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AGENDA - Council - 20080812COUNCIL MEETING Uld I J111, I N0.08-22 TUESDAY, AUGUST 12, 2008 Closed Session - 5:00 mm. Holland Room. Be9ular council - too p.m. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 06/08/08 AUptoizA TOWN OF AURORA COUNCIL MEETING AGENDA NO. 08-22 Tuesday, August 12, 2008 Closed Session - 5:00 p.m. Holland Room Regular Council - 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST Il APPROVAL OF AGENDA RECOMMENDED: REVISED THAT the agenda as circulated by the Corporate Services Department be approved as presented. III CLOSED SESSION Legal Matter THAT Council resolve into a Closed Session to consider a legal matter — a presentation of legal opinion from Gowlings. And THAT Council resolve.into a Closed Session to consider a Legal/Personal Matter regarding a Presentation of a Legal Opinion from Aird & Berlis LLP. IV OPEN FORUM Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 2 of 13 V ADOPTION OF MINUTES Council Minutes of July 15, 2008, Meeting Number 08-20 pg. 1 Special Council Minutes of July 22, 2008, Meeting Number 08-21 pg. 18 RECOMMENDED: THAT the Council minutes of July 15, 2008, meeting number 08-20, and the Special Council minutes of July 22, 2008, meeting number 08-21 be adopted as printed and circulated. V1 PRESENTATIONS a) Mayor Morris Presenting Certificate. and Prizes to Aurora Teen Idol Contest Winner and Runner -Up Vll PUBLIC SERVICE ANNOUNCEMENTS Vlll IX DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION X DELEGATIONS a) Mr. Allister Byrne, Partner, Grant Thornton LLP, Auditors pg. 21 Re: Capital Projects — Tendering, Budgeting, Communication and Completion Process b) Ms Barb Allan, Founding Director pg. 28 Re: The ABLE Network c) Mr. Geoffrey Dawe pg. 31 Re: Chamber of Commerce Business Awards Dinner d) Ms Gail McIntyre pg. 32 Re: Clean Yards By-law and Oak Tree Maintenance Council Meeting No. 08-22 Page 3 of,13 Tuesday, August 12, 2008 XI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XIl REGIONAL REPORT Xlll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS XIV READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5033-08.P BEING A BY-LAW for the prohibition pg. 339 of the application of cosmetic pesticides in the Town of Aurora 5055-08.D BEING A BY-LAW to amend By-law pg. 345 No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora (Part of Lots 19 and 20, Concession 2 E.Y.S., File: D-14-08-94) 5056-08.R BEING A BY-LAW to rename the pg. 348 Aurora Heritage Centre the "Church Street School Cultural Centre" 5057-08.0 BEING A BY-LAW to govern the pg. 349 Procedures of the Council of the Town of Aurora and its Committees and . Boards 5058-08.0 BEING A BY-LAW to Appoint pg. 350 an Acting Head of Council (Deputy Mayor) for August 24, 2008 to August 27, 2008 5059-08.D BEING A BY-LAW to amend By-law pg. 351 No. 2213.78, as amended, being the Zoning By-law of the Town of Aurora (Part of Lot 23, Con 2, E.Y.S., 65M-2767, File: D14-06-08) Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 4 of 13 5060-08.D BEING A BY-LAW to exempt Block 35 pg. 354 Plan 65M-4047, from the Part Lot Control Provisions as provided in subsection 50(5). of the Planning Act, R.S.O. 1990, c.P.13 (as amended) 5061-08.D BEING A BY-LAW to amend By-law pg. 356 No. 2213.78, as amended, being the Zoning By-law of the Town of Aurora (Part Lots 24 and 25, Concession 2 EYS, File: D14-12-08) 5063-083 BEING A BY-LAW to amend Parking pg. 359 By-law 4574-043, as amended, with respect to parking on Earl Stewart Drive and Bridgenorth Drive 5065-08.D BEING A BY-LAW to establish pg. 360 highways on Plans 65M-3677 and 65M-4037 (St. John's and Mattamy Subdivision) 5064-08.0 BEING A BY-LAW to confirm actions by pg. 361 Council resulting from meeting 08-22 on August 12, 2008. XV ADJOURNMENT Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 5 of 13 1 2. 3. AGENDA ITEMS Special General Committee Meeting Minutes Monday, July 14, 2008 RECOMMENDED: pg. 33 THAT the Special General Committee meeting minutes of July 14, 2008 be received and the recommendations carried by the committee be approved. LSAC08-06 — Leisure Services Advisory Committee Meeting Minutes —June 19, 2008 RECOMMENDED: pg. 36 THAT the Leisure Services Advisory Committee minutes of June 19, 2008 be received and the recommendations carried by the committee be approved. Joint Council Committee — Central York Fire Services Minutes Tuesday, June 17, 2008 RECOMMENDED: pg. 53 THAT the Joint Council Committee — Central York Fire Services minutes of June 17, 2008 be received and the recommendations carried by the committee be approved. 4. ADM08-010 — Request for Proposal for a Review of the pg. 57 Corporate Organizational Structure of the Town of Aurora RECOMMENDED: THAT the firm BMA Management Consulting Inc. be awarded the contract for the review of the Corporate Organizational Structure of the Town of Aurora for a contract price of $68,850 plus disbursements. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 6 of 13 A 7 CSO8-029 — Pesticide By-law Update RECOMMENDED: THAT the proposed Pesticide Use By-law be adopted; and pg. 76 THAT upon the passing of the Provincial Legislature's Bill 64 - An Act to amend the Pesticides Act to prohibit the use and sale of pesticides in Ontario for cosmetic purposes, that the Pesticide Use By-law be reviewed for compliance with the amended Pesticides Act. CS08-030 — IT Operating Policies RECOMMENDED: 3M. M :• THAT the proposed IT Operating Policies attached as Appendix #2 to report CS08-030 be received and approved by Council for implementation. CS08-031 — Appointment of an Integrity Commissioner RECOMMENDED: THAT staff report CS08-031 be received for information; and pg. 131 THAT staff proceed with advertising for the recruitment of an Integrity Commissioner on a retainer basis. LS08-033 — York Region Food Network - Community Garden Location RECOMMENDED: pg. 137 THAT Council approve the proposal to relocate the Aurora Community Garden from the former Jack Woods Property to a parcel of Town owned open space (Alliance Park) on Industrial Parkway South; and THAT staff be directed to prepare the site in time for the start of the 2009 gardening season. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 7 of 13 9. LS08-037 — Completion of Nokiidaa Trail Connection Update pg. 146 RECOMMENDED: THAT Council receive this update report as information; and THAT Council authorize the Trails Sub -Committee to conduct a public notification and input process to obtain input from the public on the location of the proposed Nokiidaa Trail connecting link. 10. LS08-038 — GO Station Landscaping pg. 162 RECOMMENDED: THAT Council endorse the GO Station Landscaping Conceptual Landscape Plan; and THAT Council authorize staff to continue to work with GO Transit officials for the purposes of finalizing the landscape project details and the preparation of an agreement to be entered into with GO Transit and the Town outlining the terms of park construction and ongoing maintenance of the site. 11. LS08-040 — Confederation Park, St. Josephs Catholic School, pg. 171. Regency Acres Public School Sports Field Restoration Project RECOMMENDED: THAT Council authorize staff to proceed with the Confederation Park, St. Josephs Catholic School and Regency Acres Public School Sports Field Restoration Project; and THAT the Town's portion of Confederation Park Project Capital Project be transferred from Operating Accounts #1-4-07301-2000 and #1-4-07302- 2000; and THAT the project be approved to begin subject to receiving purchase orders from the York Central District School Board and the York Region District School Board. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 8 of 13 12. 13 14. 15. 16. LS08-041 — Seston Park Playground Replacement Tender LS2008-55 RECOMMENDED: THAT Council accept the bid submitted by A.B.C. Recreation Ltd. for Tender LS2008-55 in the amount of $75,595.85 for the supply, delivery and installation of playground equipment in Seston Park; and THAT the Capital Budget be amended to reflect the additional costs identified in report LS08-041. PW08-032 — Lake Simcoe Clean -Up Fund (LSCUF) - pg. 194 Funding Announcements RECOMMENDED: THAT report PW08-032 be received for information. FS08-033 — Investment Summary Report as of December 31, 2007 pg. 199 RECOMMENDED: THAT report FS08-033 be received for information. LS08-039 — Online Pond Removal and Channel Restoration pg. 207 RECOMMENDED: THAT Council receive this report, consider the available options and provide direction to staff on the matter of the Burnett Online Pond Removal and Channel Restoration Project. LS08-042— Tender LS2008-29 Asphalt Paving and Concrete Works pg. 221 For Ada Johnson Park RECOMMENDED: THAT Council consider the request by Lincoln Paving and Contracting Limited for additional compensation for increased asphalt costs associated with the Ada Johnson Park Construction Project. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 9 of 13 17. CS08-032 —Council Pending List pg. 229 RECOMMENDED: THAT report CS08-032 be received for information purposes. 18. PL08-016 — Second Suites (Two -Unit Houses) Study pg. 267 RECOMMENDED: THAT report PL08-016 be received as information; and THAT staff commence a Second Suites Study to consider an amendment to the Zoning By-law permitting second suites as -of -right and schedule a future Public Planning Meeting. 19. PL08-079 — Technical Zoning By-law Amendment pg. 273 1207309 Ontario Inc. (Magna) Concession 2 E.Y.S., Part Lots 19 and 20 RECOMMENDED: THAT report PL08-079 regarding a technical amendment to Zoning By-law 2213-78, as amended, pertaining to the site specific definition of a lot applying to the RU-6 and RU-7 Exception Zones be received as information; and THAT Council enact Implementing Zoning By-law 5055-08.D. 20. PL08-081 — Zoning By-law Amendment Application pg. 282 Removal of Holding (H) Provision Minto Communities (Toronto) Inc. Part of Lot 23, Concession 2, E.Y.S. File D14-06-08 (Ref: D12-01-4A) RECOMMENDED: THAT Council enact By-law 5059-08.D to remove the Holding (H) provision from Lots 119, 120 and 1-95 inclusive on registered plan 65M- 3979, located within the second phase of the Minto subdivision, to allow the subject lands to be developed for residential purposes. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 10 of 13 21. PL08-082 — Application for Exemption from Part Lot Control pg. 290 Mattamy (Aurora) Limited, Plan 65M-4047, Block 35 File D12-PLC-01-08 (Related Files: D12-00-8A, D14-03-08) RECOMMENDED: THAT Council approve the request for exemption from Part Lot Control made by Mattamy (Aurora) Limited to divide Block 35 on Registered Plan 65M-4047 into six separate lots; and THAT Council enact By-law 5060-08.D. 22. PL08-083 — Zoning By-law Amendment Application pg. 298 Removal of Holding (H) Provision St. John's Road Development Corp. (Metrus) Part of Lots 24 and 25, Concession 2, E.Y.S. File D14-12-08 (Related File: D12-00-1A) 23. 24. RECOMMENDED: THAT Council enact By-law 5061-08.D to remove the Holding (H) Provision from the lands described as Phase II, Plans A-1, A-2 and A-3 within the St. John's Road Development Corp. (Metrus) Subdivision being Part of Lots 24 and 25, Concession 2, E.Y.S. to allow 402 of the 408 lots to be developed for residential purposes. Memorandum from the Director of Building Administration Re: Dical Property Activity RECOMMENDED: VIM THAT the memorandum regarding Dical Property Activity be received for information. Memorandum from the Director of Corporate Services Re: Appointment of Acting Head of Council RECOMMENDED: pg. 311 THAT Council appoint an Acting Head of Council for the period of August 24 — 27, 2008 while Mayor Morris and Deputy Mayor McRoberts attend the 109th Annual AMO Conference. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 11 of 13 25. Recommendation from Closed Session — July 22, 2008 pg. 312 RECOMMENDED: THAT the Town declare the unopened road, Park Street, as surplus; and THAT the unopened road, Park Street, be closed and offered for sale; and THAT a letter be sent to the abutting owners, the Stantes, advising them to notify the Town if they have any objection to the closure and sale of Park Street; and THAT the Town obtain an appraisal for the unopened road; and THAT staff report back to Council.when the appraisal is received. 26. Correspondence from the Town of Newmarket pg. 313 Re: Clarification of Resolution regarding Northern York Region Electricity Needs RECOMMENDED: THAT Council provide direction on this matter. 27. Correspondence from the Environmental Commissioner of Ontario pg. 317 Re: Request to Endorse the Ten Recommendations Contained in The Environmental Commissioner's Report RECOMMENDED: THAT Council receive and endorse the ten recommendations contained in the Environmental Commissioner's Report. 28. Correspondence from the Federation of Canadian Municipalities pg. 324 Re: Auxiliary Role Project — Canadian Red Cross Society RECOMMENDED: THAT Council receive and endorse the following proposed motion: WHEREAS the Canadian Red Cross is celebrating the 100th anniversary of its creation as a national non-profit volunteer humanitarian organization under The Canadian Red Cross Society Act, 1909; and Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 12 of 13 WHEREAS, under national and international law, the Canadian Red Cross and other national Red Cross and Red Crescent Societies are considered "auxiliary to the public authorities in the humanitarian field'; and WHEREAS the mandate of the Canadian Red Cross is to: "In time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world"; and WHEREAS millions of Canadians and beneficiaries in other countries have been assisted by the Canadian Red Cross for over a century through programs aimed at disaster assistance, emergency preparedness, international aid, assistance and development, health, injury prevention and the promotion of international humanitarian law and humanitarian values; and WHEREAS the Canadian Red Cross' Auxiliary Role Project seeks to revitalize the relationships with public authorities at the federal, provincial, territorial and municipal levels so as to better serve the needs of humanity; THEREFORE BE IT RESOLVED THAT the Council of the Town of Aurora expresses its support for the Auxiliary Role Project and, in particular, the renewal of the framework for cooperation between public authorities and the Canadian Red Cross to better address the humanitarian challenges of the 215t century by: a) working to reinforce the status, and roles of the Canadian Red Cross as auxiliary to public authorities in the humanitarian field: and b) reviewing existing measures, arrangements and instruments supporting the relationship 29. LS08-036 — Church Street School Cultural Centre Budget and pg. 326 Schedule Report RECOMMENDED: THAT Council receive as information the projected schedule, including anticipated completion date for the renovation and re -construction works at 22 Church Street; and THAT the purchase order for Lynch and Comisso Architects be increased by an additional amount not to exceed $50,000 to a total contract value of $93,500 to account for additional services. Council Meeting No. 08-22 Tuesday, August 12, 2008 Page 13 of 13 30. Memorandum from Mayor Phyllis Morris pg. 336 Re: AMCTO Membership Service Recognition RECOMMENDED: THAT the memorandum from Mayor Phyllis Morris regarding AMCTO Membership Service Recognition be received as information. 31. Memorandum from the Director of Corporate Services pg. 338 Re: Closed Session Reports RECOMMENDED: THAT Council approves the release to the public of the report from the Director of Financial Services regarding the interim administrative support for the Church Street School Cultural Centre and the report from the Director of Planning regarding the new position of Manager of Heritage Planning. COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 1 AuRoizA TOWN OFAURORA COUNCIL MEETING MINUTES NO. 08-20 Council Chambers Aurora Town Hall Tuesday, July 15, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (left at 10:19 p.m.), Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES 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. Mayor Morris called the meeting to order at 5:35 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern declared an interest in the closed session item regarding a legal opinion from J. Murray Davidson of PMLaw - due to allegations which have been launched against her, and 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 McRoberts THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: WITHDRAWALS FROM THE AGENDA ➢ Delegation 0 Representative of SmartCentres Re: Item 18 - BA08-002 — Request for Sign Variance-15 -135 First Commerce Drive Whitwell Developments Limited ➢ Item 1 —June 17, 2008 General Committee Minutes (Recommendations approved at June 24, 2008 Council meeting) ADDITIONS TO THE AGENDA ➢ New Item 30 - Memorandum from Mayor Morris Re: Recipients of the 2008 Town of Aurora Governance Awards ➢ New Item 31 - Memorandum from the By-law Services Co-ordinator Re: Request fo-r Exemption to the Noise By-law CARRIED . 