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AGENDA - General Committee - 20080205GENERK 00 AGENU NO.08-07 ITTEE TUESDAY, FEBRUARY 5, 2008 7:00 P.M. COUNCIL CHAMBERS TOWN NALL PUBLIC RELEASE 30/01 /08 AURORA TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 08-07 Tuesday, February 5, 2008 7:00 p.m. Council Chambers Councillor Marsh in the Chair I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OFAGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. III ADOPTION OF PREVIOUS MINUTES Special General Committee Meeting Minutes, 08-01, pg. 1 January 7, 2008 Special General Committee Meeting Minutes, 08-02, pg. 3 January 8, 2008 General Committee Meeting Minutes; 08-03, January 15, 2008 RECOMMENDED: pg. 7 THAT the Special General Committee Meeting minutes 08-01, 08-02 and the General Committee Meeting minutes 08-03 be adopted. General Committee Meeting No. 08-07 Tuesday, February 5, 2008 Page 2 of 7 1V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION VI DELEGATIONS (a) Mr. Lloyd Russell, Director of Finance, Region of York pg. 21 Re: Municipal Pooling Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS X CLOSED SESSION None XI ADJOURNMENT General Committee Meeting No. 08-07 Page 3 of 7 Tuesday, February 5, 2008 AGENDA ITEMS 1. AAC08-01 — Accessibility Advisory Committee Meeting Minutes pg. 22 January 9, 2008 RECOMMENDED: THAT the Accessibility Advisory Committee Meeting minutes from the January 9, 2008 meeting be received and the recommendations contained therein be adopted. 2. EAC08-01 — Environmental Advisory Committee Meeting Minutes pg. 28 January 10, 2008 RECOMMENDED: THAT the Environmental Advisory Committee Meeting minutes from the January 10, 2008 meeting be received and the recommendations contained therein be adopted. 3. EDAC08-01 — Economic Development Advisory Committee Meeting pg. 41 Minutes - January 10, 2008 RECOMMENDED: THAT the Economic Development Advisory Committee Meeting minutes from the January 10, 2008 meeting be received and the recommendations contained therein be adopted. 4. GAC08-01 —Graffiti Abatement Ad Hoc Committee Meeting Minutes pg. 51 January 17, 2008 RECOMMENDED: THAT the Graffiti Abatement Ad Hoc Committee Meeting minutes from the January 17, '2008 meeting be received and the recommendations contained therein be adopted. General Committee Meeting No. 08-07 Page 4 of 7 Tuesday, February 5, 2008 5. LSACO8-01 — Leisure Services Advisory Committee Meeting Minutes pg. 58 January 17, 2008 RECOMMENDED: THAT the Leisure Services Advisory Committee Meeting minutes from the January 17, 2008 meeting be received and the recommendations contained therein be adopted. 6. Earth Hour Resolution pg. 75 (Tabled by Mayor Morris) RECOMMENDED: THAT Council provide direction on this matter. 7. PL08-007 -Application for Site Plan Approval pg. 78 2003839 Ontario Inc. 14729 Yonge Street Lot 5, Plan 10328 File D11-14-07 RECOMMENDED: THAT report PL08-007 be received as information; and THAT, subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Acting Director of Planning and Development Services to execute a Site Plan Agreement between the Owner and the Town of Aurora to permit the construction of a new 1637.4m2 (17625.4 ft2) Shoppers Drug Mart building on the subject lands. 8. ADM08-001 — Regional Municipality of York pg. 87 Lease Agreement for EMS Services 220 Edward Street (Aurora Fire Hall) RECOMMENDED: THAT the Mayor and Clerk be authorized to execute the Lease Agreement with The Regional Municipality of York for lease to the Region's Emergency Medical Services (EMS) for a one-year term of a portion of the building located at 220 Edward Street, in the Town of Aurora, as attached to this report. General Committee Meeting No. 08-07 Page 5 of 7 Tuesday, February 5, 2008 9. PW08-005 - Award of Tender No. PW2007-125 — Water Service pg. 100 Box Vacuum Repair and Cathodic Protection of Watermains within the Town of Aurora RECOMMENDED: THAT Tender No. PW2007-125, "Water Service Box Vacuum Repair and Cathodic Protection of Watermains within the Town of Aurora", be awarded to Nu -Con Contracting for a one year contract with options to renew for a further two one-year periods; and THAT Council approve the expenditure of the budgeted amounts of $80,000 from 2007 and $80,000 from 2008 on these projects; and THAT Council authorize the Mayor and Clerk to sign the Form of Agreement to execute the subject contract. 10. PW08-006 — Municipal Infrastructure Investment Initiative pg. 107 RECOMMENDED: THAT Council pick one of the following projects to be submitted to the Province of Ontario for funding under the Municipal Infrastructure Investment Initiative: 1. Project No. 31068 — Reconstruction of Allaura Boulevard; or 2. Project No. 42039 — Retrofit SWM facilities SW-2/SW-3 and C-1; and THAT Councjl direct staff to undertake the work required to complete the application for the selected project by the mandated February 15, 2008 deadline; and THAT staff be directed to report further to Council in relation to the selected project as per normal procedures, such as for approval of the award of the construction contract. 11. LS08-002 — Pine Tree Potters Lease at Aurora Public Library pg. 127 RECOMMENDED: THAT Council authorize Leisure Services staff to renew the lease for the Pine Tree Potters Guild at the Aurora Public Library as per section 2.4: Option to Extend of the Existing Lease Agreement; and General Committee Meeting No. 08-07 Tuesday, February 5, 2008 Page 6 of 7 12 13. THAT Council approve an amendment to the billing of hydro under a proposed new agreement. LS08-003 — Pathway Lighting Lambert Willson Park pg. 144 RECOMMENDED: THAT Council authorize an expenditure of $20,040.00 for the purchase of additional walkway light fixtures, lamps and underground cable for Lambert Willson Park. Key Performance Indicators ➢ Administration pg. 149 - Chief Administrative Officer's Office pg. 151 - Communications and Marketing pg. 155 - Economic Development pg. 159 - Legal Services pg. 163 ➢ Building pg.167 ➢ Corporate Services - Clerk's Department pg. 171 - By-law and Licensing Services pg. 173 - Human Resources pg. 177 - Information & Technology Services pg. 179 ➢ Financial Services pg. 187 ➢ Leisure Services pg. 193 ➢ Planning pg.197 ➢ Public Works pg. 201 ➢ Library pg.209 RECOMMENDED: THAT the KPIs be received for information. 14. PL08-005 — Stewart Burnett Park RECOMMENDED: pg. 210 THAT Council direct staff on the preferred option pertaining to the construction of playground equipment and playing fields within Stewart Burnett Park. General Committee Meeting No. 08-07 Page 7 of 7 Tuesday, February 5, 2008 15. Memorandum from the Acting Director of Planning pg. 217 Re: Official Plan Amendment, Zoning By-law Amendment and Proposed Plan of Condominium Applications Westhill Redevelopment Company Limited 16. 17 RECOMMENDED: THAT the memorandum from the Acting Director of Planning regarding Westhill Redevelopment Company Limited be received for information. CS08-004 — Notice Provision Policy RECOMMENDED: pg. 279 THAT the Notice Provision Policy report CS08-004 be received; and THAT the proposed policy, included as Appendix #1 to the report, be approved. FS08-006 — Council and Local Board Members Remuneration pg. 286 and Expenses for 2007 RECOMMENDED: THAT report FS08-006, Council and Local Board Members Remuneration and Expenses for 2007 be received. General Committee - February 5, 2008 AURORA. TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 08-01 ATTENDANCE Council Chambers Aurora Town Hall Monday, January 7, 2008 Mayor Morris in the Chair, Councillors Gaertner, Granger, Marsh, MacEachern, McRoberts and Wilson Councillors Buck & Collins-Mrakas were absent. OTHER ATTENDEES Chief Administrative Officer, Director of Financial Services/ Treasurer, and Administrative Co- ordinator/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 Interest Act. 11 APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional item, be approved: ➢ Memorandum from the Director of Leisure Services regarding 95 Allaura Blvd AMENDMENT:. Upon the question of the adoption of the resolution General Committee recommends: THAT the memorandum from the Director of Leisure Services regarding 95 Allaura Blvd. be amended to delete the words "At the request of Mayor Morris" in the first paragraph. Main motion -was CARRIED AS AMENDED The Committee discussed the format in which the discussion would take place. Mayor Morris recessed the meeting at 7:25 p.m. to reconvene in the Leksand Room., ME General Committee - February 5, 2008 General Committee Report No. 08-01 Page 2 of 2 Monday, January7, 2008 The meeting reconvened in the Leksand Room at 7:34 p.m. III CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. Priority Setting for 2008 - Discussion Each Member of Council presented some of their goals for 2008 and the Committee had an extensive discussion regarding the goals and how they would be categorized and prioritized. General Committee recommends: THAT staff summarize the goals, as prioritized by Council at the Special General Committee meeting held on January 7, 2008, and present a draft summary at the January 15, 2008 General Committee meeting for consideration. CARRIED IV ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 10:20 p.m. CARRIED THE REPORT OF THE SPECIAL GENERAL COMMITTEE MEETING 08-01 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JANUARY 22, 2008. PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK -2- General Committee - February 5, 2008 AUR-ORA TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 08-02 ATTENDANCE Council Chambers Aurora Town Hall Tuesday, January 8, 2008 Mayor Morris in the Chair; Councillors Buck (left at 10:40 p.m.), Gaertner, Granger, Marsh, MacFachern, McRoberts and Wilson MEMBERS ABSENT Councillor Collins-Mrakas Chief Administrative Officer, Director of Corporate Servicesffown Clerk, Director of Leisure Services, Director of Financial Services/ Treasurer and Council/ Committee Secretary, Mayor Morris called the meeting to order at 7:08 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. It APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved. ➢ Operating Budget - 2008 - Draft 2 Net Budget Increase -.Comparisons ➢ Operating Budget - 2008 - Draft 2 Council & Council Administration (Pages 2 and 3) ➢ Operating Budget - 2008 - Draft 2 Council Programs (Page 7) ➢ Smart Commute Central York, Newmarket - Aurora Business Plan Mayor's Office - Organizational Chart ➢ 2008 - 2011 Budget Presentation Summary CARRIED -3- General Committee - February 5, 2008 Special General Committee Report No. 08-02 Page 2 of 4 Tuesday, January 8, 2008 1/1 DELEGATIONS (a) Mr. John Gutteridge, Director of Financial Services Re: Reserve Fund Status and Capital Projects The Director of Financial Services provided an overview of the draft 2008 - 2011 Budget outlining the revised timetable of budget meetings and recommended changes to the 2008 tax levy. The Director 'of Financial Services also provided an overview of the objectives for this meeting. General Committee recommends: THAT the presentation from the Director of Financial Services be received for information. CARRIED IV CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Draft 2008 Capital and Operating Budget-- Leisure Services General Committee recommends: THAT staff be directed to review all new positions in the budget and that the principles of gapping be revisited and only be applied to each position as deemed necessary; and THAT staff specifically look at the Herltage Centre operations with a view. to gapping salaries as well as revenue and operations costs to something that comes in line with the construction completion date; and THAT a summary be brought back to Council. CARRIED Jack Woods Property General Committee recommends: THAT staff be directed to review the costs associated with the Jack Woods Property to ensure that the figures are accurately reflected in the budget. CARRIED CLOSED SESSION General Committee recommends: THAT General Committee recess into a Closed Session to discuss a personal matter. CARRIED Council recessed at 10:00 p.m. and reconvened at 10:15 p.m. General Committee recommends: THAT the hour be extended beyond 10:30 p.m. in order to address the remainder of the Leisure Services Budget. CARRIED -4- General Committee - February 5, 2008 Special General Committee Report No. 08-02 Page 3 of 4 Tuesday, January 8, 2008 Councillor Buck left the meeting at 10:40 p.m. General Committee recommends: THAT staff be requested to provide a report to justify the need for three new full-time positions as requested within the Leisure Services 2008 draft budget, and that this report provide the reasons for the creation of each new position, projected salaries and job descriptions. CARRIED General Committee recommends: THAT the balance of the Leisure Services Draft 2008 Operating Budget be received. CARRIED 1. Memorandum from the Director of Financial Services/Treasurer . Re: Draft 2 - 2008 Capital and Operating Budget 1 A Operating & Capital Budget 2008 Summary - Second Draft 1.2 List of Amendments to the Draft 2008 Budgetto date 1.3 Draft 2,- 2008 Capital and Operating Pages (blue sheets to replace the Draft'1— 2008 budget yellow sheets in binder) 2. Memorandum from the Director of Financial Services .Re: Budget Questions (Deferred to December 1, 2007 Budget meeting) 3. Draft 2009 Leisure Services Operating Budget - Replacement pages (binder pages 161-162) — pages incorporated in the Draft 2-2008 Operating Budget 4. Draft 2008 Leisure Services Operating Budget (binder pages 149-224) (Deferred to December 1, 2007 Budget meeting) - pages incorporated in the Draft 2-2008 Operating Budget General Committee recommends: THAT items 1 through 4 be received for information. CARRIED 5. Mr. Harold Sellers, Executive Director, Oak Ridges Trail Association Re: Financial Support Request for the 2008 Moraine For Life Adventure Relay (Deferred to December 1, 2007 Budget meeting) (Deferred to next Operating Budget meeting) General Committee recommends: THAT $1,000, for the Oak Ridges Trail Association,. be included in the next operating budget. CARRIED -5- General Committee - February 5, 2008 Special General Committee Report No. 08.02 Page 4 of 4 Tuesday, January 8, 2008 6. Additional Items at the November 22, 2007 Special General Committee Draft —2008 Operating Budget 6.1 Organizational Charts — 2007 Approved Staff Complement and 2008 Proposed Complement 6.2 REPLACEMENT PAGES —Leisure Services Special Events Budget— pages 221 & 222- pages incorporated in the Draft 2.2008 Operating Budget 6.3 NEW ITEM -Draft 2008 Operating Budget Mayor and Councillors (distributed with original November 10, 2007 agenda package) (deferred from November 19, 2007 meeting) pages incorporated in the Draft 24008 Operating Budget Facility Usage Report— Summary — Soccer Bubble 8. Memorandum from the Director of Financial Services/Treasurer Re: Places to Grow General Committee recommends: THAT items 6 through 8 be received for information. CARRIED General Committee recommends: THAT the budget be established at a levy increase of 3.5% and that the balance of $110,000 go into the reserve. CARRIED V ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 11:00 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-02 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JANUARY 22, 2008. PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK -6- General Committee - February 5, 2008 AumoizA TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 08-03 Council Chambers Aurora Town Hall Tuesday, January 15, 2008 ATTENDANCE COMMITTEE MEMBERS Councillor Granger in the Chair; Mayor Morris, Councillor Buck (arrived at 7:18 p.m.), Councillors Collins-Mrakas, Marsh, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Gaertner was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Serviceslrown Clerk, Director of Building, Director of Leisure Services, Director of Planning and Development, Director of Financial Services/ Treasurer, Town Solicitor, and CouncillCommRlee Secretary. Councillor Granger called the meeting to order at 6:00 p.m. CLOSED SESSION General Committee recommends. THAT General Committee convene into a Closed Session to consider a legal matter. CARRIED General Committee recessed at 6:01 p.m. General Committee recommends: THAT General Committee reconvene at 7:15 p.m. in public session. CARRIED DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of InterestAct. Gouncillior Marsh advised General Committee that Mr. Priestly no longer has an interest in the Claretree/Priestly projects, which therefore releases her from having any interest in these items as well. -7- General Committee - February 5, 2008 General Committee Report No. OS-03 Page 2 of 14 Tuesday, January 15, 2008 If APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: ➢ Delegation a) — Ms Lee Cudlip Re: Memorandum from the Acting Director of Public Works - Clarification Relating to Anti -Whistling By-laws ➢ Delegation b) — Mr. Will Ross Re: Item 7(7) — Traffic Safety Advisory Committee Meeting Minutes TSAG07-014 —All-Way Stop Sign Review on Kennedy Street East and Gurnett Street Intersection ➢ Closed Session • Labour Relations Matter Re: Collective Bargaining with CUPE • Personal Matter Re: Recruitment of Director of Public Works ➢ New Item 28 - Correspondence.from Ms Elaine Markson Re: Parking Concerns on Walton Drive ➢ New Item 29 - Correspondence from Ms Nancy Wright Re: Parking Concerns on Walton Drive CARRIED General Committee recommends: THAT procedure be waived in order to allow the following delegations to be added to the agenda: ➢ Delegation c) — Mr. Jody Matthew Re: Item 7(7) —Traffic Safety Advisory Committee Meeting Minutes TSAC07-014 — All -Way Stop Sign Review on Kennedy Street East and Gurnett Street Intersection ➢ Delegation d) — Mr. Scott Lyons Re: Item 7(7) — Traffic Safety Advisory Committee Meeting Minutes TSAC07-019 — Speeding and Safety Concerns on Allenvale Drive CARRIED Ill. ADOPTION OF PREVIOUS MINUTES Special General Committee Meeting Minutes, 07.47, November 22, 2007 Special General Committee Meeting Minutes, 07-48, November 26, 2007 Special General Committee Meeting Minutes, 07.49, November 27, 2007 Special General Committee Meeting Minutes, 07-50, December 1, 2007 General Committee Meeting Minutes, 07-52, December 4, 2007 .8. General Committee - February 5, 2008 General Committee Report No. 08-03 Page 3 of 14 Tuesday, January 15, 2008 General Committee recommends: THAT the Special General Committee Meeting minutes 07.47, 07-48, 07- 49, 07-50 and the General Committee Meeting minutes 07-52 be adopted. CARRIED IV DETERMINATION OFITEMS REQUIRING SEPARATE DISCUSSION Items 3, 7, 11, 12. 13, 15, 17, 18, 19 and 22 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 1. Central York Fire Services -Joint Council Committee Meeting Minutes— November 27, 2007 THAT the Central York Fire Services — Joint Council Committee Meeting Minutes from the November 27, 2007 meeting be received; and . THAT the following recommendations be adopted: THAT the JCC recommends to the Councils of Newmarket and Aurora: THAT the Consolidated Fire Services Agreement, specifically Section 2 of Schedule A regarding Chair/Vice-Chair, be amended to read as follows: "The committee shall elect a Chair and Vice -Chair bi- annually from its members to coincide with the Council teen of office. At any given time the Chair and Vice -Chair shall not both be members from the same municipality and the appointments shall rotate bi-annually (i.e. where an Aurora member is Chair for one two (2) year term, a Newmarket member shall be Chair the subsequent two (2) year tern, and so on). Each shell serve for a two (2) year term, unless a shorter tenn is determined by the Committee." and THAT the Fire Chief review previous traffic calming correspondence and reports and report back to the Committee at the next JCC meeting with the Fire Department's position regarding traffic calming measures. 2. GA07-04 — Graffiti Abatement Ad Hoc Committee Meeting Minutes November 29, 2007 THAT the Graffiti Abatement Ad Hoc Committee Meeting minutes from the November 29, 2007 meeting be received and the recommendations contained therein be adopted. WZ General Committee - February 5, 2008 General Committee Report No. 08-03 Page 4 of 14 Tuesday, January 15, 2008 4, EAC07-09 - Environmental Advisory Committee Meeting Minutes December 6, 2007 THAT the Environmental Advisory Committee Meeting minutes from the December 6, 2007 meeting be received and the recommendations contained therein be adopted. 5. HAC07.07 - Heritage Advisory Committee Meeting Minutes December 10, 2007 . THAT the Heritage Advisory Committee Meeting minutes from the December 10, 2007 meeting be received and the recommendations contained therein be adopted. 6. EDAC07-09 — Economic Development Advisory Committee Meeting Minutes - December 13, 2007 THAT the Economic Development Advisory Committee Meeting minutes from the December 13, 2007 meeting be received and the recommendations contained therein be adopted. 8. PW08-001 — Early Approval of Capital Projects THAT, should Council deem it advisable to grant early approval for certain proposed 2008 Capital Projects, that Council grant said approval to the following projects, 1) Capital Projects No's 31071, 31072, 31073, 31074,and 43029 (Various Capital Projects that all include Structural Watermain Relining work); and/or 2) Capital Project No. 31069 (Reconstruction of Engelhard Drive). 9. PW08-002 — Acceptance of Municipal Services -- Bayview Wellington North Phase III, Registered Plan 65M-3657 THAT Council accept the municipal services contained within Registered Plan 65M-3657 being the Bayview Wellington North Phase III Residential Subdivision; and THAT Council enact By-law 4967-07.D for the assumption of the subject municipal, services; and THAT the Director of Public Works be authorized to issue a Certificate of Acceptance of Public Works for said lands as required under Section 3.10 of the Subdivision Agreement; and THAT notice to the homeowners be provided through the Notice Board advising them that the subject development has been assumed by the Town; and THAT the Treasurer be directed to release the municipal servicing securities held in relation to the Bayview Wellington North Phase III Residential Subdivision. -10- General Committee - February 5, 2008 General Committee Report No. 08-03 Page 5 of 14 Tuesday, January 15, 2008 10. PW08-003—Asphalt Repairs/Restorations THAT Council authorize the payment of additional funds in the amount of $13,807.05, associated with Request for Quotation No. PW-2007-20, for Asphalt Repairs/Restorations to Various Roads in the Town of Aurora to Royatcrest Paving & Contracting Ltd.; and THAT the additional funds be obtained from the Hill Drive Reconstruction Capital Fund, Sanitary Lateral General Operating Fund, Watermain Maintenance General Operating Fund, and Glass Drive Sidewalk Capital Fund. 14. CS08-001 — Feeding of Wildlife THAT report CS08-001 entitled Feeding of Wildlife be received for information. 16. GSOS-003 — Council Pending List THAT report CSOS-003 entitled Council Pending List be received for information. 20. Memorandurn from the Director of Planning and Development Re: Official Plan Amendment, Zoning By-law Amendment and Proposed Plan of Condominium Applications Westhill Redevelopment Company Limited THAT the memorandum from the Director of Planning and Development be received for information. 21. Council Proclamation "The Year of Arts, Culture and Heritage in Aurora" THAT 2008 be proclaimed 'The Year of the Celebration of Arts,.Culture and Heritage in the Town of Aurora", and THAT the proclamation be referred to the Heritage Advisory Committee. 23. FS08-001 —Temporary Borrowing By-law THAT the Mayor and the Director of Finance/Treasurer be authorized to borrow from time to time until the property taxes are collected, such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year, in accordance with Section 407 of the Municipal Act, 2001, S.O. 2001 c. 25 as amended; and THAT, except with the approval of the Ontario Municipal Board (OMB), the total amount borrowed at any one time, plus outstanding amounts of principal borrowed and accrued interest, shall not exceed, a) From January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and b) From October 1 to December 31 in the year, 25 per cent of the total estimated revenues for the municipality as set out in the budget adopted for the year; and - -11- General Committee - February 5, 2008 General Committee Report No. 08-03 - Page 6 of 14 Tuesday, January 15, 2008 THAT By-law 4880-07.F be repealed; and THAT Council enact By-law 4986-08.F authorizing temporary borrowing by the Corporation, pending the receipt of municipal revenues pursuant to Section 407,of the Municipal Act, 2001, S.O. 2001 G. 25 as amended. 24. FS08-002 — 2008 Interim Property Tax Rates THAT the Council for The Corporation of the Town of Aurora authorize a 2008 Interim Property Tax Levy on all rateable real property which has been assessed according to the assessment roll returned December 4, 2007 by the Municipal Property Assessment Corporation (MPAC) for the taxation year 2008; and THAT the 2008 Interim Property Tax Levy be set as legislated at 50% of the total 2007 property taxes levied on each property; and THAT the 2008 Interim Property Tax Rates will be equivalent to 50% of the 2007 Final Property Tax Rates as listed in Appendix "A" of this report and levied on the Current Value Assessment (CVA) as returned by MPAC for the taxation year 2008; and THAT the 2008 Interim Property Tax Levy be due in two relatively equal instalments on Thursday, February 26, 2008 and Tuesday, April 25, 2008; and. THAT the Director of Finance/Treasurer be authorized to amend in whole or in part any Lulling in order to comply with any provincial legislation which may be introduced or passed by the Province of Ontario prior to or after the issuance of the 2008 Interim Property Tax Bills; and THAT By-law 4987-08.F be enacted at the Council meeting scheduled for January 22, 2008. 25. FS08.003—Cancellation, Reduction or Refund of Property Taxes under Section 375 and 358 of the Municipal Act - THAT the property taxes in the amount of $105,661.58 be adjusted in accordance with Sections 357 and 358 of the Municipal Act, 2001 S.O. 2001 c. 25 as amended, of which the Town of Aurora's share totals $19,787.36, and THAT the associated interest, if applicable, be cancelled in proportion to the property taxes adjusted; and THAT the Director of Finance/Treasurer be directed to adjust the Collector's Roll to reflect these property tax adjustments. 26. FS08-004-2008 Fees and Charges By-law THAT the 2008 Fees and Service Charges for licences and services itemized on the attached schedules be approved: Schedule A—AdministrationlLegal Services Division Schedule B — Building Administration Department Schedule C — Corporate Services Department Schedule D — Planning Department and Committee of Adjustment Schedule E — Public Works Department Schedule F — Financial Services Department; and -12- General Committee - February 5, 2008 General Committee Report No. 08-03 Page 7 of 14 Tuesday, January 15, 2008 THAT By-law 4988-081 be enacted at the February 13, 2008 Council meeting and the appropriate notice be given as prescribed in the Notice By-law. 27. Memorandum from the Administrative Co-ordinator Re: 2008 Council Priorities THAT the memorandum regarding 2008 Council Priorities be received for information. 28. Correspondence from Ms Elaine Markson Re: Parking Concerns on Walton Drive (Added Item) THAT the correspondence from Ms Elaine Markson regarding parking concerns on Walton Drive be received for information. 29. Correspondence from Ms Nancy Wright Re: Parking Concerns on Walton Drive (Added Item) THAT the correspondence from Ms Nancy Wright regarding parking concerns on Walton Drive be received for information. CARRIED Vi DELEGATIONS (a) Ms Lee Cudlip Re: Memorandum from the Acting Director of Public Works - Clarification Relating to Anti -Whistling By-laws Ms Lee Cudlip addressed General Committee in support of an anti -whistling by- law within the Town of Aurora. Ms Cudlip identified several municipalities who have such a by-law in place, and although she indicated that the objection to its Implementation within the Town of Aurora stems from Transport Canada, she requested that Council resume the process required to establish such a by-law, which was initiated by the former Director of Public Works. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT, as item 18 was not originally pulled for discussion, procedure be waived in order to bring item 18 forward for discussion. CARRIED Nt NM General Committee - February 5, 2008 General Committee Report No. 08-03 Page 8 of 14 Tuesday, January 15, 2008 , 18. Memorandum from the Acting Director of Public Works Re: Clarification Relating to Anti -Whistling By-laws General Committee recommends: THAT the Region of York be asked to respond to this matter in order to allow Council to consider an anti -whistling by-law for the Town of Aurora; and THAT the Region focus specifically on providing information regarding risk assessment CARRIED (b) Mr. Will Ross Re: Item 7(7) -- Traffic Safety Advisory Committee Meeting Minutes - TSAC07-014 - All -Way Stop Sign Review on Kennedy Street East and Garnett Street Intersection Mr. Will Ross addressed General Committee in support of keeping the stop sign in place at Kennedy Street East and Gunnell Street. Mr. Ross expressed concern regarding the safety of children and seniors In the neighbourhood and requested enforcement of the parking restrictions in the area. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED (c) Mr. Jody Matthew Re: Item 7(7) — Traffic Safety Advisory Committee Meeting Minutes - TSAC07-014 —All-Way Stop Sign Review on Kennedy Street East and Garnett Street Intersection Mr. Jody Matthew addressed General Committee in support of keeping the stop sign in place at Kennedy Street East and Gurnett Street. Mr. Matthewexpressed concern regarding the safety of children in the neighbourhood and suggested that continuous review of this issue should not be necessary once the decision has been made to keep the stop sign. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT, as item 7 was not originally pulled for discussion, procedure be waived in order to bring item 7 forward for discussion. CARRIED t -14- General Committee - February 5, 2008 General Committee Report No. 08-03 Page 9 of 14 Tuesday, January 15, 2008 (7) TSAC07-08—Traffic Safety Advisory Committee Meeting Minutes December 19, 2007 (7) TSAC07-014 - All -way stop sign review on Kennedy Street East and Gurnett Street Intersection General Committee recommends: THAT report TSAC07-014 - all -way stop sign review on Kennedy Street East and Gurnett Street intersection be received; and THAT the multi -way stop sign not be removed from Kennedy Street and Gurnett Street intersection; and THAT a letter be sent to all affected residents. CARRIED (d) Mr. Scott Lyons Re: Item 7(15) —Traffic Safety Advisory Committee Meeting Minutes - TSAC07-019 — Speeding and Safety Concerns on Allenvale Drive Mr. Scott Lyons addressed General Committee to request that this matter not be approved by Council at this time, in order to allow him to present his concerns to the Traffic Safety Advisory Committee. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT item 7(15) not be approved; and THAT the matter be referred back to the Traffic Safety Advisory Committee for re -consideration; and THAT Mr. & Mrs. Lyons be advised of when the matter will be coming forward to the Traffic Safety Advisory Committee. CARRIED General Committee recommends: THAT the balance of the Traffic Safety Advisory Committee Meeting minutes from the December 19, 2007 meeting be received and the recommendations contained therein be adopted: CARRIED Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None -15- General Committee - February 5, 2008 General Committee Report No. 08-03 - Page 10 of 14 Tuesday, January 15, 2008 Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. AAC07-06— Accessibility Advisory Committee Meeting Minutes December 5, 2007 (2) Application far Site Plan Approval — Suncor Energy Products 15255 Leslie St. and 1540 Wellington St. E. General Committee recommends: THAT item 3(2) be referred back to staff for a further report. CARRIED (1) Full Service Gas Stations General Committee recommends: Whereas, it is in the public interest to ensure accessibility to a full range of services and facilities for all members of the public, and Whereas the elderly and persons with physical disabilities or limitations require access to full service gas stations; and Whereas there are NO full service gas stations presently operating in the Town of Aurora; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: THAT the Canadian Petroleum Products Institute be requested to discuss with its members the need to ensure that gas stations make provisions for full service to patrons having special needs; and THAT the Ministry of Community and Social Services be requested to assist in the issue of accessibility to gas station services as part of their customer service standards contained in the AODA Regulations released In 2007; and THAT the Town of Aurora and staff use all available tools to ensure the provision of a full service component for all future gas station facilities in the Town of Aurora, and - THAT the Town of Aurora utilize its web site and the Notice Board to encourage the public to sign a petition requesting gas stations to provide full services for patrons with special needs, and that staff determine the means of executing the petition; and THAT the Town of Aurora correspond with all gas station operators within the town to request them to review their current operations to see what can be done to accommodate persons with physical disabilities and special needs; and FURTHER THAT copies of this resolution be forwarded to the Canadian Petroleum Products Institute, Petroleum Companies, the Minister of Community and Social Services and all gas stations In Aurora. CARRIED -16- General Committee - February 5, 2008 General Committee Report No. 08.03 Page 11 of 14 Tuesday, January 15, 2008 General Committee recommends: THAT the balance of the Accessibility Advisory Committee Meeting minutes from the December 5, 2007 meeting be received and the recommendations contained therein be adopted. CARRIED 11. PW08-004 - Contract Award, Tender No.PW2007.123 The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora General Committee recommends: THAT Tender No. PW2007-123, "The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora", be awarded to American Water Canada Corp.; and THAT Council authorize the Mayor and Clerk to sign the attached Agreement to execute the subject contract; and THAT the appropriate sewer charge surcharges to residents served by their respective Sanitary Lift Station be implemented as described in Report PW08-004; and THAT the appropriate draft by-law to implement the above noted sewer charge surcharges be tabled at a future meeting. CARRIED 12. PL08-003 - Servicing Allocation Matrix - Front Ending Agreements General Committee recommends: THAT the attached Matrix for the Allocation of Servicing Capacity, Appendix 1, be adopted by Council to be used to determine applications that may be considered for allocation; and THAT the Allocation Policy be revised to remove the word "Ranking" from the Criteria as indicated within Appendix 2; and THAT Criteria 9 be deleted. CARRIED 13. PL08-006 -Planning Applications Status List General Committee recommends: THAT the PlanningApplications Status List be received for information; and THAT staff contact the owners of vacant lots, particularly in the downtown core, to discuss The status of the development; and THAT By-law staff also have discussions with these owners in order to bring the properties up to appropriate standards, N1:7.TIzzI7 -17- General Committee - February 5, 2008 General Committee Report No. 08-03 Page 12 of 14 Tuesday, January 15, 2008 15. CS08.002—Anti-Chaining of Dogs General Committee recommends: THAT report CSOB-002 entitled Anti -Chaining of Dogs be received for information; and THAT staff amend the Town of Aurora's Animal Control By-law to include a provision related to the tethering of dogs. CARRIED 17. Key Performance Indicators and Business Plan Updates (deferred from December 4, 2007 General Committee) ➢ Chief Administrative Officer's Office ➢ Legal Services - ➢ Economic Development Office Y Communications & Marketing ➢ Planning & Development Services ➢ Corporate Services Y Financial Services ➢ Building Administration ➢ Public Works General Committee recommends: THAT the Key Performance Indicators and Business Plan Updates, including the Leisure Services Department, be deferred to the February 5, 2008 General Committee meeting. CARRIED 19. Correspondence from Pitch -In Ontario General Committee recommends: THAT the correspondence from Pitch -in Ontario be received for information. CARRIED 22. LSOB-001 — Award of Consolidated Facility Concession and Vending Contract General Committee recommends: THAT report LS08-001— Award of Consolidated Facility Concession and Vending Contract be deferred to the January 22, 2008 Council meeting; and THAT the legal advice pertaining to this matter be referred to Closed Session after this meeting. CARRIED -18- General Committee - February 5, 2008 General Committee Report No. 08-03 Page 13 of 14 Tuesday, January 15, 2008 IX NEW BUSINESSIGENERAL INFORMATION= COUNCILLORS Councillor Buck inquired as to who placed the green bins and other containers outside of the Leash Free Dog Park, to which the Director of Corporate Services. responded that it was not done by staff and that the assumption is that it was the dog owners that are using the park. Councillor Marsh provided Notice of Motion regarding Habitat for Humanity. Councillor McRoberts inquired as to why a generator Is running 24 hours per day, 7 days per week on the property where the Catholic High School is being constructed, to which the Director of Building responded that she would follow up on the matter. Councillor MacEachern requested clarification as to why the amendment which was made at Council to item 15 — ADM07-015 — Extension of Agreement for Provision of External Legal Services of the December 4, 2007 General Committee minutes was not reflected on the General Committee minutes included on the January 15, 2008 General Committee agenda. The Director of Corporate Services advised that this would be corrected. Councillor MacEachern inquired as to when the Arboretum's 2007 spending report will be received to which the Director of Leisure Services responded that it would be provided prior to the 2008 budget approval. Councillor MacEachern inquired as to when the staff report regarding plantings on Vandorf Sideroad would be received, to which the CAO responded that he would review the matter and respond. Councillor MacEachern provided a Notice of Motion regarding a re -consideration of the Code of Conduct. Councillor MacEachern provided a Notice of Motion regarding the 404lands, Mayor Morris advised that amendments will be made to item 21 - "The Yper of Arts, Culture and Heritage in Aurora" at the next Council meeting. Councillor Collins-Mrakas inquired as to whether additions could be made to Item 27 — 2008 Council Priorities, to which the Mayor responded that it can always be amended. ' Councillor Granger provided a Notice of Motion regarding the implementation and costs associated with offering Aurora seniors a snow and windrow removal program. X CLOSED SESSION Personal & Legal Matters General Committee recommends: THAT this committee convene into a closed session to consider personal matters regarding identifiable individuals and the recruitment of a Director of Public Works, a labour relations matter regarding collective bargaining with CUPS, and a legal matter. CARRIED -19- General Committee - February 5, 2008 General Committee Report No. 08-03 Tuesday, January 15, 2008 Page 14 of 14 XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 10:00 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-03 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JANUARY 22, 2008, WITH THE EXCEPTION OF ITEMS 1, 4, 25, 28.AND 29 WHICH WERE ADOPTED AS PREVIOUSLY PRESENTED, AND ITEMS 13 AND 21 WHICH WERE DISCUSSED AND ADOPTED AS AMENDED. PHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK -20- General Committee February 5, 2008 Delegation (a) Clark, Carol From: Ewart, Karen Sent: Thursday, January 17, 2008 9:39 AM To: Clark, Carol Subject: FW: February 5, General Committee From: Gutteridge, John Sent: January 17, 2008 9:38 AM Tod Ewart, Karen; Panizza, Bob Subject: February 5, General Committee Can you please have Lloyd Russell, Director of Finance, Region of York put on the agenda for this meeting as a delegate as requested by Council to talk about Municipal Pooling. If you need anything else let me know Thanks -21- General Committee - February 5, 2008 r j AfqK,,mA iT w yn i TOWN OF AURORA AURORA GENERAL COMMITTEE No. AAC08-01 SUBJECT: Accessibility Advisory Committee Recommendation Summary from January 9, 2008 DATE: February 5, 2008 RECOMMENDATIONS 2008 Accessibility Plan THAT the 2008 Accessibility Plan be approved as amended; and THAT the priority list of action items for 2008, giving specific attention to the flop three items, be brought back to the next meeting. 2. Application for Site Plan Approval — Whitwell Developments Leslie St. & Wellington St. E. Phase 2 THAT the Planning & Development Services Dept. be advised that the Committee is satisfied with the number and location of accessibility parking spaces in this phase of the development, and that the developer be commended for exceeding the requirement of accessibility parking spaces as provided in the zoning by-law. 3.. Pending List THAT the revised pending list be received for information. 4. Meeting Dates for 2008 THAT the schedule of meetings dates for 2008 be received for information. 5. Correspondence THAT the correspondence be received for information. -22- General Committee - February 5, 2008 February 5, 2008 - 2 - Report No. AAC08-01 Introduction of Care Giver Waiver That the Manager of Program/Community Development be invited to attend the next Accessibility Advisory Committee meeting. ATTACHMENTS Attachment #1 — Accessibility Advisory Committee Minutes of January,9, 2008 Prepared by: B. Panizza, Director of Corporate Services B. Pa "zza Director of Corporate Services On behalf of the Accessibility Advisory Committee -23- General Committee - February 5, 2008 Committee: Date: Time and Location: Committee Members: Absent: Other Attendees: AUIZCJRA COMMITTEE MINUTES MEETING NO. 08-01 Accessibility Advisory Committee Wednesday, January 9, 2008 7:00 p.m., Leksand Board Room Ann Boden-Chair, Catherine Couchman, Jane Boorman John Lenchak and Councillor Bob McRoberts None Director of Corporate Services The meeting was called to order at 7:00 p.m. APPOINTMENT OF A CHAIR AND VICE CHAIR Moved by J. Lenchak Seconded by C. Couchman That A. Boden be nominated as Chair for the Committee. CARRIED Moved by C. Couchman Seconded by J. Lenchak That J. Boorman be nominated as Vice Chair for the Committee CARRIED DECLARATIONS OF INTEREST There were no declarations of interest. APPROVAL OF AGENDA Moved by C. Couchman Seconded by J. Boorman THAT the content of the agenda as circulated by the Corporate Services Department be approved. CARRIED IWzE General Committee - February 5, 2008 Accessibility Advisory Committee Record No. 08-01 Page 2 of 4 Wednesday, January 9, 2008 ADOPTION OF MINUTES Accessibility Advisory Committee Minutes Number 07-06 dated December 5, 2007 Moved by C. Couchman Seconded by Councillor McRoberts THAT the minutes of the Accessibility Advisory Committee meeting of December 5, 2007 be adopted. DELEGATIONS it7T MATTERS FOR CONSIDERATION 2008 Accessibility Plan Moved by J. Boorman e:: r Seconded by C. Couchman THAT the 2008 Accessibility Plan be approved as amended. CARRIED Moved by C. Couchman Seconded by J. Lenchak THAT the priority list of action items for 2008, giving specific attention to the top three items, be brought back to the next meeting. CARRIED 2. Application for Site Plan Approval — Whitwell Developments Leslie St. & Wellington St. E. Phase 2 Moved by C. Couchman Seconded by J. Lenchak THAT the Planning & Development Services Dept. be advised that the Committee is satisfied with the number and location of accessibility parking spaces in this phase of the development, and that the developer be commended for exceeding the requirement of accessibility parking spaces as provided in the zoning by-law. CARRIED -25- General Committee - February 5, 2008 Accessibility Advisory Committee Record No. 08-01 Page 3 of 4 Wednesday, January 9, 2008 3. 4. 5. Pending List Moved by Councillor McRoberts Seconded by J. Lenchak THAT the revised pending list be received for information. Meeting Dates for 2008 Moved by J. Lenchak CARRIED Seconded by C. Couchman THAT the schedule of meetings dates for 2008 be received for information. CARRIED Correspondence Moved by Councillor McRoberts. Seconded by J. Lenchak THAT the correspondence be received for information. CARRIED OTHER BUSINESS C. Couchman expressed concerns about the methodology that was utilized in the introduction of the Care Giver waiver form at the Leisure Complex and requested clarification as to why this form was not reviewed with the Accessibility Advisory Committee in advance; why was it introduced; and is there a simpler method. Moved by C. Couchman Seconded by J. Lenchak 6. That the Manager of Program/Community Development be invited to attend the next Accessibility Advisory Committee meeting. CARRIED -26- General Committee - February 5, 2008 Acdessibility Advisory Committee Record No. 08-01 Page 4 of 4 Wednesday, January 9, 2008 Councillor McRoberts provided some background on a letter that he had received from Shell Canada outilning that they will provide the same service that was previously given at the former Beaver Gas Station. He further questioned Shell Canada regarding the provision of full service at the pumps to which they decllned to support. ADJOURNMENT Moved by Councillor. McRoberts THAT the meeting be adjourned at 8:50 p.m. Ann Boden, Chair CARRIED 27 _ General Committee - February 5, 2008 TOWN OF AURORA AUPIORA GENERAL COMMITTEE No. EAC08-01 SUBJECT: Environmental Advisory Committee -Recommendation Summary from January 10, 2008 FROM: Environmental Advisory Committee DATE: February 5, 2008 RECOMMENDATIONS EXTENSION OF TERMS OF OFFICE FOR COMMITTEE CHAIR AND VICE -CHAIR THAT the terms of office for Chair Susan W almer and Vice -Chair Councillor Evelina MacEachern be extended until the April 3, 2008 EAC Meeting. ELECTION OF CHAIR AND VICE CHAIR THAT Peter Piersol be nominated Chair of the Environmental Advisory Committee effective April 3, 2008. THAT Councillor MacEachern be nominated Vice -Chair of the Environmental Advisory Committee effective April 3, 2008. (1) Environmental Advisory Committee Meeting Record No. 07-09, dated Thursday, December 6, 2007 THAT the meeting Record No. 07-09 dated December 6, 2007 be adopted. DELEGATION a) Mr. Greg Cook — Bullfrog Power THAT the delegation by Greg Cook regarding Bullfrog Power be received, and THAT staff provide an update to the February 7, 2008 Environmental Advisory Committee meeting as to what has taken place with respect to the Town of Aurora purchasing green initiative power; and . 28 - General Committee - February 5, 2008 February 5, 2008 .2- Report No EAC08-01 THAT thanks be extended Greg Cook for bringing this matter to the attention of the Environmental Advisory Committee and that the Town of Aurora be requested to take steps to improve on their environmental footprint. (2) 2008 Meeting Dates THAT the 2008 Environmental Advisory Committee dates be approved as follows: Thursday, February 7, 2008 Thursday, March 6, 2008 Thursday, April 3, 2008 Thursday, May 1, 2008 Thursday, June 5, 2008 Thursday, September 4, 2008 Thursday, October 2, 2008 Thursday, November 6, 2008 Thursday, December 4, 2004 (3) Council Extract - December 11, 2007 Council Meeting Re: PW07-046 -- Recycling Services in Public Spaces THAT the above -noted Extract be received, and THAT waste receptacles have provision for two -stream collection, i.e. Blue Box and garbage (including cigarette butts), and THAT these waste receptacles be located in all Town indoor and outdoor facilities. (4) Council Extract — December 11, 2007 Resolution from the Municipality of Morris-Turnberry Re: Ontario Blue Box Program THAT the above -noted Council Extract be received for information. (5) Council Extract — December 11, 2007 - Resolution from the City of Waterloo Re: Use and Sale of Cosmetic Chemical Pesticide THAT the Council Extract December 11, 2007 - Resolution from the City of Waterloo regarding use and sale of cosmetic chemical pesticide be received; and _29_ General Committee - February 5, 2008 February 5, 2008 - 3 - Report No EAC08-01 THAT the City of Waterloo resolution regarding the use and sale of cosmetic chemical pesticide be endorsed; and THAT this resolution be forwarded to: The Prime Minister of Canada, Minister of the Environment, Minister of Health and Minister of Public Safety • The Premier of Ontario, Minister of the Environment, Minister of Health Promotion and Minister of Municipal Affairs and Housing • The Association of Municipalities of Ontario, Federation of Canadian Municipalities All local members of Provincial Parliament, all local members of Parliament • All local municipalities including the Region of Waterloo • All municipalities in Ontario with a request that those municipalities endorse the City of Waterloo's resolution and forward their endorsement to the Prime Minister of Canada, Minister of the Environment, Minister of Health and Minister of Public Safety and to the Premier of Ontario, Minister of the Environment, Minister of Health Promotion and Minister of Municipal Affairs and Housing. (6) Correspondence from Mr. Robert Reid Re: Rain Barrel Project for the Town of Aurora THAT the correspondence from Mr. Robert Reid regarding the Rain Barrel Project for the Town of Aurora be received, and THAT staff be requested to contact the Region of York to determine whether or not the Region would be willing to participate in a Rain Barrel program, and THAT staff include the response from York Region as well as the proposal for a Town of Aurora Rain Barrel Day from Eco Building Resource Ltd. on the February 7, 2008 EAC Agenda. (7) Proposed Trail in South West Section of Town THAT the correspondence from David Tomlinson regarding the proposed trail in the south west section of Town be received, and THAT Council request that staff of the Public Works and Leisure Departments route a trail easement on the east side beside the storm water pond during the design stage of the project and report back to the Environmental Advisory and Leisure -30- General Committee - February 5, 2008 February 5, 2008 M,E Report No EAC08-01 Services Advisory Committees and David Tomlinson be the contact for staff regarding this matter, and THAT a delegation be made to the February 7, 2008 EAC meeting to present a video entitled "Crusaders for a Town's Better Nature", produced by Barbara and John Best, and THAT a presentation to Council be scheduled for the March 25, 2008 Council meeting. (8) Correspondence from Operation Clean Sweep — Pitch -in Week, April 21 — 27, 2008 THAT the correspondence from Operation Clean Sweep regarding Pitch -in Week, be received as information. (9) Correspondence from Ms Heidi Breen, York Region Forestry Technician — Re: Placing Orders for Earth Week Tagged and Bagged Seedlings THAT the correspondence from Ms Heidi Breen, York Region Forestry Technician regarding placing orders for Earth Week tagged and bagged seedlings be received for information. (10) Mercury Switch Report No motion (11) 2008 Communities in Bloom Event THAT Council be requested to support the 2008 Communities in Bloom event, and THAT Carol Cooper be the liaison between the Environmental Advisory Committee and the event organizers for the 2008 Communities in Bloom. CARRIED -31- General Committee - February 5, 2008 February 5, 2008 -5. Report No EAC08-01 (12) Earth Hour Initiative THAT Council be requested to promote and support the 2008 Earth Hour initiative by shutting off the lights at Town facilities on March 29, 2008 from 8:00 to 9:00 p.m. ATTACHMENTS Attachment #1 —Environmental Advisory Committee Minutes of January 10, 2008. Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk Ext, 4222 Karen Ewart U Administrative Co-ordinator/Deputy Clerk tl On behalf of the Environmental Advisory Committee -32- General Committee - February 5, 2008 AURORA COMMITTEE MINUTES MEETING NO. 08-01 Committee: Environmental Advisory Committee Date: Thursday, January 10, 2008 Time and Location: 7:00 p.m., Leksand Room Committee Members: Susan Walmer, Chair, Councillor MacEachern, Vice -Chair; Gordon Barnes, Robert Cook, Carol Cooper, John Gallo, Peter Piersol, and Richard Wizemann Absent: Councillor Gaertner, Catherine Marshall and David Tomlinson Other Attendees: Elma Stevenson, Committee Secretary The Committee Secretary called the meeting to order at 7:05 p.m. EXTENSION OF TERMS OF OFFICE FOR COMMITTEE CHAIR AND VICE -CHAIR Moved by Robert Cook Seconded by Gordon Barnes THAT the terms of office for Chair Susan Walmer and Vice -Chair Councillor Evelina MacEachern be.extended until the April 3, 2008 EAC Meeting. CARRIED ELECTION OF CHAIR AND VICE CHAIR Moved by Councillor MacEachern Seconded by Carol Cooper THAT Peter Piersol be nominated Chair of the Environmental Advisory Committee effective April 3, 2008. CARRIED -33- General Committee - February 5, 2008 `Environmental Advisory Committee Record No. 08-01 Page 2 of 8 Thursday, January 10, 2008 Moved by Councillor MacEachern THAT nominations be closed. Moved by Councillor MacEachern Seconded by Carol Cooper Seconded by Carol Cooper THAT Peter Piersol be appointed Chair of the Environmental Advisory Committee effective April 3, 2008. CARRIED Moved by Robert Cook Seconded by Carol Cooper THAT Councillor MacEachern. be nominated Vice -Chair of the Environmental Advisory Committee. Moved by Robert Cook THAT nominations be closed. Moved by Robert Cook Seconded by Carol Cooper CARRIED Seconded by Catharine Marshall THAT Councillor MacEachern be appointed Vice -Chair of the Environmental Advisory Committee. effective April 3, 2008. CARRIED The Committee Secretary vacated the Chair and Susan Walmer assumed the Chair for the balance of the meeting. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. -34- General Committee - February 5, 2008 Environmental Advisory Committee Record No. 08-01 Page 3 of 8 Thursday, January 10, 2008 APPROVAL OF AGENDA Moved by Gordon Barnes Seconded by Robert Gook THAT the agenda with the following additional items be approved: ➢ Delegation Request — Mr. Greg Cook — Bullfrog Power ➢ Item 8 — Correspondence from Operation Clean Sweep — Pitch -in Week, April 21 — 27, 2008 ➢ Item 9 — Correspondence from Ms Heidi Breen, York Region Forestry Technician — Placing Orders for Earth Week Tagged and Bagged Seedlings CARRIED ADOPTION OF MINUTES 1. Environmental Advisory Committee Meeting Record No. 07-09, dated Thursday, December 6, 2007 Moved by John Gallo Seconded by Peter Piersol THAT' the meeting Record No. 07-09 dated December 6, 2007 be adopted. CARRIED DELEGATION a) Mr. Greg Cook- Bullfrog Power Mr. Greg Cook was in attendance as a private citizen of Aurora and customer of Bullfrog Power and to request support from the Town of Aurora for this electricity retailer that sells power exclusively from wind and low -impact water power generators who meet or exceed the federal government EcoLogo (green power) standard for renewable electricity. Moved by Gordon Barnes Seconded by Robert Cook THAT the delegation by Greg Cook regarding Bullfrog Power be received, and THAT staff provide an update to the February 7, 2008 Environmental Advisory Committee meeting as to what has taken place with respect to the Town of Aurora purchasing green initiative power; and -35- General Committee - February 5, 2008 Environmental Advisory Committee Record No. 08.01 Page 4 of 8 Thursday, January 10, 2008 THAT thanks be extended Greg Cook for bringing this matter to the attention of the Environmental Advisory Committee and that the Town of Aurora be requested to take steps to improve on their environmental footprint. CARRIED MATTERS FOR CONSIDERATION 2. 2008 Meeting Dates Moved by Carol Cooper Seconded by Peter Piersol THAT the 2008 Environmental Advisory Committee dates be approved as follows: Thursday, February 7, 2008 Thursday, March 6, 2008 Thursday, April 3, 2008 Thursday, May 1, 2008 Thursday, June 5, 2008 Thursday, September 4, 2008 Thursday, October 2, 2008 Thursday, November 6, 2008 Thursday, December 4, 2004 CARRIED 3. Council Extract — December 11, 2007 Council Meeting Re: PW07-046 — Recycling Services in Public Spaces Moved by Carol Cooper Seconded by Peter Piersol THAT the Council Extract — December 11, 2007 Council Meeting regarding report PW07-046 — Recycling Services in Public Spaces be received, and THAT waste receptacles have provision for two -stream collection, i.e. Blue Box and garbage (including cigarette butts), and THAT these waste receptacles be located in all Town indoor and outdoor facilities. CARRIED -36- General Committee - February 5, 2008 Environmental Advisory Committee Record No. 08-01 Page 5 of 8 Thursday, January 10, 2008 4. Council Extract— December 11, 2007 Resolution from the Municipality of Morris-Tu rn berry Re: Ontario Blue Box Program Moved by Councillor MacEachern Seconded by Robert Cook THAT the Council Extract — December 11, 2007 - Resolution from the Municipality of Morris-Turnberry regarding Ontario Blue Box Program be received for information. 10VIRV M 5. Council Extract — December 11, 2007 Resolution from the City of Waterloo Re: Use and Sale of Cosmetic Chemical Pesticide Moved by Carol Cooper Seconded by Peter Piersol THAT the Council Extract - December 11, 2007 - Resolution from the City of Waterloo regarding use and sale of cosmetic chemical pesticide be received, and THAT the City of Waterloo resolution regarding the use and sale of cosmetic chemical pesticide be endorsed; and THAT this resolution be forwarded to: • The Prime Minister of Canada, Minister of the Environment, Minister of Health and Minister of Public Safety • The Premier of Ontario, Minister of the Environment, Minister of Health Promotion and Minister of Municipal Affairs and Housing • The Association of Municipalities of Ontario, Federation of Canadian Municipalities • All local members of Provincial Parliament, all local members of Parliament • All local municipalities including the Region of Waterloo • All municipalities in Ontario with a request that those municipalities endorse the City of Waterloo's resolution and forward their endorsement to the Prime Minister of Canada, Minister of the Environment, Minister of Health and Minister of Public Safety and to the Premier of Ontario, Minister of the Environment, Minister of Health Promotion and Minister of Municipal Affairs and Housing. CARRIED -37- General Committee - February 5, 2008 Environmental Advisory Committee Record No. 08-01 Page 6 of 8 Thursday, January 10, 2008 6. Correspondence from Mr. Robert Reid Re: Rain Barrel Project for the Town of Aurora Moved by Councillor MacEachern Seconded by Gordon Barnes THAT the correspondence from Mr. Robert Reid regarding the Rain Barrel Project for the Town of Aurora be received, and THAT staff be requested to contact the Region of York to determine whether or not the Region would be willing to participate in a Rain Barrel program, and THAT staff include the response from York Region as well as the proposal for a Town of Aurora Rain Barrel Day from Eco Building Resource Ltd. on the February 7, 2008 EAC Agenda. CARRIED Proposed Trail in South West Section of Town Moved by Councillor MacEachern Seconded by Gordon Barnes THAT the correspondence from.David Tomlinson regarding the proposed trail in the south west section of Town be received, and THAT Council request that staff of the Public Works and Leisure Departments route a trail easement on the east side beside the storm water pond during the design stage of the project and report back to the Environmental Advisory and Leisure Services Advisory Committees and David Tomlinson be the contact for staff regarding this matter, and THAT a delegation be made to the February 7, 2008 Environmental Advisory Committee meeting to present a video entitled"Crusaders for a Town's Better Nature", produced by Barbara and John Best, and THAT a presentation to Council be scheduled for the March 25, 2008 Council Meeting. C�71 e7A1AA -38- General Committee - February 5, 2008 Environmental Advisory Committee Record No. 08-01 Page 7 of 8 Thursday, January 10, 2008 8. Correspondence from Operation Clean Sweep — Pitchoin Week, April 21 — 27, 2008 Moved by John Gallo Seconded by Richard Wizemann THAT the correspondence from Operation Clean Sweep regarding Pitch - in Week, be received as information. 9. Correspondence from Ms Heidi Breen, York Region Forestry Technician Re: Placing Orders for Earth Week Tagged and Bagged Seedlings Moved by Councillor MacEachern Seconded by Robert Cook THAT the correspondence from Ms Heidi Breen, York Region Forestry Technician regarding placing orders for Earth Week tagged and bagged seedlings be received for information. CARRIED NEW BUSINESS 10. Mercury Switch Report Robert Cook advised that a report and recommendation have been prepared by the Waste Management Working Group and will be forwarded to the EAC for consideration. 11. 2008 Communities in Bloom Event Moved by Councillor MacEachern Seconded by Robert Cook THAT Council be requested to support the 2008 Communities in Bloom event, and THAT Carol Cooper be the liaison between the Environmental Advisory Committee and the event organizers for the 2008 Communities in Bloom. CARRIED -39- General Committee - February 5, 2008 Environmental Advisory Committee Record No. 08-01 Thursday, January 10, 2008 12. Earth Hour Initiative Page 8 of 8 Carol Cooper advised that a worldwide event will be taking place on March 29, 2008 from 8:00 to 9:00 p.m. to symbolize people's commitment to tackling global warming by turning off their lights for 60 minutes to show their support for action on climate change, Among the participants in this event are the following cities: Copenhagen, Denmark, Chicago, U.S.A., Tel Aviv, Israel and Toronto. Moved by Carol Cooper Seconded by Robert Cook THAT Council be requested to promote and support the 2008 Earth Hour initiative by shutting off the lights at Town facilities on March 29, 2008 from 8:00 to 9:00 P.M. CARRIED ADJOURNMENT Moved by Carol Cooper THAT the meeting be adjourned at 8:50 p.m. Susan Walmer, Chair_ CARRIED -40- General Committee - February 5, 2008 TOWN OF AURORA AURORA GENERAL COMMITTEE No. EDAC08-01 SUBJECT: Economic Development Advisory Committee Recommendation Summary from January 10, 2008 FROM: Economic Development Advisory Committee DATE: February 5, 2008 ELECTION OF CHAIR AND VICE CHAIR THAT Councillor Al Wilson be nominated as Chair of the Economic Development Advisory Committee. THAT the call for nominations for Chair be closed. THAT the call for nominations for Vice -Chair be closed. THAT Christopher Ballard be nominated as Vice -Chair of the Economic Development Advisory Committee. RECOMMENDATIONS Economic Development Advisory Committee Minutes Meeting EDAC07-09 dated Thursday, December 13, 2007 THAT the Economic Development Advisory Committee Minutes of meeting EDAC07-09 dated Thursday, December 13, 2007 be adopted. 2008 Proposed Meeting Dates THAT the proposed meeting date of Thursday, February 14, 2008 be changed to Wednesday, February 20, 2008; and THAT the balance of the meeting schedule forthe Economic Development Advisory . Committee be approved. -41- General Committee - February 5, 2008 February 5, 2008 -2- Report No. EDAC08-01 3. Memorandum from the Director of Planning & Development Re: Proposed Official Plan & Zoning By-law Amendments Policies and Provisions for Drive -Through Facilities Files D09-01-07 and D14-06-07 THAT the staff report pertaining to drive-thru establishments be circulated to the Economic Development Advisory Committee members as soon as possible. 