo '� 0i CSN = �EM —NO E m id yaol; E wO B!o n q ,a0 �E aog c'cNoia9N Ev `-i „3s''t'9`ti ue � n b v Mo 0 N - n V V MHO ire ME » b » vo ui ra M w O � � i!J o o y b M m iiup O] - m o o ^i N W bl ix 4 dCi4�:u �C ix: . m b O O b O O o O i"' .1.'c.-a;Yu} y`V: �_�:: 1`• Q O N OI h O O 1 _u:O,Oi.;iii G..:..it O O lO O O o O O O " N [O N ul O O O O N h M O N b riP^'ds'Guiil!j Out !g t9 M 19 M W b1 N M Ui U a a.� ov En .°o' �v a 2•C on a.h".. .m �C c j m a h 54 ITEM General Committee Agenda Tuesday. June15 2010 A 't R arN p P z=v m� N�N'O00 O QGm` V�G ..... Rim IL d —_x 91 I"u�i.—s.Ai. P P a O•'== N N N N O _ ''yay�kk Ji+:iiyt'.bl CI 3 1 —71 C a D o m _ Ei 55 ITEM # 6 - 19 General Committee Agenda Tuesday. June 15 2010 E.5 .' ji W m m m w a a lqljrM1 M N Y s_aE'vy U a ~^ Mi 1.JOT, ^d F... 'g �ee fib.. c . w w w ID F o n Egg I A_ .... ..: V w M 12 W'. ry FY+; O O O c c W c N zi w W z oa rc 12 56 General Committee Agenda ITEM # 7 - 1 Tuesday, June 15, 2010 r- TOWN OF AURORA ALJ QRA GENERAL COMMITTEE REPORT No.CLS10-016 SUBJECT: Pending list FROM: John D. Leach, Directorof Customer & Legislative Services/Town Clerk DATE: June 15, 2010 RECOMMENDATION THAT report CLS10-016 be received. 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. May 18, 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 57 General Committee Agenda Tuesday, June 15, 2010 June 15, 2010 FINANCIAL IMPLICATIONS None CONCLUSIONS ITEM # 7 - 2 - 2 , Report No. CLS10-016 That.CLS10-016 be received for information. ATTACHMENTS Attachment #1 — Pending List PRE -SUBMISSION REVIEW Executive Leadership Team - June 2, 2010 Prepared by: Cindy Janzen, Manager ofLegislative. Services/Deputy Clerk, ext. 4217 Ich Neil Garbe Customer.& Legislative Chief. Administrative Officer )wn Clerk MI General Committee Agenda Tuesday, June 15, 2010 ITEM # 7 -� af. yw on s t > t: '0 a �- W N c V p E W U W N . E'b N� O)� C U O� d •� V W N_ �f _C O '� C 4 tp _ qt FNOcQQN� ZAP2 F, �ON��WC �S O.O VVj ' C m O, 9, w O E E �• C N P O '. 3C O 00 O O Qum O 0ZE W 2 0 D a:E WPC W W j0 O m ' 2y � C=Z �I am`mi' su 1L" z� 4 L �0.Ua ei tc » m O R N W Z 0 'o .O J N W O '0 � ow m'`�- � o�� a' '�E I-- Z fnmc c y m j° - L McJ �dl�Q 'S� r .0 CAW WCa �C L°WE E O'«O C C C 0- C W U M E 0. W E2 0$ N U CA mmm N o.C9mUm�m��CO) oW 'o��ai U r O N • O E'p'c EP;RmEW" .o-Lo oOA O'U S 0°uE>>�" ofn'o - o oU 4 mmoco 00o � 0EJ2f» 00 U m4 ❑LL;c w4 . N N L6 4 O O6 O am CRY O O O O O ,� N Z Z� 59 General Committee Agenda Tuesday, June 15, 2010 ITEM # N 'jj N W �5E �oot RI vm �OOU v5 CNN OEo mN N2 �2 �NN am+d a :� m N N m@� O T' Q m m G E 0 >. �. �� ID fin C i y o. m f0 F- E o o v cO m I'- r. o o m'a m m o a m �u+ $ c L¢ N� O c U E a:!; mjg i s E m ce 2 4 m axi m O ¢¢ 3 ro m O °� m m ci F°- m-tiaF= '. om� tl6 of ' N C_ •E r< m c;a O T Boa n C J i W m EV 0 m. 3 0 o ; I o..roi oLs 0 .co �E' m3E'm �mrm y° E mv�0N room 11':n n C m ' N o W m Z M �$ o m '.0 o m0ry3>c .0 O'CD N f 'J U �1 Ip C ,p' Z m FF p � O O `o nac� momv Ito is m�l� N t m MW H41 General Committee Agenda Tuesday, June 15, 2010 ITEM # 7 - 5 6 7. W ro N E �+ O'S E W b p wE�ENwE�wro �O>CdOjC'uNi'c 6 7 L O'O OmO Edo mOEd €mac m y� O a 1 y �n a_ c 015 ..F6r `L 0 0 0 U� UfJ o p UU� Via;:, - IP. c O �ym jh � O F7 ° mo � ni y h- - U a_d' m Ur a U O r c p m p -.., Pro m aNi .E cy uiN a'°i o O p• -p N� a E R >. "L.C' aa>> ma O. p> Arno .>>C,,,c+o nwro4� O TO Emm�o_�,n in c 0 oc._.mo ro`G, m0oa 05 OaE0 W F 61L aw N 'y 3 N m ro U 7 L� mL i O C O d O O U O X c c O N i' o-6O 0 00 ° G au`O.cEp'�E; Oyw °> --0. �MNC ;. C G m �V •p 0 d O O - O O 1- •C O> p� W V N N U C�� 3 ' 3 '.iO.r 7 O E. N U c V12 S` N I c 0 N o o"a - 0 0 U z 0,,.0 U o U 0« 0 ro 0 v 00 0 0 0 0 E 0 E l:0 r 9 0 m 0 o {yy U N ON y m ma m� m� m >' z� z. zw zm;w y 61 General Committee Agenda Tuesday, June 15, 2010 ITEM v�LO Q Y A E W N N UQ E12002Cox 0 U =x n o o� U GO L o 0 6 ; O _ ZdE .❑ m - m :9 w m C w Z .s'' . mmm° u o.woc a- a E� o,ga,m c0 0 v Obi U2g. 0 r� 0 0 r 0 N O1 N N m Z� uk; General Committee Agenda Tuesday, June1% 2010 ITEM * 777 /\) °®°kCL § 3fE jj}aR ±$� MO i { Mo «! ƒ \2t[ . afl3$o §$\ k . L: w { . )OMWw ® 0 c —:9 { . £ElkJ IN . - k�«;;{, . 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W e Nrn m �a:. � m6 we - aria 6% E cO o�aci o c3 m am 0 c 2� oN� wY� aQi oa. 00) O.0 vi-��3a K Um Ui� KC7 0 0 0 N � E mu E E w o_ 2 y o w Q Z W CO = of W U) S W m .e0 � N N N W .e0 O N L 9 9 @ N E �03 G tb N w C O ° .a e Nv mcq'� aE 42 .Z` e0 to N O O m d aL+ N �$ m`m� « faWx E— E c o a2i m U 0 E o c C V e O a U c Ev "a c—y m FL m � ro °c A w y Em U E'oeW o U E - v m �2�e gV m m c01i 0V.000 a �oD °!s o ,°0wNo 0 Y"Q o 'Z ON.a of.: GJ c `c N�Daa ❑UU�5a rn m s N O �f1 O O O N O N O N V > T W W pp General Committee Agenda ITEM # Tuesday, June 15, 2010 TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PR10-019 SUBJECT: Land Acquisition Strategy— Terms of Reference FROM: Allan.D. Downey, Director of Parks and Recreation Services Neil Garbe, Chief Administrative Officer, DATE: June 15, 2010 RECOMMENDATIONS THAT Council approve the proposed Land Acquisition Strategy Terms of Reference as detailed within this report. PURPOSE OF THE REPORT To approve the Land Acquisition Strategy Terms of Reference. BACKGROUND Council recently approved the Parks and Recreation Master Plan, providing a road map for the delivery of service and facilities to the residents of Aurora until 2013. As a result of this study, the need for a Land Acquisition Strategy was identified and funding was provided in the 2010 Capital Budget in the amount of $50,000.00 to engage the service of a consultant. COMMENTS In order to provide direction to the potential consultants:forthe Land Acquisition Strategy, a terms of reference must be established to ensure clear understanding of our needs. Staff will provide appropriate background information material in order to ensure the consultant has sufficient base information to initiate their research. The introduction to this study should clearly indicatethe parameters in which the consultant will be expected to work under. It is intended that all available parcels of land be identified that could fulfill the following needs: , 1. Community Park Development, with a minimum acreage of 4.0 hectares. 2. Trail connections in accordance with the Traits Master Plan. 3. Land outside of Aurora but adjacent to our borders. EN General Committee Agenda . ITEM # Tuesday, June.15, 2010 June 16, 2010 .-2- Report No. PR10-019 The potential consultants will also be provided with all pertinent background material in order to ensure the study addresses the needs of Council. This shall include: 1. The 2010 Parks and Recreation Master Plan. 2. Existing. parkland inventory. 3. The Official Plan. 4. Trails Master Plan. 5. Park Amenity inventory.. 6. Inventory of Town -Owned lands. . 7. Reserve Fund balances. 8. Oak Ridges Moraine (ORM) Plan. The Terms of Reference should include but not be limited to: 1. Identification of all available lands. 2. Potential land costs. 3. Servicing requirements. 4. Priority of acquisition. 5. Acquisition. strategies. 6. Re -development of existing parkland. 7. Short-term land use strategies to address immediate needs. 