1 - COUNCIL -AUGUST 12, 2008 Council Minutes 08-20 - 2 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 111 CLOSED SESSION Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the closed session item regarding a Legal Matter —Auditors Report on the Tendering/Purchasing Process be deferred to the public agenda for the August 12, 2008 Council meeting; and THAT the closed session agenda be amended to include the following item: ➢ New Closed Session Item - Legal matter regarding the Stronach Aurora Recreation Complex, authorization of payments for repairs to the arena bulkhead THAT the following items be considered first among the, closed session matters for consideration: • Legal .Matter - Stronach Aurora Recreation Complex, authorization of payments for repairs to the arena bulkhead (ADDED ITEM) • Legal Matter— Dical Property Personal Matter— Correspondence from Special Events Committee • Legal Matter Legal Opinion from J. Murray Davidson of PMLaw Followed by; • Personal Matter— Staff for Aurora Heritage Centre • Legal Matter— Tax Registration of Properties • Property Matter— Leslie St. Lands • Property Matter — Trails Sub -committee proposed land acquisition Personal Matter— Staff modification Planning Dept. • Legal Matter— Disposition of Unopened Park Street • Personal Matter— Correspondence from Councillor Collihs-Mrakas CARRIED Moved by Councillor MacEachern Seconded by Councillor Gallo THAT Council recess into a Closed Session to consider the following matter: (5:40 p.m.) Legal matter - Stronach Aurora Recreation Complex, authorization of payments for repairs to the arena bulkhead (ADDED ITEM) CARRIED -2- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 3 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 Moved by CouncillorMacEachern Seconded by Councillor Wilson THAT Council re -convene into public session at 7:20 p.m. CARRIED IV OPEN FORUM Ms Sandra Gothard, resident from the Town of Newmarket, advised that she had difficulty getting to the Town Hall for this meeting. She explained that the accessibility service of the York Region Transit system, on the route that she was using, was not able to accommodate her mobility needs very effectively this evening. V ADOPTION OF MINUTES Council Minutes of June 24, 2008, Meeting Number 08-18 Special Council - Public Planning Minutes of June 25, 2008, Meeting Number 08-19 Moved by Councillor Wilson Seconded by Councillor McRoberts THAT the Council minutes of June 24, 2008, meeting number 08-18 and the Special Council - Public Planning minutes of June 25, 2008, meeting number 08-19 be adapted as printed and circulated. CARRIED VI PRESENTATIONS Canada Day Parade Plaque and Awards - Awarded by Ms Sher St, Kitts Ms Sher St. Kitts advised that the 2008 Canada Day Parade was a tremendous success with the help of the participants, volunteers and Town staff. Ms St. Kitts suggested that the Town of Aurora host Canada Day Parade Movie Night to allow anyone who is interested to join together in the park and view a movie of the parade on Friday, August 15, 2D08, with a rain date of Friday, August 22, 2008. Ms St. Kitts presented the 1" place awards for each of the following categories (runner ups are listed as well): 1) Best Overall Float 16' Prize: Marquee Theatrical Productions 2"d Prize: Aurora Mardi Gras 3fd Prize: Fitness Clubs of Canada 2) Best Demonstration of Theme 1 s' Prize: Aurora Seniors' Association 2"d Prize: Marquee Theatrical Productions 3`d Prize: Aurora Historical Society 3) Spirit of Canada Attendee - 1" Prize -Aurora Community Historica Fair 2"d Prize - Aurora Running Room 3`d Prize - Aurora Seniors' Association -3- COUNCIL -AUGUST 12, 2008 Council Minutes 08-20 - 4 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 4) Best Red Hot Canadian Children 1" Prize - Kim Collins (The Co-operators) Pied Pipers & Kids 2nd prize - Aurora Community Historica Fair 3rd Prize - pcXperts Kids 5) Best Red Hot Canadian Adult Queen Victoria: Dorothy Gummersall 6) Best Red Hot Canadian Family 1": Sandra & Alison Gothard - Belly Dancer & Clown on Scooter 2"d: Donnie Decker & Merritt Polhamus - 2 Vintage VW Bugs 7) Best Red Hot Canadian Pet I": Chukker Hill Farm's Polo Ponies 2nd: Shadow Blazer - Spirit of Canada Dog 8) Best Red Hot Canadlan Wheels 1": Safehaven Kids 20: Mike Maguire's Pace Car 3'd: Big TopCircusSchool 9) Best Red Hot Canadian Sports Club 1": Fitness Clubs of Canada . 2nd: Aurora Scout Group 3`d: Aurora Youth Soccer Club 10) Best Red Hot Canadian Street 18': Davis Road Kids 11) Best Red Hot Canadian School V': Lester B. Pearson School 12) Be'st.Red Hot Canadian Display of our Multicultural Mosaic V': Caribanna 2008--C.T. Girls Entertainment 2nd: East Side Mario's/Bayview 3`d: Lester B. Pearson School 13) Best Red Hot Canadian Entertainment/Music 1": Aurora Mardi Gras 2nd: St. Kitts Music - FunkYtown 3rd: Villarl's Dragons & Lion Drummers 14) Best Red Hot Canadian Marching Band 1": 140th Aurora Air Cadet Band 2nd Governor General's Horse Guard & Band 3rd: Newmarket Citizens Band 15) Best Red Hot Canadian Service Club 15': Royal Canadian Legion - Colour Party 2"": Chamber of Commerce & Queen Victoria 3'0: York Regional Police Venturers and Rovers - Canadian Flag Support Your Troops Ms St. Kitts presented the Mayor with a large wall plaque which displays the names of each of the I'tplace winners from the 2008 Canada Day Parade, Ms St. Kilts advised that the plaque is meant to be displayed in a place of honour at the Town Hall to proudly show the successful participants in the Canada Day Parade. Ms St. Kitts advised that the plaque has enough space to honour eight years of winners. -4- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 5 Minutes of Council Meeting No. 08-20 Tuesday, July 16, 2008 Vil PUBLIC SERVICE ANNOUNCEMENTS Councillor Granger advised that, on Saturday, July 19, 2008. the Aurora Farmers' Market Will be featuring "Artists in the Park". Councillor Granger added that an exhibit in conjunction with the "Artists in the Park" will also be on display at the Masonic Lodge located at the south-west corner of Wells and Mosley Street. Councillor McRoberts advised that "Christmas in July", a fun filled charity event, featuring carolling, karaoke, glow -bowling and delicious treats, will be taking place at the Gateway Cafe and Lanes, on Thursday, July 24 from 10:00 a.m. to 10:00 p.m. Councillor McRoberts advised. that non-perishable food donations will be welcomed in exchange for complimentary bowling and that the goal for this event is to collect 1,000 Ibs of food for the Aurora Food Pantry. Mayor Morris presented Mr. Allan Downey, Director of Leisure Services, with a Plaque of Recognition from the President of Bullfrog Power to the Town of Aurora, to express their appreciation and commendation to the Town for converting the Town Halt over to Bullfrog Power. VIB DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3, 4, 5, 7, 1.1, 12, 16, 17, 21, 22, 25 and 27 were identified for discussion. IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wilson Seconded by CouncillorMacEachern THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion". be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. WITHDRAWN FROM THE AGENDA 2. Special General Committee . Audit Committee Meeting Minutes No. 08.27, Tuesday, June 24, 2008 THAT the minutes of the Special General Committee - Audit Committee Meeting No. 08-27 be received and the recommendations carried by the committee be approved. 6. Memorandum from the Director of Corporate ServicesTrown Clerk Re: Legal Opinion from Mr. George Rust D'Eye of Weir Foulds LLP (Deferred from Council Meeting -July 24, 2008) THAT the memorandum from the Director of Corporate Services/Town Clerk regarding the recommendations from Mr. George Rust D'Eye of Weir Foulds LLP be received for information. 8. LS08-034 — Completion of Nokiidaa Trail Connection Please refer to page 16 for final recommendation -5- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 6 Minutes of Council Meeting No. 08-20 Tuesday, July 16, 2008 9. F808-031 — Request for Proposal for Space Planner, Town Buildings THAT the firm of Mayhew & Associates Inc. be awarded the contract as Space Planner for a contract price of $49,850 plus disbursements. 10. CS08-028 - Regulate the Sale and Possession of Replica Firearms THAT staff report CS08-028 be received for, information, and that no further action be taken at this time. 13. PL08-074—Zoning By-law Amendment Application Removal of Holding (H) Provision Brookvalley Developments (AURORA) Ltd. Part of Lot 15, Concession 2, E.Y.S. File D14-10-08 (Ref: D12-05-02A) THAT Council enact By-law 5045-08.1) to remove the Holding (H) provision from Lots 1-75 inclusive within the Brookvalley Subdivision being Part of Lot 15, Concession 2, E.Y.S. to allow the subject lands to be developed for residential purposes. 14. PL08-076--Zoning By-law Amendment Application Removal of (H) Holding Provision Ballymore Building (Bathurst) Corp. and Ballymore Development (Bathurst) Corp. Part of Lot 71, Concession 1, E.Y.S., 65M-2767 File D14-09-08 (Ref: D12-044A) THAT Council enact- By-law 5047-08.D to remove the Holding (H). provision from Lots 1-27, inclusive, withinthe Ballymore Building (Bathurst) Corp. and Ballymore Development (Bathurst) Corp Phase -2 Subdivision being Part of Lot 71, Concession 1, E.Y.S., 65M-2767 to allow the subject lands to be developed for residential purposes. 15. PL0&076 - Application for Exemption from Part Lot Control Mattamy (Aurora) Limited Plan 65M4037 — Blocks 23 and 24 File D12-PLC-01-08 (Related File Numbers D12-00-8A, D14-03-08) THAT Council approve the request for exemption from Part Lot Control made by Mattamy (Aurora) Limited to divide Blocks 23 and 2.4 on Registered Plan 651 into eleven separate lots, and THAT Council enact By-law 5044-08.D 18. BA08-002 — Request for Sign Variance — 15 -135 First Commerce Drive Whitwell Developments Limited THAT Council approve the request for sign variance to allow a ground sign for Whitwell Developments Ltd. having a sign area of 22.9 square metres and a height of 12.2 metres. The sign bylaw requires a maximum sign area of 18 square metres and a maximum height of 9 metres; and THAT Council approve the elevation as shown on Attachment 2 to report BA08-002 which includes a sign panel displaying the Town of Aurora logo at the base of the sign. -6- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 7 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 19, BA08-003—CSIAurora —Customer Service Survey THAT Council receive report BA08-003 for information; and THAT Council endorse the customer service survey attached to report BA08-003: 20. BA68.004 - Request for Sign Variance — 14800 Yonge Street THAT Council approve the request for sign variance to permit two ground signs at 14800 Yonge Street with a height of 12.2 metres whereas the Sign Bylaw requires a maximum height of 9 metres. 23. Motion tabled by Councillor Granger Re: Allocation of Funds for the Farmers'.Market (Notice of Motion was given at Council Meeting of June 24, 2008) THAT Council support the allocation of $661.05 to pay for the cost of building and supplying a storage bin that is being used for the Farmers' Market materials and other supplies; and THAT the payment for the storage bin invoice be taken out of an appropriate reserve fund which the Director of Finance best recommends to Council, being that this saves a considerable amount of staff resource time which was used in the past year. 24. Correspondence from City of Toronto Mayor David Miller Re: 25 In 5 - Network for Poverty Reduction (Tabled by Mayor Morris) THAT the correspondence from City of Toronto Mayor, David Miller regarding 25 in 5 - Network for Poverty Reduction, be received and endorsed by Council 25. Correspondence from Mr. Jack Gibbons of Ontario Clean Air Alliance Re: "PeakBusters" Contest (Tabled by Mayor Morris) THAT the correspondence from Mr. Jack Gibbons of Ontario Clean Air Alliance, regarding the "PeakBusters" contest, be received for information. 28. Correspondence from Mr. Reg Chappell, President Ducks Swimming Re: The Formation of a New Swimming Team in Aurora THAT the correspondence from Mr. Reg Chappell of Ducks Swimming be received for information. 29. Correspondence from Mr. Tom Heint7man, President. Bullfrog Power Re: Plaque of Recognition to the Town of Aurora for Converting Town Hall to Bullfrog Power (Tabled by Mayor Morris) THAT the correspondence from Mr. Tom Herntzman of Bullfrog Power be received for information. 7- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 8 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 30. Memorandum from Mayor Morris Re: Recipients of the 2008 Town of Aurora Governance Awards THAT the memorandum from Mayor Morris, regarding the recipients of the 2008 Town of Aurora Governance Awards, be received for information. 31, Memorandum from the By-law Services Co-ordlnator Re: Request, from Rochon Building Corporation for Exemption from the Noise By-law for work being done on July 17, 2008 and July 18, 2008 THAT the request frdm Rochon Building Corporation, for Exemption from the Noise By-law for work being done on July 17, 2008 and July 18„2008, be approved as presented. CARRIED X DELEGATIONS a-t) Mr. Brian Arnett of Novita Re: Item 5 - FS08-030 — Strategic and Business Plan, Aurora Heritage Centre Mr. Brian Arnett of Novita provided an overview of the Strategic and Business Planning Study for the Aurora Heritage Centre. Mr. Arnett announced that the official name for this facility will be the Church Street School Cultural Centre, and that the mission for this centre will be to facilitate community, engagement through arts, culture and heritage programming and promotion. Mr. Arnett requested that Council endorse the main overall recommendations of this plan, which are to approve the plan for the development of the "Church Street School Cultural Centre" and to facilitate the creation of a separately incorporated partner organization to develop and deliver programs. Mr. Arnett reviewed the Town of Aurora's role and level of accountability in this process which involve the drafting of agreements between the Town and Cultural Centre Organization, ratification and Council representation on the Founding Board, approval of the core budget, monitoring and evaluation tools,: program advisory role and key performance indicators. Mr. Arnett explained that the initlal implementation stage will depend upon volunteer leadership recruitment, and a memorandum of agreement. Mr. Arnett advised that the next phase of implementation will involve the formation of the Cultural Centre Corporation and the Board, approval of the mission, mandate, business plan and key agreements and policies. Mr. Arnett further advised that the final implementatlon phase will entail the recruitment of a Program Director and the engagement of staff as well as the establishment of a volunteer program, followed by Initial discussions with program partners, finalization of first year programs and finally with the Opening Ceremonies. Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the comments of the delegate be received for information. CARRIED ME COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 9 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 Moved by Councillor Granger Seconded by Councillor MacEachern THAT Item 5 be brought forward for consideration at this time. CARRIED S. FS08-030 — Strategic and Business Plan, Aurora Heritage Centre Moved by Councillor MacEachern Seconded by Councillor Gaertner 1) THAT the name of the Aurora Heritage Centre be changed to Church Street School Cultural Centre; and 2) THAT the mission of the Cultural Centre be "community engagement through arts, culture and heritage programming and promotion" ; and 3) THAT the Town establish a non-profit corporation to operate the Church Street School Cultural Centre; and 4) THAT the Town enter into binding agreements with the Non-profit Corporation for the Provision of Cultural Services, Occupancy Agreement, and an Asset Management Agreement; and 5) THAT the Town hire interim administrative support until the Corporation is established and appropriate staff can be hired; and THAT the funds for this position be taken from the 2008 budget established for this operation; and 6) THAT the Town proceed with the recruitment of Program Director for the Church Street School Cultural Centre so that the resumes are available to the new board upon appointment; and 7) THAT, starting in 2009 budget year, the Town provide, annually, base funding in the amount of $340,ODO and a building operations budget of $143,000; and THAT the base funding be Increased annually by the lesser of the annual rate of inflation or 36/6; and 8) THAT the Town of Aurora provide the non-profit corporation a one lime $50,000 grant to be paid out upon proof of matching corporate donations; and g) THAT the Town adopt this Strategic and Business Plan as the Guiding Framework for the development of a Cultural Centre. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas THAT the list of "Strategies for Success' on page 7 of the Strategic and Business Planning Study for the Aurora Heritage Centre, include an additional point as follows:- 16. Collection Care CARRIED NO COUNCIL - AUGUST 125 2008 Council.Minutes 08-20 - 10 Minutes of Council Meeting No, 08.20 Tuesday, July 15, 2008 AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor McRoberts Seconded by Councillor Buck THAT the list of "Goals of the Arts and Cultural Centre" on page 13 of the Strategic and Business Planning Study for the Aurora Heritage Centre, include an additional point as follows: • Research and development of material and archival culture of Aurora DEFEATED AMENDMENT: Upon the question of the adoption of theresolution, it was: Moved by Councillor McRoberts Seconded by Councillor Collin-Mrakas THAT the Program Delivery Strategy section .on page 18 of the Strategic and Business Planning. Study for the Aurora Heritage Centre, include an additional wording: Care for, interpret and exhibit the artefact and archival collection DEFEATED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor McRoberts Seconded by CouncillorMacEachem THAT the second recommendation on page 16 be amended to read as follows: Recommendation The mission of the Arts and Cultural Centre will be to reflect and interpret the past, present and future of Aurora through creative expression. CARRIED On a recorded vote, the main motion was CARRIED AS AMENDED. YEAS:8 NAYS:1 VOTING YEAS: Councillors Gaertner, Gallo, MacEachern, McRoberts, Collins-Mrakas, Granger, Wilson and Mayor Morris VOTING NAYS: Councillor Buck -10- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 11 Minutes of Council Meeting No. 08-20 Tuesday, July 16, 2008 a) Ms Carol J. Beaver, Society of York Region Artists (SOYRA) Re: Proposal to Enter into Five Year Lease with the Town of Aurora Ms Carol Beaver, Secretary for the Society of York Region Artists (SOYRA) addressed Council to present a proposal for consideration. Ms Beaver outlined the proposal from SOYRA to enter into a lease agreement with the Town of Aurora for a five year period in the former Aurora Public Library. Ms Beaver requested that Council approve, in principal, proceeding with a collaborative application to the Trillium Foundation for a multi -five-year capital grant for the refurbishment of the former Aurora Public Library, advising that the total value of the application will be for $375,000. . Ms Beaver advised that SOYRA will proceed with the authoring of this Trillium application, if Council approves the following actions: • endorse SOYRA as the lead author of the application; • agree, in principal, to honourb five year lease for the stake -holders indentified in the application, should said application be successful; and • provide SOYRA with a list of appropriate stake -holders and any other relevant information that would support the application. Moved by Councillor Gallo Seconded by Councillor Gaertner THAT the comments of the delegate be received for information, CARRIED b) Mr. Art Hagopian, Canadian Ethnocultural Council Re: Coalition of Municipalities Against Racism and Discrimination Mr. Art Hagopian, 21 year resident of Aurora and member of the Canadian Ethnocultural Council, addressed Council to advise of a program initiated by the United Nations. Educational, Scientific and Cultural Organization (UNESCO), called the Coalition of Municipalities Against Racism and Discrimination, which was created to promote multiculturalism in rural municipalities like Aurora. Mr. Hagopian advised of the many actions and progressive initiatives which can be taken at the municipal level to discourage racism and facilitate a welcoming and unified community for citizens of all cultures. Mr. Hagopian requested that Council give consideration to becoming one of the many municipalities joining in this program. Moved byCounclllorGallo Seconded by Councillor Gaertner THAT the comments of the delegate be received and referred to the Mayor's Office to prepare a proclamation; and THAT staff be requested to report back on what level of involvement the Town wishes to commit to the Coalition of Municipalities Against Racism and Discrimination. - CARRIED - 11 - COUNCIL -AUGUST 12, 2008 Council Minutes 08-20 - 12 Minutes of Council Meeting No. 08.20. Tuesday, July 15, 2008 c) Ms Yvonne Cattrall, Aurora Selkies Swim Club Re: Equal Opportunity for Use of Aurora Pools Item 21 - LS08-035 — Pool Allocation Policy Ms Yvonne Cattrall, of the Aurora Selkies Swim Club, addressed Council to express her support for the proposed Pool Allocation Policy as outlined in report LS08-035. Ms Cattrall advised that she feels that her experience as a dedicated swim coach will be an asset to the young swimming community in Aurora. Moved by CouncillorMacEachern Seconded by Councillor Buck THAT the comments of the delegate be received and referred to Item 21 - LS08-035 — Pool Allocation Policy. CARRIED c-i) Ms Nancy Black, Aurora Ducks Swim Club Re: Item 21 - LS08-035 — Pool Allocation Policy Me Nancy Black, of the Aurora Ducks Swim Club, addressed Council to request that the proposed Pool Allocation Policy be deferred to a later date, in order to allow more time for staff to fully evaluate the needs of the community, Ms Black suggested that this policy should take into consideration the needs of the long standing Aurora based swim clubs who currently rely on their regularly allocated hours to accommodate existing and future enrolment. Movedby Councillor Wilson Seconded by CouncillorMacEachern . THAT the comments of the delegate be received for Information. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the Item 21 be brought forward for consideration at this time. CARRIED 21. LS08-035—Pool Allocation Policy Moved by Councillor MacEachern Seconded by Councillor Buck THAT the pool allocation schedule be approved for 2009 as follows: Aurora Ducks: 172:75 Hours Aurora Masters: 116:00 Hours Aurora Selkies: 10:25 Hours THAT Pool Permits be issued in accordance with this schedule for 2009; and THAT the proposed Pool Allocation Policy and the comments from the delegates be referred to the Leisure Services Advisory Committee for further review. CARRIED DELEGATIONS d), e) and f) were withdrawn from the agenda. -12- COUNCIL -AUGUST 12, 2008 Council Minutes 08-20 - 13 Minutes of Council Meeting No. 08-20 Tuesday, July 16, 2008 XI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor MacEachern Se conded by Co uncillor Wils on THAT Item 16 be brought forward for consideration at this time. CARRIED Councillor Buck left the meeting at 10:19 p,m. Moved by Councillor MacEachern Seconded by Councillor Gallo THAT the applicable provisions within the Procedural By-law be waived to allow the representative for the applicant to provide input on this matter. CARRIED Mr Gary Templeton, of Templeton Planning Ltd., provided background Information pertaining to the subject application and answered questions from Council. 16., PL08-077 —Applications to Amend the Zoning By-law and for Site Plan Approval 66 Wellington Street East Inc. 69 Wellington Street East Lot 7, S/S Wellington Street, Plan 68 Files D11-08-08 and D14-11-07 Moved by Councillor Wilson Seconded by Councillor Collins-Mrakas THAT report PL08-077 regarding a minor site plan application to allow the construction of a parking lot be received as information, and THAT Council enact implementing Zoning By-law 5046-08.D. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachem . Seconded by Councillor Gaertner THAT staff provide a copy of the report to the owner of the neighbouring property. CARRIED The main motion was CARRIED AS AMENDED. Moved by Councillor Granger Seconded by Councillor McRoberts THAT the meeting be extended beyond 10:30 p.m. until 11:00 p.m. CARRIED -13- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 14 Minutes of Council Meeting No. 08-20 Tuesday, July 16, 2008 3. ART08-06 - Minutes of Arts and Culture Advisory Committee Meeting of June 26,2008 Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the Arts and Culture Advisory Committee Meeting minutes from the June 26, 2008 meeting be received and the recommendations contained therein be approved. CARRIED 4. EDACOO-06 - Minutes of Economic Development Advisory Committee Meeting of June 12, 2008 Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the Economic Development Advisory Committee Meeting minutes from the June 12, 2008 meeting be received and the recommendations contained thereln be approved. .3 . CARRIED 7. LS08-032 — Portable Washrooms in Parks Moved by CouncillorMacEachern_ Seconded by Councillor Gallo THAT report LSO9-032 - Portable Washrooms in Parks be referred to the Leisure Services Advisory Committee. CARRIED 11. PW0B-030 — Award of Tender PW2008-26 for the Removal and Replacement of Concrete Sidewalk at Various Locations in the Town of Aurora Moved by Councillor Granger Seconded by Councillor McRoberts THAT Tender PW2008-26 — For the Removal and Replacement of Concrete Sidewalk at Various Locations in the Town of Aurora be awarded to Vaughan Paving Ltd. in the amount of $53,750.00, excluding CST: and THAT Council authorize the Mayor and Municipal Clerk to execute the Form of Agreement between the Town of Aurora and the successful bidder, for the removal and replacement of concrete sidewalks for a three year term ending December 31, 2010. CARRIED 12— PW08-031 — Status Update on the Regional Transportation Plan for the Greater Toronto and Hamilton Area - Prepared by Metrolinx Moved by Councillor Gaertner Seconded by Councillor G8110 THAT Council receive report PW08-031 regarding the Regional Transportation Plan, and THAT the Region of York and Metrolinx be invited to provide a presentation at a future meeting. CARRIED - 14- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 15 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 17. PL08-078 — Planning Applications StatusList Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the Planning Applications Status List be received as information. CARRIED 22. Memorandum from Mayor Morris Re: Voting Record of Council (Notice of Motion was given at Council Meeting of June 24, 2008) Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas THAT an amendment be made to the Procedural lay -law governing Council and all committee meetings stating that, when the Chair of Council or committee declares a vote, that It be recorded by the Clerk or Committee Secretary as "carried", "carried unanimously" or "defeated". CARRIED 25. Correspondence from City of Woodstock Mayor Michael Harding Re: Woodstock Mayor's Blackout Day Challenge (Tabled by Mayor Morris) Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the correspondence from City of Woodstock Mayor Michael Harding, regarding the "Woodstock Mayor's Blackout Day Challenge", be referred to PowerStream. CARRIED 27. Correspondence from Town of Newmarket Re: Resolution R10-2008 -Hospital Funding Moved by.Councillor Granger Seconded by Councillor MacEachern THAT the resolution from the Town of Newmarket, regarding hospital funding, be received and endorsed by Council. CARRIED Special Council Meeting -Tuesday, July 22, 2008 Moved by Councillor Granger Seconded by Councillor MacEachern THAT a Special Council meeting be called for Tuesday, July 22, 2008 to address legal matters in Closed Session. CARRIED 15- COUNCIL - AUGUST 125 2008 Council Minutes 08-20 - 16 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 Xii REGIONAL REPORT No Regional Report was provided at this meeting. XIII NEW BUSINESS/GENERAL iNFORMATION-- COUNCILLORS Councillor Gaertner advised that report L308-034 — Completion of Nokiidaa Trail Connection, which was approved in the consent items, does not contain the most up to date information attached. Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the applicable provisions within the Procedural By-law be waived to allow Item 8 to be considered under New Business. CARRIED 8. LS08-034— Completion ofNokiidaaTrail Connection Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT Council receive this report as information and refer it to staff for an update. CARRIED Mayor Morris requested that staff listen to the recording of the Special General Committee - Audit Committee meeting of June 24, 2008, to determine if the Auditor advised that he would provide a follow up report back to Council on outstanding matters, and report back to Council via memorandum. XIV READING OF BY-LAWS Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5044-08.D BEING A BY-LAW to exempt Blocks 23 and 24, Plan 65M- 4037, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended). Mattamy (Aurora) Limited 5045-08.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (Partof Lot 15, Con 2, E.Y.S., D14-10-08) Brookvalley Developments (AURORA) Ltd. 5046-08.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (69 Wellington Street East - File D14-11-07) Richard Arnold 16- COUNCIL - AUGUST 12, 2008 Council Minutes 08-20 - 17 Minutes of Council Meeting No. 08-20 Tuesday, July 15, 2008 5047-08.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora. (Part of Lot 71, Con 1, E.Y.S., 65M-2767 D14-09-08) Ballymore Building (Bathurst) Corp. and Ballymore Development (Bathurst) Corp. 5049-08.0 BEING A BY-LAW to confirm actions by Council resulting from meeting 05-20 on July 15, 2008. _ CARRIED CLOSED SESSION Moved by Councillor MacEachern Seconded by Councillor Granger THAT the closed session matters be deferred to the Special Council meeting scheduled for Tuesday, July 22, 2008. CARRIED XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 11:07 p.m. CARRIED PHYLLIS M. MORRIS, MAYOR 130E PANIZZA, TOWN CLERK - 17- COUNCIL -AUGUST 12, 2008 Special Council Minutes 08-21 - 1 /gym AuRpRA TOWN OF AURORA SPECIAL COUNCIL MEETING MINUTES NO. 08-21 Council Chambers Aurora Town Hall Tuesday, July 22, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Servicesfrown Clerk, Director of Financial Services and the Director of Planning & Development Services Mayor Morris called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern declared an interest in the closed session item regarding a legal opinion from J. Murray Davidson of PMLaw - due to allegations which have been launched against her, and 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 Gallo THAT the agenda as circulated by the Corporate Services Department be approved subject to the following change to the description of the items listed on the Closed Session Agenda: Item 1 Legal matter — Authorization for Bulkhead Payment and Bondfield Claim at Stronach Aurora Recreation Centre Item 11 Personal matter — Correspondence from Councillor Collins- Mrakas CARRIED 111 MATTERS FOR CONSIDERATION None - 18- COUNCIL - AUGUST 12, 2008 Special Council Minutes 08-21 - 2 Minutes of Council Meeting No. 08-21 Tuesday, July 22, 2008 IV DELEGATIONS None V CLOSED SESSION Moved by Councillor Granger Seconded by Councillor MacEachern THAT Council resolve into a Closed Session to consider the following matters, 7:10 p.m.: Legal Matter — Authorization of Bulkhead Payment and Bondfield Claim at Stronach Aurora Recreation Centre Property Matter— Leslie St. Lands Legal Matter —Tax Registration of Properties Legal Matter —Dical Property Personal Matter— Correspondence from Special Events Committee Legal Matter — Legal Opinion from J. Murray Davidson of PMLaw Personal Matter — Staff for Aurora Heritage Centre Property Matter —Trails Sub -committee proposed land acquisition Personal Matter— Staff modification Planning Dept. Legal Matter — Disposition of Unopened Park Street Personal Matter— Correspondence from Councillor Collins-Mrakas On a recorded vote, the motion was CARRIED YEAS:9 NAYS:0 VOTING YEAS: Councillors Buck, Gaertner, Gallo, MacEachern, McRoberts, Collins-Mrakas, Granger, Wilson and Mayor Morris VOTING NAYS: None Moved by Councillor Granger Seconded by Councillor MacEachern THAT Council reconvene into a public session, 12:35 a.m. CARRIED -19- COUNCIL - AUGUST 12, 2008 Special Council Minutes 08-21 - 3 Minutes of Council Meeting No. 08-21 Tuesday, July 22, 2008 Recommendations from Closed Session Meeting of July 22, 2008, 1. Letter from the Special Events Subcommittee Moved by Councillor Gallo Seconded by Councillor Granger THAT Council confirms the removal of the memo from the'Director of Leisure Services from the LSAC agenda of May 2007. CARRIED 2. Interim Administrative Assistant for the Church St. School Cultural Centre Moved by Councillor Gaertner Seconded by Councillor Granger THAT the Town retain Mr. Ken Whitehurst as the interim Administrative Assistant for the Church St.School Cultural Centre, contingent that he takes a leave of absence from the Arts & Cultural Advisory Committee for the duration of the consulting contract. CARRIED 3. Creation of a New Manager of Heritage Planning & Urban Design Position Moved by Councillor Wilson Seconded by Councillor McRoberts THAT the new position of Manager of Heritage Planning & Urban Design be approved. CARRIED V1 READING OF BY-LAWS Moved by Councillor MacEacbern Seconded by Councillor Gallo THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5054-08.0 BEING A BY-LAW to confirm actions by Council resulting from the Special Council meeting of July 22, 2008. CARRIED V11 ADJOURNMENT Moved by Councillor Granger THAT the meeting be adjourned at 12:40 a.m. PHYLLIS M. MORRIS, MAYOR CARRIED - 20 - PANIZZA, TOWN CLERK COUNCIL - AUGUST 12, 2008 . Delegation a-. 1 r ' . Grant'Thornton Mayor and Members of Council Town of Aurora Grant Thomton LLP Suite 200 15AIhWeParkway Makham, ON UR fiat T (416) 356-010D July. 15, 2008 f (9051475-8906 w .GranlThcrnlomca Dear Ladies and Gentlemen: I am pleased to enclose our Report to Council arising out of our review of the Church Street project. - You earlier received a copy of our Report, which, regrettably was not the "Final" version. We apologize for this confusion. We ask that you replace the copy that you originally received with this one: There are no substantive changes between the two copies, mainly clarification in the language of our recommendations. We look forward to discussing this Report with you. Yours sincerely, Grath Thornton LLP Allister Byrne, F.C.A. Partner Eric J.\ Data\ Continuing Frmk 7) Town of Aurora\ Matti Shay &howl - Aurorn Heritage Cenhn\enloosure report letter.doc 4L1111MmIm LLP.AC�narcbofd Gtenllhamion lnlelnNcnd Lltl -21- COUNCIL - AUGUST 12, 2008 Delegation a - 2 ta'rte,; Town of Aurora Capital Projects — Tendering, Budgeting, Communication and Completion Process July 15, zoos -Y2- COUNCIL - AUGUST 12, 2008 Delegation a - 3 Town of Aurora, Capital Projects Contents Scope and Procedures Findings and Recommendations Audit • Tax - AdNsor, e) Grant Thornton LLP. A Canadian Member of Grant Thornton Irdematlonal Ltd. All riBhla reserved. -23- Page 2 3 1 COUNCIL -AUGUST 12, 2008 Delegation a - 4 Town of Aurora. Capital Projects - 2 Scope and. Procedures Scope At the request of the Mayor we have reviewed the Church Street School —Aurora Heritage -. Centre Project ("Church Street Project"). Our review focused on compliance with the Town's documented procurement policy (Procuremeot by-law 4621-04.1� and the budgeting, spending and communication practices related to this Project.. As part of our audit we also reviewed a small number of other capital projects for compliance with the Town's procurement by-law. Procedures Our procedures included: _ • Review of Procurement by-law 4621-04.F • Review of minutes, capital budget documents and other reports to Council related to the Church Street Project • Review of tender applications • Review of contracts, invoices and accounting entries related to the Church Street Project • Interviews with selected members of the Town's staff - 24 COUNCIL - AUGUST 12, 2008 Delegation a - 5 Town of Aurora- Capital Projects Findings and Recommendations Findings We can report that we found no exceptions to the Town's procurement policy during out review of the Church Street project. However, through our review and consultation with members of your staff we did note a number of areas where there are opportunities to significantly improve the'rowds policies and procedures with regard to procurement, budgeting, spending and reporting on capital projects. First, and foremost, the Town does not maintain a formal written policy outlining the - specific budgeting, reporting and spending practices to be followed throughout a capital project. While we acknowledge that a number of the following recommendations are already being followed by the Town, there needs to be a formalized written policy which gets communicated to each department and monitored for compliance. We encourage the Town to consider the benefits of incorporating these recommendations as part of this policy. This will create cn onsistecy across the Town's departments, improve accountability and reporting"to.Councif, as well as provide for a more timely response to issues that arise. Recommendations Capital project budgets should be presented to Council, in as much detail as is reasonably practicable, preferably on a component basis, where components for such items as tender costs, consultant costs, and other components as maybe required by the project are identified and estimated. By providing detailed financial reports by component, Council will be in a better position to understand and assess the costs within a project and better determine whether the project should be approved. Where only a single budget amount is provided to Council, the department should explain why no components cost information is available. 2 To continue the improvements to financial management and reporting that have been . implemented over the last few years, all departments should, on a quarterly basis, report -. to Council on each of the capital projects for which they are responsible, outline any expected over -spending, and address the reasons for the over -budget situation. It should -25- COUNCIL -AUGUST 12y 2008 Delegation a - 6 Town of Aurora -Capital Projects be a requirement that the department report to Council at the carliest.time when it has been determined that a project will exceed the Council approved budget. Such reporting should explain as a minimum why and where a project is exceeding budget. 