4. Update from Members of the Corporate Calling Program No motions. Memorandum from the Town Solicitor Re: Committee Declaration of Appointed Office THAT the memorandum from the Town Solicitor entitled "Committee Declaration of Appointed Office" be received for information. 6. Memorandum from Special Projects Co-ordinator Re: Monthly Report (October/November) THAT the memorandum from the Special Projects Co-ordinator entitled "Monthly Report (October/November)" be received for information. THAT the York Region Transit PowerPoint presentation, previously presented to Council, be circulated to members of the Economic Development Advisory Committee. Economic Profile of York Region THAT the Economic Profile of York Region be received for information. 8. Town of Aurora Planning Applications Status List THAT the Town of Aurora Applications Status List be received for information. -42- General Committee - February 5, 2008 February 5, 2008 - 3 - Report No. EDAC08-01 9. Economic Development Website No motion. ATTACHMENTS Attachment #1 - Economic Development Advisory Committee Minutes of January 10, 2008 Prepared by. Carol Clark, Council/Committee Secretary Ext. 4227 A�eelvk Carol Clark Council/Committee Secretary On behalf of the Economic Development Advisory Committee -43- General Committee - February 5, 2008 AUj".,,1c-%1l..A COMMITTEE MINUTES MEETING NO. 08-01 Committee: Economic Development Advisory Committee Date: January 10, 2008 Time and Location: 7:00 p.m., Holland Room Committee Members: Councillor Al Wilson, Chair, Councillor Wendy Gaertner, Councillor Stephen Granger, Christopher Ballard, Bryan Black, Kent Dinning, Angelo Giannetta, Sean Herbinson, Bryan Moir Absent: Other Attendees None Mayor Phyllis Administrative Development Secretary Morris, ex-officio, John Rogers, Chief Officer, Marnie Wraith, Economic Officer, Carol Clark, Council/Committee The Chief Administrative Officer called the meeting to order at 7:12 p.m. ELECTION OF CHAIR AND VICE CHAIR The Chief Administrative Officer called three times for nominations for the election of Chair of the Economic Development Advisory Committee for a one year term. Moved by Councillor Granger Seconded by Chris Ballard THAT Councillor AI Wilson be nominated as Chair of the Economic Development Advisory Committee. CARRIED Moved by Sean Herbinson Seconded by Kent Dinning THAT the call for nominations for Chair be closed. CARRIED -44- General Committee - February 5, 2008 Economic Development Advisory Committee Record No. 08-01 Page 2 of 7 Thursday, January 10, 2008 The Chief Administrative Officer called three times for nominations for the election of Vice -Chair of the Economic Development Advisory Committee for a one year term. Moved by Councillor Granger Seconded by Bryan Black THAT Christopher Ballard be nominated as Vice -Chair of the Economic Development Advisory Committee. CARRIED Moved by Bryan Black Seconded by Kent Dinning THAT the call for nominations for Vice -Chair be closed. CARRIED The Chief Administrative Officer declared Councillor AI Wilson the Chair of the Economic Development Advisory Committee and Christopher Ballard the Vice -Chair of the Economic Development Advisory Committee. Councillor Wilson.assumed the Chair. DECLARATIONS OF INTEREST l►f.7tT- APPROVAL OF AGENDA Moved by Bryan Moir Seconded by Christopher Ballard THAT the agenda as circulated by the Corporate Services Department be approved. CARRIED -45- General Committee - February 5, 2008 Economic Development Advisory Committee Record No. 08-01 Page 3 of 7 Thursday, January 10, 2008 ADOPTION OF MINUTES Economic Development Advisory Committee Minutes Meeting EDAC07-09 dated Thursday, December 13, 2007 (to be adopted at January 22, 2008 Council) Moved by Sean Herbinson Seconded by Councillor Gaertner THAT the Economic Development Advisory Committee Minutes of meeting EDAC07-09 dated Thursday, December 13, 2007 be adopted. CARRIED DELEGATIONS None Mayor Phyllis Morris arrived at 7:20 p.m MATTERS FOR CONSIDERATION 2008 Proposed Meeting Dates Moved by Kent Dinning Seconded by Christopher Ballard THAT the proposed meeting date of Thursday, February 14, 2008 be changed to Wednesday, February 20, 2008; and THAT the balance of the meeting schedule. for the Economic Development Advisory Committee be approved. CARRIED The Chief Administrative Officer introduced the new Economic Development Officer, Ms Marnie Wraith, who started on January 7, 2008. -46- General Committee - February 5, 2008 Economic Development Advisory Committee Record No. 08-01 Page 4 of 7 Thursday, January 10, 2008 3, Memorandum from the Director of Planning & Development Re: Proposed Official Plan & Zoning By-law Amendments Policies and Provisions for Drive -Through Facilities Files D09-01-07 and D14-06-07 Moved by Bryan Black Seconded by Bryan Moir THAT the staff report pertaining to drive-thru establishments be circulated to the Economic Development Advisory Committee members as soon as possible. CARRIED 4. Update from Members of the Corporate Calling. Program The Chief Administrative Officer requested that members of the Economic Development Advisory Committee forward any information obtained through the Corporate Calling Program to the Economic Development Officer via e-mail at: mwraith()e-aurora.ca. Councillor Wilson advised that this item would be included on all future agendas. INFORMATIONAL ITEMS 5. Memorandum from the Town Solicitor Re: Committee Declaration of Appointed Office . Moved by Kent Dinning Seconded by Sean Herbinson THAT the memorandum from the Town Solicitor entitled "Committee Declaration of Appointed Office" be received for information. CARRIED 6. Memorandum from Special Projects Co-ordinator Re: Monthly Report (October/November) Moved by Christopher Ballard Seconded by Bryan Black THAT the memorandum from the Special Projects Co-ordinator entitled "Monthly Report (Octobey/November)" be received for information. CARRIED -47- General Committee February 5, 2008 Economic Development Advisory Committee Record No. 08-01 Page 5 of 7 Thursday, January 10, 2008 Councillor Wilson advised that the grand opening of Wal-Mart will be on Wednesday, January 23, 2008 at 6:30 a.m. Councillor Gaertner requested that notices regarding town -owned lands available for sale be posted in the white display units on the second floor of Town Hall. Councillor Granger requested that the Economic Development Officer provide a presentation at the next meeting regarding BizPal. The committee requested a monthly report from the Economic Development Officer. Moved by Councillor Granger Seconded by Councillor Gaertner THAT York Region Transit be requested to address the Economic Development Advisory Committee at its next meeting by providing the presentation previously made to Council, including updates, information received from the Chamber of Commerce, and specifics on routes, costs, ridership and efficiencies, from a business perspective. DEFEATED Moved by Councillor Gaertner Seconded by Bryan Moir THAT the York Region Transit PowerPoint presentation, previously presented to Council, be circulated to members of the Economic Development Advisory Committee. CARRIED The Chief Administrative Officer provided an overview of the modified tender process used for the sale of the town -owned Leslie Street lands. The committee requested a more user-friendly format for the monthly report that will be provided by the Economic•Development Officer. 7. Economic Profile of York Region Moved by Christopher Ballard Seconded by Kent Dinning THAT the Economic Profile of York Region be received for information. CARRIED -48- General Committee - February 5, 2008 Economic Development Advisory Committee Record No. 08-01 Page 6 of 7 Thursday, January 10, 2008 8. Town of Aurora Planning Applications Status List Moved by Bryan Black Seconded by Christopher Ballard THAT the Town of Aurora Applications Status List be received for information. CARRIED 9. Economic Development Website (request for members to review the website — htip://town.aurora. on. ca/aurora/index. aspx7CategorylD=13&lang=en-CA) Councillor Wilson requested that members review the contents of the website and provide ongoing feedback and suggestions in order to strive to continuously improve the site. The Economic Development Officer provided an overview of the areas she has identified as priorities within her new position: BizPal program ➢ Update of the 2003 Economic Development Strategy ➢ Based on the sector analysis prepared by urbanMetrics, request funding from the Department of Foreign Affairs to assist in preparing a marketing plan with a focus on the following four sectors: - automotive - bio-tech - advanced manufacturing - information, communications & technology ➢ Produce lure brochures for the four sectors The Economic Development Officer advised that the Real Estate Breakfast has been tentatively scheduled for Wednesday, April 9, 2008, with confirmation and details to follow. -49- General Committee - February 5, 2008 Economic Development Advisory Committee Record No. 08-01 Page 7 of 7 Thursday, January 10,2008 NEW BUSINESS Christopher Ballard voiced his displeasure regarding comments made in the local newspaper by Mr. Dick Illingworth suggesting that members of the Economic Development Advisory Committee are jealous about the fact that one of the Economic Development Advisory Committee members writes a regular column. Mayor Morris apologized to the citizen members on behalf of herself and Council. Kent Dinning requested that additional contact information be passed along to the members by the Economic Development Officer, on an ongoing basis, in order to continue calling on businesses for the Corporate Calling Program. Kent Dinning requested that the committee continue to move forward on the goals that have been identified for the committee in order to make progress and obtain results. Bryan Black suggested that the Economic Development Officer develop an appropriate system that works for her to collect and manipulate Corporate Calling Program information. ADJOURNMENT Moved by Councillor Granger THAT the meeting be adjourned at 9:27 p.m. CARRIED 1 IorAl ils , hair do Development Advisory Committee -50- General Committee - February 5, 2008 TOWN OF AURORA ALJRCORA GENERAL COMMITTEE No. GA08-01 SUBJECT: Graffiti Abatement Ad Hoc Committee - Recommendation Summary from January 17, 2008 DATE: February 5, 2008 RECOMMENDATIONS Graffiti Abatement Ad Hoc Committee Minutes GA07-04 Thursday, November 29, 2007 THAT the Graffiti Abatement Ad Hoc Committee Minutes of meeting GA07-04 dated Thursday, November 29, 2007 be adopted. 2. Presentation by the By-law Services Co-ordinator on Graffiti Sites No motion 3. Report from the By-law Services Co-ordinator Re: Update for Discussion on the Graffiti Abatement Program THAT Councillor Collins-Mrakas, the By-law Services Co-ordinator, the By-law Enforcement/Licensing Officer, Constable Shane Mulligan and a representative from Crime Stoppers meet prior to the next meeting of the Graffiti Abatement Ad Hoc Committee to discuss graffiti within the Town of Aurora. THAT Councillor Collin s-Mrakas work with the By-law Services Co-ordinator and the By-law Enforcement/Licensing Officer to investigate avenues for financial assistance from the MPP's office and provide a written, formal request to the MPP and MP. THAT staff pursue the option of Municipal Access Agreement with the utility companies, which would include the requirement that the utility company remove graffiti from their respective street furniture within 48 hours; and THAT staff report on the establishment of agreements such as the Municipal Access Agreement and/or regulatory agreements which are currently in place regarding utility street furniture on town -owned property. THAT staff provide a draft budget regarding the hiring of a student, or students, including labour, vehicles, supplies, advertising and communications equipment. -51- General Committee - February 5, 2008 February 5, 2008 - 2 - Report NoGA08-01 4. Next Steps 1►• u• •1 5. Articles from the Auroran, November 27, 2007 - "Plans Made to Rid Aurora of its Graf d" - "Don't Need Train to See Graffiti" 6. Article from the Toronto Star, November 29, 2007 - "One Man's Art' THAT items 5 and 6 be received for information. ATTACHMENTS Attachment #1 — Graffiti Abatement Ad Hoc Committee Minutes of January 17, 2008 Prepared by: Carol Clara, Council/Committee Secretary Ext 4227 elkia Carol Clark Council/Committee Secretary On behalf of the Graffiti Abatement Ad Hoc Committee -52- General Committee - February 5, 2008 AI JIZORA COMMITTEE MINUTES MEETING NO. 08-01. Committee: Graffiti Abatement Ad Hoc Committee Date: Thursday, January 17, 2008 Time and Location: 7:00 p.m., Leksand Room Committee Members: Councillor Alison Collins-Mrakas, Allan Church, Michael Evans, Jane Hinder, Kim Rogers, Sean Herbinson Absent: None Other Attendees: Constable Shane Mulligan, York Regional Police, Chris Alexander, By-law Services Co-ordinator, Heather Green, By- law Enforcement/Licensing Officer, Carol Clark, Council/Committee Secretary Councillor Collins-Mrakas called the meeting to order at 7:04 p.m DECLARATIONS OF INTEREST ' There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Alan Church Seconded by Sean Herbinson THAT the agenda as circulated by the Corporate Services Department be approved. CARRIED -53- General Committee - February 5, 2008 Graffiti Ad Hoc Committee Record No. 08-01 Page 2 of 5 Thursday, January 17, 2008 ADOPTION OF MINUTES Graffiti Abatement Ad Hoc Committee Minutes GA07-04 Thursday, November 29, 2007 Moved by Sean Herbinson Seconded by Jane Hinder THAT the Graffiti Abatement Ad Hoc Committee Minutes of meeting GA07-04 dated Thursday, November 29, 2007 be adopted. DELEGATIONS None Councillor Collins-Mrakas introduced Constable Shane Mulligan, the York Regional Police representative. MATTERS FOR CONSIDERATION 2. Presentation by the By-law Services Co-ordinator on Graffiti Sites The By-law Services Co-ordinator provided a presentation to the committee pertaining to the main areas of graffiti, as plotted.on a town map based on information provided by committee members. The By-law Services Co-ordinator indicated that the concentration of graffiti is close to schools and playgrounds. The By-law Services Co-ordinator advised that, when presenting this information to Council, the town will be divided into quadrants, with the northwest and southwest areas showing the predominance of graffiti. 3, Report from the By-law Services Co-ordinator Re: Update for Discussion on the Graffiti Abatement Program The By-law Services Co-ordinator provided an update, reviewing several main topics, including: ➢ Development of a poster and/gr campaign for local high school students Y Possibility of setting up a 24 hour hotline to allow residents to report graffiti - Constable Mulligan suggested that the Crime Stoppers website be used for this in order to eliminate additional costs. -54- General Committee - February 5, 2008 Graffiti Ad Hoc Committee Record No. 08-01 Page 3 of 5 Thursday, January 17, 2008 ➢ Use of various advertising options, such as the Town's website, Notice Board, electronic signs, boards at facilities and Aurora Cable Internet to make residents aware of the program ➢ Establishment of partnerships with various groups, agencies, firms and levels of government — utility companies, Chamber of Commerce, York Regional Police, local businesses, service groups ➢ Community Clean-up Days ➢ Hiring of students for the summer to clean up the identified graffiti sites ➢ Provincial and federal funding options ➢ Municipal Access Agreements Moved by Allan Church Seconded by Jane Hinder THAT Councillor Collins-Mrakas, the By-law Services Co-ordinator, the By-law Enforcement/Licensing Officer, Constable Shane Mulligan and a representative from Crime Stoppers meet prior to the next meeting of the Graffiti Abatement Ad Hoc Committee to discuss graffiti within the Town of Aurora. CARRIED Moved by Michael Evans Seconded by Sean Herbinson THAT Councillor Collins-Mrakas work with the By-law Services Co- ordinator and the By-law Enforcement/Licensing Officer to. investigate avenues for financial assistance from the MPP's office and provide a written, formal request to the MPP and MP. CARRIED Moved by Sean Herbinson Seconded by Allan Church THAT staff pursue the option of Municipal Access Agreement with the utility companies, which would include the requirement that the utility company remove graffiti from their respective street furniture within 48 hours; and THAT staff report on the establishment of agreements such as the Municipal Access Agreement and/or regulatory agreements which are currently in place regarding utility street furniture on town -owned property. CARRIED -55- General Committee - February 5, 2008 Graffiti Ad Hoc Committee Record No. 08-01 Page 4 of 5 Thursday, January 17, 2008 Moved by Sean Herbinson Seconded by Jane Hinder THAT staff provide a draft budget regarding the hiring of a student, or students, including labour, vehicles, supplies, advertising and communications equipment. MEOW 4. Next Steps The committee discussed the need for two more meetings before dissolving the Graffiti Abatement Ad Hoc Committee. The committee discussed the need for an interim report for the committee, which would include a review of work already completed in other municipalities, and would be formulated by Councillor Collins-Mrakas, the By-law Services Co- ordinator, the By-law Enforcement/Licensing Officer and Constable Shane Mulligan. INFORMATIONAL ITEMS 5. Articles from the Auroran, November 27, 2007 "Plans Made to Rid Aurora of its Graffiti" "Don't Need Train to See Graffiti" 6. Article from the Toronto Star, November 29, 2007 - "One Man's Art" Moved by Allan Church Seconded by Michael Evans THAT items 5 and 6 be received for information. NEW BUSINESS The next meeting. of the Graffiti Abatement Ad Hoc Committee is scheduled for Thursday, February 7, 2008. -56- General Committee - February 5, 2008 Graffiti Ad Hoc Committee Record No. 08-01 Page 5 of 5 Thursday, January 17, 2008 ADJOURNMENT Moved by Sean Herbinson THAT the meeting be adjourned at 8:38 p.m. CARRIED Councillor Alison Collins-Mrakas p`' Chair, Graffiti Abatement Ad Hoc Committee -57- General Committee - February 5, 2008 X71. r�- TOWN OF AURORA AURORA GENERAL COMMITTEE No. LSAC08-01 SUBJECT: Leisure Services January 17, 2008 FROM: Leisure Services Advisory Committee DATE: February 5, 2008 RECOMMENDATIONS ADOPTION OF MINUTES THAT under Item 1, Staff Report Re: July 1st Parade— Sub -Committee Terms of Reference, Clause 2 — Membership, the motion by John Clement be amended to replace the word "comprised" with the word 'composed"; and THAT the meeting Record No. 07-07 dated November 15, 2007, as amended, be adopted. Delegations a) Aurora Sports Council THAT the delegation by the Aurora Sports Council be deferred to the February 21, 2008 LSAC meeting, c) Sandra Humphryes — Canada Day Sub -Committee Proposal THAT the delegation by Sandra Humphryes regarding the Canada Day Sub - Committee Proposal be received. b) Klaus Wehrenberg — Trails Sub -Committee Issues THAT the delegation by Klaus Wehrenberg regarding the Trails Sub -Committee issues be received. -58- General Committee - February 5, 2008 February 5, 2008 -2- Report No. LSAC08-01 2. 2008 Meeting Dates THAT the 2008 Leisure Services Advisory Committee dates be approved as follows: Thursday, February 21, 2008 Thursday, March 20, 2008 Thursday, April 17, 2008 Thursday, May 15, 2008 Thursday, June 19, 2008 Thursday, September 18, 2008 Thursday, October 16, 2008 Thursday, November 20, 2008 .No December Meeting Scheduled 3. Revised Leisure Services Advisory Committee Contact List Re: Deletion of 2 Youth Membership THAT the revised Leisure Services Advisory Committee Contact List be received for information; and THAT staff be requested to report back to the February 21, 2008 Leisure Services Advisory Committee meeting with the names of the groups that the two youth members were responsible for as contact persons. 4. Special Events Coordinator Report — A Haunted Forest 2007 THAT the Special Events Coordinator Report — A Haunted Forest 2007 be received for information. 5. Special Events Coordinator Report — Santa Under the Stars Parade 2007 THAT the Special Events Coordinator Report — Santa Under the Stars Parade 2007 be received for information. 6. Special Events Coordinator Report — 3rd Annual Tree Lighting Ceremony 2007 THAT the Special Events Coordinator Report — 3rd Annual Tree Lighting be received for information. Events Calendar for January 2008 to April 2008 THAT the events calendar for January 2008 to April 2008 be received for information. -59- General Committee - February 5, 2008 February 5, 2008 - 3 - Report No. LSAC08-01 8. Revised Leash -Free Park Sub -Committee — Terms of Reference THAT the revised Terms of Reference for the Leash -Free Park Sub -Committee, be approved with the following amendment: That under Clause 5 — Duties and Functions — the bullet point referring to "provision and collection of garbage and poop containers" be listed as a committee's responsibility rather than a Town responsibility, 9. Trails Sub -Committee Minutes — November 9, 2007 THAT the Trails Sub -Committee Minutes of November 9, 2007 be received for information. 10. Trails Sub -Committee Minutes — November 16, 2007 THAT the Trails Sub -Committee Minutes of November 16, 2007 be received for information and the following recommendations be adopted: Polsinelli & Sifton Lands at the north east corner of Vandorf & Bayview Avenue THAT a six meter (6M) strip of land along the entire north edge of the Sifton land be set aside for a trails corridor, at the.draft plan stage of any development, such land to be set aside in the form of an easement for the future major east -west corridor; and THAT due to the availability of the hydro corridor as connector lands, there is no need to obtain any more concessions for trail lands from the Polsinelli Development, promised on the assumption that the hydro corridor lands would be available as trail corridor lands if needed; and Town Owned Leslie Street Farm THAT the Trails Sub -Committee meet with Council to present the preferred trail routing through these lands as a condition of sale of the lands; and THAT trail corridors be made available, either through sales contract conditions, or through setting aside those corridors prior to selling the lands, as per the attached sketch, namely: a) A 12 metre corridor all along the east boundary; b) A 12 metre corridor all along the south boundary; -60- General Committee —February 5, 2008 February 5, 2008 - 4 - Report No. LSAC08-01 c) A 6 meter corridor all along the west boundary of the Richardson property, on the west side of the town owned lands, the intent being to ask for another 6 meters on the Richardson lands at development time of these lands; and Crossino of Arterial and Collector Roads THAT pedestrian activated crossing signals be placed at arterial/collector roads where main trails cross those roads.until the road crossings can be accomplished through grade separations and that grade separations be included whenever road reconstruction occurs. Trail Connection with Parks THAT all existing and future parks be connected to the trail grid, wherever possible; and 5. Westhill Development THAT should this application be approved, the Trails Sub -Committee recommends that an east -west trails corridor should be routed through this development, which corridor would also utilize the planned underpass under Leslie Street, as outlined in Recommendation 3 above, namely that majortraiis corridors cross arterial roads with grade separations; and THAT, where possible, a map be appended to highlight relevant locations. 11. Trails Sub -Committee Minutes -- November 23, 2007 THAT the Trails Sub -Committee Minutes of November 23, 2007 be received for information. 12. Trails Sub -Committee Minutes — November 30, 2007 THAT the Trails Sub -Committee Minutes of November 30, 2007 be received for information and the following recommendation be adopted: Hartwell Way Extension Over Wildlife Park THAT there be a grade separation so that the trails corridor that is planned in a north -south direction in the Wildlife Park runs under a bridge that carries the motorized traffic along Hartwell Way, in an east -west direction, as it is also believed to be in the best interest of habitat continuity, especially in terms of the riparian system of the creek; and -61- General Committee - February 5, 2008 February 5, 2008 .5- Report No. LSAC08-01 THAT, where possible, a map be appended to highlight relevant locations. 13. Revised Canada Day Parade Sub -Committee — Terms of Reference THAT the revised Terms of Reference for the Canada Day Parade Sub - Committee be approved. 14. Request for Town Services for 2008 Street Dance THAT the request for Town services for the 2008 Street Dance be received and referred to staff for a report on the policy of waiving fees for Town events; and THAT staff suggest ways of reducing the costs incurred for such events. 15. Parkland Inventory THAT the parkland inventory submitted by the Director of Leisure Services be received. 16. Canada Day Festivities (including 2008 Dance in the Park) THAT the presentation by the Special Events Coordinator entitled "2008 Canada Day Festivities" (including the Dance in the Park event) be received; and THAT "Celebrate Aurora" take place as an open dance on the evening of June 30, 2008; and THAT "Dance in the Park" take place as a ticketed event on the evening of June 30,2008;and THAT staff provide a report to the February 21, 2008 LSAC meeting outlining the pros and cons including all related costs of adding the extra event; and THAT staff provide the information required to make a decision on whether or not the "Dance in the Park" should be switched from Lambert Wilson Park to Town Park, 17. Ms Sandra Humphries Canada Day Parade Proposal (Added Delegation) THAT the proposal presented by Ms Sandra Humphries be referred to staff for a report to the February 21, 2008 LSAC meeting; and -62- General Committee - February 5, 2008 February 5, 2008 - 6 - Report No. LSAC08-01 THAT the Canada Day Parade Sub -Committee meet with staff to discuss this matter further prior to the February 21, 2008 Leisure Services Advisory Committee meeting. 18. Recommendation from Closed Session Appointments to the Canada Day Parade Sub -Committee THAT the following people be appointed to the Canada Day Parade Sub - Committee: Carolyn Barclay, Tracey Cox, Melissa Hrychuk, Sandra Humfryes, Margaret Kingerski , Marilyn McCart, Cynthia Proctor, Sher St. Kitts, and Pat Stade. ATTACHMENTS Attachment #1 — Leisure Services Advisory Committee Minutes of January 17, 2008 Prepared by. Karen Ewart, Administrative Co-ordinator/Deputy Clerk Ext, 4222 Kar A"wart_ Administrative Co-ordinator/Deputy Clerk On behalf of the Leisure Services Advisory Committee -63- General Committee - February 5, 2008 AuR_oxA COMMITTEE MINUTES MEETING NO. 08-0 / Committee: Leisure Services Advisory Committee Date: Thursday, January 17, 2007 Time and Location: 7:00 p.m., Holland Room Committee Members: Councillor MacEachern, Chair, Councillor Granger, Vice - Chair; John Clement, Margaret Kingerski, Councillor McRoberts, Judy Norwell and Kenneth Whitehurst Absent: Michael Levesque, Darby Piquette, Nameer Rizvi and Carol Walthers Other Attendees: Al Downey, Director of Leisure Services, Shelly Ware, Special Events Coordinator and Elma Stevenson, Committee Secretary Councillor MacEachern called the meeting to order at 7:05 p.m. and called for nominations for Chair of the Leisure Services Advisory Committee. ELECTION OF CHAIR AND VICE CHAIR Moved by John Clement Seconded by Councillor Granger THAT Councillor Evelina MacEachern be nominated Chair of the Leisure Services Advisory Committee. CARRIED Moved by John Clement Seconded by Councillor Granger THAT nominations be closed. CARRIED SME General Committee - February 5, 2008 Leisure Services Advisory. Committee Record No. 08-01 Thursday, January 17, 2007 Moved by John Clement Page 2 of 11 Seconded by Councillor Granger THAT Councillor Evelina MacEachern be appointed Chair of the Leisure Services Advisory Committee. CARRIED Moved by Margaret Kingerski Seconded by Councillor McRoberts THAT Councillor Stephen Granger be nominated Vice -Chair of the Leisure Services Advisory Committee. CARRIED Moved by Margaret Kingerski THAT nominations be closed. CARRIED Moved by Margaret Kingerski Seconded by Councillor McRoberts Seconded by Councillor McRoberts THAT Councillor, Stephen Granger be appointed Vice -Chair of the Leisure Services Advisory Committee. CARRIED DECLARATIONS OF INTEREST Margaret Kingerski declared an interest in Added Delegation Item (b) and Items 13, 17 and 18 as she is an applicant for the Canada Day Parade Sub -Committee. She did not take part in or vote on any questions regarding these items or attempt in any way to influence the voting on such questions. APPROVAL OF AGENDA Moved by Kenneth Whitehurst Seconded by Margaret Kingerski THAT the agenda with the following additional items be approved: ➢ Delegation Item b) — Klaus Wehrenberg — Trails Sub -Committee Issues -65- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08-01 Page 3 of 11 Thursday, January 17, 2007 ➢ Delegation Item c) — Sandra Humphryes — Canada Day Sub - Committee Proposal ➢ Item 14 — E-Mail — Councillor Granger — Request for Town Services for 2008 Street Dance ➢ Item 15 — Parkland Inventory ➢ Item 16 — 2008 Canada Day Festivities (including 2008 Dance in the Park ADOPTION OF MINUTES Moved by John Clement Seconded by Councillor Granger THAT under Item 1, Staff Report Re: July 1st Parade -- Sub -Committee Terms of Reference, Clause 2 — Membership, the motion by John Clement be amended to replace the word "comprised" with the word "composed"; . and THAT the meeting Record No. 07-07 dated November 15, 2007, as amended, be adopted. CARRIED DELEGATIONS a) Aurora Sports Council Moved by Margaret Kingerski Seconded by Kenneth Whitehurst THAT the delegation by the Aurora Sports Council be deferred to the February 21, 2008 LSAC meeting. CARRIED c) Sandra Humphryes — Canada Day Sub -Committee Proposal Margaret Kingerski took no part in the discussion or voting on the following matter. -66- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08.01 Thursday, January 17, 2007 Page 4 of 11 Moved by Councillor Granger Seconded by Councillor McRoberts THAT the delegation by Sandra Humphryes regarding the Canada Day Sub -Committee Proposal be received. CARRIED b) Klaus Wehrenberg -- Trails Sub -Committee Issues Moved by Councillor McRoberts Seconded by John Clement THAT the delegation by Klaus Wehrenberg regarding the Trails Sub - Committee issues be received. CARRIED MATTERS FOR CONSIDERATION 2. 