The URL can be used to link to this page

AGENDA - General Committee - 20080617AURORA GENERAL COMMITTEE AGENDA N0.08-Y6 flESDAY, ]ONE 17, 2006 1:00 P.M. COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 11 /06/08 AUIZURA TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 08-26 Tuesday, June 17, 2008 7:00 p.m. Council Chambers Councillor Collins-Mrakas in the Chair I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. 111 ADOPTION OF PREVIOUS MINUTES General Committee Meeting Minutes, 08-25, June 3, 2008 pg. 1 RECOMMENDED: THAT the General Committee Meeting minutes 08-25 be adopted. IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee Meeting No. 08-26 Tuesday, June 17, 2008 Page 2 of 8 V1 DELEGATIONS None VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX NEW BUSINESS/GENERAL INFORMATION —COUNCILLORS X CLOSED SESSION None XI ADJOURNMENT General Committee Meeting No. 08-26 Page 3 of 8 Tuesday, June 17, 2008 AGENDA ITEMS 1. ART08-04 — Arts & Culture Advisory Committee Meeting Minutes pg. 10 May 22, 2008 K 3 4. RECOMMENDED: THAT the Arts & Culture Advisory Committee Meeting minutes from the May 22, 2008 meeting be received and the recommendations contained therein be approved. CS08-026 — Codes of Conduct for Members of Council and Committees RECOMMENDED: pg. 17 THAT Council enact the proposed by-laws to adopt and implement the Code of Conduct for Members of Council and the Code of Conduct for Members of Advisory & Statutory Committees; and THAT staff report back on the details required to engage the services of an Integrity Commissioner on a retainer basis, including a job description and the process for recruitment. CS08-025 — Newspaper Distribution Boxes RECOMMENDED: pg. 39 THAT Council approve the enactment of the proposed by-law to license and regulate the location of newspaper distribution boxes in the Town of Aurora; and. THAT the Mayor and Town Clerk be authorized to execute an agreement with Creative Outdoor Advertising for the provision of Newspaper Distribution Boxes Corals. CSO8-027 — Council Pending List RECOMMENDED: THAT report CS08-027 be received for information purposes. I• . b General Committee Meeting No. 08-26 Tuesday, June 17, 2008 Page 4 of 8 61 El LS08-030 — Library Building Automation System RECOMMENDED: pg. 91 THAT Council authorize Leisure Services staff to proceed with updates to the building automation and controls system at the Aurora Public Library for heating, ventilation and air conditioning controls in lieu of Capital Project #71046 to re -paint the Aurora Community Centre Arena #2 metal roof system. PW08-022 — Lead Sampling Update pg. 95 THAT report PW08-022 — Lead Sampling Update, be received for information: and THAT Council approve the continuation of the lead testing program with the use of in-house staff. 7. PWO8-025 — Award of Tender PW2008-37 — pg. 98 For the Supply and Operation of Four Snow Removal Trucks RECOMMENDED: THAT the number of snow plow routes increase by one additional route to a total of nine routes, of which four routes will be maintained by external contract services and five routes will be maintained by Town staff; and THAT Tender No. PW2008-37 for the supply and operation of four snow removal trucks be awarded to 614128 Ontario Ltd. c/o Trisan Construction Ltd in the amount of $378,980.00 plus GST per year for a period of three years. 8. PW08-026 — Investigation of a Snow Windrow Clearing Program pg. 102 for Seniors and Physically Challenged Residents RECOMMENDED: THAT Council consider the implementation options outlined in this report and provide direction. General Committee Meeting No. 08-26 Tuesday, June 17, 2008 Page 5 of 8 F] 10. 11 PW08-024 — Municipal Access Agreement — Town of Aurora and Rogers Communications Inc. RECOMMENDED: pg. 126 THAT Council authorize the Mayor and Clerk to execute the attached Municipal Access Agreement between the Town of Aurora and Rogers Communications Inc. to permit Rogers Communications Inc. to install its equipment within Town -owned rights -of -way under the terms and conditions of the Municipal Access Agreement. PW08-027 — Award of Tender PW2008-03 — Reconstruction of Boulding Drive and Navan Crescent RECOMMENDED: pg. 162 THAT Tender PW2008-02 - Reconstruction of Boulding Drive and Navan Crescent be awarded to IL Duca Contracting Inc. at its tendered price of $618,105.50, excluding GST; and THAT the variances in the storm sewer costs for this project of $9,828.00 be funded from the Storm Sewer Reserve; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and IL Duca Contracting