3 On a quarterly basis, each department should review all of their capital projects in ,progress and project the costs expected to complete the project. If any project is expected to exceed budget, the department shorild report to Council and request - additional approval prior to making the expenditure: This provides Council the option of discontinuing a project or providing direction to reduce costs, prior to the project going over -budget This recommendation is intended to ensure that any "over -budget" situation is reported to Council on a timely basis and is approved prior to the funds being spent: In the rare circumstance where it might not be possible to convene a meeting of Council quickly enough to address a budget situation on a particular capital project where a timely decision is required, the CAO in consultation with the Mayor could review and approve the particular project matter and report to Council at the - . earliest possible opportunity.. 4 Where the tendering process results in awarding contracts significantly below the previously approved budget, a revised budget should be prepared by staff and approved by Council. This would provide for act adjustment to the departmenes budget and ensure. total capital project costs arc managed appropriately and kept to a tnittimum. 5 Under no circumstances should capital project costs be recorded to Operations. 6 In addition to the prior approval of Council all purchase orders of $50,000 or more should also be approved by the Director of Finance. 7 For all projects involving demolition or significant renovations, documented consideration (by way of a capital project checklist or other means) should be provided as to whether a hazardous materials study is recommended, and if not, the reasons well documented. This should be a requirement of the budgeting and approval process. This Will alert Council to possible issues and the associated costs early in the process, and. allow Council to assess all costs associated with the project. 8 All tenders from suppliers should be reviewed for compliance upon closing of the request for tenders and all "non -compliant" bidders notified on a timely basis. 9 . Financial. Services department should produce annually (as a nunhmutt) a report summarizing all completed capital projects identifying variances between approved budgeted and actual capital expenditures. IWIM COUNCIL - AUGUST 12,.2008 Delegation a - 7 Town of Aurora- Capital Projects 5 10 As part of our. review it was noted that, presently, there is no documented. policy with regard to situations where a Councillor may wish to initiate or complete purchases on behalf of the Town. To the extent that it is deemed appropriate for Councillors to be .granted such authority we recommend a policy be developed establishing spending limits, timely notification and approval by the applicable Department or. other authorized staff as appropriate. Summary We encourage you to consider both the costs and benefits of implementing our recommendations and look forward to assisting you further on this matter. Sincerely, - - Grant ThorntonLLLrp . 27 - COUNCIL - AUGUST 12, 2008 Delegation b - 1 Panizza, Bob From: Headley, Joanne Sent: Monday, June 16, 2008 8:52 AM To: Panizza, Bob Subject: FW: The ABLE Network at August Council Meeting Attachments: Brochure.02.doc Hi Bob. Would you please place this group on the August 12, 2008 Council Meeting Agenda. Joanne Headley Administrative Assistant to the Members of Council TOWN OF AURORA 1 Municipal Drive, Box 1000, Aurora, ON L4G 6J1 Tel: 905-727-3123, extension 4260 Fax:905-727-4993 jheadl ey@e-aurora, ca www.e-aurora.ca From: Barb Allan Sent: Sunday, June 15, 2008 3:41 PM To:'Headley, Joanne Cc: 'Robin HursN; 'Jennifer Mitchinson' Subject: The ABLE Network at August Council Meeting Hi Joanne, As we told you on Friday, The ABLE Network is an Aurora based program for young adults with intellectual disabilities who have finished high school. Our mission statements is as follows: `We area network of committed community partners. We provide relevant inclusive work and recreation opportunities for adults with intellectual disabilities in natural job and community settings.' Mayor Morris was enthusiastic about our program and suggested that we make a presentation to council to increase our awareness and gain support in the community. Thank you for helping to get us on the schedule to present at the August 12/08 council meeting. I have attached a copy of your current brochure and as you suggested, we will provide more information as the council date approaches. Please confirm that we are onthe agenda for this date. If you have any questions or need.any more information, please do not hesitate to contact me. Sincerely, Barb Allan Founding Director of The ABLE Network OPME COUNCIL - AUGUST 12, 2008 Delegation b - 2 .., O C O O p � O , Z1.r w Ei : d p a°a n o i V O N � O N1 U O I SA E p >1 •u7 � Q C.l U .�'� f0 .,�' C � N iJ O 4= ..�.. Q 65u)r- c/5 E O a) O O z3 C p E o cu o C c0 c l},V /rt�Vl. l�V Y� c^+ (E :3 rt` 1YIE O u E s�� � � a y./�J, V /VLL) LiyJ/a) f 1 Yfi CL u/ O t/J -1� (ro k 4-+ -V N i>1 N O Z N l V- > E U N ICI r®I -J1 WI -29- COUNCIL - AUGUST 12, 2008 Delegation b - 3 coy a) O Ile O O �JF->(A U � o Yy to N j O 0)0 N U > 0> N Q� .> � Y a) > E Q �— cu O Q �_� Q N o — a) - a� � � V m o o O O M a, cu .E tts C cCo�o•0 o� may?; O a ° ai � CL a> � 0- Q E 00 �4)� a� �acn�w°viu.sw,otr?cn� O M S- O.. 4.- U U u1 O O N 4 .O w Sr Qc> m Q Q0� m r a YU L ro� LSU . �.d L 44Z otn �O n5LO mQ o� —Q 7 �� A 0' L 0) U� Z � -30- COUNCIL - AUGUST 12, 2008 A Delegation c - 1 Panizza, Bob From: Carla Adams [c:adams@aurorachamber.on.ca] Sent: Tuesday, August 05, 2008 9:34 AM To: Panizza, Bob Cc: Geoffrey Dawe (E-mail); Sharon Culver (E-mail); Kathy van Nostrand (E-mail); Marion Tripp (E- mail) Subject: FW; Chamber of Commerce Business Awards Dinner r 2008 Town Sponsoship :.. As per the e-mail exchange below, I would like to roquest.delegation status for the Aurora Chamber of Commerce to appear at the Town Council meeting on Tuesday, August 12th. The purpose of our delgation will be to request Town sponsorship of the Aurora Chamber's 2008 Business Achievement Awards gala event, ,Further details regarding the gala will be presented at the meeting. As I am on vacation on August 12th, it is my understanding that Geoffrey Dawe, the Chamber's representative on EDAC, will appear as the Aurora Chamber delegate, and he may have others accompany him. We will confirm the members of the delegation as soon as possible. Thank you very much for your assistance with this. Regards, Carla Adams Executive. Director Aurora Chamber of Commerce -31- COUNCIL - AUGUST 12, 2008 Delegation d - 1 t a JAIL 14 14:10 3"1s r Jul V f� 11Z -32- COUNCIL - AUGUST 125 2008 ITEM # - AuTtoxA TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 08-28 Council Chambers' Aurora Town Hall Monday, July 14, 2008 Mayor Morris in the Chair; Councillors Buck (until 10:26 p.m.), Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Planning & Development,. Manager of Policy Planning and Manager of Administration/Deputy Clerk Mayor Morris called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of InterestAct. II APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by Corporate Services, with the following additional item be approved: ➢ Closed Session — consideration. of a legal opinion, regarding payment of bulkhead repairs at the Stronach Aurora Recreation Complex, be added to the closed session agenda and that the closed session commence at 7:00 p.m. CARRIED General Committee recommends: THAT General Committee convene in a Closed Session to consider the legal opinion regarding payment of bulkhead repairs at the Stronach Aurora Recreation Complex CARRIED General Committee recessed into a closed session at 7:03 p.m. -33- COUNCIL - AUGUST 12, 2008 ITEM # 1- 2 General Committee Report No. 08.28 Monday, July 14, 2008 General Committee recommends: THAT General Committee reconvene in public session. CARRIED General Committee reconvened.in public session at 9:24 p.m. PL08-061 - Downtown Secondary Plan General Committee recommends: THAT Section 2.1 of the Draft Terms of Reference be amended to include. the York Region Transit (YRT) transit impact study. CARRIED General Committee recommends: THAT Section 1 of the Draft Terms of Reference be amended to include the review of current and future YRT land impacts within the study area. CARRIED General Committee recommends: THAT Section 2.2 of the Draft Terms of Reference be amended to include the review of any Regional and Provincial policies regarding growth related reports including intensification policies. CARRIED General Committee recommends: THAT report PLO8-061 — Downtown Secondary Plan be received and referred to the Economic Development Advisory Committee for review and to report back to Council in September; and THAT the report address, but not be limited to, the following areas of concern: Y As an outline, the study area include Wellington. Street westerly to the Bacon Basketware building and easterly to the CNR railway tracks and Yonge Street from St. Andrews Plaza southerly to Henderson Drive ➢ Ensure that the stakeholders' consultation will provide sufflclent opportunity for all to provide input Consideration of the composition of the proposed ad hoc committee Consider likelihood that the policies during this process may be different for certain aspects of the Yonge Street stretch and Wellington Street stretch Y Incorporation of items on the Council pending list for the downtown revitalization CARRIED -34. COUNCIL -AUGUST 125 2008 General Committee Report No, 08-28 Monday, July 14, 2008 ITEM # Councillor Buck left at 10:26 p.m. 2. Council Priority List General Committee recommends: THAT the Council priority list be received and any items that do not have a Council resolution be removed from the list. CARRIED General Committee recommends: - THAT the meeting be extended to 11:00 p.m. CARRIED General Committee recommends: THAT staff review the priorities that reflect - the. resolutions of Council. CARRIED IV ADJOURNMENT General Committee recommends: THAT the meeting be adjourned. at 10:58 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-28 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, AUGUST 12, 2008. PHYLLIS M. MORRIS, MAYOR -35- BOB PANIZZA, TOWN CLERK COUNCIL - AUGUST 12, 2008 ITEM # /— TOWN 'OFAURORA AURORA GENERAL COMMITTEE No. LSAC08-06 SUBJECT: Leisure Services Advisory Committee - Recommendation Summary from June 19, 2008 FROM: Leisure Services Advisory Committee DATE: August 12, 2008 RECOMMENDATIONS ADOPTION OF MINUTES THAT the Leisure Services Advisory Committee Minutes No. 08-05 dated May 15, 2008 be adopted; and THAT it be recommended to Council that a Leisure Services Advisory Committee meeting be scheduled for Thursday, August 21., 2008 to deal specifically with the Recreation Master Plan and Pricing Policy. 1. Correspondence from Ms Carol Walthers . Re: Aurora Sports Council THAT it be recommended to Council that the correspondence from Ms Carol Walthers be received for information; and THAT it be recommended to Council that that the Draft 2009 Leisure Services Operating and Capital Budget be provided to the Leisure Services Committee, when available; and THAT it be recommended to Council that the Director of Leisure Services be requested to verbally update Committee on issues of interest to the Committee; and THAT it be recommended to Council that the issue of development of a Town of Aurora Policy on Sports be placed on a future LSAC meeting Agenda. 2, Trails Sub -Committee Minutes — Meeting No. 08-09 — April 4, 2008 THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held April 4, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: -36- COUNCIL -AUGUST 12, 2008 ITEM # 2-2 August 12 2008 - 2 - Report No. LSAC08-06 1. . THAT staff be directed to correspond with the Region of York to advise the Region of Council's intentions to have the Chair of the Aurora Trails Sub - Committee and a member of staff attend such meeting functions as required with the expectation that the Region will include any or all Trails Sub - Committee representatives in the meetings, as deemed necessary by the Trails Sub -Committee, in matters relating to trail connections leading into or out of the municipal limits of the Town of Aurora in accordance with the Trails Sub -Committee Terms of Reference; and 2... THAT Leisure Services Advisory Committee and Council authorize and support the Trails Sub -Committee in approaching the Region of York Planning and or Transportation Departments with a formal request for the Region to be the coordinating agency in the role of facilitating ongoing meetings, workshops and planning in the future development of off road, heritage and green space trail linkages on all municipal borders of the Town of Aurora, the Town.of Richmond Hill, the Township of King, the Town of Whitch urch-Stouffville and the Town of Newmarket; and 3. THAT the correspondence being sent to the Region of York include a request for information pertaining to the status of the Regional "Heritage Trails Network Study" that was being contemplated by the Region and the further information on the timing and structure of the study be provided to the Town of Aurora at the earliest possible time frame. 3. Trails Sub -Committee Minutes -- Meeting No. 08-10 — April 11, 2008 THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held April 11, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: THAT recommendation 1 of the April 11, 2008 Meeting No. 08-10 of the Trails Sub - Committee minutes be referred to the Director of Finance for a report to Council with respect to the fees outlined in the recommendation - re proposed.fee increase by Hydro One Networks Inc. from $300 per crossing to $400 per crossing; and THAT staff provide information regarding any fees charged by the Town of Aurora to Hydro One Networks Inc. for any easements. 4. Trails Sub -Committee Minutes — Meeting No. 08-11 — May 9, 2008 THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held May 9, 2008 be received for information; and -37- COUNCIL -AUGUST 12, 2008 ITEM # August 12, 2008 - 3 - Report No. LSAC08-06 THAT itbe recommended to Council that the following recommendations be approved: THAT the Trails Sub -Committee endorse the trail connection being requested by staff through the site planning process associated with theYork Region District School Board parking lot project as outlined on the attached sketch; and THAT the Trails Sub -Committee be provided with a comprehensive summary on the status of all Parkland dedication and/or Cash In Lieu of Parkland relative to: a) Required to convey under section 51 of the Planning Act; b) Actual lands conveyed or cash in lieu paid; c) Quantity of cash in lieu of parkland or acres of parkland which remain outstanding; Relative to all lands associated with Magna or Magna subsidiary companies within the area bounded by Bayview Avenue to the west, Leslie Street to the east, Wellingtori Street to the north and the northern boundary of Lot 16 between Bayview Avenue and Leslie Street (see attached map); and THAT this information be provided at the earliest possible opportunity but not later than September 30, 2008. . 5. Trails Sub -Committee Minutes -Meeting No. 08-12 — May 16, 2008 THAT it.be recommended to Council that the Minutes of the Trails Sub -Committee meeting held May 16, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: 1. THAT the eastern portion of the major east -west trails corridor between Bayview Avenue and Leslie Street that doubles as the provincially significant Oak Ridges Trail be moved away from Vandorf Road alignment and that negotiations be started by October 2008 with landowners along the envisioned routing shown on the attached sketch; and 2. THAT support be given to the Parks Department's intention to construct a trail link between Elizabeth Hadar Park and Kennedy Street West on lands that were shown on a survey for an easement for a pedestrian trail that was secured by the Town through the Leonard Lindresidential development agreement. This trail should be implemented subject to staff meeting with -38- COUNCIL - AUGUST 92, 2008 ,TEM # 2-4 August 12; 2008 4 - Report No. LSAC08-06 neighbouring residents to address their concerns (map attached); 3. THAT the construction of the trail on this easement be submitted and approved in the 2009 capital budget for commencement of construction in 2009 as the easement provision for implementing a trail across the former Kwik Kopy lands at the south west corner of St. John Side Road and Yonge Street (see attached plan) expires in 2012 if not constructed; and THAT the current owner of this property be notified in writing of the proposed trail project and the anticipated comment date not later than July 30, 2008, THAT construction of the final link of the Nokiidaa Trail extending north 6f St. John Side Road into the Town of Newmarket be constructed in 2009 subject to the Town of Newmarket completing the expropriation process of the lands necessary to link the Newmarket Trail to Aurora's trail; and THAT staff communicate this information to the Region of York with a request to hold their approved 2008 Community Pedestrian and Cycling Partnership Program trail funding contribution of $80,000.00 approved for the Town of Aurora section of the Nokiidaa Trail until 2009. 6. Media Release —Aurora Idol 2008 THAT it be recommended to Council that the Media Advisory —Aurora Idol 2008, be received for information. 7. Media Release — 2008 Canada Day Parade Comes Alive THAT it be recommended to Council that the Media Advisory — 2008 Canada Day Parade Comes Alive, be received for information. 8 a) Canada Day Parade Sub -Committee - May 1, 2008 Minutes THAT it be recommended to Council that the Minutes of the May 1, 2008 Canada Day Parade Sub -Committee be received for information. 8 b) Canada Day Parade Sub -Committee -May 8, 2008 Minutes THAT it be recommended to Council that the Minutes of the May 8, 2008 Canada Day Parade Sub -Committee be received for information. 8 c) Canada Day Parade Sub -Committee -May 15, 2008 Minutes THAT it be recommended to Council that the Minutes of the May 15, 2008 Canada -39- COUNCIL - AUGUST 12, 2008 ITEM # 2.5 August 12, 2008 - 5 - Report No. LSAC08-06 Day Parade Sub -Committee be received for information. 8 d) Canada Day Parade Sub -Committee -May 22, 2008 Minutes THAT it be recommended to Council that the Minutes of the May 22, 2008 Canada Day Parade Sub -Committee be received for information. 8 e) Canada Day Parade Sub -Committee - May 29, 2008 Minutes THAT it be recommended to Council that the Minutes of the May 29,2008 Canada Day Parade Sub -Committee be received for information. 8 f) Canada Day Parade Sub -Committee -June 5, 2008 Minutes THAT it be recommended to Council that the Minutes of the June 5, 2008 Canada Day Parade Sub -Committee be received for information. 