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AGENDA - Council - 20090526AGENDA NO.09-15 TUESDAY, MAY 26, 2009 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE May 22, 2009 AumoRA TOWN OF AURORA COUNCIL MEETING AGENDA NO. 09-15 Tuesday,' May 26, 2009 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA :iXK�7Jih�11�►1�7� 71 THAT the agenda as circulated by the Corporate Services Department be approved as presented. 111 OPEN FORUM IV ADOPTION OF MINUTES Special Council - Development Charges meeting minutes of pg. 1 Wednesday May 6, 2009 RECOMMENDED: THAT the Council minutes of Wednesday May 6, 2009 be adopted as printed and circulated. Council meeting minutes of Tuesday, May 12, 2009 pg. 7 RECOMMENDED: THAT the Council minutes of Tuesday, May 12, 2009 be adopted as printed and circulated. Council Meeting Agenda Tuesday, May 26, 2009 Page 2 of 5 V PRESENTATIONS VI PUBLIC SERVICE ANNOUNCEMENTS VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION IX DELEGATIONS (a) Ms Lynda Townsend, Townsend, Rogers LLP pg. 15 Re: By-law 5136-09 - Development Charges X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT None Xll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Xlll CLOSED SESSION THAT Council resolve into a Closed Session to consider: • personal matters about an identifiable individual, including municipal or local board employees; Council Meeting Agenda Tuesday, May 26, 2009 Page 3 of 5 XIV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5135-09 BEING A BY-LAW to amend parking By-law pg. 47 4574-04.T as amended, with respect to parking on Pinnacle Trail 5136-09 BEING A BY-LAW to set and levy the rates pg. 48 of taxation for the taxation year of 2009 (Related to Report FS09-024 - May 19 GC) 5139-09 BEING A BY-LAW to establish Development pg. 52 Charges for the Town of Aurora and to Repeal Aurora Development Charge By- law 4533-04.F (Related to Report FS09-025 - May 6 SPC) 5141-09 BEING A BY-LAW to declare as surplus pg. 63 and sell Part of Lot 21, Con. 2, Part 2 65R-2640 (15286 Leslie Street, Aurora) (Related to Report ADM09-007 - May 19 GC) 5147-09 BEING A BY-LAW to appoint Parking pg. 65 Control Officers to issue Parking Infraction Notices in the Town of Aurora of Aurora 5146-09 BEING A BY-LAW to confirm actions by pg. 67 Council Resulting from Council Meeting 09-15 on Tuesday, May 26, 2009 XV ADJOURNMENT Council Meeting Agenda Tuesday, May 26, 2009 Page 4 of 5 AGENDA ITEMS 1. General Committee Meeting Minutes, Tuesday, May 19, 2009 pg. 17 RECOMMENDED: THAT the minutes of the General Committee Meeting of Tuesday, May 19, 2009, be received and the recommendations carried by the Committee be approved. 2. ADM09-008 — Proposed Stewart Burnett Park Senior Baseball pg. 29 Facility RECOMMENDED: THAT Council provide direction to staff on the future use of the remaining lands at Stewart Burnett Park. 3. Adoption of Recommendations from Closed Session Meeting of pg. 43 April 28, 2009 RECOMMENDED: THAT the recommendation from the Closed Session meeting held on April 28, 2009 regarding the following matters be approved: • Proposed or Pending Acquisition of Disposition of Land for Municipal or Local Board Offer to Purchase Agreement; • Proposed or Pending Acquisition of Disposition of Land for Municipal or Local Board Offer to Purchase Agreement; • Personal Matters about an identifiable individual, including Municipal or Local Board Employees Adoption of Recommendations from Closed Session Meeting of May 5, 2009 RECOMMENDED: THAT the recommendation from the Closed Session meeting held on May 5, 2009 regarding the following matters be approved: Council Meeting Agenda Tuesday, May 26, 2009 Page 5 of 5 4. • Personal Matters about an identifiable individual, including Municipal or Local Board Employees THAT Council appoint Deborah Latimer to the Traffic Safety Advisory Committee. • Litigation or Potential Litigation, including matters before Administrative Tribunals affecting the Municipality or Local Board; • Proposed or Pending Acquisition of Disposition of Land for Municipal or Local Board. (Referred to item 7 from General Committee meeting of May 5, 2009) THAT the Referred item 7 be deferred for two weeks. Memorandum from Mr. Chris Alexander, By-law Services Manager pg. 45 Re: Parking Control Officers Appointment By-law 5147-09 (Related to By-law 5147-09 on this Agenda) RECOMMENDED: THAT By-law Number 5147-09 be adopted by Council to appoint three employees of Justice Security Services as Parking Control Officers for the Town of Aurora. COUNCIL AGENDA MAY 12, 2009 Aurt,oRA ,}'nu.Ye iro Qn6cG CncuinaKy RESOLUTION FORM - COUNCIL MEETING MAY 26, 2009 - SP Council Minutes May 6109 Moved By Seconded By Resolution: IV ADOPTION OF MINUTES Special Council - Development Charges meeting minutes of Wednesday May 6, 2009 RECOMMENDED: THAT the Council minutes of Wednesday May 6, 2009 be adopted as printed and circulated. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED Page 1 OF 1 -7- COUNCIL AGENDA MAY 92, 2009 Previous Minutes Auk TOWN OF AURORA SPECIAL COUNCIL MEETING. MINUTES DEVELOPMENT CHARGES NO. 09-13 Wednesday, May 6,.2009 7:00 p.m. Council Chambers ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins - Wakes, Gaertner, Gallo, MacEachem, McRoberts and Wilson. MEMBERS ABSENT Councillor Granger was absent. OTHERATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Manager of Building and Development, Director of Planning, Director of Public Works, Director of Financial Services/treasurer, Town Solicitor and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:15 p.m. I DECLARATIONS OF PECUNIARYINTEREST Councillor Gallo declared -an interest in added item 3 - correspondence from Ms Lynda J. Townsend, Townsend, Rogers LLP Barristers and Solicitors, due to an employment relationship with a company represented by the firm, and did not take.part in any questions In this regard or attempt in any way to influence the voting on such questions. Councillor Collins-Mrakas declared an interest in added item 3 - correspondence from Ms Lynda J. Townsend, Townsend, Rogers LLP Barristers and Solicitors, due to an employment relationship of a direct family member with a company . represented by the firm, and did not take part in any questions in this regard or attempt in anyway to influence the voting on such. questions. Councillors Collins-Mrakas and Gallo, having previously declared an interest in added item 3, did. not take part in or vote on any questions in this regard or attempt in any way to Influence the voting on such questions. 11 APPROVAL OF AGENDA Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the agenda as circulated by the Corporate Services Department, with the following additional Items, be approved: DELEGATIONS PERTAINING TO ITEM 1 FS09-025 - Update to Development Charges By-law ➢ Delegation b) Mr. Stephen Dupuis ➢ Delegation c) Mr. Ed Warankie, on behalf of Mr. Remo Agostino, the Daniels Corporation - -2- COUNCIL AGENDA MAY 12r 2009 Minutes of Special Council -.Development Charges Meeting Tuesday, May 6, 2009 NEW ITEMS - CORRESPONDENCE PERTAINING TO ITEM 1 FS09-025 - Update to Development Charges By-law ➢ Item 2 Correspondence from Mr. Vince Santino, Manager of Land Development, Minto Communities (Toronto) Inc. ➢ Item 3 Correspondence from Ms Lynda J. Townsend, Partner Townsend, Rogers LLP Barristers and Solicitors ➢ Item 4 Correspondence from Mr. Claudio Maggioni, Vice -President, Country Wide Homes ➢ Item 5 Correspondence from Mr. Carlo Baldassarra, President Greenpark Group of Compahles c/o Santorio Holdings Inc. ➢ Item 6 Correspondence from Mr. Savino Del Degan, President Royalcliff Homes Inc. and Royalcliff Homes Bayview Inc. ➢ Item 7 Correspondence from Mr. Nik Mracic, Vice -President Metrus Development Inc. and A,S.O,'of St. John's Road Development Corp. ➢ Item 6 Correspondence from Mr. NIk Mracic, Vice -President Metrus Development Inc. and A.S.O. of Preserve Homes Corporation ➢ Item 9 Correspondence from Mr, Patrick O'Hanlon, President Kylemore (Beyvlew Meadows) Ltd. ➢ Item 10. Correspondence from Mr. Andrew De.Gasperis, President Preserve Homes Corporation CARRIED It/ DELEGATIONS a) Mr. Craig Binning of the Hemson Group Re: Development Charges Background Study Mr. Craig Binning of the Harrison Group provided an overview of the objectives of the Development Charges Background Study and the methodology and policies that were followed while conducting ,the study, resulting in the recommended changes to the Development Charges By-law. Mr. Binning provided the calculated charges in comparison with the existing charges and cautioned Council, with regard to phasing or reducing development charges, to consider that this could result in reducing development charge revenues. Mr. Binning explained that this would leave the Town in a position Where alternate sources of revenue would need to be found to finance planned Capital Programs, alternatively, this would require a Council approved reduction in the Capital Programs and associated service levels. Mr. Binning summarized several major factors contributing to the recommended Increase to municipal development charges and provided a timetable for the decision making process to be carried out. Moved by Councillor Buck Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to item 1. CARRIED COUNCIL AGENDA MAY .12, 2009 Minutes of Special Council - Development Charges Meeting Tuesday, May 6, 2009 b) . Mr. Stephen Dupuis Re: Item 1- F809-025 - Update to Development Charges By-law Mr. Stephen Dupuis, President and Chief Executive Officer of the Building Industry and Land Development Association, provided a statistical history of the increases in development charges in comparison with the decrease in home sales and values over the last year in Ontario: Mr. Dupuis expressed concern regarding:Council's consideration of raising the charges and he suggested that the impact on developers, builders and home owners could result in further decreased sales and fewer charges to be collected, by the Town of Aurora. Mr. Dupuis requested that Council consider reducing or freezing development charges as a responsive approach to address the current economy. Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to item 1. CARRIED c) Mr. Ed Warankie, on behalf of Mr. Remo Agostino of the Daniels Corporation Re: Item 1 - F509-025 - Update to Development Charges By-law Mr. Warankie, of the Daniels Corporation, addressed Council to provide an overview of a subdivision which has been proposed in Aurora, which Is an Infill project directed at first time home buyers or the buy -down market consisting of row -houses which are each separated into three single floor dwelling units. Mr. Warankie expressed concern that the current proposed development charges for these units are calculated in the same way as townhouses resulting in equal rates to those charged to townhouse owners who enjoy a significantly larger livingspace. Mr. Warankie requested that Council revisit the definition of "apartment' to Include this type of multi -unit housing, or consider introducing gross.floor area (GFA) limits, to enable units which are below a certain threshold to be charged appropriately. Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT the comments of the delegate be received and referred to item 1. CARRIED Councillors Collins-Mrakas and Gallo, having previously declared an interest in added item 3, did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. d) Ms Lynda J. Townsend, Townsend, Rogers LLP Barristers and Solicitors Re: Item 1 - FS09-025 - Update to Development Charges By-law Ms Lynda J. Townsend, of Townsend, Rogers LLP Barristers and Solicitors, advised that, upon reviewing the study It seems apparent that the bulk of the. current financial burdens have fallen on the developers and the building Industry, resulting in a huge Impact on home owners and particularly new home buyers. Ms Townsend requested that Council not make a decision at this time, but rather work together with herself, on behalf of her clients, and Town staff to find a new strategy for cost sharing and to address current fiscal challenges in a more proactive and fair way. Ms Townsend advised that she would be happy to come back to the General Committee meeting scheduled for May 19, 2009, however she would not be available on May 26, 2009 when Council is scheduled to make the final decision on this matter. Ms Townsend advised her firm has submitted a letter outlining a list of questions and issues. (refer to additional item 3) -4- COUNCIL AGENDA MAY 12, 2009 Minutes of Special Council - Development Charges.Meeting Tuesday, May.6, 2009 Moved by Councillor Gaertner Seconded by CouncillorMacEachem THAT the comments of the delegate be received and referred to item 1. CARRIED e) Mr. Larry Dekkema, Ballymore Homes Re: Item 1 - FSOQ-025 - Update to Development Charges By-law Mr. Latry Dekkema, of Ballymore Homes expressed concern with regard to the current struggling economy and it's impact on the development industry, suggesting that this is an inappropriate time to Increase development charges. Mr. Dekkema requested that Council consider granting an exception and maintain the current rates for existing lots which are serviced and registered; as they are already part of the existing Infrastructure. Moved by Councillor Gallo Seconded by Councillor Buck THAT the comments of the delegate be received and referred to.item 1. CARRIED IV CONSIDERATION OF ITEM 1. FS09.025 - Update to Development Charges By-law Moved by Councillor Wilson Seconded by Councillor McRoberts THAT all comments, questions and suggestions arising from the statutory Public Meeting be referred to staff for consideration, and that staff continue to dialogue with concerned parties; and THAT staff prepare an interim report to Include alternatives, options and a draft By-law for review, to be presented at the General Committee meeting on May 19, 2009; and THAT the final By-law be presented to Council on May 26, 2009, for adoption pursuant to the requirements of the Development Charges Act, 1997. CARRIED Councillors Collins-Mrakas and. Gallo, having previously declared an Interest In added item 3, did not take part in or vote on any questions in this regard or attempt in any way to Influence the voting on such questions. ADDITIONAL ITEMS - CORRESPONDENCE PERTAINING TO ITEM 1 FS09.025 - Update to Development Charges By-law 2. Correspondence from Mr..Vince Santino, Manager of Land Development, Minto Communities (Toronto) Inc. (Addedttem) 3. Correspondence from Ms Lynda J.Townpend, Partner - Townsend, Rogers LLP Barristers and Sollcitors (Added Item) 4. Correspondence from Mr. Claudio Maggloni, Vice -President, Country Wide Homes (Added Item) 5- COUNCIL AGENDA MAY 125 2009 . Minutes of Special Council - Development Charges Meeting . Tuesday: May 6, 2009 5. Correspondence from Mr. Carlo Baldassarra, President Greenpark Group of Companies clo Santorio Holdings Inc. (Added Item) 6. Correspondence from Mr. Savino Del Degan, President Royalcliff Homes Inc. and Royalcliff Homes Sayview Inc. (Added Item) 7. Correspondence from Mr. Nik Mracic, Vice -President Metrus Development Inc. and A.S.O. of St. John's Road Development Corp. - (Added Item) 8. Correspondence from Mr. Nik Mracic, Vice -President Metrus Development Inc. and A.S.O. of preserve Homes Corporation (Added Item) 9. Correspondence from Mr. Patrick O'Hanlon, President ' Kylemore (Bayview Meadows) Ltd. (Added Item) 10. Correspondence from'Mr. Andrew De Gasperis, President Preserve Homes Corporation (Added Item) Moved by Councillor MacEachern . Seconded by Councillor Buck THAT the additional items of correspondence be referred to staff. CARRIED V READING OF BY-LAW Moved by Councillor Buck Seconded by Councillor MacEachern THAT the following listed by-law be given 1st,.2nd and 3rd readings, and enacted: 5138-09 BEING A BY-LAW to confirm actions by Council Resulting from Special Council Meeting 09-13 on May 6, 2009 CARRIED V/ ADJOURNMENT Moved by Councillor McRoberts THAT the meeting be adjourned at 9:56 p.m. CARRIED PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK 6 COUNCIL AGENDA MAY 12, 2009 AURPRA RESOLUTION FORM COUNCIL MEETING MAY 26, 2009 - Council Minutes May 12/09 Moved By Seconded By Resolution: IV ADOPTION OF MINUTES Council Minutes of May 12, 2009 RECOMMENDED: THAT the Council minutes of May 12, 2009 be adopted as printed. and circulated, Proposed Resolution/Amendment (if applicable): COUNCIL AGENDA MAY 12, 2609 Previous Minutes AURORA TOWN OF AURORA COUNCIL MEETING MINUTES NO. 09-14 Council Chambers Aurora Town Hall Tuesday, May 12, 2009 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gallo, Granger, MacEachern, McRoberts and Wilson. MEMBERS ABSENT Councillor Gaertner was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/Treasurer, -Town Solicitor and Council/Committee Secretary.. Mayor Morris called the meeting to order at 7:04 p.m I DECLARATIONS OF PECUNIARY INTEREST Councillor McRoberts declared an interest in item 1(14) - FS09-020 - - Amendment to Storm Sewer Charge for Commercial and/or Industrial Businesses Occupying More Than One Unit at the Same Property Address, due to the employment of his spouse in one of the identified businesses, and did not take part in any questions in this regard or attempt in any way to influence the voting on such questions. Councillor Collins-Mrakas declared an interest in item 1-b of the closed session agenda, due to a family member's contractual relationship with an identified employer, and did not take. part in any questions in this regard or attempt in any . - way to influence the voting on such questions. Il APPROVAL OF AGENDA Moved.by Councillor MacEachern Seconded by Councillor Buck THAT the agenda as circulated by the Corporate Services Department, with the following additional item, be approved: ➢ New Item 2 - Correspondence from Mr. Sean Ramsaran Re: Item 1(2) - General Committee Meeting Minutes of Tuesday, May 5, 2009 (Item 2) - TSAC09-04 - Multi -Way Stop Control Request at Timpson Drive and Dinsmore Terrace Intersection CARRIED -8- COUNCIL AGENDA. MAY 12, 2009 Minutes of Council Meeting Tuesday, May 12, 2009 ❑l OPEN FORUM Ms Sher St. Kitts, volunteer and Chair of the Canada Day Parade Sub - Committee addressed Council to advise of her intent to lodge a formal undirected harassment complaint on behalf of the Canada Day Parade Sub -Committee and the Aurora Dream Team pertaining to Councillor Evelyn Buck and advised that she would provide a written submission, when it has been formally prepared. Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the provisions within the Procedural By-law be waived to allow the comments to be introduced as part of the record. CARRIED - Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Ms St. Kitts submit a copy of the comments to the Chief Administrative Officer and the Town Solicitor. On a recorded vote the motion was CARRIED. YEAS: 7 NAYS: 1 VOTING YEAS: Councillors Collins-Mrakas, Gallo, Granger, MacEachern, McRoberts, Wilson and Mayor Morris . VOTING NAYS: Councillor.. Buck Councillor Gaertner was absent. IV ADOPTION OF MINUTES Special Council- Public Planning Minutes of April 22, 2009 Moved by Councillor Wilson Seconded by Councillor Gallo THAT the Public Planning minutes of April 22, 2009 be adopted as printed and circulated. CARRIED Council Minutes of April 28, 2009 Movedby Councillor MacEachern Seconded by Councillor McRoberts THAT the Council minutes of April 28, 2009 be adopted as printed and circulated.. CARRIED -9- COUNCIL AGENDA MAY 125 2009 Minutes of Council Meeting Tuesday, May 12, 2009 V PRESENTATIONS a) Presentation of Plaques to the Anti -Litter Poster Contest Finalists Mayor Morris advised that this was the 7" annual Anti -Litter Poster Contest with entries from 145 grade 4 students representing.7 elementary schools. Mayor Morris introduced Ms Catherine Marshall, organizer and judge of the event. Ms Catherine Marshall thanked the Mayor and staff for helping with this contest which encourages creativity, originality and environmental awareness in Children at the grade 4 level. Ms Marshall recognized her fellow judges; Mr. Andy McClure, Mr. Bud Switzer and Mayor Phyllis Morris. Mayor Morris, Ms Marshall and Mr. Switzer announced and presented plaques to the winner and finalists, of the 2009 Anti -Litter Poster Contest, as follows: Winner: Ms Brooklyn Barbeno, Holy Spirit Catholic School (Ms Lalonde) Finalists: Mr. Rohan Adiyodi, Aurora Senior Public School (Mrs. Baskin) Ms Cierra Bird, Lester B. Pearson Public School-(Mme Franklin) Ms Haley Buck, Regency Acres Public School (Mrs. Judges) Ms. Erin Cross, Holy Spirit School (Ms Lalonde) Ms Ashley Deckert, Regency Acres Public School (Mrs. Judges) Mr. Marcus Dietz, Regency Acres Public School (Mrs. Judges) Ms Britney Looije, Holy Spirit School (Ms Lalonde) Mr. Daniel Sominski, Highview Public School (Mrs. Saxena) Mc Kyle Wulle, Highview Public School (Mrs. Saxena) b) York Catholic District School Board Presentation of the Environment Award to the Town of Aurora Ms Francis Bagley, Superintendent of Education for the York Catholic District School Board, addressed Council to present the Town of Aurora - with the first "York Catholic District School Board Municipal Environmental Award". Ms Bagley advised that the Town of .Aurora was chosen the winner of this award, being the first of its kind, because of the Towns leadership role in municipal waste management and environmental best practices. Ms Bagley introduced Ms Cassandra Brennan and Susie Turner, Students at Cardinal Carter Catholic High School and Cc -Chairs of "Activists for a Cleaner Tomorrow" (ACT), who presented a video featuring the efforts and activities of students throughout the York Catholic District School Board, to foster environmental awareness, accountability and responsibility in their communities. COUNCIL AGENDA MAY 12, 2009 Minutes of Council Meeting Tuesday, May 12, 2009 VI PUBLIC SERVICE ANNOUNCEMENTS Councillor Wilson advised that Fire Chief John Molyneaux has announced his retirement, which will be effective as of December 31, 2009. Councillor Wilson expressed his congratulations and thanks to Chief Molyneaux for his 35 years of exemplary service and many contributions to the Fire Departments of both the Towns of. Newmarket and Aurora. Councillor Wilson noted, in particular, the leadership and dedication that was shown during the amalgamation of the Newmarket and Aurora Fire Departments six years ago. Mayor Morris advised that, on April 26, 2009, the Town of Aurora won the Hartwell Challenge - Mayor's challenge, which was issued by Newmarket Mayor, Tony Van Bynen, to see which municipality could raise the most money in donations toward the Southlake Regional Health Centre. Mayor Morris advised that the Town of Aurora raised the higher amount of $925.00 meaning that Mayor Van Bynen is obligated to wear an Aurora t-shirt displaying the words "Aurora "RUNS" a Better Town Than Newmarket" to an upcoming Council meeting. Mayor Morris advised that the Mayor's Challenge raised a total of $1,645 for the Hartwell Challenge and thanked Mayor Van Bynen for -issuing the challenge and for being a good sport. Mayor Morris advised that on Saturday, May 9, 2009, there will be a Police Week Open Hasse at Bruce's Mill Conservation Area, giving residents of York Region the opportunity to meet the officers and learn about policing in their community. Mayor.Morris "advised that May 17, 2009 to May 23, 2009 is Emergency Medical Services (EMS) week, a celebration dedicated to the achievements of the men and women on the front.lines within the EMS community. Mayor Morris advised that May 17, 2009 to May 23, 2009 is "Energy Conservation Week" and encouraged residents to find out what events are happening in their community and to do their part to conserve energy. Mayor Morris advised that Southlake Regional Health Centre is selling raffle tickets for $25 each to help build the new Regional Cancer Program. Mayor Morris advised that the Grand Prize of the raffle is. a new car and she encouraged residents to purchase tickets for this worthy cause. Mayor Morris advised that the Building Department will be open for business on May 28, 2009 from 6:00 p.m. to 8:30 p.m. to allow residents who are unable to be at the Town Hall during regular business hours to come in the evening and apply for building permits in anticipation of summer projects such as decks, garden sheds and pools. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(3) and 1(14) were. identified for discussion. IIX . DELEGATIONS None -11 COUNCIL.AGENDA MAY 12, 2009 Minutes of Council Meeting Tuesday, May 12, 2009 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of Tuesday, May 5, 2009 CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING OF TUESDAY, MAY 5 2009 Councillor McRoberts, having previously declared an interest in item 1(14). did not take part in any discussion in this regard. _ (14) FS09-020 — Amendment to Storm Sewer Charge for Commercial and/or Industrial Businesses Occupying More Than One Unit at the Same Property Address Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the policy for storm sewer charges be updated to reflect that, upon application to the Town of Aurora's Financial Services Department by a business occupying more than one commercial and/or Industrial unit at the same property address; the Storm Sewer Charge be waived for all meters in excess of the first meter. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT the balance of the minutes of the General Committee meeting of Tuesday,. May 5, 2009, be received- and the recommendations carried by the committee be approved. CARRIED I X ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor'MacEachern Seconded by Councillor McRoberts THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 2. Correspondence from Mr. Sean'Ramsaran Re: Item .1 (2) - General Committee Meeting Minutes of Tuesday, May 5, 2009 (Item 2) - TSAC09-04 - Multi -Way Stop Control Request at Timpson Drive and Dinsmore Terrace Intersection (Added Item) THAT the correspondence from Mr. Sean Ramsaran be received for information. CARRIED COUNCIL AGENDA MAY 125 2009 Minutes of Council Meeting Tuesday, Mav 12, 2009 XI REGIONAL REPORT York Region Council Highlights -March 26, 2009 Mayor's Report Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the York Region Council Highlights - March 26, 2009 - Mayor's Report be received for information. _ CARRIED X11 NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor Buck advised that she was in the Chair at the General Committee meeting of May 5, 2009, and therefore was unable to express' her concerns at that time, regarding the Leisure Services Advisory Committee Meeting Minutes of April 16, 2009, specifically regarding the two reports from the Canada Day Parade Sub -Committee. Councillor Buck advised that she would draft a notice of motion pertaining to this matter to be brought to a future meeting. Councillor Buck expressed concern regarding the proposed park and playground to be built at the former York Region water tower site, suggesting that the location and visibility from homes and the street might be too remote for children to play safely. X111 READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Gallo l THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5142-09 BEING A BY-LAW to confirm actions by Council, resulting from Council Meeting 09-14 on May 12, 2009 CARRIED XIV CLOSED SESSION AGENDA Councillor Collins-Mrakas, having previously declared an interest in item 1-b of the closed session agenda, did not take part in any discussion in this regard. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council recess to go into a closed session to consider: • a proposed or pending acquisition or disposition of land for municipal or local board; and • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board CARRIED -13- COUNCIL AGENDA MAY 12, 2009 Minutes of Council Meeting Tuesday, May 12, 2009 Moved by Collins-Mrakas Seconded by McRoberts THAT Council reconvene from closed session at 9:40 p.m. CARRIED Closed Session item 1c Re: litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Moved by Councillor MacEachern Seconded by Councillor Granger THAT the Town direct Legal Council to retain Roger Beaman to represent the Town and authorized Town staff to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's decision regarding minor variance application D13-11-07. - CARRIED Moved by CouncillorMacEachern - Seconded by Councillor Wilson THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5143-09 BEING A BY-LAW to confirm actions by Council, as reported out from closed session, resulting from Council Meeting 09- 14 on May 12, 2009 CARRIED XV ADJOURNMENT Moved by Councillor McRoberts THAT the meeting be adjourned at 9:44 p.m. CARRIED PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK -14- COUNCIL AGENDA MAY 12, 2009 AUROIzA y°wra° o`,C°mpamy RESOLUTION FORM COUNCIL MEETING MAY 26, 2009 - DELEGATION (a) Moved By Seconded By Resolution: IX DELEGATIONS (a) Ms Lyn Townsend, Townsend,:Rogers.LLP Re: By-law 5136-09 - Development Changes RECOMMENDED: THAT the comments of the delegate be received for information and referred to By-law 5136-09 - Development Charges. Proposed Resolution/Amendment (if applicable): CARRIED . DEFEATED - 15- Page 1 OF 1 COUNCIL AGENDA MAY 12y 2009 Delegation (a) "'"`"� - - Corporate Servicos Town Clerk AURORA _ 905-727.9123 info@e-aurara.ca yDbY}'rP:Ct1:lalddaLCoiyeEixisr�r - Town of Aurora - 1 Municipal Drive. .. - Box 100D, Aurofa. ON UG 6,11 - ®ELEGATh7N REt?'t1EST 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: (fir f y SUBJECT: NAME: Cn A A QG) S V ADDRESS: _ ' SfreefAddress rownlcity Postal Code PHONE:. HQME: (1S%` BUSINESS: FAXNO.: E-MAILADDRESS: I:jv-- ow^N2va NAME OF GROUP OR PERSON(S) BEING, REPRESENTED (if applicable) . C- W.e S-% G'rzog BRIEF STATEMENT OF ISSUE OR PURPOSE OF DEPUTATION Personal information on this form is collected under the togal 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 t Municipal Drive Box 1000 Aurora, ON L40 Cali Telephone 905 727-V23. - Syr aractt:r GOIII1 -lumty - 16 - COUNCIL AGENDA MAY 12, 2009 uo you're uc goad coaerpaR/ Moved By_ Resolution: RESOLUTION FORM .COUNCIL MEETING MAY 26, 2009 - ITEM 1 Seconded By 1. General Committee Meeting Minutes, Tuesday, May 19, 2009 RECOMMENDED: THAT the minutes of the General Committee Meeting of Tuesday, May 19, 2009, be received and the recommendations; carried by the Committee be approved. Proposed Resolution/Amendment (if applicable): CARRIED DEFEATED - 17- Page 1 OF 1 COUNCIL AGENDA, MAY 12.1 2009 ITEM #1 AURORA TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 09-17 Council Chambers Aurora Town Hall Tuesday, May 19, 2009 ATTENDANCE COMMITTEE MEMBERS MEMBERS ABSENT OTHER ATTENDEES Councillor Wilson in the Chair; Councillors Buck (arrived at 7:18 p.m.), Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern (arrived at 9.:18 p.m.), McRoberts, and Mayor Morris None Chief Administrative Officer, - Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of .Planning, Director of Public Works, 'Director . of Financial Services/ Treasurer, Town Solicitor and Council/Committee Secretary Councillor Wilson called the meeting to order at 7:04 p.m.. I DECLARATIONS OF PECUNIARYINTEREST Councillor Collins-Mrakas declared an interest in Delegation (a), due to. a family member having a contractual relationship, and did not take part in, or vote onany questions in this regard or attempt in any way to influence the voting on such questions. Councillor MacEachern declared an interest in. item 20, due to a contract between her employer and a named company, and did not take'part in,, or vote - on any questions in this regard or attempt in any way to influencethevoting on such questions. 11 APPROVAL OF AGENDA General Committee recommends: THAT. the agenda ascirculatedby the Corporate Services Department, with the following additional items, be approved: ➢ New Delegation (d) - Mr. Eric McCartney Re: Item 11 - PW09-033 — Cancellation of the Construction of Sidewalk on Old Yonge Street Y New Item 25 - Memorandum from Director of Leisure Services Re: lack -up Generator for Town Hall New Item 26 - Memorandum from'Director of Finance & Treasurer Re: Dream Team Funding Question - . CARRIED - COUNCIL AGENDA MAY 12, 2009 , General Committee Meeting Minutes Tuesday, May 19, 2009 , III ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes — May 5, 2009 General Committee recommends: THAT the General Committee Meeting minutes of May 5, 2009 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5, 11, 17, 20, 22, 23, 24,25 and 26 were identified for discussion. 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. AAC09-05 —Accessibility Advisory Committee Meeting Minutes April 29, 2009 THAT the Accessibility Advisory Committee Meeting, minutes from the April 29, 2009 meeting be received and the recommendations contained therein be approved. 2. EAC09-05 -Environmental Advisory Committee Meeting Minutes May 7, 2009 THAT the Environmental Advisory Committee Meeting minutes from the May 7, 2009 meeting be received and the recommendations contained therein be approved. 3. HAC09-04 — Heritage Advisory Committee Meeting Minutes May 11, 2009 THAT the Heritage Advisory Committee Meeting minutes from the May 11, 2009 meeting be received and the recommendations contained therein be approved. 4. YWCS09-01 —Yonge Wellington Corridor Study Steering Committee Minutes —April 20, 2009 THAT the Yonge Wellington Corridor Study Steering Committee Meeting minutes from the 'April 20, 2009 meeting be received and the recommendations contained therein be approved. COUNCIL AGENDA MAY 125 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 6. FS09-023 — Community Foundations and Cultural &:Community - Grants Programs THAT the proposed working arrangement for the provision of assistance, for community soccer participants from York Region Community Foundation be declined; and THAT the existing processes and criteria for the Arts and Culture Grants program be continued for 2009, with the modification that, following consultation with the donors of the program, the Mayor and staff have full autonomy from the donors in preparing grant recommendations for Council; and THAT 'the existing processes and criteria for the Community Grants program be continued for 2D09; and THAT staff from Leisure Services and Finance Departments develop a proposed unified program of community and cultural grants, including - details with respect to funding, eligibility criteria, application, evaluation and granting processes, and, report to General Committee in the fall 2009, 7. FS09.024 — 2009 Property Tax Ratios and Tax Rates. THAT the property tax rates for the 2009 taxation year for the Town of Aurora. be approved as set out in Attachment. #1 to report FS09-024, summarized as follows: y Class Tax Rate Residential/Farm 0.00364859 Multi -residential 0.00364859 Commercial 0.00440386 Industrial . 0.00501207, Pipeline 0.00335305 Farmland 0.00091215 Managed Forest 0.00091215 Broad Propert THAT By-law 5139-09 establishing the 2009 Property Tax Rates for the Town of Aurora be approved at the Council Meeting scheduled for May 26,2009. 