Inc. for the reconstruction of Boulding Drive and Navan Crescent. PW08-028 — Replacement of Downtown Core Waste Receptacles with Town Stream Receptacles RECOMMENDED: pg.173 THAT Council provide direction on the preferred two stream waste receptacles for the downtown core; and THAT staff be directed to execute the procurement of the preferred receptacles in accordance with the purchasing by-law and within the current approved budget of $10,000. General Committee Meeting No. 08-26 Page 6 of 8 Tuesday, June 17, 2008 12. PW08-019 — Introduction of a "Bag Tag" System pg. 182 (deferred from June 3, 2008 General Committee Meeting) RECOMMENDED: THAT Council adopt the implementation of a "Bag Tag" program as outlined in the details of Report No. PW08-019; and THAT Council amend the Town's current Waste Management By-law No. 4931.07.E to incorporate the provisions of the new "Bag Tag" program. 13. PL08-050 — Application for Site Plan Approval pg. 207 Sarjeant-McKoy Holding Inc. 32 & 66 Don Hillock Drive File D11-05-08 RECOMMENDED: THAT subject to any issues or comments raised by Council, Site Plan Application D11-05-08 be approved to permit the construction of a 4,123.43m2 (44,385.76ft2) office and warehouse; and, THAT Council authorize the Mayor and Clerk to execute the site plan agreement. 14. PL08-061 — Downtown Secondary Plan RECOMMENDED: pg..215 THAT, the attached Draft Terms of Reference for the comprehensive review and preparation of a Secondary Plan for the Downtown be approved; and THAT, Staff initiate a Request for Proposal process to retain the required consultants to undertake the downtown secondary planning process subsequent to the completion and Council approval of the Terms of Reference; and THAT, an Ad Hoc Advisory Committee be established to provide guidance to staff and the consultants during the downtown secondary planning process study. General Committee Meeting No. 08-26 Tuesday, June 17,2008 Page 7 of 8 15. PL08-069 — Zoning By-law Amendment and Site Plan Application pg. 221 Imperial Oil Ltd. Part of Lot 21, Concession 2 1472 Wellington Street East Files D14-02-08 and D11-21-05(A) RECOMMENDED: THAT Implementing Zoning By-law 5039-08.D be enacted to permit a drive-thru and a take-out restaurant as additional permitted uses to the existing "Service Commercial C3-1 Zone (Rural)"; and THAT subject to any issues or comments raised by .Council, Site Plan Amendment Application D11-21-05 (A) be approved to permit the construction of a drive-thru facility; and THAT Council authorize the Mayor and Clerk to execute the Site Plan Amendment Agreement. 16. LS08-029 — Brookvalley Development Park Construction pg. 232 RECOMMENDED: THAT Council approve the design and construction of the neighbourhood park in the Brookvalley Developments Inc. subdivision development; and THAT $242,891.42 be credited for the completion of this park. 17. PL08-071 — Release for Registration pg. 238 Brookvalley Developments (AURORA) Ltd. Part of Lot 15, Concession 2, E.Y.S File D12-05-02A RECOMMENDED: THAT the Mayor and Clerk be authorized to execute a Subdivision Agreement between The Corporation of the Town of Aurora and Brookvalley Developments (AURORA) Ltd. in accordance with the draft approved conditions dated November 1, 2006, subject to the provision of financial payments and securities as set out on Schedules "K" and "L" of the Agreement substantially in the form attached; and, THAT Council enact Amending By-law 5040-08.R. General Committee Meeting No. 08-26 Tuesday, June 17,2008 Page 8 of 8 18. ADM08-008 - 404 Gateway Sign pg. 288 RECOMMENDED: THAT Council approve the construction of one. gateway sign, located within the loop, on the northbound lane of Highway 404; and THAT Council approve the 404 sign should be lit with a standard electrical hook-up. GENERAL COMMITTEE - JUNE 17, 2008 Minutes - 1 AURORA TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO, 08-25 Council Chambers Aurora Town Hall Tuesday, June 3, 2008 ATTENDANCE COMMITTEE MEMBERS Councillor Granger in the Chair; Mayor Morris, Councillors Buck, Collins-Mrakas (left at 10:45 p.m.), Gaertner,. Gallo, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, and Council/Committee Secretary, Councillor Granger called the meeting to order at 7:07 p.m. DECLARATIONS OF PECUNIARY INTEREST Councillor McRoberts declared an interest in item 7 — PLOS-057 - Application for Minor Site Plan Approval York Region Board of Education, by virtue of his employment with the Board of Education and did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. Councillor