2008 Meeting Dates Moved by Councillor Granger Seconded by Councillor McRoberts THAT the 2008 Leisure Services Advisory Committee dates be approved as follows: Thursday, February 21, 2008 Thursday, March 20, 2008 Thursday, April 17, 2008 Thursday, May 15, 2008 Thursday, June 19, 2008 Thursday, September 18, 2008 Thursday, October 16, 2008 Thursday, November 20, 2008 No December Meeting Scheduled CARRIED -67- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08-01 Thursday, January 17, 2007 3. a E1 0 Revised Leisure Services Advisory Committee Contact List Re: Deletion of 2 Youth Membership Page 5 of 11 Moved by Councillor McRoberts Seconded by Kenneth Whitehurst THAT the revised Leisure Services Advisory Committee Contact List be received for information; and THAT staff be requested to report back to the February 21, 2008 Leisure Services Advisory Committee meeting with the names of the groups that the two youth members were responsible for as contact persons. Special Events Coordinator Report — A Haunted Forest 2007 Moved by Councillor McRoberts Seconded by Councillor Granger THAT the Special Events Coordinator Report — A Haunted Forest 2007 be received for information. CARRIED Special Events Coordinator Report — Santa Under the Stars Parade 2007 Moved by Councillor McRoberts Seconded by Councillor Granger THAT the Special Events Coordinator Report — Santa Under the Stars Parade 2007 be received for information. CARRIED Special Events Coordinator Report - 3rd Annual Tree Lighting Ceremony 2007 Moved by Councillor McRoberts Seconded by Councillor Granger THAT the Special Events Coordinator Report — 3rd Annual Tree Lighting be received for information. CARRIED -68- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08-01 Page 6 of l l Thursday, January 17, 2007 7. Events Calendar for January 2008 to April 2008 Moved by Councillor McRoberts Seconded by Councillor Granger THAT the events calendar for January 2008 to April 2008 be received for information. CARRIED LEASH - FREE PARK SUB -COMMITTEE 8. Revised Leash -Free Park Sub -Committee — Terms of Reference Moved by Councillor McRoberts Seconded by Judy Norwell THAT the revised Terms of Reference for the Leash -Free Park Sub - Committee, be approved with the following amendment: That under Clause 5 — Duties and Functions — the bullet point referring to "provision and collection of garbage and poop containers" be listed as a committee's responsibility rather than a Town responsibility. CARRIED TRAILS SUB -COMMITTEE 9. Trails Sub -Committee Minutes — November 9, 2007 Moved by Councillor McRoberts Seconded by Margaret Kingerski THAT the Trails Sub -Committee Minutes of November 9, 2007 be received for information. CARRIED 10. Trails Sub -Committee Minutes — November 16, 2007 Moved by Councillor McRoberts Seconded by Margaret Kingerski THAT the Trails Sub -Committee Minutes of November 16, 2007 be received for information and the following recommendations be adopted: -69- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08-0.1 Page 7 of 11 Thursday, January 17, 2007 1. Polsinelli & Sifton Lands at the north east corner of Vandorf & Bawiew Avenue THAT a six meter (6M) strip of land along the entire north edge of the Sifton land be set aside for a trails corridor, at the draft plan stage of any development,, such land to be set aside in the form of an easement for the future major east -west corridor; and THAT due to the availability of the hydro corridor as connector lands, .there is no need to obtain any more concessions for trail, lands from the Polsinelli Development, premised on the assumption that the hydro corridor lands would be available as trail corridor lands if needed; and 2. Town Owned Leslie Street Farm THAT the Trails Sub -Committee meet with Council to present the preferred trail routing through these lands as a condition of sale of the lands; and THAT trail corridors be made available, either through sales contract conditions, or through setting aside those corridors prior to selling the lands, as per the attached sketch, namely: a) A 12 metre corridor all along the east boundary; b) A 12 metre corridor all along the south boundary; c) A 6 meter corridor all along the west boundary of the Richardson property, on the west side of the town owned lands, the intent being to ask for another 6 meters on the Richardson lands at development time of these lands; and 3. Crossing of Arterial and Collector Roads THAT pedestrian activated crossing signals be placed at arterial/collector roads where main trails cross those roads until the road crossings can be accomplished through grade separations and that grade separations be included whenever road reconstruction occurs. 4. Trail Connection with Parks THAT all existing and future parks be connected to the trail grid, wherever possible; and -70- General Committee - February 5, 2005 Leisure Services Advisory Committee Record No. 08-01 Thursday, January 17, 20.07 11 12. 5. Westhill Development Page 8 of 11 THAT should this application be approved, the Trails Sub - Committee recommends that an east -west trails corridor should be routed through this development, which corridor would also utilize the planned underpass under Leslie Street, as outlined in Recommendation 3 above, namely that major trails corridors cross arterial roads with grade separations; and THAT, where possible, a map be appended to highlight relevant locations. CARRIED Trails Sub =Committee Minutes — November 23, 2007 Moved by Councillor McRoberts Seconded by Margaret Kingerski THAT the Trails Sub -Committee Minutes of November 23, 2007 be received for information. CARRIED Trails Sub -Committee Minutes — November 30, 2007 Moved by Councillor McRoberts Seconded by Margaret Kingerski THAT the Trails Sub -Committee Minutes of November 30, 2007 be received for information and the following recommendation be adopted: 1. Hartwell Way Extension Over Wildlife Park THAT there be a grade separation so that the trails corridor that is planned in a north -south direction in the Wildlife Park runs under a bridge that carries the motorized traffic along Hartwell Way, 'in an east -west direction, as it is also believed to be in the best interest of habitat continuity, especially in terms of the riparian system of the creek; and THAT, where possible, a map be appended to highlight relevant locations. _CARRIED -71- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08.01 Page 9 of 11 Thursday, January 17, 2007 CANADA DAY PARADE SUB -COMMITTEE 13. 14. 15. Revised Canada Day Parade Sub -Committee — Terms of Reference Margaret Kingerski took no part in the discussion or voting on the following matter. Moved by Councillor Granger Seconded by Councillor McRoberts . THAT the revised Terms of Reference for the Canada Day Parade Sub - Committee be approved. CARRIED Moved by Judy Norwell Seconded by Kenneth Whitehurst THAT the meeting be extended past 9:00 p.m. CARRIED Request for Town Services for 2008 Street Dance Moved by Councillor McRoberts Seconded by Margaret Kingerski THAT the request for Town services for the 2008 Street Dance be received and referred to staff for a report on the policy of waiving fees for Town events;,and THAT staff suggest ways of reducing the costs incurred for such events. Parkland Inventory Moved by John Clement CARRIED Seconded by Kenneth Whitehurst THAT the parkland inventory submitted by the Director of Leisure Services be received. CARRIED _72_ General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08-01 Page 10 of 11 Thursday, January 17, 2007 16. Canada Day Festivities (including 2008 Dance in the Park) Moved by Councillor McRoberts Seconded by Councillor Granger THAT the presentation by the Special Events Coordinator entitled "2008 Canada Day Festivities" (including the Dance in the Park event) be received; and THAT "Celebrate Aurora' take place as an open dance on the evening of June 30, 2008; and THAT "Dance in the Park" take place as a ticketed event on the evening of June 30, 2008; and THAT staff provide a report to the February 21, 2008 LSAC meeting outlining the pros and cons including all related costs of adding the extra event; and THAT staff provide the information required to make a decision on whether or not the "Dance in the Park" should 'be switched from Lambert Wilson Park to Town Park. CARRIED CLOSED SESSION 17. Ms Sandra Humphries Canada Day Parade Proposal (Added Delegation) Margaret Kingerski took no part in the discussion or voting on the following matter. Moved by Councillor McRoberts Seconded by Councillor Granger THAT the .proposal presented by Ms Sandra Humphries be referred to staff for a report to the February 21, 2008 LSAC meeting; and THAT the Canada Day Parade Sub -Committee meet with staff to discuss this matter further prior to the February 21, 2008 Leisure Services Advisory Committee meeting. -73- General Committee - February 5, 2008 Leisure Services Advisory Committee Record No. 08-01 Page 11 of 11 Thursday, January 17, 2007 18. Recommendation from Closed Session Appointments to the Canada Day Parade Sub -Committee Margaret Kingerski took no part in the discussion or voting on the following . matter. Moved by Councillor McRoberts Seconded by Councillor Granger THAT the following people be appointed to the Canada Day Parade Sub- committee: Carolyn Barclay, Tracey Cox, Melissa Hrychuk, Sandra Humfryes, Margaret Kingerski , Merilyn McCart, Cynthia Proctor, Sher St. Kitts, and Pat Stade. ADJOURNMENT Moved by Judy Norwell THAT the meeting be adjourned at 11:30 p.m, CARRIED Co� r Evelina IU(ac ac ern, Chair -74- General Committee - February 5, 2008 .:.:.You.'r�:irr.600dcoeti/aaicy.'. MEMORANDUM Office of the Mayor Date: February 5, 2008 To: Members of Council From: Mayor Phyllis Morris Re: Earth Hour On March 29, 2008 at exactly 8:00 p.m., major cities around the world will turn off their lights for one hour to raise awareness about climate change and to symbolize that, working together, the people of the world can make a difference in the fight against global warming. York Region Council at its meeting of January 24, 2008 supported a resolution to recognize this event called "Earth Hour" by participating and widely promoting the initiative in order to encourage every individual, household and business in York Region to turn off their lights during this hour. Please see the attached copy of this resolution which has been forwarded to every municipality in the Regional Municipality of York, encouraging them to participate in Earth Hour in order to bring awareness to this important issue and to encourage others to follow suit. I am recommending that the resolution from York Region regarding Earth Hour be endorsed and supported by Council and that the Town of Aurora sign up for Earth Hour by participating and encouraging others to turn off all non -essential lighting for one hour at 8:00 p.m. on March 29, 2008. Respectfully submitted, P Mayor Phyllis Morris Att. /rs -75- General Committee - February 5, 2008 EARTH HOUR RESOLUTION WHEREAS climate change is the biggest environmental threat to our planet and the number one concern for Canadians; WHEREAS at exactly 8:00 pm on March 29, 2008, major cities around the world will turn off their lights for one hour to raise awareness about climate change and to symbolize that, working together, the people of the world can make a difference in the fight against global warming; WHEREAS the event, called"Earth Hour", a World Wildlife Fund (WWF) initiative that was officially announced in December 2007 at the United Nations Conference on Climate Change, has grown from a single event in Sydney, Australia to a global phenomenon that will occur across six continents and in as many as 20 cities in 2008; WHEREAS last year, almost 2.3 million Sydney residents participated in Earth Hour — including more than 2,100 businesses — resulting in a 10 per cent reduction on the electrical grid, saving 25,000 tormes of carbon dioxide — the equivalent of taking about 50,000 cars off the road for one hour; WHEREAS some of the major cities around the world committed to joining Sydney in 2008 include Manila, Copenhagen, Tel Aviv, and Toronto; WHEREAS Markham, Mississauga, Brampton and Newmarket may soon be joining the worldwide effort; WHEREAS participating in this historic event sends a powerful message to every citizen and business around the world that it's possible to take action on climate change and that switching off our lights is just one simple action we can take to help make a difference; WHEREAS the goal is to educate the community on the threat of climate change and what each individual and business can do to make a difference every day; and to get as many individuals, households, and businesses as possible to rum off their lights as a symbolic statement that now is the time to take action on climate change; WHEREAS participating in this historic event sends a powerful message to every citizen and business that The Regional Municipality of York cares about our planet and is willing to take a leadership position against climate change and global warming; THEREFORE BE IT RESOLVED by the Council of the Regional .Municipality of York as follows: 1. THAT at 8:00 pm on March 29, 2008, the Regional Municipality of York will join other cities around the world in literally "turning out the lights" by shutting -76- General Committee - February 5, 2008 off all non -essential lighting in all of its facilities, where feasible, and without jeopardizing safety, for one full hour; 2. THAT, to be formally recognized around the world as an Earth Hour participant, the appropriate staff register at wwf ca/Earth Hour, the official website for this initiative; 3. THAT the Regional Municipality of York's participation in Earth Hour be widely promoted and publicized in order to raise awareness about this important issue and in order to encourage every individual, household and business in York Region, and beyond, to join in by turning off their lights for one hour at 8:00 pm on March29, 2008; 4. THAT a copy of this Resolution be forwarded to every municipality in the Regional Municipality of York, encouraging them to participate in Earth Hour; and, 5. THAT a copy of this Resolution also be forwarded to FCM (Federation of Canadian Municipalities) with the request that a copy be made available to every municipality across Canada. .77. General Committee - February 5, 2008 TOWN OF AURORA Au1oiiA GENERAL COMMITTEE REPORT No. PL08-007 SUBJECT: Application for Site Plan Approval 2003839 Ontario Inc. 14729 Yonge Street Lot 5, Plan 10328 File.D11-14-07 FROM: Jim Kyle, Acting Director of Planning and Development Services DATE: February 5, 2008 THAT Report PL08-007 be received as information and that, subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning and Development Services to execute a Site Plan Agreement between the Owner and the Town of Aurora to permit the construction of a new 1637.4m2 (17625.4 ft2) Shoppers Drug Mart building on the subject lands. BACKGROUND Location/Land Use The subject lands are located at the north-west corner of Edward Street and Yonge Street (see Figure 1). The subject lands are legally described as Lot 5 on Plan 10328 and municipally known as 14729 Yonge Street. The subject lands have the following characteristics: • A total site area of. approximately 6654.68m2 (71,632.73 ft2); • Frontage of approximately 67.06 metres (220 feet) on Yonge Street, and flankage of 81.79 m (268 feet) on Edward Street; • Two accesses, a full moves access on Edward Street and a right -in right -out access on Yonge Street; • An existing Shoppers Drug Mart building (to be demolished) on the northern portion of the property and an existing gas station (Canadian Tire) with a gas bar (44.60m2 (480 ft2) on the southern portion of the site; Surrounding Uses: North: existing commercial lands; South: Edward Street, beyond which are existing commercial lands; East: existing industrial lands; and, West: Yonge Street, beyond which are existing. commercial uses. -78- General Committee - February 5, 2008 February 5, 2008 .2- Report No. PL08-007 Official Plan The subject lands are designated "Community Commercial" and are within the Heritage Resource Area in the Town of Aurora Official Plan. The proposed development is consistent with the policies contained therein and therefore an amendment to this document is not required to facilitate this application. Zoning By-law The subject property is zoned "Shopping Centre .Commercial (C4-17) Exception Zone" by the Town of Aurora Zoning By-law 2213-78, as amended. The proposal is to replace the existing Shoppers Drug Mart building with a new building with no change of use. The existing gas station and kiosk is proposed to be maintained on the site. Therefore, an amendment to the zoning by-law is not required to facilitate this application. Through the site plan review process two variances arose that were needed to accommodate the new building (D13-(01-02)-08 (2003839 Ont). A variance for building height was necessary to achieve urban design objectives for Commercial Centres and thereby enhancing the Yonge Street facade. Another variance for a reduced rear yard setback to accommodate the canopy over the receiving area was needed which would assist in screening this area and the store's receiving operations from adjacent properties. These applications were approved by the Committee of Adjustment on January 17, 2008 subject to the approval of the site plan application. PROPOSAL Site Plan The subject application seeks to replace the existing Shoppers Drug Mart building with a new updated and larger building. Details of the proposal include (see Figures 2 & 3): • A 2 storey building with a Gross Floor Area of 1592.8m2 (17,145.31 ft2); and, • A temporary building of approximately 3089 ft2 will remain and will be used for a temporary pharmacy while the new building is constructed; In addition, staff have required the following enhancements to the overall site including: • increased/enhanced landscaping along the Yonge Street frontage; • pedestrian connection from the site to Yonge Street; • installation of masonry columns and wrought iron fencing to provide connectivity of the site as well as increase its presence along Yonge Street; • the use of historic pictures of Aurora along the "lifestyle wall" of the building (facing Edward Street); and, • upgraded building materials (i.e. combination of stone, stucco and brick) -79- General Committee - February 5, 2008 February 5, 2008 - 3 - Report No. PL08.007 COMMENTS Department Comments Urban Design The proposed development has been peer reviewed by Williams & Stewart Architects from an urban design and architectural perspective. Sensitivity to the Yonge Street fagade and building design reflective of the downtown area were incorporated into the architecture as well as the siting of the building as close to Yonge Street as possible. As noted above, a common feature of the new Shoppers Drug Mart buildings are "lifestyle walls" that have pictures on it. In this instance given the location of the building in the Town's Downtown area and to personalize the building in the Town, the exterior wall facing Edward Street will have Town of Aurora heritage pictures displayed. Public Works Comments from the Public Works Department indicate that there are minor technical issues regarding servicing, grading, and storm water management that will be resolved through the remaining site plan review process. Building Department The Building. Department has identified that there will be a temporary parking deficiency between the opening of the new store and the demolition of the temporary pharmacy. To address this deficiency, a minor variance will. be required. This variance for parking will not permanently reduce the parking required on this site rather will only allow a deficiency for a temporary period (i.e. the time that will be needed to demolish and restore the area of the site needed for additional parking). To further ensure that this is a temporary situation during the opening of the new store and the demolition of the temporary building, Staff will require the Owner to enter into an agreement with the Town to ensure the demolition of the temporary pharmacy and post appropriate securities for this. Leisure Services Comments from the Leisure Services indicate that there are minor technical issues that will be resolved through the remaining site plan review process. Staff have requested additional planting along the Yonge Street frontage, along the easterly lot line and along the western store front to soften the fagade of the building. External Agency Comments The subject application was circulated to Powerstream and Central York Fire services. Both agencies had no objection to the proposed development. - 80 . General Committee - February 5, 2008 February 5, 2008 - 4 - Report No. PL08-007 SERVICING ALLOCATION Not applicable. OPTIONS The site plan application could proceed with a report to Council for approval and authorization for the Mayor and Clerk to execute the site plan agreement. Alternatively, in accordance with Council policy, Council has the option of authorizing the Director of Planning and Development Services to execute the site plan agreement subject to the resolution of all outstanding issues and receipt of the appropriate fees and securities. Staff are satisfied that all remaining issues can be adequately addressed through the remaining site plan review process. Given the applicant's desire to proceed expeditiously with the proposal, Staff recommends that Council authorize the Director of Planning and Development Services to execute a site plan agreement subject to the resolution of all outstanding site development issues. FINANCIAL IMPLICATIONS Fees and service charges will be payable upon.execution of the Site Plan Agreement. Development Charges will be payable on the issuance of building permit. Cash -in -lieu of parkland will be payable to the Town. LINK TO STRATEGIC PLAN The subject proposal meets. the Strategic Plan's objective of supporting the growth of a variety of businesses to encourage a sustainable business environment. PROVINCIAL POLICY STATEMENT The subject application is consistent with the policies of the Provincial Policy Statement.. CONCLUSIONS The subject application can be dealt with most expeditiously at the Staff level. Accordingly, it is recommended that the subject application be delegated to. the Director of Planning and Development Services to execute a site plan agreement between the Owner and the Town of Aurora, to permit the construction of the new Shoppers Drug Mart building on the subject site. ATTACHMENTS Figure 1 - Location Plan Figure 2 - Proposed Site Plan (interim plan with temporary pharmacy) Figure 3 — Proposed Site Plan (final plan w/o temporary pharmacy) Figure 4 - Proposed Building Elevations - 81 - General Committee - February 5, 2008 February 5, 2008 .5- Report No. PL08-007 PRE -SUBMISSION REVIEW Management Team Meeting — January 23, 2008 Prepared by. Deborah Glannetta, Planner Extension 4347 ..P., R.P.P. ohn S. Rogers )r of Planning and C.A.D. Services -82- General Committee - February 5, 2008 r �aapUa b pM8 eanej V 04 ro a m 0 N h N j N rram^^ vl G C C 9 � a � CD w 0 �3�N1S 3JNpA L 0 cu L 2 Q J a Q a m o Z M 7 a^Vs ole H Q ICw L � 0 gQ o W ca JJ�O0.7 Q' U. U- -83- General Committee - February 5, 2008 a 11 I � � R I �m-nss xrd �+na (1'tl 8a00-9>9N utl as l L R°W_�� a g y a_�LLg g$ � 6f ;� 'AVM3NN0 AYMiNtlO 4 �xus�ze i000-ors[o rvia anusza n 3 133tlISLS 30Nc�1•••� o� 19981S 3JNOA _ Jz_�z k'x�w�m �KW�y 0 2 m M Z W ¢bzaa� m� w zzm<Zo� M General Committee - February 5, 2008 �. a 0 � m N y � O G2t-tlt9 NVIa � lWC 0 G 1Pl v¢ RouM gj 'C@i M du"I I M1 3 ON 01; ,t{ 3 1 d�o Eu� 45 S )� ndiir" C �gl62 I Q i {j1' s (a 0 II a i°ua } • k i OxwV Nx•n !6 � p y . inrh»v •fie mxarn ,_� nrss �r _w, Z �� w.muxa Imupwwop y..... z AtlM3'W10 AtlN3ntl0 g ONIIST3 4t) IW09S9F4 NY 41N.BFtB �' F z j 133L15 39Nf� O .L33tI1S 30N0A a Z � O GM W Colo, � O ON Ovo� :3 �a�C7 [L a -j -85. General Committee - February 5, 2008 III o - f-si1 m yr II I ro i!i e N Y 1 4 0-1 r 0 c g � r a � 4 sx4. ,} }Yf •F ry ro p IN LL mil. /w N ! y i F 1 'y k W z v) Z O 1 tip f l w W 3 J V s, Wrt z A , Mj ��IS• -� — y lh I 9 j N 6 W M O C - O�©� � a- � 9M-v General Committee - February 5, 2008 nr r�F hvt� e'� I fl A SgY, �b � '�a —. TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No.ADM08-001 SUBJECT: Regional Municipality of York Lease Agreement for EMS Services 220 Edward Street (Aurora Fire Hall) FROM: Zella K. Phillips, Assistant Solicitor DATE: February 5, 2008 RECOMMENDATIONS That the Mayor and Clerk be authorized to execute the Lease Agreement with The Regional Municipality of York for lease to the Region's Emergency Medical Services (EMS) for a one-year term of a portion of the building located at 220 Edward Street, in the Town of Aurora, as attached to this Report, BACKGROUND The Town currently provides the Fire Hall located at 220 Edward Street for use by Central York Fire Services and also leases a portion of the building to the Regional Municipality of York for Emergency Medical Services (hereinafter "the Region") for use as an Emergency Medical Services Station. Approval for a new one-year Lease for 2008 is being proposed to allow EMS to continue providing its services to the community from this location. COMMENTS The proposed Lease is a standard format used across the Region of York by the Region and subject municipalities, for all EMS leased locations. The proposed one-year Lease will expire on December 31, 2008 and includes a 3% increase in basic rent from the previous Lease. Aside from the increase in basic rent, the proposed Lease contains the same terms and conditions as the previous Lease with the addition of a new option to extend the Lease for two additional periods of one-year each, with a 3% annual increase in basic rent for each renewal period, The option to extend the Lease is exercisable. by the Region, provided that it has fulfilled all of its obligations under the Lease and has provided sufficient notice in writing to the Town. Central York Fire Services is supportive of the proposed Lease and Leisure Services has confirmed that the Town does not have any short or long term plans for this municipal facility, other than for the provision of Fire and Emergency Services. OPTIONS Approve the Region of York's EMS's request for a new Lease; or Deny the Region of York's request for a new Lease and direct Staff to provide -87- General Committee - February 5, 2008 January 25, 20D8 - 2 - Report No. ADM07-003 applicable notice to the Region to vacate the premises; however, this would have significant adverse public health and safety consequences as the provision of Emergency Services Response by the Region has been provided from this location for quite a number of years. FINANCIAL IMPLICATIONS As a result of the 3% increase in basic rent, the Town will receive monthly lease instalments of $1,517.65 until the end of 2008, for a total of $18,211.84 for 2008 which lease payments are then directed to Central York Fire Services pursuant to the prior 2000 Fire Services Amalgamation Agreement and 2001 Use Agreement made between Newmarket and Aurora. If the Region exercises its option to extend the term of the Lease, then the basic rent will increase by 3% for each additional one-year term. CONCLUSIONS The Region has requested the Town's approval for a new one-year Lease Agreement to allow EMS to remain as Tenant at the Town's Fire Hall located at 220 Edward Street until the end of 2008 under the same terms and conditions as the previous Lease with the exception of the 3% increase in basic rent and a new option to extend the Lease for two additional periods of one-year each, with a three (3) percent annual increase in basic rent for each renewal period. Central York Fire Services is supportive or the proposed Lease. LINK TO STRATEGIC PLAN Goal A: Foster and enhance a strong and stable economy consistent with the attributes of a sustainable community. Goal C: Promote a healthy environment that fosters social and physical well being Objective C2: Enhance and promote public safety ATTACHMENTS Attachment #1 Lease Agreement PRE -SUBMISSION REVIEW Management Team — January 23, 2008 Prepared by. Zella K. Phillips, Assistant Solicitor - Ext. 4758 Zefl6K. Phillips / ohn S. Rogers Assistant Solicitor Chief Administrative Officer -88- General Committee - February 5, 2008 ATTACHMENT NO. 1 THIS LEASE (GROSS RENT) MADE as of the Ist day of January, 2008. BETWEEN: THE CORPORATION OF THE TOWN OF AURORA (the "Landlord") - and - THE REGIONAL MUNICIPALITY OF YORK (the "Tenant") IN CONSIDERATION OF the rents, covenants and agreements hereinafter contained, the parties hereby agree as follows: 1. LEASE SUMMARY The following is a summary of some of the basic terms of this Lease, which are elaborated upon in the balance of this Lease. (a) Building: Having the municipal address of 220 Edward Street, Amom, Ontario and having the legal description set out in Schedule "A" to this Lease. (b) Property: Building and lands as described in Schedule "A" and including all improvements thereon or thereto. (c) Premises: The premises leased to the Tenant as outlined in blue on the sketch in Schedule `B" to this Lease. (d) Rental Area of the Premises: Approximately 2,037 square feet. (e) Term: One (1) year. (f) Commencement Date: January 1, 2008, (g) Expiry Date: December 31, 2008. (h) Option To Extend: Two (2) additional periods for a one (1) year duration each, with a three percent (3%) annual increment thereafter, payable on the I" day of January in each year of the Term for the succeeding period, upon the same terms and conditions as are contained in the Lease, exercisable upon notice of at least one (1) month but not earlier than six (6) months before the end of the Term of the Lease. (i) Basic Rent: As out in Section 5 of this Lease. (j) Additional Rent: As specifically provided in this Lease. (k) Penttitted Uses of Premises: Emergency Medical Services only. (1) Address for Service of Notice on Tenant: The Regional Municipality of York - 17250 Yonge Street Newmarket, ON L3Y 6ZI Attention: Director, Property Services Branch Corporate Services Department Fax: (905)836.0299 -89- General Committee - February 5, 2008 -2- (m) Address for Service of Notice on Landlord: The Corporation of the Town of Aurora I Municipal Drive, Box 1000 Aurora, ON L4G 6Jl Attention: Director, Corporate Services Fax: (905) 841-3483 2. PREMISES The Landlord does demise and lease to the Tenant the premises (the "Premises) located in a building (the `Building") and lands municipally known as 220 Edward Street, Aurora, Ontario, more particularly described in Schedule "A" attached hereto (the "Property"). The Premises comprise approximately TWO THOUSAND AND THIRTY-SEVEN SQUARE FEET (2,037) of Rentable Area, in the approximate location shown outlined in blue on the sketch attached hereto as Schedule "B". 3. TERM The term (the "Term") of this Lease shall be for a period of one (1) year, commencing on the 1st day of January, 2008 (the "Commencement Date") and expiring on the 31st day of December, 2008, Provided the Tenant is not in default hereunder prior to giving notice hereinafter described, has consistently paid Rent to the Landlord in a timely fashion during the Term of the Lease and has consistently fulfilled all of its obligations under the Lease throughout the Term, then the Tenant may, by notice in writing to the Landlord at least one (1) month but not earlier than six (6) mouths before the end of the Term of the Lease, extend the Term of the Lease for two (2) additional periods, for a one (1) year duration each, with a three percent (3%) annual increment thereafter, payable on the I" day of January in each year of the Term for the succeeding period, upon the same terms and conditions as are contained in the Lease. If the Commencement Date occurs on a dale other than the first day of a calendar month, then the Basic Rent and other charges shall be pro -rated and paid in advance to the end of that month and, thereafter, the Basic Rent and other charges shall be paid, in advance, on the first day of each and every calendar month throughout die Term. 4, POSSESSION As at the date hereof, the Tenant is occupying the Premises. 5. BASIC RENT The Tenant Hereby covenants to pay to the Landlord basic rent ("Basic Rent") payable in equal monthly iristalmeats, plus GST, as follows: _ Term Basic Rent (Annual) Monthly Instalments January I, 2008 to December 31, 2008 1 $18,211.84 $1,517.65 It is the intention of the parties that this Lease is to be interpreted as a fully gross lease and not a semi -gross lease or a net lease. The Tenant shall be responsible for only expenses and/or obligationsin respect of, or attributable to, the Premises, as herein expressly provided. The Landlord shall, except as otherwise expressly stipulated herein, be responsible for all charges, expenses, payments and costs of every nature and kind whatsoever incurred in respect of or relating to the Building, structures and equipment including, without limitation, all charges for heat, hydro (electricity), water, sewage, building insurance which the Landlord -90- General Committee - February 5, 2008 3- obtains, property management services, maintenance and repairs, and all municipal and other real property taxes related to the Property, DEPOSIT The Landlord acknowledges there is no deposit or last month's rem applicable to this Lease. 7. POST-DATED CHEQUES The Landlord acknowledges that the provision of post-dated cheques is not applicable to this Lease. MAINTENANCE AND REPAIRS 1) The Tenant shall maintain and repair to the standards of a prudent tenant the Premises at its own expense and keep them in a clean and sanitary condition in accordance with all laws, directions, rules and regulations of the authorities having jurisdiction. The Tenant shall be responsible for snow ploughing the Property and the costs thereof. 