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AGENDA - Council - 20101214COUNCIL MEETING AGENDA TUESDAY, DECEMBER 14, 2010 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE December 10, 2010 Aui?.,oxA TOWN OF AURORA COUNCIL MEETING AGENDA Tuesday, December 14, 2010 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST H APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. 111 OPEN FORUM IV ADOPTION OF MINUTES Council Minutes of Tuesday, November 23, 2010 pg. 1 Inaugural Meeting Minutes of Tuesday, December 7, 2010 pg. 9 RECOMMENDED: THAT the Council Minutes of Tuesday, November 23, 2010 and the Inaugural Meeting Minutes of Tuesday, December 7, 2010 be adopted as printed and circulated. V PRESENTATIONS (a) Cyndy Skillins, PACT Aurora (Police & Community Together) pg. 11 Introduction and Parks Ambassador Program VI PUBLIC SERVICE ANNOUNCEMENTS Council Meeting Agenda Tuesday, December 14, 2010 Page 2 of 10 VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION IX DELEGATIONS (a) Yvonne Cattral from the Aurora Selkies & Masters Swim Club pg. 12 Re: Item 20 — Town of Aurora Pool Allocation Policy (b) Nigel Evans, Triathelete, from the Aurora Selkies & Masters pg. 13 Swim Club Re: Item 20 — Town of Aurora Pool Allocation Policy (c) Gudmundur Hafthorsson, Head Coach of the Aurora Selkies pg. 14 & Masters Swim Club Re: Item 20 — Town of Aurora Pool Allocation Policy X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT Memorandum from the former Mayor dated November 25, 2010 pg. 147 Xll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Xlll CLOSED SESSION THAT Council resolve into a Closed Session to consider the following matter: ➢ Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action Council Meeting Agenda Tuesday, December 14, 2010 Page 3 of 10 X/V READING OF BY-LAWS RECOMMENDED: 5287-10 BEING A BY-LAW to allocate any 2010 pg. 150 Operating Fund surplus and any 2010 Water and Wastewater Operating Fund surplus or deficit (Report CFS10-035) 5292-10 BEING A BY-LAW to exempt Lots 43, pg. 152 44, 53, and 54 on Plan 65M-4079 from Part -Lot Control (Royalcliff Homes Bayview Inc.) (Report PL10-069) 5293-10 . BEING A BY-LAW to Levy Interim pg. 153 Property Taxes for the 2011 taxation year (Report CFS10-040) 5295-10 BEING A BY-LAW to appoint an Acting pg. 155 Head of Council (Deputy Mayor - John Abel) 5294-10 BEING A BY-LAW to Confirm Actions by pg. 156 Council Resulting from Council Meeting on December 14, 2010 XV ADJOURNMENT Council Meeting Agenda Tuesday, December 14, 2010 Page 4 of 10 AGENDA ITEMS 1. CAO10-019 — York Region Courts for Provincial Offences pg. 15 York Region Courts Inter -Municipal Agreement RECOMMENDED: THAT Council receive Report No. CAO10-019; and THAT Council approve the York Region Courts Inter -Municipal Agreement; and THAT Council authorize the Mayor and Town Clerk to execute the York Region Courts Inter -Municipal Agreement. 2. BBS10-014 — Request for Sign Variance — 669 Wellington St. East pg. 32 Aurora Toyota RECOMMENDED: THAT Council receive Report No. BBS10-014; and THAT Council approve an increase to the maximum permitted sign area of the existing ground sign located at 669 Wellington St. East, to 3.3m2 whereas the Sign By-law requires a maximum of 2.2m2. 3. BBS10-015 — Animal Control Services Contract Extension (OSPCA) pg. 37 RECOMMENDED: THAT Council receive Report No. BBS10-015; and THAT Council exercise the extension option in the current agreement between the Town of Aurora and the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) for a period of one (1) year from January 1st to December 315t, 2011 subject to the terms of the amended agreement at a cost of $191,387 plus CPI. Council Meeting Agenda Tuesday, December 14, 2010 Page 5 of 10 4. CFS10-035 — 2010 Surplus/Deficit Control pg. 40 RECOMMENDED: THAT report CFS10-035 be received; and THAT By-law Number 5287-10 be adopted to authorize the Treasurer and the Chief Administrative Officer to make necessary year-end adjustments and to allocate any 2010 Operating Fund surplus in the following order of priority: i. Any unspent funds allocated in the 2010 Budget for suggested expenditures be returned to the respective original reserve and reserve fund sources: Accessibility Reserve, Arts and Cultural Reserve Fund, Building Department Fees Reserve, Election Reserve Fund, Engineering Fees Reserve Fund, Landscape Fee Reserve, Parks Development and Facilities Development Charges Reserve Fund, Storm Sewers Reserve Fund, Water & Sewer Reserve Fund, and WSIB Reserve Fund; ii. That any net Building Permit revenue surplus/deficit be allocated to/funded from the Building Department Fees Reserve; iii. Up to a maximum of the first $100,000.00 of any remaining surplus be retained for 2011 Budget funding, subject to Council's 2011 budget deliberations; iv. Up to a maximum of $275,000.00 of any then remaining surplus be allocated to the Tax Rate Stabilization Reserve Fund to assist with stabilizing tax rates in future years which may experience fluctuations due to significant changes in service levels or municipal costs, or changes in expected revenues; v. That the then remainder of any surplus may be allocated to budget carry -forward items, being Council approved projects or initiatives funded in the Operating Fund in the subject year, but not started by year-end; and vi. That the remainder of any surplus be allocated to the Municipal Capital Reserve; THAT the provisions made within By-law Number 5287-10 be adopted to authorize the Treasurer and the Chief Administrative Officer to allocate any 2010 surplus or alternatively fund any deficit in the Water, Wastewater, Stormwater, or Pumping Station budgets to or from the appropriate related reserve accounts: and Council Meeting Agenda Tuesday, December 14, 2010 Page 6 of 10 THAT the Treasurer and Chief Administrative Officer report to Council through General Committee after the year-end surplus/deficit control adjustments and allocations have been performed. 5. CFS10-036 — Renewal of External Auditor Contract pg. 46 RECOMMENDED: THAT report CFS10-036 be received; and THAT the expired three-year appointment of Grant Thornton, LLP as the Town's auditor be extended for an additional two-year period, to provide external audit services for the operating year -ends December 31, 2010 and 2011. 6. CFS10-038 — 2010 Report on Corporate Financing Leases pg. 49 RECOMMENDED: THAT report CFS10-038 be received for information. 7. CFS10-041— 2011 Interim Tax Levy pg. 51 RECOMMENDED: THAT report CFS10-041 be received; and THAT By-law No. 5293-10 be adopted to authorize the levying of interim tax amounts on all rateable properties and to establish instalment due dates. 8. CFS10-042 — Release of Contingent Funding from the 2010 Operating pg. 54 Budget RECOMMENDED: THAT report CFS10-042 be received; and THAT an additional transfer of $24,400 of operational grant funding to the Aurora Public Library Board be authorized, funded from the Town's Working Capital Reserve, account number 3-4-90001-8005; and Council Meeting Agenda Tuesday, December 14, 2010 Page 7 of 10 THAT an additional draw from reserve funds in the amount of $207,600 be approved to fund contract and wage settlements previously approved for the Town's union and non -union staff groups, funded from the Town's Working Capital Reserve, account number 3-4-90001-8005. 9. CLS10-025 — 2011 Council and Committee Meeting Calendar pg. 56 RECOMMENDED: THAT report CLS10-025 be received; and THAT the 2011 Council and General Committee Meeting Calendar attached hereto as Attachment 1 be approved. 10. CLS10-026 — Statutory and Advisory Committees pg. 70 RECOMMENDED: THAT report CLS10-026 be received; and THAT Council appoint three Members of Council to sit on the Joint Council Committee which oversees the operation of the Central York Fire Services, as the Town of Aurora's representatives on the Committee; and THAT staff be directed to advertise for applications to statutory boards and committees namely, the Aurora Public Library Board, the Committee of Adjustment, and the Accessibility Advisory Committee; and THAT Council consider which advisory committees it wishes to reconstitute for the 2010-2014 term of office and provide any direction deemed appropriate. 11. CLS10-029 — 2011 Corporate Insurance Policy pg. 104 RECOMMENDED: THAT report CLS10-029 be received; and THAT the insurance and risk management proposal submitted by BFL Canada in the amount of $315,557 plus taxes be approved; and THAT the Town of Aurora's corporate insurance policy with BFL Canada be extended for a one year period. Council Meeting Agenda Tuesday, December 14, 2010 Page 8 of 10 12. PR10-035 — 2010 Community Grant Requests —Additional Requests pg. 109 RECOMMENDED: THAT report PR10-035 be received; and THAT Council approve the 2010 Community Grant request received from Optimist Club of Aurora Inc. ($1,000.00) and Ms Shay Pileggi ($867.00) and York Region 55+ Games ($500.00); and THAT Council deny 2010 Community Grant requests received from Artcures Inc. ($1,000.00). 13. PL10-068 — Proposed Demolition of Existing Addition to a Listed pg. 114 Heritage Property — 41 Larmont Street RECOMMENDED: THAT Council receive report no. PL10-68; and THAT Council approve demolition of the existing rear addition at 41 Larmont Street. 14. PL10-069 —Application for Exemption from Part Lot Control pg. 123 Royalcliff Homes Bayview Inc. Plan 65M-4079, Lots 43, 44,53 & 54 File Number: D12-PLC-04-10 (Related File: D12-00-1A) RECOMMENDED: THAT Council receive report no. PL10-069; and THAT Council approve Application for Exemption from Part Lot Control submitted by Royalcliff Homes Bayview Inc. to divide Lots 43, 44, 53 & 54 on Plan 65M-4079 into eight (8) separate lots; and THAT Council enact By-law 5292-10. Council Meeting Agenda Tuesday, December 14, 2010 Page 9 of 10 15. Memorandum from Mayor Dawe pg. 129 Re: Notice of Motion for Removal from the Town's Website of the Code of Conduct Complaint against Councillor Buck RECOMMENDED: THAT the following resolution be received and referred to the January 18, 2011 General Committee agenda for consideration by Council: THAT the Code of Conduct Complaint against Councillor Buck dated July 21, 2009 be removed from the Town of Aurora website. 16. Memorandum from Mayor Dawe pg. 130 Re: Notice of Motion Regarding the Termination of the Contract for Integrity Commissioner Services and Review the Code of Conduct RECOMMENDED: THAT the following resolution be received and referred to the January 18, 2011General Committee agenda for consideration by Council: THAT the Integrity Commissioner be given thirty days notice of the termination of the contract for services in accordance with the provisions of that contract; and THAT staff review the Code of Ethics and Code of Conduct and provide recommendations for proceeding with a single document for Council review. 17. Memorandum from the Chief Administrative Officer pg. 131 Re: Council Offsite Education Meeting RECOMMENDED: THAT Council receive this memorandum; and THAT Council hold a meeting that is closed to the public pursuant to subsection 239(3.1) of the Municipal Act, 2001 for the purpose of educating its Members on topics including: development of (a) strategic plan(s), budget pressures and options, land/space accommodations and the needs of youth in Aurora; and THAT the meeting be held at the Kingbridge Centre, 12750 Jane Street, King City, Ontario, starting on Friday, January 14, 2011 at 6:00 p.m. and continuing on Saturday, January 15, 2011 at 8:30 a.m. Council Meeting Agenda Tuesday, December 14, 2010 Page 10 of 10 18. Memorandum from the former Mayor pg. 136 Re: Thank You Letter from Aurora Mayor's Prayer Breakfast Committee RECOMMENDED: THAT Council receive for information the memorandum regarding the "Thank You Letter from Aurora Mayor's Prayer Breakfast Committee". 19. Memorandum from Manager of Legislative Services, Deputy Clerk pg. 138 Re: Resignation of Committee of Adjustment Member RECOMMENDED: THAT Council receive for information the memorandum regarding the "Resignation of Committee of Adjustment Member". 20. Memorandum from Councillor Ballard pg. 140 Re: Correspondence from Yvonne Cattral Re: Town of Aurora Pool Allocation Policy RECOMMENDED: THAT Council receive the correspondence from Yvonne Cattral regarding the "Town of Aurora Pool Allocation Policy"; and THAT Council provide direction. 21. Central York Fire Services Joint Council Committee pg. 143 Minutes of Tuesday, September 21, 2010 RECOMMENDED: THAT the minutes of the Central York Fire Services Joint Council Committee meeting of Tuesday, September 21, 2010 be received and the recommendations carried by the Committee be approved. Council Meeting Agenda Tuesday, December 14, 2010 Council Minutes - 1 AURORA TOWN OF AURORA COUNCIL MEETING MINUTES NO. 90-26 Council Chambers Aurora Town Hall Tuesday, November 23, 2010 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (arrived at 7:07 p.m.), Collins-Mrakas, Gaertner, Gallo, Granger, McRoberts and Wilson MEMBERS ABSENT Councillor MacEachern TTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By- law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services[Treasurer, and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:00 p.m. DECLARATIONS OF PECUNIARY INTEREST Councillor Collins-Mrakas declared an interest in Item 7(6) as a family member is employed at Magna: 1/ APPROVAL OF AGENDA Moved by Councillor McRoberts Seconded by Councillor Gallo THAT the agenda as circulated by the Customer and Legislative Services Department be approved with the following additions: ➢ Delegation (a) and PowerPoint Presentation from Isobel. M. Ralston & Jan Oudenes Re: Tree Removal in Aurora ➢ Correspondence from Dan and Kate Revington Re: Item 6 — Memorandum from Mayor Morris Letter from the York Region District School Board CARRIED /it OPEN FORUM Sher St. Kitts expressed great respect for Council and thanked them for all of their support over the last four years. She noted that the Canada Day Parade has grown along with many other wonderful events and activities in Aurora. Charles Sequeira, President, and Ruth Church,. Treasurer, both of the Aurora Seniors Association, presented the . Director of Corporate and Financial - 1 - Council Meeting Agenda Tuesday, December 14, 2010 Council Minutes - 2 Minutes of Council Meeting Tuesday, November 23, 2010 Page 2 of 8 ServiceslTreasurer with a cheque in the amount of $8,632 representing the final payment remaining from the Association's loan in 2004. Mr. Sequeira thanked the Mayor and Council for their support and co-operation during. the past four years. Ron Coe, Director of the. Seniors Woodshop, presented Mayor Morris with a hand-crafted pen in appreciation of her support in the past events at the Seniors Centre. IV ADOPTION OF MINUTES. Council Minutes of Tuesday, September 28, 2010 Moved by Councillor Wilson Seconded by Councillor Granger THAT, the Council Minutes of Tuesday, September 28, 2010 be adopted as printed and circulated. CARRIED Special Council Minutes of Tuesday, November 2, 2010 Moved by Councillor Wilson Seconded by Councillor Granger THAT the Special Council Minutes of Tuesday, November 2, 2010 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Recognition of Members of Council 2006-2010 The Chief Administrative Officer, Neil Garbe, thanked all of the members of Council for their dedicated service to the Town of Aurora and extended his high regard for the office they held. He noted that as a public servant he felt it was a privilege and honour to participate in the democratic process that many people sacrificed their lives to uphold. Mr. Garbe thanked the veterans for fighting to preserve the freedoms that we have today and thanked Council for their willingness to participate in this living representation of the liberty we all enjoy. Mr. Garbe presented tokens of appreciation to the Mayor and outgoing Council members and noted their individual accomplishments throughout their term of Council.. He stated that Councillor Wilson has served the residents of Aurora as amember of the Aurora Public Library Board and Economic Development Advisory Committee, and as Chair of the Joint Council Committee — Central York Fire Services, and that Councillor Wilson's leadership role as the Chair of the Joint Council Committee enhanced the partnership with the Town of Newmarket. Mr. Garbe then noted the formal involvement of Councillor Granger with the Town including membership on the Economic Advisory Committee, Leisure Services Advisory Committee, ,Traffic Safety Advisory Committee, and the Ad Hoc Arts and Culture Advisory Committee, and his role as Council's appointed Liaison to the Aurora Farmers' Market. He also noted that Councillor Granger was a tireless contributor to the life of this community. Mr. Garbe recognized Councillor MacEachern's passion for the environment which was reflected in her formal capacities with the Town of Aurora and beyond. He said that she had falthfully,served on the Economic Development Advisory -2- Council Meeting Agenda Council Minutes - 3 Tuesday, December 14, 2010 Minutes of Council Meeting Tuesday, November 23, 2010 Page 3 of 8, Committee, Environmental Advisory Committee, Leisure Services Advisory Committee, Official Plan Review Steering Committee,, the 2C Secondary Plan Steering Committee, and Ad -Hoc Master Recreation Plan task force. Mr. Garbe noted that in addition to this impressive list, she also served as York Region's appointee to the Lake Simcoe Conservation Authority where she held the position of Chair of the Ad -Hoc Sheppard's Bush Steering Committee. Mr. Garbe commented that Councillor Collins-Mrakas had served the residents of Aurora in her official capacities on the Aurora Public Library Board, the Heritage Advisory Committee, and the Graffiti Abatement Committee. He also spoke of her contributions to this community through her work with Warm Hands, Warm Heart, making mittens for children who don't have this basic item of clothing, demonstrating Councillor Collins-Mrakas kind heart and desire to make a tangible impact on the lives of those less fortunate. Mr. Garbe next acknowledged Councillor and Deputy Mayor McRoberts as a thoughtful, patient and caring man. He noted that these attributes carried forward In his roles on the Accessibility Advisory Committee, Heritage Advisory Committee, and the Leisure Services Advisory Committee. Mr. Garbe noted that Councillor and Deputy Mayor McRoberts showed his caring nature in the leadership role that he played in the annual Salvation Army Kettle Drive. Lastly, Mr, Garbe recognized Mayor Morris' passion to this community since 1994. He noted that as an ex-officio on all of the Town Advisory Committees, Mayor Morris showed up at most of the meetings as well. Mr. Garbe stated that additionally, as the Mayor and Aurora's representative on York Region Council, she was also active as Vice Chair on the Region's Audit Committee as well as having membership on the Region's Finance and Administration, Health and Emergency Medical Services, Planning and Economic Development, and the Solid Waste Committees. Mr. Garbe noted that Mayor Morris accepted the Minister's appointment to the. Lake Simcoe Stakeholders Advisory Committee which looked at restoring and creating a sustainable future for that treasure. in York Region. He noted that Mayor Morris also chaired the Official Plan Review Committee, the 2C Secondary Plan Steering Committee, and the Yonge Wellington -Aurora Promenade Committee. Mr. Garbe remarked on Mayor Morris' love for the Town of Aurora and that she was one of its biggest boostersl (b) Nicole Williams, Sponsorship/Special Events Asst. Re: Platinum Sponsor Recognition Nicole Williams, Sponsorship/Special Events Assistant, thanked the Town of Aurora's 2010 Platinum level event sponsors. She noted that each. Platinum sponsor has made an invaluable contribution to the overall success of the Town of Aurora's Special Events in 2610. Ms Williams stated that the exceptional attendance levels were achieved by the investments made by the Platinum sponsors and that each year, tens of thousands of residents participated in the Town of Aurora's menu of events. Mayor Morris advised that it is partly due to the generous contributions each of these sponsors that has enabled the Town of Aurora the opportunity to provide events that created quality time and lasting memories shared with family and new friends. ` Ms Williams and Mayor Morris noted that Bell Canada hassupported events within the Town of Aurora since 2003, with over $25,000 in contributions; Cineplex Odeon Aurora Cinemas has been a sponsorship partner since 2004 and through their continued support have helped to enhance and provide entertainment opportunities for this community at no cost; and Aurora Home Hardware Building Centre was recognized for contributing over $30,000 in the past eight years that has enabled families to enjoy events throughout the year. .3. Council Meeting Agenda Tuesday, December 14, 2010 Council Minutes - 4 Minutes of Council Meeting Tuesday, November 23, 2010 Page 4 of 8 Ms Williams noted that some of these Patinum-sponsored events include Canada Day, Concerts and Movies in the Park, Ribfest, Haunted Forest, Tree Lighting and Santa Under the Stars Parade. She thanked the Platinum sponsors and recognized their invaluable