8 g) Canada Day Parade Sub -Committee -June 12, 2008 Minutes THAT it be recommended to Council that the Minutes of the June 12, 2008 Canada Day Parade Sub -Committee be received for information. 9. Discussion regarding the Development of Bike Paths/Trails in Aurora THAT it be recommended to Council thatthe mandate of the Trails Sub -Committee consider bike paths/trails to provide residents with a safe alternate means of travelling through Town. 10. Discussion regarding Capital Replacement Costs THAT it be recommended to Council that a discussion regarding capital replacement costs be deferred to the September 18, 2008 Leisure Services Advisory Committee meeting. 11. Memorandum from the Manager of Facilities and Property —Fitness Centre Cleaning and Maintenance THAT it be recommended to Council that the memorandum from the Manager of Facilities and Property regarding fitness centre cleaning and maintenance be received; and THAT it be recommended to Council that staff investigate the logistics of moving the spinning class to the Activity Room with the equipment being moved to the sides of the room to accommodate the spinning class and provide a report back to Leisure -40- COUNCIL - AUGUST 12, 2008 ITEM # 2-6 August 12 2008 - 6 - Report No. LSAC08-06 Services Advisory Committee regarding this matter; and THAT it be recommended to Council that staff investigate methods to improve the ventilation in the spinning room; and THAT it be recommended to Council that staff investigate the complaint received regarding missing shower curtains in the ladies pool change room; and THAT it be recommended to Council that staff investigate the complaint received regarding mould, dirt, hair, dust, grime and odour in the ladies change room next to the gym; and THAT it be recommended to Council that Capital Budget Item, Nos. 72055 and 72071 be identified as priority items in the 2009 Capital Budget in order to improve the environmental conditions and ventilation for the users of the Aurora Family Leisure Complex, Fitness Centre. CLOSED SESSION 12. Trails Sub -Committee Minutes of June 10, 2008 THAT it be recommended to Council that the presentation by Mr. Klaus Wehrenberg representing the Trails Sub -Committee be received; and THAT it be recommended to Council that Mr. Wehrenberg be requested to provide a closed session presentation to the July 15, 2008 Council meeting regarding this matter: and THAT Council direct staff to review all options of establishing a trail link in the area. ATTACHMENTS Attachment 91 — Leisure Services Advisory Committee Minutes of June 19, 2008 Prepared by. Karen Ewart, Administrative Co-ordinator/Deputy Clerk Ext. 4222 Kar n Manager of Administration/Deputy Clerk On behalf of the Leisure Services Advisory Committee -41- COUNCIL - AUGUST 12, 2008 ITEM # 2-7 AURORA. COMMITTEE MINUTES MEETING NO. 08-06 Committee: Leisure Services Advisory Committee Date: Thursday, June 19, 2007 Time and Location: 7:00 p.m., Leksand Room Committee Members: Councillor MacEachern, Chair, Councillor Granger, Vice -Chair, Michael Levesque, Councillor McRoberts, Judy Norwell, Carol Walthers and Kenneth Whitehurst Absent: John Clement and Margaret Kingerski (Margaret attended the Canada Day Parade Sub -Committee meeting) Other Attendees: Al Downey, Director of Leisure Services and Elmo Stevenson, Committee Secretary The Chair called the meeting to order at 7:10 p.m. DECLARATIONS OF INTEREST Councillor McRoberts declared a pecuniary interest .in Item 4, Recommendation 1 by virtue of his employer being the York Region District School Board and 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. APPROVAL OF AGENDA Moved by Councillor Granger Seconded by Carol Walthers THAT the agenda with the following additional items be approved: 1 Added Item 8 — Canada Day Parade Sub -Committee Minutes — May 1, 2008, May 8, 2008, May 15, 2008, May 22, 2008, May 29, 2008, June 5, 2008, June 12, 2008 -42r COUNCIL -AUGUST 92, 2008 ITEM # 2" 8 2 Added Item 9 — Discussion regarding the Development of Bike Paths/Trails in Aurora 3 Added Item 10 — Discussion regarding Capital Replacement Costs 4 Added Item 11 —Memorandum from the Manager of Facilities and Property - Fitness Centre Cleaning and Maintenance CARRIED ADOPTION OF MINUTES Moved by Michael Levesque Seconded by Councillor McRoberts THAT the Leisure Services Advisory Committee Minutes No. 08-05 dated May 15, 2008 be adopted; and THAT it be recommended to Council that a Leisure Services Advisory Committee meeting be scheduled for Thursday, August 21, 2008 to deal specifically with the Recreation Master Plan and Pricing Policy. CARRIED DELEGATIONS None MATTERS FOR CONSIDERATION 1. Correspondence from Ms Carol Walthers Re: Aurora Sports Council Moved by Carol Walthers Seconded by Judy Norwell THAT it be recommended to Council that the correspondence from Ms Carol Walthers be received for information; and THAT it be recommended to Council that that the Draft 2009 Leisure Services Operating and Capital Budget be provided to the -43- COUNCIL -AUGUST 12, 2008 ITEM # Leisure Services Committee, when available; and THAT it be recommended to Council that the Director of Leisure Services be requested to verbally update Committee on issues of interest to the Committee; and THAT it be recommended to Council that the issue of development of a Town of Aurora Policy on Sports be placed on a future LSAC meeting Agenda. CARRIED MATTERS FOR CONSIDERATION LEASH FREE PARK SUB -COMMITTEE None TRAILS SUB -COMMITTEE 2, Trails Sub -Committee Minutes — Meeting No. 08-09 — April 4, 2008 Moved by Kenneth Whitehurst Seconded by Councillor Granger THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held April 4, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: 1. THAT staff be directed to correspond with the Region of York to advise the Region of Council's intentions to have the Chair of the Aurora Trails Sub -Committee and a member of staff attend such meeting functions as required with the expectation that the Region will include any or all Trails Sub - Committee representatives in the meetings, as deemed necessary by the Trails Sub -Committee, in matters relating to trail connections leading into or out of the municipal limits of the Town of Aurora in accordance with the Trails Sub - Committee Terms of Reference; and THAT Leisure Services Advisory Committee and Council W' COUNCIL - AUGUST 12, 2008 ITEM # 2 - 10 3. 4. authorize and support the Trails Sub -Committee in approaching the Region of York Planning and or Transportation Departments with a formal request for the Region to be the coordinating agency in the -role of facilitating ongoing meetings, workshops and planning in the future development of off road, heritage and green space trail linkages on all municipal borders of the Town of Aurora, the Town of Richmond Hill, the Township of King, the Town of Whitchurch-Stouffville and the Town of Newmarket; and 3. THAT the correspondence being sent to the,Region of York include a request_ for information pertaining to the status of the Regional "Heritage Trails Network Study" that was being contemplated by the Region and the further information on the timing and structure of the study be provided to the Town of Aurora at the earliest possible time frame. CARRIED Trails Sub -Committee Minutes — Meeting No. 08-10— April 11, 2008 Moved by Kenneth Whitehurst Seconded by Councillor Granger THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held April 11, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: THAT recommendation 1 of the April 11, 2008 Meeting No. 08-10 of the Trails Sub -Committee minutes be referred to the Director of Finance for a report to Council with respect to the fees outlined in the recommendation - re proposed fee increase by Hydro One Networks Inc. from $300 per crossing to $400 per crossing; and THAT staff provide information regarding any fees charged by the Town of Aurora to Hydro One Networks Inc. for any easements. CARRIED Trails Sub -Committee Minutes — Meeting No. 08-11 — May 9, 2008 Moved by Michael Levesque Seconded by Judy Norwell -45- COUNCIL - AUGUST 12, 2008 ITEM # THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held May 9, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: 1. THAT the Trails Sub -Committee endorse the trail connection being requested by staff through the site planning process associated with the York Region District School Board parking lot project as outlined on the attached sketch; and .2. THAT the Trails Sub -Committee be provided with a comprehensive summary on the status of all Parkland dedication and/or Cash In Lieu of Parkland relative to: a) Required to convey under section 51 of the Planning Act; b) Actual lands conveyed or cash in lieu paid; c) Quantity of cash in lieu of parkland or acres of parkland which remain outstanding; Relative to all lands associated with Magna or Magna subsidiary companies within the area bounded by Bayview Avenue to the west, Leslie Street to the east, Wellington Street to the north and .the northern boundary of Lot 16 between Bayview Avenue and Leslie Street (see attached map); and THAT this information be provided at the earliest possible opportunity but not later than September 30, 2008. CARRIED 5. Trails Sub -Committee Minutes -Meeting No. 08-12 — May 16, 2008 Moved by Councillor McRoberts Seconded by Councillor Granger THAT it be recommended to Council that the Minutes of the Trails Sub -Committee meeting held May 16, 2008 be received for information; and THAT it be recommended to Council that the following recommendations be approved: W0D COUNCIL - AUGUST 92, 2008 ITEM # 1. THAT the eastern portion of the major east -west trails corridor between Bayview Avenue and Leslie Street that doubles as the provincially significant Oak Ridges Trail be moved away from Vandorf Road alignment and that negotiations be started by October 2008 with landowners along the envisioned routing shown on the attached sketch; and 2. THAT support be given to the Parks Department's intention to construct a trail link between Elizabeth Hadar Park and Kennedy Street West on lands that were shown on a survey for an easement for a pedestrian trail that was secured by the Town through the Leonard Lind residential development agreement. This trail should be implemented subject to staff meeting with neighbouring residents to address their concerns (map attached); 3. THAT the construction of the trail on this easement be submitted and approved in the 2009 capital budget for commencement of construction in 2009 as the easement provision for implementing a trail across the former Kwik Kopy lands at the south west corner of St. John Side Road and Yonge Street (see attached plan) expires in 2012 if not constructed: and THAT the current owner of this property be notified in writing of the proposed trail project and the anticipated comment date not later than July 30, 2008. 4. THAT construction of the final link of the Nokiidaa Trail extending north of St. John Side Road into the Town of Newmarket be constructed in 2009 subject to the Town of Newmarket completing the expropriation process of the lands necessary to link the Newmarket Trail to Aurora's trail; and THAT staff communicate this information to the Region of York with'a request to hold their approved 2008 Community Pedestrian and Cycling Partnership Program trail funding contribution of $80,000.00 approved for the Town of Aurora section of the Nokiidaa Trail until 2009. INFORMATION ITEMS CARRIED -47- COUNCIL - AUGUST 12, 2008 ITEM # 6. Media Release — Aurora Idol 2008 Moved by Councillor McRoberts Seconded by Kenneth Whitehurst THAT it be recommended to Council that -the Media Advisory — Aurora Idol 2008, be received for information. NOT-ITUIT51-11 7. Media Release — 2008 Canada Day Parade Comes Alive Moved by Councillor McRoberts Seconded by,Kenneth Whitehurst THAT it be recommended to Council that the Media Advisory — 2008 Canada Day Parade Comes Alive, be received for information. CARRIED CANADA DAY PARADE SUB -COMMITTEE 8 a) Canada Day Parade.Sub-Committee - May 1, 2008 Minutes W 8 c) Moved by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the May 1, 2008 Canada Day Parade Sub -Committee be received for information. CARRIED Canada Day Parade Sub -Committee - May 8, 2008 Minutes Moved by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the May 8, 2008 Canada Day Parade Sub -Committee be received for information. CARRIED Canada Day Parade Sub -Committee - May 15, 2008 Minutes 191f-IM COUNCIL. -AUGUST 12, 2008 ITEM # 2 -14 Moved by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the May 15, 2008 Canada Day Parade Sub -Committee be received for information. CARRIED 8 d) Canada Day Parade Sub -Committee - May 22, 2008 Minutes Moved by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the May 22, 2008 Canada Day Parade Sub -Committee be received for information. CARRIED -49- COUNCIL - AUGUST 12, 2008 ITEM # 8 e) Canada Day Parade Sub -Committee -May 29, 2008 Minutes Moved by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the May 29, 2008 Canada Day Parade Sub -Committee be received for information. CARRIED 8 f) Canada Day Parade Sub -Committee - June 5, 2008 Minutes Moves! by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the June 5, 2008 Canada Day Parade Sub -Committee be received for information. CARRIED 8 g) Canada Day Parade Sub -Committee -June 12, 2008 Minutes Moved by Judy Norwell Seconded by Michael Levesque THAT it be recommended to Council that the Minutes of the June 12, 2008 Canada Day Parade Sub -Committee be, received for information. CARRIED 9. Discussion regarding the Development of Bike Paths/Trails in Aurora Moved by Councillor McRoberts Seconded by Councillor Granger THAT it be recommended to Council that the mandate of the Trails Sub -Committee consider bike paths/trails to provide residents with a safe alternate means of travelling through Town. CARRIED -50- COUNCIL - AUGUST 12, 2008 ITEM # 2 - 16 10. Discussion regarding Capital Replacement Costs Moved by Carol Walthers Seconded by Kenneth Whitehurst THAT it be recommended to Council that a discussion regarding capital replacement costs be deferred to the September 18, 2008 Leisure Services Advisory Committee meeting. Ca_T:ZWX 11. Memorandum from the Manager of Facilities and Property — Fitness Centre Cleaning and Maintenance Moved by Councillor Granger Seconded by Judy Norwell THAT it be recommended to Council that the memorandum from the Manager of Facilities and Property regarding fitness centre cleaning and maintenance be received; and THAT it be recommended to Council that staff investigate the logistics of moving the spinning class to the Activity Room with the equipment being moved to the sides of the room to accommodate the spinning class and provide a report back to Leisure Services Advisory Committee regarding this matter; and THAT it be recommended to Council that staff investigate methods to improve the ventilation in the spinning room; and THAT it be recommended to Council that staff investigate the complaint received regarding missing shower curtains, in the ladies pool change room; and THAT it be recommended to Council that staff investigate the complaint received regarding mould, dirt, hair, dust, grime and odour in the ladies change room next to the gym; and THAT it be recommended to Council that Capital Budget Item Nos. 72055 and 72071 be identified as priority items in the 2009 Capital Budget in order to improve the environmental conditions and ventilation for the users of the Aurora Family Leisure Complex, Fitness Centre. CN_1Z�1CO -51- COUNCIL - AUGUST I2y 2008 ITEM # CLOSED SESSION 12., Trails Sub -Committee Minutes of June 10, 2008 Mr. Klaus Wehrenberg made a presentation to the Committee in closed session regarding a potential land acquisition. Moved by Judy Norwell Seconded by Councillor McRoberts THAT it be recommended to Council that the presentation by Mr. Klaus Wehrenberg representing the Trails Sub -Committee be. received; and THAT it be recommended to Council that Mr. Wehrenberg be requested to provide a closed session presentation to the July 15, 2008 Council meeting regarding this matter; and THAT Council direct staff to review all options of establishing a trail link in the area. CARRIED ADJOURNMENT Moved by Kenneth Whitehurst THAT the meeting be'adjourned at 11:15 p.m. CARRIED Cou iilor elina MacEachern, Chair -52- COUNCIL -AUGUST 12, 2008 ITEM # 3 - f f- CENTRAL YORK FIRE SERVICES 1 JOINT COUNCIL COMMITTEE MEETING TUESDAY, JUNE 17, 2008 AT 10:30 Am. TOWN OF AURORA ` MINUTES For consideration by Committee of the Whole at its meeting of August 11, 2008 A meeting of the Joint Council. Committee was held on Tuesday, June 17, 2008 at 10:30 a.m. in the Holland Room at the Town of Aurora. Members Present: Newmarket Councillor Emanuel Councillor Woodhouse Aurora Councillor Buck Councillor Wilson Absent: Regional Councillor Taylor Staff: Newmarket R. N. Shelton, Chief Administrative Officer M. Mayes, Assistant Director of Finance L..Gibson, Deputy Clerk Aurora: .. J. Rogers, Chief Administrative Officer J. Gutteridge, Director of: Finance CYFS: J. Molyneaux, Fire Chief P. Leslie, Deputy Fire Chief The meeting was called to order at 10:35 a.m. Councillor Emanuel .in the Chair. DECLARATIONS None. 1. JOINT COUNCIL COMMITTEE MINUTES - JUNE 17, 2008 -ITEM 1 CORRESPONDENCE FROM DIRECTOR OF CORPORATE SERVICES/TOWN CLERK Correspondence dated May 30, 2068 from the Director of Corporate Services/Town Clerk, Town of Aurora regarding Creation of a Fire Services Training Obligatory Reserve Fund. - 53 - COUNCIL -.AUGUST 12, 2008 STEM # Moved by Councillor Buck Seconded by Councillor Woodhouse THAT the correspondence dated May.30, 2008 from the Director of Corporate Services/Town Clerk, Town of Aurora regarding Creation of a Fire Services Training Obligatory Reserve Fund be received for information purposes. CARRIED 2. JOINT COUNCIL COMMITTEE MINUTES --JUNE 17, 2008 — ITEM 2 APPROVAL OF MINUTES Joint Council Committee Minutes of May 20, 2008. Moved by Councillor Wilson Seconded by Councillor Buck THAT the Joint Council Committee Minutes of May 20, 2008 be approved. CARRIED 3. JOINT COUNCIL COMMITTEE MINUTES —JUNE 17, 2008 —.ITEM 3 FIRE SERVICES REPORT 2008-08 OUTDOOR BURNING BY-LAW UPDATE The Deputy Fire Chief provided the. Committee with an update regarding the Outdoor Burning By-law and requested direction regarding regulation applicable to outdoor fires. .Discussion ensued. Moved by Councillor Wilson Seconded by Councillor Woodhouse THAT the wording "offensive to persons residing in the immediate .area" in 'Section 2 (n) of the Draft By-law to Regulate Outdoor Burning be replaced with the Wording in Option 2 being "dangerous to persons in the area, as deemed by the Central York Fire Services staff responding