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AGENDA - General Committee - 20090922GENERAL COMMITTEE AGENDA NO.09-21 TUESDAY, SEPTEMBER 22, 2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE September 18, 2009 AURORA TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 09-21 Tuesday, September 22, 2009 7:00 p.m. Council Chambers Councillor Gaertner in the Chair I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. Ill ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes, 09-20, September 8, 2009 pg. 1 RECOMMENDED: THAT the General Committee Meeting minutes 09-20 from September 8, 2009 be adopted. IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee Agenda Tuesday, September 22, 2009 Page 2 of 6 VI DELEGATIONS (a) Regional Councillor Joyce Frustaglio, City of Vaughan pg. 12 Re: York Region Municipal Participation in Local Food Drives RECOMMENDED: THAT the comments of the delegate be received for information. (b) Mr. Peter Paz, Program Manager pg. 14 Re: Smart Commute Central York RECOMMENDED: THAT Council provide direction. VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS X CLOSED SESSION (deferred from September 15, 2009 Council) RECOMMENDED: THAT General Committee resolve into a Closed Session, following adjournment, to consider: 1. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and 2. advice that is subject to solicitor -client privilege, including communications necessary for that purpose XI ADJOURNMENT General Committee Agenda Tuesday, September 22, 2009 Page 3 of 6 AGENDA ITEMS 1. ADM09-011 — Petch Log House pg. 16 RECOMMENDED: THAT Council receive this report for information; and THAT Council provide direction to staff respecting the relocation of the Petch Log House. 2. AAC09-06 — Accessibility Advisory Committee Meeting Minutes pg. 33 September 2, 2009 RECOMMENDED: THAT the Accessibility Advisory Committee Meeting minutes from the September 2, 2009 meeting be received and the recommendations contained therein be approved. 3. TSAC09-06 — Traffic Safety Advisory Committee Meeting Minutes pg. 43 September 9, 2009. RECOMMENDED: THAT the Traffic Safety Advisory Committee Meeting minutes from the September 9, 2009 meeting be received and the recommendations contained therein be approved. 4. EAC09-07 Environmental Advisory Committee Meeting Minutes pg. 66 September 10, 2009 RECOMMENDED: THAT the Environmental Advisory Committee Meeting minutes from the September 10, 2009 meeting be received and the recommendations contained therein be approved. General Committee Agenda Tuesday, September 22, 2009 Page 4 of 6 5. HAC09-07 — Heritage Advisory Committee Meeting Minutes pg. 65 September 14, 2009 RECOMMENDED: THAT the Heritage Advisory Committee Meeting minutes from the September 14, 2009 meeting be received and the recommendations contained therein be approved. 6. ADM09-012 — The Sale of the Surplus Lands Located at pg. 79 15059 Leslie Street RECOMMENDED: THAT Council receive this report for information and authorize staff to proceed with the appraisal of the subject lands located at 15059 Leslie Street; and THAT staff prepare and issue a request for proposal for professional real estate brokerage services for the sale of the described lands located at 15059 Leslie Street. 7. LS09-039 —Stewart Burnett Park Senior Baseball Diamond Facility - pg. 85 Additional Expenditures RECOMMENDED: THAT Council authorize an additional expenditure of up to $26,000.00 for various professional and operational work items that have recently been identified with the Stewart Burnett Park Baseball Diamond. 8. LS09-040 — 2009 Community Grant Request — Supplementary pg. 93 Application RECOMMENDED: THAT the supplementary 2009 grant request received from 2799 Queens York Rangers Army Cadet Corps totalling $828.00 be approved for distribution as outlined. General Committee Agenda Tuesday, September 22, 2009 Page 5 of 6 9. PL09-072 — Application for Exemption from Part Lot Control pg. 102 Santorio Holdings Inc. Plan 65M-4079, Lots 12 to 33 inclusive File D12-PLC-06-09 (Related File 1312-00-1A) RECOMMENDED: THAT Council approve the application for exemption from Part Lot Control made by Santorio Holdings Inc. to divide Lots 12 to 33 inclusive Plan 65M- 4079 into forty-four (44) separate lots and associated maintenance easements; and THAT Council enact By-law 5164-09. 10. PL09-074 — Comments Pertaining to the Draft York Region Official pg. 109 Plan dated June 2009 RECOMMENDED: THAT Council endorse the comments attached as Appendix 1 pertaining to the June 2009 — Draft York Region Official Plan; and THAT the comments be forwarded to the Region of York for consideration. 11. PW09-053 — Replacement of Yonge Street GO Transit pg. 118 Railway Bridge RECOMMENDED: THAT report PW09-053 be received for information. 12, PW09-056 — Award of Bid PW2009-85 — For Service Connection pg. 125 Works at 230 Wellington Street East RECOMMENDED: THAT Bid No. PW2009-85 — For Service Connections Works at 230 Wellington Street East be awarded to FDM Contracting Co. Ltd. in the amount of $53,439 plus GST. General Committee Agenda Tuesday, September 22, 2009 Page 6 of 6 13. Motion Tabled by Councillor McRoberts pg. 128 Re: Removal from the Town's Website of the Code of Conduct Complaint (Notice of Motion provided at September 8, 2009 General Committee) (Deferred from September 15, 2009 Council) RECOMMENDED: THAT Council provide direction. 14. Memorandum from the Town Solicitor/Acting Town Clerk pg. 131 Re: Complaint to Council under the Development Charges Act: Aurora Investments Inc., 145 Industrial Parkway South RECOMMENDED: THAT this report be received for information; and THAT the Clerk's Office be directed to schedule a Special Council Meeting at 5:30 p.m. on October 27, 2009 for a hearing to be held under subsection 20(4) of the Development Charges Act, 1997; and THAT the Clerk's Office issue the Notice of Hearing as required under the Development Charges Act, 1997. GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 AumxzA yowl- [Ii. cepad,RESOLUTION FORM GENERAL.COMMITTEE MEETING — SEPTEMBER 22, 2009 Adoption of Previous Minutes Moved By Seconded By_ Resolution: /I/ ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes, 09-20, September 8, 2009 RECOMMENDED: THAT the General Committee Meeting minutes 09-20 from September 8, 2009 be adopted. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 I AuR_oRA TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 09-20 Council Chambers Aurora Town Hall Tuesday, September 8, 2009 COMMITTEE MEMBERS Councillor MacEachern in the Chair; Councillors Buck, Collins-Mrakas, Gaertner, Gallo, Granger, McRoberts, Wilson and Mayor Morris MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Town Solicitor/Acting Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/Treasurer, and COnncll/Committee Secretary Councillor MacEachern called the meeting to order at 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 11 APPROVAL OF AGENDA General Committee recommends; THAT the agenda as circulated by the Corporate Services Department be approved. CARRIED III ADOPTION OF PREVIOUS MINUTES None IV " DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 4, 5, 8, 9, 10,11, 14, 17,18, 21, 22 and 23 were identified for discussion. .2- GENERAL COMMITTEE AGENDA-SEPTEMBER 227 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 2 of 10 V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take -all necessary action required to give effect to same: 1. - EDAC09.06 — Economic Development Advisory Committee Meeting Minutes — Monday, July 20, 2009 THAT the Economic Development Advisory Committee meeting minutes from the July 20, 2009 meeting be received and the recommendations contained therein be approved. 2. ADM09-069 - Real Estate Brokerage Services — Contract Extension THAT Council extend, for one year, the contract for Real Estate Brokerage Services with Cushman & Wakefield LePage Inc. for the sale of selected properties determined by Council on the same terms, conditions and rates as the current contract; and THAT the Mayor and Town Clerk be authorized to execute the agreement for Real Estate Brokerage Services between the Town and Cushman & Wakefeld Lepage Inc. 3. ADM09.010 — Delegated Authority — Summer Recess Accounting THAT report ADM09-010 be received forinformation. 6. CS09-013 — Council Pending List (Deferred by Council on July 21; 2009) THAT report CS09-013 be received for Information purposes. .7. CS09-016 • Countering Distracted Driving — Bill 118 THAT, with the enactment of Bill 118. staff be directed to deploy standardized hand- free devices for all employees who may utilize a hand- held wireless communication device, to comply.with Provincial legislation; and THAT staff be directed to revise IT Policy #3, as attached, to re- emphasize the associated safety requirements when utilizing telecommunication devices. -3- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 3 of 10 12. PL09-065 -Zoning By-law Amendment Application Removal of (H) Holding Prefix -Stirling Cook Aurora Inc. Units 1 to 22, Inclusive York Region Vacant Land Condominium Plan No.1159 File D14-04-09 THAT Council enact By-law 5163-09 to remove the Holding (H) prefix from Units 1 — 22, inclusive, within the Stirling Cook Aurora Condominium, York Region Vacant Land Condominium Plan No. 1159 to allow the subject lands to be developed for residential purposes. 13. PW09.048 - Extension of Contract for Remedial Works to Reduce Extraneous Flow in the Wastewater Collection System THAT Council approve the amendment of contract PW2009-03 — For Remedial Works to Reduce Extraneous Flows in the Wastewater Collection System as awarded to Fer-Pal Construction Ltd., from $502,227.50 to a revised amount of*$1,400,000 excluding GST;.and THAT Council authorize the Mayor and Town Clerk to execute the amended Form of Agreement between the Town of Aurora and Fer-Pal Construction Ltd. 15. PW09-050 - Award of Tender No. PW2009-60 — For Structural Relining of Watermains THAT Council authorize the increase of the Structural Walermain Relining Program budget from $350,000 to $669,422; and THAT the additional amount of $319,422 be transferred from the surplus 2009 water and wastewater funding made available as a result of existing tenders being under budget; and THAT Tender No. PW2009-60 — For the Structural Relining of Watermains be awarded to Fer-Pal Construction Ltd. at its tendered price of $669,422 (exclusive of GST); and THAT Council authorize the Mayor and Town Clerk to execute the Form of Agreement between the Town of Aurora and the successful bidder. 16. PW09-051- Award ofTender No. PW2009-75— Supply and Delivery of Two Full Size, Two -Wheel Drive Cargo Vans THAT Tender No. PW2009-75 - Supply and Delivery of.Two, Full Size, Two -Wheel Drive Cargo Vans be awarded to Highland Chevrolet Cadillac Ltd. at the tendered price of $27,726.84 per unit, excluding GST. GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 4 of 10 19. Correspondence from the Federal Minister of Transport and the Provincial Deputy PremierlMinister of Energy and Infrastructure Re: Infrastructure Stimulus Fund - Approval for Town of Aurora Projects: Park Development Energy Management and Building System Retrofits THAT the correspondence from the Federal Minister of Transport and the Provincial Deputy PremierlMinister of Energy. and Infrastructure be received for information. 20. Resolution from the Community Schools Alliance Re: "Smart Moratorium" (Tabled by Councillor Gallo) THAT the resolution from the Community Schools Alliance regarding a "Smart Moratorium" be received and endorsed by Council. CARRIED - VI DELEGATIONS (a) Mr. John Waller, Director of Long Range and Strategic Planning Region of York Re: Draft York Region Official Plan Mr, John Waller addressed General Committee to provide an overview of the draft Regional official Plan. Mr.. Waller advised that the formulation of the draft plan involved the consideration of several Regional studies and it also ensures conformity with the Places to Grow and Greenbelt Plans. Further, Mr. Waller indicated that the draft plan addresses: a sustainable, natural environment; healthy communities; economic vitality; an urbanizing Region; agricultural and rural areas; and a focus on servicing the population. Mr. Waller advised that the next steps include stakeholder consultation, four public meetings, as well as presentations to local municipal Councils, a statutory public meeting on October 7, 2009 and a report back to Council in November 2009. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED (b) Ms Ivy Hendrickson; Accessibility Advisor, Town of Aurora Re: Item 4— BA09-007 —Accessibility Standards for Customer Service Ms Ivy Hendrickson addressed General Committee to provide an overview of the five standards that will be legislated within the Accessibility for Ontarians with Disabilities Act, which are: customer service, information and communications, transportation, employment and built environments. Ms Hendrickson advised that the public sector must comply with the first standard, .being customer service, by January 1, 2010 and outlined what must be done in order to comply. General Committee recommends: THAT the comments of the delegate be received. CARRIED -5- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 6 of 10 (c) Ms Susan Chase Prior & Prior Associates Ltd. Re: Item 5 — CS09.011 — IT Strategic Plan Ms Susan Chase addressed General Committee to provide an overview of the 5 year strategic plan for IT and eServices. Ms Chase outlined the primary objectives of the plan, the key areas which were identified as concerns, major initiatives and recommendations, and a plan for executing these initiatives. General Committee recommends: THAT the comments of the delegate be received. CARRIED General Committee recommends: THAT Item 5 be brought forward for discussion. CARRIED Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 5. CS09-011 — IT Strategic Plan _ General Committee recommends: THAT Council endorse the IT Strategic Plan report, as prepared by Prior & Prior Associates Ltd. CARRIED General Committee recommends: THAT item 4 be brought forward for discussion. CARRIED 4. BA09-007 — Accessibility Standards for Customer Service General Committee recommends: THAT Council endorse the "Accessibility Standards for Customer Service" policy as attached to report BA09-007 for implementation as a formal policy, governing customer service to persons with disabilities. CARRIED General Committee recommends: THAT items 22 and 23 be brought forward for discussion. CARRIED -6- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 6 of 10 22. Interim Report to Council from Mr. David Nitkin, Former Integrity Commissioner Re: Query 008 General Committee recommends: THAT the interim report to Council from Mr. David Nitkin, former Integrity Commissioner, be received for information. CARRIED 23. Memo from the Mayor — Statement Regarding Former Integrity Commissioner's Response to Council's Formal Complaint General Committee recommends: THAT the statement published by the Mayor regarding the former Integrity Commissioner's response to Councils formal complaint be received and endorsed; and FURTHER THAT IT BE RESOLVED THAT the Mayor be directed by Council to prepare and issue a statement, to be published in the Town's Notice Board and on the Town's,website, in order to address, as soon as possible, specific community concerns that have arisen regarding this matter. CARRIED Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None 9. LS09.034 - Potential Influenza Assessment Centres and Mass Immunization Clinics General Committee recommends: THAT Council receive, as information, the request from the York Region Public Health Unit for the potential set-up of mass H1 N1 flu immunization clinics in all York Region Communities including Aurora; and THAT, If required, Council provide the facility space requested by the York Region Public Health Unit for a potential mass H1Nt flu immunization clinic and waive all facility permitting fees. CARRIED. General Committee recommends: THAT item14 be brought forward for discussion. CARRIED GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 7 of 10 14. PW09-049 - Sidewalk Policy General Committee recommends: THAT Council approve the Public Works Department Policy No. 67 — Sidewalk Policy. CARRIED 11. PL09-064-Approval ofContract— Consultant Retainer for the2C Secondary Plan General Committee recommends: THAT RFP #2009-58 be awarded to The Planning Partnership to undertake the 2C Secondary Plan to an upset limit of $184,860.00 excluding G8T; and THAT the Mayor and Town Clerk be authorized to sign the necessary documents. CARRIED 8. FS09.040 — Federal Infrastructure Grants Applications General Committee recommends: THAT the components of the Recreation Infrastructure Canada (RInC) grant approved projects, as outlined in report FS09-040, be referred to 2010 budget discussions; and THAT the project components related to Sheppard's Bush be referred to 2010 budget discussions; and THAT report FS09.040 be forwarded to the Lake Simcoe- Region Conservation Authority for comments in time for -budget consideration. CARRIED General Committee recommends: THAT the Mayor and Treasurer be authorized to execute standard agreements, subject to the satisfaction of the Town Solicitor, for previously approved Building Canada Fund and Infrastructure Stimulus Fund projects, which have all received application approval by the funding agencies; and THAT the Treasurer be authorized to execute on behalf of the Town any progress reports or other submissions required in compliance with the terms of the funding agreements during the course of the approved projects. CARRIED -8- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September 8, 2009 Page 8 of 10 10. LS09.037. Olympic Torch Run Event—December18, 2009 General Committee recommends: THAT Council endorse and welcome the Olympic Torch Run on Friday December 18, 2009, to the Town of Aurora; and THAT an upset limit of $6,500.00 be allocated to cover the costs associated with the event; and THAT the request for advertising dollars be referred to the Communications Department to bring forward to the Chief Administrative Officer and Director of Leisure Services, alternate