2) If the Landlord is advised of an issue that is the Landlord's responsibility to remedy or rectify under this Lease, 'and where it is a health and safety issue or impeding operational requirements, and corrective action is not taken within seven (7) business days, then the Tenant will undertake any means necessary to correct the deficiency and invoice the Landlord for all costs incurred, plus a 5% administration fee. 3) Property Services Branch staff of the Tenant shall be granted fair mid reasonable access to inspect or carry out necessary repairs as required under subsection 2 herein, 4) The Tenant, at its option, in conjunction with its Property Services Branch staff, shall be entitled to complete a fill inspection semi-annually of the Building to ensure the Building and Premises me in compliance with all rules and regulations of the authorities having,jurisdnetion. . 5) The Landlord shall be responsible for all major building components of the Building, including but not limited to routine maintenance, repairs and/or replacement therefor, save and except that the Tenant shall be responsible for preventative maintenance, repair and/or replacement of any bay doors dedicated to EMS vehicles, including conducting of semi-annual inspections of bay doors. 6) The Landlord may enter the Premises to view the state of repair. Where an inspection reveals repairs are necessary and required by the Lease to be done by the Tenant, the Landlord shall give the Tenmit notice..The Tenant shall, within fifteen (15) days from delivery of the -notice, make, or continence making and diligently proceed to complete the repairs in a good and workmanlike rummer. fit addition to any other provision of this Lease, the Landlord may enter the Premises and perform any repairs, which the Tenant has failed to make under this Section 8. 9. ALTERATIONS The Tenant will not make, install or erect in or to the Premises any installations, alterations, additions or partitions without first submitting the drawings and specifications to the Landlord and obtaining the Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld. All such installations, alterations, additions, changes and work performed by or for the Tenant shall conform to all building by-laws and shall conform to all federal, provincial and municipal rules and regulations, if any, then in force affecting the Premises and/or the Building. Such installations, alterations, additions, changes and work performed by or for the Tenant shall be completed in a good and workmanlike manner. ' General Committee - February 5, 2008 -4- The registration of any "Claim for Lien" under the provisions of the Construction Lien Act or s(rcoessor legislation thereto against either the Premises or the Property as a result of work done on behalf of the Tenant shall be deemed to constitute a breach or default by the Tenant of its obligations under this Lease unless the Tenant has discharged the lien or caused the lien to be withdrawn within fifteen (15) days of written notice from the Landlord to the Tenant to so discharge the lien or make other arrangements satisfactory to the Landlord in this regard. . 10. MAINTENANCE OF SERVICES The Landlord shall have the right to use, install, maintain and repair pipes, wires, ducts and other installations in, under or through the walls, ceiling and floors of the Premises for or in connection with the supply of any services or utilities to the Premises or to any part of the Building and the right to do such work in the Premises as the Landlord may deem necessary to preserve or protect the Premises or (fie Building. The landlord shall be entitled to enter or authorize any other person to enter the Premises for these purposes, on giving reasonable notice to the Tenant except in the case of an emergency when the Landlord may, without notice, enter the Premises for the purpose of performing the work. 11. LANDLORD'S RECOVERY If the Landlord performs any repairs or maintenance, or does any other work, or pays any sum of money due or payable by the Tenant, either at the request of the Tenant, or by reason of any default by the Tenant in performance of its covenants, the Tenant shall repay to the Landlord on demand, as additional rent ("Additional Rent"), the cost of performing such repairs and maintenance or work or the amount paid by the Landlord on the Tenant's behalf, together with the Landlord's management fee of 5% of such amount. 12. WASTE The Tenant shall not door suffer any waste or damage to the Premises or the Landlord's leasehold improvements and equipment in or serving the Premises. The Tenant's trade fixtures and equipment remain the responsibility of the Tenant. No part of the Premises shall be used for any dangerous, noxious or offensive trade or business. The Tenant shall not do anything or knowingly permit anything to be brought on the Premises, which the Landlord may reasonably deem to be a nuisance. The Tenant shall take every reasonable precaution to protect the Premises and the Building from danger of fire, water damage or the elements. The Tenant shall not allow any ashes, refuse, garbage or other loose objectionable material to accumulate in, on -or about the Premises or the Building and will at all times keep them in a clean and wholesome condition. The Tenant shall not carry on any business or operation or knowingly permit anything to be done on the Premises which contravenes any provision of the Environmental Protection Act, its amending or successor legislation, and shall not discharge any pollutant or contaminant into the natural environment, as those terms are defined in the Environmental Protection Act. 13. COMPLY WITH ALL LAWS The Tenant shall comply promptly with and conform to the requirements of all applicable statutes, laws, by-laws, regulations, ordinances and orders in force at any time during the Term and affecting the condition, equipment, maintenance, use or occupation of the Premises and with every applicable regulation, order and requirement of the Canadian Fire Underwriter's Association, Insurance Advisory Organization, or any body having similar functions, or of liability or fire insurance company by which the Landlord and the Tenant, or either of them, may be insured at any time during the Term. If the Tenant defaults under any provision of this Section 13, the Landlord may perform the Tenant's obligation and the Tenant will pay all costs and expenses incurred, on demand, as Rent. 14. USE AND OPERATION The Premises shall be used and occupied only for the purposes of an Emergency Medical Services Station and for no other purposes whatsoever. The Tenant shall satisfy itself that the III'J"M General Committee - February 5, 2008 5- use permitted above is in compliance with all applicable, zoning and use by-laws and restrictions affecting the Premises. 15, RIGHT TO SHOW PREMISES It is understood and agreed that the right to show the Premises is not applicable to this Lease. 16. TENANT'S INDEMNITY OF LANDLORD The Tenant will indemnify and save the Landlord harmless of and from all claims, actions, costs and loss of every nature which the Landlord shall become liable for or suffer by reason of any breach, violation or non-performance by the Tenant of any covenant, term or provision of this Lease or by reason of any injury or death resulting from, occasioned to or suffered by any person or persons or any property by reason of any act,.neglect or default on the part of the Tenant or any of, its agents or employees. Notwithstanding the foregoing, the Landlord expressly acknowledges that the Tenant's indemnity shall not apply, and the Landlord shall be responsible for, any damage to the Property and/or any injury to any person or persons (including death resulting from the injury) caused by the act, neglect or default on the part of the Landlord or anyone for whom the Landlord is responsible at law or arising out of the Landlord's breach of or non-performance with a covenant, term or provision of this Lease (and the Landlord covenants to indemnify and save harmless the Tenant from all claims, actions, costs and loss of every nature arising with respect thereto, including all reasonable costs, reasonable counsel fees, expenses and liabilities which the Tenant may incur with respect to any claim made against it.) Notwithstanding any other provision of this Lease, this indemnification shall survive termination of the Lease, with respect to any matter referred to in this Section 16 which occurs during the Term. 17, SIGNS The Tenant shall not paint, affix, display or cause to be painted, affixed or displayed, any sign, picture, advertisement, notice, lettering or direction on any part of the exterior of the Premises or the Property or on any part of the interior of the Premises, which is visible from the exterior of the Building without, in each instance first obtaining the written approval of the Landlord, which approval, shall not be urueasonably withheld. If the Tenant affixes such sign without the Landlord's consent and the Landlord objects to any such item being so painted, affixed or displayed, the Tenant shall immediately remove such item at the Tenant's expense, failing which the Tenant agrees that the Landlord may, without liability on the Landlord's part and without notice to the Tenant, enter the Premises and remove such item at the Tenant's expense. 18. QUIET ENJOYMENT Provided the Tenant pays all Basic Rent and Additional Rent under this Lease and performs all of the Tenant's covenants contained in this Lease, the Tenant shall have quiet enjoyment of the Premises free from any hindrance by the Landlord or anyone claiming by or through the Landlord. - 19. FIXTURES The Tenant, when not is default, may remove its trade fixtures at the end of the Term. All installations, alterations, additions, partitions, and improvements, whether placed there by the Tenant or the Landlord, shall be the Landlord's property on termination of this Lease without compensation to the Tenant and shall not be removed from the Premises at.my time either during or after the Term. It is understood and agreed that ambulances, the equipment required to operate the ambulances, telecommunication equipment, vehicle disinfectant and washing equipment, furniture, lockers, supplies and chattels are not to be considered trade fixtures within the context and meaning of this Lease, and shall be and remain the sole property of the Tenant. ?D. ASSIGNMENT AND SUBLFTfING The Tenant shall not assign this Lease without the express written consent of the Landlord, which consent may not be unreasonably withheld. -93- General Committee - February 5, 2008 4 21. TENANT'S INSURANCF During the whole of the Term, the Tenant shall at its expense: 1) insure the Tenant's interest in the Premises, and property of every description included in the Tenant's leasehold improvements, including all leased and specially contracted equipment used solely for the Tenant's purposes, in a stated amount for not less than .ninety percent (90%) of its full replacement cost against all risk of loss or damage covered under an "all risks" policy of insurance; 2) maintain public liability and property. damage insurance, including personal injury liability, contractual liability, employer's liability and owners' and contractors' protective broad form property damage occurrence insurance coverage with respect to the Premises and their use by the .Tenant, coverage to include the activities and operation conducted by the Tenant and any other person performing work on behalf of the Tenant and those for whom the Tenant is in law responsible in any part of the Premises including, without limitation, non -owned automobiles. Such policies shall; i), be written on a comprehensive basis with inclusive limits of not less than $5,000,000 for. bodily injury to any one or more persons or property damage; and Si) contain a severability of interests clause and cross liability clause. All contracts of insurance placed by the Tenant shall name the Landlord as an additional insured. Upon request, the Tenant shall furnish the Landlord with certificates of insurance of the underwriting insurance company. No review or approval of any such insurance documentation by the Landlord shall derogate from or diminish the Landlord's rights or the Tenant's obligations under this Lease. 22. LANDLORD'S REMEDIES If the Tenant defaults in the payment of Basic Rent or Additional Rent as and when due, and fails to remedy same within five (5) days following receipt of written notice of such default, the Landlord shall have the right to terminate the Lease. If the Tenant becomes bankrupt or insolvent, or defaults under any of its other obligations under the Lease and fails to remedy same within fifteen (15) days following receipt of written notice of such default, or such longer period of time as may be reasonable given the nature of the default, then the Landlord shall have the right to terminate this Lease, or to remedy such default at the Tenant's expense. The foregoing remedies shall be in addition to and without in any way fini ting or affecting any other rights and remedies of the Landlord under this Lease, at law or in equity. All amounts payable by the Tenant pursuant to this Lease shall bear interest from the due date until the date of payment at a rate equal to the prime rate of interest charged by T-D Canada Trust as at the due date. 23. DESTRUCTION OR DAMAGE OF PREMISES If, during the Term, the Premises are (a) totally destroyed by fire or any such other perils as may from time to time be included in the standard fire insurance additional perils supplementary contract generally available in the Province of Ontario, so that the Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such event, then the Lease shall cease from the date of such damage or destruction, and the Tenant shall immediately surrender the Premises and all of its interest therein to the Landlord, and the Tenant shall pay Rent only to the time of such surrender and any prepaid Rent shall be returned to the Tenant and in ease of destruction or partial destruction as abovementioned, the Landlord may re-enter or repossess the Premises and may remove all parties therefrom; -94- General Committee - February 5, 2008 •7- (b) destroyed or damaged or partially destroyed or damaged by fire or anysuch other perils as may from time to time be included in the standard fire insurance additional perils supplementary contract generally available in the Province of Ontario, and can be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such event, and if the damage is such as to render the Premises wholly unfit for occupancy, then the Rent shall not run or accrue after the said event, or while the process of repairs is ongoing, and the Landlord shall repair the same with all reasonable speed and then the Rent shall recommence immediately after the repairs have been completed; (c) partially destroyed or damaged by fire or any such other perils as may from time to time be included in the standard fire insurance additional perils supplementary contract generally available in the Province of Ontario, and can be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such event, and if the damage is such that the premises can be partially used, then until such damage shall have been repaired, the Rent shall abate in proportion that the part of the Premises rendered unfit for occupancy bears to thewhole of the Premises and the Landlord shall repair with all reasonable speed. 24. EXPROPRIATION If at any time during the Term, by exercise by any competent authority of powers of expropriation, condemnation or eminent domain, title is taken to the whole or any portion of the Building, the Landlord may at its sole option within sixty (60) days of receiving notice that title has been so taken give to the Tenant at least thirty (30) days notice of termination of this Lease. Upon such termination, neither the Landlord nor the Tenant shall have any claim on the other with respect to any such expropriation or taking, but both parties shall be free to separately pursue their claims for compensation for the loss of their respective interests in the Premises and shall be entitled to receive and retain such compensation as may be awarded or, paid to them respectively and agree to co-operate with each other in pursuing their respective claims. If an award of compensation made to the Landlord specifically Includes an award for the Tenant, the Landlord will remit to the Tenant the portion awarded for it. 25. NOTICE All notices, statements, demands, requests or other instruments which may be or are required to be given under this Lease shall be in writing and shall be delivered in person or sent by facsimile or prepaid. registered mail addressed to the Tenant and the Landlord to the addresses as set out in subsections (1) and (m) respectively in Section 1, or such other addresses as the Tenant and the Landlord may from time to time, designate. All such notices shall be conclusively deemed to have been given and received upon the day the same is personally delivered or, if mailed or sent by facsimile as aforesaid, three (3) business days after the same is mailed or faxed, as the case may be. Either party may at any time by notice in writing to the other party change its address for service of notice purposes. If two or more persons are named as Tenant, any notice given hereunder shall be sufficiently given if delivered or mailed or faxed in the foregoing manner to any one of such persons. Notice given by facsimile in accordance with the terms of this Section will be deemed to be received only upon the sender's receipt of a transmission report generated by the sender's facsimile machine, which confirms that the facsimile was successfully transmitted in its entirety. If the postal service is interrupted, or threatened to be interrupted, or is substantially delayed, any notice given hereunder shall only be delivered personally, or sent by facsimile transmission. 26. SUBORDINATION AND ATTORNMENT The rights of the Tenant shall at all times be subordinate to any and all mortgages, trust deeds or other instruments of any financing, refinancing or collateral financing and any renewals or extensions thereof at any time in existence against die Property or any part of it. Upon request at any time, the Tenant shall subordinate all of its rights in such form as the Landlord requires to any and all holders of encumbrances and to the Landlord and the registered owners of the Property or any pant thereof. -95- General Committee - February 5, 2008 -8- If the Tenant, within sixteen (16) weeks after request, fails to execute and deliver the instruments to give effect to the foregoing, the Tenant irrevocably appoints the Landlord as the Tenant's attorney with full power and authority to execute and deliver any such instruments in the name of the Tenant. 27. MONTHLY TENANCY If the Tenant continues to occupy the Premises after the expiration of the Term, with the consent of the Landlord and without any renewal or further written agreement, the Tenant will be a monthly tenant at a monthly rate equal to the monthly instalment of Basic Rent payable during the last month of the Term, subject to the right of either party to terminate the monthly tenancy on sixty (60) days prior written notice. Rent will be payable in advance on the first day of each and every month of the tenancy and the monthly tenancy will be on the terms and conditions and subject to all other charges and amounts payable under this Lease, except as to length of tenancy. 28. CORPORATE TENANCY The Tenant warrants that it has the corporate power and capacity to enter into this Lease and to effect the matters contemplated and that this Lease has been duly authorized, executed and delivered to the Landlord and constitutes a valid and binding obligation of the Tenant. 29. SCHEDULES Schedules "A" and "B" are attached hereto and shall form part of this Lease. . 30. ENTIRE AGREEMENT This Lease contains the whole agreement and sets forth all representations between the Landlord and the Tenant concerning the Premises and the Property. There are no representations, either oral or written, between them other than those in this Lease. 31. TIME OF THE ESSENCE Time is of the essence of this Lease. 32. APPLICABLE LAW This Lease shall be governed by and interpreted in accordance with the laws of the Province of Ontario. The parties agree that the Courts of Ontario shall have jurisdiction to determine any matters arising hereunder. 33. SFVERABILITY If any provision of this Lease is illegal, unenforceable or invalid, it shall be considered separate and severable and all the remainder of this Lease shall remain in full force and effect as though such provision had not been included in this Lease but such provision shall nonetheless continue to be enforceable to the extent permitted by taw. 34, NO PARTNERSHIP OR AGENCY The Landlord does not in any way or for any purpose become a partner of the Tenant in the conduct of its business, or otherwise, or a joint venturer or a member of ajoint enterprise with the Tenant, nor is the relationship of principal and agent created. 35. SECTION NUMBERS AND HEADINGS The section numbers and headings of this Lease are inserted for convenience only and shall in no way limit or affect the interpretation of this Lease. References in this Lease to section numbers refer to the applicable section of this Lease, unless a statute or other document is specifically referred to. -96- General Committee - February 5, 2008 36. INTERPRETATION Whenever a word importing the singular or plural is used in this Lease, such word shall include theplural and singular respectively. Where any party is comprised of more than one entity, the obligations of each of such entities shall be joint and several. Words importing persons of either gender and firms or corporations shall include persons of the other gender and firms or corporations as applicable. Subject to the express provisions contained in this Lease, words such as "hereof", "herein", "hereby", "hereafter" and "hereunder" and all similar words or expressions shall refer to this Lease as a whole and not to any particular section or portion hereof. 37. , SUCCESSORS AND ASSIGNS This Lease shall enure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, administrators, successors, assigns and other legal representatives except only that this Lease shall not enure to the benefit of any of such patties unless and only to the extent expressly permitted pursuant to the provisions of this Lease. 38. FREEDOM OF INFORMATION The Landlord acknowledges and agrees that the commercial and financial information in this Lease is subject to the Municipal Freedom of Information and Protection of Privacy Act, as amended. IN WITNESS WHEREOF the Landlord and the Tenant have signed and sealed this Lease. Authorized by Clause _ of Report No._ of lie Finance and Adaninisetsion Combines as adopted by Regional Council at its meeting held on the day of January, 2008. YORK415JM38-v4-EMS Aumm.nOC THE CORPORATION OF THE TOWN OF AURORA Per: Name Title: Per: Nemt Title: We have authority to bind the Corporation. THE REGIONAL MUNICIPALITY OF YORK Per: Per: Name: Rill Fisch Title: Regional Chair Name: Denis Kelly Title: Regional Clerk We have authority to bind the Corporation. -97- General Committee - February 5, 2008 SCHEDULE"A" DESCRIPTION OF THE PROPERTY The Property The Property is legally described in PIN 03646-0060, more particularly designated as Part 19 on Registrar's Compiled Plan 10328, in the Town of Aurora, in the Regional Municipality of York. -98- General Committee - February 5, 2008 SCHEDULE °BJ' SKETCH OF THE PREMISES (attached) General Committee - February 5, 2008 x ^ TOWN OF AURORA AURORA GENERAL COMMITTEE/COUNCIL REPORT No.PWO"05 SUBJECT: Award of Tender No. PW2007-125 —Water Service Box Vacuum Repair and Cathodic Protection of Watermains within the Town of Aurora. FROM: Peter Horvath, Manager of Operations Services DATE: February 5, 2008 RECOMMENDATIONS THAT Tender No. PW2007-125, "Water Service Box Vacuum Repair and Cathodic Protection of Watermains within the Town of Aurora", be awarded to Nu -Con Contracting for a one year contract with options to renew for a further two one-year periods; THAT Council approve the expenditure of the budgeted amounts of $80,000 from 2007 and $80,000 from 2008 on these projects; and THAT Council authorize the Mayor and Clerk to sign the Form of Agreement to execute the subject contract. BACKGROUND As part of the Public Works Operations Division standard waterworks maintenance and rehabilitation practices, a number of ongoing maintenance and rehabilitation programs are undertaken to increase asset lifespans and maintain security of the services that provide safe drinking water to our customers. Two of these programs are Water Service Box Vacuum Rehabilitation/Repair and Cathodic Protection of Watermains. As the current contracts for the provision of these services are up, anew contract must be entered into to allow for the continuation of these programs. The intent of this report is to seek Council authorization for the awarding of a new contract for these services. 1. Water Service Box Rehabilitation The continuous and proper operation of the valve located on a water service at the property line is vital so as to ensure that in the event of an emergency, water can be quickly turned off to prevent flooding damage. This then allows residents to perform maintenance on the private side plumbing. 2. Cathodic Protection of Watermains Cathodic protection is a reliable and cost effective method of minimizing the effects of external corrosion on the water distribution systems. This program involves applying -100- General Committee - February 5, 2008 February 5, 2008 - 2 - Report No. PW08-005 sacrificial anodes (the cathodic protection device) to existing ductile iron watermains. The anode rusts instead of the watermain which extends the system life, reduces disruptions due to watermain breaks and provides an overall safer drinking water system. As the anodes are "sacrificial" they need to be replaced periodically so as to provide continuous protection to the watermain they are attached to. This section of the tender also includes a cost for the contractor to provide watermain location services, Watermains and/or water services must be located as part of many construction projects. This service is normally provided by Town waterworks staff, but during busy periods there are often more requests for locates than can be accommodated by our staff, resulting in the need to have a contractor perform some of this work. COMMENTS Tender No. PW2007-125 is comprised of two parts; Part "A"- Water Service box Valve Repairs and Part "B" - Cathodic Protection of Watermains. Tender Results Tenders were received by the Town on December 6, 2007 for the water service box vacuum repair and the cathodic protection of watermains with.the following results: Tenderer 1. Nu —Con Contracting 2. Trisan Construction 3. C.P. Systems 4. Sam Rabito Construction Ltd. Tender Bid/Year $47,250.00 $77,575.00 $81,000.00 $163,500.00 The tender was issued by the Town's Financial Services Department and advertised according to the requirements of the Town's standard purchasing procedures. Part "A" —Water Service Box Valve Repairs Based on Nu -Con Contracting bid for this portion of the contract, which was the lowest of the four bids, the yearly cost for service box repair rehabilitation is as follows: Description Quantity Costs Vacuum excavate water service boxes and replace with 150 service boxes $21,750.00 operating mechanism - 101 - General Committee - February 5, 2008 February 5, 2008 - 3 - Report No. PW08-005 It is noted in the contract that the contract shall expire on November 22, 2008, with the option for the Town to renew for a further two one-year periods should all terms and conditions be agreeable to all parties. The hourly and unit rates, however, will be fixed during the time of this agreement. Any extensions of the contract are subject to final Council approval of each respective year's Capital Budget. That is, even though the contract and terms may be agreed to by each party, the work at the start of each subsequent year can only be approved by final budget approvals, which includes the works scheduled for 2008. Part °B" - Cathodic Protection of Watermains The yearly cost for watermain locates and cathodic protection based on the Nu -Con Contracting bid is detailed below: Description Quantity Costs Watermain & Service Locates 25 Locates $500.00 Installation of Cathodic Protection 100 Installations $25,000.00 TOTAL $25,500.00 The prices above for the watermain and service locates was lower than two of the other bids, and the same as the other bidder. In addition, the Nu -Con Contracting bid for cathodic protection installations was the lowest of the four bidders. As also noted previously, this portion of the contract also expires on November 22, 2008 with the option for the Town to renew for a further two one-year periods should all terms, budget approvals and conditions be agreeable to all parties. The hourly and unit rates, however, will be fixed during the time of this agreement. OPTIONS 1. Council can adopt the Recommendations as set out in this Report. 2. Council can decide not to award this tender FINANCIAL IMPLICATIONS Funds in the amount of $250,000 were approved as part of the 2007 Capital Budget for these types of waterworks -related maintenance activities. However, due to scheduling and staffing challenges, plus last year's shortened window of approved spending of funds, the planned works did not occur. Under the 2007 Capital Project. No. 43030, the proportion of funding of the various waterworks maintenance activities were as noted below: -102- General Committee - February 5, 2008 February 5, 2008 - 4 - Report No. PW08-005 1. Water Service Box vacuum repairs $40,000 2. Cathodic Protection of Watermains $40,000 3. Mainline Valve Turning $70,000. 4. Water Swabbing and Cleaning $100,000 The funding for the works carried out under this contract for 2008 are proposed to be the carry-over funding from the 2007 Capital Budget, as well as the to -be -approved 2008 funding for these activities. As shown above, $80,000 had been allocated in the approved 2007 Capital Budget for the activities under this tender. It is further noted that these types of unit -priced contracts enable the Town to determine the quantity of work items to assign to the contractor. The volume of work items under the contract can now be adjusted upwards to accommodate the maximum upset limit of $80,000 for 2007 for the project resulting in a higher quantity of repair works being completed while still remaining under budget. In addition to the approved 2007 funding, this program has again been presented as a standard annual activity as part of the 2008 Capital Budget currently being considered by Council. Staff has again included these projects, to a maximum value of $80,000, in the Budget calculations. Upon Council approval of the 2008 Capital Budget, it is proposed to continue the work under this contract in 2008 to the maximum amount of $80,000 allocated to these works in this Budget. CONCLUSIONS A tender has been issued for the water service box vacuum repairs and cathodic protection of watermains. The lowest. responsive bidder is Nu -Con Contracting, a company that has throughout the, years provided the Town with other construction related services in an excellent and professional workmanship manner. Funding in the amount of $80,000 has been carried -over from 2007 for this work and funding of $80,000 has also been included in the proposed 2008 Capital Budget for these activities. Given the lower than expected costs in the Nu -Con Contracting bid, more work than originally anticipated will be able to be carried out. LINK TO STRATEGIC PLAN Goal C: Promote a healthy environment that fosters social and physical well being Objective D1: Continue the commitment of fiscal responsibility and accountability Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making -103- General Committee - February 5, 2008 February 5, 2008 - 5 - Report No. PW08-006 ATTACHMENT • Appendix "A" -Form of Agreement for Water Service Box Vacuum Repair and Cathodic Protection of Watermains Contract. PRE -SUBMISSION REVIEW Management Team Meeting — January 23, 2008. Prepared by: Erwin Molnar, Operations Technician, Ext. 3441 *k- P. HoiVath Manager of Operations Services Rogers ChiefAdministrative Officer -104- General Committee - February 5, 2008 APPENDIX "A" THE CORPORATION OFTHE TOWN OFAURORA PURIIO WORKS TENDER # PW2007.125 DATE ISSUED:. NOVEMBER 23,. 