8. PW09-028 - Increase Contract Value of Bid PW2009-06 for the Supply of Street Sweepers THAT Council increase the value of the contract with A&G The Road Cleaners Ltd from $33,000 to a revised limit of $46,000 (exclusive of GST) for the supply and operation of four or more contracted street sweepers; and THAT this increase be approved to take advantage of the bid unit price of $75.00 per hour to provide required street sweeping services for 2009. -20- COUNCIL AGENDA MAY 12, 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 9. PW09-029 - Award of Bid PW2009-17 — For the Supply and Delivery of Street and Regulatory Traffic Signs THAT Tender PW2009-06 — Supply and Delivery of Street and Regulatory Traffic Signs be awarded to Maximum Signs at the tendered unit price to an upset limit of $30,000.00 plus GST per year for three years; and THAT Council authorize the Mayor and Clerk to execute the Form of Agreement between the Town of Aurora and the successful bidder. 10. PWD9-030 -.Extension of Maintenance Hole Rehabilitation Contract PW2007-91 THAT Bid No. PW2007-91 for Adjusting Existing Manhole Frame and Covers and Installing Self Levelling Maintenance Cover Systems as awarded to V.M. DiMonte be extended for the optional one-year period as provided in the contract at its original bid unit price, to a total upset value. of $63,863 plus GST. 12, PW09-034 - Minto Communities Inc. — Agreement to Construct a Retaining Wall THAT the Mayor and Clerk be authorized to execute an Agreement with Minto Communities Inc. respecting the master grading plan and the construction of the retaining wall on the rear. side -portion of Lot 20 inclusive on Plan 66M-3678. 13. PL09-046 — Application for Site Plan Approval - - Trenti Estates, Inc. - Block 182, Plan 65M-3658 and Block 147, Plan 65M-3678 Town of Aurora, Regional Municipality of York 9 Borealis Avenue File D11-04.09 THAT, subject to any issues or comments raised by Council, Site Plan Application D11-04-09 be -approved to permit the construction of a one storey commercial building approximately 1152.5m1(12,395 sq. ft.) in size; and THAT Council authorize the Mayor and Clerk to execute a Site Plan Agreement. 14. PL09-045 — Application to Amend the Zoning. By-law Hollidge Properties Inc.. . 108.224 Hollidge Boulevard Part of Block 1, Registered Plan 65M-3074. _ File D14-02.09 THAT Council receive as information the following overview of Zoning By- law Amendment Application.D14-02-09, scheduled for a Public Planning Meeting to be held on June 24, 2009. _21' COUNCIL AGENDA MAY 12, 2009. General Committee Meeting Minutes Tuesday,,May 19, 2009 15. PL09-047 - Application to Amend the Zoning By-law Richardson House Developments Inc. (Bellwood Health and Wellness Centre) 14985 Leslie Street Part of Lot 19, Concession 3, E.Y.S Pile D14-01-09 THAT Council receive- as information the following overview of Zoning By- law Amendment Application D14-01-09 scheduled for a Public Planning Meeting to be held on June 24, 2009, 16. CS09-008 — Council Pending List THAT report CS09-008 be received for information purposes. 18. CS09-007 — Newspaper Box Corrals and Waste Receptacles THAT Council direct staff to postpone the acquisition and installation of waste receptacles and newspaper box corrals on Town streets pending the review of street furniture as part of The Yonge and Wellington Corridor Study. 19. _ CS09.005 -- Pesticide Act and Ontario Regulation 63109 THAT staff promote the Province's education and awareness strategy for residents and industry stakeholders about the changes to the Pesticides - - Act and the new Ontaro Regulation 63/09 on the sale, distribution and - _ application of pesticides for cosmetic purposes. THAT Pesticide By-law 5033-08.13,.made inoperative by Section 7.1 (5) of the Pesticides Act, not be repealed for a one year period pending the outcome of any court challenges to the new provisions of the Pesticides Act and/or Ontario Regulation 63109, 21. _ ADM09-007 — Offer to Purchase from Chak Wai Cheng (In Trust) Part of Lot 21, Con. 2, Part 2, 65R-2640, . 15286 Leslie Street THAT the Offer to Purchase Agreement be. accepted and that staff be authorized to take all necessary steps to give effect to the same; and - - - THAT Council enact, at the next available Council meeting, By-law 5141- 09 to declare as surplus and sell the lands municipally known as.15286 Leslie Street, Aurora, CARRIED -22- COUNCIL AGENDA MAY 12, 2609 General Committee Meeting Minutes Tuesday, May 19, 2009 Councillor Collins-Mrakas, having previously declared an interest in Delegation(a), did not take part in or vote on any questions in this. regard or attempt in any way to influence the voting on such questions. VI DELEGATIONS (a) 'Ms Lyn Townsend, Townsend, Rogers LLP Re: Item 22 - FS09-028 — Development Charges Draft - By-law — Update Report Ms Townsend addressed General Committee to indicate that further discussions between her client and the Town should take place, and that a meeting has been scheduled for Thursday, May 21, 2009 for this purpose. General Committee recommends: THAT the comments of the delegate be received and referred to item 22 on the agenda. CARRIED General Committee recommends: THAT item 22 be brought forward for discussion.' CARRIED - 22. FS09.028 -- Development Charges Draft By-law — Update. Report General Committee. recommends: THAT the Development Charges Background Study report, as presented at a Special Meeting of Council held May 6, 2009, be amended by the replacement of Appendix B.3 with the revised schedules as set out in this report, and that the amended Background Study be adopted by Council and: a) THAT Council hereby Indicates that it intends to ensure that the increase in the need for services attributable to the anticipated development will be met, subject to. sufficient development charge revenues being generated and other Town_ affordability criteria being met; and b) THAT Council hereby indicates its intent that the future excess capacity identified in the Study shall be paid for by the development charges or other similar charges; and c) THAT Council hereby adopts the capital forecasts prepared in conjunction with the Development Charges Background Study for the Town of Aurora dated April 2009 for that purpose, subject to each project or undertaking.set out therein being subject to annual operating and capital budget approval processes of the corporation; and d) THAT Council hereby determines that no further public meetings are required under Section 12 of the Act; and THAT the transitional provisions proposed in staff report FS09-028 be incorporated into the draft development charges by-law prior to adoption; . and -23- COUNCIL AGENDA MAY 12, 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 THAT the treatment of small townhouse units as discussed in staff report FS09-028.be incorporated into the draft development charges by-law prior to adoption; and THAT the revised draft By-law #5139-09, being a By-law for the imposition of development charges be adopted to be effective June 8, 2009, and that By-law4533-04.F be repealed on that same date; and THAT, pending the outcome of the meeting on May 21, 2009 between the Director of Finance, the delegate and her client, staff be directed to make any changes to the draft Development Charges By-law and report back to Council. - - CARRIED (b) , Mr. Rolf Kaartinen - NORR Architects Ms Suganthi Kathiravelu-Lem -GO Transit =-----------'—Ret-Item 5 - PL09-043 - Application for Site Plan Review, GO Transit - Parking Garage -145 Wellington Street East Mr. Rolf Kaartinen addressed General Committee to provide an update on the progress and design of the GO Transit parking garage on Wellington Street East. Mr. Kaartinen advised that the parking garage will have 866 spaces on 5 levels, with an entrance to the first level from Wellington Street East and an entrance to the third level from the rear of the parking garage. Mr. Kaartinen also indicated that the completion date is scheduled for December 2009. Ms Suganthi Kathiravelu-Lem addressedGeneralCommittee to advise that the property ,at 92 Berczy Street has been leased for. 18 months in order to accommodateoverflowparking, and that negotiations are underway to either - - - - - lease or purchase further property. General Committee recommends: THAT the comments of the delegate be received and referred to item 5 on the agenda. CARRIED General Committee recommends: THAT item 5-be brought forward for discussion. CARRIED 5. PL09-043 -Application for Site Plan Review - GO Transit, Parking Garage 145 Wellington Street East File D11-07.09- - - General Committee recommends: THAT report PL09-043 be received as information; and THAT technical site servicing and grading related concerns, identified by the Public Works Department, be resolved through the re -submission process; and -24- COUNCIL AGENDA MAY 12, 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 THAT a revised landscaping plan be submitted to the satisfaction of the Leisure Services Department; and THAT a conceptual plan be submitted to include the proposed bus turn -around, vehicle parking design and pedestrian movement plan for the 3 Ross Street property once it is purchased. CARRIED (c) Mr. Dan Revington Re: Item 24 — Correspondence regarding Wells Street Public School Rally and Parade -Request to Waive Fee Mr. Dan Revington addressed General Committee to request that the road closure fee be waived for the Wells Street Public School Rally and Parade, scheduled for 6:30 p.m. on Monday, June 15, 2009. As well, Mr. Revington requested that the permit be issued as soon as possible. General Committee recommends: THAT the comments of the delegate be received and referred to Item 24 on the agenda, and that item 24 be brought forward for discussion. CARRIED 24. Correspondence from Mr, Dan Revington - Re: Wells Street Public School Rally and Parade - Request to Waive Fee - General. Committee recommends: - - THAT the $300 road closure fee be waived for the Wells Street Public `-School Rally and Parade; and THAT staff be directed to issue thepermitas soon as possible. CARRIED (d) Mr. Eric McCartney Re: Item 11 — PW09-033 — Cancellation of the Construction of Sidewalk on Old Yonge Street (Added item) Mr. Eric McCartney addressed General Committee to request a continuation of the sidewalk on Old Yonge Street from just north of 196 Old Yonge Street running north to St. John's Sideroad, in the interest of safety for residents. General Conimiftee recommends: THAT the comments of the delegate be received and referred to item 11 on the agenda and that item 11 be brought forward for discussion. CARRIED 25 - COUNCIL AGENDA MAY 125 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 11. PW09-033 - Cancellation of the Construction of Sidewalk on Otd Yonge Street General Committee recommends: THAT,where possible, a sidewalk be constructed on the east side of Old Yonge Street, only if it conforms to the Towns current safety standards. CARRIED Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 17. LS09-019-AquafitnessProgram - t General Committee recommends: THAT Council receive this report for information purposes. - CARRIED - _ - Councillor MacEachern, having previously declared an interest in item 20, did not take part in or vote on any questions in this. regard or attempt in any way to,influence the voting on such questions. 20. LS09-021 - Back -Up Generator for Town Hall and 25. Memorandum from Director of Leisure Services Re: Back-up Generator for Town Hall (Added Item) - General Committee recommends: THAT Council approve awarding RFP 2008-74 for the supply of a diesel back-up generator for Town Hall to Total Power Limited in the amount of - . $98,600.00; and THAT Council approve the additional funding of $8,600.00 to be allocated from the Municipal Capital Fund, DEFEATED General Committee recommends: THAT the matter pertaining to the back-up generator for Town Hag be - referred to the Chief Administrative Officer. CARRIED -26- COUNCIL AGENDA MAY 22; 2009 General Committee Meeting Minutes Tuesday, May 19, 2009 - 23. Correspondence from Mr. Brent MacKinnon, York Region Youth Mental Health Working Group & York Region TAM] Coalition _ (Tabled by Mayor Morris) - General Committee recommends: THAT the correspondence be referred to staff for a memo outlining the costs that would be waived and a comparison to last years costs. CARRIED General Committee recommends: . THAT the meeting be extended to 1Q:45 p.m. CARRIED 26. Memorandum from.Director ofFinance &'rreasurer Re: Dream Team Funding Question - - General Committee recommends: THAT the memorandum be received for information. CARRIED 7X NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Councillor Buck provided Notice of Motion pertaining to the review of the - operations, membership and terms of reference of advisory committees. X CLOSED SESSION General Committee recommends: THAT General Committee resolve into a Closed Session to consider: ➢ personal matters about an identifiable individual,. including municipal or local board employees; and ➢ a proposed or pending acquisition or disposition of land for municipal or local board CARRIED The committee recessed at 10:56 p.m. The committee reconvened at 11:59 p.m. - - General Committee recommends: THAT, with respect to staff report ADM09-005, the Town proceed with the. sale of the Town owned lands municipality known as 95 Allaura Boulevard as Is,' and - 27 - COUNCIL AGENDA MAY 12, .2009 General Committee Meeting Minutes Tuesday, May 19, 2009 THAT staff pursue securing an.easement through the environmental lands for future traillwalkway; and THAT the Town enter into a listing agreement with Cushman $ Wakefield LePage Inc. with respect to the Town -owned, lands municipality known as 95 Allaura Boulevard for the list price of $1.15 million; and THAT 95 Allaura Boulevard be removed from the list of properties of interest. CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 12:01 a.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 09-17 IS SUBJECT TO . FINAL APPROVAL AT COUNCIL ON TUESDAY, MAY 26, 2009. - _28_ COUNCIL AGENDA MAY 12, 2009 AuwoizA you'relx.�oo�G,Cocu�nscy RESOLUTION FORM - COUNCIL MEETING MAY 26, 2009 - ITEM 2 Moved By Seconded By Resolution: 2. ADM09-008 — Proposed Stewart Burnett Park Senior Baseball Facility RECOMMENDED: THAT Council provide direction to staff on the future use 'of the remaining lands at Stewart Burnett Park. Proposed Resolution/Amendment (if applicable): -29- Page 1 OF 1 COUNCIL AGENDA ,MAY 125 2009 ITEM #2 /- TOWN OF AURORA AURORA COUNCIL REPORT No. ADM09-008 SUBJECT: Proposed Stewart Burnett Park Senior Baseball Facility FROM: Allan D. Downey, Director Leisure Services Neil Garbe, Chief Administrative Officer DATE: May 26, 2009 RECOMMENDATIONS THAT Council provide direction to staff on the future use of the remaining lands at Stewart Burnett Park. PURPOSE OF THE REPORT The purpose of this report is to provide Council with responses to questions directed to staff at the April 14, 2009 meeting of Council and to provide options for a course of action to serve as a basis for Council direction to staff on the future use of remaining lands at Stewart Burnett Park. BACKGROUND On April 14, 2009 Council adopted the following recommendation: THAT report LS09-012 — Proposed Stewart Burnett Park Senior Baseball Facility be received for information and referred to the Chief Administrative Officer to provide a brief summary of the report to address and resolve this matterand to enable Council to deliberate on this matter appropriately; and THAT the summary address the following matters: • What would be the pros and. cons of not building the ball diamond facility and how would this relate to the Development Charges, • Schematic breakdown or list of potential facilities that could be built on that land, Operating costs and revenues, • Communicate with the Aurora Minor Ball Association to determine what parts of the capital project they could do without,. and what they are willing to do, with respect to operations, to keep the costs down, • What is the impact on the Development Charges By-law if the ball diamond is not built in 2009, in the form of an estimated dollar amount, -30- COUNCIL AGENDA MAY 125 2009 May 26, 2009 2 - Report No. ADM09-008 • What would be the Development Charges By-law reserve account balance if the proposed.$1.7 million project were to proceed, • Comments from the Master Recreation Plan consultant regarding the ball diamond, be included, • Substantiation of costs associated with and necessity for the earthworks to be done on the subject lands at this time, and outline the pros and cons of completing the earthworks on the entire site at this time, • The total land acreage of the lands, which is to include the Magna lands that were to be transferred to the Town as part of the Ontario Municipal Board settlement of 2003, • That parking considerations be addressed. COMMENTS The following is provided in response to the direction of Council: What would be the pros and cons of not building the ball diamond facility and how would this relate to the Development Charges? PROS: • Subject parkland becomes available for other future uses. • No further Impact on the current deficit in Development Charges Reserve Fund. CONS: • Reduction in service level to residents. • Limits growth of AMBA Program. • May require re -allocation of diamond permits and elimination of some programs. 2. Schematic breakdown or list of potential facilities that could be built on that land. • Skateboard Park • Splash pad • Playground • Youth facility with gymnasium , • Tennis • Basketball • Soccer / Football / Rugby • Baseball Diamond 3. Operating Costs and Revenues. e Operating costs = $ 22,673.07 annually • Projected Revenue = $ 6,409.62 annually -31- COUNCIL AGENDA MAY 12, 2009 May 26, 2009 - 3 - Report No. ADM09-008 4. Communicate with the Aurora Minor Ball Association to determine what parts of.the capital project they could do without, and what they are willing to do, with respect to operations, to keep the costs down. Reduction in Capital Project 1. Replace step-down dugouts with on -grade dugouts. 2. Eliminate batting cages for the visitors.. Maintenance AMBA have suggested that they are willing to participate in the operations and maintenance of the field. However, staff recommend that minimal work be performed by AMBA due to liability concerns. 