to an incident'. CARRIED Central York Fire Services - Joint Council Committee Minutes June 17, 2008 - 54 - Page 2 of 4 COUNCIL - AUGUST 125 2008 ITEM # Moved by Councillor Buck Seconded by Councillor Wilson THAT Fire Services Report 2008-08 dated' June 4, 2008 regarding the Draft Outdoor Burning By-law together with the draft by-law be received, as amended;. AND THAT the Fire Chief be given the authority to grant exemptions to the by-law; AND THAT the Fire Chief report back to the Joint Council Committee in twelve months after the passing of the Outdoor Burning By-law regarding the impact of the by-law on Central York Fire Services. CARRIED 4. JOINT COUNCIL COMMITTEE MINUTES —JUNE 17, 2608 - ITEM 4 FIRE SERVICES REPORT 2008-09 Fire Services Report 2008-09 dated June 5, 2008 regarding 2007 Year End Budget Report and Report on Fire Services Surplus. Moved by Councillor Wilson Seconded by Councillor Woodhouse THAT Fire Services Report 2008-09 dated June 5, 2008 regarding 2007 Year End Budget. Report and Report on Fire Services Surplus be received;. AND.THAT the amount of $159,146, the 2008 surplus projected in the report, be transferred to the appropriate reserve fund with the 2007 surplus. .CARRIED 5. JOINT COUNCIL COMMITTEE MINUTES —JUNE 17, 2008 —ITEM 5 OUTSTANDING LIST. List of outstanding matters. Moved by Councillor Woodhouse Seconded by Councillor Buck THAT the Outstanding Matters List be received; CARRIED Central York Fire Services - Joint Council Committee Minutes June 17, 2008 - 555 Page 3 of 4 COUNCIL - AUGUST 125 2008 ITEM # 3-4 6. JOINT COUNCIL COMMITTEE MINUTES — JUNE 17, 2008 " ITEM 6 NEW BUSINESS Councillor Wilson inquired with respect to the newspaper ad for the Deputy Fire Chief noting it did not include the Town of Aurora's logo only that of the Central York. Fire Services and the Town of Newmarket. The Fire Chief advised that future ads will respect both municipalities. Moved by Councillor Wilson Seconded by Councillor Woodhouse THAT the meeting adjourn. CARRIED There being no further business, the meeting adjourned at 11:25 a.m. Date Councillor Emanuel, Chair Central York Fire Services. -Joint Council Committee Minutes June 17, 2009 - 56 - Page 4 of 4 COUNCIL - AUGUST 125 2008 ITEM # 4-1 TOWN OF AURORA AUIZQI2A COUNCIL REPORT No.ADM08-010 SUBJECT: Request for Proposal for a Review of the Corporate Organizational Structure of the Town of Aurora FROM: John S. Rogers, Chief Administrative Officer DATE: August 12, 2008 RECOMMENDATIONS THAT the firm BMA Management Consulting Inc. be awarded the contract for the Review of the Corporate Organizational Structure of the Town of Aurora for a contract price of $68,850 plus disbursements. BACKGROUND At the May 13, 2008 meeting of Council the Following resolution from the General Committee of May 6, 2008 was adopted: THAT the Proposal for Organizational Review, attached to reportADM08-007, be issued as part of the Request for Proposals for consultants for the Corporate Organizational Structure review of the Town of Aurora, with the following amendments: Section 3.2- Organizational Structure The role and responsibilities of the Chief Administrative Officer (CAO). in respect to the legislative requirements placed on this position, and the expectations of this (remove) Council. Section 4.2 - Council Liaison Committee - 4 Members of Council An Ad Hoc Committee of Council consisting of four member's of Council will provide the opportunity for the Consultant to liaise with Council during the entire length of the project on an as needed basis. Section 5.1- Consultant, Study Team The consultant will report to the CAD and Council Section 5.2 - Deliverables The consultants may be required to make two electronic presentations to Council as required by the CAD. Electronic copies of all reports are to be provided to the Town of Aurora and will be the property of the Town of Aurora Council COUNCIL - AUGUST 125 2008 ITEM # 4-2 August 12 2008 - 2 - Report No. ADM08-010 In addition to this resolution there was a Capital Project No. 12009 for Corporate Organizational Structure Review in the amount of $95,000.00 a copy of the project sheet is attached hereto as Attachment #1. As a result a Request for Proposal for a review of the Corporate Organizational Structure of the Town of Aurora was issued July 5, 2008 with a closing date of June 20, 2008. We received a very good response to our proposal with 12 companies submitting proposals, these companies were (in no particular order):, 1. PSTG CONSULTING 2. ROCG HOBB 3. AM FM CONSULTING 4. OCG STRATEGY . 5. BERKELEY CONSULTANT 6. BURKE GROUP 7. BMA MANAGEMENT 8. IMAGINATE 9. COVENCO LTD 10.DPRA CANADA 11,OLIVER WYMAN-DELTA 12. BLACKSTONE PARTNERS A Staff review team was formed with the following members: • Director of Planning and Development • Manager of Administration/Deputy Clerk • Manager of Information Technology The evaluation criteria were as follows: CRITERIA Weighting meeting/exceeding our needs 35% -Proposal Fee charges 25% Firm profile & people assigned 20% Performance commitments & Times 10% Additional support/value added 5% Reference check comments 5% TOTAL 100% After a thorough review of the proposals and interviews with the three of the proponents the firm of BMA received the highest marks and are being recommended for this work. The BMA price is $68,850 including disbursements. 58 -. COUNCIL -AUGUST 12, 2008 ITEM # August 12, 2008 - 3 - Report No ADM08-010 BMA Consulting., produces an annual report called Municipal Study that the Town subscribes to and the report provides us with useful comparative data relating to financial information. OPTIONS 1. As stated in the recommendations of this report. 2. That the Review of the Corporate Organizational Structure project not be awarded at this time. FINANCIAL IMPLICATIONS The price of this proposal is well within the budget amount of $95,000.00. CONCLUSIONS We believe that the firm of BMA Management Consulting Inc. are capable of meeting the needs for this proposal. LINK TO STRATEGIC PLAN Goal D; To Maintain a Well Managed and Fiscally Responsible Municipality. ATTACHMENTS Attachment #1 — Copy of Capital Budget for Review of Corporate Organizational Structure Attachment #2 — Terms of Reference for Organizational Review Attachment #3 — Project Schedule and Work Plan PRE -SUBMISSION REVIEW Management Team Meeting - July 30, 2008 Prepared by: John S. Rogers, Ext 4744 �n Jon Chief Administrative Officer 5&7'M COUNCIL - AUGUST 12, 2008 ITEM # Final 2008 Operating and Capital Budget - April 22, 2008 ATTACHMENT -1 TOWN OF AURORA CAPITAL BUDGET - ANALYSIS BY PROJECT Page No: 3 Project ID: Rim Project Name I Corporate Organizational structure Review Department Service I Program JCAD Year of Initiation : 2009 Addresses Council Direction : No ...__..w _ Reviethe current corporate organizational structure to determine if there Is a need for organizational change and if necessary develop an implementation strategy. Potential Improvement organization. Retain consultants to conduct a review of the corporate structure of the Town I: Council, staff and stakeholders. If changes are suggested then an appropriate implementation strategy will be developed. Ell"ll'I'l i l s 'i'�m'- ;�u��"�!!�!'i�IW Contracts Tojal;,E; ttiiafedExperSdFf'ures, n r ! E$ttf�t ted �tnan -.. Gonlrfbution^ from beneras 9 Od0 _ 52'r 95000( .I s5 � oio r , Dthcr Fiijan rn .. PlYIlm COUNCIL - AUGUST 12, 2008 ITEM # 4 - 5 ATTACHMENT -'Z Request for Proposals for Corporate Organizational Structure Review of the Town of Aurora 1.0 Definitions The term "Municipality" shall be understood to mean The Corporation of the Town of Aurora. The term "Town" shall be understood to mean The Corporation of the Town of Aurora. 2.0 introduction 2.1 Introduction The Town of Aurora is a growing municipality located in the centre of York Region. The Town of Aurora's current population is approximately 50,000 persons. The Town recognizes that there is opportunity to improve our current organizational structure and to increase the organization's efficiency and effectiveness, ensuring the best use.of staff and municipal resources. An overall review of the corporation's structure has not been conducted since 1985. Council and staff are committed to building a more focused, responsive, resource -conscious and results -oriented organization. An organizational review would be helpful in this process. 2.2 Purpose To undertake an Organizational Review of the overall departmental operations comprehensive and organizational structure of the Corporation of the Town of Aurora'("the Town") in order to build a more efficient and effective organization. 2.3 Organizational Review Principles This Organizational Review will be based on the following principles: • Council will make the final decision on any changes to the current organizational structure and/or processes. • The current level of municipal service will not be compromised, and should improve. • The Town's organizational structure should foster the efficient and effective delivery of municipal services to the residents of Town of Aurora. . ■ The Organizational Review will incorporate fiscal responsibility. The existing CUPE agreement will be respected and acknowledged. -61- COUNCIL - AUGUST 125 2008 ITEM # 4-6 3.0 Organizational Review Objectives 3.1 Organizational Design To assess the Town's current organizational structure in light of both the municipality's goals and service requirements, as well as sound organizational principles. To identify options and make recommendations to improve the efficiency and effectiveness of the structure. To benchmark the Town's organizational structure against comparable organizations to identify "best, practices", and to make recommendations as to whether the "best practices" can and should be integrated into the Town of Aurora's organizational structure. To review and identify whether staff levels are appropriate to meet work loads in each division, and provide comparisons with other similar jurisdictions. To evaluate the current decision -making processes and make recommendations that foster corporate -based decisions. 3.2 Organizational Culture To evaluate and make recommendations in regard to the following areas: • The steps Council has taken to date in reviewing or establishing the vision, mission, values and priorities which set the course for the municipality. • The current working relationship between.Council and management. • Employee retention and succession planning. • Internal and external communication processes. The role and responsibilities of the Chief Administrative Officer (CAO) in respect to the legislative requirements placed on this position, and the expectations of Council • Principles for conducting business. • Individual accountability and Township. 3.3 Summary and Recommendations To provide a high-level implementation plan for any proposed changes. -62- s COUNCIL - AUGUST 12, 2008 4.0 Organizational Review Team. ITEM # a - 4.1 Organizational Review Team An Organizational Review Team comprised of the Town of Aurora's CAO and staff members from across the organization will be established to work in conjunction with the selected consultant. The primary role of the Organizational Review Team is to assist the consultant in completing the review. The consultant will carry out the review in consultation with this team. The Organizational Review Team will act as a liaison between the consultant and Staff, and will participate in: • The review of the organization structure and culture • The review of administrative processes • The formulation and evaluation of options • The creation of recommendations for consideration by the Town Council The Organizational Review Team, under the direction of the CAO, . will be responsible for informing Town of Aurora Council of the organizational review's progress and matters relating thereto. 4.2 Council Liaison Committee — 4 Members of Council, An Ad Hoc Committee of Council consisting of four members of Council will provide.the opportunity for the Consultant to liaise with Council during the entire length of the project on an as needed basis. 4.3 The Role of the Consultant The consultant will provide independent expertise and advice on the Organizational Review. The consultant will lead the Organizational Review Team and: • Guide, manage and monitor the progress of the. Organizational Review process • Identify methods to engage and obtain feedback from the organization and stakeholders • Identify best management practices in other comparable organizations Formulate options for organizational change • Provide expert advice on each key decision and recommendation -63- COUNCIL - AUGUST 125 2008 ITEM # 4-8 4.4 Stakeholders The following stakeholders will provide critical input and feedback in the review process: a) Town of Aurora Council — Mayor Morris and Members of Council. b) Town of Aurora Staff (individuals) — Including the Chief Administrative Officer, Directors, Managers, Supervisors and representatives from Town Staff c) Citizens of the Town of Aurora — All citizens of the Town of Aurora are stakeholders in the review process. It is not essential that a broad based communication process be established with the general public or local agencies; however some level of community / agency involvement is required. A communication strategy directed at the general public and local agencies is required as part of the implementation of the new / modified organizational structure. 5.0 Work Program & Schedule Proposals must contain a detailed work schedule or work plan containing dates for completion'of major tasks. 5.1 Consultant Study Team The proposal must contain detailed curriculum vitae of the consulting staff to be involved on this project, including qualifications and previous experience. The consultant will report to the CAO and Council. 6.2 Deliverables The consultants may be required to make two electronic presentations to Council as required by the CAO. The consultant will prepare progress reports for the CAO for each milestone in the approved work plan, including a breakdown of the costs to achieve the milestone. The consultant will prepare a final report for Council consideration detailing the Organizational Review's findings, organizational observations and recommendations for change. The final report will include an implementation plan that provides detailed recommendations on transitionirig in the new/modified organizational structure, as well as a detailed monitoring plan. Electronic copies of all reports are to be provided to the Town of Aurora and will be the property of the Town of Aurora Council. 6.0 Fees Including all reimbursable expenses and GST. The consultant should provide an itemized cost estimate required to achieve each milestone within the consultant's recommended approach, including consulting fees (hourly and per diem rates for each member of the team), miscellaneous expenses, disbursements and GST to, achieve deliverables. The proposal will also include an itemized.cost for additional meetings, workshops, and presentations, if required. 64 COUNCIL -AUGUST 12, 2008 ITEM # ATTACHMENT-3 Corporate Organization Structure —Town of Aurora Submitted by BMA.Management,Consulting Inc. In addition to examining the elements listed above, BMA will conduct a survey of staff to measure job satisfaction levels on a variety of topics ranging from the quality of internal communications, comprehension of job expectations, training opportunities, physical work environment and organizational effectiveness. Through this process recommendations will be made to increase the effectiveness of each HR management strategy in order to achieve optimal service delivery and maintain a positive and desirable organizational culture, Corporate culture is often determined by the behaviors within'the more formal aspects of an organization and as part of our process, BMA will examine the Town's Corporate Vision, Mission Statement and Values to ensure alignment with the desired corporate culture. This will include an examination of high level job functions, responsibilities, internal connectivity and the quality of working relationships between Town Departments, between staff and Town Council and the corporation as a whole. Individual and corporate accountabilities and tracking methodologies will also be examined to ensure that appropriate checks and balances are in place in support of good and responsible business practices. Project Schedtile and WorkPlan The chart below provides an overview of the basic process that will be followed. The CAD and Project Team will be updated on a regular basis, after each milestone in the review has been completed. This ensures that the Town is aware of the findings and is given ample opportunity to provide feedback throughout the engagement. The next section of the proposal provides additional detail on each step, followed by some specific areas of review that will be undertaken on a service by service basis. Ju1y31 Appuel5-Sept 12 e,I. 1&19 -65- Sept22-0&15 oG, 15-Dec to Page 24 COUNCIL - AUGUST 12, 2008 ITEM # 4-1 . 