and less costly advertising opportunities; and - - THAT Council appoint the Director of Leisure Services as a contact to work with the Vancouver Olympic Committee (VANOC) Representative, to act as the liaison on behalf of the Mayor and Council for the planning of the Torch Run through the Town of Aurora; and THAT Council waive the fees for the public skate to be held at the Aurora Community Centre on December 18, 2009; and THAT the Director of Leisure Services report back on a regular basis to update the Chief Administrative Officer. CARRIED 17. Resolution from the Town of Fort Erie Re: Support Moratorium Call by Ontario Medical Association To Halt Major Health Care Restructuring Decisions General Committee recommends: THAT the resolution from the Town of Fort Erie, regarding a moratorium call by the Ontario Medical Association to haft major health care restructuring decisions, be received. CARRIED 18. Resolution from the Township of Bonnechere Valley Re: Library Grants (Tabled by Councillor Gaertner) General Committee recommends: THAT the resolution from the Township of Bonnechere Valley, regarding library grants, be received and endorsed and circulated to the Aurora Library Board. CARRIED 9. GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting, Minutes Tuesday, September 8, 2009 Page 9 of 10 21. Resolution from the Town of New Tecumseth Re: Harmonization of Taxes _(Tabled by Councillor Wilson) General Committee recommends: THAT the resolution from the Town of New Tecumseth, regarding harmonized taxes, be received and endorsed. CARRIED IX NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor Collins-Mrakas provided a Notice of Motion with respect to a proposed amendment to the Procedural By-law. Mayor Morris provided a Notice of Motion regarding a petition to the Province of Ontario regarding Integrity Commissioners. Councillor McRoberts provided a Notice of Motion regarding removal from the Town's website of the Code of Conduct complaint appearing as a "Statement from Aurora Town Council" pertaining to the July 21, 2009 Council agenda, along with the attached letter of legal opinion and the separately listed Council motion. Councillor McRoberts provided a Notice of Motion regarding the formation of an Accountability and Transparency Committee. Councillor MacEachern requested that Councillor Collins-Mrakas bring forward a list of the additional items she has, in the past, requested to be placed onto agendas, which were not included.. Councillor Granger inquired about the Patch House to which the Chief Administrative Officer responded that a status report is scheduled to be presented at the September.22, 2009 General Committee meeting. Mayor Morris Inquired when the legal opihion pertaining to disclaimers on a -mails could be brought forward, to which the Town Solicitor responded that the two opinions, requested by Council, will be brought to the September 15, 2009 Council meeting in Closed Session. The Town Solicitor advised that they would be presented in Closed Session due to the fact that they reference opinions of the Town Solicitor's predecessors, which were originally brought to Council in confidence. Councillor Granger advised that the Farmers' Market will be holding its Apples n' Honey Festival this Saturday, September 12, 2009. X CLOSED SESSION General Committee recommends: THAT General Committee resolve into a Closed Session, following, adjournment, to consider: personal matters about an identifiable individual, including municipal or local board employees (three items) (Deferred from July 21, 2009 Council Meeting); and -10- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 General Committee Meeting Minutes Tuesday, September8, 2009 Page 10 of 10 • a proposed or pending acquisition or disposition of land for municipal or local board (two items) CARRIED, XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned, at 10:15 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 09-20 WAS CONSIDERED AND APPROVED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, SEPTEMBER 15, 2009, WITH THE EXCEPTION OF ITEMS 2 AND 23, WHICH WERE DISCUSSED SEPARATELY AND APPROVED AS ORIGINALLY PRESENTED, AND ITEMS 6, 14, 20 AND 22, WHICH WERE DISCUSSED SEPARATELY AND APPROVED AS AMENDED. - PHYLLIS M. MORRIS, MAYOR CHRISTOPHER C. COOPER, ACTING TOWN CLERK GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 Jtt/. �ux�aR.A RESOLUTION FORM GENERAL COMMITTEE MEETING — SEPTEMBER 22, 2009 Delegation (a) Moved By Seconded By Resolution: VI DELEGATIONS (a) Regional Councillor Joyce Frustaglio, City of Vaughan Re:. York Region Municipal Participation in Local Food Drives RECOMMENDED: THAT the comments of the delegate be received for information. Proposed Resolution/Amendment (if applicable): CARRIED _ DEFEATED _ =12- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 Delegation (a) From: Durante, Mary <Mary.burante@york.ca> To:sboychuck@e-aurora.ca <sboychuck@e-aurora.ca> Cc: Cooper, Christopher . Sent: Thu Sep 17 16:45:22 2009 Subject: Deputation by Regional Councillor Joyce Frustaglio Re; York Region Thanksgiving Food Drive Hello Shannon: On. behalf of City of Vaughan, Regional Counqillor Joyce Frustaglio, please accept this email notification as a formal request for a Deputation at the Council Meeting on September 22, 2009 @ 7:00'p.m. Councillor Frustaglio would like to briefly address Council. The deputation. will encourage local municipal participation in local food drives. As well, it will outline for respective Council, the areas of involvement where the Region has offered to assist local food banks. -Thank you for your consideration request and next steps. Regards, Mary MGiiy DGL!"GZK�Pi Policy and Program Development Specialist The Regional Municipality of York . Community and Health Services Department Strategic Service Integration and Policy Branch TeL (905) 830-4444 ext. 2056 Fax: (905) 895-6045 9/18/2009 Please confirm receipt of the deputation -13- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 AukoitA RESOLUTION FORM GENERAL COMMITTEE MEETING -- SEPTEMBER 22, 2009 Delegation-(b) Moved By Seconded.By Resolution: V1 DELEGATIONS (b) Mr. Peter Paz, Program Manager Re: Smart Commute Central York RECOMMENDED: THAT Council provide direction. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED • : _ -14- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 Clark, Carol From: Peter Paz [peter@sccy.ca] Sent: Thursday, September 10, 2009 11:04 AM To: Clark, Carol Cc: Cooper, Christopher; 'Debra Scotf Subject: Smart Commute Central York Deputation Hi Carol, It was a pleasure speaking. with you this morning. I really appreciate you looking into our deputation which was send via your website on August 31. We are hoping to present to the committee of the whole on September 22. A brief description of our presentation is as follows: Smart Commute Central York (SCCY) would like the opportunity to update Council on the work SCCY has been doing over the past year. Moreover, we would like to provide details on how the Smart. Commute program has benefited residents and employers within the municipality since the program's inception in Aprif 2007. Finally we would like to request a funding amount'of $15, 000 for the upcoming fiscal year to provide additional resources to Aurora commuters, residents and businesses. Thanks again, Peter Peter Paz Program Manager Smart Corrunute Central York 470 Davis Drive Newmarket, Ontario L3Y 2P3 P:90,5i898.5900 x-225 F: 905.853,7271 C:647-338-7117 • E; peter(cDsccy.ca www.smarteommutecentral ork_ca Smart Commute Central York is now on Twitter and Facebock! www.facebook.com/smartcommute,. www.twitter. com/smartcommuteoy * Please note that my email address has changes to peter(c>)scev.ca -15 GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 AvmoxA. yocc'retty good cros<patty RESOLUTION FORM GENERAL COMMITTEE MEETING - SEPTEMBER 22, 2009 ITEM #1 Moved By Seconded By Resolution: 1. ADM09-011 — Petch Log House RECOMMENDED: THAT Council receive this report for information; and THAT Council provide direction to staff respecting the relocation of the Petch Log House. Proposed ResolutiontAmendment (if applicable): CARRIED DEFEATED -16- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 ITEM #1. TOWN OF AURORA AUR-ORA GENERAL COMMITTEE REPORT No. ADM09-011 SUBJECT: Petch Log House FROM: Neil Garbe, Chief Administrative Officer DATE; September 22, 2009 RECOMMENDATIONS THAT Council receive this report for information. THAT council provide direction to staff respecting the relocation of the Petch Log House. PURPOSE OF THE REPORT To provide Council with status on the relocation of the Petch Log House BACKGROUND The Petch Log House formerly located at 15395 Leslie Street in Aurora was.originally built in 1844 and is the oldest house in the Town of Aurora. In September 2002, The Local Architectural Conservation Advisory (LACAC) Committee passed a resolution, which was subsequently endorsed by Council that provided for protection of the Petch Log House during the development stages of the property that incorporated the lands at 15395 Leslie Street. These conditions were included in the Whitwell Development Plan including moving_ the house in its current state to a permanent location, placement on a new foundation and servicing of the house with water, sewer and electrical connections (see attached agreement). Prior to selection of a permanent site, the Petch Log House was relocated to the Town of Aurora owned Leslie Street lands (east side of Leslie Street South of Wellington Street) in 2003. The Petch Log House was moved to this temporary location by Whitwell Developments Limited to prepare the, site located in the northeast quadrant for construction. Facilities and Property staff for the Town of Aurora arranged for an initial assessment of the structural integrity of the Petch Log House to be conducted by a structural engineer specializing in heritage buildings. Mr. Moe Gurshani of AMR Engineering Limited M.Eng, P.Eng. attended the current site of the Petch Log House on Leslie Street and performed an assessment of the structure and recommended a course of action for future movement, future use and sustainability of the structure. Mr. Gurshani indicated that if the Towrr intends to use the structure to be occupied or inhabited, the structure will need to be taken apart and reassembled on a newfoundation. -17- GENERAL COMMITTEE AGENDA-SEPTEMBER 229 2009 September 22, 2009 - 2 - Report No. ADM09-011 The house must be renovated in such a way that all deteriorated logs must be removed and replaced with material that is in a more acceptable structural condition. Similar logs to the type and period of the existing logs may be used providing these are in acceptable structural condition. In addition, the floor may need to be reinforced to conform to loading requirements under the Ontario Building Code. This type of renovation process will further prolong the useable life of the structure and prevent further deterioration and damage. If the Town intends to relocate the structure in its current condition, without ever using or occupying the structure, then the structure can be reinforced locally and braced on all four corners to facilitate moving the house to another location; however, the house will experience further deterioration and damage. COMMENTS After reviewing the Petch Log House with the Lake Simcoe Region Conservation Authority (LRCSA) and the Ontario Heritage Trust (OHT) for potential placement of the Petch Log House at Sheppard's Bush, the OHT indicated that it would be more suitable to place the House at a location closer to its original location at Leslie Street. OHT also indicated that due to the work required to make the building habitable relocating the Petch Log House would not be consistent with the vision and mandate of OHT. Their suggestion was to rehabilitate the building in a location closer to its original location. The Petch Log House could serve as much needed storage, office space and meeting room space for community sports groups, in particular, the Aurora Minor Baseball Association or Leisure Services storage space. ALTERNATIVE(S) TO THE RECOMENDATIONS There are three basic options for proceeding with the Petch Log. House. 