8. Municipal and/or other partnerships. Timing The Land Acquisition Strategy will be used to guide future budget submissions and program development. The study should be completed and prepared for Council approval by September/October 2010. Staff Resources Staff Resources will be required to assist the proposed consultant for research. Regular meetings will be prepared to ensure a timely exchange of information and to maintain progress. Evaluation The evaluation of each proposal must be fair and well defined so that proposed consultants have a clear indication where the weight of the evaluation will fall in evaluating their proposals. Traditionally, fees forthe submissions represent 30% of the evaluation while the remaining 70% are based on experience, understanding of the project, expertise of assigned personnel, ability to meet timelines and description of process. General Committee Agenda ITEM # Tuesday, June 15, 2010 June 15, 2010 - 3 - Report No. PR10-019 ALTERNATIVE(S) TO THE RECOMMENDATIONS 1. Council may amend the Terms of Reference. FINANCIAL IMPLICATIONS $50,000.00 has been allocated in the 2010 Capital Budget for this purpose. CONCLUSIONS That Council approve the Land.Acquisition.Strategy Terms of Reference as recommended. ATTACHMENTS Attachment #1 — Request for Proposal for the Land Acquisition Strategy Prepared by: Allan D. Downey, Director of Parks and Recreation Services- Ext. 4752 Allan D. Downe Director of Parks and Recreation Services Neil Garbe Chief Administrative Officer General Committee Agenda Tuesday, June 15, 2010 ITEM # AuRc,RA CLOSING 1 Municipal Dave, Box 1000, Aurora, ON L4G 6,11 Phone: 905-727-3123 Fax: 905-727-1953 TOWN OF AURORA Parks and Recreation Services REQUEST FOR PROPOSAL BID # XX 20OX Revision hv:. dated_ PROPOSALS ARE INVITED FOR A CONSULTANT TO PROVIDE A LAND ACQUISITION STRATEGY DOCUMENT AS PER THE ATTACHED TERMS OF REFERENCE. GENERAL -INFORMATION Submissions three (3) signed copies, one marked 'original"), properly marked as to contents (return envelope must show proposal number, proponents name, closing date) shall be received no later than the time and date indicated, at the following address: Town of Aurora Customer and Legislative Services, 2"" floor 1 Municipal Drive Aurora; Ontario L4G 6.111 Attn: John D. Leach, Town Clerk Questions regarding this contract must be received in writing or email by: adownevOe-aurora.ca no later than.12:00 p.m., July 7, 2010. Replies shall be sent in writing to all proponents who have picked up proposal documents. 'The successful candidate shall be required to submit all docdmentaticn requested (ag: Accessibility for Ontarians with Disabilities Act requirements. insurance certificate, WSIB clearance certificate, bonding if applicable) within 10 days of contract award, before the final awarding of the dontract.takes place. The Corporation of the Town of Aurora reserves the right to accept any proposal in whole or in part, whether the price or prices be the lowest or not, and, may reject any or all tenders, and such acceptance or rejection shall be made pursuant to policies of the Corporation. THIS PAGE MUST BE. SIGNED AND SUBMITTED WITH YOUR PROPOSAL OR YOUR PROPOSAL WILL BE REJECTED. Please direct all general purchasing inquiries to Katherine Bishop at (906) 727- 3123, ext. 4121. Please direct all technical. inquiries to: Allan D. Downey, Director of Parks and Recreation Services at (905) 727-3123, Ext: 4762 and all general purchasing inquiries to Katherine Bishop, (906) 727-3123, Ext 4121. Proponents Firm Name: (Proponents full legal name) Signature of Signing Officer. (I have the authority to bind the Corporation) Print Name: Title; Address: Postal Code: Date: City: Phone # { ) Fax # (. 1 Primary contact: Phone # email ACKNOWLEDGE RECEIPT OF ADDENDA BY NUMBER AND ISSUE DATE (if applicable). It Is the Proponents responsibility to confirm that all addenda Issued have been received in their entirety, understood, and any changes have been taken into consideration in the bid pace. ADDENDA NO. . DATED INITIALS_ ADDENDA NO. _DATED INITIALS_ TO RECEIVE CONSIDERATION, ALL PAGES OF THE PROPOSAL THAT REQUIRE INFORMATION FROM YOU (INCLUDING PRICING INFORMATION, SIGNATURE PAGE, COVER PAGE AND SPECIFICATION PAGES) MUST BE COMPLETED AND RETURNED WITH YOUR SUBMISSION General Committee Agenda ITEM # Tuesday, June 15, 2010 SECTION 9 • INTRODUCTION The Town of Aurora is centrally located with the Region of York surrounded by Whitchurch-Stouffville on the east, Newmarket to the north, King on the west and Richmond Hill to the south. The Town's population is approximately 50,000 with an ultimate growth to 70,000. The Town provides a wide variety of programs, services and facilities for the enjoyment of recreation and leisure activities within the Town. The Department receives information and advice from the Leisure Services Advisory Committee, as well as General Committee and Council. . The Parks and Recreation Services Department is responsible for the planning, development and general/financial management and administration of Parks.development and delivery for the residents of Aurora to enhance and improve their quality of life through the participation in recreation programs and the utilization of recreation facilities and active/passive green spaces. The Parks and Recreation Services Department provides essential public services which are necessary for ensuring a high quality of both the natural and urban environment and a healthy, satisfying lifestyle for all Aurora citizens. Parks and open spaces, recreational and culturallarts facilities, sports, fitness, creative and social programs are -all to be facilitated with the aim of providing the greatest possible participation:in providing and experiencing leisure. The Leisure Services Department delivers a wide range of programs and services primarily focused on the- following'areas: 1) Culture, Recreation and Loisure Services Delivery System 2) ' Leisure Facilities 3) Parks and Open Space. 4) Recreational and Cultural Programming The Town of. Aurora like many other communities faces on -going pressures to provide quality services to its citizens. Changing demographics, social trends and economies impact the social and economic capacities of. the community. It is anticipated that this changing profile of the community could have a significant impact on the expectation of its citizens with respect to all municipal services irf the community: Council, has therefore approved the development of a Land Acquisition Strategy. One of the key elements of the review process is the public consultation component. The plan should reflect the views of the broad community and measures should betaken to ensure the product has a number of varied opportunities for public input prior to completion in order to be as inclusive as possible. SECTION 2-BACKGROUND Council for the Town of Aurora recently approved the Parks and Recreation Master Plan, providing a road map for the delivery of service and facilities to the residents of Aurora until 2013. As a result of this study, the need for a Land Acquisition Strategy was identified and funding was provided in the 2010 Capital Budget to engage the service of a consultant. .In order to provide direction to the potential consultants for the Land Acquisition Strategy, a terms of reference was established to ensure clear understanding of our needs. SECTION 3 — TERMS OF REFERENCE The introduction to this study should. clearly indicate the parameters in which the consultant will be expected to. work under. It is Intended that all available parcels of land be identified that could fulfill the following needs: 1. Community Park Development, with a minimum acreage of 4.0 hectares. 2. Trail connections in accordance with the Trails Master Plan, 3. Land outside of Aurora but adjacent to our borders. 91 General Committee Agenda Tuesday, June 15, 2010 ITEM # The potentialconsultants will also be provided with all pertinent background material in order to ensure the study addresses the needs of Council. This shall Include: 1. The 2010 Parks and Recreation Master Plan, 2. Existing parkland inventory. 3. The, Official Plan. 4, Trails Master Plan. 5. Park Amenity inventory. 6. Inventory of Town -Owned lands. 7. Reserve Fund balances. 8. Oak Ridges Moraine (ORM) Plan. The Terms of Reference should include but not be limited to: 1. Identification of.all available lands. 2. Potential land costs. 3. Servicing requirements. 4. Priority of acquisition. 5. Acquisition strategies. 6. Re -development of existing parkland. 7. Short-term land use strategies to address immediate needs. 