Gallo declared an interest in item 6 - PL08-056 — Proposed Alterations to the Wellington Street Centre Median, due to having a family member who is employed with the anchor tenant, and did not take part in or vote on any questions in this. regard or attempt in any way to influence the voting on such questions. if APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: ➢ Additional Material for Delegation a) Ms Susan Dobson, The Women's Support Network of York Region Re: "Sexual Harassment Awareness Week" D Additional Material for Delegation b) Ms Yvonne Cattrall, Aurora Selkies Swim Club Re: Request for Equal Rights for Pool Use in Aurora ME GENERAL COMMITTEE - JUNE 173 2008 General Committee Report No. 08-25 Tuesday, June 3, 2008 NEW Delegation d) Mr. John McGovern, Rice Commercial Group, Mr. Anthony Longo, Longo's Brothers Food Market Ms Kate Holloway, Carbonzero Mr. Michael Rice, Rice Commercial Group Re: Item 6 — PL08-056 - Proposed Alterations to the Wellington Street Centre Median between John West Way and Bayview Avenue Associated with an Application for Site Plan Approval ➢ NEW Delegation e) Ms Diane Silverio Re: Item 2 (8) — TSAC08-03 — Traffic Safety Advisory Committee Meeting Minutes Obstructions on Pinnacle Trail ➢ Additional Material for Item 6 PL08-056 - Proposed Alterations to the Wellington Street Centre Median between. John West Way and Bayview Avenue Associated with an Application for Site Plan Approval CARRIED 111 ADOPTION OF PREVIOUS MINUTES Special General Committee —Audit Committee Meeting Minutes No. 08-23, Tuesday, May 20, 2008 General Committee Meeting Minutes, 08-24, May 20, 2008 General Committee recommends: THAT the Special General Committee —Audit Committee Meeting minutes 08-23, held on Tuesday, May 20, 2008 and the General Committee Meeting minutes 08-24, held of Tuesday, May 20, 2008 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 4, 6, 7, 10, 12, 14 and 15 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: HAC08-04 — Heritage Advisory Committee Meeting Minutes May 12, 2008 THAT the Heritage Advisory Committee Meeting minutes from the May 12, 2008 meeting, be received and the recommendations contained therein be approved. Minutes - 2 -2. GENERAL COMMITTEE - JUNE 17, 2008 General Committee Report No. 08-25 Tuesday, June 3, 2008 3. LSAG08-06 — Leisure Services Advisory Committee Meeting Minutes May 15, 2008 THAT the Leisure Services Advisory Committee Meeting minutes from the May 15, 2008 meeting, be received and the recommendations contained therein be approved. 5.. PW08-023 — Award of Contract for Consulting Services - Reconstruction of Sections of Mary Street and Industry Street— Results of Request for Proposals THAT the Director of Public Works be authorized to sign an Engineering Agreement with Totten Sims Hubickl Associates Limited (TSH) for the provision of consulting services for the preliminary and detail design for the reconstruction of Mary Street from Industrial Parkway .South to Industry Street and Industry Street from Mary Street to the Sheppard's Bush Conservation Area property limit, at a cost not to exceed $41,255, exclusive of G.S.T.; and Minutes - 3 THAT the variance in the amount of $6,265 be funded from the available - portion of the design of the reconstruction of Richardson Drive, Lee Gate, Hutchinson Road, Patrick Drive, and Webster Road. 8. PL08.068 — Application for Site Plan Approval 1207309 Ontario Inc. (Magna) Concession 2 E.Y.S. Part Lots 19 and 20 File D11-02-08' THAT report PLOS-058 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 construct a 3 storey Arts and Education building 9. PL08-059 — Application for Site Plan Approval 1435231 Ontario Inc. (Veritime Inc.) 159 and191 Don Hillock Drive File D11-03-08 THAT report PLO8-059 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 construct a 8,400m2 (90,400ft) multi -unit industrial building. 