2007 CLOSING DATE: 12,00:00 NOON, LOCAL TIME, DECEMBER 6, 2007 _ FORM OF AGREEMENT THIS AGREEMENT made. (in triplicate) this 1v day of % PFn /Je,- AD 2007 BETWEEN: The Corporation of the Town of Aurora hereinafter called the "OWNER" of the First Part and W!;gS U /i'c 14e- s7/fx 41e.-6,1 Bait�iVc' hereinafter called the "CONTRACTOR" of the Second Part WHEREAS the, Bid of the Contractor respecting the construction work, hereinafter referred to anUescribed, as accepted by the Owner- on the - day of i9we-�.m4crz 2007. THF,.REFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants hereinafter contained,, the Parties hereto agree as follows: 1. The Contractor hereby covenants and agrees to provide and supply at the Contractors own expense, all and every kind of labour; appliances, equipment, and materials for, and to undertake and complete in strict accordance with this Bid Document dated December 6.2007 prepared for the Town of Aurora Public Works Department, all of which said Documents are annexed hereto and form part of this agreement to the.same extent as If fully embodied herein at and for the price or sum of $ 17 2 S`o 2. The Contractor further covenants and agrees to undertake and perform the said work in a proper work like manner under the supervision and direction and to the complete satisfaction of the Owner within the period of time specified in the Form of Bid. 3. The Contractor further covenants and agrees that the Contractor will at all times, Indemnify and save harmless the Owner, the Owners officers, servants, and agents from and against all loss or damage, and from and against all actions, suits, claims and demands whatsoever which may be made or brought against the Owner, the Owners officers, servants, and agents by reason or in consequence of the.execution and performance or maintenance of the said work by the Contractor, the Contractor's servants, agents or employees. 4. The Contractor further covenants and agrees to furnish in accordance with the above specification, a Performance Bond In an amount equivalent to one hundred percent (100%) of the 22 -105- General Committee - February 5, 2008 contract price approved by the Owner's Solicitor, guaranteeing the faithful performance of the said work, in accordance with the terms of this Agreement. 5. The Owner hereby covenants arld agrees that if the said work shall be duly and properly executed and materials provided as aforesaid and if the Contractor shall carry ad, perform and observe all of the requirements and conditions of this, agreement, the Owner will pay the Contractor the contract price herein set forth in the Contractor's Bid, such payment or payments to be made in accordance with the provisions of the General Conditions of the Contract referred to above. 6. This agreement and everything herein contained shall ensure to the benefit of and be binding upon the Parties hereto, their successors at+d assigns, respectively. 7. All communications in writing between the parties or between them and the Town shall be deemed to have been received by the addressee if delivered to the Individual or to a member of the bidder or to an officer of the Corporation for whom they are intended or if sent by post, telegram or facsimile addressed as follows: THE OWNER: CORPORATION OF THE TOWN OF AURORA 1 Municipal Drive P.O. Box 1000 Aurora, Ontario L4G 6J1 FAX: 905-841 -7119 THE CONTRACTOR: 764, 5W eA ✓. /• C. F7/4 /%�/ �z'r•+ ��� l"`5 `eG .el. -I Fcrrsf � •�� FAX: IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of their proper officers in that behalf respectively. CONTRACTOR � OWNER i ri . r •JIZW!6) .c �ip,t?z+ ;; Mayor, Phyllis P: Morris Clerk, Bob Pard a, A.tvi.C.T. 23 -106- General Committee - February 5, 2008 t TOWN OF AURORA Au1OitA GENERAL COMMITTEEiCOUNCIL REPORT No.PW08-006 SUBJECT: Municipal Infrastructure Investment Initiative FROM: D. Atkins, Manager of Engineering Services DATE: February 5, 2008 RECOMMENDATIONS THAT Council pick one of the following projects to be submitted to the Province of Ontario for funding under the Municipal Infrastructure Investment Initiative: 1. Project No. 31068 — Reconstruction of Allaura Boulevard; or 2. Project No. 42039 — Retrofit SWM facilities SW-21SW--3 and C-1; THAT Council direct staff to undertake the work required to complete the application for the selected project by the mandated February 15, 2008 deadline; and THAT staff be directed to report further to Council in relation to the selected project as per normal procedures, such as for approval of the award of the construction contract. BACKGROUND On January 14, 2008, the Province of Ontario announced a new funding program called the Municipal Infrastructure Investment Initiative that would provide grantsto municipalities to construct infrastructure -related projects in 2008. Applications are due by February 15, 2008 and the grants are to be announced by March 31, 2008. Grants will be awarded on an "all or nothing" basis; i.e., a municipality will either receive the entire amount applied for, or nothing. As per the Program Guidelines, attached as Appendix "A", a municipality can apply for funding for one `construction -ready" project in a wide variety of infrastructure -related areas. Essentially, any type of municipal infrastructure project, with the exception of public transit, is eligible under this program. COMMENTS Although municipalities can apply for funding for a wide variety of projects, staff suggest that Council decide to apply for one of the major Public Works Department capital projects that is currently "below the line" in the Capital Budget and therefore not likely to be approved as part of the 2008 Capital Budget. These projects, and their current status, are summarized below: -107- General Committee - February 5, 2008 February 5, 2008 - 2 - Report No. PW08-006 1.0 Project No, 31068 — Reconstruction of Allaura Boulevard As Council is aware, this project has been designed in conjunction with the design for the reconstruction of the northern portion of Engelhard Drive, and it had been staff's intention to tender and construct the two projects together. The two projects have now been separated and separate drawing packages and tender documents are being prepared. There are no outside approvals required for this project and it could be tendered quickly. Should Council approve the submission of this project for consideration under the new grant program, staff would propose to tenderthe reconstruction of both roads together, and to do so as soon as possible after the 2008 Capital Budget has been approved. However, the Town would not know the results of the application until after the project had been tendered and, most likely, the contract awarded. For this reason, staff would structure the tender in two parts. The first part, which would have budget approval, would be for the reconstruction of Engelhard Drive. The wording in the tender for the second part, being the reconstruction of Allaura Boulevard, would state that this part of the overall contract would only be awarded if the grant application is successful. The advantages of constructing this project this year is that it will help the Town maintain the average Pavement Condition Index (PCI) of the Town's road network closer to the approved level of 65, and will allow the Town to avoid the complete re -write of the 10-Year Road Reconstruction program that will result if Allaura Boulevard is moved to a future year. As per the Capital Sheet attached as Appendix "B", this project is projected to cost $1,261,225. 2.0 Project No. 42039 — Retrofit SWIM facilities SW-2/SW-3 and C-1 The Class Environmental Assessment for this project has been completed and approved, and the design work is almost completed. Some minor landscaping issues remain outstanding which are expected to be finalized within the next few weeks. After that, applications will be made to the Ministry of the Environment (MOE) and to the Lake Simcoe Region Conservation Authority (LSRCA) for the necessary permits for the construction of the project. No major issues are expected to arise during the permitting process as the projects have been designed in accordance with MOE and LSRCA standards and both agencies support these types of retrofit/upgrade projects due to their positive environmental benefits. Assuming this project is picked to be the one submitted for approval under this program, staff will continue to work on completing the tender and drawings package. Given that it is our standard practice not to tender a project until all outside approvals are in place, the timing for issuing the tender would depend on how fast the MOE and LSRCA approvals could be secured. - '108 - General Committee - February 5, 2008 February 5, 2008 - 3 - Report No. PW08-006 Should the tender be issued prior to provincial approval of the funding, the tender documents would state that the contract could only be awarded upon approval of the necessary funding. Should the tender not be issued until after the funding was approved, this type of special wording would not be needed. The advantages of constructing this project this year is that it will have significant positive environmental benefits, both through the upgrading of two 1980's-era SWM facilities to current standards and by the work proposed to be done to the creek leading into Salamander Pond to reduce the amount of erosion and sedimentation that currently occurs. As per the Capital Sheet attached as Appendix "C", this project is projected to cost $1,519,225. 3.0 Other Possible Proiects that Could be Submitted for Approval The only other `construction -ready' project that Public Works has that could be submitted for approval under this program is Project No. 31044 (Sidewalk Reconstruction — Centre Street and Catherine Avenue). This is a project that was proposed and not approved as part of the 2007 Capital Budget and was resubmitted for consideration as part of the 2008 Capital Budget where it is again "below the line" and not projected to be approved. Although there was a successful public meeting for this project in 2006 and the drawings and tender documentation are completed with no outside approvals required, there is still some concern and controversy among certain residents in the area over the width of the sidewalk that is proposed to be built. Given the length of time since the last public meeting and the lingering issues related to the proposed width of the sidewalk, it is suggested that if this project were to go forward this year, a new round of public consultation should be undertaken before the project is approved for construction. Given the tight timelines specified in the Program Guidelines for the grant program and the uncertainty of the results of a new round of public consultation, staff suggests that this project is not appropriate for submission to this grant program. 4.0 Next Steps Should Council decide to apply for funding for a project, the next step is to prepare and submit the grant application by February 15, 2008. As part of the application, a by-law indicating Councils' support is required and staff will prepare the by-law for Councils' approval at the February 12, 2008 Council Meeting. Approvals of applications submitted under this program are to be made by the Province by March 31, 2008. -109- General Committee - February 5, 2008 February 5, 2008 - 4 - Report No. PW08-006 OPTIONS 1. Council may decide to approve the submission of a grant application for Project No. 31068 (Reconstruction ofAllaura Boulevard). 2. Council may decide to approve the submission of a grant application for Project No. 42039 (Retrofit SWM facilities SW-2/SW-3 and C-1). 3. Council may decide not to apply for a grant under this program. FINANCIAL IMPLICATIONS Neither of the suggested projects are currently on the list of 2008 Capital Projects that Council is tentatively set to approve as part of the 2008 Capital Budget so, atthis time, they are not going to be constructed this year. There are no financial implications to the Town in pursuing this grant. If the Town's application is approved for either of the projects, the grant would cover all of the construction costs and the selected project would be constructed this year. If the funding is not approved, the project would not be constructed this year. CONCLUSIONS The Province of Ontario has recently launched a new program, the Municipal Infrastructure Investment Initiative, which will provide $300M in grants to municipalities for infrastructure - related projects that can be constructed in 2008. There are currently a number of Public Works Capital Projects that had been proposed for 2008 that are currently "below the line" and are therefore not likely to be approved for construction in 2008. The largest of these projects are the reconstruction of two Storm. Water Management facilities and the reconstruction of Allaura Boulevard. It is suggested that Council approve. one of these two projects for submission to the province for funding under this program. Whichever project is chosen, staff will arrange to have the necessary by-law on the agenda for the Council meeting on February 12, 2008 so that it can accompany the application, which must be made by February 15, 2008. LINK TO STRATEGIC PLAN Objective Cl: Maintain, respect, preserve and enhance natural environment, natural .heritage and green spaces Objective D1: Continue the commitment of fiscal responsibility and accountability - 110 - General Committee - February 5, 2008 February 5, 2008 - 5 - Report No. PW08-006 ATTACHMENTS • Appendix "A" — Program Guidelines, Municipal Infrastructure Investment Initiative • Appendix "B" - Capital Sheet for Project No. 31068 (Reconstruction of Allaura Boulevard) • Appendix "C"- Capital Sheet for Project No. 42039 (Retrofit SWM facilities SW-2/SW-3 and C-1) PRE -SUBMISSION REVIEW Senior Management Team meeting of January 23, 2008 Prepared by. D. Atkins, Manager of Engineering Services, ext. 4382 D. Atkins Manager of Engineering Services to S. Rogers Chief Administrative Officer General Committee - February 5, 2008 APPENDIX "A" Ontario Municipal Infrastructure Investment Initiative Program Guidelines January 2008 -112- General Committee - February 5, 2008 Introduction The Municipal Infrastructure Investment Initiative (MIII) is a $300 million, one-time grant funding program in the current fiscal year that will support investments in local infrastructure priorities in communities across Ontario. The objective of this program is to direct new infrastructure funding to support the construction or renewal of municipally owned infrastructure assets, Recognizing that every community has infrastructure priorities, the government wants to support as many projects as possible across the province. _ Grants under the MIII will be awarded on the basis of applications evaluated on a competitive basis against the criteria. outlined in these guidelines. Capital investments in all types of municipally owned infrastructure are eligible for funding, except for public transit„ which is being supported through other provincial initiatives. This provides municipalities with significant discretion to seek funding support for their local priorities. No preference will be given to applications In one category over another. Eligible municipalities are able to apply for up to 100% of the project costs under the MIII, and successful applicants will receive exactly .the grant amount that they requested. By providing successful applicants with grants this year for a wide range of municipal infrastructure projects, the funding under the MIII will help to get projects off the ground, contributing to a strong and resilient economy and higher quality of life in Ontario's communities. The MIII is being administered by Infrastructure Ontario (I0), a government agency dedicated to the delivery of projects and funding, for infrastructure across the province. Municipalities can access information about this initiative and submit their applications for funding through the IO website. The deadline for applications is 5:00 p.m. (EST) on Friday, February 15, 2008. Municipal ❑tfmstmu re Investment Iniaaave Pmgram Guidelines - - 113 - General Committee - February 5, 2008 Who can apply? Ali sfngle-, upper- and lower -tier municipalities in Ontario, except for the City of Toronto, are eligible to apply for funding under this program. Local Services Boards (LSBs) are also eligible to apply for funding under the MIII. The LSBs of Sultan, Eva Marion take, and Savant Lake are not eligible for the MIII because they are in the process of dissolution. Local Roads Boards are not eligible for the MIII. For the purposes of readability and clarity, throughout these program guidelines the term "municipality". is intended to refer to both eligible municipalities and eligible LSBs, What types of infrastructure projects are eligible? Capital investments in all types of construction ready, municipally owned infrastructure projects, except for public transit, are eligible for funding under this initiative. The province has no preference for applications in one category of infrastructure over another. Some examples of eligible infrastructure categories include: • Water Wastewater • Roads. Bridges - .. • Solid waste management Long-term care facilities Social housing Culture (including libraries) Tourism • Recreation Community energy Other types of municipally . owned infrastructure, (e:g., accessibility improvements, docks, flood control infrastructure, etc.) are also eligible, Municipalities need to indicate the category their project fits into when they submit their application. This broad approach to eligible investments recognizes that municipalities have many types of infrastructure needs, and gives municipalities the discretion to identify their own priority project for their MIII application. Municlpal Infrastructure investment lnitiative 2 Program Guidelines - 114 - General Committee , February 5, 2008 A municipality or L5B can only apply for Infrastructure projects in its area of. responsibility (e.g., a municipality that does not have responsibility for water services may not apply for a water project). Applicants need to indicate on their application when they expect construction can begin, and when construction is expected to be completed. Please note that "construction ready' projects are those- where the municipality has completed, or will soon complete, all required studies and approval processes (such as environmental assessments) to allow the project to proceed to tendering and construction. It is also important to note that both rehabilitation/renewal and new construction projects are eligible for funding under this initiative. .ineligible Funding Categories and Costs Applications for public transit projects will not be eligible for funding under the MIII. This includes both conventional and specialized transit (such as para-transit, transit for seniors, etc.). Projects will not be eligible if construction work (e.g., physical changes to land or buildings above or below ground level) has started prior to the approval of the funding application. Project -related studies; including planning, feasibility and environmental assessment (EA) studies will not be funded under this initiative. Operating costs of municipally owned infrastructure assets will also be ineligible. The intent of the Mill is to support investments in municipal infrastructure projects. Applications for funding for vehicles and equipment will not be. considered eligible under the MIII. How many applications can be submitted? Only ONE project will be considered from.each. eligible municipality. Municipal Infrastmdure Investment Initiative Program Guldelines - 115 - General Committee - February 5, 2008 What information needs to be provided on the application form? Applications for funding under the for municipalities to complete. through the MIII web page, Infrastructure Ontario website: www.infrastructureontario. ca MIII are intended to be straightforward Applications must be completed online which can be accessed through the The first section (General information) of the application requests basic information' about the municipal applicant, including specific applicant contact details. - In the second section (Project Information), applicants are asked to Provide basic information about their project. This includes the name and the location of the project within the community. Applicants are required to indicate the category of infrastructure that applies to their project. Applicants can choose a category from the list provided (e.g., "Roads") or can indicate that their project falls in the "Other" category If the category of their project is not on the list. In this case the applicant should provide a brief description. In this section, applicants -must indicate if provincial funding has been received for the same project under any previous infrastructure program (e.g., OSTAR, SCTP, COMRIF, etc.), and how much funding was received. As described in further detail below, particular consideration will be given to projects that have not previously received any provincial 'government funding. Grants will not be awarded for costs which have already been funded under a prior provincial program. Under "Project .Benefits," applicants are required to provide a brief description of the project and details about the anticipated benefits. The project description should explain the key features and purpose of the _project, its size, key characteristics, and any other information that is relevant. Municipal I nfrastructu, Investment Initiative Pm9ram Guidelines - 116 - General Committee - February 5, 2008 Applicants must also explain the benefits that the project will have for the community, the region and the province. The following categories are provided on the application form, and applicants should address each category: - Economic or commercial benefits; . Environmental or sustainability benefits; Health and safety benefits; and •.:Social or community benefits. For example, in the section on economic or commercial benefits, applicants could indicate how their project would improve economic competitiveness or create jobs. Under environmental or sustainability benefits, applicants could indicate how their project would help to reduce greenhouse gas emissions, protect habitat, or reduce energy use. Since every infrastructure project Is different, not all projects will provide the same benefits, so the benefits described should be appropriate to the project. Where possible, applicants should propose specific performance measures to quantify the benefits they believe the, project will achieve, in the event that the application is successful and receives MITI funding. Applicants are also asked to explain how their project will help to implement a council -adopted municipal plan (e.g., Official Plan; Asset Management Plan, etc.). Applicants should Identify the plan, and the objectives or policies of the plan that the project would help to implement or support. For both the project descriptionand the statements of the project benefits, concise descriptions are encouraged and bullet points may be used. Applicants are also encouraged to use the space available to explain their projects fully.. On the application; page, there is a maximum number of words that can be entered in each section. Please ensure that the application stays within the limits indicated on the application form. - Under "Timing," applicants must indicate when construction on their project. Is expected to start and when it would be completed if funding is successfully secured under the MITI. As the projects are expected to be construction - ready, applicants are asked to confirm that all required studies have been completed so that construction can .begin. If the studies have not been completed, applicants need to describe the studies still underway and indicate when they are expected to be completed. Municipal Infrastructure Investment Initiative Program Wd.Rnes -117- General Committee - February 5, 2008 The section "Project Cost" pertains to information regarding project costs and funding. If you are using more than two other funding or financing sources to support your project, please fax the additional information describing those funding or financing sources, and amounts, to Infrastructure Ontario at416-263-5928. - The third section (Banking Information) of the application requests municipal banking information. This information is being collected to facilitate the transfer of funds to the successful applicants. All applicants must accept the terms and conditions that accompany the application form at the time the application is submitted. What council actions are required? A municipal council must pass. a by-law affirming their support of their application. In the case of LSBs, the Board must also pass a by-law affirming their support of their application. In order to assist municipalities and LSBs with this requirement, two by-law templates (one for municipalities, one for LSBs) are available through the Infrastructure Ontario website, What criteria will be used to evaluate applications? Projects will be selected for funding through a competitive, merit -based evaluation process. The evaluation will be based on the information provided in the application form. The •evaluation will be conducted in two stages. The first stage of the evaluation is a compliance review to determine if the application meets the basic' eligibility requirements of the MITI. The compliance review will be based on: Submission of a complete application - • , Project is eligible for funding, as defined in these program guidelines • Project has not already started construction • Submission of a council or board by-law in support of the application All applications deemed compliant after the first stage review will be considered candidates for funding and will be evaluated further. Non- compliant applications will not be given further consideration. Municipal Infrastr.a.re Investment Initiative Program Guidelines 6 -118- General Committee - February 5, 2008 The second stage of the evaluation process. will be used to determine the applications that will receive funding under the MIII. The criteria that will be used in the second stage of the evaluation process are as follows: • Construction readiness • Alignment with provincial policy objectives • Benefits of the project to the community, region and province, including: Economic or commercial benefits, including benefits to economically depressed areas of Ontario - Environmental or sustainability benefits -Health and.safety benefits . Social and community beneflts • Demonstration that the project helps to implement a council -adopted plan or strategy' • Regional distribution of projects around the province. Applicants should note that particular consideration will be given to projects that have not previously received any provincial government funding. Grants will not be awarded for costs which have already, been funded under a prior provincial program. The review (if appllcations will be coordinated by staff in the Ministry of Public Infrastructure Renewal. A comprehensive group .of other provincial ministries with relevant expertise will also be involved In the review of applications. How will the size of the grant be determined? Applicants must state the amount of the grant that they are requesting on their application forms. Applicants can apply for up to 100% of the project cost. There is no requirement for the municipality to match the funding awarded under this program. There is no federal. government funding associated with the MIII. _ Successful applicants will receive exactly the amount of the grant that was requested in the application. The province will not award "partial" grants under the MIII. For example, If a municipality applies for a $500,000 grant, and is successful, the municipality will receive $500,000. There is no In the case of LSBs, this criterlon will be applied with respect to the compliance of the project with the Minister's Order establishing the LSB. Municipal tnfraStMaUre Investment Initiative Program Guidelines - 119 - General Committee - February 5, 2008 possibility that the municipality would receive some other portion of the original grant requested.' The province will not negotiate or adjust grant amounts after an application has been submitted. Although there is no maximum cap for funding awards in this initiative, applicants are reminded that the total pool of available funds is limited to $300 million. Can I also use other sources of funding or financing, such as an Infrastructure Ontario loan, for the project? In the case where a municipality intends to fund a portion of the total project cost with .an MIIl grant, and a portion of the total project cost from other sources, those other sources (including financing through the OSIFA Loan Program) are acceptable. If a municipality intends to use multiple sources of funding or financing, this must be indicated on the application form. Grants received under this initiative may not be used to pay off any portion (interest or principal) of an existing IO loan. What costs are eligible, and ineligible? All construction -related costs borne by the applicant are eligible under this initiative. Project -related studies, including planning, feasibility and environmental assessment (EA) studies are not eligible.. Operating costs of municipally owned infrastructure assets, are not eligible. What supporting materials are required for my application? In addition to a complete application form, .municipalities must submit a municipal council by-law and a void cheque. Local Services Boards must submit a by-law, a copy of the Minister's Order establishing the LSB, and a void cheque: Technical schedules, business cases, consultant reports or engineering studies are NOT required. _ Municipal Infrastructure Investment Initiative Program Guidelines -120- General Committee - February 5, 2008 If I submitted a project for consideration under any one of COMRIF Intake 1, Intake 2, Intake 3 or the Rural Infrastructure Investment Initiative (RIII), and that application was unsuccessful, can I apply with that same project for consideration here? Yes, unsuccessful applications from COMRIF Intake 1, Intake 2, Intake 3 and RIII are eligible for consideration under the MIII. I've heard that there will be a fourth intake of applications under COMRIF? When will the new round of funding under COMRIF be announced, and can I apply with the same project to both programs? In the near future, the Ontario government, along with its federal and municipal partners, expect to announce the final round of funding under COMRIF. The discussions around this final round of funding are continuing at this time, and the timelines for that round of funding have not been confirmed. There will be municipalities and LSBs in. Ontario that will be eligible to apply to both the MIII and the final round of COMRIF. Applicants may not receive funding' for the same project from both the MIII and the final round of COMRIF. There is a possibility that the application, periods under MIII and the final round of COMRIF will be open at the same time. The province understands that if a municipality or LSB.ls eligible for both MITI and COMRIF, some'communities may.wish to 'submit the same project for consideration under both MIII and the final round of COMRIF, and that other communities may wish to submit separate- projects for consideration under the two programs. In the event that MIII and the final round of COMRIF are active at the same time, applicants that are eligible for both programs will have a choice. On