0 Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting Inc, "First Principles" Meeting The project will start from a "first principles" basis to confirm the desired outcomes prior to developing the final work plan, We will organize a meeting with the Organizational Review Team to: .i Review the key objectives and confirm that our Interpretation of these objectives is consistent with the Town's position Review the methodology • Review staff, Council and stakeholder consultation Discuss communications, Review the proposed work plan prepared by our team and the time line for project completion, staff involvement and reporting requirements + Gather all relevant. background reports and documents including, but not limited to: + Departmental organizational charts and staff headcount r • Position descriptions of management • CUPE contract Current and capital budgets f Major background reports • . Pertinent studies Strategic Plan and Corporate Business Plan Any other pertinent studies or reports - 66 - COUNCIL -AUGUST 12, 2008 ITEM # 4 - 11 Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting Inc. Communications and Change Management Plan The communications and change management plan will employ the following guiding principles through the consultation process: Timing • Consultation will be undertaken before decisions are made • Consultation will provide stakeholders adequate time to consider Issues Responsiveness • Consultation must be responsive to the expectations of those being consulted Transparency . • The objectives and scope of consultation will be clearly communicated before consulta- tion begins • The steps in the consultation process will be clearly defined at the outset Respect • Consultation will be undertaken in a climate of mutual respect • The methods used will be adapted to the participants, the purpose of consultation and the available resources • The consultation may not always lead to consensus, but It will be designed to lead to a better understanding of the perspectives and positions of all. involved Responsibility • Consultation -is a two-way communication process • Engaging in: the consultation process.carries:with it the responsibility to participate in good faith and with due attention to the public as well as private interest Change management is about developing a positive forward motion throughout the project through the use of a variety of continuous strategies to connect with stakeholders. This involves taking a good base read on the expectations of all parties and providing clear information about the "rules of engagement' throughout the process. Our plan will provide a variety of communications strategies to be used throughout the project and we will guide key personnel in the management of ail two-way information flow in order to minimize concerns and maximize the opportunities for positive engagement. We will prepare all supporting materials and review with the CAO, prior to release. - 67 - COUNCIL - AUGUST 125 2008 ITEM # 4 - 12 ft Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting inc. Review Existing Programs, Services and Organizational Structure The consultants will use a multifaceted approach to reviewing. theexisting programs, services and organizational structure to ensure that there are opportunities for feedback and input throughout the engagement. As identified in the terms of reference, BMA will meet with management/professional staff, front-line, clerical and administrative staff, staff from all departments and members of Council Consultation will include: i. One-on-one meetings —Management Staff, Council 2.° Focus group sessions —Stakeholders, Management Staff, Staff in the Organization 3. Surveys —All Staff BMA will meet with each Councillor to gain their perspective of Town Services and specifically to discuss: • how each Department supports Council's decision -making process • the processes involved in the working relationship between Council and staff • suggestions that' may be helpful in improving the communication and decision -making processes The Town's corporate culture In order to gains clear understanding of the roles and responsibilities and how the organization is currently structured, BMA will undertake'a review of the programs and services provided by each Department and Division. One-on-one meetings with each of the Department Directors and Division's manager/supervisors will focus on gaining a clear understanding of the existing programs and services with a focus on the following: • What are the objectives of the program/functional area • Does the program/service support the Town's priorities? • Are .the service levels and standards defined? What are they? • Are the objectives currently being met? • What are the future challenges and how will these impact staffing decisions? • What are the staffing levels, roles and responsibilities? • What skills/competencies and training is required within your division? • How is performance currently measured/tracked? • Are there opportunities to re -align priorities and resources? • How is technology used and what impact does this have on staffing? • What are the policies, practices and procedures? • How has the organizational structure changed over the years and what is needed to be Aggg in the future? Page 27 -68- COUNCIL - AUGUST 12, 2008 ITEM # I Corporate Organization Structure —Town of Aurora. Submitted by BMA Management Consulting Inc. This step in the process will also include a review of all relevant documents available including any studies, policies, by-laws, internal procedures, organizational structures, job descriptions, current and capital budgets and performance measurements gathered from the first principles meeting. This will provide BMA an opportunity to seek clarification from senior management on current policies and practices.. In addition to the one-on-one meetings with senior and mid level managers, the consultants will conduct function specific individual Interviews with Internal customers wherein a department provides corporate support services or regularly interfaces within the corporation in order to provide service. This will assist in identifying opportunities for greater corporate -wide synergy in ways that may not be traditional at this time. It will also help to identify any inefficiencies by assessing the functional relationships between Departments including documenting the extent and nature of interactions, degrees of overlap, gaps and opportunities for improvement. It is proposed that the consultant will hold focus group sessions with each of the Departments to solicit input from front-line staff. These structured sessions will focus on the strengths, weaknesses, opportunities and challenges of each Department, co-ordination of tasks and processes, work flows, workloads, etc. Further, opportunities for confidential one-on-one meetings will also be provided to ensure that staff have opportunities to share their ideas in a non - confrontational environment. In consultation with the CAO and the Project Management Team, BMA will determine an appropriate listing of community stakeholders to participate in 6 targeted focus group interviews. These will be structured discussions to determine input from Identified client groups or community stakeholders who may have views that need to be considered relative to the structure and provision of specific service areas provided by the Town. In addition, any key community agency representatives or York Region partners will be identified at this point to be contacted for individual Key Informant Interviews. Value Added: Upon discussion with the CAO and Project Management Team, an a -survey of all staff may be undertaken to provide an opportunity for anonymous feedback. Thecompleted surveys will be sent directly to BMA and will focus on opportunities for efficiencies from an operational perspective and provide feedback with respect to the culture of the organization. We have found this tool effective in other studies to assess workloads,, resources, staff involvement in decision -making, teamwork, quality and customer focus, job satisfaction, opportunities for growth and departmental communications. This information will prove to be very useful in understanding the culture of the organization. X;V038 Page 28 COUNCIL - AUGUST 12.1 2008 STEM # 4 - 14 ft Corporate Organization Structure —Town ofAurora Submitted by BMA Management Consulting Inc. An environmental review and assessment of all existing operations will be undertaken to provide an understanding of the existing operations, areas of concern and areas where programs and services are being effectively delivered. Opportunities will be investigated to ensure that high quality services are being.delivered efficiently and effectively within the framework of the values and goals of the Town and to ensure that these are flexible enough in structure to meet changing demands. The internal analysis will also Identify trends and patterns. We will prepare a summary of the key findings with respect to all operations and organizational entities and will identify any duplication/ overlap, gaps and workload challenges. Quality service delivery is also dependent upon 'a well designed performance measurement system that clearly articulates the service goals and objectives, demonstrates the expected service outputs and articulates the expected quality levels for these outputs. We will review the existing performance measurements currently In place, determine their appropriateness and make ^ { any needed recommendations for improvements in this regard. �( Summary of Consultation and Review of Existing Proarams and Services The results of the consultation will be summarized and will not reflect the source of the comments. This will identify and summarize: . 'Significant patterns and trends in perceptions regarding the current level of services provided, organization structure, -reporting relationships and position functions . Suggestions and comments for improving the quality of services Identification of skills/competencies required for the positions Based on feedback from staff, Council and stakeholders, a list of priority improvements to increase the efficiency of the Department and/or cost effectiveness The consultants will further analyze and provide preliminary feedback in the following key areas; . Organizational structure Duplication/overlap of effort and service gaps within the Department - •a Operational, administrative and business systems . Policies, procedures, practices Program effectiveness Compliance with legislation Employee work assignment . Administrative, financial, human resource management r` g Page 29 - 70 - COUNCIL -AUGUST 12, 2008 ITEM# a-15 Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting inc. Conduct External Analysis and.#enchmarking A comprehensive external analysis will be conducted by the BMA project team. This will Include a survey of approximately 6-8-municipalities and will explore all .aspects of service provision identified in the internal analysis section of the work plan. In consultation with the CAO and the Project Team, we will select municipalities of similar size and service portfolio, municipalities considered to be innovative or that have recently undertaken an organization review and in consideration of technologies employed. Through a phone survey and receipt of supporting documentation, we will gather information on: • How services are provided in other jurisdictions • Staffing levels, managementjob descriptions, roles and responsibilities. • Organization structure, # divisions • Centralize/decentralization of services across the Corporation . • Processes, policies; departmental/corporate budgets • Trends, what's working and what is not and whether there are gaps in the provision of services This will be used during the process to assess alternative organization models and to determine whether they may be suitable for Aurora to provide the most efficient and effective services. Further, a comparison of staffing levels, positions and responsibilities will be undertaken and included in the report. We will also gather job descriptions from management/ supervisory positions, as appropriate. SWOT Analysis Upon completion of the internal and external analysis, the consultants will complete a SWOT _ analysis. This is an effective way of identifying the Department's Strengths and Weaknesses, and of examining the Opportunities and Threats. Carrying out an analysis using the SWOT r framework will help focus the recommendations into areas where there are greatest opportunities and to mitigate threats to program effectiveness. The evaluation will include the following key areas: • Significant patterns and trends in perceptions regarding the current level of services provided, organization structure, reporting relationships and position functions • Effectiveness and efficiency of the services and programs being delivered • Appropriateness of the systems/processes in place and impact of new technologies Current staffing levels, roles and responsibilities in comparison to industry benchmarks • Appropriateness of the service levels based on stakeholder feedback • Duplication/overlap of responsibilities within and between Divisions and other i Departments Assessment of customer service processes, current communications and culture • Identification of any risks with respect to compliance with legislation/regulations + O portunitles to improve the current services and how to address potential threats R i ., n s: Page 30 71 I COUNCIL - AUGUST 12, 2008 STEM # Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting Inc. e Prepare Options and Draft Recommendations Based on the SWOT analysis and discussions with the CAD and Project Management Team, BMA will provide preliminary options and draft recommendations In the following key areas: • A list of priority improvements to .increase the efficienby,' effectiveness or quality of the corporation's services by Department and on a corporate -wide basis • Organizational structure options and the pros/cons of each • Proposed staffing levels, types of positions and roles.and responsibilities, employee work assignment and workloads and interface/alignment between Departments • Management/professional positions and core competencies required • Recommended performance and quality standards • Streamlining of services to align with new technologies —Integration, co-ordination, training requirements, process changes required • Actions to improve communications within the Divisions and other Town Departments • Succession planning and career paths to attract and retain high caliber talent This information will be presented to the. CAD for further feedback. The recommendations will be supported by sound rationale, specific examples and benchmarking data. Page 31 - 72 - COUNCIL AUGUST 12, 2008 ITEM # Strategy Alignment i Strategy Implementation Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting Inc. Prepare New Proposed Organization Structure Upon completion of.the Internal and external analysis, the SWOT analysis, and input from staff, the consultants will then focus on the organization structure and will address the following key questions. n, WIN E17 e a E� What is the Whatdoes What Is the How do the How should Departments the plan for - organization the Plan to deliver Department - acquldng,, and_the or anlzation optimal value? need to do investing In programs & be designed well to and deploying practices to support Implement people to build create, the people the business the needed sustain and sbategies? strategy? capabllitles? reward the How do they workforce? compare to What are the other similar training needs organizations of the Intheses Department? capabllldes? Rapprkng - r alas menl 'Croce., 'Comm., Y _ •Cueto,m 'Vision and Veleea •Employee Involvement 'Citizen Cows 'Ouallly Menacomant' 73 - 'OmenlrJnp COnmpt 'Nplh eM Spen.Contml 'UedW.h-M.Wne Style •Pedom,anm Focus 'Shu(lumlfmmework 'SteeeQ TrolnV1W'nt & -Rewards Maannager n periormam MeponnerWork Enn,olirmnt Page 32 COUNCIL -AUGUST 12, 2008 ITEM # 4 - 18 Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting Inc. To ensure that the proposed organization structure is appropriate and has the sufficient staffing levels, the consultants will undertake the following steps: Identify and discuss: -Keyissues -Organizational requirements -Preliminary selection criteria -Identify data required to describe "as is" situation Interviews - -Focus groups -Surveys -Document review -Team member analysis TRAININOICORE SKILLS Process design -Data requirements Identification -Opportunity definitlon and identification -Interviewing -Prloiltizing work activities -Work cluster summary -MaJor undedyyg processestsubpnroceses assessment -Process mapslpreliminary analysis -Root cause analysis -Opportunities -Determine how to address -Review oplions with senior mgmt _ Prepare Final Report The Town will receive a detailed report highlighting the findings, recommendations and action plan. This will include a summary of potential financial implications of the recommendations (one-time and ongoing) and next steps. BMA will present the findings to the CAO and Project Management Team. This will include organization alternatives and specific recommendations. Page 33 74 - COUNCIL - AUGUST 12, 2008. ITEM # Corporate Organization Structure —Town of Aurora Submitted by BMA Management Consulting Inc. Communications and Change Management Plan The quality of communications will drive the quality of the perceptions. [twill be critical to build in supports to ensure that key leaders are vigilant .aboutthe quality of the information,.. the timing and the tone. The best, outcomesare realized when there is a clear and universal understanding of next steps. At this stage in the process, BMA will develop a communications and change management plan, with a focus on strategies to roll out the recommendations for the new organization. The above noted elements will be incorporated into the communication and change management plan. The objectives.of the communication and change management plan are to: • Use communication mechanisms to be inclusive, empowering, open and transparent as well as providing staff with critical information, feedback mechanisms and support during the change • Assist with the implementation of the recommendations Develop an environment conducive to the successful implementation of change A draft plan will be prepared by BMA for review by the CAO. The communication and change management plan will occur in phases including: Q Awareness —developing knowledge of the change + Understanding —staff comprehending the nature and intent of the change and start developing an understanding of what it will mean to them • Positive perception —strategies will be implemented to try and engage staff in developing a positive perception of the change + Implementation --change becomes operational + Adoption —strategies for continuous communication after implementation Presentations BMA will be available to make two presentations to Council on the project and findings in accordance with the RFP and additional presentations upon request from the CAO. =.:.,, Q 161 .,1`t � , - 75 - Page 34 COUNCIL - AUGUST 12, 2008 ITEM # TOWN OF AURORA AURORA COUNCIL REPORT No.CS08-029 SUBJECT: Pesticide By-law Update FROM: Bob Panizza, Director Corporate Services DATE: August 12, 2008 RECOMMENDATIONS THAT the proposed Pesticide Use By-law be adopted, and THAT upon the passing of the Provincial Legislature's Bill 64-AnAct to amend the Pesticides Act to prohibit the use and sale of pesticides in Ontario for cosmetics purposes, that the Pesticide Use By-law be reviewed for compliance with the amended Pesticides Act. BACKGROUND At the Council Meeting held on May 20, 2008, presentations were made Mr. John Clement, Mr. David Tomlinson and Ms. Gloria Marsh concerning the Town's proposed Pesticide By- law. Mr. Tomlinson and Mr. Clement generally concurred with the purpose of the by-law, however they suggested that careful, responsible and controlled use of pesticides and herbicides in certain circumstances to preserve and, protect the environment may be useful. Both gentlemen explained that in a practical and controlled fashion, these substances can be useful in habitat establishment and management to attract and preserve native wildlife and to protect natural lands from infestation of invasive species. Mr. Tomlinson and Mr: Clement requested that Council give consideration to amending the by-law to allow the Town to issue permits for practical controlled