1. The house could be renovated to the extent where the exterior reflects the original design. The interior would then be restored to allow storage of materials for the Town or service clubs or other uses that would not require extensive finishes. The house could be completely restored internally and externally. The building could then be used for a community use. For instance the space could serve as office space for organizations such as Aurora Minor Ball and/or Youth soccer or other community based, non-profit groups. There would be ongoing operational costs if the house was restored. 3. Artifacts could be salvaged and documented with the Historical Society. Following that the house could be demolished. -18- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 September 22, 2009 - 3 - Report No. ADM09-011 To implement option one or two, an alternate location would be. required since OHT are inclined not to approve Sheppard's Bush as a location. Location options may depend on the ultimate use of the building. For instance, if Council was supportive of restoring the building for a use such as a club house for AMBA or AYS, the Stewart Burnett property would be logical as it is associated with the recreation uses on the property. Should Council be inclined to proceed with option 1 or 2, staff would prepare a detailed analysis including budget estimates for design and re -construction of the Petch Log House at the site for the Stewart Burnett Park and baseball diamond location adjacent to the Stronach Aurora Recreation Complex on Wellington Street, FINANCIAL IMPLICATIONS The cost for a detailed construction estimate for design and reconstruction of the Petch Log House at Stewart Burnett Park would be an amount not to exceed $5,000.00. With a detailed analysis of the relocation of the Petch Log House to Stewart Burnett Park, staff would include: • . the design costs, • renovation costs, • options for final finishing costs; and • potential funding sources including any additional park development charges. There is currently $108,000.00 allocated which was approved in the 2009 Capital Budget for the relocation of the Petch Log House to a permanent location, which was funded by Whitwell Developments Limited. Preliminary estimates provided suggest that the costs would be in excess of $400,000.00 to implement option 2. These costs could be partially offset by development charges should a use such as a club house/office for a recreation organization be approved. Should Council be inclined to direct staff to pursue option 1; staff would prepare a detailed report with cost estimates and funding sources. CONCLUSIONS Staff is requesting direction from council with respect to the future of the Petch Log House. ATTACHMENTS Attachment #1 - Letter and Photographs, AMR Engineering Limited May 9, 2009 Attachment # 2 -Agreement, Whitwell Developments (II) Limited and The Corporation of the Town of Aurora, dated June 24 2003 -19- GENERAL COMMITTEE AGENDA-SEPTEMBER 225 2009 September 22, 2009 - 4 - Report No. ADM09-011 PRE -SUBMISSION REVIEW Senior Management Team Meeting, Thursday, September 10, 2009. Prepared by. Aaron Karmazyn, Manager of Facilities & Property - Ext. 4323 �e Neil Garbe Chief Administrative Officer -20- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 ATTACHMENT-2 THIS AGREEMENT made thisZ4day of(,j` , 2003 BETWEEN: / W HITW ELL DEVELOPMENTS (1I)' LIMITED (hereinafter called the "Owner") PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF AURORA (hereinafter called the "Town") - PARTY OF THE SECOND PART WHEREAS the Owner is the owner of certain lands and premises situated in the Town of Aurora in the Regional Municipality of York and Province of Ontario (hereinafter called the "property") that are ilre subject of a draft approved plan of subdivision Dl2-00- 4A, and more particularly described in Schedule "A" attached hereto; AND WHEREAS- the Town supports, encourages and facilitates the conservation, protection and preservation of the heritage of Ontario; AND WHEREAS the Town intends to designate the original log house portion of one of the structures on the property known as the Petch log house (hereinafter called the "Building") pursuant to the Ontario Heritage Act, R.S.O. 1990, e.0.18, as being of architectural and historic value and interest once the Building has been located on Town land; AND WHEREAS the Owner wishes to relocate the Building to an interim site on the Property to facilitate the construction of a road and then at a later time to locate the Building to a site designated by the Town; AND WHEREAS the Owner and the Town desire to conserve the present .histotical, architectural, .contextual, aesthetic, scenic and heritage characteristics and conditions of the Building; AND WHEREAS to this end, the Owner and the 'town agree to enter into this Agreement (hereinafter called the "Agreement"); NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TEN DOLLARS ($10.00) of lawful money of Canada now paid by the Town to the Owner (the receipt of which is hereby acknowledged), and for other good and valuable consideration, and .in further consideration of the mutual covenants and restrictions hereinafter set forth, the Owner and the Town agree to abide by the following. 