contributions to the Town of Aurora. % (c) Mr. Lorne Merkur Re: Arts and Culture Grant Presentations Mr. Lorne Merkur and Mayor Morris presented the 2010 Arts and Culture. Grants to the following recipients; • Mary Frances Turner on behalf of the Aurora Scottish Country Dancers • Flo Murray on behalf of the Aurora Seniors Book Club Sheila Ghazarian on behalf of the Aurora Seniors Art Group • Bud Switzer on behalf of the Auroa Seniors Evergreen Choir Bud Switzer on behalf of the Aurora Seniors Silver Start Drama Club Agnes Ballejo on behalf of the Aurora St. Andrews Scottish Country Dance Group • Susan Walmer on behalf of the Aurora Community Heritage Fair • Catherine Richards and Suzanne Reiner on behalf of the Aurora Historical Society • Marco Ramunno on behalf of Doors Open Aurora Marco Ramunno on behalf of the Heritage Advisory Committee Wooden Interpretive Plaque Program for Heritage Buildings • Rand Houghton on behalf of Writers Springboard Herbert Pryke on behalf of Artcures Inc. Deborah Campo —Artist • Tahmineh Farbod on behalf of the Aurora Iranian -Canadian Seniors Group • Sheena Griffith on behalf of Pine Tree Potters Guild Empty Bowls Project • Katherine Toksoy on behalf of Pandora's Box Salon Anne Currie O'Brien on behalf of Theatre Aurora • Jaime Leigh Gianopolous on behalf of Wake Up 2 Life • Bill Vetch on behalf of White Heather Pipes and Drums The York Region Media Group Celebration of the Arts and the Aurora Writers Group representatives were unable to attend but will be receiving their grants in the mall. One of the recipients noted that the late Mr. David Merkur established this fund that has provided many citizens and organizations invaluable financial assistance to promote and enrich cultural and artistic activities within the Town of Aurora. (d) Welcome Wagon Presentation Re: 2009 Community of the Year Mary Jo Williams, a representative of the Welcome Wagon along with other team members, presented Mayor Morris with a plaque commemorating the Town of Aurora as the 2009 Welcome Wagon Community of the Year for the' 35,000 to 60,000 residents' division. She noted that the Town of Aurora had been awarded this honour in years past as well. -4- Council Meeting Agenda Council Minutes - 5 Tuesday, December 14, 2010 Minutes of Council Meeting Tuesday, November 23, 2010 Page 5 of 8 VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that Mr. Ben Kestein has donated a painting entitled, "It's For the. Birds", to be displayed at Town Hall as a silent auction item. Residents are encouraged to bid on this painting and proceeds will be used to help anyone in need within the community. Mayor Morris thanked Mr. Kestein for his generosity. Mayor Morris noted that the Santa Claus parade is being held this Saturday. The Director of Parks and Recreation Services informed Council and those in attendance that Santa Claus is coming to Town this Saturday, November 27 commencing at 6:00 p.m. at Orchard Heights Drive and is moving south along Yonge Street. He stated that public notices have been Issued regarding some road closures to accommodate the parade and invited one and all to come out and celebrate the holiday season. Mayor Morris stated that the Aurora Farmers' Market. & Artisan Fair Holiday Edition is being held this Saturday, November 27, at the Aurora Cultural Centre from 10:00 a.m. until 4:00 p.m. She also noted there would an Art Show and Sale called "Facets of Nature" by Marianne Broome at the Aurora Cultural Centre commencing November 26 until December 22, Tuesday through Saturdays, from 1:00 p.m. until 4:00 p.m. Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5, 6, and 7 were identified for discussion. Vill ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, and 4 were identified as items not requiring separate discussion. Moved by Councillor Gaertner Seconded by Councillor Granger THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. BBS10-013 — Request for Sign Variance to Sign By-law No. 4898-07.P THAT Council. approve a request for signvariance to increase the maximum permitted sign area from 10 square metres to,14.6 square metres for the Wellington St. entry sigh located at 650-676 Wellington St. East. 2. CFS10-032 — Cancellation, Reduction or Refund of Property Taxes Under Section 354, 357 and 358 of the Municipal Act THAT a meeting in.accordance with Sections 354, 357 and 358 of the Municipal Act, 2001 be held in respect of the application made by the Treasurer.and the owners listed In this report at which applicants may make representations to Council; and THAT property taxes in the amount of $10,896.15 be adjusted pursuant to Section 354 of the Municipal Act, 2001; and THAT property taxes in the amount of $36,032.42 be adjusted pursuant to Section 357 of the Municipal Act, 2001; and -5. .... .._---- . --- Council Meeting Agenda Council Minutes - 6 Tuesday, December 14, 2010 Minutes of Council Meeting Tuesday, November 23, 2010 Page 6 of 8 THAT property taxes in the amount of $10,016.38 be adjusted pursuant to Section 358 of the Municipal Act, 2001; and THAT the associated interest if applicable be cancelled in proportion to the Property Taxes adjusted; and THAT the Director of Corporate & Finance Services, Treasurer be directed to remove said property taxes from the Collector's Roll to reflect these Property Tax Adjustments. 3. CFS10-039 — Authorization to Execute Banking Agreement— Safety Deposit Box THAT the Corporation lease a safety deposit box from TD Canada Trust; and THAT the Treasurer is hereby authorized to sign and execute on behalf of the Town such contracts, agreements anddocuments for such purpose, upon such terms and conditions and for such rental, all as may be required by the bank; and THAT TD Canada Trust is authorized to allow the Treasurer, or those employees so delegated in writing by the Treasurer, to have access to and control of the safety deposit box rented by the Town from the bank. 4. CF910-040 — Capital Projects Financial Position Report as of August 31, 2010 THAT report CFS10-040 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. CARRIED IX DELEGATIONS (a) Isobel M. Ralston and Jan Oudenes Re: Tree Removal in Aurora Mr. Jan Oudenes stated that he and Ms Isobel Ralston have been residents of Aurora since 1993 and that they have become concerned over the sustained tree cutting at the Beacon Hail Golf Club. He noted that the current tree permit process lacks transparency and that there is no public notification or long-term assessment plan due to the exclusion of golf courses from the tree permit process. Mr. Oudenes presented photographs of the trees currently designated to be cut and requested that Council consider strengthening the by-law and public information process to save the destruction of more trees in the future. He also noted that he.and Ms Ralston would be meeting with Ian Buchanon of York . Region on November24, 2010. Moved by Councillor Buck Seconded by Councillor Gaertner THAT Council receive and refer the delegation to staff. CARRIED -6- Council Meeting Agenda Tuesday, December 14, 2010 Minutes of Council Meeting Tuesday, November 23, 2010 Page 7 of 8 Council Minutes - 7 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Mayor Morris relinquished the Chair to Deputy Mayor McRoberts at 8:32 p.m. 5. CLS10-027 — Amendment to the September 14, 2010 Council Minutes Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Council minutes of the September 14, 2010 meeting be amended to reflect that Mayor Morris left the meeting at 1:10 a.m. and that Deputy Mayor McRoberts was in the Chair when open session reconvened at 1:11 a.m. CARRIED Mayor Morris resumed the Chair at 8:43 p.m. 6. Memorandum from Mayor Morris Re: Wells Street Public School Letter from the York Region District School Board Moved by Councillor Gaertner Seconded by Councillor Granger THAT Council receive the memorandum from Mayor Morris regarding the Wells Street Public School; and THAT Council refer the matter to the incoming Council for consideration. - CARRIED Moved by Councillor McRoberts Seconded by Councillor Wilson THAT Council receive and refer the correspondence from Dan and Kate Revington to the Incoming Council for consideration. CARRIED . 7. Memorandum from the Chief Administrative Officer Re: Status Update Moved by Councillor McRoberts Seconded by Councillor Wilson THAT Council receive the Status Update memorandum from the Chief Ad niin istrative .Officer. CARRIED XI REGIONAL REPORT None X11 NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS None -7- Council Meeting Agenda . Tuesday, December 14, 2010 Minutes of Council Meeting Tuesday, November 23, 2010 Page 8 of 8 Xlll CLOSED SESSION AGENDA None XIV READING OF BY-LAWS _----- -------- _--------- -_.. Council Minutes - 8 Moved by Councillor Wilson Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 6290-10 BEING A BY-LAW to amend By-law Numbers 5108-09.H and 5216-10 to. appoint a Building Inspector, a Municipal By-law Enforcement Officer, and a Property Standards Officer. 5291-10 BEING A BY-LAW to Confjrm Actions by Council Resulting from Council Meeting 10-26 on November 23, 2610 . CARRIED Mayor Morris relinquished the Chair to Deputy Mayor McRoberts at 8:47 p.m. XV ADJOURNMENT Moved by Mayor Morris THAT the meeting be adjourned at 8:48 p.m. CARRIED THE MINUTES OF THE COUNCIL MEETING 10-26 ARE SUBJECT TO FINAL APPROVAL AT. COUNCIL ON TUESDAY, DECEMBER 14, 2010. GEOFF DAWE, MAYOR JOHN D. LEACH, TOWN CLERK Council Meeting Agenda Tuesday, December 14, 2010 AvRoRA Inaugural Council Minutes - 1 TOWN OF AURORA INAUGURAL MEETING OF THE 2010 - 2014.COUNCIL MINUTES Council Chambers Aurora Town Hall Tuesday, December 7, 2010 7:30 p.m. INAUGURALCEREMONY The Inaugural Ceremony was held for Members of Council elected to the 2010 — 2014 term of office. CALL TO ORDER Mr. John Webster, Town Crier, called the meeting to order. The processional, led by Piper Steven Sirbovan and the Royal Canadian Legion Branch 385 Colour Guard, escorted the Mayor and Members of Council into the Council Chambers. "0 CANADA" Mr. Josph Likuski sang "O Canada". PRAYER OF DEDICATION Reverend .Stephen Kern, Rabbi Marty Steinhouse and Interfaith Council Khaled Seaydoun gave blessings and prayers of dedication. The Town Clerk, John D. Leach, introduced His Worship, Douglas Clark, who Introduced the Colour. Guard and administered the Declaration of Office to Mayor Dawe. The Town Clerk then presented Mayor Dawe with the Chain of Office. ADMINISTRATION OF THE OATH OF OFFICE TO THE COUNCILLORS His Worship Douglas Clark administered the Declaration of Office collectively to the Members of Council. -g. Council Meeting Agenda Inaugural Council Minutes - 2 TuesdayvDecermber 41;-2010-._:,._......._._.r Inaugural Council Meeting Minutes Page 2 of 2 Tuesday, December 7, 2010 INTRODUCTION OF THE NEW MEMBERS OF COUNCIL Mayor Dawe assumed the Chair and introduced the new Members of Council. INTRODUCTION OF DIGNITARIES AND SENIOR MANAGEMENT TEAM Mayor Dawe recognized a number of dignitaries, Including Frank Klees, MP, and former Council members, and Introduced members of the Town of Aurora Executive Leadership Team. INAUGURAL ADDRESS BY THE MAYOR Mayor Dawe welcomed family members and special guests. He extended his appreciation for the trust of the electors and thanked the staff who assisted in the preparation of the Inaugural Ceremonies. Mayor Dawe gave his Inaugural Address in which he outlined the excitement and challenges for this new term of Council. GREETINGS FROM COUNCILLORS Each Member of Council addressed the audience, acknowledging their families and friends, and expressed their thanks to the residents of Aurora who have entrusted them with their position on Council. RETURN OF THE "FREEDOM OF THE TOWN" Mayor Dawe, Honorary Commander -in -Chief of The Queen's York Rangers (151 American Regiment) R.C.A.C., presented Lieutenant -Colonel Zdunich, representing the Regiment, with the "Freedom of the Town". The proclamation symbolizes the freedom of the Town of Aurora originally granted by Council to the Queen's York Rangers in 1966. Lieutenant -Colonel Zdunich expressed the Regiment's appreciation for the grant of this freedom. CLOSING REMARKS AND INVITATION TO ATTEND THE RECEPTION Mayor Dawe provided brief closing remarks together with an invitation to those in attendance to meet their newly elected officials and enjoy some refreshments at a reception on the second floor of the Town Hall. ADJOURNMENT The meeting was adjourned at 0:301 GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE INAUGURAL COUNCIL MEETING OF DECEMBER 7, 2010 ARE SUBJECT TO APPROVAL AT COUNCIL ON DECEMBER 14, 2010. -10- Council Meeting Agenda Tuesday, December 14, 2010 Presentation (a) - 1 yyoru're,.Bsar.yooc6 corgi Customer and Legislative Services Town Clerk 905-727-3123 info@eaurora.ca Town of Aurora 1 Municipal Drive, Box 1000, Aurora, ON L4G 6,11 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 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING COUNCILICOMMITTEEIADVISORY COMMITTEE DATE: December 14t" 2010 / General Council SUBJECT: PACT Aurora (Police & Community Together) and Parks Ambassador Programme DAME: Cyndy Skillins, Kim Rogers - Presenters for PACT ADDRESS: for PACT Id[•I�I�itC�7iGis�l Cyndy Skillins (Chair) E-MAIL ADDRESS: aurorapact@gmail.com PACT Aurora (Police & Community Together) The purpose of this delegation is to introduce PACT Aurora to the new council and Mayor and to share a project we wish to undertake this upcoming year called the Parks Ambassador Programme. 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 6,11 Telephone 905 727-3123, -11- Council Meeting Agenda Tuesday, December 14, 2010 AuRoliA YPU4,'?, b& good, cowpagy DELEGATION REQUEST Delegation (a) - 1 Customer and Legislative Services Town Clerk 905-727-3123 info@e-aurora.ca Town of Aurora 1 Municipal Drive, Box 1000. Aurora. ON LAG 6,11 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 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING PLEASE PRINT COUNCILICOMMITTEEIADVISORY COMMITTEE, DATE:_ Tuesday, December 14110 SUBJECT: POOL ALLOCATION POLICY NAME:_ YVONNE CATTRALL ADDRESS: : Street Address TownlCity A Postal Code 1,11111140I E-MAIL ADDRESS: DO YOU REQUIRE ANY ACCESSIBILITY ACCOMMODATION NO NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable) AURORA SELKIES & MASTERS SWIM CLUB QUESTIONS RELATING TO THE ABOVE SUBJECT BRIEF STATEMENT OF ISSUE OR PURPOSE OF DEPUTATION w J F Community -12- Council Meeting Agenda Tuesdayf December 14, 2010 Au yaure trt. C,�ood, C<+MP49y DELEGATION REQUEST Delegation (b) - 1 Customer and Legislative Services Town Clerk .905-727-3123 info@e-aurora.ca Town of Aurora 1 Municipal Drive, Box 1000. Aurora. ON L4G 611 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 4:30P.M.OAfTHEunmmndvooino-rnrurh-..,.. PLEASE PRINT COUNCILICOMMITTEE/ADVISORY COMMITTEE DATE: Tuesday, December 141%. f SUBJECT: POOL ALLOCATION POLICY NAME: NIGEL EVANS TRIATHLETE ADDRESS: Street Address rowalCity PHONE: HOME: FAX NO.: Postal Code Cell E-MAIL ADDRESS: DO YOU REQUIRE ANY ACCESSIBILITY ACCOMMODATION NO NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable) AURORA SELKIES & MASTERS SWIM CLUB QUESTIONS RELATING TO THE ABOVE SUBJECT BRIEF STATEMENT OF ISSUE OR PURPOSE OF DEPUTATION � � A 0. d Community -13- Council Meeting Agenda Tuesd"ecember 14, 2010 uRo. . Delegation (c) - 1 Customer and Legislative Services Town Clerk 905-727.3123 info@e-aurora.ca A"*e' 4k, 90041 aMP49,V Town of Aurora 1 Municipal Drive, Box 1000. Aurora, ON L40 oil 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 4:30 P.M. ON THE MONDAYPRIOR TO THERE UESTED MEETING PLEASE PRINT CO UNCIUCOMMITTEE/ADVISORY COMMITTEE DATE: Tuesday, December 14/10 SUBJECT: POOL ALLOCATION POLICY ADDRESS: PHONE: HOME: FAX NO.: Sfraet Address 7-own1city Postal Code, BUSINESS: E-MAIL ADDRESS: DOYOU REQUIRE ANY ACCESSIBILITY ACCOMMODATION NO NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable) AURORA SELKtES &MASTERS SWIM CLUB t1i.lESTIQNS RELATING TO THE ABOVE SUBJECT BRIEF STATEMENT OF ISSUE OR PURPOSE OF DEPUTATION i 4 I a � Community -14- Council Meeting Agenda Tuesday,. December 14, 2010 Item 1 -I -�� TOWN OF AURORA AURORA COUNCIL REPORT No. CA010-019 SUBJECT: York Region Courts For Provincial Offences —York Region Courts Inter -Municipal Agreement FROM: Neil Garbe; Chief Administrative Officer Christopher C. Cooper, Director of legal Services/Town Solicitor DATE: December 14, 2010 RECOMMENDATIONS THAT Council receive Report No. CAO10-019; and THAT Council approve the York Region Courts Inter -Municipal Agreement; and THAT Council authorize the Mayor and Town Clerk to execute the York Region Courts Inter -Municipal Agreement PURPOSE OF THE REPORT The purpose of this report is to present the negotiated York Region Courts Inter -municipal Agreement (the "Agreement') to Council for approval. BACKGROUND In 1998, the Province of Ontario transferred the responsibility for court administration, court support functions, the conduct of routine prosecutions, and the collection and enforcement of fines to the municipalities. In return, the municipalities retained a portion of the revenues generated. At that time, the municipalities within York Region entered into a joint Inter- . municipal Agreement to permit York Region to administer Court Services on behalf of the Town of Aurora and the other eight (8) local municipalities. This joint effort ensured that court services were provided cooperatively and consistently throughout York Region and that the program remained cost effective. Each municipality. received a share of the revenues from the court services program. On March 30, 2010, Report No. CA010-003 (Attachment 1 to this report) was presented to Council for consideration. That report detailed the background with respect to the Agreement and addressed the financial impacts to the Town. Council resolved as follows: "THAT Council receive for information Report No. 8 of the Region of York .1s- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 2 March 23, 2010 -2- Report No. CA010-019 Finance and Administration Committee `Provincial Offences Act Courts Amended Inter -municipal Agreement' that was adopted by Council of the Region of York on November 19, 2009, and THAT Council endorse the Region of York's proposal to execute a new "York Region Courts Inter -Municipal Agreement" amending the current funding distribution as follows: a) Funding distributed to the local municipalities be increased from $2.9million to $4.3 million in 2010, b) The Region to retain all revenue except those specifically resulting from local municipal prosecutions commencing in 2011; c) The total amount of $4.3 million be transferred from the Region to the local portion of the property tax bill commencing in 2011, effecting a transfer of tax room to the Town of Aurora in the amount of $209, 641,00; and THAT Council authorize the Chief Administrative Officer to negotiate a new inter -municipal agreement to be developed and executed for York Region courts, reflecting this new funding distribution as described in Recommendation number two above and an appropriate governance model that will ensure equitable, high quality and.accountable court services to the Town of Aurora; and THAT staff report'back with the draft agreement for consideration by Council." COMMENTS Funding Distribution In its meeting of March 30, 2010, Council endorsed.the funding formula presented by the York Region Finance and Administration Committee Report, dated November 19, 2009 (Attachment 2). This new funding distribution will see the Region retain all revenues previously distributed, in return for an exchange of tax room reflected through an increase to the Town's prior year tax burden and a decrease to the Region's prior year tax burden, for the purposes of calculating and stating the property tax increase/decrease for each municipality. The overall impact to the property tax payer is neutral. All nine (9) local municipalities are treated similarly in the new Agreement. The discontinuation of the associated payments to the local municipalities in 2011 will improve the Region's accountability and transparency of its net costs/revenue related to the Courts, and eliminates any deficits currently borne by the Region. -16- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 3 March 23, 2010 - 3 - Report No. CAO10-019 Governance As noted in the Region's staff report, the governance model set out in the previous York Region Courts Inter -municipal Agreement has effectively been disbanded. The newly proposed Agreement resolves important governance issues, such as commitment to service levels, access to court time, prosecutorial services and advice, and ensures equitable.and high quality service to local municipal by-law enforcement and the reporting of same. The new Agreement has improved the Regions accountability, transparency and customer service. In the previous Agreement, the Region only reported the charges filed by agency, the average court cost per charge, the number of charges per staff member, the collection rate (i.e., defaulted payments) and the average revenue per charge. The Region will be reporting and including in its Key Performance Indicators the charges filed by type, the trial rate, the percentage of quashed or withdrawn charges, trial resolution rates, the average time to trial and