8. Municipal and/or other partnerships. Timing The Land Acquisition Strategy will be used to guide future budget submissions and program development. The study should be completed and prepared for Council approval by September/October 2010. Staff Resources Staff .Resources will be required to assist the proposed consultant for research.. Regular meetings will be prepared to ensure a timely exchange of information and to maintain progress. Evaluation The evaluation of each. proposal must be fair and well defined. so that proposed consultants have a clear indication where the weight of the evaluation will fall in evaluating their proposals. Traditionally, fees for the submissions represent 30% of the evaluation while the remaining 70% are based on experience, understanding of the project, expertise of assigned personnel, ability to meet timelines and description of process. Consultant Proposal shall be evaluated by the Director of Parks and Recreation Services on the following: EVALUATION CRITERIA Fee schedule 30% Innovative approach to ro ect methodolo and process 20% and demonstrated results from similarprojects 20% -Expertise Qualification of consulting team assigned to task 30% 3 92 General Committee Agenda Tuesday, June 15, 2010 ITEM # 8 - 7 SCHEDULE OF EVENTS: The Following schedule of events will apply to the selection process. The selection process may include RELEASE OF PROPOSAL DEADLINE FOR QUESTIONS BID CLOSING DATE SHORT LIST MEETING AWARD OF CONTRACT COMPLETION June 23, 2010 12:00 noon July 7, 2010 12:00 noon July 14 To be determined To be determined September / October 2010 This schedule is subject to change and appropriate notice of any changes will be provided where feasible. Proposal Evaluation An evaluation team consisting of relevant town staff shaliconduct the evaluation of proposals. FEES Services will be required on a retainer, flexible and as -needed basis. The consultant. should provide an itemized cost estimate required to fulfil the purpose stated in this RFP, The,.submission must include a description of all reimbursable expenses and disbursement type items which may be claimed, and exclude taxes. Rates should include per diems, hourly and retainers as applicable. Proposals not including this information will be rejected as non-comollant. The proposal will also include an itemized cost for additional meetings, workshops, and presentations, if required. All such sessions would take place at Aurora Town Hall. Note: Effective July 1, 2010 the 6% GST and 8% Ontario Retail Sales Tax will become harmonized into one tax of 13%, ie: the Ontario Harmonized Sales Tax (OHST or HST). Similar in concept to the GST, this will be a Value Added Tax (VAT) that will permit businesses to receive a full credit on all tax they are charged by their suppliers. This will allow businesses to lower their prices by no longer having a portion of their prices comprised of non-refundable PST paid on the wholesale price of materials. The HST will permit recovery of this previously"embedded" PST by way of an Input Tax Credit (ITC). 4 93 General Committee Agenda ITEM # 8 - 8 Tugsday, June 15, 2010 Bidders are advised to reflect this change in their pricing calculations. Unit pricing and lump sum pricing will be interpreted as reflecting the ITC advantage, le: lower costs, available to all bidders effective July 1, 2010. The Town will not monitor this aspect of bidders' business processes or request evidence of passing the discount along. It will be presumed to be incorporated in your pricing submission. Bid calls by City between now and July 1, 2010 will be awarded on the basis of a pre-tax sub -total price. 5% GST or 13% HST will later be added to the prices of the successful bidder according to the delivery or completion date o the respective goods and services, is: 5% GST before July 1, 2010 and 13% HST after July 1, 2010. INFORMATION TO PROPONENTS PROPOSAL CLOSING TIME The Proposal Farm, sealed with the submission label provided by the Owner affixed to your envelope, shall be received; date and time stamped, and be in the. possession of the Customer and .Legislative Services/Clerks Department no later than 12:00:OD p.m. local time, on the specified closing date. Late proposals shall not be accepted; however they shall be time and date stamped and returned to the Proponent unopened. The. Customer and Legislative Services/Clerks Department Recording Clock determines the Closing Time of the Proposal Call. PROPOSAL PREPARATION AND SUBMISSION All Proposals shall be submitted in the. Proposal, format provided by the Owner in the Proposal Documents, and as follows: 1. Page 1 of your submission - signed (original signature) Cover Sheet (page 1) of this document, completed as required 2. Section 2 — pricing information (including any price schedules from bid document) 3. Section 3 - list of sub -proponents 4. Section 4 - list of experience in similar work / references S. Section 5 - your proposal (no more than 10 pages) 6. Section 5 — CV's / resumes 7. Section 6 --'appendixes , The Proposal submission label supplied by the Owner affixed to. your envelope shall be used without any extra exterior covering. Proposals delivered in person or by a courier service, without. the submission label affixed to the envelope, or if the Proposal fails to be delivered to the designated location by the Proponent or courier service may be rejected. Proposals that are not delivered on time shall result in the Proposal being rejected. Proposal Forms submitted and received by facsimile shall not be accepted and shall result in the Proposal being rejected. COURIER SERVICE Delivery of the Proposal submission Envelope/Package through a Courier Service shall be the responsibility of the Proponent and shall result in the submission being rejected where: I. Proposal submission Envelope/Package is delivered to a location other than which Is stated on the envelope/package and fails to be delivered to the Customer and Legislative Services/Clerks Department prior to the closing date and time; and/or ii. Proposal submission Envelope/Package which. is enclosed in the Courier Envelope that does not state, "PROPOSAL DOCUMENT ENCLOSED" and is not removed from the Courier's Envelope prior to the closing date and time; and/or III. Proposal submission Envelope/Package is delivered later than the closing date and time. All proposals received after the specified closing date and time shall be returned unopened. The Proposal Form shall be signed in the space(s) provided by a duly authorized official of the entity submitting a proposal. If a joint Proposal is submitted, it shall be signed on behalf of each of the Proponents and if the signing authority for both Proponents is vested in one individual, he/she shall sign separately on their behalf. Signatures on behalf of non -incorporated bodies or by individuals shall be witnessed. In the case of an incorporated company, the corporate seal should be affixed to the Proposal Form adjacent to the authorized signature: M General Committee Agenda ITEM # Tuesday, June 15, 2010 I WITHDRAWAL OF PROPOSALS A Proponent may request that their Proposal be withdrawn prior to the Closing Time on the date of the Call for Proposals. Withdrawal requests shall be directed to the Manager of Purchasing or designate, on the Proponents stationery, by letter, telegram, and facsimile or in person. Telephone requests shall not be considered. PROPOSAL OPENING Proposals shall be opened after the Closing Time in the designated Boardroom. The successful Proponent shall be notified as soon as possible after.the date of the Proposal closing. This Proposal shall remain open for acceptance, and the price shall remain firm and unchanged, and not withstanding any error in calculation of such Proposal at the amount stated for a period of ninety (90) days from the date of closing, and the Corporation may, at any time within the said period, accept the Proposal whether any Proposal had been previously accepted or not. PROPONENT'S RESPONSIBILITIES It is the Proponent's responsibility to become familiar with and comply with Town Purchasing policies. CONFIDENTIALITY Confidentiality of records and information relating to this work must be maintained at all times. All correspondence, documentation and information provided by Town staff to any Proponent in connection with, or arising out of this RFP or the