11. Memorandum from the Director of Corporate Services Re: Special General Committee — Audit Committee Meeting THAT the Special General Committee — Audit Committee meeting be rescheduled to Tuesday, June 24, 2008 beginning at 7:00 p.m. prior to the regular Council meeting. -3- GENERAL COMMITTEE - JUNE 17, 2008 General Committee Report No. 03-25 Tuesday, June 3, 2008 13. Notice of Motion tabled by Councillor Gaertner Re: Nokiidaa Trail THAT staff be requested to provide a report on the status of the linkage for the Nokiidaa Trail between the Town of Aurora and the Town of Newmarket. CARRIED VI DELEGATIONS (a) Ms Susan Dobson of the Women's Support Network of York Region Re: Sexual Harassment Week The delegate was not in attendance. (b) - Ms Yvonne Cattrall, Aurora Selkies Swim Club Re: Request for Equal Rights for Pool Use in Aurora Ms Yvonne Cattrall addressed General Committee to request equal access to prime pool time, specifically after school and early evening weekday hours. Ms Cattrall requested additional prime time pool hours (one or two lanes) beginning in September 2008 as follows: Wednesdays and Fridays from 6:00 a.m. to 7:30 a.m., and Mondays, Tuesdays, Wednesdays or Thursdays from 6:00 p.m. to 7:00 p.m. all at the Aurora Recreation Complex. General Committee recommends: THAT the comments of the delegate, and the additional material provided, be referred to the Director of Leisure Services for a report. CARRIED (c) Ms Rosemary Park, Chair, Board of Directors York Region Community Foundation Re: Local Donor Funding for Non -Profit Sports Groups Ms Rosemary Park addressed General Committee to request that the Town of Aurora support the concept of, and assist in the administration of flow -through funding from endowment funds established by local donors for non-profit sports associations in Aurora. General Committee recommends: THAT the comments of the delegate be received and referred to the Director of Financial Services for a report, in consultation with the Director of Leisure Services. CARRIED General Committee recommends: THAT Delegation e) — Ms Diane Silverio be brought forward at this time. CARRIED Minutes - 4 -4. GENERAL COMMITTEE - JUNE 17, 2008 General Committee Report No. 08-26 Tuesday, June 3, 2008 (a) Ms Diane Silveric, Re: Item 2(8) -- TSAC08-03 — Traffic Safety Advisory Committee Meeting Minutes Obstructions on Pinnacle Trail (Added Item) The delegate was not in attendance. (d) Mr. John McGovern, Rice Commercial Group Mr. Anthony Longo, Long's Brothers Food Market Ms Kate Holloway, Carbonzero Mr. Michael Rice, Rice Commercial Group Re: Item 6 — PL08-056 - Proposed Alterations to the Wellington Street Centre Median between John West Way and Bayvlew Avenue Associated with an Application for Site Plan Approval (Added Item) Mr. John McGovern, Rice Commercial Group, addressed General Committee to provide an overview of the comments received pertaining to installing a full -turns, signalized intersection on Wellington Street East, just west of Bayview Avenue. Mr. McGovern advised that York Region has provided approval, that Public Works confirmed it is technically feasible, that Central York Fire Services initially stated that right -in, right -out only would not be acceptable and that there would be no financial obligations to the Town of Aurora. From an environmental standpoint, Mr. McGovern advised that, based on findings by Carbonzero, there would be emissions reduction from the proposed new entranceway as well as a reduction in traffic from both eastbound and westbound lanes. Mr. McGovern also cited other. benefits of a full -turns access, such as convenient and safe access into the site; safe mid -block pedestrian crossing for the Holland Rive Trail; and "best case' scenario access for EMS and fire protection. Mr. Ed Waite, Bank of Montreal, addressed General Committee in support of the full -turns access, advising that a condition of the deal for the Bank of Montreal was that the full -turns access would be possible. Mr. Waite advised that this access is necessary in order to be competitive with other sites. Ms Kate Holloway, Carbonzero, addressed General Committee to advise that the effect of a full -turns access was studied and that the calculations provided by the Rice Commercial Group are correct. . Mr. Anthony Longo, Longo's Brothers Food Market, addressed General Committee in support of the full -turns access. Mr. Longo indicated that three factors are considered when looking for an appropriate location for a Longo's store: demographic fit, growing community and physical site. Within the physical site, Mr. Longo stated, factors which are considered are: sufficient parking, ease for customers to find the location and ease of access. Mr. Longo stated that, since over 65% of customers are expected to be arriving from the west, a full -turns access would be extremely important for ease of access into the site. Mr. Michael Rice, Rice Commercial Group, addressed General Committee to advise that he had originally neglected to address the matter of a full - turns access to the site, as he had underestimated two things: the resolve of staff to protect the median, and the need for the tenants to have a full - turns access. Mr. Rice