the percentage of unanswered telephone calls. This improved reporting process will allow the stakeholders (i.e., the eight (8) local municipalities) to ensure that the. Region is providing accountable and valuable service. Agreement Highlights Stakeholder Group The Agreement establishes a Stakeholder Group which is compromised of a broad range of entities, including, the York Regional Police, the Ontario Provincial Police, other law enforcement agencies and a representative from each of the stakeholders. The purpose of the Stakeholders Group is to provide a vehicle for information, input and feedback to be passed between the Region's POA Court Services Branch and the stakeholders. This ensures that everyone is working together collaboratively in the spirit of the Agreement and that any concerns are addressed in a timely manner. Municipal Prosecution The Agreement authorizes the Region to conduct prosecutions on behalf of the Town. The Region provides all of the staffing, collections, scheduling and services related to those prosecutions. The Agreement contains provisions that give the Town the opportunity to conduct local prosecutions with respect to a specific matter. Although this scenario would be a rarity, and the Town does not have the internal resources to facilitate prosecutions, even on specific matters, it does provide for some flexibility for the Town to contribute to the process. Provincial Offences Act, Part 11— Parking Offences Under the Agreement, the Town provides first attendance facilities with respect to parking -17- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 4 March 23, 2010 - 4 - Report No. CA010-019 violations and collects monies with respect to those violations. If the matter is not resolved at the first attendance, it proceeds to the Region for the prosecution of disputed parking violations and any unpaid fines. The first attendance process has been in place for quite some time and allows both the Region and the municipalities to control costs and keep minor parking infractions out of the court system. ALTERNATIVE TO THE RECOMMENDATION There are no practical alternatives to the recommendation. FINANCIAL IMPLICATIONS Prior to discussions about revising the old Agreement, the amount paid out to local municipalities had been capped. As part of the discussions, the cap was removed for 2010, and the 2010 transfer payment made to each municipality would be the amount established for the tax room transfer for 2011. The removal of the cap on the 2010 revenue payment to the Town of Aurora favourably impacted the Town's 2010 operating. budget by $68,141.00. Considering that the proposed transfer of tax room in 2011 will be equal to the increased payment to the Town, the favourable impact will not be one-time, but effectively will continue in perpetuity. CONCLUSIONS The area municipal CAOs, and Treasurers have been consulted by the Region of York staff throughout the process. Town staff are supportive of the recommendation from the Region of York Finance and Administration Committee to increase funding for gross revenues collected under the Provincial Offences Act, as amended (the "POA°), from the annual capped amount of $2.9 million to $4.3 million in 2010. Staff also supports the transfer of these revenues back to the Region of York in 2011, in exchange for the equivalent amount of tax room. This arrangement will put the municipalities and the Region in a neutral position, being fair and transparent to all parties to the Agreement. In addition, the amendment to the manner in which the revenues are collected and disbursed will ensure that the cost of operating the courts is more accountable and transparent in reflecting the true costs of the services. The Town of Aurora is not in a position to take over the POA prosecutions. The Region has provided a good and valuable service to the Town and it is not cost effective to end this arrangement. This Agreement is a standard Agreement which was drafted in consultation with all of the municipalities in York Region. The Regional Council, as well as the Councils for the Town of Georgina, Township of King, Town of Markham, Town of Newmarket, Town of Richmond Hill and the City of Vaughan have approved the execution of the Agreement. The Town of Aurora, Town of East Gwillimbury and the Town of Whitchurch-Stouffville -18- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 5 March 23, 2010 - 5 - Report No. CA010-019 have requested that the Agreement be brought back to their respective Councils for the authority to execute the negotiated Agreement. ATTACHMENTS Attachment # 1 - Report CA010-003, March 23, 2010 Attachment # 2 - York Region Report of the Finance and Administration Committee PRE -SUBMISSION REVIEW Executive Leadership Team — December 1, 2010 Prepared by. Sarah Gill, Law Clerk, exf. 4230. Christopher C. Cooper Director of Legal Services/ Town Solicitor Nell Garbe Chief Administrative Officer -19- Council Meeting Agenda Item 1 - 6 Tuesday; December 14, 2010 r ATTACHMENT TOWN OF AURORA AURPRA GENERAL COMMITTEE No. CAO-10-003 SUBJECT: York Region Courts For Provincial Offences —Proposed Amendments To Inter -Municipal Agreement FROM: Neil Garbe, Chief Administrative Officer .. DATE: March 23, 2010 " R", 'isooOlon. RECOMMENDATIONS /0 THAT Council receive for information Report No. 8 of the Region of York Finance and Administration Committee "Provincial Offences Act Courts Amended Intermunic/pal Agreement" that was adopted by Council of the Region of York on November 19, 2009; THAT Council endorse the Region of York's proposal to execute a new "York Region Counts inter -Municipal Agreement" amending the current funding distribution as follows: a. Funding distributed to the local municipalities be increased from $2.9 million to $4.3 million in 2010 b. The Region to retain all revenue except those specifically resulting from local municipal prosecutions commencing in 2011; C. The Total amount of $4.3 million be transferred from the Region to the local portion of the property tax bill commencing in 2011, effecting a transfer of tax room to the Town of Aurora in the amount of $209,641.00; THAT Council authorize the Chief Administrative Officer to negotiate a new inter - municipal agreement to be developed and executed for York Region courts, reflecting this new funding distribution as described in Recommendation number two above and an appropriate governance model that will ensure equitable, high quality and accountable court services to the Town of Aurora.. THAT staff report back with the draft agreement for consideration by Council. PURPOSE OF THE REPORT The purpose of this report is to update Council on the recommendations contained within the report to the Region of York Finance and Administration Committee regarding "Provincial Offences Act Courts Amended Intermunicipal Agreement" and,the resulting impact and implication to the Town of Aurora. -20- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 7 March 23, 2010 - 2 - W Report No. CAO10-003 BACKGROUND In 1998, the Province of Ontario transferred the responsibility for court administration, court support functions, the conduct of routine prosecutions, and collection and enforcement of fines to the municipalities. In return, the municipality retains a portion of the revenues generated. York Region agreed to administer Court Services on behalf of the regional municipality and all nine local municipalities. The following three agreements provided the framework for the transfer, governance, service and financial arrangements associated with the Courts: 1. The Memorandum of Understanding with the Province transferring Court Administration to all municipal partners to ensure that the Court is adequately maintained. 2. The Local Side Agreement that deals with matters specific to this judicial district. 3. The Inter-municipalAgreement requiring.ft.Region to administer the daily operation of the ., e Courts'on behalf of the ten municipalities in York Region and form a Joint Board of Management to oversee their responsibilities under the Program. COMMENTS Current Funding Distribution As noted in the Region's Finance and Administration Committee Report, the Inter - municipal Agreement in York Region contains a unique revenue sharing model wherein it shares GROSS revenue rather than NET revenue. Under the Inter -municipal , Agreement, all expenses are borne by the Region and the Region retains all revenue from tickets issued by York Regional Police. Any excess above costs from this revenue source is retained by the Region. Local municipalities keep their respective fines revenue generated by by-law enforcement staff and also share in the net revenues achieved from OPP tickets and all other revenue proportionate to.their respective annual Regional Tax Levy. Historically, any surplus generated by the Courts program has not been sufficient to cover the funding distribution to the nine local municipalities and the Region of York was obliged to absorb the related financial burden. Consequently, in 2004, Regional Council capped the total annual payments to the local municipalities at $2.9million per year. Aurora's share of the total capped annual revenue is $141,500.00. Proposed Funding Distribution The Region increased the payment to municipalities for 2010 from $2.9 million to $4.3 million, effectively removing the cap that was imposed in 2004. Commencing in 2011, the Region has also proposed that the total revenues of $4.3 million be transferred from the local municipalities to the Region of York commencing in 2011 and accounting -21- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 8 March 23, 2010 - 3 - Report No. CA010=003 adjustments to be made in exchange for a transfer_ of "tax room" from the Region to the local municipalities. This exchange of tax room would be reflected through an increase to.the Town's prior year tax burden and a decrease to the Region's prior year tax burden, for the purposes of calculating and stating the property tax increase/decrease for each municipality. The overall impact to the property tax payer is neutral. Similar transfers of "tax room" between the Region of York and the nine local municipalities have occurred in the past for the transfer of transit costs from the local . municipalities to the Region in 2001 and the transfer of garbage disposal costs from the local municipalities to the Region in r2003. In both cases, the local municipalities gained the tax room and York Region absorbed the costs. The discontinuation of the associated payments to the local municipalities in 2011 will improve the Region's accountability and transparency of its net costs/revenue related to --the-Cou ts,-and-eliminate any -deficits currently borne by the Region. The removal of the cap on the 2010 revenue payment to the Town of Aurora will favourably impact the Town's 2010 operating budget by $68,141.00. Governance As noted in the regional staff report, the governance model for the original inter - municipal agreement has effectively been disbanded. It is important that with the proposed amendment to the agreement that the governance issues also be addressed. Commitments to service levels, access to court time, prosecutorial services and advice remain very important to local municipalities. The governance model must consider the inclusion of processes to ensure equitable and high quality service to local municipal bylaw enforcement needs. ALTERNATIVES TO THE RECOMMENDATION Not endorsing the Region of York's proposal to execute a new "York Region Courts Inter -Municipal Agreement. FINANCIAL IMPLICATIONS The removal of the cap on the 2010 revenue payment to the Town of Aurora has favourably impacted the Town's 2010 operating budget by $68,141,00. Considering that the proposed transfer of tax room in 2011 will be equal to the increased payment to the Town, the favourable impact will not be one-time, but effectively will continue in perpetuity. CONCLUSIONS This report contains recommendations that Council Support the recommendation of the Region of York Finance and Administration Committee to increase funding for Provincial -22- Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 9 March 23, 2010 - 4 - Report No. CA010-003 Offences Act gross revenues from the annual capped amount of $2.9 million to $4.3 million in 2010 and to transfer these revenues back to the Region of York in 2011 in exchange for the equivalent amount of tax room. ATTACHMENTS Attachment # 1 York Region Report of the Finance and Administration Committee entitled "Provincial Offences Act Courts Amended Intermunicipal Agreement'. PRE -SUBMISSION REVIEW This report was reviewed at the Executive Leadership Team meeting on March 10, 2010. Prepared by. Neil Garbe, ChiefAdministrative Officer, ext. 4744. Nei/ Garbe Chief Administrative Officer .23. Council Meeting Agenda Tuesday, December 14, 2010 Item 1 - 10 ATTACHMENT-2 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 8 PROVINCIAL OFFENCES ACT COURTS AMENDED INTERMUNICIPAL AGREEMENT The Finance and Administration Committee recommends that the following report dated November 2, 2009, from the Chief Administrative Officer, be received and referred to the local municipalities for their input prior to the Committee's meeting of December 3, 2009. RECOMMENDATIONS It is recommended that: 1. Subject to receiving the concurrence of all local municipal Councils, Regional Council authorize the Chair and Clerk to execute a new "York Region Courts Intermunicipal Agreemenf' reflecting the. changes set out in this report. 2. Upon the execution of the new Intermunicipal Agreement, funding distributed to the local municipalities be increased from $2.9 M to $4.3 M in 2010 conditionally upon: a. The Region retaining all revenues except those specifically resulting from local municipal prosecutions, and b. The increased amount ($4.3 M) being transferred from the Regional to local portion of the property tax bill starting in 2011. 3. Regional staff prepare and implement a communication plan outlining the property - tax implications for 2011 in consultation with all of the local municipalities. 2. PURPOSE The purpose of this report is to: i. Inform Committee and Council of changes that have occurred over time to the governance model of the Provincial Offences Act Program (POA); ii. Provide an update on consultation undertaken over the past three years; iii. Seek approval for the updating of the Intermunicipal Agreement (originally signed by all ten municipalities in 1999) to achieve a more accountable and sustainable governance model; and iv. Recommend additional funding of $1.4 Min the 2010 budget to meet funding obligations originally set out in the transfer of POACourt responsibilities from the Province of Ontario. -24- Council Meeting Agenda Item 1 - 11 Tuesday, December 14, 2010 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 3. BACKGROUND York Region was a "demonstration site" for the transfer of POA Courts to municipalities As one of the earliest transfers (July 12, 1999), York Region worked with the Province to create a smooth transition with uninterrupted service to all stakeholders. The Region took over responsibility for an existing leased court facility at the Tannery Mall in Newmarket (three court rooms) and the success of the transfer was well documented and used as a model for subsequent transfers across the province. The original transfer required execution of two agreements — one between the Ministry of the Attorney General and Region of York and another binding all ten municipalities The "Transfer Agreement" that forms the basis for the Ministry's transfer of POA Court administration to York Region is actually based on two agreements. A Memorandum of Understanding between the Region and the Ministry of the Attorney General sets out the service expectations of the Ministry. An "Intermunicipal Agreement" is stipulated in the Memorandum of Understanding and includes, as parties, all ten municipalities in the Region of York. The Intermunicipal Agreement, among other things, sets out: i. Revenue distribution ii. Reporting requirements iii. Prosecuting obligations iv. First Attendance obligations (i.e. local municipal responsibility for parking) v. Budgeting and staffing vi. Dispute resolution, etc. The Intermunicipal Agreement also established a Joint Board of Management comprised of Council appointed staff (one) from each municipality. Original estimates of workloads, costs and revenues proved to be inaccurate Prior to the transfer, the Ministry of the Attorney General (MAG) had operated POA courts as part of a much larger portfolio of court services. A relatively small number of staff had been exclusively assigned to POA work, with a much larger number being involved in combined or shared duties for other levels of courts. Also, separate staff at the Ministry of Finance had played a very large role in the payment processing operations, particularly through the Province -wide payment processing centre in Oshawa (which was subsequently closed). The "embedded" nature of the Provincial operation made it difficult to accurately identify the number of staff needed to operate POA courts. Further projections were provided using statistics collected by the Provincial computer system (ICON) but these were of -25- Council Meeting Agenda Item 1 - 12 Tuesday, December 14, 2010 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 limited assistance to municipalities due to the fact that ICON was designed primarily as a case management system and not a financial forecasting tool. POA Court services in York Region have been substantially improved over the past ten years POA Court services have grown to reflect growth in our communities and expanded to meet the service level goals set out by Regional Council. In 2002, additional courtrooms were opened at Yonge Street and Highway 7 in Richmond Hill. Since that time, the number of courtrooms has grown from three to eight. As well, additional resources have been applied to reducing the number of charges requiring court room time. The Intermunicipal Agreement needs to be reconsidered based on current information In drawing up the agreement more than ten years ago, the ten municipalities used the best information of the time. In 2009, alter ten years of practical experience running the program, more reliable data is readily available. In part this is due to some improvements being made in the reporting capabilities of the Provincial computer system. Also, municipalities have worked collaboratively to share best practices and undertake benchmarking initiatives, e.g. by creating performance indicators for POA courts through the Ontario Municipal Benchmarking Initiative (OMBI) process. There have also been some emerging trends over the past ten years that probably could not have been predicted even if better data had been available at the time of transfer. For example, the tendency to dispute charges, particularly in the GTA, has increased dramatically in recent years and created extra strain on court resources. Case law has also evolved in ways that impact POA operations (e.g. the early resolution system known as "First Attendance" now requires extra administrative steps, there are now more transcripts being requested than ever before, etc.). Current trends and performance metrics are much more reliable than the outdated 1999 estimates which formed the basis for the original Intermunicipal Agreement. 4. ANALYSIS AND OPTIONS Joint Management Board's authority was unclear Regional Council has direct responsibilities for funding and administering the program, pursuant to the Transfer Agreement with the Province (made under Part X of the Provincial Offences Act). However, the wording in some sections of the Intermunicipal Agreement can be construed to suggest that staff members sitting on a "Joint Board" were given additional or separate authority with respect to key governance functions such as the approval of budget. Given that Regional Council has ultimate control over the resources in question, this created some ambiguity as to the role of the Joint Board. In the IWIz Council Meeting Agenda Item 1 - 13 Tuesday, December 14, 2010 . Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 first four years after the transfer (1999 to 2003) the Joint Board reviewed and formally approved the budget before it was submitted to the Regional Treasurer for inclusion in the Region's normal budget process. In 2004, the Joint Board did not approve the budget, but Regional Council subsequently reviewed and approved it in the normal manner. Every budget since 2004 has proceeded through the Region's normal budget process. Original revenue sharing arrangement created a Regional tax burden The Intermunicipal Agreement in York Region contains a unique revenue sharing model which shares GROSS revenue rather than NET revenue. This means that the payments made to partner municipalities have no relationship to the actual operating costs of the program. Although the program has created a modest surplus in every year of operation, that surplus is not sufficient to cover the payments made to partner municipalities and a tax burden is therefore created. In 2004, Regional Council approved a budget that capped the payments to the local municipalities at a total of $2.9 M per year. That cap has remained in place in all subsequent years, including the 2009 budget approved by Council. An independent review was conducted on behalf of all ten municipalities In 2005, PSTG Consulting Inc. was engaged to review the efficiency of the POA court, operation in York Region and make recommendations for fixture management of the program. The review was steered by a committee representing the CAOs of the nine local municipalities and the Region. The final report was completed in January 2006 and contained the following key recommendations: 1. That the revenue distribution model be changed and revenue distribution he capped until such time as the operating deficit is eliminated. 