the one hand, they may choose to submit different projects to the MIII and the final round of COMRIF. On the other hand, they may choose to submit the same project for consideration under both MIII and COMRIF. If an applicant submits the same project for consideration under. both programs, they must be aware that if their application is successful, they will only receive funding under one program, not both. To illustrate how this policy will apply, consider the following example. If an application for the same project has been submitted to both MIII and Municipal ln(rastructum Investment lnRlative Program Guidelines General Committee - February 5, 2008 COMRIF, and the MIII grants are announced first, and the project is funded under. MIII, it will not be given further consideration under COMRIF. Conversely, if COMRIF awards are announced first, and the project is funded under COMRIF, it will not be given further consideration under MIII. If an applicant chooses to apply to MIII and COMRIF with different projects, they have the potential to receive funding from both programs. This will not be possible for an applicant that submits the same project to both programs: Under no circumstances will applicants be allowed to revise either their MIII application or a COMRIF application once the application deadline for each respective program has passed. Each municipality or LSD will have to come to its own conclusion about how to decide which project to submit for consideration under each program. As with any appllcation-based program where the value of the applications exceeds the funding available, there is the risk that any 'single .application may or may not be funded. These program design features are intended to provide municipalities with the maximum amount of discretion about how they wish toseek provincial support for their infrastructure, needs. These features will also help to ensure the integrity and fairness of both the MIII and the COMRIF evaluation processes. In. the event that the final round of COMRIF is active after the MIII grants have been announced, applicants will no longer need to choose between the two programs, and they will be free to decide which project they wish to submit for consideration under COMRIF. When will applicants be notified about the results of their MIII application? Funding announcements will be made no later than March 31, 2008. When will successful applicants receive their MIII grants?. Successful applicants will receive their MIII grants as a one-time, lump sum payment no later than March 31, 2008, Municipal Infrastructure Investment Initiative Grogram Guidelines to -122- General Committee - February 5, 2008 What will successful applicants have to do to receive their funding? Funding awarded to successful applicants under this initiative will be sent directly to the successful applicant as a single, one-time, lump sum transfer payment. Beyond the acceptance of the terms and conditions in the application form, this -program does not require the successful applicant to enter into a contribution agreement with the Province or Infrastructure Ontario priorto receiving funding. What accountability provisions does the MITI include? Will successful applicants have to report back to the province on the use of MITI grants? Successful applicants will be required to report back to the province on the use of their MIII .grants. Successful applicants should be prepared to demonstrate that the MIII grant was used for the purpose intended (as described in their application form). Successful applicants should also be prepared to explain how their MIII grant has allowed them to achieve .the benefits to the community, region and province that were described in their application. Successful applicants should also be prepared to report on the results of all performance measures proposed in their application. As indicated in the terms and conditions that all applicants must accept when they submit their MIII application, the province reserves the right to independently verify or audit, at the sole expense of the grant recipient, that the report back information submitted to the province by the grant recipient is accurate and complete. and that the funds were used for the purpose. intended. If the report back to the province Is incomplete, the province may request additional information from the grant recipient. If an audit reveals adiscrepancy with .any information submitted in connection with. an MIII application, the province reserves the right to recover tip to and including all of the funds provided. In the event that the grant recipient fails to spend all or some of the funds received under the MIII, the province reserves the right to recover any and all remaining funds. Further details about the reporting back procedures and requirements will be confirmed at the time MIII grants are made to successful applicants, no later than March 31, 2008. Municipal LrfrOetrudure Investment I.M.M. Program G.Id Olnes it -123- General Committee - February 5, 2008 How do I submit an application? All eligible municipalities and LSBs that wish to submit an application must do so through the Infrastructure Ontario website: www. infrastrticturec ntario, ca To apply, applicants need the user ID and password included in the January 11°" letter/email from Infrastructure Ontario to eligible municipalities and LSBs. A complete application, including the municipal council or LSO board by-law, and a void cheque, MUST be received on or before 5:00 p.m. (EST) on Friday, February 15, 2008. Copies of the by-law and void cheque may be submitted by fax to the following number: 416-263-5928 If you have auestions about the program, the application form or procedures, please contact the MIII help desk by phone or email at: 1-800-230-0937 OR Ora nts@i nfrastructureonta rio, ca. M onlcipal infrastructure Investment lnitiettvo Program Guidelines 12 -124- General Committee - February 5, 2008 APPENDIX "B" Project ID; Project Name Department : Service ! Program Year of Initiation: TOWN OF AURORA CAPITAL BUDGET - ANALYSIS BY PROJECT -Addresses Council Direction : Pa a No: 1 31068 2008 Reconstruction of Allaura Boulevard IPubllc Works Roads 2007 No. PAIMM_ t '"' - 9v1EG 100411 Roads -To provide funding for the reconstruction of the roadway, watermain, and sewer infrastructure. It is intended that this project will be tendered together with.the reconstruction of Engelhard Drive from Edward Street to Furbacher Lane (Project 31069). Please note that this is the second part of this project. Part one for the design portion was approved as part of the 2007. Capital Budget. Arf•'t�Sl1�t�,Fll�ic�?�igrmaS�9�����s �'�a1�.0 .�'dAt 3�"`��- 3���Y y`3','6 a34} On the 0 -100 PCI (Pavement Condition Index) rating scale, a rating of less than 40 results in the street(s) in question being classified as being in the "Failed" category. The PC] of this street Is 31. ' Me,n nn 2 f8 flit :20 N 'fCsfimafed•iE3kpentjrtures='`_ F Marna Salaries_ 19 225 1Y,-- Contracts M,242i000,242000 Total istirnated Ei<peRdithies ,]?61,225. , j 126t7225'.." ". EsfimatedFtgancmg `�- - `- � Storm Sewers _ 4 000 ,_ 4 000 I Water $Sewer Obbgatory Reserves � 29d,000 �: , 294 000 -� �, •I ' - -,� Total Estltgatotl Finanern9. j`--:`294,boo ,294.000 Total oven<�aea { .. 1907 22s11" ` (96722si ! i -125- General Committee - February 5, 2005 APPENDIX "C" Project ID Project Name Department : Service I Program Year of Initiation TOWN OF AURORA CAPITAL BUDGET -ANALYSIS BY PROJECT Addresses Council Direction : Pa a No:1 42039 Retrolit SWM Fachilles SW-21SW-3 and C-1 (2008) Publio Works Storm Sewer 2008 No To provide funding for the upgrade of the Stormwater Management facilities located at Bathurst Street and McClellan Way (SW-2/SW-3) and east of intersection of Wellington Street and Mary Street (C-11- The purpose is to upgrade these facilities from being strictly quantity ones that improve the quality of stormwater passing through them. !F+Y(13x1a^y`.SR,Y.'10�0hi`4lrltG��LIIS-�Ytat'�- t� aa�"_'2llME" This project was brought to Council's attention via Report PW 2004-11. That report dealt with the award of the contract for the upgrade of the Kennedy Street WestlDeerhorn Crescent SWM facility and also with the initiation of the Class FA and Detail Design for ino�o rA�nu�o� . Total Overt(Und" `r Funt`!ed ` - -126- General Committee - February 5, 2008 AURORA TOWN OF AURORA GENERAL COMMITTEE REPORT No.LS08-002 SUBJECT: Pine Tree Potters Lease at Aurora Public Library FROM: Allan D. Downey, Director of Leisure Services DATE: February 5, 2008 THAT Council authorize Leisure Services staff to renew the Lease for the Pine Tree Potters Guild at the Aurora Public Library as persection 2.4: Option to Extend of the existing Lease Agreement and; further THAT Council approve an Amendment to the billing of hydro undera proposed new Agreement, BACKGROUND The Pine Tree Potters Guild leases the 1,500 square foot space in the basement of the Aurora Public Library. The existing five (5) year Lease expired effective December 31, 2007. The Pine Tree Potters pay the Town $6,600 per year excluding hydro for the Lease of this area. Hydro is sub -metered within the building and billed separately by the Town. Under section 2.4 of the existing Lease Agreement with the Pine Tree Potters the Town may extend the Lease Agreement by an additional five (5) years providing tho Terms of the Lease are agreeable to both parties. Staff recommends billing a flat rate of $6,600.00 per year plus separate quarterly billings for hydro for a term of five (5) years under.a renewed Rental Agreement. Hydro is sub -metered within the Library at the Pine Tree Potters space for billing purposes. OPTIONS 1. As recommended. 2. Renew the Lease as per section 2.4 in the existing Lease. 3. Renew the Lease and modify the Terms of the Lease. 4. Cancel the Lease. FINANCIAL IMPLICATIONS The Town of Aurora would collect $6,600.00 per year in rental fees, plus a separate amount for hydro billed quarterly for each year. 12 W `*a General Committee - February 5, 2008 February 5, 2008 - 2 - Report No. LSOB-002 The rental amount and hydro would be collected over a five (5) year term for a total of $33,000.00 paid to the Town of Aurora for rental fees plus an additional amount per year based on quarterly billings for hydro consumption. CONCLUSIONS That staff proceed with a renewal of the Lease with the Pine Tree Potters Guild for the space in the lower level of the Aurora Library based on Section 2.4 of the existing Lease with the terms as listed above. LINK TO STRATEGIC PLAN Goal B: Promote a sustainable community that respects its historic culture and character and embraces diverse cultural development and renewal in harmony with sound environmental management and business development activity Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens Objective 133: Plan for the preservation and the restoration of local heritage areas and buildings Objective D1: Continue the commitment of fiscal responsibility and accountability Objective 133: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making ATTACHMENTS Attachment #1; Current Pine Tree Potters Lease Agreement. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, January 23, 2008. Prepared by. Aaron Karmazyn, Manager of Facilities & Property - Ext. 4323 Allan D. Downed > John S. Rogers Director of Leisure Services Chief Administrative Officer -128- General Committee - February 5, 2008 ATTACHMENT t.� This Lease made as of the day of I c,,C e.rn k o ; , 2002 in pursuance of the Short Forms of Leases Act, between: THE CORPORATION OF THE TOWN OF AURORA (hereinafter referred to as the "Landlord") PARTY OF THE FIRST PART -and— PINE TREE POTTERS, being a duly incorporated corporation without share capital pursuant to the laws of the Province of Ontario (hereinafter referred to as the "Tenant") PARTY OF TIIE SECOND PART WHEREAS the Landlord is the registered legal 'owner of the property -known as the Aurora Public Library located municipally at 15145 Yonge Street and more particularly described as Lots 11, 12 and A7 and Part of Lots I and 7 on Plan 68, designated as Parts 1 to 8 on Reference Plan 65R-23499, Town of Aurora, Regional Municipality of YorV, AND WHERE, AS.the Tenant has requested the use of the lower basement Rotunda area situated in the Aurora Public Library and comprising approximately one thousand five hundred square feet (1,500 ff) for recreational purposes (hereinafter referred to as the "Premises"); - AND WHEREAS the Landlord has agreed to provide to the Tenant, on an annual basis, the use of the Premises for the Tenant's purposes on certain terms and conditions; NOW THEREFORE in consideration of the Rents, covenants and agreements herein contained, the Landlord and the Tenant agree as follows: SECTION 1: INTE RPRE TATION 1.1 Definitions In this Lease: (a) "Additional Rent" means all sums of money or charges required to be paid by the Tenant under the Lease except Minimum Rent whether or not designated as Additional Rent or payable to the Landlord and includes "Operating Costs'; (b) "Commencement Date" means January 1, 2003, being the date upon which the Tenant first occupied the Premises; (c) "Director" means the Director of Leisure Services of the Town of Aurora or his/her designate; (d) "Lose" means this agreement and the terms and conditions set out herein as amended from time to time; (e) "Lease Year" means a period of twelve (12) consecutive calendar months; the first Lease Year shall begin on the Commencement Date if such day is the first day of a calendar month; if not, then the first Lease Year shall begin on tile first day of the calendar month next following the Commencement Date, each succeeding Lose Year shall begin on the anniversary date of the first day of the first Lease Year. (f) "Library" means the Aurora Public Library located municipally at 15145 Yonge Street and more particularly described- as Lots 11, 12 and A7 and Part of Lots 1 -129- General Committee - February 5, 2008 -2- and 7 on Plan 69, designated as Parts I to 8 on Reference Plan 65R-23499, Town of Aurora, Regional Municipality of York; (g) "Minimum Ront" means Ore sums payable by the Tenant to the Landlord as set out in Section 3,01; (h) "Operating Costs" means all costs directly or indirectly associated with the operation and maintenance of the Premises; (i) "Premises" means the lower floor basement Rotunda area of the Library comprising approximately one thousand five hundred square feet (1,500 ft) and located at 15145 Ydnge Street, Aurora; (j) "Rent" means all amounts payable by the Tenant to the Landlord hereunder, including Minimum Rent and Additional Rent; (k) "Security System" means a system of alarm mechanisms approved by the Director and installed on the Premises for the purpose of allowing the Tenant full exclusive rights of entry to and from the Premises including the entire lower basement level of the Library through the Library entrance door located along Church Street; - (1) "Term" means the term of this Lease as provided in Section 22 and any period of overholding unless earlierterminatedor surrendered but excluding any period where the Lease has been partially surrendered or deemed to be partially surrendered pursuant to section 14.10 as to the part or parts so surrendered or deemed to be partially surrendered. 1.2 Number and Gender The necessary grammatical clratrg required to make the provisions of this Lease apply in the plural sense where the Tenant comprises more than one entity and to corporations, associations, partnerships or individuals, males or females; in all cases will be assumed as though in each case fully expressed. 1.3 Headings and Captions The article numbers, article headings, section numbers and section headings are inserted for convenience of reference only and are not to be considered when interpreting this Lease. 1.4 Obligations as Covenants - Each obligation of the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, is considered to be a covenant for all purposes. 1.5 Entire Agreement This Lease contains all the representations, warranties, covenants, agreements, conditions and understandings between the Landlord and the Tenant concerning the Premises or the subject matter of this Lease. 1.6 Governing Law This Lease shall be interpreted under and is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. 1.7 Severability If any provision of this Lease is illegal or unenforceable it shall be considered separate and severable from the remaining provisions of this Lease, which shall remain in force and shall be binding as though the said provision had never been included. -130- General Committee - February 5, 2008 -3- SECTION 2: DEMISE AND TERM 2.1 Demise and Term The Landlord hereby leases and demises the Premises to the Tenant for the Term at the Rent and on the terms and conditions stated in this Lease. 2.2 Term The Tenant shall have and hold the Premises for and during the Term which shall be, unless sooner terminated or surrendered (or in respect of that part of the Premises in respect of which a partial. surrender or surrenders or deemed partial surrender or surrenders occurs), pursuant to the provisions of this Lease, on an annual basis from the Commencement Date for a period of five (5) Lease Years thereafter. 2.3 Overholdine If the Tenant remains in occupation of the Premises after the expiration of the Term hereby granted without a written agreement to the contrary, there is no tacit renewal of this Lease notwithstanding any statutory provision or legal presumption to the contrary acid the Tenant shall not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rental equivalent to one twelfth the annual payment of Minimum Rent herein provided for, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy. Nothing herein shall imply however, that the Tenant is permitted to remain in the Premises from and after expiry of the Term. 2.4 Option to Extend Upon the expiration of the term of this Agreement and provided the parties agree to the terms of any extension of this Lease Agreement, a further extension of this Agreement for a five (5) year period will be provided. Should the parties not agree on the terms of the extension of this Agreement within thirty (30) days prior to the expiration of this Lease, this Agreement shall be at an end. SECTION 3: RENT 3.1 Minimum Rent The Tenant covenants to pay to the Landlord, its successors and assigns, without deduction, compensation or set off, Minimum Rent in an amount equal to the aggregate annual amount of Six Thousand and Six Hundred Dollars ($6,600.00) plus applicable Goods and Services Tax, payable in advance on the Commencement Date and yearly thereafter on each anniversary date of the Commencement Date. 3.2 Interest on Amounts in Default If the Tenant fails to pay when due and payable any amount of Rent, the unpaid amount will bear interest calculated and payable monthly from the,due date to the date of payment at the rate of three per cent (3%) plus the prime rate from time to time charged by any chartered bank or trust company of the Landlord to its most creditworthy commercial customers. 3.3 Payments If any payments required to be made under this Lease by the Tenant to the Landlord are not paid at the time provided in this Lease, they will be deemed to be and will be collectable as Rent with the next instalment of Rent failing due and all of the Landlord's remedies for non-payment of Rent hereunder shall apply thereto, but nothing in this Lease limits any other remedy of the Landlord in respect thereto. - 131 - General. Committee - February 5, 2008 -4- SECTION 4: GENERAL COVENANTS 4.1 Covenants of Tenant The Tenant covenants with the Landlord: (a) - to pay Rent, and (b) to observe and perform all the covenants and obligations of the Tenant under this Lease. 4.2 Covenants of Landlord The Landlord covenants with the Tenant (a) for quiet enjoyment; (b) to observe and perform all the covenants and obligations of the Landlord under this Lease; and - (c) at all times to permit free, uninterrupted mid unobstructed rights of ingress to and egress from the Premises to be enjoyed by the Tenant, its servants, workers, invitees, employees, vehicles, supplies and equipment. SECTION 5: UTILITIES AND OTHER CHARGES 5.1 Operating Costs (a) - The Tenant covenants with the Landlord to pay as Additional Rent, all Operating Costs promptly when due direct to the appropriate authority, including the Landlord. Such operating costs include all separately metered bydro supplied directly to the Premises as well as any and all costs associated with the provision of the Security System required for the Premises including any installation, repair, ongoing operation and maintenance of the said Security System Operating Costs shall, if not paid directly to a third party authority by the Tenant, be collectable as Additional Rent by the Landlord and shall be payable forthwith on demand. (b) The Landlord covenants with the Tenant to provide and be responsible for the costs of all other utility services including the provision of water supply, heating and cooling, hydro and lighting to the Premises with the exception of the separately metered hydro supplied directly to the Premises. The Landlord is also responsible for the provision of ongoing maintenance and repair of the washroom facilities located on the lower basement floor of the Library and for the removal of snow, ice and any debris from all entrance ways and the parking lot of the - Library. 5.2 Taxes The Tenant shall pay to the Landlord all taxes (being all sales taxes, goods and services taxes, value added taxes, consumption taxes and any other taxes, rates, duties, levies, fees, charges and assessments whatsoever, whether or not in existence on the Commencement Date, imposed, assessed, levied, rated or charged to either the Tenant or the Landlord or both, in respect of the Minimum Rent payable by the Tenant or tire Landlord or the rental of the Premises or the provisions of any goods, services or utilities whatsoever by the Landlord to the Tenant: (a) to the extent not already included in Rent; and (b) provided such taxes are net of input tax credits collectively known as "GST"), if any, assessed or charged or payable in respect of the payment of Rent hereunder. For the purposes of this clause, all taxes which are payable in respect of any Rent shall he considered to be due by the Tenant to the Landlord on the same date as such Rent is so due. -132- General Committee - February 5, 2008 5- SECTION 6: USE OF THE PREMISES 6.1 Use The Tenant covenants that the Premises will not be used for any purpose other than as a pottery studio by the Tenant, its members, employees, or invitees for the promotion and achievement of the objects as provided for in the Tenant's constituting documents and subject to all other requirements of this Lease. The Tenant covenants and agrees to access the Premises through the entrance door of the Library fronting onto Church Street during the non -operating. hours of the Library. The Tenant acknowledges that the Library, including the Premises therein, is designated as a smoke -free facility and agrees that its members, employees or invitees shall adhere to the provisions regarding no smoking in and at the Library, failing which the Landlord may take any and all actions it deems necessary to ensure compliance with such no -smoking provisions. 6.2 Liens and Encumbrances The Tenant will not permit, do or cause anything to be done to the Premises whereby any lien, certificate of pending litigation, judgement or certificate of any court or any mortgage, charge or encumbrance of my nature whatsoever is imposed on title to the Lands and, if any such matter is registered on title to the Lands due to the Tenant's actions or inactions, the Tenant will discharge the same within 10 days after receipt of notice thereof from the Landlord, failing which the Landlord shall be entitled to make such payment or take such action as may be expedient to discharge it and the Tenant shall immediately reimburse the Landlord for all of its costs thereof, including all legal fees and disbursements. 6.3 Waste and Nuisance The Tenant will not commit or permit any waste or injury to the Premises including the Leasehold Improvements and trade fixtures therein or any overloading of the floors thereof The Tenant covenants and agrees not to fasten any fixtures or equipment permanently to the walls or floors of the Premises without the approval of the Director. 6.4 Condition of Premises The Tenant will not permit tire Premises to become untidy, unsightly or hazardous or permit unreasonable quantities of waste or refuse to accumulate therein and will cause the Premises to be cleaned on a regular basis. 6.5 Applicable Laws The Tenant will comply at its own expense with all present and future laws (the "Laws") of say governmental or quasi -governmental body (including federal, provincial and municipal) in force or regulations, requirements, by-laws or orders (including without limitation Environmental Laws defined in Section 15) pertaining to the operation and use of fire Premises, .the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed by the Tenant therein and the making by the "Tenant of any repairs, changes or improvements therein and will use and occupy the Premises in a safe, careful and prudent mammer so as not to contravene any Law. If, due to the Tenant's use of the Premises improvements are necessary to comply with arty Law or the requirement of any insurance carrier, the Tenant will pay the entire cost thereof. 6.6 Operating Hours The Tenant and the Landlord covenant and agree that the Tenant, its members, employees or invitees shall have fall exclusive rights to operate and access the Premises at any and all tines. -133- General Committee - February 5, 2008 6- SECTION 7: REPAIRS AND MAINTENANCE 7.1 Tenant's Obligations The Tenant shall be responsible for the maintenance and repair of its own equipment, fixtures and any upgrades to or located on the Premises. 7.2 Leasehold Improvements The Tenant covenants and agrees that all improvements made to the Premises, including the construction and placement of mobile or temporary structures shall, immediately upon the termination of this Lease or the expiry of the 'rem, whichever shall occur first in time; become the property of the Landlord without compensation therefor to the Tenant, except as hereinafter provided, and the Tenant is not entitled to remove any fixtures located on the Premises at any time during the currency of this Lease without the written consent of the Landlord. 7.3 Construction Liens The Tenant shall comply with all of the provisions of the Construction Lien Act, R.S.Q. 1990, e. 30, as amended from time to thne and other statutes from time to time applicable to any work done or improvements made to the Premises by or on behalf of the Tenant, including any steps necessary to ensure that no lien shall attach to the Library, or the lands. If by reason of any default hereunder, such construction lien for work, labour, services or materials supplied to or for the Tenant shall be registered on title to the Lands or notified to the Landlord, the Tenant shall within ten (10) days after receipt of notice thereof from the Landlord procure the discharge thereof including any certificate of action registered in respect of any lien failing which, the Landlord shall be entitled to make such payment or take such action as may be necessary or expedient to discharge such lien and the Tenant shall forthwith pay same on demand as Additional Rent and indemnify and save harmless the Landlord from any costs it incurs as a result of such lien. SECTION 8: SIGNAGE 8.1 Sigas No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the outside or inside of the Library whatsoever, without the consent of the Landlord which may be unreasonably withheld SECTION 9: INSURANCE 9.1 Tenant Insurance At all times during the Term, -the Tenant shall maintain at its own expense: (a) commercial general public liability insurance against claims for personal injury or death and property damage or loss arising out of all operations of the Tenant on the Premises; and (b) all risk insurance on its chattels, (including but not limited to equipment, vehicles, computer hardware and software, office equipment, fixtures and leasehold improvements) on or in the Premises. Such insurance shall be placed with an insurer acceptable to the Landlord. This insurance shall protect the Landlord and the Tenant to an amount not less them Five Million Dollars ($5,000,000) per occurrence and each shall be a named insured and loss payee in the insurance policy. The insurance policy or policies shall contain a cross - liability clause protecting the Landlord against claims by the Tenant as if it were separately insured. The insurance will contain a waiver of subrogation rights against the Landlord and against those for whom it is, in law, responsible. The insurance policies -134- General Committee - February 5, 2008 _7, will contain a clause that it will not be cancelled or changed without the Landlord first having received not less than thirty (30) days' written notice of such cancellation or change. 9.2 Increase in Landlord's Insurance Premiums The Tenant shall not do, or permit to be done, anything on the Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on the Library, or on property kept therein, or conflict with the laws relating to fires or with the regulations of Central York Fire Services or with any insurance policy upon the Library or any part thereof, or conflict with any of the rules of the Regional Municipality of York's Department of Health Services or with any statute or municipal by-law. 9.3 Cancellation of Insurance The Tenant shall not by its act, or omission cause any policy of insurance relating to the Library to be cancelled or the Library or any part thereof to be. made uninsurable, in the event the Tenant se causes such insurance policy to be cancelled or so causes the Library to be made uninsurable then the Landlord may at its option (provided it has provided reasonable written notice to the Tenant and the Tenant has failed to commence or having commenced, is not diligently proceeding to core the situation, and subject to force rnajeure) either (a) terminate this Lease and following.such'temilination the Tenant shall forthwith deliver up vacant possession of the Premises to the Landlord in the condition they are required to be maintained hereunder, or (b) at the Tenant's expense enter upon the Premises and remedy the condition. 