reinforced the fact that a significant investment would be made by the Rice Group to alter the median. Minutes - 5 -5- GENERAL COMMITTEE - JUNE 17, 2008 General Committee Report No. 08-25 Tuesday, June 3, 2008 General Committee recommends: THAT the comments of the delegates be received for information. CARRIED General Committee recommends: THAT item 0 be brought forward_ for discussion. CARRIED Councillor Gallo, having previously declared an interest in item 6, did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. - 6. PLOS-056 — Proposed Alterations to the Wellington Street Centre Median between John West Way and Bayview Avenue, Associated with an Application for Site Plan Approval 15320 Bayview Avenue Holdings Limited 15320 Bayview Avenue, Aurora File Dll-03-07 General Committee recommends: THAT Council support a full -turns signalized intersection along Wellington Street, designed In accordance with the design parameters outlined by the Region of York. DEFEATED General Committee recommends: THAT the proposal by 15320 Bayview Avenue Holdings Limited for a full - turns intersection on Wellington Street from the lands known municipally as 15320 Bayvlew Avenue resulting in changes to the centre median and landscaping along Wellington Street from Bayview Avenue to John West Way not be supported. CARRIED General Committee recommends: THAT to facilitate the proposal by 15320 Bayview Avenue Holdings Limited to achieve enhanced access to the subject lands, a right-in/right- out access from Bayview Avenue be approved in addition to the right- in/right-out access from Wellington Street, CARRIED General Committee recommends: THAT the Region of York be informed of the Town's position with respect to the proposal by 15320 Bayview Avenue Holdings Limited (with respect to a full -turns intersection). CARRIED Minutes - 6 -6. GENERAL COMMITTEE- JUNE 17, 2008 General Committee ReportNo.08-25 Tuesday, June 3, 2008 General Committee recommends: THAT item 10 be brought forward for discussion. CARRIED 10, PLOS-061 — Application for Site Plan Approval 2163198 Ontario Inc. (Mainstay Suites Hotel) 4 Don Hillock Drive File: D11-06-08 General Committee recommends: THAT staff report back to Council before authorizing the Mayor and Clerk to execute the site plan agreement; and THAT a report be provided to Council on the final building elevations addressing any comments made by Council. CARRIED General Committee recommends: THAT items 14 and 15 be brought forward for. discussion. CARRIED 14. CS08-023 — Graffiti Abatement Program Funding General Committee recommends: THAT report CS08-023 be received as information; and THAT Council approve the hiring of two summer students to undertake graffiti removal from public facilities in Town; and THAT Council approve funding in the amount of $6,326, conditional on staff completing the sponsorship agreement with the Federal Government through Service Canada; and THAT funding for this program be provided through the Operating Budget Contingency Account, and THAT a letter be sent to the utility companies seeking permission for the Town to remove graffiti from their utility boxes- and requesting contribution towards the cost of graffiti removal. CARRIED General Committee recommends: THAT the meeting be extended past 10:30 p.m. CARRIED Minutes - 7 .7- GENERAL COMMITTEE - JUNE 17, 2008 General Committee Report No. 08-25 Tuesday, June 3, 2008 15. Motion Tabled by Councillor Collins-Mrakas Re: Sustainable Landscaping Provisions - General Committee recommends: ' THAT the matterbe deferred to.the June 10, 2008 Council meeting. CARRIED Councillor Collins-Mrakas left the meeting at 10:45 p.m. 4. PW08-019 —Introduction of a "Bag Tag" System General Committee recommends: THAT the matter be deferred to the June 17, 2008 General Committee meeting.. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None V111 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. TSAC08-03 —Traffic Safety Advisory Committee Meeting Minutes May 14, 2008 General Committee recommends: THAT the Traffic Safety Advisory Committee Meeting minutes from the May 14, 2008 meeting, be received and the recommendations contained therein be approved. CARRIED Councillor McRoberts, having previously declared an interest in item 7, did not take part in or vote on any questions in this regard or attempt in any way.to influence the voting on such questions. PL08-057 — Application for Minor Site Plan Approval York Region Board of Education 60 Wellington Street West Blocks C and D, Plan 617 and Lot 7 and Part of Lots 6 and 8 