acceptance of any proposal: Remains the property of the Town; • Must be treated as confidential; • Must not be used for any purpose other than for replying to this RFP, and for fulfillment.of any related subsequent contract All correspondence, documentation and information provided to staff of the Town by any proponent in connection with, or arising out of this request, and the submission of any Proposal shall become the property of the Town, and as such, subject to the Municipal Freedom of Information Act (MFIPPA). The.Proponenrs name at a minimum shall be made public on request - Because of MFIPPA, Proponents are advised to identify in their Proposal material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Should you have any questions regarding MFIPPA, please consult the Town Clerk (telephone 905-727-1375, .extension 4220). CONFLICT OF INTEREST STATEMENT In its Proposal, the Proponent must disclose to the Town any potential conflict of interest that might compromise the performance of the work. If such a conflict of interest does exist, the Town may, at Its discretion, refuse to consider the Proposal. If, during the Proposal evaluation process or the negotiation of the Agreement, the Proponent is retained by another client giving rise to a potential conflict of interest, then the Proponent shall so inform the Town. If the Town requests, then the Proponent shall refuse the new assignment or shall take such steps as are necessary to remove the conflict of interest concerned. Proponents are cautioned that the acceptance of their Proposal may preclude them from participating as a Proponent in subsequent projects where a conflict of interest may arise: The Consultant(s) for this project may participate in subsequent/other Town projects provided the Consultant(s) has (have) satisfied pre -qualification requirements of the Town, if any, and in the opinion of the Town, no conflict of interest would adversely affect the performance and successful completion of an Agreement by the Consultant(s). 95 General Committee Agenda ITEM # 8 - 10 Tuesday, June 15, 2010 j NON -COLLUSION ! A Proponent shall not discuss or communicate, directly or indirectly, with any other Proponent or their agent or representative about the preparation of the Proposals. Each Proponent shall attest that its participation in the RFP process is conducted without any collusion or fraud. If the Town discovers there has been a breach of this requirement at any time, the Town reserves the right to disqualify the Proposal or terminate any ensuing Agreement, of the Proposal in a sealed envelope must be submitted. (V10,Q,•IIU Ir tl•m L.I. 1l .W w,cT 1Y kl, AW I.. to 12:00:00 noon on the closing date to the address stated on the cover page. Proposals shall not be considered unless: Received by the date and time specified; and • Received at the address specified on page 1; and • Contain the signed PROPOSAL COVER SHEET (page 1) Faxed Proposals shall not be accepted. Proposals shall be opened Immediately after 12:00:00 noon, and shall be referred to an evaluation team for evaluation. DISQUALIFICATION OF PROPOSALS Proposals, which are incomplete or feoeived after the proposal submission deadline, as recorded by the Town on the date, time and place, as outlined above shall not be considered. Proponents are solely responsible for ensuring that Proposals are delivered as required. Delays caused by any delivery service, including Canada Post, shall not be grounds for an extension of the Proposal Submission deadline. Faxed or electronic transmissions or other forms of unsealed proposals shall not be considered. THE TOWN'S RIGHT TO REJECT The Town, at its discretion may: select any one proposal; select part of one or a combination of more than one proposal; or reject any or all or part of any or all proposals, The Town is not obligated to select the proposal with the lowest price. The Town. reserves the right to negotiate with any or all proponents, Subject to the other provisions of the RFP, the criteria specified are the. sole criteria, which shalt.be used .for the evaluation of proposals. 1 .. NO ADJUSTMENTS TO PROPOSALS No unilateral adjustments by Proponents to submitted proposals shall be permitted. Proponents may Withdraw their proposal prior to the closing date and ttine) by notifying the Town in writing. Proponents who' have withdrawn a proposal may submit a new proposal, which must be received by the Town under the same terms as outlined. After the closing date and time the proposal is binding on the Proponent. If the. Town requires clarification of a Proponent's Proposal, that Proponent shall provide a.written. response to a request for clarification, which shall then form part of the Proponents Proposal, COMMUNICATION The Proponent is requested to identify one senior individual by name, address and telephone number who shall act as the proponents primary contact with the Town with regard to this project It is the responsibility of the Proponent to understand all aspects of the RFP and to obtain clarification if necessary before submitting their proposal. MANDATOR' INFORMATION Where "must" or'shall" is indicated, these items are MANDATORY. ADDENDA An addendum, should one be necessary, shall be issued to all companies that were issued the Request for Proposal, or in the case of a mandatory sight meeting those companies that registered at the mandatory meeting. Only answers to issues of substance will be sent out to all Proponents. The Town reserves the right to revise this RFP up to the Proposal Submission Date. Any revisions shall be included in Addenda to the RFP distributed to all Proponents. When an Addendum is issued the date for submitting Proposals may be changed by the Town if, in its opinion, more time is necessary to enable Proponents to revise their Proposals. The Addendum shall state . any changes to the Proposal Submission Date. Submissions which do not provide evidence of receipt of E2 General Committee Agenda ITEM # 8 111 Tuesday, June 15, 2010 i addenda as requested in each addenda document shall be rejected by the Town as non -compliant. No verbal arrangement or agreement relating to this proposal shall be considered binding. It is the Proponents'. responsibility to verify Issue of any addenda (information available by contacting Purchasing at (905) 727- 3123, ext. 4110) or viewing on: www.biddingo.com NO ASSIGNMENT The successful Proponent shall not assign any part of the project which may be awarded to it under the Agreement without the prior written consent of the Town, which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstances relieve the successful Proponent of its liabilities and obligations under this RFP and the Agreement. FAILURE OR DEFAULT OF PROPONENT If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Proponent under the terms of the RFP, the Town may disqualify the Proponent from the RFP and/or from competing for future proposals or RFP's issued by the Town. In addition, the Town may at its option either: (a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if the offer has been accepted, whereupon the acceptance, if any, of the Town shall be null and void; or (b) Require the Proponent to pay the Town the difference between its Proposal and any other Proposal which the Town accepts, if the latter is for a greater amount and, in addition, to pay the Town any cost which the Town may incur by reason of.the Proponent's failure or default, and further the Proponent shall indemnify and save harmless the Town, its. officers,. employees and agents from all loss, damage, liability, cost, charge and expense whatever which it, they or any of them may puffer, incur or be put to by reason of such default or failure of the Proponent. RESOURCE COMMITMENTS The Proponent must make available appropriately skilled workers, consultants or subproponents, as appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to carry out the project These resources must be available on a dedicated basis, as required, to.carry out the project with due care, skill and