2. Joint Board to be replaced by a broader advisory group of stakeholders (no budget approval powers) with operating responsibility vested in the Region. 3. Pursue a number of prosecutorial efficiencies; improve outstanding fine collection and agree on performance indicators for measuring progress. The Independent review of consultants' recommendations have been largely implemented While the vast majority of recommendations have been implemented there were two principle areas to be addressed; governance and revenue sharing. During the review by PSTG, the CAOs determined that to address the governance issues the Joint Board should first suspend its activities pending final recommendations. The last Joint Board meeting took place on October 27, 2006 and the first meeting of the new Stakeholder Group was held on October 10, 2007. There have been five meetings to date. _27_ Council Meeting Agenda Item 1 - 14 Tuesday, December 14, 2010 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 The current revenue sharing arrangement (as described in the Intermunicipal Agreement) has been capped at $2.9M per year since 2004. Since that time, efforts have been made to improve upon the efficiency of court administration to further reduce the operating deficit for this program. In 2008 (the last full year for which actual costs are available), the operating costs for POA Courts in York Region was $8.448 M. Revenues were $9.164 M, leaving a modest surplus of $716,000. After distributing $2.9M of gross revenues to local municipalities, the program operated with a $2.2M deficit. Three options were considered to replace the current model of revenue distribution The three options considered for revenue distribution include: I. Distribute only the net revenue ($716,000. in 2008). ii. Maintain the status quo ($2.9 M capped — an amount currently -in the Regional base budget). iii. Distribute the amount provided for in the current agreement ($4.3 M in 2008 — this would require a tax levy increase of $1.4 M). In addition, the alternative of replacing the revenue distribution to local municipalities with a one time adjustment of proportional tax billings was proposed. This would maintain the revenue source that municipalities had become accustomed to and relied upon, in part, to offset bylaw enforcement costs. Local municipal staff favour an increase from $2.9 M to $4.3 M (per the agreement) in 2010 with the amount then transferred from the Regional portion of the tax bill to the local municipal portion in 2011 Consultation with all local municipal staff has resulted in a further option. The suggestion is that the revenue distribution from POA Courts be adjusted in 2010 to better reflect the amounts in the original agreement. Relying on the last year for which actual figures are available (2008), the amount would increase from $2.9 M to $4.3 M. The amount would be distributed in proportion to the overall assessment as set out in the Financial Implications of this report. The additional amount ($4.3 - $2.9 = $lA M) was not considered in the preliminary Regional tax levy budget for 2010 presented to Council on October 22, 2009. The additional amount translates into a 2010 budget increase of $IAM or approximately 0.2%. It is further suggested that revenue distribution to local municipalities cease in 2011 and be replaced by a transfer of $4.3 M from the Regional portion of the tax roll to the local municipal portion. This would conclude an era of annual- deficits in the operation of POA Courts and restore a more typical program funding outlook. This action would require a clear communication plan to outline the "zero net" tax levy implications in 2011. -28- Council Meeting Agenda Item 1 - 15 Tuesday, December 14, 2010 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 It is further recommended that the existing Intermunicipal Agreement be replaced to give effect to the changes in revenue distribution It is recommended that the Intermunicipal Agreement be amended to reflect the following changes: i. The distribution of revenue to local municipalities (beyond these revenues resulting from their own prosecutions) cease in 2011 and be offset with a one-time adjustment to tax levy billings, reallocating $4.3 M from the Regional billing to the local municipal billings in proportion to their overall assessed value. ii. The Joint Management Board and its governance responsibilities be deleted from the agreement and role of the POA Stakeholder Group be reaffirmed and continued. The revised agreement will require execution by all ton municipalities. Upon confirming the authorization of all nine local Councils to execute the amended agreement, the increased 2010 revenue distribution can be confirmed. Relationship to Vision 2026 Administration of the POA Courts in York Region addresses two of the Vision 2026 goals: L Infrastructure for a growing Region The caseload of Court Services has doubled since the program was downloaded from the Province in 1999. Regional Council has made significant investments in the administration of justice by adding further courtrooms, support staff and other resources. A safe community continues to be high on residents' priorities according to surveys. ii. Engaged communities and a responsive Region The Region's Court Services Branch continuously responds to the emerging community needs of the nine local municipalities by providing the court resources needed to handle a wide range of regulatory issues (including road traffic, environmental safety, community health, building code, fire code, etc.). 5. FINANCIAL IMPLICATIONS A now revenue sharing arrangement is proposed A new arrangement is now proposed wherein the Region will remain fully responsible for all costs of the program and will, after 2010, retain the net revenue after costs are covered. It is proposed that only the revenue directly related to prosecuting local municipal charges will be transferred to the applicable local municipality -29- Council Meeting Agenda Item 1 - 16 Tuesday, December 14, 2010 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 In order to replace the lost revenue source for local municipalities an arrangement has been developed to adjust tax rates between the two tiers in 2011. 1n effect, the two municipal levels would excbange tax room by restating the 2010 tax rates to reflect a lower tax rate for the Region and a higher rate for the local municipalities. This would result in higher tax revenues for the local municipalities to offset the loss of revenue from POA payments. Table 1 illustrates the impacts of this transfer. TABLE 1 2010 POA Revenue Distribution 2008 Regional % of total Proposed 2009 Funding Difference Taxation Assessment 2010 funding Aurora 33,679,121 4.82% 209,641 141,500 68,141 East Gwiilimbury 14,092,490 2.02% 86,940 58,006 27,934 Georgina 21,246,380 3.04% 128,910 87,009 41,901 King 17,788,665 2.55% 106,944 73,533 35,411 Markham 195,308,170 27.96% 1,208,801 $15,893 392,908 Newmarket 45,434,150 6.50% 280,390 189,252 91,138 Richmond Hill 125,568,033 17.97% 775,629 523,619 252,110 Vaughan 222,440,853 31.83% 1,393,268 940,401 452,867 Whitchurch-StouflMlle 23,223,148 3.32% 148,876 100,486 48,391 Total 698,781,000 100.00% 4,340,399 2,929,598 1,410,801 'In 2011, the Region would reduce its tax rate by approximately 0.003202% to reflect that it no longer shared the POA revenues and each municipality would increase their rate by the same amount. This could be done either after all tax rates have been established or before. 6. LOCAL MUNICIPAL IMPACT The Joint Board of Management which formerly was in place has been disbanded since 2005. Since that time, day-to-day operations have been managed within the Regional organization structure. The issues and needs of local municipalities are addressed through the Stakeholder Group. Stakeholder consultation meetings have already proven effective to convey improvements requested in the program administration: Participation in the group gives local bylaw enforcement staff the added benefit of consultation with Police and other Provincial Offences officers. -30- Council Meeting Agenda Item 1 - 17 Tuesday, December 14, 2010 Report No. 8 of the Finance and Administration Committee Regional Council Meeting of November 19, 2009 7. CONCLUSION The proposed change in the governance model is consistent with conventional governance models and practices across the Province in addressing accountability for the program and provides a clear understanding of day-to-day management and business planning. The model also ensures that stakeholders are consulted and their needs are taken into account on matters which affect them. The Senior Management Group has reviewed this report. -31- Council Meeting Agenda Tuesday, December 14, 2010 Item 2 - 1 TOWN OF AURORA AUI[ 0- COUNCIL REPORT No. BBS10-014 SUBJECT: Request for Sign Variance — 669 Wellington St. East Aurora Toyota FROM: Techa van Leeuwen, Director of Building and Bylaw Services DATE:' December 14, 2010 RECOMMENDATIONS THAT Council receive Report No. BBS10-014; and THAT Council approve an increase to the maximum permitted sign area of the existing ground sign located at 669 Wellington St. East, to 3.3m2 whereas the Sign Bylaw requires a maximum of 2.2m2. PURPOSE OF THE REPORT To request a variance to Sign Bylaw 4898-07P, as amended. BACKGROUND A Sign Bylaw variance application dated September 2, 2010 was received by Building and By - Law Services from Permit World on behalf of Aurora Toyota for a sign variance to the existing ground sign at 669 Wellington St. East. The existing sign is located in an Environmental Protection Zones (EP zone) and at the time of construction required a Committee of Adjustment variance to permit a structure in the EP zone. A variance was granted on October 11, 2007 and subsequently a building permit was issued November 8, 2007 for the erection of a ground sign structure with a sign area of 2.16m2. The original sign did comply with the provisions of the sign bylaw. COMMENTS The property is located at the south west corner of Bayview Ave and Wellington St. East and is somewhat unique in that it is bounded by three distinctive zoning designations being Service Commercial (C3-15) Exception zone, Environmental Protection (EP-15) Exception Zone and Major Open Space (0-18) Exception Zone. The location of the building and a portion of the parking are within the limits of the C3-15 Service Commercial Zone with additional. parking located on the Open Space zone. There are two ground signs on the site; the sign at the corner of Wellington St East and Bayview Ave. being the subject of this variance and the other at the entrance to the dealership off -32- Council Meeting Agenda Tuesday, December 14, 2010 Item 2 - 2 December14 2010 -2- Report No. BBS10-014 Bayview Ave. At the time of construction the ground sign at the corner of Wellington Ave East and Bayview Ave received a minor variance from the Zoning Bylaw to permit the erection of a structure within an Environmental Protection Zone. The surrounding areas include open space and residential to the south, open space to the east and a commercial development on the north west corner of Bayview Ave and Wellington St East. As the existing sign is located in an Environmental Protection Zone; the sign area is restricted to a maximum of 2.2m2 whereas if the sign structure had been located in the adjacent commercial zone the sign would be allowed a maximum sign area of 10m2. Although the sign is located in an EP zone it supports and advertises a commercial development. Further this variance will not add to the structure or increase the footprint of the sign. The area of signage is calculated using the area of the wording, logo or graphic display but excludes the area of the structure. The sign area is the sum of the area containing the Toyota logo, the word TOYOTA and the Scion name and logo. The existing sign currently displays only the Toyota logo and the word TOYOTA. Since the opening of Aurora Toyota in the fall of 2007, a new car model has been introduced. Aurora Toyota is seeking approval of the additional sign area to attract clientele for the new model and future business. The new model creates a new logo for Toyota and theywould prefer adding the logo to their existing ground signs rather than to the building elevation as part of their corporate identity plan. The proposed additional signs are proportional to the rest of the sign and blend with the architectural style of the ground sign. No new impacts to the surrounding area or environmental protection zone have been identified. Staff has reviewed the request and identified the following area of non compliance with the sign bylaw: Variance required for an increase in the sign area beyond the maximum permitted under the Sign Bylaw: 1. Ground signs in an Environmental Protection Zone are permitted a maximum sign area of 2.2 m2. This proposal is to increase the sign area by 1.14m2 for a total of 3.3m2. ALTERNATIVE(S) TO THE RECOMENDATIONS 1. Council could deny the requested variance and impose the requirements of the Sign Bylaw. FINANCIAL IMPLICATIONS NIL -33- Council Meeting Agenda Item 2 - 3 Tuesday, December 14, 2010 December14, 2010 - 3 - Report No. BBS10-014 CONCLUSIONS For reasons outlined in this report staff is recommending that Council approve the requested variances to allow for the increased sign area to a maximum of 3.3 m2. ATTACHMENTS Attachment #1 — Site Plan. Attachment #2 — Elevations PRE -SUBMISSION REVIEW Executive Leadership Team — December 14, 2010 Prepared by: Dale Robson, Manager of Code Review and Inspections- Ext. 4319 T. a wen. Director of Building and Bylaw Services Neil Garbe Chief Administrative Officer -34- 'Council Meeting Agenda Tuesday, December 14, 2010 Item 2 - 4 December14, 2010 - 4 - Report No. BBS10-014 . 0 D o Hydro Corridor x ^� — z 2 .... Z� A z N � � f ,rw ���_ o -q Z w gq }> c (�' W m � O r_ v e4 Ill 00 . '2 � Cra g O zs .- °b, em cm w\ a 8AYVIEyyAVENUE C .a Jqj v �c Site Plan - 35 Council Meeting Agenda Item 2 - 5 Tuesday, December 14, 2010 ATTACHMENT-2 December14,2010 Report No. BBSI0-014 1.36m2 Existing O.81rn2 Existing NEW 1.14m2 -36- Council Meeting Agenda Tuesday, December 14, 2010 Item 3 - 1 r TOWN OF AURORA AU1ZoRA. COUNCIL REPORT No. BBS10-015 SUBJECT: Animal Control Services Contract Extension (OSPCA) FROM: Techa van Leeuwen, Director Building & By-law Services DATE: December 14t". 2010 RECOMMENDATIONS THAT Council receive Report No. BBS10-015; and THAT Council exercise the extension option.in the current agreement between the Town of Aurora and the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) fora period of one (1) yearfrom January 1st to Decomber315; 2011 subject to the terms of the amended agreement at a cost of $191,387 plus CPL PURPOSE OF THE REPORT To seek Council's approval to exercise the extension option in the current Animal Control Services agreement for a period of one (1) year between the Town and the OSPCA. BACKGROUND On October 17", 2007 the Town of Aurora issued a Request for Proposal (RFP) for the provision of animal control and shelter services. At the meeting of December 4M 2007 General Committee recommended: The agreement was executed on January 2"d, 2008 and it expires on December 31 st, 2010. COMMENTS The OSPCA has been the towns animal control provider since January 2, 2008; they also provide animal control services for the Town of Markham and the Town of Richmond Hill. The current mandatory service provisions within the agreement require -37- Council Meeting Agenda Tuesday, December 14, 2010 Item 3 - 2 December 14th, 2010 -2. Report No. BBS10-015 the OSPCA to provide daily patrol services in order to pick up any stray dogs or cats and respond to any complaints from residents about pets running at large. The mandatory service also requires the shelter be open six (6) days a week to provide pet owners the opportunity to pick their impounded pets. By-law Services staff has consulted with the management from the OSPCA and both parties have agreed on amendments to the existing provisions of the agreement to enhance the animal control services provided to the Town. The proposed enhancements to the agreement are as follows: 1- The OSPCA will provide patrol services 40 hours a week based on a rotating schedule mutually agreed upon by both parties, this will include enforcement on Saturday and Sunday's which currently does not occur. 2- The definition of 24 hour emergency service will now include calls for dogs at or found running at large. 3- Hold times are reduced to five (5) days for dogs and cats in accordance with the Animal Control By-laws before the animal enter the OSPCA adoption program. 4- The OSPCA will provide the town with monthly activity reports for animal control and shelter services. OSPCA has made significant operational changes to its organization and upgrades to its Woodbine Avenue facility. The operational changes are designed to improve, modernize and streamline all OSPCA services including its animal control services provided to municipalities. The facility upgrades are. a result of recommendations made by experts following the ringworm outbreak of this past year and are designed to prevent future outbreaks. Staff has reviewed the changes to the organization and toured the shelter facility and is satisfied with the changes and work that has occurred to date. By -Law Services staff has also reviewed possible alternative animal control service providers within the region, this review has indicated that no other service providers are located with close proximity to Aurora. These service providers are also not able to provide both animal control and shelter services under one operation and multiple agreements would be required. The resources, location and facility operated by the OSPCA coupled with the organizational changes and enhanced service makes OSPCA the most viable option for the Town's animal control service for the next year. Exercising the extension provisions of the agreement for one year provides staff with the opportunity to assess the service OSPCA provides to the Town under the new regime and also allows staff to consider other options more comprehensively. Staff will bring forward a report in the fall of 2011 outlining options and a preferred recommendation. -38- Council Meeting Agenda Item 3 - 3 Tuesday, December 14, 2010 December leh, 2010 .3- Report No. BBS10-015 ALTERNATIVE($) TO THE_RECOMENDATIONS 1. Council may request the Request for Proposal (RFP) process be initiated to locate other possible service providers. The initiation. of the RFP process will still require the extension of the current agreement with the OSPCA until the service contract is awarded. FINANCIAL IMPLICATIONS Animal Control Services will be provided by the OSPCA to the town at a cost of $191,387 which is the same cost as 2010. The draft animal control services operating budget for 2011 has allocated $192,000 for these services. CONCLUSIONS Staff is supporting the one (1) year extension of the service agreement with the OSPCA. The OSPCA has demonstrated their ability to provide the mandatory.services and non - mandatory services required under the agreement. The OSPCA physical location, resources, facility and service capabilities make them an ideal service provider for the residents of Aurora. ATTACHMENTS None PRE -SUBMISSION REVIEW Executive Leadership Team Meeting— December 1". 