9.4 Evidence of Insurance The parties shall forthwith after request by the other provide evidence satisfactory to it of the insurance required to be carried by it hereunder from time to time. SECTION 10: DAMAGE OR DESTRUCTION 10.1 Damage or Destruction (a) In the event of damage to or destruction of the Premises or access or services essential to its use by the Tenant, then to the extent that the Premises or any substantial part thereof are rendered not reasonably capable of use by theTenam for the purposes described in section 6.01, the Rent provided to be paid hereunder or a proportionate part thereof, according to the nature and extent that the Premises are rendered not reasonably capable of such use, shall abate until die Premises or such part or parts thereof are again reasonably capable of such use and shall have been repaired; provided, however, that in the event that 50% or more of the Premises is damaged and is incapable of being repaired using reasonable diligence witbin the earlier of ninety (90) days from the date of the damage or destruction or by the date of termination of this Lease, then either the Tenant or the Landlord may terminate this Lease on written notice given to the other within forty-five (45) days after the occurrence of such damage or destruction. (b) Upon termination of this Lease, as provided in this section, in addition to the abatements to which the Tenant is entitled as aforesaid, Rent and any other liabilities of the Tenant shall be apportioned and be paid to the date on which the damage or destruction occurred and the Tenant shall forthwith deliver up possession of the Premises in accordance with this Lease. (c) The certificate of the Landlord's professional, licensed architect or engineer as to the length of time required while using. reasonable diligence to rebuild or restore the Premises shall be conclusive and binding upon the Landlord and the Tenant. -135- General Committee -February 5, 2008 8- (d) Unless this Lease is terminated as aforesaid, the Tenant, will repair such damage with all reasonable diligence to the extent of the insurance proceeds available. SECTION 11: INDEMNITY 11.1 Tcuant's Indemnity The Tenant covenants to indhtnnify and save harmless the Landlord and its officers, employees, and Council MQmbers, from all claims, actions, costs and losses of every nature relating to the Premises including, without limitation, legal fees and disbursements arising during the Term or any renewal, extension or overholding thereof if any, and caused by the Tenant or those for whom it is at law responsible. The foregoing indemnity relates to all claims, actions, costs, damages, liabilities, expenses or losses arising out of: (a) a breach of or non-compliance with a covenant, agreement or condition on the part of the Tenant contained in this Lease; (b) injury to a person, occurring in or about the Premises, including death resulting from the injury; and (c) any other loss or injury arising from or out of this Lease or any occurrence on the Premises thereof, the Tenant's occupancy of the Premises or occasioned thereby or in part by any act or omission of the Tenant or those for whom it is at law responsible_ The obligations of the Tenant to indemnify the Landlord under the provisions of this section are to survive the termination of this Lease in respect of every event occurring during the Term, or renewal, extension or any overholding, if any. _ The Landlord covenants to indemnify and save harmless the Tenant from all claims, actions, costs or losses of every nature including, without limitation, reasonable legal fees and disbursements caused by the Landlord or those for whom it is legally responsible. The obligations of the Landlord to indemnify the Tenant are to survive the termination of the Lease in respect of every event occurring during the Term or renewal, extension or overholding, if any. Except to the extent the same is caused by the Landlord or by the other persons for whom and in respect of whom the Landlord is in law responsible: (a) the Landlord, its agents, servants and employees, will not be liable or responsible in any way for any personal or consequential injury of any nature whatsoever that may be suffered or sustained by the Tenant or any employee, agent, customer, invitee or licensee .of the Tenant or any other person who may be upon the Premises or for any loss of or damage or injury to any property belonging to the Tenant or to its employees or to any other person while such property is on the Premises; (b) the Landlord, its agents, servants, employees or contractors, will not be liable for any damage suffered to the Premises or the contents thereof by reason of the Landlord, its agents, servants, employees or contractors, entering upon the Premises to undertake any examination thereof or any work therein as permitted hereby or in the case of any emergency. SECTION 12: SUBLETTING AND ASSIGNING 12.1 Assigning or Subletting The Tenant shall not assign (whether by operation of law or otherwise) this Lease or sublet or otherwise part with possession of the Premises, or any part thereof, without the prior written consent of the Landlord which. consent may be arbitrarily withheld notwithstanding any statutory or other provision of law to the contrary. No assignment or -136- General Committee - February 5, 2008 sublease shall relieve the Tenant of its obligations hereunder. Any assignee or subtenant shall, at the Landlord's option, enter into an agreement with the Landlord whereby it agrees to be bound by the provisions of this Lease. Except as aforesaid, a change in the share structure of the Tenant that results in a change in control of the Tenant shall be deemed to be an assignment of this Lease. The Tenant shall give the Landlord access to its pertinent corporate records, from time to time, on three (3) days notice, in order to determine whether a change in control has taken place. The Tenant will pay the Landlord's reasonable costs for reviewing any request for consent hereunder and the preparation of all documentation to be entered into with the assignee or subtenant. SECTION 13; DEFAULT 13.1 Tenant's Default Where the Tenant fails to perform or comply with any covenant, term or condition in this Lease to be performed or complied with by the Tenant, and the failure continues (a) in the case of payment of Minimum Rent or other payments deemed to be Rent for 15 days after the Rent is due, and-(b) in the case of any other covenant, term or condition of this Lease, for 15 days after receipt of written notice from the Landlord of the default where the Tenant has not cured or has not begun to cure acid is not diligently proceeding to cure the default, the Landlord may enter and take possession of the Premises with or without terminating this Lease. In taking possession of the Premises, the Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the Tenant, all without service of notice or resort to legal process and without being considered to have trespassed or becoming liable for loss or damage occasioned. thereby. If the Rent hereunder is overdue and the Premises are vacant; the Tenant shall be deemed to have abandoned the Premises and the Landlord shall be entitled to take immediate possession thereof. 131 Baulcruntcy or Insolvency If the Term or any of the goods and chattels of the Tenant on the Premises at any time during the Term me seized or taken in execution or attachment by a creditor of the Tenant, or if the Tenant or a guarantor or indemnifier of this Lease makes an assignment for the benefit of creditors or a bulk sale from the Premises or if a receiver -manager is appointed to control the conduct of the business on or from the Premises, or if the Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors, or if any order is made for the winding -up of the Tenant, or if the Premises, without the prior written consent of the Landlord, become and remain vacant for a period of fifteen (15) days or are used by any other person than those entitled to use them under the terms of this lease, or if the Tenant, without the prior written consent of the Landlord, abandons the Premises, the then equivalent current month's rent mid the next .ensuing equivalent three.(3) months' rent immediately will, where not already paid, become due and payable and the Landlord may re-enter and take possession of the Premises as though the Tenant or the servants of the Tenant or any other occupant of the Premises were holding over after the expiration of the Term and this Lease, at the option of the Landlord, shall forthwith become forfeited and determined. In every one of the cases above mentioned such rent will be recoverable by the Landlord in the same rummer as the rents hereby reserved and as if rent were in arrears and the option will be considered to have been exercised if the Landlord or its agents give notice to that effect to the Tenant. 13.3 Riaht to Role t . If the Landlord re-enters, as herein provided, it may either terminate this Lease or it may from time to linrc without terminating lire obligations of the Tenant under this lease, make alterations and repairs considered by the Landlord necessary to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or temrs and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting all rent and other -137- General Committee - February 5, 2008 to money received by the Landlord from the rcletting will be applied (a) to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (b) to the payment of costs and expenses of the reletting including brokerage fees and solicitor's fees and costs of the alterations and repairs and (c) to the payment of rent due and unpaid hereunder, not necessarily in that order. The residue, if any, will be held by the Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the relerting is less than the rent to be paid by the Tenant, the Tenant will pay the deficiency to the Landlord. The deficiency shall be calculated and paid on a monthly basis. No re-entry by the Landlord shall be construed as an election on its part to terminate this lease unless notice of that intention is given to the Tenant. Despite a rcletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. If the Landlord terminates this Lease for any breach, in addition to other remedies it may have, it may recover from the Tenant all damages it incurs by reason of the breach including the cost of recovering the Premises, all legal fees and disbursements incurred, and the value at the time of termination of the excess, if any, of the amown of rent and charges equivalent to rent reserved in this Lease for the remainder of the Term over the then reasonable rental value of the Premises for the remainder of the Term, all of which amounts will be iminediately due and payable by the Tenant to the Landlord. 13.4 Remedies Cumulative The Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the Tenmrt, either by any provision of this Icasc or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights mid remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general.law. 0.5 Waiver The waiver by the Landlord of a breach of a term, covenant or condition of this lease shall not be considered to be waiver of a subsequent breach of the term, covenantor condition or another term, covenant or condition. The subsequent acceptance of Rent by the Landlord will not be considered to be a waiver of a preceding breach by the Tenant of a term, covenant or condition of this lease, regardless of the Landlord's knowledge of the preceding breach at the time of acceptance of the Rent. 13.6 Waiver of Distress The Tenant waives and renounces the benefit of any present or future law taking away or limiting the rights of the Landlord against the property of the Tenant and notwithstanding any such law, the Landlord may seize and sell all the goods and property of the Tenant, whether within the Premises or not and apply the proceeds of such sale to rent and all other.amounts outstanding and to the costs of the seizure and sale in the same manner as might have been done if such law had not been passed. The Tenant further agrees that if it vacates the Premises and any rent or other amounts provided to be paid under this lease are unpaid, the Landlord, in addition to any remedy otherwise provided by law, may seize and sell the goods and chattels of the Tenant at any place to which the Tenant or any other person may have removed them, in the same manner as if such goods and chattels had remained upon the Premises. _ SECTION 14: MISCELLANEOUS 14.1 Rental Signs The Landlord may within six (6) months before the expiration of the Term, exhibit the Premises to prospective tenants and, place on the Premises a notice of reasonable dimensions stating that the Premises are for rent -138- General Committee - February 5, 2008 11 14.2 Entry.by Landlord Notwithstanding any other provisions of this Lease, the Landlord may enter the Premises, at all reasonable times, for the purpose of inspecting same and for such other purpose as the Landlord may consider necessary for the protection of its interest under this Lease. 14.3 Notleas Any notice or communication to be given under this Lease shall be in writing, may be delivered personally or sent by facsimile, charges prepaid as described below, and shall be deemed to have been validly and effectively given and received if delivered personally, on the date of such delivery, and if transmitted by facsimile, on the date received unless in either case such notice or communication is received as the case may be after 3:00 p.m. local time or on a day other than a Business Day (being Monday through Friday both inclusive except for statutory holidays in the Province of Ontario) in which case such notice or communication shall be deemed to be received on the next Business Day. Any such notice or communication shall be addressed to the parties hereto at their addresses or facsimile numbers set out below (or such other address or facsimile number for a party as may be designated by such party front time to time by notice): Landlord: The Corporation of the Town of Aurora 100 John West Way, P.O. Box 1000 Aurora, Ontario, L40 6JI Attention: Director of Leisure Services Telephone No.: (905) 727-3123 Fax No.: (905) 727-4993 E-Mail Address:www.town.aurorami.ca Tenant: Pine Tree Potters 15145 Yonge Street Aurora, Ontario Attention: Lisa Frandsen Burton, President Telephone No,: (905)727-1278 Such notice or communication may also be mailed in Canada by prepaid registered mail addressed to the party at the above address or such other addresses designated by the party from time to time in which case it shall be deemed to have been delivered on the fourth. Business Day after mailing. 14.4 Successors and Assigns This Lease shall entire to the benefit of and be binding upon the successors and assigns of the Landlord and the permitted successors and permitted assigns of the Tenant, where the written consent of the Landlord has been so provided. 14.5 Waiver If the Landlord shall overlook or excuse any default by the Tenant of any obligation hereunder this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default and no waiver shall be effective unless expressed in writing. The acceptance of Rent by the Landlord from the Tenant or any other entity will not be considered to be a waiver of a breach by the Tenant of its obligations hereunder regardless of the knowledge of the Landlord of the breach at the time of acceptance of the Rent. 14.6 Force Weare If and to the extent that either the Landlord or the Tenant shall bona fide be prevented, delayed or restricted in the fidfillment of any obligation hereunder other than the payment of Rent or other moneys due as a consequence of any cause beyond the control of the - parry affected thereby which prevents the performance by such party of any obligation hereunder and not caused by its default and not avoidable by the exercise of reasonable - 139. - General Committee - February 5, 2008 -12- effort including, without limitation, strikes, labour disturbances, civil disturbance, acts, orders, legislation, regulations or directives of any government or public authority, acts of a public enemy, war, riot, sabotage, earthquake, fire, storm, hurricane, flood, explosion or act of God, it shall be deemed not to be a default in the performance of such obligation and any period for the performance of such obligation shall be extended accordingly and the other party to this Lease shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.7 Registration The Terrain will not register this lease, but nevertheless if the Tenant desires to register a notice of this lease the Landlord will execute a notice or acknowledgement sufficient for the purpose in such farm as the Landlord shall have approved and which stall describe only the parties, the Premises and the Term, all costs of which acknowledgement shall be paid for by the Tenant. . 14.8 Accord And Satisfaction No payment by the Tenant or receipt by the Landlord of a lesser amount than the amount of Rent herein stipulated will be considered to be other than on account of the earliest stipulated Rent, nor will an endorsement or statement on a cheque or in a letter accompanying a cheque or payment as rent be considered to be an accord or satisfaction, and the Landlord may accept a cheque or payment without prejudice to the Landlord's right to recover the balance of the Rent and/or pursue any other remedy. 14.9 No Partnership The Landlord. does not in any way or for any purpose become a partner of or joint venturer or a member of a joint enterprise with the Tenant. 14.10 Vacating/Deemed Surrender If, from time to time during the Term, the Tenant ceases to occupy all or any part or parts of the Premises, the Landlord may give thirty (30) days' written notice to the Tenant that it intends to terminate the lease in respect of such part or parts, whereupon the Tenant may within such thirty (30) day notice period, respond to the Landlord by written notice that it still needs the space, and giving reasons for the vacancy. If the Tenant does not respond or, having responded, does not reoccupy the space within a reasonable period of time, (having regard to the reason given for the vacancy) or, if the reasons given are not reasonable in the sole opinion of the Landlord, the Landlord shall be entitled to reoccupy the part of the Premises and thereafter the Tenant shall have no further right of occupancy or possession of such part of the Premises, nor except for a proportionate reduction in Rent, the Tenant shall have no claims, including claims for costs, or other recourse against the Landlord under the terms of this Lease or otherwise and it shall be deemed a partial surrender of this Lease as to the space in respect of which the notice was given to the intent that neither party shall have any claim against the other in respect of such space. The Tenant shall also have the right from time to time to surrender the Lease in whole or in part. In either case, "Library", "Premises", "Minimum Rent" shall be redefined taking into account the reduced space subject to this Lease and the Tenant shall be automatically released from all obligations in respect of the space so surrendered or deemed surrendered. 14.11 Amendmenttohe in Writing No alteration, amendment, change or addition to this Lease will bind the Landlord or the Tenant unless in writing and signed by them. 14.12 Joint and Several Liability If two or more individuals, corporations, partnerships or other business associations (or a combination of two or more) are the Tenant, the liability of each individual, corporation, partnership or other business association to pay Rent and perform all other obligations hereunder shall be joint and several. If the Tenant is a partnership or other business -140- General Committee - February 5, 2008 -13 association the members of which are by virtue of statute or general law subject to .personal liability, the liability of each member shall bejoint and several. 14.13 Counterpart Execution This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together shall constitute one and the same instrument. 14.14 Recitals The parties hereby represent and warrant to each other that the recitals expressed above are true in substance and in fact. The Landlord and Tenant hereby confirm, adopt and incorporate the recitals into this Lease. SFCTiON IS: ENVIRONMENTAL OBLIGATIONS 15.1 Definitions As used herein: (a) "Environmental Laws" means all applicable federal, provincial, regional, municipal or local statutes, regulations or by-laws or any legally enforceable policies, codes, guidelines or directives issued by any govermnental authority including without limitation, the Ministry of the Environment, the Ministry of Consumer and Commercial Relations or the Technical Standards and Safety Authority relating to pollution or protection of human health or the environment, as they may be amended from time to time.. Without limiting the generality of the foregoing, "Envirownened Laws" shall include the Guideline. (b) "Guidelines" shall mean the Guidelines for Use at Contaminated Sites in Ontario issued by the Ministry of the Environment. (c) Hazardous Substances" means any substance or material that is prohibited, controlled or regulated under any Environmental Laws, including without limiting the generality of the foregoing, any paints, solvents, PCBs, asbestos, contaminants, pollutants, dangerous substances, toxic substances, designated substances, controlled products, wastes, hazardous materials, dangerous goods or petroleum, its derivatives, by-products or other hydrocarbons, fumes, acids, alkali or toxic chemicals in liquid, gaseous or solid form. (d) "Release" has the meaning contained in any Environmental Law and includes, without limitation, any release, spill, emission, leak, pumping, injection, abandonment, deposit, disposal, discharge, dispersal, leaching, migration, pouring, emptying, escape, dumping, spraying, burying, incinerating, seeping or placing of hazardous Substances, including the movement of hazardous Substances through, on, under or in the air, soil, subsurface strata, surface water or groundwater. (e) "Remediate" means the treatment, excavation, removal or disposal of any part or parts of the Premises in order to remove Hazardous Substances therefrom and Remediation has a corresponding meaning. 15.2 Environmental Compliance (a) The Tenant shall conduct all of its operations on the Premises in strict compliance with all Environmental Laws and shall not, except as permitted pursuant to Environmental Laws, cause or permit to be caused by any act, practice or omission or by negligence or otherwise any adverse effect on the natural environment, as such leans may be defined or applied under Environmental Laws. Without limiting the generality of the foregoing, the Tenant shall obtain all licences, permits, certificates of approvals and approvals, if required, under all Environmental Laws for its operations on the Premises. - 141 - General Committee - February 5, 2008 -14- (b) The Tenant shall not cause or allow any Hazardous Substances to be used, generated, stored or disposed of, under or about or transported from the Premises except in strict compliance with all Environmental Laws and only in such amounts as are reasonably necessary in connection with the.permitted use of the Premises under this Lease and using all necessary and appropriate precautions with respect to such Hazardous Substances. The Tentan shall obtain all licences, permits, certificates of approval, approvals and generator registrations required under Environmental Laws with respect to all such Hazardous Substances. (c) The Tenant shall provide copies to the Landlord of all licences, permits, certificates of approval, approvals acid generator registrations required under this Section within ten (10). days of demand therefor by the Landlord, provided that receipt or review of same by the Landlord shall not obligate the Landlord to take any action hereunder with respect to any conditions on the Premises. (d) The Tenant shall not permit any waste to accumulate at the Premises other than in compliance with Environmental Laws and shall ensure all such waste is removed by a licenced hauler in compliance with all Environmental Laws. 'fhe Landlord may, at any time and from time to time, inspect the Premises and the Tenant's records to determine whether the Tenant is fully complying with Environmental Laws and its environmental obligations under this Lease. The Landlord may also, at any time and from time to time, inspect the Premises to evaluate the environmental risk. Where the Landlord reasonably considers it necessary, the inspection may be performed in whole or in part by experts and may include sampling, monitoring mid other tests, all performed at the Tenant's expense. If the Landlord's inspection discloses a breach of Environmental Law. or a fact situation which could reasonably be anticipated to result hi a breach of Environmental Law, the Landlord will have the right to take whatever steps are reasonably required to rectify such breach or prevent such breach from occurring, as the case may be. Where the Landlord has either carried out an order thereto or has cleaned -up or restored a discharge or has otherwise. incurred any expense or damage relating to an environmental problem caused by the Tenant or its members, employees, suppliers, invitees, customers or those for whom, it is responsible in law, the Tenant will indemnify the Landlord for all costs incurred by the Landlord with respect thereto together with a reasonable administration fee. The provisions of this Section will survive the termination of die Lease in respect of every event occurring during the Term, renewal, extension or overholding. IN WITNESS WHEREOF the Landlord and Tenant have executed this agreement as of the date first written above. OF THE TOWN OF APPROVED _r �. TOWN OF AURORA. Tim J s Mayo Council 000.+ Committee -4, Aec�rc u2 Date d:ec• in 107- Bob Pan' Clerk Report # LSO o� - (?51 (We have authority to bind the Corporation) PINE TREE POTTERS per: Title: -142- General Committee - February 5, 2008 (I/We have the authority to bind the Corporation) APPROVED rL Councii ©a - ` l0 Committeeoz-A$.,. er -,L Jaz Date 1,. 1-4102 ..�.- ReportN -143- General Committee - February 5, 2008 Al iE NDA 1 d 6M 0 —LAX / TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No.LS08-003 SUBJECT: Pathway Lighting Lambert Willson Park FROM: Allan D. Downey, Director of Leisure Services DATE: . February 5, 2005 RECOMMENDATIONS THAT Council authorize an expenditure of $20,040.00 for the purchase of additional walkway light fixtures, lamps and underground cable for Lambert Willson Park. BACKGROUND In the 2007 Capital Budget Council approved a budget amount of $25,000 forthe purchase of replacement lighting components for the park pathways in Lambert Willson Park. These replacement lighting components included concrete poles and light fixtures and wererequired to replace the existing aging and deteriorated pathway lighting equipment originally installed when the park was built in 1988/89. In preparing the 2007 Capital Budget, the estimate of $25,000 was considered adequate for replacing the existing 19 light poles and fixtures. Priorto moving forward with the project staff retained the services of a park lighting consultant to prepare the lighting layout plan and electrical circuitry plan required to obtain the necessary permits and electrical safety approvals. During this process it was determined by our park lighting consultant that the existing lighting equipmentwas'not originally designed to meetthe minimum acceptable standards for walkway lighting. As such, it was highly recommended that the replacement lighting be upgraded to meet current standards. In addition to this, it was also recommended that the pathway lighting be extended further north to Diamond #4 for the purposes of continuity and to assist park users in exiting and entering the facility during the nighttime hours. As a result of these recommendations, the total number of light poles will increase to 33 resulting in the need to add an additional 14 poles and light fixtures. As a result of this it will be necessary to increase the number of light fixtures, underground cable and poles to meet current standards. Earlier in 2007 staff issued a Request for Quotation for a quantity of light poles, electrical cable and light fixtures for this project. In view of the additional cost associated with the light fixtures, lamps and underground cable, staff have not authorized this portion of the expenditure however, the supplier who submitted the lowest quotation has agreed to honour their original price until the outcome of Council's decision on this matter. ..../2 WiCLE General Committee - February 5, 2008 February 5, 2008 -2- Report No. LS08-003 COMMENTS The existing walkway lighting in Lambert Willson Park consists of a high output metal halide luminare with a custom fixture.that is no longer available on the market. In addition, the beam pattern of the luminare is such that it broadcasts light in a non -uniform pattern which tends to spill light unnecessarily into areas far beyond the pathway areas. By comparison the replacement equipment proposed for installation is now the standard throughout our parks system and many others throughout out the Greater Toronto Area. As a result, the fixture and its components are reasonably priced, readily available, very durable and far more efficient in terms of electrical consumption based on lower wattage, high pressure sodium lamps. In addition, the lamps and fixture reflectors are an improved design to direct light to the ground resulting in less spill and poles area placed in the correct alignment to achieve overlap lighting between each pole. This will eliminate the shadows and darkness between poles and improve visibility for park users in keeping with CPTED principals and park security. As an alternative to the above standard park lighting equipment, staff investigated the feasibility of sourcing LED lighting equipment in view of its increased life cycling and energy efficiency. In their research, staff was advised that the advent of LED lighting continues to show potential for the future, however it was noted that a LED lighting project does exist at the Go Transit parking lot in the village of King City. Staff was advised that current technology in LED lighting requires substantially more light fixtures to achieve a similar level of light emitted from HPS (high pressure sodium) type lighting. Further, costs associated with LED lighting are viewed as extremely high, being up to 6 times the cost of a typical HPS fixture. This would significantly impact on any efficiency savings or "payback" on the initial investment. Staff has also determined that there is a lack of available information on life cycling of commercial LED lighting. Claims of long life expectancy e.g. 50,000 hours cannot be confirmed orverified as the LED technology atthis level has simply not been in service for this length of time. OPTIONS 1. As recommended. 2. Council defer the purchase of the lighting fixtures and direct staff to include this item in the 2009 Capital budget, however this would delay the installation of the lighting equipment for at least another year. 3. Council could approve a partial expenditure and phase the lighting project in over a two (2) year period, however this too would delay the project and result in inefficiencies with retendering for the lighting components.and mobilizing staff and equipment. ...13 -145- General Committee - February 5, 2008 February 5, 2008 - 3 - Report No. LS08-003 FINANCIAL IMPLICATIONS Costs associated with the purchase of the lighting equipment are broken down as follows: 2007 APPROVED BUDGET FOR 19 REPLACEMENT LIGHTING POLES AND FIXTURES $26,000 LIGHT POLES $780.00 ea.x 19 = $14,820.00 LIGHT FIXTURES $372.00 ea.x 19 = $ 7,068.00 LAMPS $10.00 ea. X 19 = $ 190.00 CABLE $3,000. $ 3,000.00 Total: - $25.979.00 ADDITIONAL 14 LIGHT POLES AND FIXTURES REQUIRED LIGHT POLES $760.00 ea. X 14 = $10,920.00 LIGHT FIXTURES $372.00 ea. X 14 = $ 4,480.00 LAMPS $10.00 ea. X 14 = $ 140.00 CABLE $2,600.00 $ 2,500.00 DESIGN $2,000.00 2,000.00 Total: $20 4Q 0 00 Should Council approve this expenditure, the Director of Financial Services has advised that sufficient funds for this expenditure are available in the Major Capital Repairs Reserve Account. CONCLUSIONS That Council authorize the additional expenditure of $20,040.00 and that the lighting replacement project is completed as currently designed LINK TO STRATEGIC PLAN Goal C: Promote a healthy environment that fosters social and physical well being Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens Objective 1132: Promote and market the beauty and uniqueness of the historic and natural areas throughout Aurora Objective Cl: Maintain, respect, preserve and enhance natural environment, natural heritage and green spaces , Objective C2: Enhance and promote public safety .../4 -146- General Committee - February 5, 2008 February 5, 2008 - 4 - Report No. LS08-003 Objective C4: Encourage healthy lifestyles by.promoting healthy, active lifestyle choices Objective 131: Continue the commitment of fiscal responsibility and accountability Objective 132: Enhance customer service Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision -making Objective D4: Create a respectful environment that fosters team work and open dialogue, consistent with a Character Community. These Objectives acknowledge the responsibilities required by governance that contribute to informed and involved citizens. ATTACHMENTS Attachment #1;. Pathway lighting plan showing existing and proposed additional lighting. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, January 23, 2008. Prepared by: Jim Tree, Parks Manager- Ext. 3222 Allan D. Downey_ n S. Rogers Director of Leisure Services Chief Adminisfrative Officer -147-