applications in cases where it would be considered useful and appropriate. Ms. Gloria Marsh also spoke in support of the proposed by-law to prohibit the use of pesticides for cosmetic purposes in Aurora and expressed a concern that the infestation clause may allow businesses to misuse the option of claiming infestation to use pesticides when they could alternatively use organic lawn care. strategies with better results. Ms. Marsh advised that the Town of Markham.has a permit process for infestations and she fully supports the suggestion posed by Mr. Clement and Mr. Tomlinson, to include a permit provision in the Town of Aurora's pesticide by-law. Ms. Marsh also advised that the City of Vaughan's pesticide by-law does not contain an infestation clause, and she advised that she would also support the removal of the clause from Aurora's proposed pesticide by-law, leaving organic strategies as the only option. - 76 - COUNCIL - AUGUST 92, 2008 ITEM # 5-2 August 12 2008 - 2 - Report No. CS08-029 As a result of these presentations, Council passed the following resolution: THAT proposed Pesticide By-law 5033-08.P be deferred for further review and that staff report back addressing the issues discussed at this meeting. Staff subsequently met with Mr. Tomlinson and also spoke to Ms. Marsh of the York Region Environmental Alliance as part of the formal consultation process of the by-law and staff is well aware of their concerns regarding the proposed by-law. Permit System The original draft of the by-law presented earlier this year, contained a "Permit Section" that would require residents or their contractors to obtain a permit for the application of a cosmetic pesticide where there was a documented infestation on their property. However, this section was deleted and modified and the onus placed on the property owner to document that their property had suffered an infestation as defined in the by-law before applying a pesticide. The original definition of an infestation was defined as specific level of grubs, cinch bugs etc. per square metre. This was later changed to a less restrictive definition with infestation meaning "the presence of pests in numbers or under conditions which involve an immediate or potential risk of substantial loss or damage to property or harm to a person."Therefore, if the Town did receive a complaint from a resident that the property owner or his contractor did apply a pesticide, they would have to satisfy the Town there was an infestation as defined in the by-law. Staff has investigated other "Permit Systems" for the application of pesticides that are already in place, and found the Town of Markham's example to be the most comparable. Markham's by-law came into full effectthis year, and they have processed only 10 permits for the application of pesticides, but have received in excess of 1,000 applications for permits. The bulk of these applications have been for preventative measures against infestations where there has been no documented infestation on the property.. Staff has learned from the Markham experience that it is imperative to ensure that it is clear to both the residents and the landscaping business community that a permit will not be issued unless there is a documented infestation on the property. Accordingly staff is prepared to introduce a similar permit system whereby the property owner or agent would be required to file an application for a permit including evidence of infestation from an IPM accredited professional. A report would then be presented to Council for approval before a permit would be issued. In their comments to Council, Mr. Clement and Mr. Tomlinson as volunteers with the Aurora Arboretum expressed a concern over the apparent prohibition on the use of pesticides for use for what they refer to as "forestry and habitat management." 77- COUNCIL - AUGUST 12, 2008 ITEM # August 12, 2008 - 3 - Report No. CS08-029 These are occasions where there isn't an infestation of an unwanted species of plant or insect, but rather, as in the case of a large tree planting, where it is necessary to "knock down" the tall grass with a single application of pesticide or herbicide to give the plantings a chance to thrive. None of the by-laws reviewed by staff in the preparation of the Town's proposed by-law addressed this issue. Staff nevertheless, is not averse to also using the permit system for "forestry and habitat management" issues such as those raised by Mr. Clement and Mr. Tomlinson. Staff therefore has reconsidered the implementation of a Permit System and is now proposing a two -tiered Permit System for the application of cosmetic pesticides or herbicides here in Aurora as follows: Infestation Permit ❑ Taken out by the property owner or their agent ❑ Must meet the definition of an Infestation as defined in the by-law ❑ Infestation must.be present on the property at the time of the application ❑ Application of the pesticide or herbicide must follow the conditions of the permit ❑ The permit application must be approved by Council 2. Forestry and Habitat Management Permit ❑ Taken out by the property owner or their agent ❑ Must meet the definition of Forestry and Habitat Management as defined in the by-law ❑ Application of the pesticide or herbicide must follow the conditions of the permit. ❑ The permit application must be approved by Council As outlined, any requests for either of the two types of permits namely, Infestations permits and Forestry and Habitat Management permits would be presented to Council with a covering report for approval by Council. This approval process would provide Council with the same opportunity to oversee the approval process as in the Town's Tree Preservation By-law where applications are forwarded to Council for approval. Staff does not foresee a large number of these permits to be issued on an annual basis and the turnaround process can be accommodated to meet the expectations of the public, Ontario Legislature Bill 64 As Council is aware, the Provincial Government has introduced Bill 64—An Act to amend the Pesticides Act to prohibit the use and sale of pesticides in Ontario for cosmetics purposes. Included in this Bill is a provision for of an exemption for the application of pesticides for "Uses related to forestry" which may depending on .the prescribing requirements in the Regulations to follow, provide support for the proposed Forestry and Habitat Permit in the by-law. - 78 - COUNCIL -AUGUST 12, 2008 ITEM # August 12 2008 4 - Report No. CS08-029 The Bill also contains an "Inoperative Clause" that depending on the Regulations passed under the amending Act, may make parts or all of a municipal pesticide by-law inoperable or invalid if it is found to be more restrictive than the Provincial legislation being proposed. It is for this reason that staff are recommending that the Pesticide By-law if passed be reviewed once Bill 64 is passed and the accompanying Regulations have been prescribed. OPTIONS Option #1 —As recommended in this report Option #2 — That Council provides an alternative recommendation. FINANCIAL IMPLICATIONS It is anticipated that there will be financial implications to cover the costs forthe preparation and distribution of printed material and workshops for stakeholders in order to educate the public on the .by-law's regulations. These costs will be included in the 2009 operating budget. Furthermore, depending on the volume of calls, additional staff may be required to properly administer and enforce the proposed by-law: Staff will be in a better position to comment on the extent of the financial implications to Council once the by-law is in place and the extent of the Provincial legislation is known including the proposed regulations to the Pesticides Act. It is also proposed that a $60 application fee be implemented for anyone that may wish to file an application for a permit. The fee would be utilized to offset any administration costs for processing an application. CONCLUSIONS Staff has reconsidered the implementation of a Permit System as found in a number of other municipal by-laws to address the, issue of infestations. In addition, staff has also addressed the issue of the need forthe application of pesticides in cases where it furthers good "forestry and habitat management." These proposed changes are highlighted in bold in the accompanying by-law. There is also a realization that the provisions of the proposed by-law will have to be reviewed and possibly amended once the Province's Bill 64 and its Regulations have been passed. LINK TO STRATEGIC PLAN Goal C: Promote a healthy environment that fosters social and physical well being - 79 - COUNCIL - AUGUST 12, 2008 ITEM # August 12, 2008 - 5 - Report No. CS08-029 Objective C1: Maintain, respect, preserve and enhance natural environment, natural heritage and green spaces Objective C2: Enhance and promote public safety Objective C3: Develop strategies to encourage stewardship of Aurora's air, water and land resources ATTACHMENTS Appendix #1 — By-law 5033-08.P Appendix #2 -Application form for a permit PRE -SUBMISSION REVIEW Management Team Meeting — July 30, 2008 Prepared by. Chris Alexander, By-law Services Manager Bob Panizza Director, Corporate Services John S. Rogers C.A.0. - 80 COUNCIL -AUGUST 12, 2008 ITEM # APPENDIX #1 eKO Nn'of j4�o THE CORPORATION OF THE TOWN OF AURORA 4ws(n/ - .By-law Number 5033.08.P A0!BEING A BY-LAW for the prohibition of the application of cosmetic pesticides in the Town of Aurora. WHEREAS the provisions. of Section 2 of the Municipal Act, 2001, as amended, Municipalities are recognized as responsible and accountable governments and are given powers and duties that include fostering the current and future environmental well-being of the municipality; AND WHEREAS pursuant to Section 130 of the Municipal Act as amended. Municipalities may enact by-laws for purposes related to the health, safety and well- being of its inhabitants; AND WHEREAS Council has determined through extensive consultation to and other research that pesticide use has potential negative health and environmental effects on the well-being of its inhabitants and the use of pesticides shall be prohibited to mitigate. the injurious impacts of pesticides on health and the environment; AND WHEREAS prohibiting the use of pesticides will help to promote and protect the physical environment and the health of the Towns residents; AND WHEREAS prohibiting the use of pesticides respects the "precautionary principal' of international law which provides that to achieve sustainable development, environmental policy must Anticipate, prevent and attack the causes of environmental degradation and the lack of scientific certainty should not be used as a reason for postponing, measures that would prevent environmental degradation; AND WHEREAS.prohibiting the use of pesticides by by-law will enhance and will not conflict with existing federal or provincial legislation; AND WHEREAS Council Intends to undertake a public notification and awareness program on the prohibition of pesticides and alternative methods to control pests as part of its pesticides prohibition scheme; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. Definitions: In this By-law: ENCLOSED — means closed in by a roof or ceiling and walls with an opening or openings for Ingress and egress, which openings are quipped with doors which are kept closed except when actually in use for egress or ingress. FORESTRY AND HABITAT MANAGEMENT — means recognized practices consistent with the preservation and development of all aspects of plant life and includes the application of pesticides on a limited basis where necessary; INFESTATION — means the presence of pests in numbers or under conditions which involve an immediate or potential risk of substantial loss or damage to property or harm to a person. -81. COUNCIL - AUGUST 12, 2008 ITEM # I.P.M. ACCREDITED PROFESSIONAL — means a person who obtains and maintains accreditation in a recognized integrated pest management program such as from the Audubon Cooperative Sanctuary System of Canada or Landscape Canada or equivalent, as determined by the Town and provides proof of Current I.P.M. accreditation upon request from the Town. PEST — means an animal or plant or other organism that is injurious, noxious or troublesome, whether directly or indirectly, and an injurious, noxious or troublesome condition or organic function of an animal, a plant or other organism. PESTICIDE —includes a product, an organism or a substance that is a registered control product under the federal Pest Control Products Act which is issued as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects but does not include the products listed In Schedule "A" of this by-law. PLAYING FIELD- means a public or private property or piece of public or . private property that's use is dedicated to organized sporting events including but not limited to soccer fields, baseball diamonds and footfall fields. PROPERTY —includes both Town owned property and privately owned property in the Town of Aurora. TOWN — means the Corporation of the Town of Aurora. 2. Restrictions: 2.1 No person shall apply or cause or permit the application of any pesticide within the boundaries of the Town of Aurora. 2.2 The provision set out in subsection 2.1 does not apply when pesticides are used: (a) To disinfect swimming pools, whirlpools, spas or wading pools; (b) To purify water intended for use of humans or animals; (c) Within an enclosed building; (d) To control termites; (e) As a wood preservative; (f) As an insecticide bait which is enclosed by the manufacturer in a plastic or metal container that has been made in a way that prevents or minimizes access to the bait by humans and pets; (g) To comply with the Wood Control Act R.5.0. 1990 c. W.5, as amended and the regulations made there under or; (h) As an insect repellent for personal use; (i) In furtherance of a normal farm practice carried on as part of an agricultural operation pursuant to the Farming and Farm Production Protection Act 1998, S.O, 1998. c. 1. as amended; Q) To control or destroy pests which have caused an infestation to a property where a permit has been obtained; (k) On a golf course where there is an accredited Integrated Pest Management professional employed on a full time basis by the dolt course; (1) By the direction of the Medical Officer of Health for the Region of York; (m) To promote good forestry and habitat practices where a permit has been obtained. . 82 - COUNCIL - AUGUST 125 2008 ITEM # 5 - $ 3. Infestation - Permit: 3.1 Where a property has suffered an infestation as defined in the by- law, the property owner or his agent shall document the infestation fully and make application for a permit from the Town before applying a pesticide. 3.2 Whore an application for a permit is received, the permit application and all relevant documentation and the permit fee as outlined in Schedule `B" of this by-law shall be forwarded to Council for approval. 4. Forestry and Habitat Management - Permit 4.1 Where a property owner wishes to apply pesticides consistent with good forestry or habitat management practices, the property owner or their agent shall document the need for the use of pesticides and make application for a permit from the Town before applying a pesticide. . 4.2 Where an application for a permit is received,the permit application and all relevant documentation and the permit fee as.outlined in Schedule "B" of this by-law shall be forwarded to Council for approval. 5. Enforcement: 5.1 A Police Officer, Provincial Offences Officer or employee of the Town of Aurora is authorized to inform any person of the provisions of this by-law and to request compliance therewith. 5.2 Effective from one (1) year from the passing of this by-law, no person shall discharge or permit the discharge of a pesticide on a golf course unless applied by a licensed applicator licensed under the Pesticides Act and the golf course has an accredited Integrated Pest Management Professional on their staff. 6. Offences: Any person contravening any of the provisions of this by-law is guilty of an offence and on conviction is liable to a fine in such amount provided by the Provincial Offences Act, R.S.O. 1990 c. P.33, as may be amended from time to time. 7. Severability: If a court of competent Jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it Is hereby declared that the remainder of the by-law shall be valid and shall remain in full force and effect: . 8. Short Title: The short title of this by-law shall be the " Pesticide By-law". 9. Effective Date: That the by-law comes into full force on January 1, 2009. -83- COUNCIL - AUGUST 12, 2008 ITEM # READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST 2D08. READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF AUGUST 2008. PHYLLIS M MORRIS, MAYOR BOB PANIZZA, TOWN CLERK -84- COUNCIL - AUGUST 12, 2008 ITEM # 5 - 10 SCHEDULE `A' 1. A product that uses pheromones to lure pests, sticky media to trap pests or "quick — kill" traps for vertebrate species considered pests, such as mice and rats. 2. A product that is or contains only the following active ingredients: (a) A soap (b) A mineral oil, also called dormant or horticultural oil (c) Silicone Dioxide, also called "diatomaceous earth" (d) Biological pesticides, including BT (bacillus thuringiensis) and nematodes; (a) Borax, also called "boric Acid' or " boracic acid"; (f) Ferric acid; (g) Acetic acid; (horticultural vinegar). (h) Pyrethrum or pyrethrins; (1) Fatty acids; Q) Sulphur; or (k) Corn gluten meal. - 85 - COUNCIL -AUGUST 12, 2008 ITEM # 5 - 11 SCHEDULER Permit Fees Permit fees for both Infestation and Forestry and Habitat Management Type of Permit Cost of a Permit Infestation $50.00 Forestry and Habitat Management $50.00 86 - COUNCIL -AUGUST 12, 2008 =ITEM# 5.12 APPLICATION FOR THE USE OF PESTICIDES UNDER BY-LAW NO. 5033.08.P AU12ORA, you,YeiwyoozCocx j, v By-law Services 1 Municipal Drive Aurora, Ontario L4G 6J1 (905) 726-4751 APPENDIX #2 A) REASON FOR APPLICATION (please check one) ❑ To control or destroy a health hazard ❑ To control or destroy pests which have caused an infestation to property Type: . B) APPLICANT INFORMATION First Name: Last Name: Address: Unit: City: Prov. Postal Code: Telephone #: (�) Fax M Cell#: ( ) E-mail: Property owner_ Occupant/Authorized Agent_ Lic'd Applicator_ C) APPLICATOR INFORMATION (Name is to be that of the contact person for the contracted company) First Name: Last Name: Address: Unit: City: Prov. Postal Code: Telephone #: Fax #: U Cell#: { ) E-mail: Provincial Pesticides Operator License No. D) TYPE OF PESTICIDE APPLICATION Name of chemicals to be used: Application method: Approximate size of area to be treated: Date pesticide to be applied: Please submit form to the Town of Aurora, or by fax to (905) 726-4732 - 87 Municipal Drive