2010 Prepared by, Jon Popple, Manager, By-law Services Techa van Leeuwen, Director of Building & By-law Services Neil Garbe Chief Administrative Officer WPM Council Meeting Agenda Tuesday, December 14, 2010 Item 4-1 TOWN OF AURORA AURORA. COUNCIL REPORT No. CFS70-035 SUBJECT: 2010 Surplus/Deficit Control FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: December 14, 2010 RECOMMENDATIONS THAT report CFS10-035 be received, and, THAT By-law Number 5287-10 be adopted to authorize the Treasurer and the Chief Administrative Officer to make necessary year=end adjustments and to allocate any 2010 Operating Fund surplus in the following order of priority: i. Any unspent funds allocated in the 2010 Budget for suggested expenditures be returned to the respective original reserve and reserve fund sources: Accessibility Reserve, Arts and Cultural Reserve Fund, Building Department Fees Reserve, Election Reserve Fund, Engineering Fees Reserve Fund, Landscape Fee Reserve, Parks Development and Facilities Development Charges Reserve Fund, Storm Sewers Reserve Fund, Water & Sewer Reserve Fund, and WSIB Reserve Fund; A That any net Building Permit revenue surplus/deficit be allocated to/funded from the Building Department Fees Reserve; iii. Up to a maximum of the first $100,000.00 of any remaining surplus be retained for 2011 Budget funding, subject to Council's 2011 budget deliberations; iv. Up to a maximum of $275,000.00 of any then remaining surplus be allocated to the Tax Rate Stabilization Reserve Fund to assist with stabilizing tax rates in future years which may experience fluctuations due to significant changes in service levels or municipal costs, or changes in expected revenues; v. That the then remainder of anysurplus maybe allocated to budget carry - forward items, being Council approved projects or initiatives funded in the Operating Fund in the subject year, but not started by year end; and vi. That the remainder of any surplus be allocated to the Municipal Capital Reserve; -40- Council Meeting Agenda Tuesday, December 14, 2010 Item 4 - 2 December 14, 2010 - 2 - Report No. CFS70-035 THAT the provisions made within By-law Number5287-10 be adopted to authorize the Treasurer and the Chief Administrative Officer to allocate any 2010 surplus or alternatively fund any deficit in the Water, Wastewater, Stormwater, or Pumping Station budgets to or from the appropriate related reserve accounts; and, THAT the Treasurer and Chief Administrative Officer report to Council through General Committee after the year end surplus/deficit control adjustments and allocations have been performed. PURPOSE OF THE REPORT To propose a surplus control by -lave for the 2010 yearend, similar to the one used in 2009. This report is now an annual report to General CommitteelCouncil prior to year end. BACKGROU Surplus Control Surpluses and deficits created by operating results must carry into the following budget years as set out in subsection 290(4) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter the "Municipal Act'). The Town normally includes the disposition of prior year surpluses as part of its annual budget process, including them in the next year's budget as the Municipal Act states must be done. This approach is not always effective, as actual results may not be known at the time of setting such budgets. Any variance in results from those budgeted give rise to challenging budget, accounting, communication and reporting issues. To manage the unpredictable impacts that such carry-overs could have on long range tax rates and budget pressures, the Town should control the year-end surplus amounts by making specific allocations to reserves and reserve funds. Any such allocation must be authorized before the end of the fiscal year. Since the final results of the calendar year are not known for some time until after the close of the year, a formula approach to surplus allocations is necessary, followed by a detailed report back to Council. Today's report and by-law will set this budget control approach in place. A number of municipalities utilize the same approach as it results in separating the disposition of surpluses of one yearfrom the following year's budget process. It simplifies both the budget process, and the year end reporting process, and assists with transparency to the community. Budget Carry -Forwards A Budget Carry -Forward is a technique to move unused Operating Budget funding for a specific project or initiative from one year into the next budget year, without the process of formally budgeting the item a second time. For example, the use of a budget carry -forward -41- Council Meeting Agenda Tuesday, December 14, 2010 Item 4 - 3 December 14, 2010 .3 - Report No. CFS10-036 would be applicable if a major economic development initiative funded in one year as a special project in the operating budget did not get started by year end, and it was the intent to complete the project in the following year. Council could separately approve a budget carry -forward for this item, allocating budget dollars from the old year into the new -year, despite having already approved the new budget. Any budget carry -forwards must be approved first by the Treasurer, followed py Council. Council would approve any such carry -forwards as part of the report from the Treasurer and CAO on the allocation of the surplus as required of the surplus control by-law of today's report. FINANCIAL IMPLICATIONS Forecasted Operating Results Departments were asked to forecast their December 31, 2010 expected results based or actual account results to August 31, 2010. If no surplus control measures are introduced, the Town can anticipate a surplus of about $1,750,000 on the 2010 balanced budget of $42,617,700 of expenditures as reported in detail in a separate report. 2010 Surplus Control The 2010 Operating results appear to be headed for a surplus. The Municipal Act requires any surplus or deficit to be carried forward into the following year's budget, unless otherwise controlled as proposed in this report. a) Operating Surplus If a surplus in Operating results for 2010 is recognized, the following allocations are recommended: i) Any unexpended portions of the 2010 Operating Budget funding allocations . provided from Reserves and Reserve Funds for specific expenditures be returned to their sources. The 2010 budget funding allocations from Reserves and Reserve Funds were as follows: -42- Council Meeting Agenda Tuesday, December 14, 2010 Item 4 - 4 December 14, 2010 -4- Report No. CFS10-036 Reserves & Reserve Funds 2010 Budget Allocation Accessibility $35,000 Arts and Cultural 10,000 Building Department Fees 528,700 Election 175,000 Engineering Fees 25,100 Landscape Fee 65,092 Parks Development & Facilities Development Charge 140,201 Storm Sewer 61,000 Water & Sewer 105;000 WSIB 60,000 ii) As part of the cost justification exercise of Building Permit fees completed previously and as required for Bill 124, a Building Department Reserve Fund was established in which provisions for potential recessionary years may be made. Any surplus in these activities is required by legislation to be allocated to the Building Department Reserve Fund and any deficit funded from this source. The 2010 Budget included a $528,700 draw to fund budgeted permit revenue shortfalls due to the economic downturn. iii) Occasionally, the Town has relied upon prior year surpluses to fund a small portion or initiative of the following year in its budgets. As 2011 is anticipated to be a difficult budget year, staff are recommending that the surplus control by-law provide for "up to $100,000.00 of any remaining surplus" be allowed to be carried into the 2011 budget as a funding source. During budget deliberations, should Council wish to rely more heavily on the 2010 Surplus, it would need to draw on a different source for any excess over this $100,000. iv) It is wise for a municipality to maintain reserves specifically intended to stabilize or cushion the annual tax rates from significant one-time or temporary pressures. Such pressures could. include the impacts from significant new service or facility costs, market conditions affecting revenues, or other factors. Staff recommend transferring up to a maximum of approximately 1 % of tax revenue annually to such anew reserve, until such time as that reserve has a balance of approximately 10% of annual tax revenue, a benchmark used by many municipalities. For 2010, 1 % of tax revenue equates to $275,000.00. v) Any remainder of surplus to be allocated to Council approved carry -forwards to 2011, if. any. 140 Council Meeting Agenda Tuesday, December 14, 2010 Item 4 - 5 December 14, 2010 - 5 - Report No. CFS10-035 vi) Any remaining surplus thereafter be transferred to the Municipal Capital Reserve Fund. b) Water, Wastewater, Stormwater and Pumping Stations Budgets It is recommended that any surplus or deficit in these budgets be allocated to or funded from the appropriate related reserve fund. This will assist in meeting the requirements of Bill 175 of full provision for replacement of water and wastewater infrastructure. ALTERNATIVES TO THE RECOMENDATIONS 1. Council could choose not to approve the Surplus/Deficit Control By-law and address any year end results byway of budget amendment following early budget approval. 2. Council could direct staff to return to the process of past years of making informed estimates of year end positions, and making surplus allocations as part of the following budget approval process. Council could adopt a higher or lower amount than $100,000.00 for advancing surplus to the following year's budget. 4. Council could approve a different amount than the $275,000.00 proposed transfer to the Tax Rate Stabilization Reserve Fund. CONCLUSIONS Staff are recommending that By-law Number 5287-10 be adopted that will authorize the Director of Corporate & Financial Services —Treasurer and the Chief Administrative Officer to control the 2010 Operating Fund surplus and the surpluses or deficits in the Water, Wastewater, Stormwater and Pumping Station budgets by giving them authorization to make adjustments and allocate surplus funds as itemized in this report. Not doing so will cause all fund surpluses or deficits to be carried forward into the 2011 budgets, which will require formal budget amendments to address their disposition. As part of the year-end procedures, staff will report back to General Committee as to the actual year-end results and the final surplus allocations made for 2010. -44- Council Meeting Agenda Tuesday, December 14, 2010 Item 4 - 6 December 14, 2010 - 6 - Report No. CFS10-035 ATTACHMENTS By-law Number 5287-10 as drafted by staff for adoption has been included in the by-laws portion of this meeting's agenda. PRE -SUBMISSION REVIEW Executive Leadership Team meeting, December 1, 2010 Prepared by. Dan Elliott, Director of Corporate & Financial Services — Treasurer -Ext. 4772 DWY-Elliott, C.A. Director of Corporate and Financial Services - Treasurer 6 Neil Garbe Chief Administrative Officer -45- Council Meeting Agenda Tuesday, December 14, 2010 Items-1 TOWN OF AURORA AUR RRA►. COUNCIL REPORT No. CFS90-036 SUBJECT: Renewal of External Auditor Contract FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: December 14, 2010 RECOMMENDATIONS THAT report CFS10-036 be received, and, THAT the expired three year appointment of Grant Thornton, LLP as the Town's auditor be extended for an additional two year period, to provide external audit services for the operating year ends December 31, 2010 and 2011. PURPOSE OF THE REPORT To extend the auditor's appointment to now include auditing of the Town's 2010 and 2011 year end financial statements. BACKGROUND During 2007, the Town partnered with the Town of Whitchurch-Stouffville and issued a joint Request for Proposals {RFP} for external audit services. The call was for a three yearterm with options to renew for a further two years. The contract was awarded to Grant Thornton LLP for a period of three years. Whitchurch--Stouffville has already extended their contract for an additional two years utilizing administrative delegated authority contained within their original approval language. Aurora's original approval did not refer to extension periods. Section 296 of the MunicipalAct, 2001, S.O.2001, c. 25 as amended, addresses the roles and responsibilities of a municipal auditor, their qualifications and their reporting relationships. This section states that a municipal auditor may not be appointed for terms which exceed five years. COMMENTS Grant Thornton have been the Town's auditor for three years. The last three years resulted from a formal RFP process. They have performed their audits professionally and promptly when possible. They have assisted staff with guidance and advice as we transitioned to the accounting for our tangible capital assets. These were audited and reported upon for the first time at the December 31, 2009 year end. Their appointment by the Town extends to include them auditing the books and records of the Library. -46- Council Meeting Agenda Tuesday, December 14, 2010 Item 5 - 2 December 14, 2010 .2. Report No. CFS10-036 Since the completion of the year end audit, staff missed the opportunity to issue an RFP for audit services for 2010. Accordingly, staff have approached Grant Thornton and requested a quotation for services for the 2010 and 2011 years. Their quotation for 2010 is as follows: 2007-2009 - per quote Less: 5% group discount Add: 5% increase for 2010 (rounded) Extra billing - new requirements since RFP - segment reporting - capital assets TOWN LIBRARY 54,000 5,000 (2,700) (250) 51,300 4,750 2,700 250 54,000 5,000 2,000 . - 2,000 500 58,000 5,500 For the Town share, the 2007 through 2009 original quotation was $51,300, but was increased as the additional. reporting requirements came on-line in 2008 and 2009 year ends. For 2010, they have increased their fee for the first time since the original quotation by $2,700 or approximately 5%. They have advised in writing that the fee for 2011 would be further increased by 3%. Staff of both the Town of Aurora and the Town of Whitchurch- Stouffville believe the quotations provided for 2010 and 2011 represent fair value for the services provided. Given the short timing available to issue a full RFP, the favourable quotation, and the positive track record of services this firm has offered the Town in the past, staff recommend renewing Grant Thornton as the Town's auditor for a further two year period, to report on the Town's 2010 and 2011 year end consolidated financial statements. Staff intend to issue an RFP for audit services during 2012 in conjunction with Whitchurch- Stouffville and will report upon same to the appropriate committee of Council at that time. FINANCIAL IMPLICATIONS The 2010 annual budget provides funding i services and any ancillary services provided their portion of the audit separately. n the amount of $72,000 for external audit by the external auditor. The Library funds -47- Council Meeting Agenda Tuesday, December 14, 2010 Item 5 - 3 December 14, 2010 - 3 - Report No. CFS10-036 ALTERNATIVE(S) TO THE RECOMMENDATIONS 1. Ask staff to issue an RFP for audit services for the December 31, 2010 year end financial statements, although this would delay the delivery of 2010 audited financial statements. 2. Renew the existing services agreement for only one additional year and issue an RFP during 2011 without the other municipality's participation or buying power. CONCLUSIONS Staff recommend a two year extension renewal of the external auditors services contract with Grant Thornton, LLP, to provide audit services for the financial statements for the 2010 and 2011 year ends. ATTACHMENTS None PRE -SUBMISSION REVIEW Management Team Meeting - Wednesday, December 1, 2010 Prepared by. "Dan Elliott, Director of Corporate & Financial Services — Treasurer Ext, 4772 L Dan Elliott, C.A. Director of Corporate & Financial Services - Treasurer I:q Neil Garbe Chief Administrative Officer Im Council Meeting Agenda Item 6 - 1 Tuesday, December 14, 2010 TOWN OF AURORA AURQRA COUNCIL REPORT No. CFS10-038 SUBJECT: 2010 Report on Corporate Financing Leases FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: December 14, 2010 RECOMMENDATIONS THAT report CFS10438 be received for information. PURPOSE OF THE REPORT To fulfil the obligation under the Town's Corporate Financing Leases Procedure which requires an annual report on the status of Financial Leases to be presented to Council. BACKGROUND Ontario Regulation 653/05, as amended, to the Municipal Act 2001, S.O. 2001 o.25, as amended, requires that a municipality have a Policy in place regarding all Financial Leases for Municipal Capital Facilities. In February of 2003, Council adopted Administrative Procedure No. 60, a Corporate Financing Lease Policy. One of the requirements under that Policy is an annual report to Council providing: • A description of the estimated proportion of the total financing arrangements of the municipality that is undertaken through Financing Leases to the total long-term debt of the municipality; • A description of the change, if any, in that estimated proportion since the previous year's report; • A statement by the Treasurer as to whether, in his/her opinion, all Financing Leases were made in accordance with this policy; and • Any other information that may be requested by Council or that, in the opinion of the Treasurer, should be recorded. In 2010, the Town has no Material or Non -Material lease agreements in place for the acquisition or Town use of any Capital Facility. This represents no change from 2009. Council Meeting Agenda Tuesday, December 14, 2010 Item 6 - 2 December 14, 2010 - 2 - Report No. CFS10-038 FINANCIAL IMPLICATIONS There are no financial implications under this report. ALTERNATIVE(S) TO RECOMENDATIONS Not applicable -- report is for information only to meet a reporting requirement. CONCLUSIONS This report satisfies the reporting requirement underthe Corporate Financing Lease Policy. ATTACHMENTS None PRE -SUBMISSION REVIEW Management Team Meeting - Wednesday, December 1, 2010 Prepared by. Wayne Church, Manager of Financial Planning/Deputy Treasurer -Ext. 4145 an Elliott, C.A. Director of Corporate & Financial Services - Treasurer V- 0 Neil Garbe Chief Administrative Officer -50- Council Meeting Agenda Tuesday, December 14, 2010 Item 7 - 1 / TOWN OF AURORA AUR_4JRA. COUNCIL REPORT No. CFS10-041 SUBJECT: 2011 Interim Tax Levy FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: December 14, 2010 RECOMMENDATIONS THAT report CFS10-041 be received, and, THAT By-law No, 5293-10 be adopted to authorize the levying of interim tax amounts on all rateable properties and to establish installment due dates. PURPOSE OF THE REPORT To authorize the levying of interim tax amounts for 2011 and adopting the necessary by- law in accordance with Section 317 of the Municipal Act, 2001, S.O. 2001, c. 25 'as. amended. BACKGROUND Section 317 of Municipal Act, 2001, allows a municipality to levy an interim tax amount on all rateable property prior to the adoption of final budgets for each tax year. The maximum allowable interim levy is 50% of the prior year annualized total taxes. Interim tax levies for properties added to the assessment roll for 2011, which do not have prior yeartaxes, will be calculated using 50% of the 2010 tax rates. Bill 140, The Continued Protection for Property Taxpayers Act, 2000 mandates municipalities to issue 2011 interim property tax bills based on 50% of the total 2010 final property taxes levied on a properly by property basis. Consistent with prior year's interim property tax levies, it is recommended that the 2011 Interim Property Tax Levy be due in two instalments as follows: First installment Tuesday, February 22, 2011 Second installment Monday, April 25 2011 Due dates are normally set to allow for four (4) business days to ensure that all payments have been processed priorto the application of interest charges on properlytaxes pastdue on the first business day of each month. This gives those ratepayers on fixed incomes an -51- Council Meeting Agenda Tuesday, December 14, 2010 Item 7 - 2 December 14, 2010 - 2 - Report No. CFS10-041 unofficial grace period to make their payments without incurring interest charges on or before the last day of the month. The Municipal Act, 2001 has given the Treasurer the authority to apply a partial paymentto an account in a manner different from the legislated payment application rules, upon the request of the taxpayer. Despite this flexibility it is recommended that all payments be applied on a consistent basis in order to ensure fair and consistent treatment for all taxpayers. Accordingly, the by-law speaks to consistent payment application rules. The by-law also includes a provision to authorize the Treasurer to adjust the interim tax amount levy for the property if it is too high or low in relation to the estimated taxes for the year. This can occur when a property is severed for the current year thereby significantly reducing the returned assessment for that year. Levying 50% of the prior year taxes in these cases often results in the interim levy being much higher than 50% of the estimated taxes for the year. Such adjustments are permitted under Subsection 317(9). FINANCIAL IMPLICATIONS The interim levy is required to provide the necessary cash flow to meet the obligations of the Town including interim payments to the Region of York and School Boards until the final tax rates can be set and the final tax notices prepared in June of 2011. ALTERNATIVE(S) TO THE RECOMMENDATIONS 1. There are no practical alternatives to the recommendations contained in this report. The interim levy provides cash flow, avoiding the need for borrowing. CONCLUSION In order to provide the necessary cash flow requirements forthe Town, Region and School Boards, the interim tax levy should be calculated, billed and collected as set out in this report. ATTACHMENTS By -Law 5293-10 as drafted by staff for adoption has been included in the by-laws portion of this meeting's agenda. PRE -SUBMISSION REVIEW Management Team Meeting -Wednesday, December 1, 2010 -52- Council Meeting Agenda Tuesday, December 14, 2010 Item 7 - 3 December 14, 2010 - 3 - Report No. CFS10-041 Preparedby: PaulDi11man, ManagerofAccounting andRevenues, Deputy Treasurer Ext. 4112 Dan lott, C.A. Neil Garbe Director of Corporate & Financial Chief Administrative Officer Services - Treasurer -53- Council Meeting Agenda Tuesday, December 14, 2010 Item a - 1 i- TOWN OF AURORA AURORA COUNCIL REPORT No. CFSIO-042 