efficiency. ACCEPTANCE OR REJECTION OF PROPOSALS .Contract award shall be communicated by Written notification from the Town to the successful Proponent (if any). The Proponent acknowledges that the Town shall.have the right,to reject any, or all, Proposals for any reason, or to accept any Proposal, which the Town in its sole discretion deems most advantageous to' itself. The lowest, or any Proposal shall not necessarily be accepted. All Awards are subject to the approval of Council (if applicable) and the availability of funds. Consideration for award Consideration for Award shall only be undertaken in relation to Proponents who are determined by the Town to be a responsible Proponent, and has satisfied all Proposal Requirements. The Town hereby reserves the right, privilege, entitlement and absolute discretion, and for any reason whatsoever and in accordance with the Town of AurorarProcurement By -Law / Policy and Procedures to: I. Accept a Proposal which is not the lowest Proposal submission, or reject a Proposal that is the lowest Proposal even if it is the only Proposal received;. ii. Accept or reject any and all Proposals, in whole or in part; iii. Cancel this Call for Proposals at any time, either before or after the Closing Date and Time; iv. Accept the Proposal deemed most favourable to the interests of the Town or that may provide the greatest value advantage and benefit to the Town based upon and not limited to; a) price b) ability, c) quality of Work, (guarantees and warranties) d) service / service location e) past experience 97 General Committee Agenda ITEM # Tuesday, June 15, 2010 f) past performance g) completion history (including extended completion dates) h) qualifications . v. With the exception of 'Bid Irregularities", waive any informaliges, requirements, discrepancies, errors, omissions, or any other defects or deficiencies in any Proposal Form or Proposal submission; vi. Acceptor reject any unbalanced, Irregular, or informal Proposals; or vii. Reject any Proponent who is involved in litigation with The Corporation of the Town of Aurora, or with whom there is notice of pending litigation between it and the Corporation of the Town of Aurora; vifi. Reject any Proponent who was a Consulting. firm involved in preparing or assisting In developing the scope of work and/or specifications for the respective project. The Town reserves the right to consider, during the evaluation of Proposals: • Information provided in the Proposal itself;.. • Information provided in response to enquiries of credit, experience and Industry references set out in the Proposal; • Information received in response to enquiries made by the Town of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent; • The manner in which the Proponent provides services to others; • The experience and qualification of the, Proponents senior management, and project management; • The compliance of the Proponent with the Town's requirements and specifications The. Proponent acknowledges that the Town may rely upon the criteria, which the Town deems relevant. By submitting a Proposal, the Proponent acknowledges the Town's rights under this Section and absolutely waives any right, or cause of action against the Town and its consultants, by reason of the Town's failure to accept the Proposal submitted by the Proponent, whether such right or cause of action arises in Contract, negligence, or otherwise. ACCESSIBILITY In accordance with Ontario Regulation 429107, Accessibility Standards for Customer Service Sect. 6, every provider of goods and services shall 'ensure that every person who deals with members of the public or participates in the developing of the serviceproviders. policies, practices .and procedures governing the provision of goods and services to members of the public, shall be trained.on the following: 1. How to interact and communicate with persons with various types of disability 2: How to interact with persons with disabilities who use assisfive devices or require the assistance of a guide animal, or a.support person 3. How to use assisfive device equipment that Is available on Town of Aurora, premises that may help in the provision of accessible goods or services 4. What to do if a person with a particular type of disabilityis having difficulty accessing the provider's goods or services . 5. information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. Contracted employees, third party employees, agents and others that provide.services to the public on behalf of the Town of Aurora must meet the requirements of Ontario Regulation 429/07 with regard to training under the Accessibility for Ontarians with Disabilities Act (AODA). A document describing your training policy or procedure, a sample copy of training and details of training dates and attendees must be submitted to the Town of Aurora, within 10 days of award of contract, .butin any event ro for to the commencement of any work. Contact the Town of Aurora Accessibility Advisor: Ivy Henriksen (905) 727-3123 Ext: 4392 for suppliers of Accessible Customer Service Training. 9 . M General Committee Agenda Tuesday, June 15, 2010 ITEM # 8 - 13 NOTICE OF ACCEPTANCE OF PROPOSAL The successful proponent shall be notified as soon as possible'after the date of the Proposal closing. This Proposal shall remain open for,acceptance, and the price shall remain firm and unchanged, and not withstanding any error in calculation of such Proposal at the amount stated for a period of SIXTY (60) days from the date of closing, and the Corporation may, at any time within the said period, accept the Proposal whether any Proposal had been previously accepted or not. EXECUTION OF CONTRACT The successful Proponent shall, within (10) days of written notification from the Director, enter into an agreement with the Owner for the work, and furnish all necessary bonds and Insurance policies. Failure to execute the contract as specified herein shall be just cause for the annulment.of the contract award, and forfeiture to the Owner of the Bid Deposit. INSURANCE The Town may require insurance from the successful Proponent in amounts and with terms satisfactory to the Town Treasurer including liability and professional liability coverage. OCCUPATIONAL HEALTH AND SAFETY ACT The Proponent shall be responsible for construction health and safety within the working areas and for compliance with the Occupational Health and Safety Act (OHSA) and Regulations. So as to avoid any misunderstanding as to. the extent of the Proponenfs responsibility, the Proponent, by executing the contract unequivocally acknowledges that the Proponent is the Constructor as defined in Section 1 of the OHSA and,agrees to carry out the duties as outlined In Section 23 of the OHSA EVALUATION OF PERFORMANCE Upon completion of the Contract, the owner may.complete an evaluafiort of the Proponents'_performance. A copy of this evaluation may be given to the Proponent The evaluation shall be placed on file. This information may be made available to persons requesting Owner references for Contract and also may be reviewed and may form part of the criteria when awarding future Proposals by the Owner. The Proponent hereby authorizes the maintenance and release of this information. PURCHASING BY-LAW All proposals shall be called, received, evaluation, accepted, and processed in accordance with the Town of Aurora's Procurerrient By -Law. By submitting a proposal, each Proponent agrees to be bound by the terms and conditions of that By -Law and procedures, and any amendments to them. (copy available upon request). LAWS AND REGULATIONS The Proponent shall comply with relevant federal, provincial and municipal statutes, regulations and by-laws. pertaining to the work and its performance. The Proponent shall be responsible for ensuring similar compliance by its suppliers and subproponents. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. INDEMNITY The successful Proponent shall be required.to indemnify the Town for any loss, costs, claims or damages arising from the award of this contract. FORCE MAJEURE ,Delays in a failure of performance by either party under the contract shall not constitute default hereunder or give rise to any claim for damages if and to the extent caused by occurrences beyond the control of the party affected, including but not limited to decrees of Government, acts of God, Tires, floods, explosions, riots, war, rebellion, sabotage and atomic or nuclear incidents, but lack of finances, strikes or other concerted acts by workers, delay or failure arising out of the nature of the work to be done, or from the normal actions of the elements or from any normal difficulties which may be encountered in the performance of the work; having regard to the nature thereof, shall in no event be deemed to be a cause beyond a party's control. If in the reasonable opinion of either party to this contract that performance of this contract Is made impossible by Force Majeure, then either party shall notify the other in writing and the town shall either, terminate the contract forthwith without any future payments being made or authorize the Proponent to continue performance of the contract with such adjustments as required by the existence of the force majeure and agreed upon by both parties. 10 M General Committee Agenda Tufsday, June 15, 2010 ITEM # ERRORS & OMISSIONS The Town shall not be held liable for any errors or omissions in any part of this RFP. While the Town has used considerable efforts to ensure an accurate representation of information of this RFP, the information contained in the RFP is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the Town, nor is it necessarily comprehensive or exhaustive. Nothing in the RFP is intended to relieve the Proponents from forming their own opinions and conclusions with respect to the matters addressed in the RFP. NEGOTIATIONS The Town may award a contract on the basis of initial offers received, without discussion. Therefore, each initial offer should contain the Proponent's best termsfinformation, Including all required documentation as listed. The Town reserves the right to enter into negotiations with the selected Proponent. If the Town and the selected Proponent cannot negotiate a successful contract, the Town may terminate the negotiations.and begin negotiations with, the next selected Proponent This process shall continue until a contract has been executed or all Proponents have been rejected. No Proponent shall have any rights against the Town arising from negotiations. DEFAULT BY COMPANY. If the company commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Town may, without notice terminate the contract. if the company: fails to compiy.with any request, instruction or order of the Town; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by -Saws or directives of relevant'authodties relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Town's written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of contract, then, in any such rase, the Town may, upon expiration of ten days from the date of written notice to the company, terminate the contract. Any. termination of the contract by the Town, as aforesaid, shall be without prejudice to any other rights or remedies the Town may have.. If the Town terminates the contract; it is entitled to: a) . take possession of all of the work in progress, materials and equipment then at the project site (at no additional charge for the retention or use of the equipment), and finish the work by whatever means the Town may deem appropriate under the circumstances; b) , withhold any further payments to the company until the completi6n of the work and the expiry. of all obligations; c) : recover from the company loss, damage and expense incurred by the Town by reason of the company's default (which may be deducted from any monies due or becoming due to the company, with any balance remaining to be paid by the company to the Town). DISCLOSURE Only the names of those Proponents submitting Proposals shall be read out at the Public opening. No prices are to be read out. However, once the award is made and approved by Council, the report recommending such award shall be made a matter of public record, unless otherwise determined by Council. Unsuccessful proponents may, upon their request, attend a debriefing session with Purchasing and Supply to review their proposal submission. Discussions relating to any proposal submissions other than that of the proponent present shall be strictly prohibited.. CO-OPERATIVE SHARING OF RESOURCES The Town of Aurora is involved in the cooperative sharing of resources to deliver corporate management . solutions within departments, area municipalities, local boards and related agencies. Conceptually this would involve implementing a common solution across multiple organizations. Participation: It is understood that this Proposal shall be open to participation by any Board, Authority, Library, Police Service, or local Municipality within the boundaries of the Regional Municipality of York. Whenever the "Town" is referred to in the standard terms and conditions, it shall be understood as applying to each participating entity. I 100 General Committee Agenda ITEM # 8 - 15 TuYsday, June 15, 2010 By -Laws: The Town of Aurora' purchasing policies and procedures shall apply for the calling, receiving, and opening of the Proposal documents. Each entity shall be responsible for obtaining the necessary certificates of insurance and Workers' Compensation clearance when required. Each entity shall be responsible for awarding their own requirements and issuing their own purchase orders, receiving goods or services and paying invoices in accordance with their appropriate governingregulations, procedures and by-laws. i i General Committee Agenda ITEM # Tuesday, i June 15, 2010 AURORA ;ynadr&lw y"d�co Resources & Information for Municipal Proponents Compliance is required for the Accessibility for Ontarians with Disabilities Act, AODA (2005) Regulation 429/07 Customer Service Standard. The customer service standard applies.to every organization that provides goods or services to the public or third parties and has at least one employee in Ontario. The public sector compliance date Is January 1n, 2010. The Town of Aurora Is responsible to Insure that each employee, volunteer or proponent who works with the public on behalf of the municipality is aware of their obligations under the standard and Is required to have documentation of their compliance on file. Proponents are responsible for their own training as per the bid and procurement ,process. The municipalitywill require proof of your compliance under this legislation. Various options for training are available and the costs will vary - see below: For further Information about training please contact the Accessibillty Advisor, Ivy Henriksen at the Town of Aurora. (905).727-3123 Ext 4392 or ihenriksen(ae-aurora.ca AODA Compliance Training Options Accessibility Experts Ltd-.www.accessibilityex ern ts.ca Contact person: Sarah White sarahna accessibilityexoerts.ca (905) 718-3342 *Offers in. person training, management training; or e-learning modules Access ON - www.accesson.ca or http://www.6ccesson.ca/ado/splash.htm Provincial website for various information and links on the AODA legislation and -online, tools to help your organization comply including free software. Provincial AODA general information line call 1-866-515-2025 Changing Paces - www.chanainapaces.com Contact person: Trish Robichaud trishiachangingpaces.com (905)967-3014 . *offers various training and services in the York Region and GTA Town.of Aurora - www.e-aurora.ca Contact person: Ivy Henriksen, Accessibility Advisor Ihenriksen@e-aurora.ca (905) 727-3123 Ext 4392 *Offers 3 hour staff/proponent training in Aurora,.00 charge back basis 13 102 General Committee Agenda Tuesday, June 15, 2010 I k DOCUMENTLABEL Submission Checklist:. Have you included the following in your proposal package: ❑ Cover Page O List of Sub -Proponents . ❑ Proponent's Experience in Similar Work ❑ Price Schedule Before sealing your proposal, please check that you have: ❑ Initialled all changes ❑ Acknowledged I Included any addenda ❑ Signed with original signature in Ink where required . ❑ Included any proposal surety requested (original copies, signed) ❑ Completed any specification pages Please firmly affix this label to the envelope containing your submission. ITEM # 8 - 17 Should you use your own return envelope in lieu of this label, the front of your. envelope MUST INDICATE ALL OF THE INFORMATION SHOWN. The Town of Aurora shall not be responsible for Proposals submitted which are not in accordance with this information. IF DOCUMENTS ARE BEING RETURNED VIA COURIER, THE` OUTSIDE ENVELOPE MUST INDICATE THAT THE CONTENTS ARE TENDER DOCUMENTS. __._..............