5. What is the impact on the Development Charges By -Law if the ball diamond is not built in 2009, in the form of an estimated dollar amount. The baseball project was not initiated prior to the publication of the 2009 Development Charges By-law background study and was therefore not included in the historic level of service calculation. Going forward, the cost of construction for a baseball facility can be accommodated in the proposed 2009 charge. 6. What would be the Development Charges By-law reserve account balance if the proposed $1.7 million project were to proceed? 2009 Budget indicates: Without any additional contributions to the reserve from incoming development charges the balance would be: Current DC Reserve Balance (deficit) ($1,354,341.00) Less Allocation to Capital Project ($1.604,932.00) [cost excl. GSTj Forecast. Balance (deficit) ($2,959,273.00) 7. THAT comments from the Master Recreation Plan Consultant, regarding the ball diamond, be included. See attached pages from the Parks & Recreation Master Plan: • Page (iv) • Page 26 Page 32 8. Substantiation of costs associated with and necessity for the earthworks to be done on. the subject lands at .this time, and outline the pros and cons of completing the earthworks on the entire site at this time. Earthwork strictly associated with ball diamond = $316,067.00 Earthworks for the balance of the site = $169,523.00 TOTAL EARTHWORKS = "$485,580.00 PROS: . • Balance cut and fill for entire site, using economies of scale (i.e. one contract versus two contracts) • Site can be graded to drain -32- COUNCIL AGENDA MAY 12, 2o69 May 26, 2009 - 4 - Report No. ADM09-008 • Reduction in future mobilization costs. • Site can be seeded and properly. maintained CONS: . • Additional funds required • Grading will not be specific to proposed future uses, but completed to not preclude any potential use 9. What is the total land acreage of the land, which is to include the Magna lands, that were to be transferred to the Town as part of the Ontario Municipal Board settlement of 2003? . Stewart Burnett Park remaining un-developed area = 15.6 acres:. Magna Parkland dedication = 2.6 acres. The proposed senior baseball diamond will consume approximately 5 acres of the undeveloped land. The dimensions of the proposed diamond are consistent with the existing diamond at Lambert Wilson Park #4. 10.. That parking consideration be addressed. - Parking at this time can be accommodated within the existing parking lot. The primary season for baseball is opposite to that of hockey and aquatics, so few conflicts are anticipated to occur. Additional parking should be considered depending on the type of development proposed on the remaining lands. There is demand for a second senior, baseball facility in Aurora AMBA were asked and have provided current senior ball user statistics, which are as follows: 2006 2007 2008 2009 Senior Ball Players 80 91 115 145 The 2003 Recreation Master Plan, in asserting the need for a second senior baseball facility used the ratio one diamond per 20,000 residents. At a current population of approximately 52,000, the need threshold is met. The new draft master plan (not yet approved by Council) applies a ratio of one diamond per 100 users. Applying this test, the threshold would not be met. The application of threshold tests is an indicator, but does not represent the true need for a facility. The population test does not capture relative popularity of a sport. Userthresholds are difficult as well since the test doesn't capture the constraints on growth that happen as the threshold is approached. AMBA also provided information related to "usable" time, as a supplement to the threshold tests. AMBA reported that LC#4 usable time is completely booked with the exception of two time slots on Saturday evening (7:00pm and 9:00pm); which have historically been extremely -33- COUNCIL AGENDA MAY 12, 2009 May 26, 2009 - 5 - Report No. ADM09-008 difficult to book with many teams being out of Town at tournaments. AMBA have indicated that the additional diamond would allow forcontinued growth of the program (nowconstrained with available diamond time) and would also allow tournaments to be hosted, making use of the Saturday time availability. A senior baseball facility has a big footprint A senior baseball facility is a land intensive/consumptive facility. The number of users is finite (100 participants) and the usability is further narrowed by the actual structure of the diamond. A senior facility has a raised mount, longer baselines, deeper outfields, higher backstops, and includes night lighting, compared to a junior field. The raised pitcher's mound, itself, makes the usage for younger players not feasible. While the Town will need to acquire additional parkland to meet the growth demands of the Town, Stewart Burnett Park is the last remaining undeveloped parkland that the Town presently owns. The proposed senior baseball diamond would consume five acres or approximately 33% of the remaining Stewart Burnett Park for a senior baseball facility. Indexed cost in the development charges by-law for a senior baseball diamond is $770,000.00 The 2004 development charges by-law proposed the construction of two baseball facilities at a preliminary cost estimate of $550,000.00 (2004 dollars) each. Since that time, the need has been more closely examined and a revised proposal for a single, senior baseball facility has been presented. When the 2004 cost estimate is indexed to today's dollars, as the Town does with all its capital projects contained. Within the Development Charges By-law, the preliminary cost estimate is $770,000. The most recent $1,604,932.00 (excluding GST) cost estimate includes costs beyond the cost of strictly constructing a baseball diamond The latest cost estimate for the senior baseball facility was $1,604,932.00. This, however, included approximately $500,000.00 worth of works that relate to the remaining lands. This $500,000.00 included provision for earthworks, storm drainage and landscaping forthe lands not associated with the ball diamond. The actual cost of the constructing the baseball diamond is estimated at approximately $1,100,000.00. There are $144,000.00 worth of AMBA requested enhancements in the cost estimate Within the $1,100,000.00 cost estimate, AMBA has asked for two enhancements to a basic level of design valued at approximately $144,000.00. The enhancements are: • Players benches dugout (step down player benches) valued at $69,000.00. • Home and visiting batting cages valued at $75,000.00. The cost of a senior baseball diamond would be less than the baseball field expenditures contained in the development charges by-law When the enhancements are backed out of the current $1,100,000.00 cost estimate, the basic level design is currently estimated at $956,000.00. While this estimate is more than provided for in the DC by-law ($770,000.00 per field), the by-law contemplated building two -34- COUNCIL AGENDA MAY 125 2009 May 26, 2009 - 6 - Report No. ADM09-008 fields at a total indexed cost of $1,540,000.00. It should also be noted that the original cost estimate was based on the cost of the fixtures and did not include the servicing costs. These costs were excluded in the original pricing because the costs will vary depending on the preferred site of the facility. I Alternatives could be considered if Council decides not to proceed with'a senior baseball facility Council was made aware of the potential loss of the usage of the five soccer fields at St. Andrew's College through the escalation of fess that SAC charges for rental of the fields. Should Council decide that a senior baseball facility not be desirable, the Stewart Burnett lands could be used to replace these fields. This would optimize the use of the lands as soccer fields have a smaller footprint than senior baseball facilities. Another alternative to the baseball facility that Council could pursue is a multi -use, artificial turf field. that could be used for soccer, rugby, lacrosse or football. This has been recently raised to Council as a need through a delegation representing the local high schools. It is also noted as a near term priority (by 2011) in the draft Master Recreation Plan. The Master Recreation Plan, however, has not been considered by Council and therefore has no official status. ALTERNATIVE(S) TO THE RECOMENDATIONS 1. Proceed with a senior baseball facility based on the most recent cost estimate of $1,700,000.00, which includes the cost to construct the baseball facility as well as to grade and service the balance of the Stewart Burnett lands; 2. Proceed with a senior baseball facility only and include the AMBA requested enhancements to a total project cost upset limit of $1,100,000.00; 3. Proceed with a senior baseball facility with a basic design to a total project cost upset limit of $956,000,00; 4. Cancel the proposed baseball facility and examine other options such as building a soccer facility to replace the potential loss of fields at St. Andrew's College or the next priority use, which would be a multi -use (soccer, rugby, lacrosse) artificial turf field on the lands. FINANCIAL IMPLICATIONS The existing development charge by-law contemplates building two baseball diamonds at an indexed construction cost of $770,000.00 each which would be 90% funded from Development Charges and 10% funded from cash-inAeu of parkland dedication reserve. The 2004 development charge was based on constructing two fields for a total. expenditure of $1,540,000,00. The proposed 2009 Development Charges By-law could accommodate any of the variations presented in this report, including a proposed expenditure of $1.6 million (excluding GST)for - 35 COUNCIL AGENDA MAY 125 2009 May 26, 2000 •7 • Report No. ADM09-008 The proposed 2009 Development Charges By-law could accommodate any of the variations presented in this report; including a proposed expenditure of $1.6 million (excluding GST) for the baseball facility and preparing the balance of the lands for a future use as yet undetermined. There is presently a deficit in the parkland development charges fund. There are two options for funding the construction in this context. The first would be to self -finance, essentially borrowing from ourselves or secondly to borrow externally. If external financing is used, the cost of borrowing would be included in the recovery of the development charges as future development charges come in. If the funding is self -financed, we would pay ourselves back as the funds from development charges are paid in the future. If Council should decide to cancel the baseball project, the development charges collected would be spent on other parks facilities projects. CONCLUSIONS As time has progressed since the 2004 development. charges by-law, it has been determined that only one baseball facility is required. Costs have raised due in part to escalating construction costs, having a better understanding of the particular requirements of constructing the field on the Stewart Burnett lands and by including enhanced amenities. Council should also consider the merits of using five acres of available parkland for a baseball facility as compared to other potential uses. ATTACHMENTS Attachment #1 Pages IV,.26 and 32 of the Parks and Recreation Master Plan. Attachment#2 Revised cost estimate dated May 12, 2009. Senior Management Team —'May 13, 2009 Njlo�' Allan D. Down Director Leisure Services -36- Neil Garbe Chief Administrative Officer COUNCIL AGENDA MAY 12, 2009 A A no n a C 0 E E! V-i lo E A -9 2 & 2 t t oa -09 m R m M IN ul q 9 ;q 9 P, 9 H 9 f! ro Am -13 io 0 R a I L9 (2 M om WC o c1-20 Nxefgq',• E 0 00 NI-M, a 0 a QD - , A, w W , > 0 a V) Yi �w tp 0 xw @ 2 1! ETa t3 'm ow c CL a 0, Q o W c U 0 0 0 w 49 vi I c E 2 0 o E u u E E 0 w 42 w 2 0 E �: 0� c m 0 5 J� 1'o - 37 - COUNCIL AGENDA, MAY 12, 2009 .LE i O v c ' FT VJ N1,�97f� '1.f'1. k i i f�5 `o o y Qr} 3 N G G C 6 $ s € �' +c n g _ o c w 3 a• U a Y 5 , ri 1, m m l 1 Y, ;, x'r4 •( 1 V c a C C c C m m ` N uni Id -38- F$1M1 Val COUNCIL AGENDA .MAY 12, 2009 PP I r °°Jucr;'`jc Ol C N" .:�m ♦e.� ham. ,iU.'�ty, o .0 O ff .SO. QY: ETA i.,y 3 y, fi c m c 1NavOoc ° N 2> a v 3 VA AS 5 C W£ E o E r'No'' t'/ y q -00 a 'b0 .O ro vi m ro C 'Q N a N£ C 0 O G m o E i Dam',°-„ y Y E w 7w . ejr m a£' `m 8 c ui' a16i t± u h n m 5 E a v m w E 3 v .°'.' m ¢ a v c a m `m o c. H a 3 m a i O W c � E n W � O 2 �' C d N C O ; O g. v s 0- C u my N a •iroS _ d C O C UUUO46 ELL 0�f $ L o 3 3 �' v b _ y. o ^y C O 6y,nn Xi6 to .44i:';v a �. `O d y v M O2 I C.y, a C1 ro N y O. 7 d W E a m O 2:!; m ro �.. 0 5. t -39- COUNCIL A GENDA MA Y 12, 2009 -40- 9 SVE 5.1 91"M E&M. 9 ca el h4 COUNCIL AGEN MAY 125 2009 row -__---- updated cost - --- _ wedne5ai Prepared by SerdiKa Consulting Inc. I item Servicing of Ball Diamond quanta units' unit rate section subtotal Remaining with Minimal subtotal x x lump sum 1 :15zsuu,uu ZAneacr<Vici x tu_mp sum $2,800.00 x month) $1 200,00 $$2,400.00 SITE SERVICI (ayqut 2 days $50Q 00 $20,000.00 _ eess cidli up dUHng _ 40 _..— cesscleaf fip atepd of x x . _lump_ sumj $2,500.00 ,..: `r 2 month$900-00� $1,800.00 ader, ,i 2 monthL$1,G;0G $2,200.00 _.—. 1031 hn.m $13 00_ ! $13,403.00 Stfu9tlbHsigHsa7oH9oiYlh 2 each $750.00 $1,500.00 I Op Yfi�3a(ah9 t xishn + g0 I sq m I $45 00 d $4,050.00 SITE SERVICI _�— --- had'WIl:aicng etdakCHg , 1 each; $750.00 $750.00 SITE SERVICI ttse r' yf ::SI'(l= �I JIAIN7'ENANC� � =ts bnrh83 015 po(1cY@te q each . $1 010 00 $4,040.00 n blea4hers oh Ian e5ibtre H ReIy�AI�Ys , 2 1 each $9,000.00 j $18,000.00 , olagg prs=p$StbUilding ach $49 500 00 1 $49,500.00 SITE SERVICI fide 22019 cum �— $6 50- $143,123.5-0I firl`e gr�diH;g) r 1 30142 cu m _ $6 50 _ $195,923.00 (SITE SERVICI soil mlx Undet tMrf 3up�fy 6058 tonne $19 30 $116,919.40 soilmixup((erturf` instal] 3431 'tonne: $6.50 $22.301.50 ade compaction andGgWrf, .14627sq --� m. - - $0 50 $7,313.50 ---- -- ! } I � i WARWUP AREA5 - — _. ------ = -- -- top".,wm ext�gsi9nSntt 3 cPN oSM�rh�ng and ' pbytlons; �x l`�QIf�G x i x lump sum $60,000.00 1 lor? wails �1d �{ales �,, icks�to� anal tNi�1$5�J24�Ittgs tnd Iing'fQtlCe Including 317 hn m. $92.00 $29,164.06 gate ball fiadH�He gate, attin 1,1c r6sd,feh06;. r! 1 each $30 000.00 $30,000.00 Ong"s; i -41- $10,000.00 ! $10,000.00 $1,250.00 $1,260.00 $900.00 '_ ._ $900,00 $1100.00 $1,106:00 $6,701.60 $6,701,50 $750.OQ _ $760,00 $4 050A0 $750.00 $4 040.00' _.-..._._._. $18,000.00 $49.500.00 561.75 $71561.75 _ 961.50 $97 961.50 $116,919.40 - $22,301.50 --- -- $7,313.50 r $60,000.00 $29.164.00 $30,000.00 42 - COUNCIL AGENDA MAY JR,JS AuRoRA yowre iw yond Caxryarcy Moved By Resolution: RESOLUTION FORM COUNCIL MEETING MAY 26, 2009 - ITEM 3 Seconded By 3. Adoption of Recommendations from Closed Session Meeting of April 28, 2000 RECOMMENDED: THAT the recommendation from the Closed Session meeting held on April 28, 2009 regarding the following matters be approved: • Proposed or Pending Acquisition of Disposition of Land for Municipal or Local Board Offer to Purchase Agreement; • Proposed or Pending Acquisition of Disposition of Land for Municipal or Local Board Offer to Purchase Agreement; • Personal Matters about an identifiable individual, including Municipal or Local Board Employees. Adoption of Recommendations from Closed Session Meeting of May 5, 2009 RECOMMENDED: THAT the recommendation from the Closed Session meeting held on April 28, 2009 regarding the following matters be approved: • Personal Matters about an identifiable individual, including Municipal or Local Board Employees THAT Council appoint Deborah Latimer to the Traffic Safety Advisory Committee. + Litigation or Potential Litigation, including matters before Administrative. Tribunals affecting the Municipality or Local Board; • Proposed or Pending Acquisition of Disposition of Land for Municipal or Local Board. (Referred to item 7 from General Committee meeting of May 5, 2009) CARRIED _ DEFEATED _ THAT the Referred item 7 be deferred for two weeks. -43- Page 1 OF 1 COUNCIL AGENDA MAY 12, 2009 ITEM #3 Adoption of Recommendations from Closed Session Meeting April 28, 2009 That the recommendations from the Closed Session Meeting held on April 28, 2009 regarding the following matters be approved: 1. Proposed or Pending Acquisition or Disposition of Land for Municipal or Local Board Offer to Purchase Agreement 2. Proposed or Pending Acquisition or Disposition of Land for Municipal or Local Board Offer to Purchase Agreement 3. Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees Adoption of Recommendations from Closed Session Meeting May 5, 2009 That the recommendations from the Closed Session Meeting held on May 5, 2009 regarding the following matters be approved: 1. Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees THAT Council appoint Deborah Latimer to the Traffic Safety Advisory Committee, 2. Litigation or Potential Litigation, including matters before Administrative Tribunals, affecting the Municipality or Local Board 3. Proposed or Pending Acquisition or Disposition of Land for Municipal or Local Board [Referred item 7 from General Committee Meeting Agenda May 5, 2009) THAT the Referred item 7 be deferred for two weeks. -44- COUNCIL AGENDA MAY 12, 2009 AURDRA you rewgoodLoxEwry� RESOLUTION FORM COUNCIL., MEETING MAY 26, 2009 - ITEM 4 Moved By Seconded By Resolution: 4. Memorandum from Mr. Chris Alexander, By-law Services Manager Re: Parking Control Officers Appointment By-law 5147-09 RECOMMENDED: THAT By-law Number 5147-09 be adopted by Council to appoint three employees of Justice Security Services as Parking Control Officers for the Town of Aurora. Proposed Resolution/Amendment (if applicable): CARRIED. DEFEATED Page 1 OF 1 -45- ITEM #4 AunoRA ,yow're iw good c mpaay 1 Municipal Drive, Box 1000, Aurora, ON VG 6J1 Phone: 905-727-3123 ext. 4241 w .e-aurora.ca MEMORANDUM DATE: May 25, 2009 TO: Mayor and Members of Council FROM: Chris Alexander, By-law Services Manager Corporate services RE: Parking Control Officers Appointment By-law 5147-09 RECOMMENDED: That By-law Number 5147-09 be adopted by Council to appoint three employees of Justice Security Services as Parking Control Officers for the Town of Aurora. BACKGROUND: In 2002, Council approved a "Pilot Program" to authorize private security firms to ticket on private property. The program was a success and in 2004, Council approved the expansion of the program to include other interested security firms. The Town's contract requires the security Firm to provide documentation including a certificate of insurance, Articles of Incorporation, a letter of authorization from the property owner, a Provincial Security License and a list of their officers. Upon receipt of documents, the Town provides the Firm with a supply of Parking Infraction Notices for their use. These Parking Infraction Notices are tracked and the Firm is responsible for returning any spoiled or unused books. Once the Parking Infraction Notices have been issued, the motorist has the right to dispute the Parking Infraction Notice in the same manner as if it was issued by a Town Parking Control Officer. All of the fine revenue is payable and retained by the Town. The enactment of a by-law to appoint the officers of the Firm as Parking Enforcement Officers is required. Justice Security has been retained by a property management company on behalf of the property owner to provide parking enforcement on one of their properties from 9 a.m. to 5 p.m. Monday to Saturday. Staff met with the owner of Justice Security Services and the Property Manager for the property and they have provided all of the required documentation to comply with the terms of the contract. Chris Alexander By-law Services Manager Printed on 21-May-09 MAY 125 By -Laws THE CORPORATION OF THE TOWN OF AURORA By-law Number 5135-09.T BEING A BY-LAW to amend parking By-law 4574-04.T as amended, with respect to parking on Pinnacle Trail WHEREAS paragraph 1 of subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a lower -tier municipality to pass by-laws respecting highways, including parking and traffic on highways; AND WHEREAS the Council of The Corporation of the Town of Aurora enacted By-law 4574-04.T, as amended, being the Parking and Traffic Control By-law; AND WHEREAS the Council of The Corporation of the Town- of Aurora deems it necessary and expedient to amend By-law 4574-04.T, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1.. ' THAT Schedule I to By-law 4574-043, as amended, respecting No -Parking is hereby amended by the deleting the following: COLUMN1- COLUMN2—SIDE COLUMN 3-FROM:. - COLUMN 4- HIGHWAY TO: PROHIBITED TIMES OR DAYS Pinnacle Trail East From: A point 28 metres north of Anytime Pinnacle Trail east leg To: A point 124 metres north of Pinnacle Trail east leg READ A FIRST AND SECOND TIME THIS 26" DAY OF MAY, 2009. READ ATHIRD TIME AND FINALLY PASSED THIS 26" DAY OF MAY, 2009. Appmed" togonn ByL fSe kes St9w[we.• � ¢. 'Iuum,� t Dpte• !'- a fz' 9 -47- PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK COUNCIA AGENQA MAY 12, THE CORPORATION OF THE TOWN OF AURORA By-law Number 5136-09 BEING A BY-L:AW to set and levy the rates of taxation for the taxation year 2009. WHEREAS it is necessary for the Council of The Corporation of the Town of Aurora (the "Town") to levy pursuant to subsection 312(2) of the MunicipalAct, 200, S.O.2001 c. 25, as amended (the "Act"), certain tax rates on the whole of the rateable property according to the last revised assessment roll forthe Town for the purpose of raising the Town's estimated expenditures adopted for the year 2009, and these tax rates are included in the tax. rates shown on Schedule "A" to this By-law; AND WHEREAS the property classes have been prescribed by the Minister of Finance -under the AssessmentAct, R.S.O. 1990 c.A.31, as amended, and Regulations thereto; AND WHEREAS The Regional Municipality of York has approved the tax rates and lax ratios to raise their estimated expenditures adopted for the year 2009, and these tax rates are included in the tax rates shown on Schedule "A" to this By -jaw; AND WHEREAS pursuant to Ontario Regulation 400/98 made under the Education Act, - R.S:0.,1990, c.E..2, as amended by Ontario Regulation 92109, the Minister of Finance has established the Education Tax Rates for all property classes for the year 2009, and these tax rates are included in the tax rates shown on Schedule "A" to this By-law; AND WHEREAS an Interim Tax Levy was made on the Residential, Multi -Residential, Commercial, Industrial, Pipeline, Farmlands and Managed Forest classes of property, before the adoption of the estimates for the 2009 year; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: t. THAT for the property taxation year 2009,-The Corporation of the Town of Aurora shall levy upon the Residential Assessment, Multi -Residential Assessment, Commercial Assessment, Industrial Assessment, Pipeline Assessment, Farmland Assessment and Managed Forest Assessment the rates of taxation per current value assessment, as adjusted by the provisions of the Continued Protection for Property Taxpayers Act, S.0.2000. C.25, as set out in the Schedule "A" attached to this By-law; 2. THAT the estimates for the current year are as set forth in Schedule "A". attached to this By-law; 3.. THAT the levy provided for in Schedule "A" attached to this By. law shall be reduced by the amount of the interim property tax levy for toe taxation year 2009 on the Residential, Multi -Residential, Commercial, Industrial, Pipeline, Farmlands and Managed Forest, classes of property; 4. THAT for the payments -in -lieu of taxes due to The Corporation of The Town of Aurora, the actual amount due to The Corporation of the Town of Aurora shall be based on the assessment roll as returned and the properly tax rates as prescribed in Schedule "A" for the taxation year 2009; -48- MAY 12; 5. THAT.for the railway right-of-way taxes due to The Corporation of the Town of Aurora in accordance with the Regulations as established by the Minister of Finance, theactual amount due to The Corporation of the Town of Aurora shall be based an the assessment roll as returned and the property tax rates as prescribed in Schedule "A" for the taxation year 2009; 6. THAT for the utility transmission line taxes due to The Corporation of the Town of Aurora in accordance with the Regulations as established by the Minister of Finance, the actual amount due to The Corporation of the Town of Aurora shall be based on .the assessment roll as returnedandthe property tax rates as. prescribed in Schedule "A" for the taxation year 2009; THAT all taxes levied under the authority of this By-law shall be due and payable in two instalments on Monday, July 27, 2009 and Thursday, September 24, 2009. These due dates are subject to amendment by the Director of Finance, - Treasurer, or his designate, if required, to meet the statutory notice period required in the Act. _8. THAT all taxes payable to The Corporation of the Town of Aurora under the Pre - authorized Tax Payment Plans, shall be due and payable on the last business.. day of each calendar month, starting in January,- 200e and continuing as required until and Including December 31, 2009. _ 9. _ THAT the Director of Finance, Treasurer or his designate, shall add to the Collector's Roll all or any municipal charges in arrears for water and sewer billings, cutting weeds, property standards infractions, or any other charges _ which should be levied pursuant to any statute or by-law against the respective ,properties chargeable therewith and that the same shall be collected in the same manner and at the same time as all other rates or levies. 10, THAT interest at the rate of one and one quarter percent (1.25%), (15.0% per annum), shalt be levied on the. non-payment of any. instalment of the taxes or any portion thereof on the first day of each calendar month following default, but not after December 31, 2009. 11. THAT if any taxes levied pursuant to this By-law remain unpaid as of December 31, 2009, interest at the rate of one and one quarter percent (1.25%) (15,0% per annum) of the unpaid taxes shall be levied from January 1s', 2010 for each month or fraction thereof until such taxes are paid. 12: THAT if in default of any instalment by the day named for payment thereof, the subsequent instalments shall forthwith become due and payable. . 13. THAT the Director of Finance, Treasurer or his designate is hereby authorized to mail or cause to be mailed the notices specifying the amount of taxes payable•by a person liable for property taxes, addressed to them at their place of residence or place of business. 14. THAT the Director of Finance, Treasurer or his designate shall apply all payments received, including partial payments, to accounts on a consistent basis. 15. THAT Schedule "A" attached hereto shall be and form a part of this By-law. 16. THAT the provisions of this.By-law shall come into force and take effect upon third reading thereof. 17. THAT where there is a conflict between a provision(s) of this By -lain and any - ,49 - COUNCI MAY 12, other by-law of the Town of Aurora, the provision(s) of this By-law shall prevail to the extent of the conflict. 18. THAT in the event any part or provision, including any part or provisions of a Schedule(s), is declared by a court of competent jurisdiction to be void, illegal or invalid, the offending part or provision shall be considered as separate, severable and struck out from the remaining parts or provisions of this by-law which parts or provisions shall remain valid, binding and of full force and effect. READ A FIRST AND SECOND TIME THIS 26TH DAY OF MAY, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF MAY, 2009. -PHYLLIS M. MORRIS, MAYOR Approwdas to Fm - 'OyLe a(S r7dr - S�naurc. ' vat.r� zy " LUCILLE KING, TOWN CLERK -50= COUNCIL AGENDA. MAY 12y 2009 2009 PROPERTY TAX RATES 510HEOULE ok TO BY-LAW 51 M-09 Residential Taxablo: Full BIT 5,02Q4261983 0.00384859 S 21,W,M D.00S000BI Moul.R*aloonliel Taxeblo: Fell MT -Yb,748;602 0.003L4859 $ - 287,322 0.00500031 Con memle1 Taxable: Full CT 518,8751088- 0,00440389 It 2,28,244 0.0WOM06. Canon dal Taxable: Exceea - land - - C8 '23,413,740 O.00a06269 $ -72,177 0.00422510 Coolmersial Taxablo: Vansht - Land - CX - 0.054,250 0.00300269 f 132,735 000422618 CObe Buildings T.Me: Full ITT 49,08,50 0.00440305 -i 215,958 0.006035o8 ORi, Buildings Taxable: - Usooeo Land DU 4,263,11W 0.00308280 $ A1112 MOD422518 Shoppl.a Conln Triable: Full ST 81,288;288 . O.D0440385 S 298,328 0.00,60mm Texebl0: V.wt -,notC.M. Vaeantland SU J,430,0111) 0.00300209 $ 4.411 M0422510 Industrial Taxedo: Full IT ..04721,110 0.00501207 $ 414,007 0.00688D61 fro a lual Tnado:. Full 6Mood as PIL IH - 952,250 0.00501207 $ 4,823. 0.00606004 Induelrlel P.M.: Esc*.* - - Land lu - 9,011;093: 0.00325760 $- 20AW D.00446625 - lodustrlel Texebie: Vasont, "so Ix 'Pa'"O''din, 0.003267B4 $ a4,670 D.00440625 Induoldal Taxable: Farmland f 11 .-.2,984,700 OAD091215 - $ 1,002 0.0012W20 - Industrial Taxable: Full {Now - Conelroallon JT - 7,000,260. 0.00501207 f 39A05 O.WBBomi Lugo ludusUlsl Taaabla: Full LT _ -: 60,708,009 0.00501207 f 284,225 0.00BWNI PIpellr &Taashlet Full PT - '.9,190,260 0.00335305 $' 301816 0.00459574 Farm Ta ble; Full FT ".-11.001d68 0,00091216 S 1019" 0.00125020 Mnnag*d Fsroeo Taxabe: Pull IT 287,003 0.00081215 �. S '2B3' 0.00126020 ps1W, Bighl-of-My Trotabief Full WT 14,030 $. 257.88 $. 3,818 $ 363.46 $ Ralhoy Rigd-bf.Way -TM Ed Oo to Town WT .. - $. - 11,642 _ UOIIW Tranalplatrlb Taxable: - - F0114horod ae PIL UN . 164.559 $. 351.82 f 19,192 8 482:20 $ Utility TmndDladh - TO Eduo to Two UH .i 0,032 _ $ 29,651,933 0,00262000 S J4,M2,163 '0.01116940 $ 393,807 .0.00262000 $ t96p4T 0.01116910 i3,110,853 0,01$85920 a ..7,103,517 0.02429009 $ 9%927 0A0970 ,18 $ Mice 0.01700035 S - 181.929 0.00970140 S 417,730 0,01700935 'i 296,99; 0.01305926 S B79,W0 0.W429809 f 17,072 0,00070146 i. 41AO 0.01700935 f 404,151 O.01366028 i 932,66B O.U2429W9 $ 6'"u; 0.00970148 'S 13,682 0.0170006 j 566,260 0.01552479 .3 1,2oi 0.02740641 Y 6,610 0.01U62449 $ 14,039 0.02740847 f . 40.237 0.1,1009111 „ i .00.032 00781420 - 3 BB,037' 0,0t00D111 $ 210,3f4 0.01781CPI $ 2AU0 0.0MnI000 $ 1,313 0dQ279235' '$ 63,605 0.05620000 $ 118,564 0A2708168 $ 3bdi 0.01552479 $ 880,381-.---. 0.02740847.. T 42,236 nBI6M14 $ 165,730 OM,lo8393 S 46,000 0,00cewlia 3 7.559 08020235 S 380 0.00063000 f 181 - 0.00270235 -4,950 '$ Small $ 11,642 , f' (11,542)- 20,3" $ 1,206.06 $ a5,032 $ 105,932) _ Todl ":8.914.14B,bN Y6y3y31�8' 96.418.BT6 Yd3T0}fie PIL U..nd Rao RO -1,507A00-- o.OD864059 I PIL Full Rat* CF '0.341,044' 6.W440385 I PIL U*n*Tal Rao ce ' 13,827,080 OA0940385 I PIL Tarrant of lM OF 330,006 0.00440306 I P140en*rs1 Rat* - - d CW 4,136,615 0.00908289 Mal PlL Ooneml - MO 2n,230' 0.00384859 h6of-Way PIL :a WO 40,370 S 26Z08 Town 8,29T.686 S 5,700 0,0050DOBI $ Tom $ 27,929 0.00803598 $ 38,279 0.013E l)26 i 0,018 0.0OBo3698 $ _ 82,269 i 1,458 0.00600590 $ t "ll. 0.01385920 $ 12,751 0.004 6ifl i 17,476 $ Ili 0.00500061 S 1,1a, ' 1 12,474 $ 363.45 11 13096. $ 87.03 S 209.102 S 166,212 MOD Holding FOMsnC01.9p14w*Q613600- 200 Final Property Tox Rat*al3)e*Iwd-we .]SCHEDULE A TO By -LAW $ - O.00B04910 8 87,03 002428909 j 0,01043903 f 4,607 0.02429009 O.DD7307W $ - 0.00S04940 f f 4.687 COUNCIL AGENDA MAY THE CORPORATION OF THE TOWN OF AURORA By-law Number 5939-09 BEING a BY-LAW to establish development charges for the Town of Aurora and to repeal Aurora development charge By-law No. 4533.04.F WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended (the "Act"), provides that the council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased reeds for services arising from development of the area to which the by-law applies; AND WHEREAS Council has before it a report entitled "Development Charges Background Study", the Town of Aurora, dated April, 2009 (the "Study'); AND WHEREAS Notice of Public Meeting was given pursuant to section 12 of the Act on or before April 16, 2009 and copies of the Study and the proposed development charge by-law were made available to thepublicnot later than April 22, 2009; AND WHEREAS a Public Meeting was held on May 6, 2009 to hear comments and representations from all persons who applied to be heard (the "Public Meeting"); AND WHEREAS the Town's Director of Finance & Treasurer and other Town staff have reviewed the Study in light of the public comments and representations and provided a report to Council dated May 19, 2009; - - AND WHEREAS Council at its May 26, 2009, meeting adopted the recommendations from the Director of Finance & Treasurer including: a) That Council Indicate that it intends to ensure that the increase in the need for services attributable to the anticipated development will be met, subject to sufficient development charge revenues being generated and other Town affordability criteria being met; b) That Council indicate its intent that the future excess capacity identified in the Study shall be paid for by the development charges or other similar charges; c) That Council adopt the .capital forecasts prepared in conjunction with the Development Charges Background Study for the Town of Aurora dated April 2009 subject to annual budget reviews; and d) That Council determined that no further public meetings were required under. Section 12 of the Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1.0 DEFINITIONS 1,1 In this By-law, 1) "Act" means the Development Charges Act, 1997, S:O. 1997, c. 27, as amended, or any successor thereto; 2) "accessory use" means where used to describe a use, building or structure, that the use, building or structure is naturally and normally incidental, subordinate in purpose of floor area or both, and exclusively devoted to a principal use, building or structure; -52- COUNCIL A MAY 12,I�0 Town of Aurora By-law 5139-09 3) "apartment building" means a; residential building, other than a motel or a hotel, containing three or more dwelling units, where access to each residential unit is obtained through a common entrance or entrances from the street level, and the residential units are connected by an interior corridor; 4) "apartment dwelling unit' means any residential dwelfing unit within an apartment building; 5) "bedroom" means a habitable room larger than seven square metres, Including a den, study or other similar area, but does not include a living room, dining room or kitchen; 6) "benefiting area' means an area defined by a map, plan or legal description in a front -ending agreement as an area that will receive a benefit from the construction of a service; 7) ."board of education" has the same meaning as that specified in the Education Act, R.S.O. 1990, c. E.2, as amended or any successor thereto; 8) 'Building Code Act' means the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and all Regulations made under it including the Building Code, as amended, or any successors thereto; 9) "capital cost' means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or by others on behalf of and as authorized by the municipality or local board, (a) to acquire land or an interest in land, including a leasehold interest, (b) to improve land, (c) to acquire, lease, construct or Improve buildings and structures, (d)'to acquire, construct or improve facilities including, i) furniture and equipment other than computer equipment, and ii) materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1009, c. PA4, as amended, and iii)- rolling stock with an estimated useful life of seven years or more, and (e) to undertake studies in connection with any matter under the Act and any of the matters in clauses (a) to (d), including the development charge background study required for the provision of services designated in this By-law within.or outside the municipality, including interest on borrowing for those expenditures under clauses (a), (b), (c) and (d) that are growth related; 10) "commercial" means any non-residential development not defined under "Institutional" or "industrial"; 11) "Council" means the Council of the municipality; 12) "development' means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof, and includes redevelopment; -53- Page 2 of 11 COUNCIL AGENDA MAY 12, Aurora By-law 5139-09 13) "development charge" means a charge imposed with respect to this By-law; 14) "dwelling unit' means any part of a building or structure used, designed or intended to be used as a domestic establishment'in which one or more persons may sleep and are provided with culinary and sanitary facilities for their exclusive use, and shall include guest suites available for temporary use on any basis within any residential use development, but, for clarity, excludes suites contained within a. motel or hotel; 15) "farm building" means that part of a bona fide farming operation encompassing : barns, silos and other development ancillary to an agricultural use, but excludes a residential use; 16). "grade" means the average level of finished ground adjoining a building or structure at all exterior walls; 17) "gross floorarea" means in the case of a non-residential building or structure or the non-residential portion of a mixed -use building or structure, the aggregate of the areas of each floor, whether above or below grade, measured between the exterior faces of the exterior walls of the building or structure or from the centre line of a common wall separating a non- residential and a residential use, excluding, in the case of a building or structure containing an atrium, the sum of the areas of the atrium at the level of each floor surrounding the atrium above the floor level of the atrium, and excluding , in the case of a building containing parking spaces, the sum of the areas of each floor used, or designed or intended for use for the parking of motor vehicles unless the parking of motor vehicles is the principal use of the building or structure, and, for the purposes of this definition, the non-residential portion of a mixed use building is deemed to Include one-half of any area common to the residential and non-residential portions of.such mixed -use, building or structure; 18)"industrial' means lands, buildings or structures used or designed or intended for use for manufacturing, processing, fabricating or assembly of raw goods, warehousing or storage of goods, and includes office uses and the sale of commodities to the general public where such uses are accessory to an industrial use, but does not include the sale of commodities to the general public through a warehouse club; 19) "institutional' means lands, buildings or structures used or designed or intended for use by an organized body, society or religious group for promoting a public or non-profit purpose and shall include, but without limiting the generality of the foregoing, places of worship, and special care facilities; 20) 'local board" has the same meaning as defined in section 1 of the Act; 21) 'local services" means those services, facilities or things which are under the jurisdiction of the municipality and are related to a plan of subdivision or within the area to which the plan relates in respect of the lands under sections 41, 51 or 53 of the Planning Act, R.S:O. 1990, c. P.13, as amended, or any successor thereto; 22) "mixed use" means land, buildings or structures used, or designed or intended for use, for a combination of residential and non-residential uses; 23) "mobile home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer; 24) "multiple dwellings" means all dwellings other than single -detached, semi- -54- Page 3 of I COUNCIL AGENDA MAY 125 k009 II Town of Aurora By-law 5139-09 detached and apartment dwelling units; 25) "municipality" means The Corporation of the Town of Aurora; 26) "non-residential use" means a building or structure of any kind whatsoever used; designed or intended to be used. for other than a residential use and includes all commercial, industrial and Institutional uses; 27) 'owner" means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed; 28) 'place of worship" means that part of a building or structure that is exempt from taxation as a place.of worship under the Assessment Act, R.S.O. 1990, c. A.31, as amended, or any successor thereto; 29) "redevelopment' means the construction, erection or placing of one or more buildings or structures on land where all or part of a building or structure has previously been demolished on such land, or changing the use of a building or structure from residential to non-residential or from non-residential to residential; - 30) "regulation" means any regulation made under the Act; 31) "residential use' means land or buildings or structures of any kind whatsoever . used, designed or intended to be used as living accommodation for one or more individuals, and shall include, but is not limited to a single detached :dwelling, a semi-detached dwelling, an apartment dwelling unit,'a multiple dwelling unit and a residential dwelling unit accessory to a non-residential use, but shall not include institutional uses, a motel or hotel; - 32) "semi-detached dwelling" means a dwelling unit in a residential building consisting of two dwelling units having one vertical wall or one horizontal wall, but no. other parts attached, or another dwelling unit where the residential units are not connected by. an interior corridor; 33) "services" (or "service') means those services designated in Schedule "A" to this By-law; 34) "servicing agreement" means an agreement between a landowner and the municipality' relative to the provision of municipal services to specified lands within the, municipality; 35) "single detached dwelling unit' means a residential building consisting of. one dwelling unit and not attached to another structure and includes a mobile home. 2.0 DESIGNATION OF SERVICES 2.1 The categories of services for which development charges are imposed under this By-law are as follows: a) Library; b) Fire and Rescue Services; c) Indoor Recreation; d) Park Development; e) Public Works and Transportation; f) General Government; and, g) Town -Wide Engineering; - 55 Pao,, 4 of I I COUNCIL MAY12, Town of Aurora By-law 5139-09 2.2 The components of the services designated in subsection 2.1 are described in Schedule "A" to this By-law. 3.0 APPLICATION OF BY-LAW RULES 3.1 A development charge shall be payable in the amounts set out in this By-law where: . a) the lands are located in the area described in subsection 3.2; and b) the development of the lands requires any of the approvals set out in clause 3.4(a). ._ Area to Which By-law Applies 3.2 Subject to subsection 3.3, this By-law applies to all lands in the geographic area of the Town of Aurora. 3.3 This By-law shall not apply to lands that are owned :by and used for the - .purposes of;. . a) the Town of Aurora or a local board thereof; . b) aboard as defined in section 1(1) of the Education Act; as amended; or c) the Regional Municipality of York or a local board thereof. Approvals for Development 3.4 {a) A development charge shall be imposed on all lands, buildings or structures that are developed for residential or non-residential uses if the development requires: is the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act as amended; ii. The approval of a minor variance und er section 45 of the Planning Act as amended; a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act as amended applies; iv. the approval of a plan of subdivision under section 51 of the Planning Act as amended; v.. a consent under section 53 of the Planning Act as amended; Ji. the approval of a description under section 9 of the Condominium Act, 1998, S.O. 1998, c. 19, as. amended; or vii. the issuing of a permit under the Building Code Act as amended, in 11 relation to a building or structure. (b) No more than one development charge for each service designated in subsection 2A shall be imposed upon any lands, buildings or structures to which this By-law applies even though two or more of the actions described in clause 3.4(a) are required before the lands, building or structures can be developed. - .11 .. II - 56 - Page 5 of I I CO UNCI MAY 127 AGENDA Town of Aurora By-law 5139-09 (c) Despite clause 3.4(b), if two or more of the actions described in clause 3.4(a) occur at different times, additional development charges shall be imposed If the subsequent action has the effect of increasing the need.for services. - Exemptions - 3.5.1 Notwithstanding the provisions of this By-law, a development charge shall not be imposed with respect to: . a) an enlargement of the gross floor area of an existing industrial building in accordance with Section 4 of the Act, as detailed in subsection 3.5.2 b) the issuance of a building permit in accordance with subsection 2(3) of the Act; c) lands, buildings or structures used or to be used for a place of worship or the purposes of a churchyard or cemetery exempt from taxation under the Assessment Act as amended; d) the development of non-residential farm buildings constructed for bonafide farm uses; or e) Indian lands 3.5.2 As set out in section 4 of the Act, if a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the development charge that is payable in respect of the enlargement is determined in accordance with this subsection 35.2. - (a) The exemption for industrial enlargement provided for in this subsection .3.5.2 shall apply only to the enlargement of the gross floor area of an, existing industrial building. For this section; an "existing industrial building" shall have the same meaning as those terms in O: Reg. 82/98 under the Act as amended,.and at the time of application for a building permit, shall have fifty (50) per cent or more of its gross floor area occupied by industrial uses. i) Such enlargement must be.attached to, or within, the existing industrial building, but shall not be alltiched by means only.of a tunnel, bridge, passageway, shared below grade connection, foundation, footing, shared connected roof or parking facility; and ii) both the enlargement and existing industrial building must be constructed orriands owned by the same beneficial owner; and, iii) the enlargement shall be fora use for or in connection with an industrial purpose as set out in this by-law. (b) For the purposes of this subsection 3.5.2, the gross floor area of an existing industrial building shall be calculated as it existed prior to the first enlargement in respect of that building for which an exemption under section 4 of the Act is sought. (c) For the purposes of this subsection 3.5.2 only, the enlargement shall be measured to also include all prior enlargements from the existing industrial building as determined in clause 3.5.2.(b). - 57 - Pape 6 or I 1 MAY 12, Town of Aurora By-law 5139-09 (d) If the gross floor area is cumulatively enlarged by fifty (50) percent or less, the amount of the development charge in respect of the enlargement is zero. (e) If the gross floor area is cumulatively enlarged by more than fifty (50) per cent, the amountof the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows: i) determine the amount of area by which the enlargement exceeds fifty . (50) per cent of the gross floor area before the enlargement. ii) divide the amount determined under paragraph (I) by the amount of area of enlargement. Amount of Charges Residential 3.6.1 The development charges described in Schedule `tlB" to this By-law shall be imposed on residential uses of lands, buildings or structures, including a dwelling unit accessory to a non-residential use and, in the case of a mixed use building or structure, on the residential uses in the mixed -use building or structure, according to the type of residential unit, and calculated with respect to each of the services according to the type of residential use. 3.6.2 -Notwithstanding the definition of multiple dwellings, for determining development charges applicable under this by-law, a multiple dwelling unit which is less than 850 square feet of total gross floor area and having only one bedroom shall be deemed a 1 bedroom apartment" and pay the corresponding development charge set out In Schedule "B". Non.Residential Uses 3.7 The development charges described in Schedule-"B" -to this By-law shall be imposed on non-residential uses of lands, buildings or structures and, in the case of a mixed -use building or structure, on the non-residential uses in the mixed -use building or structure, and calculated with respect to each of the services according to the gross floor area of the hon-residential use. 3.8.1 bespite any other provision of this By-law, where, as a result of the redevelopment of land, a building or structure. existing on the same land within four years prior to the date of payment of a development charge in respect of such redevelopment was,or is to be demolished, in whole or in part, or converted from oneprincipaluse to another principal use on the same land, in orderto facilitate the redevelopment, the development charge otherwise payable with respect to such redevelopment shall be reduced by the following amounts: a) In the.dase of a residential or mixed -use building or structure containing residential uses, an amount calculated by multiplying the applicable development charge under subsections 3.0 and 3.7 of this By-law by the number, according to type, of dwelling units that have been or will be demolished or converted to another principal use; b) In the case of a non-residential building or structure, or in the case of a mixed -use building or structure, the non-residential uses in the mixed -use building or structure, and amount calculated by multiplying the applicable development charge under subsections 3.6 and 3.7 of this by-law by the -58- Page 7 of I I n MAY 12y Town of Aurora. By-law 5139-09 non-residential gross floor area that has been or will be demolished or converted to another principal use; provided that such amounts shall not exceed, in total, the amount of the development charges otherwise payable with respect to the redevelopment. 3.8.2 For purposes of this section, a demolition is deemed to have occurred on the date of issuance of a demolition permit, or in the case of accidental or natural destruction of the structure, the date of such occurrence. 3,8.3 Transition: Properties which underwent demolition or change of use as above in the five year period prior to the adoption of this Bylaw, shall have a five year period from that demolition orehange of use to obtain a reduction for such upon payment of the development charge in respect of the property. II Time of Payment of Development Charges 3.9 A development charge imposed under this section is payable upon issuance of the first building permit with respect to each building or structure. Where applicable, a development charge for Town -wide engineered services shall be payable upon execution of a vacant land condominium agreement, a development agreement, or,a subdivision agreement, with the remaining applicable portions of the development charge to be payable at issuance of building permit as above. '3,10 Despite subsection 3.9 of this By-law, Council, from time to time, and at any time, may enter into agreements providing for all or any part of a development charge to be paid before or after it would otherwise be payable. Transition Provision = Permits in Process at Commencement 3.11 For ground related residential properties for which building permit applications were made prior to the effective date of this by-law and for which building permits are issued within 30 days following the effective date of this by-law shall pay the Town of Aurora development charge rates which were in effect at the time of permit application. Any permits issued at the old development charge rates pursuant to this. transitional provision and which.are not seriously commenced in the opinion of the chief building official within six months of issuance may be revoked. Any permits issued pursuantto this transition provision which are subsequently substantively amended by the applicant shall be required to pay the additional amount required so that the total Town of Aurora development charges paid equals the rates imposed by this by-law in effect at the time of issuance of the amended permit. 4.0 PAYMENT BY SERVICES 4.1 Despite the payments required undersubsectlon3.9ofthis By-law, Council may, by agreement, give a credit towards a development charge in exchange forwork that relates to a service for which a development.bharge is imposed under this .By-law. -59- Page 8 of 11 COUNCI MAY 125 Town of Aurora By-law 5139-09 5.0 INDEXING 5.1 The development charges set out in Schedule "B" to this By-law shall be adjusted annually, without amendmenito this by-law, on the first day of January of each year, commencing on January 1, 2010, in accordance with the Statistics Canada Quarterly Construction Price Statistics. 