SUBJECT: Release of contingent funding from the 2010 operating budget. FROM: Dan Elliott, Director of Corporate & Financial Services - Treasurer DATE: December 14, 2010 RECOMMENDATIONS THAT report CFS10-042 be received; and, THAT an additional transfer of $24,400 of operational grant funding to the Aurora Public Library Board be authorized, funded from the Town's Working Capital Reserve, account number 3-4-90001-8005; and, THATan additional draw from reserve funds in the amountof$207,600 be approved to fund contract and wage settlements previously approved for the Town's union and non -union staff groups, funded from the Town's Working Capital Reserve, . account number 3-4-90001-8005, PURPOSE OF THE REPORT With the approval of Council, contingency funding was identified in the 2010 operating budget to address contract and wage settlements for both the Town and the Library, as both CUPE agreements were due for negotiation during the year, and non -union wage settlements were yet to be determined. Those contracts and wage settlements have now been ratified by the Town, and also by the Library Board respecting the library staff. This report is required to now release these contingent funds to both the Library, and to the Town's operating budget to fund our approved labour commitments. BACKGROUND The CUPS collective agreements for both the Library union staff and the Town's outside union staff expired in 2010. Wage adjustments would naturally form part of the negotiations. As part of the budget and as part of the negotiation strategy, contingent funding was identified in the budget process to be accessed following ratification to fund settlements. Both the Library and the Town have ratified new COPE agreements and wage adjustments for non -union staff. The amounts budgeted for salaries and benefits for staff in both the Library budget and the Town budget were insufficient on their own to fund the settlements without accessing the contingent funding. Contingent funding, held in the Town's Working Capital Reserve account, in the amount of $24,400 for the Library and $207,600 for the -54- Council Meeting Agenda Tuesday, December 14, 2010 Item 8 - 2 December 14 2010 - 2 - Report No. CFS10-042 Town operating budget, now need to be transferred back from the reserve to the respective operating budgets. This entails an increase to the Library's operating grant approved in the 2010 budget. This subject transfer report was held until following the Library's recent ratification of their collective agreement to maintain full bargaining positions. Now that the labour agreements for both the Library and the Town have been ratified, these contingent funds need to be released and transferred into the operating budgets of both parties to fund these wage settlements in the current year. FINANCIAL IMPLICATIONS No direct financial implications, as the funding being released was approved as part of the 2010 budget. ALTERNATIVE(S) TO THE RECOMMENDATIONS No practical alternatives exist, as both parties have now ratified their respective collective agreements and adjustments for non -union staff. Funding needs to be formally provided to the respective operating budgets. CONCLUSIONS Both the Library Board and the Town require release of the approved contingent funding being held in the Town's Working Capital Reserve account. ATTACHMENTS M0 PRE -SUBMISSION REVIEW Management Team Meeting - Wednesday, December 1, 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 -55- Council Meeting Agenda Item 9 - 1 Tuesday, December 14, 2010 r TOWN OF AURORA AURORA COUNCIL REPORT No. CLS10-025 SUBJECT: 2011 Council and Committee Meeting Calendar FROM: John D. Leach, Director of Customer and Legislative Services/Clerk . DATE: December 14, 2010 RECOMMENDATIONS THAT report CLS10-025 be received, and THAT the 2011 Council and General Committee. Meeting Calendar attached hereto as Attachment 1 be approved. PURPOSE OF THE REPORT To establish dates for 2011 Council and General Committee meetings. BACKGROUND The calendar of Council and General Committee meetings has been prepared for 2011, and is based on the same format used in the previous years. In order to plan for the forthcoming meetings as well as provide notification to the public through various publications, it is necessary to establish a schedule of meetings for next year. COMMENTS A calendar of projected meeting dates for Council Meetings, Public Planning Meetings, and General Committee Meetings for 2011 is attached for Council's consideration. The proposed calendar generally maintains the practice for the regular meetings scheduled in the past in accordance with Council's Procedural By-law. The calendar does not include the meeting dates for the Advisory Committee meetings but does include the meetings of the Aurora Public Library Board and the Committee of Adjustment being statutory bodies and the Joint Council Committee. Once Council has made a determination on the Advisory Committees, the calendar will be updated to reflect those additions. -56- Council Meeting Agenda Tuesday,. December 14, 2010 Item 9 - 2 December 14 2010 - 2 - Report No. CLS10-025 ALTERNATIVE(S) TO THE RECOMENDATIONS The proposed meeting calendar is in keeping with Council's present meeting schedule and the Procedural By-law. Consideration of the proposed meeting calendar is entirely within Council's discretion. FINANCIAL IMPLICATIONS 1►C 11Ta CONCLUSIONS Council may wish to make changes to the meetings listed on the meeting calendar or approve as presented. ATTACHMENTS Attachment 1 - 2011 Meeting Calendar PRE -SUBMISSION REVIEW Executive Leadership Team — December 1, 2010 Prepared by; CindyJanzen, Manager of Legislative Services/Deputy Clerk ext. 4297.... . Customer &. Legislative Services Neil Garbe Chief Administrative Officer -57- Council Meeting Agenda Tuesday, December 14, 2010 ATTACHMENT Item 9 - 3 E E 0 01 ell" 31-- t as MOR-11 P Vitt ON it OD Wait m1w N. rq W E- 04 i-llt .t, rq .. ... U --- EF4,Lwziiz—i CL E Qj a Rt E 0 U Q CD (U MWEr OD in N5 mm: . ..... Fit w- F17 u ri of o E U z --Lmg U TEN it. itut, 0 Klii ux it u.z;: C)j fa ROM-TUf�ti t-t-- im- Ift ti;U rz:Zzo: ME MW En E E 0 U (D E B E O r E :03 U 0 vW U -58- Council Meeting Agenda Tuesday, December 14, 2010 Item 9 - 4 VNI V-4 0 N W. 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Ea, 0 L 'M IlJig IM 5W qj� kia.e.1 My. ro E E < E E_ E 13 W r L9 U, VOU n -69- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 1 r TOWN OF AURORA AuRKORA COUNCIL REPORT No. CLS10-026 SUBJECT: Statutory and Advisory Committees FROM: John D. Leach, Director of Customer and Legislative Services/Town Clerk DATE: December 14, 2010 RECOMMENDATIONS THAT report CLS10-026 be received; and THAT Council appoint three Members of Council to sit on the Joint Council Committee which oversees the operation of the Central York Fire Services, as the Town of Aurora's representatives on the Committee; and THAT staff be directed to advertise for applications to statutory boards and committees namely, the Aurora Public Library Board, the Committee ofAdjustment, and the Accessibility Advisory Committee; and THAT Council consider which advisory committees it wishes to reconstitute for the 2010-2014 term of office and provide any direction deemed appropriate. PURPOSE OF THE REPORT The purpose of this report is to seek direction from Council to advertise for applications from the public to be considered for appointment to sit on various statutory boards and other bodies for the 2010-2014 term. In addition, staff is seeking direction from Council respecting advisory committees to be reconstituted for this term. BACKGROUND Enclosed as Attachment 1 to this report is a listing of and the terms of reference for statutory and advisory committees that were in place during the last term of Council. Also included as Attachment 2 is a chart listing these various bodies and showing their composition. At the start of each term of Council, it has been the practice for Council to provide direction respecting which advisory committees may be disbanded and those that Council may wish to reconstitute following which staff would advertise to recruit members of the public who may be interested in making application to be appointed to those committees. Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 2 December 14, 2010 - 2 - Report No. CLS10-026 COMMENTS Council is obliged to make appointments to certain statutory bodies namely the Aurora Public Library Board, the Committee of Adjustment, and the Accessibility Advisory Committee. In addition Council is committed to make appointments to the Joint Council Committee. Previous Councils have appointed various advisory committees from time to time. As indicated above Attachment 1 lists the advisory committees that were operating during the last term of Council. The term of these committees runs with that of Council. Appointments have been for two years with an option for a two year renewal. Council may reconstitute any or all of these committees as it sees fit. Council has the option of disbanding certain committees and to have the staff of the particular functional area report.directly to General Committee (GC). In general, advisory committees are an additional layer in the decision making process as matters are initially considered by the advisory committee who make recommendations to GC which then makes recommendations to Council. While this may provide forvaluable citizen input and expertise it may be confusing to the public and could be seen as being less democratic and accountable. As members of Council also sit on these committees it adds to their workload as they consider matters at an advisory committee, at GC, then again at Council This may be seen as unnecessary duplication to some. It is also noted that the advisory committees require considerable staff resources in support from the functional area as well as secretarial support. The Town of Aurora Councils' have a long history of appointing advisory committees and their numbers have varied over time depending on the issues and priorities of the day. Council may wish to consider disbanding one or more of the advisory committees on the attached list and have staff respond directly to GC. Direction from Council in this regard is requested. Joint Council Committee In 2001 the Towns of Aurora and Newmarket amalgamated their fire services to form the Central York Fire Services. The agreement between the two municipalities approved the creation of a joint committee composed of six Members of Council, three from the Town of Aurora and three from the Town of Newmarket. It is necessary to proceed to have the three Council members from Aurora appointed as soon as possible so that the Joint Council Committee can meet in the new year to discuss Central Fire Services operational issues. -71- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 3 December 14, 2010 .3. Report No. CLS10-026 Lake Simcoe Region Conservation Authority The Conservation Authority's operating Board has representatives from each municipality that is within the watershed district. The Mayors of each municipality are usually appointed by the Region to represent the municipality on the Authority. ALTERNATIVE(S) TO THE RECOMENDATIONS As previously stated Council is obliged to make appointments to certain statutory bodies and advisory bodies as set out above. In addition, as noted, Council has the option of disbanding certain advisory committees as it deems appropriate. FINANCIAL IMPLICATIONS Should Council decide to discontinue one or more advisory committees there may be an impact on staff resources being utilized. CONCLUSIONS It would be appropriate for Council to direct staff to advertise for applications for appointment to various statutory and other bodies that Council is required to make appointments to. In addition, staff is requesting that Council consider which advisory committees it would like to reconstitute for the 2010-2014 term of office. ATTACHMENTS Attachment 1 —Summary of.Committees Attachment 2 — Boards and Committees Membership Composition PRE -SUBMISSION REVIEW Executive Leadership Team — December 1, 2010 Prepared by. John D. Leach, Director of Customer and Legislative Servicysffown Clerk ext. 4771 Customer & Legislative Services Neil Garbe Chief Administrative Office . 72 - Council Meeting Agenda Tuesday, December 14, 2010 Attachment 1 TABLE OF CONTENTS BOARD/COMMITTEES APPOINTED BY COUNCIL ACCESSIBILITY ADVISORY COMMITTEE AUDIT COMMITTEE AURORA PUBLIC LIBRARY BOARD HERITAGE ADVISORY BOARD COMMITTEE OF ADJUSTMENT PROPERTY STANDARDS ECONOMIC DEVELOPMENT ADVISORY COMMITTEE ENVIRONMENTAL ADVISORY COMMITTEE LEISURE SERVICES ADVISORY COMMITTEE TRAFFIC SAFETY ADVISORY COMMITTEE EXTERNAL BOARDS AND COMMITTEES JOINT COMMITTEE OF COUNCIL -- CENTRAL YORK FIRE SERVICES NOKIIDAA TRAIL COMMITTEE 2 5 9 11 13 15 16 18 21 24 26 30 Item 10 - 4 EF&M Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 5 AWL AupoxA ,)'owfe ur. �joocG cawr£+arty ACCESSIBILITY ADVISORY COMMITTEE TERMS OF REFERENCE Accessibility Advisory Committee Terms of Reference 1. Purpose The purpose of the Accessibility Advisory Committee is to encourage and facilitate accessibility on, behalf of all persons with disabilities by promoting public awaCeness and sensitivity; encouraging co-operationamong all service and interest groups to ensure an inclusive community for all persons; identifying and documenting relevant issues and concerns; improving access to housing, transportation, education, recreation, and employment ;which are all qualities of a five star community; improving communication among all levels of government and service agencies to make recommendations regarding policy, procedure and legislation; to educate and champion needs that arise based on the Accessibility for Ontarians with Disabilities Act.(2005) and recognizing that the needs of all persons, including persons with disabilities are constantly changing. 2. Membership The committee shall be comprised of five (5) members, encompassing: • Three (3) members who are people with disabilities; • One (1) member of Council; • One (1) member who is a citizen volunteer, parent of a child with a disability or professional from the stakeholder community. 3. Term The committee shall be appointed for a two year team, with the option of a further two year term and will be concurrent with the term of council. -74- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 6 4., Remuneration The committee member shall be compensated for his/her expenses as provided by the current legislation. The remuneration practice should take into consideration that people with disabilities might have additional expenses related to travel, disability accommodations and attending meetings in general. This may include, for example, sign language interpretation for individuals who are deaf, specialized transportation. and support care and/or attendant services for committee meetings. 5. Duties and Functions The committee assists council by advising, reviewing and making comments and recommendations of interest to/for people with disabilities and dealing with community issues relevant to persons with disabilities. Some of the items to be reviewed by the Committee include: • ;Providing advice to council each year regarding the preparation„ implementation and effectiveness of the annual municipal accessibility plan and making recommendations on the outstanding accessible project list or items based on councils funding allocation for accessibility; • Provide advice to council and staff for compliance purposes as per the Accessibility for Ontarians with Disabilities Act (2005); • Establishing.guidelines pertaining to accessibility; that staff may consider in the review of site plans and subdivision agreements (i.e. building accessibility, curb cuts on roadways, audible traffic signals, etc); • Commenting on selected designated accessible parking, including: ensuring that it is.as convenient to the entrance as possible, ensuring that it is properly identified and signed as designated accessible parking, reviewing the total number of designated accessible parking spots in relation to the total number of parking spaces in new development (1:30 ratio), reviewing ways to improve the placement of existing designated parking within the municipality, suggesting ways to increase, wherever possible, on both public and private lands, the number of designated accessible parking spaces within the municipality; • Commenting on the accessibility for persons with disabilities to a building, structure, or premises or part of a building, structure orpremises that the municipality purchases, contracts or significantly renovates or for which a new lease is entered into; • Commenting on the proposed and existing by-laws, services, practices, programs and policies of the municipality and how they relate to the general public, including persons with disabilities; • Commenting on how the needs of persons with disabilities can be better served through the municipality's purchasing of goods and services; • Monitoring federal and provincial government directives and regulations and advising council regarding same; -75- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 7 • Conducting research on accessibility issues; • Liaising with other municipalities, region of York and local stakeholder groups on accessibility and disability issues/interests. 6. Meeting times and Locations The Accessibility Advisory Committee meets on the 15t Wednesday of each month at 7:00 p.m. with the exception of July and August. Meeting agendas are available for members the week before. Location is usually an accessible meeting room at the Aurora Town Hall. 7. Staff Support The Corporate Services Department provides administrative support services to the committee. Additional staff such as the Accessibility Advisor (when/where available) and Senior Building Inspector shall also attend as required, to be determined by agenda items. Other staff representatives will attend Committee meetings when/if required, and if the issues are relevaotto the. Accessibility Advisory Committee. (I.e.. Facilities Manager for updates on physical access improvements within town facilities', updates on annual accessibility plan items, Human Resource staff re: recruitment policy, etc.) -76- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 8 AuRoP. yowfo r'x.. good C—Tw ny AUDIT COMMITTEE TERMS OF REFERENCE (By-law 4835-06. C) Purpose: To provide oversight responsibilities for the Town of Aurora's: ➢ Financial reporting processes; ➢ Overall guidance and direction to the CAO and Management related to the Town's systems) of internal control; ➢ Internal and external audit processes; and ➢ Processes for monitoring compliance with. laws and regulations (applicable law), the Code of Conduct and the Conflict of Interest Policy Statement; Authority: The Audit Committee is empowered to: ➢ Recommend the appointment, dismissal and compensation of the Town's external auditors; ➢ Oversee the work of the internal and external auditors of the Town; ➢ Resolve any disagreements between management and the auditor(s) regarding financial reporting; ➢ Retain independent counsel, accountants or others to advise the Committee, or assist in the conduct of an investigation; ➢ Seek any information the Committee requires from Management, employees and/or agents of the Municipality; ➢ Meet with the Town's management team, external auditors, or outside legal counsel, as required, independently or together; ➢ Review and recommend for approval audit fee billings in excess of the approved budget for the completed audit of the period year; and -77- Council Meeting Agenda Item 10 - 9 Tuesday, December 14, 2010 ➢ Review the audit plan and audit fee schedule for the ensuing year end. Composition: ➢ The Audit Committee is comprised of all Members of Council (General Committee) and reports directly to the Council of the Town of Aurora. Meetings: ➢ The Audit Committee Will meet at minimum two times per year with authority to convene additional meetings, as circumstances require; ➢ Meetings of the Audit Committee will be open to the public subject to exceptions pursuant to Section 239 (2) of the Municipal Act, 2001, as amended; ➢ The Committee will invite members of management, auditors and/or others to attend meetings and provide pertinent information; as necessary; ➢ Meeting agendas will be prepared and provided in advance to members, along with appropriate briefing materials; and ➢ Minutes will be prepared. Financial Statements.: ➢. Review significant accounting and reporting issues, including complex or unusual transactions and highly judgmental areas, recent professional and regulatory pronouncements, and understand their impact on financial statements; ➢ Review with management and the external auditors the results of the audit, including any difficulties encountered; ➢ Review and receive the annual financial statements with management, and consider whether they are complete, consistent with information known to Committee members, and reflect appropriate accounting principles; ➢ Recommend to Town Council the approval of the annual financial statements; and ➢ Review with management and external auditors all matters required to be communicated to the Committee under Generally Accepted Auditing Standards. _78- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 10 Internal Control: ➢ Consider the effectiveness of the Town's internal control system(s), including information technology security and control; ➢ Understand the scope of internal and external auditor's review of internal control and obtain reports on significant findings and recommendations, together with Management's responses and the timing of the disposition of significant findings; and ➢ Review the external auditor's Management Letter (if any) together with Management's responses. External Audit: ➢ Review the external auditor's proposed audit scope and approach; ➢ Subjact to Section: 296 of the Mgpicipal, Act,, 2001 , as amended,.. review the performance of the external auditors, and recommend to Town Council the appointment or discharge of the auditors; ➢ Review and confirm the independence of the external auditors by obtaining statements from the auditors on relationships between the auditors and the Town of Aurora, including non -audit services, .and discussing the relationship with the auditors; and ➢ Review the audit plan and audit fees for the ensuing year end. Internal Audit: ➢ Review the Town's control processes and systems to ensure compliance with Town's policies, laws and' regulations which impact operations and reports; ➢ Review policies used to safeguard corporate assets and verify the existence of these assets; and ➢ Review the efficiency and effectiveness of the utilization of the Town's resources on programs and projects. Compliance: ➢ Review the effectiveness of the system(s) for monitoring compliance with laws and regulations and the results of Management's investigation and follow-up (including disciplinary action) of any instances of non-compliance; ➢ Review the findings of any examinations by regulatory agencies, and any auditor observations; -79- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 11 ➢ Review the process for the communication of the Code of Conduct and Conflict of Interest Policy Statement to Town personnel, and for monitoring compliance therewith; and ➢ Obtain regular updates from Management and the municipality's legal counsel regarding compliance matters. Reporting Responsibilities: ➢ .Report to the Town Council about Audit Committee activities, issues and related recommendations; ➢ Provide an open avenue of communication between the external auditors and Town Council; and ➢ Review any other reports the Municipality issues that relate to Audit Committee respQnslbilities. Other Responsibilities: ➢ Perform. other activities related to these Terms of Reference as requested by Town Council; ➢ Institute and oversee special investigations as required; and ➢ Review and asses the adequacy of the Audit Committee Terms of Reference annually, requesting Council approval for proposed changes and ensure appropriate disclosure as may be required by law or regulation. ..80. Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 12 AuRgoxA ,yowYeur. yood CaHrfm��i AURORA PUBLIC LIBRARY BOARD TERMS OF REFERENCE 1. PURPOSE To oversee the planning and policy decisions related to the Aurora Public Library service. 2; MEMBERS'HIP The Board shall be comprised of nine (9) members, including three (3) members of Council and six (6) members of the public who are: ➢ At least eighteen years of age; ➢ A Canadian citizen; ➢ A resident of Aurora; ➢ Not employed by the Town of Aurora.or by the Aurora Public Library. 3, TERM The Board shall be appointed for a four year term, and will remain in office until a new Board has been appointed by Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS Strategic planning: • Identifying needs and approving appropriate plans to ensure that Aurora Public Library services are responsive to changing community circumstances and are accessible to all. -81- Council Meeting Agenda Item 10 - 13 Tuesday, December 14, 2010 Policy development: Determining and adopting written policies to govern the services and operations of the Library. Advocacy: • Ensuring that the important and essential role of the Library in the community is communicated .clearly. • Ensuring that its value and contribution are understood and appreciated by all key stakeholders. Actively promoting Library services in the community. Financial management: Ensuring that community needs for Library services are met in a cost-effective manner. Developing and recommending to Town Council required operating and capital kudgbts. 6. MEETING TIMES AND LOCATIONS 3`d Wednesday of the each month at 7:00 p.m. at the Aurora Public Library. 7. STAFF SUPPORT The Library provides technical and administrative support services to the Board. M:110 Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 14 AuwoltA ynw're'ut good eorrtpu� HERITAGE ADVISORY COMMITTEE OF AURORA TERMS OF REFERENCE 1. PURPOSE The Heritage Advisory Committee of Aurora shall advise and assist Council on all matters relating to the conservation of buildings of historic or architectural value and. on all matters relating to the designation and preservation of heritage conservation districts in accordance with the Ontario Heritage Act, and not on new planning & development, except for new applications within the heritage resource area, as identified in the Town of Aurora's Official Plan and on all properties as defined in Park IV and V of the Ontario Heritage Act. 2. MEMBERSHIP The Committee shall be comprised of nine (9) members, including two (2) members of Council and seven (7) members of the public, which includes one Honorary Member. 3. TERM The Committee shall be appointed for a two year term, with the option of a further two year term and will be concurrent with the term of Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS To encourage heritage preservation in Aurora by examining, researching and evaluating properties and areas that may deserve recognition and protection; • To recommend to Council the designation of architecturally significant properties or districts under the Ontario Heritage Act; -83- -Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 15 • To promote heritage conservation within the Town through newsletters, guides, exhibits and other educational material about notable buildings, streets, and districts in the Town in order to raise community awareness.; To compile data and other information on heritage buildings and features that may have historical or architectural significance; • To comment to Council and staff on proposed development applications and demolition permits. on properties within the heritage area, as identified within the Town of Aurora's Official Plan. 6. MEETING TIMES AND LOCATIONS 2"d Monday of each month at 7:00 p.m. with the exception of July and August. 7. STAFF SUPPORT The .Planning and Development: Services Department prouides, tec..hnical support services and the Customer and Legislative Services Department provides administrative support services to the Committee. Other staff. representatives will attend'Committee meetings on an as -required basis and will provide technical assistance to the Committee. N:L! Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 16 AuRoRA, row,�U4Goo���� COMMITTEE OF ADJUSTMENT TERMS OF REFERENCE 1. PURPOSE The Committee considers the merits of applications for land severances and minor variances to land, buildings or structures, in accordance with the Planning Act. 2. MEMBERSHIP The Committee shall be comprised of five (5) members of the public. 3. TERM The Committee shall be appointed for a four year term and will remain in offibe until a new Committee has been appointed by Council. 4. REMUNERATION Chair - $65.00 per meeting Members - $55.00 per meeting 5. DUTIES AND FUNCTIONS The. Committee: • Meets in a public forum to hear applications for severances and minor variances; • Listens to presentations by the applicant, Town staff and any other'interested parties; • Receives written submissions and staff reports; • Renders a decision on applications that are placed before the Committee, including imposing any conditions of approval that it deems desirable. -85- Council Meeting Agenda Item 10 - 17 Tuesday,. December 14, 2010 6. MEETING TIMES AND LOCATIONS 2Id Thursday of each month at 7:30 pm: 7. STAFF SUPPORT The Planning and Development Services Department provides technical and administration support services to the Committee. N., Council Meeting Agenda Tuesday, December.14, 2010 Item 10 - 18 Ilk AuxZoxzA PROPERTY STANDARDS COMMITTEE TERMS OF REFERENCE 1. PURPOSE The Property Standards Committee is appointed by Council to sit and hear appeals of any Orders to Comply issued by staff under the Town's Property Standards By- law relating to the conditions of properties in Town. 2. MEMBERSHIP The Committee shall be comprised of five (5) members of the public and are members of the Committee of Adjustment. 3. TERM The Committee shall be appointed for a four year term, will remain in office until a new Committee has been appointed by Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS To review and make recommendations relating to any appeals that may be filed in relationship to the Property Standards By-law and associated orders. 6. MEETING TIMES AND LOCATIONS As required basis 7. STAFF SUPPORT The Customer and Legislative Services Department provides administrative support services to the Committee. -87- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 19 AURORA ECONOMIC DEVELOPMENT" ADVISORY COMMITTEE TERMS OF REFERENCE PURPOSE The Economic Development Advisory Committee will make recommendations to Council on matters that will foster and enhance a strong and stable economy consistent with the attributes of a sustainable community. The Committee will liaise with existing businesses and facilitate the development of new enterprises through support and provision of opportunities for new economic development growth to enhance the quality of life and prosperity in our community and to meet the needs of the future. MEMBERSHIP The Committee shall be comprised of nine (9) members as follows: • Three (8) members of Council to be selected by Council; • One (1) Representative appointed by the Chamber of Commerce; • Up to five (5) Citizen Members to be selected by Council. In making, its citizen appointments, Council shall have regard for the diversity of business interests and qualifications of citizen candidates for the Committee and shall endeavour to have at least one member appointed to represent the interests of the historic business core. Citizen members. will: • Be experienced business people with a well developed business community network; • Be a broad spectrum of the business community representing a cross section of the business community • Sign confidentiality and conflict of interest agreements may be required; 0 Be strong proponents of business growth for the Town. Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 20 3. TERM The Committee shall be appointed for a two year term, with the option of a further two year term and will be concurrent with the term of Council. 4. REMUNERATION None S. DUTIES AND FUNCTIONS To assist and support Council and staff in order to meet the following objectives: Develop economic opportunities to aid in the growth and progress of Aurora as a desirable place to do business; • Support the growth of a variety of 'businesses to encourage a sustainable. business environment; Increase the ,quantity and diversity of employment in Aurora to enhance local live/work opportunities and promote efforts to reduce commuting through local economic initiatives; • To assist Council in developing an economic development vision to retain the viability of the existing community core; • Form sub -committees to deal with specific new initiatives, and identify strategic solutions; • Undertake other assignments as maybe requested by Council from time to time. 6. MEETING TIMES AND LOCATIONS 2"d Thursday of each month at 7:00 p.m. except during July and August. 7. STAFF SUPPORT The Manager of Strategic Initiatives will attend all meetings, act as a staff resource, and provide the Committee with technical assistance. The Customer and Legislative Services Department will provide administrative support services to the Committee. WPM Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 21 AuR.oxA you.'refwgoneGtormpary ENVIRONMENTAL ADVISORY COMMITTEE TERMS OF REFERENCE PURPOSE The Environmental Advisory Committee is to act as an advisory committee of Council on matters relating to protection and enhancement of the environment; be a catalyst for local initiatives that promote environmental sustainability, integrity and conservation of our resources and ecosystems, as well as provide input to protect, maintain, restore and enhance the environment and our common natural heritage within the Town of Aurora; and endeavour to create a practice of stewardship within the community towards our open spaces, parks and woodlots, 2. MEMBERSHIP ■ Three (3) members of Council and ■ Up to nine (9) members 3. TERM The Committee shall be appointed for a two year term, with the option of a further two year term and will be concurrent with the term of Council. 4. REMUNERATION None S. DUTIES AND FUNCTIONS The Committee shall consider in establishing its objectives the need to: Act as a link between citizens, town staff and government to facilitate the resolution of environmental concerns and to assist in developing projects that will enhance our community environment; Identify changing needs, bring forward and recommend appropriate actions to. deal with environmental issues impacting Aurora; Work at building relationships and establishing partnershipswith interested environmental organizations and individuals; -90- Council Meeting Agenda Tuesday, December 14, 2010 Item 1.0 - 22 • Provide advice to Council on environmental policies, procedures and regulations; • Advise Council on by-laws, operational policies and protocols relating to issues such as: pesticide use, anti -idling initiatives, litter, tree preservation,. clean air, green purchasing, stream protection, natural heritage studies, trail systems, road maintenance, and waste diversion; • Identify opportunities to implement initiatives for education, outreach, public awareness, public consultation, and to seek funding sources; • Undertake educational initiatives, both formally and informally, to raise the profile of the environment and provide advice to Council and staff on identifying opportunities to implement initiatives for education, outreach, public awareness and public consultation; • Assist Council and staff,. where feasible, in identifying research needs and environmental data gaps and assist in gathering data, undertaking research and formulating a strategy to improve the information available for private and public use; • Encourage the acquisition of environmentally sensitive areas through conservation easements and other mechanisms; Assist in the promotion of green space, environmental restoration, environmental rehabilitation and enhancement projects; • Support development and education of the public on energy conservation initiatives; • undertake any assignments as may be requested by Council; • Provide input into the Leisure Services Department and the Planning Department in the preparation of a State of the Environment report and review it every five years at a minimum. 6. MEETING TIMES AND LOCATIONS 1st Thursday of each month at 7:00 p.m. except during July and August. Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 23 7. STAFF SUPPORT The Customer and Legislative Services Department will provide administrative support services to the Committee. The Manager of Environmental Initiatives will attend the meetings to provide technical assistance to the Committee. -92- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 24 AUiZORA yow'rcin. yaod (.awr�,any LEISURE SERVICES ADVISORY COMMITTEE TERMS OF REFERENCE PURPOSE Providing policy advice and assistance to Council through the Parks and Recreation Services Department respecting the delivery of Leisure Services programs and activities within the Town of Aurora; to act as a liaison with the community, providing an hfonma[mechanism to loth otitain; and disseminate information relevanttb the department's mandate. 2. MEMBERSHIP The Committee shall be comprised of nine (9) members, including three (3) members of Council, five (5) citizen members, one (1) citizen member from. the Sports Council and up to two (2) youth. members for an overall membership of 11 citizens. 3. TERM The Committee shall be appointed for a two year term, with the option of a further two year term and will be concurrent.with the term of Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS To solicit and assess community feedback with respect to service levels, costs, priorities, issues and concerns pertaining to the delivery of leisure services within the community; To provide analysis and commentary on policy initiatives, core document review/updates and similar departmental recommendations to Council on Leisure Services matters; -93- -Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 25 • To assist the Parks and Recreation Services Department in evaluating community needs, prioritizing and recommending changes to Council regarding the Leisure Services Master Plan; • To review annually the Parks and Recreation Services Fees and Services Charges; To facilitate communication by serving as a liaison along with a citizen liaison between the Town and various community groups; • To review and comment on annual Parks and Recreation Services capital objectives within the context of the Town of Aurora Strategic Plan, the Master Plan, the Departmental Pricing Policy and long range community development objectives; • To receive. and comment on the merits of proposals and concepts for new Parks and Recreation Services related projects brought forward by the department, individuals, community groups and the public or private sector; • Staff will solicit and receive applications for Civic Appreciation Awards nominations and will then submit to the Leisure Services Advisory Committee to select; • Become fully conversant with existing Parks and Recreation Services programs and facilities in the community; • Review the Strategic Plan, the Parks and Recreation Services Master Plan, the mission statement of the department and become familiar with their contents; • Review policy related reports prepared by the Director of Parks and Recreation Services and provide input on those reports; • Liaise with and provide ongoing encouragement to community groups and agencies which provide recreation related programs and activities; • Periodically seek input on matters relevant to the provision of leisure services, especially in areas where service levels could potentially be impacted by such factors as budget constraints, user fees, financial reallocations, etc.; • Form sub -committees to deal with specific new initiatives, policy issues, problems areas and identify strategic solutions; • Meet on an as -required basis with volunteer groups, community organizations and associations to foster partnerships, promote and encourage communication, determine problem areas and identify strategic solutions; -94- Council. Meeting Agenda Tuesday, December 14, 2010 Item 10. - 26 • Identify new/expanded facilities and programs which may be required as a result of growth in the community and suggest ways and means for accommodating such demands within achievable financial parameters; • Identify facilities, programs and activities that may have continued beyond their effectiveness within the community, the resources for which might be appropriately directed elsewhere; • Undertake other assignments as may :be requested by Council from time to time; • To provide advice and consent to the Parks and Recreation. Services Department through the Special Events Coordinator with respect to the delivery of department operated annual events. 6. MEETING TIMES AND LOCATIONS 3'd Thursday of each month at 7:00 p.m. with the exception of July and August. 7. STAFF SUPPORT The Parks and Recreation. Services Department provides technical support to the Committee. The Customer and Legislative Services Department provides administrative support services to the Committee. -95- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 27 AuioxA yo*.wi.G"damp y TRAFFIC SAFETY ADVISORY COMMITTEE TERMS OF REFERENCE PURPOSE TheTrafficSafety Advisory Committee is an advisory body that will review traffic safety concerns on Town right-of-ways and recommend various courses of action to Council. 2. MEMBERSHIP • Two (2) Council members; • Six (6) Council appointed citizens representing across section of all areas within the town limits. 3. TERM The Committee shall be. appointed for a two year term, with the option of a further two year term and will be concurrent with the term of Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS To review traffic safety concerns identified by various stakeholders including Council, citizens, ratepayer groups, staff and other interested parties. These concerns may include but not be limited to addressing the overall movement of traffic and traffic volumes on Town roads, speeding concerns, traffic calming requests, highway safety considerations, parking restrictions, the application of school safety zones and community safety zones, and any alternatives and strategies related thereto. -96. Council Meeting Agenda . Tuesday, December 14, 2010 Item 10 - 28 To promote strategies that will modify aggressive driving behaviours through public education and awareness, through the implementation of by-laws, police enforcement, traffic calming measures and any other methods.that have the effect of improving the .general safety, of the public at, large by reducing accidents, property damage, personal injuries and fatalities. 