1.0 REASONS FORIDENTIFICATION 1.1 Statement of Reasons The Owner and the. Town agree that for the purposes of this Agreement the Building has been identified by the Town as having historic and architectural significance. - 1.2 Photographs Relevant to Duties of the Owner The Owner and the Town agree that, upon reasonable notice to the Owner, the Town may be permitted at its own expense to take photographs and conduct a structural survey of the Building at any reasonable time prior to and during after -21- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 the .relocation of the Building oil the Property and subsequently during the relocation to the Town owned land. 2.0 BUMS OR OWNER 2.1 Normal Reuairs and Alterations The Owner shall not, except as hereinafter set £ortlm, without the prior written approval of the Town, undertake or permit any demolition, construction, alteration, remodeling or any other thing or act which would materially affect the appearance or construction of the Building. The approval required to be obtained from the Town herein shall be deemed to have been given upon the failure of the Town to respond in writing to a written request for it within ten (10) days of receiving such request at its address as set out in paragraph 7.1 of this Agreement. If the approval of the Town is given or deemed to be given under this paragraph, the Owner, in undertaking or permitting the construction, alteration, remodeling or other thing or act so approved of, shall use materials approved by the Town, - acting reasonably in accordance with generally accepted construction standards. 2.2 Insurance The Owner shall at all times during the currency of this Agreement keep and until the Building has been located on Town owned property but in no event beyond the date that the Building has boon permanently located on Town property the Building insured against normal perils that are covetable by fire and extended coverage insurance in an amount equal to the replacement cost of the Building which shall be a minimum of $500,000.00 and the Town shall be a named insured.. The Owner shall deposit with the Director of Corporate Services for the j Town, at the time of the execution of this Agreement, a certified copy of the '.. insurance policy referred to above. All proceeds receivable by the Owner 'under any fire and extended coverage insurance policy or policies oil the Building shall be applied to replacement, - rebuilding, restoration or repair of On: Building to the fullest extent possible - having regard to the particular nature of the Building and the cost of such work. 2,3 Damage or Destnrction Time Owner shall notify the Town of any damage or destruction to the Building within 24 hours of such damage or destruction coming to the Owner's attention. In the event that the Building is dnmagcd or destroyed and the replacenment, rebuilding,. restoration or repair of it is impractical because of the financial costs involved, or because of the particular nature of the Building, the Owner shall, in writing within forty (40) days of the giving by the Owner of notice of such damage or destruction, request written approval by the Town to demolish the Building. If the approval of the Town is given or deemed to be given, the Owner shall provide the proceeds from the insurance hereinbefore mentioned to the Town and time Town shall demolish the Building at its own expense.- The Town shall use the insurance proceeds for other heritage projects in the Town. 2.4 Reconstruction by Owner If the Owner has not requested the approval to demolish referred to in paragraph 2.3 or if the Town does not give the approval to demolish referred to in paragraph 2.3, the Owner shall replace, rebuild, restore or repair time Building so as to effect the complete restoration of the Building. Before the commencement of such work, the Owner shalt submit all plans and specifications. for the replacement, rebuilding, restoration or repair of the Building to the Town for its written approval, not to be unreasonably withheld, within one hundred and thirty-five (135) days of the damage or destruction occurring to the Building. A refusal by the Town to approve my plans and specifications may be based upon choice of 22 - GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 materials, appearance, and architectural style and shall not be unreasonably withheld, The Owner shall not continence or cause restorative work to be commenced before receiving the written approval of the Town of the plans and specifications for it, and such restorative work shall be performed upon such terms and conditions as the Town may stipulate. Such approval shall be deemed to have been received upon failure of the Town to respond in writing to a written request for it within ninety (90) days of the receipt of such request by the Town. The Owner shall cause all replacement, rebuilding, restoration mid repair work on the Building to be commenced within thirty (30) days of the approval by the Town of the plans and specifications for it and to be completed within nine (9) months of commencement, subject of a Force majeure, or as soon as possible thereafter if factors beyond their control prevent completion within the said.none (9) months, and gin Owner shall cause all such worli to conform to the plans and specifications approved of and terms and conditions stipulated by the Town. 2.5 Maintenance of the Building The Owner shall at all times maintain the Building in as good as sound a state of repair as a prudent owner would normally do, so that no material deterioration in the Building's condition and appearance shall take place, including, without limiting the generality of the foregoing, taking all reasonable measures to secure and protect the Building from vandalism, fire and damagefrom inclement weather. The Owner shall secure the Building at all times with appropriate construction fencing 10 feet high in accordance with the Town's by-laws around the Building at any location that is not on Town land. The Owner shall erect a "No -trespassing" sign in a visible location on the Building indicating that the building is to be preserved and. should not. be vandalized and/or scavenged. The Owner shall securely board all wall, window and roof openings, and provide sufficient heating. to ensure the long-term preservation of the Building, 2.6 Relocation .The Owner shall be solely responsible for the relocation of the Building, including but not limited to, payment of any and all costs to an interim location on the Property and to time payment of any and all costs to a permanent location on Town owned lands, as well as any and all costs of the construction of a foundation for the Building in its new pennnnent location and (lie costs of the location of the Building on the foundation. Further, the Owner shall be solely responsible for 'providing all servicing for the Town -owned property upon which the Building shall be permanently relocated, including but not limited to, the provision of water, storm and sanitary sewers and all utilities. 