6.0 SCHEDULES 6.1 The following schedules to this by-law form an integral part thereof: Schedule "A" - Components of Services Designated in subsection 2.1 Schedule "B" — Residential and Non -Residential Development Charges 7.0 DATE BY-LAW IN FORCE 7.1 This By-law shall come into force and effect on June 8, 2009 8.0 DATE BY-LAW EXPIRES 8.1 This By-law will expire five (5) years from the date of passage, unless it is repealed at an earlier date. 9.0 REPEAL OF PREVIOUS BY-LAW 9A By-laws N6.4533-04.F is hereby repealed upon the coming Into force of this By- law. READ A FIRST AND SECOND TIME THIS 26th°i DAY OF MAY, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 26" DAY OF MAY, 2009. . _. pFP eda toFo my Le fS"W' a ' �ffm nSoAcrr _6O_ PHYLLIS M. MORRIS, MAYOR LUCILLE KING, TOWN CLERK Page 9 of I I COUNC/ A MAY 12,1 0 Town of Aurora By-law 5139-09 Schedule "A" Town of Aurora Components of Service 1.0 Library Services 2.0 Fire Services 3.0 Indoor Recreation 4.0 Park Development 5.0 Public Works 5.1 Buildings 5.2 Fleet' 5.3 Parking 6.0 General Government 7.0 Town -wide Engineered Services 7.1 Roads and Related, 7.2 Sanitary Sewers 7.3 Watermalns Page 10 of 11 COUNCIL AG9NDA MAY 12, 009 Town of Aurora By-law 5139-09 Schedule "B" Town of Aurora Development Charge Summary PROPOSED RESIDENTIAL CHARGE Charge Per Unit Ty'. A arunents SERVICE - SingloslSemis Rows and Other Multiles -Two bedrooms and greater Bachelor and One Bedroom GENERAL GOVERNMENT $323 $255 $196 $147 LIBRARY $1,330 $L048 $806 $605 FIRE SERVICES $178 S140 $108 $81 RECREATION $6,019 - $4.742 $3.648 .. $2,736 PARKS $2.864 $2.267 $1,736 $1,302 PUBLIC WORKS $389 $S07 $235 - $177 SUBTOTAL GENERAL SERVICES $11105 $%749 $673D $5048 ROADS AND RELATED _ - $2,947 $2.322 $1,786 $1.340 WATER SUPPLY AND DISTRIBUTION $1.172 $923 $710 $533 SEWAGE AND SANITARY SEWERS $875 $689 $530 $398 SUB -TOTAL ENGINEERED SERVICES E499$ $3,934 $3028 $2,270 TOTAL OHARGE PER UNIT $18097 $12663 $9766 $7.317 PROPOSED NON-RESIDENTIAL CHARGE Non-Residentlal Charge per SERVICE - Square Metre GENERAL GOVERNMENT LIBRARY FIRE SERVICES $1.00 RECREATION PARKS _ - PUBLIC WORKS . $2.17 SUB -TOTAL GENERAL SERVICES $4.98 ROADS AND RELATED $15.64 WATER SUPPLY AND DISTRIBUTION $6.21 SEWAGE AND SANITARY SEWERS $4.62 SUB -TOTAL ENGINEERED SERVICES $26.47 TOTAL CHARGE PER SQUARE METRE $31.45 -62- Page I I of I I COUNCIL A MAY 12,1�0 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5141-09 BEING A BY-LAW to declare as surplus and sell Part ofLot21, Con, 2, Part 2, 65R-2640 (15286Leslie Street„ Aurora) WHEREAS The Corporation of the Town of Aurora is the owner of the lands described on Schedule "A" attached hereto (hereinafter the "Lands"); AND WHEREAS The Corporation of the Town of Aurora does not require the Lands for municipal purposes; 'SAND WHEREAS the Council of The Corporation of the Town of Aurora enacted By-law 4255-01.A to provide procedures with respect to the sale of municipal land; AND WHEREAS the Council of The Corporation of the Town of Aurora wishes to declareassurplus and sell the Lands to the adjoining owner to the north of the Lands; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. _- That the lands described in Schedule "A" attached hereto be declared surplus. 2. That the sale of the Lands be approved in accordance with the recommendations set out in Corporate Report No. ADM09-07 adopted by Council on the 261h day of May, 2009. - 3. That the Mayor and Clerk be authorized to execute all documentation in connection with the sale of the Lands. READ A FIRST AND SECOND TIME THIS 26th DAY OF MAY, 2009. READ A THIRD TIME AND FINALLY PASSED THIS 26" DAY OF MAY, 2009. PHYLLIS M. MORRIS, MAYOR Appmoelas toyonn &Content DgL tSewfees SlgamureC. �• . 'rmunSoQc" 'After / a LUCILLE KING; TOWN CLERK -63- MAY 125 SCHEDULE "A" to By-law 5141.09 All and singular those certain parcels or tracts of land and premises situate, lying and being in the Town of Aurora, in the Regional Municipality of York and being composed of Part of Lot 21, Concession 2, designated as Part 2, Plan 65R-2640, subject to Easement over Part 1, Plan 65R-29086 in favour of Imperial Oil Limited as in YR880262. F - 64 COUNCIL A MAY 12, 1120 THE CORPORATION OF THE TOWN OF AURORA By-law Number 5447-09 BEING A BY-LAW to appoint. Parking Control Officers to issue Parking. Infraction Notices in the, Town of Aurora WHEREAS subsection 15(1) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, authorizes a municipal council to appoint persons to enforce the by-laws of the municipality; AND WHEREAS persons appointed to enforce the by-laws of a municipality shall be called municipal law enforcement officers; .AND WHEREAS pursuamto subsection 15(2) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, municipal law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; _ SAND WHEREAS pursuant to subsection 1(3) of the Provincial Offences Act, R,S.O. 1990, c. P.33, as amended, a minister of the Crown may designate in writing any person or class of persons as a provincial offences officer for the purposes of all or any class of offences; AND WHEREAS the Council of The Corporation of the Town of Aurora deems it desirable to appoint certain employees as municipal law enforcement officers; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1, THAT the persons listed in Schedule "A" attached to and forming part of this By- law be and are hereby appointed as. Municipal Law Enforcement Officers to enforce the By laws of the Town of Aurora; .2. THAT the persons so appointed are, pursuant to a directive of a minister of the Crown, within a class of persons designated by the minister as provincial offences officers for the purposes of all or any class of by-law offences; 3. THAT the Clerk -of the Town of Aurora shall be authorized to issue a Certificate of Appointment, bearing her signature or a facsimile thereof to each of the Municipal Law Enforcement Officers appointed by this By-law; and 4. THAT the provisions of this By-law shall come into force and be effective when the By-law is passed. READ A FIRST AND SECONDTIMETHIS 26"' DAY OF MAY, 2009, READ A THIRD TIME AND FINALLY PASSED THIS 26" DAY OF MAY, 2009. APP'm1 dd to'FO11! - PHYLLIS M. MORRIS, MAYOR By lSewices - r� LUCILLE KING, TOWN CLERK -65- COUNCIL A MAY 125 0 SCHEDULE"A" BY-LAW NUMBER 5147-09 MUNICIPAL LAW ENFORCEMENT OFFICERS - TOWN OF AURORA Nevethanan Ganechanathan Fabrizio Malfltano. Nicolino Pugliese MAY 12, THE CORPORATION OF THE TOWN OF AURORA By-law Number 5146-09 BEING A BY-LAW to confirm actions by Council, resulting from Council Meeting 09-15 on May26, 2009 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the actions by Council at its meeting held on May 26, 2009 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 26rH DAY OF MAY, 2009, READ A THIRD TIME AND FINALLY PASSED THIS 26rH DAY OF MAY, 2069. - 67 - PHYLLIS M. MORRIS,MAYOR LUCILLE KING, TOWN CLERK ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING Tuesday, May 26, 2009 Withdrawal ➢ Delegation (a) Ms Lynda Townsend, Townsend, Rogers LLP Re: Proposed Development Charges By-law 5136-09 Additional Items ➢ NEW Delegation (a) Simon Frankruyter, Resident Re: Proposed Development Charges By-law 5136-09 ➢ New Item 5 Memorandum from the Chief Administrative Officer Re: Item 2 - ADM09-008 — Proposed Stewart Burnett Park Senior Baseball Facility RECOMMENDED: THAT the Alternatives to the Recommendations section of report ADM09-008 be amended as follows: 1. Proceed with a senior baseball facility based on the most recent cost estimate of $1,330,000.00 (excluding GST), which includes the cost to construct the baseball facility as well as to grade and service the balance of the Stewart Burnett lands; 2. Proceed with a senior baseball facility only and include the AMBA requested enhancements to a total project cost upset limit of $969,000.00 (excluding GST); 3. Proceed with a senior baseball facility with a basic design to a total project cost upset limit of $851,000.00 (excluding GST); 4. Cancel the proposed baseball facility and examine other options such as building a soccer facility to replace the potential loss of fields at St. Andrew's College or the next priority use which would be multi -use (soccer, rugby, lacrosse) artificial turf field on the lands. See next Page for More Additional Items... ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING Tuesday, May 26, 2009 CONTINUED ➢ New Item 6 Correspondence from Ms Lynda Townsend, Townsend, Rogers LLP Re: Proposed Development Charges By-law 5136-09 ➢ New Item 7 Correspondence from Ms Paula Tenuta, Director, Municipal Government Relations - Building Industry and Land Development Association (BILD) Re: Proposed Development Charges By-law 5136-09 ➢ New Item 8 Correspondence from Mr. Remo Agostino, Senior Manager of Development - The Daniels Corporation Re: Proposed Development Charges By-law 5136-09 ➢ New Item 9 Memorandum from the Director of Finance/Treasurer Re: Development Charges Consultation Update and Revised Rates RECOMMENDED: THAT Schedule B of the proposed draft By-law 5139-09, as presented by staff report FS09-028 to General Committee on May 19, 2009, be updated by substitution of the attached revised Schedule B, prior to its enactment; and THAT the revised draft By-law 5139-09, being a by-law for the imposition of development charges, be adopted to be effective June 8, 2009; and THAT By-law 4533-04.17 be repealed effective June 8, 2009. ➢ New Closed Session Item Re: Personal matters about an identifiable individual, including municipal or local board employees ADDED ITEM Delegation (a) Subject: FW: Aurora - Delegation Request Form Importance: . High To: Janzen, Cindy Subject: Aurora - Delegation Request Form Name = Simon Frankruyter GroupRepresented = York Region Christian Seniors Homes Town = Stouffville Meeting Date = May 26, 2009 Subject = Development Charges By-law Purpose = Vie development charges by-law should consider a non-residential condition for the not -for -profit seniors residences proposed by the YRCSH or a possible exemption for the residential development charges. 1 Municipal Drive, Box 1000, AT TOT A Aurora, ON L4G 6J1 Phone: 905-727-3123 ext. xxxx www.e-aurora.ca ,yow're in Good cocupaay MEMORANDUM DATE: May 26, 2009 TO: Mayor and. Council FROM: Neil Garbe, Chief Administrative Officer Town of Aurora Administration RE: Proposed Stewart Burnett Park - Senior Baseball Facility RECOMMENDED: ADDED ITEM 5 That the Alternatives to the Recommendations section of report ADM09-008 be amended as follows: 1. Proceed with a senior baseball facility based on the most recent cost estimate of $1,330,000.00 (excluding GST), which includes the cost to construct the baseball facility as well as to grade and service the balance of the Stewart Burnett lands; 2. Proceed with a senior baseball facility only and include the AMBA requested enhancements to a total project cost upset limit of $969,000.00 (excluding GST); 3. Proceed with a senior baseball facility with a basic design to a total project cost upset limit of $851,000.00 (excluding GST); 4. Cancel the proposed baseball facility and examine other options such as building a soccer facility to replace the potential loss of fields at St. Andrew's College or the next priority use which would be multi -use (soccer, rugby, lacrosse) artificial turf field on the lands. In my review of the baseball facility, I asked that a review of the costs associated with the facility be peer reviewed. The firm of Mark Setter and Associates (MSA) was retained to review the unit prices of the material contained in the SerdiKa Consulting Inc. cost estimate dated January 14, 2009 (Attachment #2). The MSA review is attached with changes in bold. The review had the following impact on the costs: Printed on 25-May-09 2- • The cost estimate, including earthworks, storm drainage and landscaping for the baseball facility as well as for pre -grading and servicing the balance of the site is $1,327,754.35 (excluding GST) [estimate in report: $1,604,932.001 • The cost estimate for the baseball facility only including the AMBA requested enhancements is $968,838.00 (excluding GST) [estimate in report: $1,100,000.00] • The cost estimate for the AM BA requested enhancements is $118,655.00 [estimate in report: $144,000.00], as follows: ■ Player benches dugout $43,655.00 [estimate in report: $69,000.00] ■ Home and visiting batting cages $75,000.00 [no change from report] • The cost estimate for the baseball facility only excluding the AMBA requested enhancements is $850,183.00 (excluding GST) [estimate in report: $956,000.00] As such, the Alternatives to the Recommendations section of report ADM09-008 should be amended as set out above. ATTACHMENTS Attachment # 1 Peer Review of Cost Estimate Prepared by Mark Setter Associates, dated May 20, 2009. Yours sincerely, Neil Garbe Chief Administrative Officer TOWN OF AURORA Peer Review of Cost Estimate Wednesday, May 20, 2009 Prepared by Mark Setter Associates quantity units unit rate item subtotal section subtotal 1 SITE PREPARATION AND SITE MAINTENANCE 1.1 Mobilization. x x lump sum $2,800. 00 ' 1.2 Demobilization. x x lump sum $2,800.00 - 1.3 Surveying and layout. Construction access clean up during construction. (8 weeks - once/week) Construction access clean up at end of project. 2 8 . x month 1lwk x $1,200.00 $500.00 lump sum $2,400.00 $4,000.00 $2,500.00 1 4 1.5 1.6 Portable toilets. 2 month $900.00 $1,800.00 1.7 Serviced site trailer. 2 month $1,100.00 $8.00 $200.00 $2,200.00 $8,248.00 $400.00 1.8 Temporaryfence. (Snow fence with T-Bar) 1031 lin.m. 1.9 Temporary construction signs along south construction limit. 2 each $27,148.00 2 REMOVALS _ 2.1 Remove exiting rip -rap along existing swale and reuse at new outfall area. 90 sq.m. $45.00 $4,050.00 2.2 Remove exiting head wall along existing Swale and dispose. 1 each $750.00 $750.00 $4,800.00 3 SPORTS FURNITURE, SITE FURNITURE, MAINTENANCE BUILDING 3.1 Aluminum players' benches on concrete footings - 4 W.H.Reynolds. each $1,800.00 $7,200.00 each $9,000.00 $18,000.00 each $35,000.00 $35,000.00 $60,200.00 3.2 mr o ea esron - 2 3.3 Maintenancelstorage pre -cast building (6m x 4m ! 20ft x 12ft). 1 4 EARTHWORKS _ 4.1 Cut (rough and fine grading). 22019 $0.00 $6.50 $0.00 $195,923.00 Cut and fill are one cu.m. operation done by the 4.2 Fill (rough and One grading). 30142 cu,m. same machinery 4.3 Outfieldlinfield soil mix under turf -supply only. 6058 tonne $19.30 $116,919.40 4.4 Outfieldlinfield soil mix under turf - install only. 3431 cu.m. $6.50 $22,301.50 4.5 Baseball subgrade compaction and crown grading at 1.0%. 14627 sq.m. $0.50 $7,313.50 $342,457.40 5 5.1 FENCING AND WARM-UP AREAS Baseball backstop, wing extensions and dugouts fencing c/w overhang and overhead fence portions; EXCLUDING dugout foundation walls and stairs; INCLUDING backstop and wings footings. lump sum $50,000.00 $92.00 $29,164.00 x x 6.2 Outfield fence and line fence Including gates and footings. 317 Iin.m. 5.3 Batting cage visiting team (20' x 80') including entry gate, ball machine gate, nylon divider netting, overhead fence portion and footings. 1 each $30,000.00 $30,000.00 5.4 Batting cage home team (40' x 80') including entry gate, ball machine gate, pylon divider netting, overhead fence portion and footings. 1 each $45,000.00 $45,000.00 $154,164.00 6 HARD SURFACING 6.1 Infield sports mix surface. 1042 $30.00 $22.00 $42.00 $31,260.00 $50,226.00 $13,104.00 sq.m. 6.2 Limestone screenings surface. 2283 sq.m. 6.3 Asphalt surface - vehicular load. 312 sq.m. ------- - -- $94,590.00 7 STORM DRAINAGE 7.1 Catch basins c/w covers. 3 each $2,900.00 $8,700.00 7.2 Maintenance hole clw cover. 1 each $4,500.00 $4,500.00 7.3 Area drain c/w cover. 1 each $750.00 $750.00 7.4 Storm pipes - 100mm dia HDPE BOSS 2000 145 lin.m. $55.00 $7,976.00 7.5 Storm pipes - 150mm dia HDPE BOSS 2000 241 lin.m. $65.00 $15.665.00 7.6 Storm pipes - 200mm dia HDPE BOSS 2000 88 lin.m. $75.00 $6,600.00 7.7 Storm pipes - 300mm dia HDPE BOSS 2000 56 lin.m. $95.00 $5,320.00 7.8 Subdrain pipes - 100mm dia. (Ball diamond sub drainage) 1770 lin.m. $27.00 $47,790.00 7.9 Outfall precast concrete headwall c/w re -installed rip -rap, x x lump sum $8,500.00 8 PLAYERS'BENCHES DUGOUTS (SEE #5 FOR FENCING) 8.1 I Poured in place concrete retaininq walls. 68 lin.m. $475.00 15 lin.m. $225.00 84 sq.m. $95.00 8.2 Poured in place concrete stairs. 8.3 Poured in place concrete floor slabs. q 9 LANDSCAPING 9.1 Deciduous trees - 60mm caliper. - COeach 9.2 Coniferous trees -2000mm height. 