6. MEETING TIMES AND LOCATIONS 2"d Wednesday of each month at 7:00 p.m. with the exception of July and August. 7. STAFF SUPPORT The Committee will receive support in the form of one representative appointed from each of the following organizations: • York Regional Police; • York Region District Public School Board; ■ York Catholic District School.Boardi • Traffic Transportation Analysis; • By -Law Services Coordinator. The Customer and Legislative Services Department provides administrative support services to the Committee. Weym ,Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 29 Aur oRA YAWM[wyncrtc HIPAny JOINT COMMITTEE OF COUNCIL CENTRAL YORK FIRE SERVICES TERMS OF REFERENCE 1. PURPOSE A joint committee of the Municipal Councils of Aurora and Newmarket shall be formed and constituted as of January 1, 2002 for the purposes of providing and administering fire protection and preventative services for both municipalities in accordance with the Consolidated Fire Services Agreement. Although accountable to both the Council of the Town of Aurora and the Town of Newmarket, it is the responsibility of committee members to make decisions which shall favour neither municipality, butwill provide an equal level of service to all of the combined residents of both municipalities. 2. . MEMBERSHIP The committee shall total six (6) members, composed of three (3) members of the Municipal Council of Aurora and three (3) members of the Municipal Council of Newmarket, whose terms shall be concurrent with the term of the Councils which appointed them. No member shall be permitted or eligible for membership for more than two (2) consecutive terms. Quorum In order to constitute a quorum, at least two (2) members appointed by Newmarket and. two (2) members appointed by Aurora shall be present at all times, and all matters shall be decided by a majority vote of the members attending, each of whom shall have one (1) vote including the Chair. In the event of a tie, the matter shall be deemed to have been denied or refused. Majority Any decision or recommendation of the Committee shall require the following: a) The concurring vote of a majority of the members present, and b) A concurring vote from at least one representative of each municipality. A tie vote is considered a defeated vote. -98- -Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 30 TERM The appointment for a term to be determined by Council and will remain in office until a new appointee has been appointed by Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS The Fire & Emergency Services Committee shall be delegated the following responsibilities in fulfilling the mission statement: Conduct planning for the provision of effective and efficient fire and emergency services, in accordance with the Consolidated Fire Services Agreement including fire suppression, fire prevention, fire safety, education, communication, train, ing.,Qf pe,rsons.involve.d in the provision of fire.protection.. services, rescue and emergency services and delivery of all these services, in a fiscally prudent manner within the municipalities; 2. Present & maintain a Fire & Emergency Services Master Plan to meet the community needs and provide strategic direction for approval of the Municipal Councils; 3. Recommend service levels, capital budgets, and operating budgets in accordance with the consolidated Fire Services Agreement and the approved Fire & Emergency Services Master Plan; 4. Administer the provision of fire services to the municipalities in accordance with the approved plans and budgets including the provision and use of facilities, equipment, .human resources and programs; 5. Ensure that any agreements currently in effect relating to communications services and mutual aid with other municipalities are maintained and properly performed; 6. Provide regular and proactive information to the Councils of the participating municipalities on the operations of the consolidated fire services. The committee shall make recommendations in accordance with the Consolidated Fire Services Agreement with respect to the service standards, namely: • Fire & emergency services master plan; • Annual capital & operating budgets; • Labour contracts and amendments; • Fire communication services and mutual aid agreements; -99- Council Meeting Agenda Item 10 - 31 Tuesday, December 14, 2010 Purchases or contracts related to fire services. Notwithstanding the above referenced responsibilities, the Town of Newmarket shall be responsible for any negotiations and execution of agreements related to any labour relation contracts and amendments thereto. The committee will be responsible for coordinating the Central York Fire Services, which includes both full-time and volunteer firefighters. The committee shall ensure the efficient and proper delivery of fire and emergency services throughout the municipal boundaries of Aurora and Newmarket in accordance with the Consolidated Fire Services Agreement and service standards approved by the Council of both municipalities including and extending to the following: a) Establish a program in the municipalities, which must include public education with respect to fire safety and certain components of fire prevention; b) Establish and maintain an annual fees for services schedule; c) Engage in mutual aid relationships with adjacent. Fire and Emergency Services providers in York Region; d) Provide a tiered response to emergency events in Aurora and Newmarket; e) Examine the feasibility of providing fire and emergency services to other municipalities and the receipt of like, services from other municipalities, subject to the collective bargaining agreement; f) Meet all obligations and responsibilities of Aurora and Newmarket under the Fire Protection and Prevention Act,. as amended, and any regulations there under; g) Consider the recommendations of the Fire Marshal concerning the operation of the department and delivery of service to Aurora and Newmarket and report to the Municipal Council of the parties concerning these recommendations; h) From time to time as needed, participate in the process for the recruitment of a Fire Chief; i) Develop, with the Fire Chief, an ongoing communication process, including a quarterly report between the Department and the municipal Councils; j) Review departmental organization; and k) Review such other matters as the Municipal Councils may determine. Notwithstanding, the above referenced functions, the Committee shall not interfere with any of the Fire Chiefs statutory duties. The committee shall review and maintain a Master Fire and Emergency Services Plan that would establish and harmonize service levels throughout Aurora and Newmarket and standardize operating procedures for the department. The committee shall be responsible for providing at no time less than the current level of service in existence for the delivery of fire and emergency services of. each municipality, at the time of the effective date of this agreement. -100- Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 32 The Committee may meet with any other municipalities that are interested, with the objective of expanding the service area of the committee forthe provision of fire and emergency services beyond Aurora and Newmarket and consolidating regional fire and emergency services. Following such discussions, the Committee shallaeport to Aurora and Newmarket concerning the proposed amendments to this agreement to implement such arrangements. 6. MEETING. TIMES AND LOCATIONS The committee meets on a monthly basis with the location alternating between the Town of Aurora and the Town of Newmarket. The meetings for July and August are at the call of the Chair of the committee. 7. STAFF SUPPORT. Central York Fire Services staff will provide technical. support to the committee. Corporate Services staff of the Town of Newmarket shall provide administrative support to the committee and the meetings shall be governed by the Town of Newmarket's Procedural By-law. - 101 - Council Meeting Agenda Tuesday, December 14, 2010 Item 10 - 33 AuRoxA Y.*1 orogmdcouTA y. NOKIIDAA TRAIL COMMITTEE TERMS OF REFERENCE 1. PURPOSE To investigate the possibilities of building a walking trail from Aurora to Lake Simcoe through the East Holland River Watershed. 2: MEMBERSHIP ■ Three (3) members from each of the participating municipalities (Aurora, Newmarket and East Gwillimbury); • One (1) member from the Lake Simcoe Region Conservation Authority; • One (1) member from the Region of York. 3. TERM The appointment for a term to be determined by Council and will remain in. office until a new appointee has been appointed by Council.. . 4. REMUNERATION =1- 5. DUTIES AND FUNCTIONS 6. MEETING TIMES AND LOCATIONS 8. STAFF SUPPORT -102- Council Meeting Agenda Item 10 - 34 Tuesday, December 14, 2010 Attachment 2 Boards and Committees - Membership Composition w _ 1 Council member ME Accessibility Adviso Committee 3 Citizen members with disabilities 1 Citizen volunteer or professional from the stakeholder communit 5 .�. v _. .. .. _,_.__._ _ v-.•• e-�-.csx, _._c.:_.,. �-_.=�`�-v"'^ - .,-I_.=o-=r ax � - lvlt'1J �..___.. u:45.di_ Audit Committee 9 Council members 9 isrogn 3 Council members Aurora Public Library Board 6 Citizen members 9 'fit•- Yam. :...._-_- _ it�v:v-t _: �-�.A.:EF S�'4_,r-v-. �-k-. r3 f w.iYij- Committee of Adjustment 1 a F Ih� Pvx. I F 0 Council members •."iF"- 5 Citizen members 5 r 0 Council members Property Standards Committee 5 Citizen Members (same members as the Committee of Adjustment 5 ...ribek 3 Council members Economic Development Advisory Committee 5 Citizen members 1 Chamber of Commerce representative 9 ..:�=�:. «P °:F • �:9= '_x Environmental Advisory Committee. _ .: ti_.... 1,:. _- _ _ _ _ h3� ice.: �•_'R.. 3 Council members v'�. _- _ kN4 9 Citizen members 12 s� ,�.,�—$:� — _ = =�-Wit;-�.,• _� .. ,<�, m : gip_-'s +srT�S�e.=.. sx� _T_=.Fi�2. �T.-..d: Heritage Advisory Committee -- - - - �_ �=� � •'T:..:.Y: :.==�';eLi�ii.«=..: _ tern.:._— =ic�i v� 2 Council members _ T 7 Citizen members 9 �2�-�]�.� -3- -'x-� � .�.+5-,-...ram.....:.:. 3 -��_ _ :.E•�3w Leisure Services Advisory Committee _.. c. '= ...'� ...i:. � _ . __ -Si»�i � f i{. 3 Council members v�:,5- • 5 Citizen members 1 Sports Council member 2 Youth members 11 Nokiidaa Trail Committee 1 Aurora Council member 1 Council member from Newmarket and East Gwillimbury 1 Member from the LSCA 1 Member from the Region of York 5 _ ton Traffic Safe Adviso Committee 2 Council members 6 Citizen members 8 -103- Council Meeting Agenda Tuesday, December 14, 2010 Item 11 - 1 TOWN OF AURORA ►UMBRACOUNCIL REPORT No.CLSI0-029 SUBJECT: 2011 Corporate Insurance Policy FROM: John D. Leach, Director of Customer& Legislative Services/Town Clerk DATE: December 14, 2010 RECOMMENDATION THAT report CLS10-029 be received, and THAT the insurance and risk management proposal submitted by BFL Canada in the amount of $315,557 plus taxes be approved; and THAT the Town of Aurora's corporate insurance policy with BFL Canada be extended for a one-year period. PURPOSE OF THE REPORT To provide Council with information regarding the Town's corporate insurance program and to extend the Town's corporate insurance policy with BFL Canada for a further one year period to the end of 2011. BACKGROUND At the November 27, 2007 meeting, Council resolved: THAT the insurance and risk management proposal submitted by BFL Canada in the amount of $264, 054 (taxes included) be approved; and THAT the Town of Aurora's Corporate Insurance Policies be renewed with BFL Canada for 3 years with annual renewal periods. As the 3 year renewal period approved by Council at the November 27, 2007 meeting is complete at the end of 2010, staff would typically recommend that the Town release a request for proposals to obtain insurance and risk management proposals for insurance coverage beginning in 2011. However, the Northern Six Municipalities in York Region (consisting of the Towns of Aurora, Newmarket, East Gwillimbury, Georgina, Whitchurch- Stouffville and the Township of King, hereinafter referred to as the "Northern Six Municipalities") have been discussing the possibility of a joint request for proposals -104- Council Meeting Agenda Tuesday, December 14, 2010 Item 11 - 2 December 14, 2010 - 2 - Report No. CS10-029 process for municipal insurance coverage beginning in 2012 in order to reduce insurance costs. The Northern Six Municipalities are currently in the process of preparing "Terms of Reference" for a consultant to assist in the process of analyzing the insurance needs of the Northern Six Municipalities to determine if it would be beneficial to proceed with a joint request for proposals for insurance services and, if so, to assist with the preparation of the joint request for proposals for insurance coverage beginning in 2012. COMMENTS Municipal insurance is a highly specialized field where few insurance companies provide this level of coverage. After releasing a request for proposals for insurance services in 2007, the Town changed its corporate insurer from OMEX (the Ontario Municipal Insurance Exchange) to BFL Canada. The Town's corporate insurance consists of the following policies, namely: Municipal General Liability that includes Errors & Omissions, Environmental Impairment, Property (including Boiler& Machinery), Crime, Automobile and Accident. A summary of the coverage including the limit and deductible for each policy is attached to this report in Appendix #1. To cover any unforeseen spikes in claims management, the Town has also established an Insurance Reserve that currently has a balance of$271,500. In addition, to counteract the exposure to risk and reduce claims, the Town initiated a number of claims avoidance measures over the past few years. For example regular/monitored sanding and salting procedures during winter maintenance was implemented; the introduction of a Risk Management Administrative Procedure that establishes guidelines and training measures for staff to minimize risk was introduced in 2001; and the increased maintenance program for sidewalk repairs to identify and repair faulty sidewalks has been in effect for the past few years. It is intended that these and other evolving proactive measures by the Town will assist in mitigating claims against the Town thereby controlling overall costs. ALTERNATIVE(S) TO THE RECOMENDATIONS The Town could release a request for proposals for insurance coverage for the 2011 insurance policy period. FINANCIAL IMPLICATIONS The 2011 insurance premium of $315,557 is an increase of $22,926 (or 8%) over the 2010 premium which was $292,631. This premium increase is driven by two main factors: Municipal General Liability The rate has increased $20,880 from last year due to increased claim activity over the past few years. The increase in claim activity can be attributed to various factors, including population growth in the Town, multiple sewer back up losses, more comprehensive claims reporting and a general upswing in claims during the worldwide economic downturn. -105- Council Meeting Agenda Tuesday, December 14, 2010 Item 11 - 3 December 14, 2010 - 3 - Report No. CS10-029 Property The value of all the buildings and contents have been increased by 3% to reflect inflation and two new buildings (Arboretum Storage Building and Sheppard's Bush Washroom Concession) have. been added to the list of Town - owned property. Staff have consulted their peers at other N6 municipalities and those municipalities are either facing similar increases or have not yet received notice of the amount of their 2011 premiums. An insurance premium budget has been included as part of the Town's annual operating budget. This premium is subsequently charged back to each of the operating departments based on the proportionate size of operations. The current balance of $271,500 in the Insurance Reserve also provides a sufficient cushion in the event of any unexpected claim exposures. The amount of the insurance premium is included in the draft 2011 budget. CONCLUSIONS As the Northern Six Municipalities are pursuing the possibility of a joint request for proposals process for insurance coverage beginning in 2012, staff does not recommend going through the process of releasing a request for proposals for insurance services for 2011 as such proposals are typically for three year or more renewal periods. Instead, staff recommends that the current insurance coverage provided by BFL Canada be extended for a further one year period to the end of 2011. ATTACHMENTS Attachment #1 — Coverage Summary PRE -SUBMISSION REVIEW Executive Leadership Team -- December 1, 2010 Prepared by: Shannon Boychuk, Manager of Administration, ext. 4224 John of qustomer & Legislative Services Neil Garbe Chief Administrative Officer -106- Council Meeting Agenda Tuesday, December 14, 2010 Item 11 - 4 December 14, 2010 - 4 - Report No. CS10-029 ATTACHMENT #1 SUMMARY OF POLICIES AND COVERAGE 1. Municipal General Liability insures against third party claims for bodily injury (including death), personal injury including libel, slander, defamation of character, etc. and property damage. • $50 Million with $10,000 deductible Errors & Omissions insures against third party claims for financial loss resulting from an error, omission, negligent misstatement or misrepresentation, or breach of duty on the part of the municipality and its employees. $50 Million with $10,000 deductible ($25,000 deductible for Sewer Back Up claims) Wrongful Dismissal Provides defence costs for any claim relating to the Wrongful Dismissal of Town staff $250,000 with a $10,000 deductible 2. Environmental Impairment (Pollution) Liability insures against third party claims for bodily injury and property damage arising out of the release of a pollutant or a contaminant into the environment. • $5 Million with $10,000 deductible 3. Property Insurance provides replacement cost coverage for the buildings and equipment owned or leased by the municipality against damage from such perils as fire, wind and water damage, flood, earthquake and collapse. Replacement cost with $10,000 deductible Boiler and Machinery * covers mechanical and electrical breakdown of building equipment • . $50 Million with $10,000 deductible -107- Council Meeting Agenda Tuesday, December 14, 2010 Item 11 - 5 December 14, 2010 - 5 - Report No. CS10-029 4. Crime Insurance • primarily insures the money and securities of the municipality against loss due to dishonesty on the part of the employees_ $1 Million with no deductible 5. Automobile insures all of the licensed vehicles owned or leased by the municipality • $50 million with $10,000 deductible Non Owned Automobile • insures vehicles of staff and councillors when vehicles are used for Town business • provides secondary coverage in excess of owners insurance • $50 million with a $1,000 deductible 6. Councillor's Accident • provides life insurance in the event of accidental death, weekly indemnity for total or partial disability arising from an accident. • $250,000 Principal Sum with no deductible W [0Iaa Council Meeting Agenda Item.12.w.1., Tuesday, December 14, 2010 T o TOWN OF AURORA COUNCIL REPORT No, PR10-034, SUBJECT: 2010 Community Grant Requests — Additional Requests FROM: Allan D. Downey, Director of Parks and Recreation Services DATE: 2010 RECOMMENDATIONS THAT report PR10-035 be received; and THAT Council approve the 2010 Community Grant request'oceived from Optimist Club of Aurora Inc. ($1,000.00) and Ms Shay Pileggi ($867.00) and York Reg/on 55+ Games ($500.00); and THAT Council deny 2010 Community Grant requests . received ($1,000.00). from Artcures Inc. PURPOSE OF THE REPORT This report details additional requests for Council. 2090 Community Grants to be considered by BACKGROUND Each year Council considers requests from various community organizations for funding assistance through the Town of Aurora's Recreation Grant Policy. The Policy identifies three (3) major goals as follows: 9. Temporary start-up assistance (seed funding) f.,or;new community recreation_.based programs. 2. Programs that are joint community service group/departmental ventures. 3. Programs that have no other Municipal funding assistance but are recognized as a recreational community program meritorious of Council's support. Town Grants are comprised of the following: i) Cash Grants:. • Granted by Council to specific organizations in the budget process; • Allowed by Council during the year from an unallocated lump -sum that may be included in the budget. ii) Recreation Program Grants,. Payable out of a special program assistance fund sponsored by the Town, Service Clubs, Business, etc. Such assistance requires that the participant pay one-third of the program cost to a maximum of $20 with one person/program/session being allowed. -109-