�_.._______ X cut here BID # DATE ISSUED: CLOSING DATE: 12:00:00._noon, local time, XXXXXX XX, 2010 FOR: ' From:.,- FIRM.NAME: CONTACT: TELEPHONE: To: Town of Aurora Customer & Legislative Services Attn: Town Clerk, 2nd floor, 1 Municipal Drive Aurora, Ontario L4G 6J1. PROPOSAL# DATE ISSUED: CLOSING DATE: 12:00:00 noon, local time, XXXX XX, 20OX FOR: 14 103 General Committee Agenda ITEM # 8 - 18 Tugsday, June 15, 2010 PROPONENT'S EXPERIENCE IN SIMILAR WORK year for whom completed description of contract work was performed $ value 15 104 General Committee Agenda Tuesday, June 15, 2010 DATE ISSUED: CLOSING DATE: FOR: 12:00:00 NOON, local time, XXXX XX, 20OX ITEM # 8 -1g LIST OF SUB -PROPONENTS State OWN FORCES if a sub -proponent is not required for any of the trades listed; otherwise name work and sub - proponent proposed to be used. The Owner reserves the right to approve all proposed sub -proponents and where the owner objects to the use of any proposed sub -proponent, the proponent shall use another subcontract proponent acceptable to the owner. Any proposed changes to the approved list of sub -proponents subsequent to contract award shall be subject to the approval of the owner. The awarded proponent may be required to produce a schedule of references for all or any proposed sub - proponents. The awarded Proponent shall .only use those sub -proponents approved by the owner and shall be held fully responsible to the owner for the acts and omissions of its sub -proponents. name, address, contact & phone # WSIB Account No. i 16 105 General Committee Agenda ITEM # Tuesday, June 15, 2010 /3 TOWN OF AURORA Aup_oRA GENERAL COMMITTEE REPORT No. PR10-022 SUBJECTS Phased Implementation Plan of Noklidaa Trail FROM: Allan D. Downey, Director of Parks and Recreation Services DATE: June 15, 2010 RECOMMENDATIONS THAT Council approve the Noklidaa Trail and Hadley Grange Nature Reserve Phased Implementation Plan as outlined in report PR10-022; and THAT the Capital Budget be increased by $241,561.00 to $500,250.00, and THAT Council approve proceeding with Phases 1 and 2 of the Implementation Plan consisting of project Design and Agency approvals prior to November 2010; and THAT Phases 3 and 4 be referred to the 20.11 Capital Budget Process. PURPOSE OF THE REPORT To obtain Council approval for the Nokiidaa Trail Phasing Plan and the implementation of Phases 1 and 2 of the Nokiidaa Trail project. BACKGROUND On March 23, 2010, Council endorsed proceeding with construction of the Nokiidaa Trail and Hadley Grange Nature Reserve in principle and further directed staff to: • Seek two-thirds funding for the project from Lake Simcoe Region Conservation Authority (LSRCA) for the non trail -related ecological enhancements; • Report back to Council with funding options; and • Report back with an Implementation Plan. . Letter of Intent Denied by Environment Canada . Following Council direction, staff approached LSRCA with a request for direction and assistance in researching funding sources. LSRCA assisted the Parks and Recreation Department in completing an application and letter of project intent to the Lake Simcoe Clean up Fund (LSCUF) which is an Environment Canada funding program aimed at high impact priority projects with a focus on the reduction of phosphorous entering the Lake Simoce water shed. Staff forwarded the Letter of Intent outlining the Hadley Grange Nature Reserve project to Environment Canada on April 13, 2010 and prior to the deadline for the LOI. 106 General Committee Agenda ITEM # Tuesday, June 15, 2010 June 15, 2010 - 2 - Report No. PR10-022 On April 28, 2010 the attached e-mail message was sent from Environment Canada to the Director of Parks and Recreation Services stating that the Hadley Grange Nature Reserve project did not meet LSCUF criteria. LSRCA LEAP Funding Not Available for 2010 Additionally, staff were advised by LSRCA that a portion of the. Hadley Nature Reserve project may possibly be considered for funding under LSRCAs' Annual Landowner Environmental Assistance Program (LEAP) whereby LSRCA may fund up to 50% of various costs of a project based on an in -kind contribution which could include the supply of professional project guidance, provision of labour and equipment and possibly plant materials. LSRCA was not able to make a firm commitment to the project in 2010 as their entire allocation of 2010 LEAP funding had been committed; however, LSRCA has indicated that they may be in a position to assist in some aspect of the project in 201.1. In view of the uncertainty surrounding any external funding opportunities staff will continue to explore and investigate additional funding or the availability of services in -kind and will revise the project costing accordingly as we move forward. In an effort to further explore possible funding partners, staff has had some discussions in this regard with several agencies including the Ministry of Natural Resources Junior Ranger Program Administrator and LSRCA. Although there appears to be some potential for assistance with various aspects of the project, staff are not able to confirm anything official at this time. Proposal to Phase -in the Project Into Three Phases In consideration of the preceding information, and in an effort to move forward with the completion of the Nokiidaa Trail project, staff are suggesting thatthe project be divided into four separate phases.and that the works associatedwith the first phase commence in 2010 as follows: Phase 1: Proiect Design and Agency Approval Phase 1 of the project will involve retaining the necessary consultant to conduct the detailed design of all aspects of the project, creation of working drawings and tender specifications. This design work will be divided into separate sections e.g., Trail and Boardwalk design/specification and the Hadley Grange Nature Reserve works design and specification. Following detailed design, staff will submit an application to LSRCA for a permit to construct the Nokiidaa Trail and Hadley Grange Nature Reserve. Staff will report back to Council and stakeholders with the results of this process and the appropriate recommendations on moving forward with Phase 2 works. It js.currently estimated that Phase 1 will be completed prior to November 30, 2010. 