2.7 Heritage Easement Agreement, The Owner shall enter into a heritage easement agreement with the Town, satisfactory to the Town's Solicitor prior to the execution of thesubdivision agreement for the draft approved plan of subdivision D12-00-4A. 2.8 ); egal Administration Fee. Upon execution of this Agreement, the Owner shall submit to time Town, payment in the amount of Nine Hundred, Seventy -Five Dollars ($975.00) as a legal fee for the preparation of this Agreement, which includes OST. -23- GENERAL COMMITTEE AGENDA-SEPTEMBER 227 2009 2.9 Breach of Owner's Obligations If the Town is of the opinion that the Owner has neglected or refused to perform any of their obligations set out in this Agreement,,the Town may, in addition to any of its other legal or equitable remedies serve on the Owner a notice setting out particulars of [tic breach and the Town's estimated maximum costs of remedying the breach. The Owner shall have thirty (30) days from receipt of such notice to remedy the breach or make arrangements satisfactory to the Town for remedying [he breach. hr the event the Owner fails to remedy the preach the Town may remedy the breach and realize on the security for the funds expended by the Town in remedying the breach. 2.10 Waiver The failure of the Town at any time to require performance by the Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Town of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. 2.11 Extension of Time Time shall be of the essence of this Agreement. Any time limits specified in this Agreement may be extended with the consent in writing of both the Owner mid the Town, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit. 2.12 Emergencies Notwithstanding the provisions of paragraph 2.1, it is understood and agreed that the Owner may undertake such temporary measures in respect of the Building as are: (1) in keepitngwith the intention of this Agreement; (2) consistent with the conservation and preservation of the Building; and (3) reasonably necessary to deal with an emergency, which puts the security or integrity of the Building, provided that the Building Code Act, 1992, S.O. 1992, c. 23, as mnended, or re-enacted from time to time is complied with and, where time permits, the Town is consulted. 3.0 USE OF PROPERTY The Owner expressly reserves for itself, its representatives, heirs, successors and assigns the right to continue the use of the Building for all purposes not inconsistent with this Agreement until the time lire Building is located on property owned by the Town at which time the ownership- in the Building shall pass to the Town. 4.0 INSPECTION Or THE PROPERTY 4.1 Inspection by Town at All Reasonable Times The Town or its representatives shall be permitted at all reasonable times to enter upon and inspect the Property upon prior written notice to the Owner of at least twenty-four (24) how's. -24- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 5 5.0 SEVERABILITY OR COVENANTS 5.1 Proper Covenants Not to Terminate The Owner and the Town agree that any and/or all covenants contained in this Agreement shall be severable, and that should any covenant in this Agreement be declared invalid or unenforceable, the remaining covenants shall not terminate thereby. 6.0 NOTICE 6.1 Addresses of Parties Any notices to be given under this Agreement shall be delivered to the parties at their respective addresses. The respective addresses of the parties for such purposes presently are as follows: The Owner WhitweltDevelopments (II) Limited 259 Yorldand Road, Suite 300 Toronto, Ontario, M2J 5B2 The Town The Corporation of the Town of Aurora 100 John West Way, Box 1000 Aurora, Ontario, IAG 6J1 Attention: Cleric The parties agree to notify each other immediately, in writing, of any changes of address from those set out above. 6.2 Service in Person or by Mail Except in the event of an interruption in the postal service, any notices to be given -under (his Agreement shall be delivered in person or sent by prepaid registered mail addressed to the parties at their respective addresses as set out in paragraph - 7.1. In the event the notice is sent by prepaid registered or certified mail, it shall be deemed to have been received on the second clear business day following the day on which the notice was sent. In the event that anotice is sent by facsimile, it shall be deemed to have been received on the next business day following the day on which the notice was sent. 7.0 SUBSEQUENT INSTRUMENTS 7.1 Subsequent hrstruments to Contain These Provisions Notice of these covenants shall be inserted by the Owner in any subsequent deed or other legal instrument by which they divest themselves either of the fee simple title to or of their possessory interest in the property on which the Building is located. 7.2 Notice to Municipality The Owner shall immediately notify the 'town in the event that they divest themselves of the fee simple title to or of their possessory interest in the property on which the Building is located. -25- GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 G IN WITNESS WHEREOF the parties hereto have hereunto axed their corporate seals attested by their respective proper signing officers in that behalf duly authorized. - SIGNED, SEALED AND DELIVERED APPROVED TOWN OF AURORA Council Committee Date Report it WHITWELLDEVELOPMENTS LIMITED Per; Name: nveyu+emu cgo�Arf�e Title: /�2/DCN7 Name: Title: ) Ilwv 6vvc @evmhorfly to lihiJ tbv Corporvllvn ) ) THE CORPORATION OF THE TOWNOR ADli�RA t MIT . Pim Jo Titlb;, ayor Name: ob Pani za Title: Town Cleric - 26 GENERAL COMMITTEE AGENDA-SEPTEMBER 22, 2009 7 SCITEDULE "A" ALL AND SINGULAR TIIAT certain parcel ortractof land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality. of York, and being composed of PartofLots 21 and 22, Concession 3 Whitchurch as in R567643, except Part 3 on Plan 65R-21470 -27- ATTACHMENT