55 each 9.3 9.4 10 IRRIGATION AND WATER SERVICE 10.1 I Irrigation Including lapped water connection for future soccer field and directional bore under service road. 11435 sq.m. 43379 sq.m. $32,300.00 $3,375.00 $7,980.00 $375.00 $11,250.00 $375.00 $20,625.00 $3.10 $35,448.50 $0.65 $28,196.35 x I x I lump sum I $25,000.00 11 ELECTRICAL 11.1 IAII required lighting assemblies, wiring and ancillaries. _x- x lump sum $245,000.00 $43,655.00 $95,519.85 $25,000.00 (Performance and Bid Bonds - 0.5% on Subtotal Amount I I I 1 - 1 $5.991.67 1 - 0.3% on Subtotal Amount on - 5% $59,916.71 AL - $1,387,671.06 peer review is a preliminary analysis of the cost estimate prepared by Serdika Consulting Inc. on Wednesday, January 14, 2009 and hard :s of the following drawings Issued January, 2009 prepared by Serdika Consulting Inc. In conjunction with Trow Associates (Storm Water agement) and CIS Creating Irrigation Solutions Inc. (Irrigation). (see list below) Detail References Dimensions and Storm Drains, Details D-6 Details - - MSA has reviewed the items of construction and unit rates only. Quantities provided have been assumed as correct. The electrical price quoted by MJS Consulting has the following conditions and have not be adjusted in this peer review: 1) Power service feeder including conduit across the existing driveway to a pre -cast electrical building (including the building) for power and irrigation equipment - - 2) Power sub -service for baseball, irriqation booster sumo and future soccer ouch lighting 4) Walkway lighting from ball diamond to parking lot I I I I 5) Due to the amount of fill material and the unknown and suspect subsoil conditions we agreed to add $6,000.00 per pole for the eight pole base foundations. - 6) We added 10 percent for general contractor's mark up for a total of $245,000.00 plus GST. ADDED ITEM 6 TOWNSEND, ROGERS LLP BARRISTERS AND SOLICITORS LYNDA J. TOWNSEND PROFESSIONAL CORPORATION May 25, 2009 Town of Aurora 1 Municipal Drive Box 1000 Aurora, Ontario L4J 6A Attention: Clerk (Mayor and Members of Council) Dear Madam: Re: Proposed Development Charge By-law, 2009 PLEASE REFER TO: Lyn Townsend (Ext. 222) Email: lyn. twnsend@townsendrogers.ca Assistant: Kate King (Ext. 221) E-mail: kate.king@townsendrogers.ca We will not be in attendance at Council on May 26, 2009 when adoption of the proposed Development Charge By-law is to be proposed. By way of update, we wish to indicate that our team and clients met with staff and your consultants on May 22, 2009, We exchanged views and our respective positions are being considered. A response will be given to us in due course. We will consider the position of the Town upon receipt and will engage in further dialogue should it be warranted. We understand that staff will be providing an updated by-law schedule on May 26, 2009 for Council's consideration. We also understand that we will be provided with a copy of this schedule upon its release but given time constraints it will not be available until late Tuesday. As we will not be able to get instructions from the client group, we will, therefore, not be delegating. We will have owners present to listen to the item. We remain available for further discussion. Yours truly, TOWNSEND, ROGERS LLP Spy Lynda J. Townsend Partner c: Dan Elliott, Town of Aurora Christopher Cooper Aurora 2C Landowners and Consultants SUITE 10, 1525 CORNWALL ROAD, OAKVILLE, ONTARIO L6J 0132 PHONE: (905) 829 8600 • FACSIMILE: (905) 829 2035 • E-MAIL: mail@ townsendrogers.ca ADDED ITEM 7 BIL1Y8WINGAGRUTER61A 91ibng bdmy end Land �mbpment Amda9on May 22, 2009 Mayor Phyllis Morris and Members of Council Town of Aurora P.O Box 1000 Aurora, Ontario L4G 6J1 RE: Proposed Development Charges By-law Number 5139-09 May .26, 2009 Meeting of Council As an interested and affected stakeholder, the Building Industry and Land Development Association remains extremely concerned with the proposed rate increase and the proposed development charges by-law itself being considered by Council at its meeting of May 26`11 . PROPOSED METHODOLOGY As you may already be aware, BILD has appealed a development charge by-law in a neighbouring jurisdiction of the GTA where our objection is that the charge imposed by the by-law was calculated using a flawed methodology which we believe does not comply with the requirements of the Development Charges Act. It is our understanding that this methodology was also used by the same consultant, Hemson Consulting Ltd., in the Town of Aurora's Development Charges Background Study which notes, on page 8, that the increase in the development charge rate is largely "as a result of signi scant increases in the costs of constructing Town infrastructure." It appears as though one of the main factors behind the proposed increase is the change in methodology used to calculate the need for additional facilities and the maximum allowable development charge eligible costs given the average level of service over the previous ten years. The 2009 Development Charges Background Study notes that `for the residential portion of theforecast, the total population that will result from the addition of new housing units is estimated. This "population in new units" determines the need for additional facilities and provides the foundation for the growth -related capital forecast" (page 12). Alternatively, the Background Study applicable to the Town's 2004 development charges by-law indicates that "the net population determines the need far additional facilities and provides the foundation for development of the growth -related capital forecast. Using the net growth figures ensures that facility and infrastructure requirements are not overstated" (page 5). This 2004 methodology is the appropriate basis for calculating the facility and infrastructure requirements, and BILD objects to the change as employed in this proposed 2009 development charges by-law. 20 Upjchn Rd, Suite 100 Nort York, ON M3B 2V9 Tel:4163913445 Fax:4163912118 www.bildgta.ca BILEY RUILVINBA&REOER@rA 3 iifing InduM and land DZIDpmom Anorinta, PROPOSED QUANTUM If approved, the proposed Development Charges By-law Number 5139-09 will implement a minimum 38 percent residential increase. In light of the current economic circumstances, it should come as no surprise that developers and builders are questioning any and all cost increases, not only of governments but of their suppliers, trades and service companies. In that content, the notion of any increase in development charges simply does not add up. BILD members have expressed overwhelming concern with the significant proposed increase, especially since it comes at a time where the building and development industry requires assistance and not more costs. In these current economic times, BILD urges Council to show leadership and to seize this opportunity to lower any levies associated to development. As mutters now stand, the industry is battling to shed inventory at a time when housing sales have plummeted due to .widespread economic uncertainty. We are facing a credit crunch which is threatening perfectly viable projects and we are also concerned with the prospect of contracted buyers failing to close on their units. In short, we are in uncharted waters and would therefore support any efforts which would assist in stimulating increased building and land development activity. To underscore the gravity of the current situation, it should be noted that sales of new homes in the Town of Aurora have significantly declined since last year, reaching a year high of 78 total sales in April 2008 to a total of only 9 in February 2009. This decline will be directly reflected in reduced employment, investment and spin-off economic benefits as suppliers, trades and service companies are being impacted as harshly as Iand developers and home builders are. BILD urges the Town to work with the industry in taking responsibility to assist with job creation. A thorough consideration of the impacts of the proposed development charges would be a positive first step. The building and land development industry is a fundamental cornerstone to the economy and a significant job creator. Increases in development charges would do no good to assist in stimulating job creation. Reduced costs will help to kick-start projects that would otherwise be on hold and would assist in securing badly needed financing and ultimately allow for more affordable home pricing. We trust that Council and staff will take our comments in to consideration. Sincerely, Paula J. Tenuta, MCIP, RPP Director, Municipal Government Relations cc. Dan Elliott, Director of Finance & Treasurer Fraser Nelson, BILD York Chapter Chair 20 Upjohn Rd, Suite 100 North York, ON M3B 2V9 Tel:4163913445 Fax:4163912118 www.bildgta.ca ADDED ITEM 8 The Daniels Curporntimt 20 Queen Street West, Suite 3400 Toronto, Ontario M51-13113 Phone: (416) 598-2129 Fax: (416) 979-0415 May 25, 2009 Mr. Dan Elliot, Director of Finance and Treasurer Town of Aurora 100 John West Way Box No.1000 Aurora, ON, L4G 6J1 Dear Mr. Elliot: Re: Comments Update to Development Charges By-law Further to our discussion I would like to confirm that I have had an opportunity to review the Town of Aurora's updated draft development charge by-law, with respect to incorporating a special provision for small units located within Multiple Dwellings. Specifically section 3.6.2 which states: Notwithstanding the definition of multiple dwellings, for determining development charges applicable under this by -tarn, a multiple duelling writ which is less than 850 square feet of total gross floor area and having only one bedroom shall he deemed a "1 bedroom aparanenl " and pay the corresponding development charge set out in Schedule " B ". We believe that this section recognizes and encourages innovative housing designs for ground related units, such as Garden/Walk-up apartments. We are appreciative and supportive of having this clause included in the Town of Aurora's Development Charge By-law. Thank you for the opportunity to provide comments on this matter. Please contact me if you have any questions. Yours truly, lZ emo Agostino, M,Sc.PI., MCIP, RPP Senior Manager of Development Cc: Mnyorand Town ofAurora Councillors Clerks Department, Town of Aurora. Mnrco Ramunno, Director of Planning and Development Services Nial I I Taggart, The Daniels Corporation / ADDED ITEM 9 AURORA ,yoWmif&Gootrowpauy MEMORANDUM Director of Finance Financial Services Date: May 26th, 2009 To: Members of Council Cc: Town Clerk, Neil Garbe From: Dan Elliott, Director of Finance& Treasurer Re: Development Charges — Consultation Update and Revised Rates Staff have continued their consultation with the 2C Owners Group and their representatives including Ms. Lynda Townsend.. Staff met with the group at the Aurora offices on Friday May 22. At that meeting, the owners group presented a schedule of projects of particular interest for re-evaluation prior to the finalization of the DC rates by- law. Following detailed reviews of that schedule, it was found that the original background study document included several older projects which have been completed and funded. Other issues have also been corrected after verification by town staff. Town staff from Finance and Public Works have reviewed each proposed item of concern and agree on its disposition for correction, deletion or confirmed for inclusion. A revised rate schedule "B" to the by-law has been calculated based on the approved changes being made to the details of the calculations. In the coming days, the Town consultants will prepare an updated version of the Background Study, which supports the rates proposed herein. The attached "Schedule B" is an updated rate schedule from the draft by-law. The draft rates presented in the draft by-law incorporated in Staff Report FS09-028 at General Committee on May 19th, 2009 need to be amended. Schedule B of the draft by-law of that staff report needs to be removed, and the revised Schedule B attached hereto inserted in its place. NO TEXT CHANGES are proposed herein to the body of the by- law presented last week. The development charges presented now are highlighted as follows: Previous Draft Charge REVISED Draft Charge Single Residential er unit $16,097 +39%) 1$14,803 +27.0%) Non-residential per sq. m. $31.45 (+12%) 1 $24.64 (-13.9%) AUlZORA yoalm is good Conip"Y Other Late Issues: Since the Public Meeting, other concerns have been raised by members of the development community with respect to the proposed text of the by-law. BILD Association has raised a similar concern as the 2C Owners with respect to methodologies used in the study calculations. Staff and our consultant team are satisfied with the defensibility of our position taken. On Friday May 22"d, an owner raised concerns about how the text would treat institutional property development, particularly special care facilities and requested that clarifications be made. Staff have not been able to attend to this particular matter, including consultation with Regional staff. This is the type of issue that was to have been raised at the public meeting on May 6th, to allow staff time to review and consider the issue properly before the passing of the bylaw. At this time, staff suggest that the owner concerned consider the importance of the issue to him, seek advice, and consider filing an appeal of the by-law. Proposed resolution from staff: That Schedule B of the proposed draft By-law #5139-09 as presented by Staff Report FS09-028 to General Committee on May 19th, 2009, be updated by substitution of the attached revised Schedule B prior to its enactment; and That the revised draft By-law #5139-09, being a By-law for.the imposition of development charges be adopted to be effective June 8, 2009, and that By-law 4533.04F be repealed effective June 8, 2009. :]:)6tAlf Dan Elliott, Director of Financial. Services & Treasurer Ext.4772 All. Revised Schedule B for By-law 5139-09 Town of Aurora By-law 5139-09 Schedule "B" Town of Aurora Development Charge Summary - Updated May 26, 2009 PROPOSED RESIDENTIAL CHARGE Char a Per Unit Tye 1 A art men ts Two Bachelor Rows and Singles/Semis Other bedrooms and One SERVICE Multiples and greater Bedroom GENERAL GOVERNMENT $323 $255 $196 $147 LIBRARY $1,330 $1,048 $806 $605 FIRE SERVICES $178 $140 $108 $81 RECREATION $6,019 $4,742 $3,648 $2,736 PARKS $2,864 $2,257 $1,736 $1,302 PUBLIC WORKS $389 $307 $236 $177 SUB -TOTAL GENERAL SERVICES $11,103 $8,749 $6,730 $5,048 ROADS AND RELATED $2,053 $1,617 $1,244 $933 WATER SUPPLY AND DISTRIBUTION $970 $764 $588 $441 SEWAGE AND SANITARY SEWERS $677 $533 $410 $308 SUB -TOTAL ENGINEERED SERVICES $3,700 $2,914 $2,242 $1,682 TOTAL CHARGE PER UNIT $14 803 $11,663 $8,972 $6,730 PROPOSED NON-RESIDENTIAL CHARGE Non -Residential Charge per SERVICE Square Metre GENERAL GOVERNMENT - $1.81 LIBRARY - FIRE SERVICES $1.00 RECREATION - PARKS PUBLIC WORKS $2.17 SUB -TOTAL GENERAL SERVICES - $4.98 ROADS AND RELATED $10.92 WATER SUPPLY AND DISTRIBUTION $5.15 SEWAGE AND SANITARY SEWERS $3.59 SUB -TOTAL ENGINEERED SERVICES $19.66 TOTAL CHARGE PER SQUARE METRE $24.64 Town of Aurora By-law 5139-09 Schedule "B" Town of Aurora Development Charge Summary — Updated May 26, 2009 PROPOSED RESIDENTIAL CHARGE Charge Per Unit Type (1) Apartments Two Bachelor Rows and Singles/Semis Other bedrooms and One SERVICE Multiples and greater Bedroom GENERAL GOVERNMENT $323 $255 $196 $147 LIBRARY $1,330 $1,048 $806 $605 FIRE SERVICES $178 $140 $108 $81 RECREATION $6,019 $4,742 $3,648 $2,736 PARKS $2,864 $2,257 $1,736 $1,302 PUBLIC WORKS $389 $307 $236 $177 SUB -TOTAL GENERAL SERVICES $11,103 $8,749 $6,730 $5,048 ROADS AND RELATED $2,053 $1,617 $1,244 $933 WATER SUPPLY AND DISTRIBUTION $970 $764 $588 $441 SEWAGE AND SANITARY SEWERS $677 $533 $410 $308 SUB -TOTAL ENGINEERED SERVICES $3,700 $2,914 $2,242 $1,682 TOTAL CHARGE PER UNIT $14,803 $11,663 $8,972 $6,730 PROPOSED NON-RESIDENTIAL CHARGE Non -Residential Charge per SERVICE Square Metre GENERAL GOVERNMENT $1.81 LIBRARY - FIRE SERVICES $1.00 RECREATION - PARKS PUBLIC WORKS $2 17 SUB -TOTAL GENERAL SERVICES $4.98 ROADS AND RELATED $10.92 WATER SUPPLY AND DISTRIBUTION $5.15 SEWAGE AND SANITARY SEWERS $3.59 SUB -TOTAL ENGINEERED SERVICES $19.66 TOTAL CHARGE PER SQUARE METRE $24.64 AuRpRA Y,,Wre, rsv good, coruf 4_y Other Late Issues: Since the Public Meeting, other concerns have been raised by members of the development community with respect to the proposed text of the by-law. BILD Association has raised a similar concern as the 2C Owners with respect to methodologies used in the study calculations. Staff and our consultant team are satisfied with the defensibility of our position taken. On Friday May 22", an owner raised concerns about how the text would treat institutional property development, particularly special care facilities and requested that clarifications be made. Staff have not been able to attend to this particular matter, including consultation with Regional staff. This is the type of issue that was to have been raised at the public meeting on May 6th, to allow staff time to review and consider the issue properly before the passing of the bylaw. At this time, staff suggest that the owner concerned consider the importance of the issue to him, seek advice, and consider filing an appeal of the by-law. Proposed resolution from staff: That Schedule B of the proposed draft By-law #5139-09 as presented by Staff Report FS09-028 to General Committee on May 19th, 2009, be updated by substitution of the attached revised Schedule B prior to its enactment; and That the revised draft By-law #5139-09, being a By-law for the imposition of development charges be adopted to be effective June 8, 2009, and that By-law 4533.04F be repealed effective June 8, 2009. I Dan Elliott, Director of Financial Services & Treasurer Ext. 4772 Att. Revised Schedule B for By-law 5139-09 AuRp ,yowl m liv good, Cory MEMORANDUM ADDED ITEM 9 Director of Finance Financial Services Date: May 26th, 2009 To: Members of Council Cc: Town Clerk, Neil Garbe From: Dan Elliott, Director of Finance & Treasurer Re: Development Charges — Consultation Update and Revised Rates Staff have continued their consultation with the 2C Owners Group and their representatives including Ms. Lynda Townsend. Staff met with the group at the Aurora offices on Friday May 22. At that meeting, the owners group presented a schedule of projects of particular interest for re-evaluation prior to the finalization of the DC rates by- law. Following detailed reviews of that schedule, it was found that the original background study document included several older projects which have been completed and funded. Other issues have also been corrected after verification by town staff. Town staff from Finance and Public Works have reviewed each proposed item of concern and agree on its disposition for correction, deletion or confirmed for inclusion. A revised rate schedule "B" to the by-law has been calculated based on the approved changes being made to the details of the calculations. In the coming days, the Town consultants will prepare an updated version of the Background Study, which supports the rates proposed herein. The attached "Schedule B" is an updated rate schedule from the draft by-law. The draft rates presented in the draft by-law incorporated in Staff Report FS09-028 at General Committee on May 19th, 2009 need to be amended. Schedule B of the draft by-law of that staff report needs to be removed, and the revised Schedule B attached hereto inserted in its place. NO TEXT CHANGES are proposed herein to the body of the by- law presented last week. The development charges presented now are highlighted as follows: Previous Draft Char�eREVISEbbraft Char e Single Residential per unit $16097 (+39%)4 803 (+27 0%) I Non-residential per sq. m. 1 $31.45 (+12%) 1 $24.64 (-13.9%)