107 General Committee Agenda ITEM # 9-3 Tuesday, June 15, 2010 June 16, 2010 -3- Report No. PR10-022 Phase 2: Implementation of Site Works Depending on the outcome of the tender process, Council direction and the time frames associated with LSRCA approvals construction could be scheduled to commence throughout the Winter months of 2011. As outlined in Part 2 of Ogilvie and Ogilvie's "Briefing Note", staff will endeavour to follow the guidelines, recommendations and commitments that have been conveyed to the stakeholders associated with this project. • Tender Phase 2 Works; • Commence site preparation works and environmental; • Protection measures Boardwalk Construction; • Aggregate Trails Construction; and • Bridge crossing of Holland River. Phase 3: Implementation of the Hadley Grange Nature Reserve Ecological improvements Phase 3 works will include the ecological elements that were outlined in detail in the Part2 of Ogilvie and Ogilvie Background Document and further detailed in the final "Briefing Note". Works associated with phase 3 will include the following: • Tender phase 3 works; •. Construct Wetland enhancement features; • Ponds, shallow pools, open field habitat seeding; • Wetland and Aquatic plant material installation; and • Benches, receptacles and trail signage. All of the works will be in accordance with the guidelines, recommendations and .commitments that have been conveyed to the stakeholders associated with this project as outlined in the final Briefing "Note". It is proposed that these works would occur in Spring 2011, subject to budget approval Phase 4: Implementation of the Remainder of Hadley Grange Nature Reserve Ecological improvements Phase 4 of the works will include the remainder of the Hadley Grange Nature Reserve features as follows: • Tender phase 4 works; • Snake Hibernacula; • Turtle Nesting Habitat; • Wildlife Brush Piles; • Bird and Bat Nesting Boxes; Yonge Street Buffer Planting; and • Interpretive Signage. All of the Phase 4 works will be in accordance with the guidelines, recommendations and commitments that have been conveyed to the stake holders associated with this project as M General Committee Agenda Tuesday, June 15, 2010 JITEM # June 15, 2010 - 4 - Report No. PR10-022 outlined in the final Briefing "Note". It is proposed that these works would occur in Spring 2012. the fable below captures all of the above phased -works, the implementation timeframe and the estimated costs associated with each item. -V - - w *- , -ST A M4 -6 • Complete terms of June 15, 2010 reference and RFP process. • Retain consulting firm to July 16 , 2010 $70,000 prepare detail designs November 30, and specifications for all 2010 phases of construction. Process project application through August 30, 2010 environmental agencies having jurisdiction and obtain construction permit • Tender phase 2 works December 1,2010 2 o Commence Site January 2011 $9,200 preparation works and January /February environmental 2011 • protection measures $342,060 • Boardwalk Construction e Aggregate Trails $79000 "i Construction. February/ March March 2011 50% o Auroras o Bridge crossing Holland 2011 share of bridge) River * Tender phase 3 works March 2011 3 * Construct Wetland enhancement features May,2011 a Pond , shallow pools, open field habitat seeding * Wetland and Aquatic plant June /July 2011 July 31,2011 material Installation $64,886 a Benches Receptacles * Tender phase 4 works March 2012 - Snake Hibeenacula 4 & Turtle Nesting Habitat May/ June 2012 - Wildlife Brush Piles Bird and Bat Nesting July 2012 $118,667 Boxes * Yonge Street Buffer Planting * Interpretive Signage Contingency (10%) $70,718 $754,521 109 General Committee Agenda ITEM # 9 - 5 Tuesday, June 15, 2010 June 16, 2010 - 5 - Report No. PR10-022 ALTERNATIVE(S) TO THE RECOMMENDATIONS 1 Council could reduce the scope of works, and request staff to submit a,design within the existing budget. 2 Council could extend the project over additional phases spreading the associated costs further and exploring any future funding opportunities that might become available. FINANCIAL IMPLICATIONS In addition to the original budget of $260,000.00, staff obtained a year 2006 Municipal Trails Partnership Grant from the Region of York in the amount of $80,000.00. The Region of York has been holding these funds for our Trail Project. Funds available for the project that was originally contemplated including the Regions contribution totalled: , The revised project cost for the Hadley Grange Nature Reserve: Total funding currently available. for the project: Unfinanced project costs: Funds for the project are available and will be allocated as follows Development Charges Contribution Cash In Lieu of Parkland Contribution 90% 10% $330,000 $754,621 $258,689 494 $32 $679,068 $ 75,452 It is recommended that only phases 1 and 2 be funded in 2010 in the amount of $500,000.00 in order to commence construction in the winter of 2011.. It is also recommended that the. balance of the project (phases 3 and 4) be referred to the 2011 budget process. CONCLUSIONS That Council consider the information contained in this report and provide staff with direction on proceeding with the completion of the Nokiidaa Trail. ATTACHMENTS Attachment #1 - Revised cost estimate for the construction of the Hadley Grange Nature Reserve and Trail. Attachment #2 - Part 2 Trail Presentation Document prepared by Ogilvie and Ogilvie Ltd. Attachment #3 - Hadley Grange Briefing Note. Attachment #4 - LSCUF Letter of Intent. Attachment # 5 - LSCUF Cover Letter. Attachment # 6 — LSCUF Response. Attachment # 7 — General Committee Extract 10-06 (March 23, 2010). 110 General Committee Agenda Tuesday, June 15, 2010 ITEM # June 15, 2010 - 6 - Report No. PR10-022 PRE -SUBMISSION REVIEW .Executive Leadership Team Meeting, Wednesday, June 2, 2010. Prepared by. Jim Tree, Parks Manager- Ext.3222 Alan D. Downey Director of Parks and Recreation Services Neil Ga! be Chief Administrative Officer 111 General Committee Agenda Tuesday, June 15, 2010 ITEM # 9 - 7 N R � o E •w Q 4 W p ++ N co c R E M V 2 R IL R0 a u O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O ee[[ o O C/ o c0 C '6 C) O ij N p Z'T 0 O' O 0 0 O 00 N N to N N W< ch )A > 0 0 0. 7 O O O 7 O O O O O 0 0 0 O 0 O O N p 0 0 N W N a a 0 a O Ci 06 CD 0 C) to to to 10 to N �. 7 yj M• 3 .E�. v' V* � � V) (p, ts? y C E u U E E E E x x X (�pp {{pp x X N M X O NOD .M N M W �. M v N N Y m C � o y to Y O) O ra s chi E M cV o . N E . 'aa N N _00 L o , O 'a Ll ;ms N O T L o C fl. R 0 O O Q) P 'I N '0 Yy m a t rn R o 0 E .2-. 3 0 ai vv toCO3 O. Q U y E co A o.ro ro R'0 0 . >> C to 7 0 A N W� C c. 'N w o .a• o } y r+ N VJ - m •D C N N N O C a)•C., A t C F O) U U C O .`2 N y N 0 0 E. L L O 0 N N U r `-' O N L� R ro N N Q to rn U U N �p U L L U � L 0 C Rto 4 '� 5 yL' �' C Y.LD.RD a aY N w N � N.'v m m 0) $ m$ c c N " a 'a :n o a) E? c 'O a 'C 2 as o 'E - mbva� o o o c ro 0 -: 0 0 0 0 0 N E E 'm m a) R 'N 0 0 0 N .3 a) 0co0Ua.0E-F- - a sm��� '- C7cn:R 011 M V- )O co r- OD O) �- NM d' )D , NCO .�-- a-..- cV M M O') 6 O7 4 V 4 112 General Committee Agenda Tuesday, June 15, 2010 ITEM I O 0 'O 0 0 4 0 0 0 0 0 0 0 0 0 o I--LLO t- O O - N 0 0 �~--. 0 O c 0 . � �� �. 0 0 0 00 440 0 0 '' Lopes N I-M 4 0 0 0 N E E E U c"ci rS ('ci E N U - NID N 0 4 4 N N 0) E. o E D N O 0 p L N' c 75 n cd D ro mm E E a0i N p 0 > m LO D N 0 (6 V _ (a3 y E - f0 o a o N D D o E N � d a� �_ •c p CL N X 4 N a C `° D v(D °= 3 o 00 E E xp c E a E 0 v cf0i . v E 0 m N ((0 E O N CD N i E m N c C, N 0 p 2 cc N O 2 _ a Q y -9- m p U O g W C 5 y Z N C D Uca i aN O 'N o Uu.c P in F S > m N- M V N M •- N M 'It 4 Ln L6 6 Ln - (O CO (O ri ti R I` n •� F w 9 E c m0 0 aN O O � pl •S to �. �tl 00 tac A N.0 K L N N 0 G Na Z + O 1: r N N _ C12 O O O Q E �d Z 4.0 C<E 'q N p a w o m A Q s •- C o �� 7 0 co c c� 3aoi mC7 C M o rn o O O O Q ^• U \ r Z U LO; �w . 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'+2 '�3 cog' E m� Qca Ng� � c m �33 «�' m c E E .hE9� mm °a g � m g pp�� pyyp�� aa11 0 3: 8 ii 5 'S r N F u N nWm�p 'cpca mn 'ay amm (Y�'l «cm o $c9Q C V 29 j`Ow« ° E D c @ ohm Y3 mp m �u; °�a'� n m O t m c y3 N m 0 'z4 y " c E -5 > m Ly E o y r SN]o.j�cQ+yi� UyO `'1m�� v2S O r� rCi mn amp ��na m m e L7-¢`.om m m-s'SqoP EP IN 121 General Committee Agenda ITEM # 9 - 17 Tuesday, June 5, a L D r D ~NO M O ;W: m }, O s m$ S U W m: 'S '¢OpryR N CyymC c°� m9-6 c m m m m 3 m e E$ 5 n 1� s a y o a p a g .jcJ m m b o o D w id v7 m c o m roro c� S H rn g c n' 5 N E E o aE 0 122 General Committee Agenda Tuesday, June 15, 2010 ITEM # 9 - 18 `m a .` m2 L 5 p V `m' }E9 my g m ro 3� Q�'�i•= a � a `� Eye—.2a rnm am �'c� �.� � £iY {d{yyM1 �2 om'.m c5 a cS m� N 8tn H 55 3 m 2 tnt�� 'i w z' z O fe Sl Onnl G no0ne02 3 ra- z O y 2 � w y . of Ul zoo z z z z p 3 8 U F 11 74 P 123 General Commi Tuesday, June ttee Agenda 15, 2010 $ 3 m 0@ S o m m phi a o c $ HEM D 'gpg K .�j •"•' c. -;ti o N U j S m c C 'm r .% fe a�3m E��rm 3U mgo 2^ m m �2 �Dvmi -OF c n j ITEM # 9 - 79 124 7� s„y��� Si• � .e �'Ujt 1 �, s, Jj ytP f ,� "' 7� �, r . � �}t ti' t m 5 �'t}y" af; � x; +