Part 1, 2, 5, 6, 7, 10 and 11 on Plan 65R-13015 File D11.04.08 General Committee recommends: THAT report PL08-057 regarding the expansion to the parking lot at the York Region Board of Education (Aurora Education Centre) offices be received as information. CARRIED Minutes - 8 GENERAL COMMITTEE - JUNE 175 2008 General Committee Report No. 08-26 Tuesday, June 3, 2008 12. Memorandum from the Director of Corporate Services Re: Replacement Committee Appointments General Committee recommends: THAT the matter be referred back to staff to review any other committee openings that may occur. CARRIED IX NEW BUSINESS/GENERAL INFORMATION-- COUNCILLORS None X CLOSED SESSION None XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 11:08 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-25 WAS CONSIDERED AND APPROVED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JUNE 10, 2008, WITH THE EXCEPTION OF ITEMS 6, 8 AND 10 WHICH WERE DISCUSSED AND APPROVED AS AMENDED. PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK Minutes - 9 MR GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 1 - 1 TOWN OF AURORA AURORA GENERAL COMMITTEE No. ART08-05 SUBJECT: Arts & Culture Advisory Committee Meeting Recommendation Summary from May 22, 2008 FROM: Arts & Culture Advisory Committee RATE: June 17, 2008 RECOMMENDATIONS 1. Arts & Culture Advisory Committee Meeting Record No. 08-04, dated Thursday, April 24, 2008 THAT the Meeting Record No. 08-04 dated Thursday, April 24, 2008 be adopted. Ms Ariana Moscote Freire, Novita Interpares Limited Aurora Arts and Cultural Centre Strategic and Business Planning Study Part One — Strategic Planning Report, and Part two — Business Plan Report for the Aurora Heritage Centre THAT the delegation by Ms Ariana Moscote Freire, Novita Interpares Limited and document entitled "Church Street School Cultural Centre, Strategic and Business Planning Study": • Part One - Strategic Planning.Report; and • Part Two -Business Plan Report -ADDED ITEM for the Aurora Heritage Centre; be received and approved, in principle, for the purpose of moving forward to the Implementation Plan for the project. 3. Copy of that the Society of York Region Artists (SOYRA) Agreement THAT the. Society of York Region Artists (SOYRA) Agreement be deferred to the June 24, 2008 Arts & Culture meeting. -10- GENERAL COMMITTEE - JUNE 17� 2008 ITEM # July 17, 2008 - 2 - Report No. ART08-05 4. Memorandum from the Manager of Programs & Community Development Re: Art Programs provided by Leisure Services THAT the memorandum from the Manager of Programs & Community Development regarding the Art Programs provided by Leisure Services be received. 5. Aurora Farmers' Market - Artists in the Park THAT the Aurora Farmers' Market Artists in the Park Notice be received. 6. Correspondence from the Ministry of Culture, Regional Advisor- Update on Cultural Mapping Project in York Region THAT the correspondence from the Ministry of Culture, Regional Advisor providing an update on Cultural Mapping Project in York Region be received as information. Media Advisory — 2008 Canada Day Parade Comes Alive! THAT the Media Advisory— 2008 Canada Day Parade Comes Alive, be received as information. 8. Media Advisory — Enter Now for Aurora Idol 20081 THAT the Media Advisory — Enter Now for Aurora Idol 2008, be received as information. ATTACHMENTS Attachment #1 — Arts & Culture Advisory Committee Minutes of May 22, 2008 Prepared by; Carol Clark, Council/Committee Secretary Ext. 4227 La��e Carol Clark Council/Committee Secretary On behalf of the Arts & Culture Advisory Committee - 11 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # AURORA COMMITTEE MINUTES MEETING NO. 08-05 Committee: Arts & Culture Advisory Committee Date: Thursday, .May 22, 2008 Time and Location: 7:00 p.m., Leksand Room Committee Members: Councillor Gaertner, Chair, Christopher Ballard, Councillor Granger, Catherine Molloy, Nadine Raymond, Vice -Chair, Helen Roberts, Jo-anne Spitzer (arrived at 7:35 p.m.) and Kenneth Whitehurst Absent: Jackie Bennett Other Attendees: John Gutteridge, Director of Financial Services/Treasurer, Melodie McKay, Manager, Programs and Community Development, Councillor McRoberts and Elma Stevenson, Committee Secretary The Chair called the meeting to order at 7:00 p.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Christopher Ballard Seconded by Catherine Molloy THAT the agenda with the following additional items be approved: Y Item 2 - Strategic and Business Planning Study - Part Two - Business Plan Report Item 6 - Correspondence from.the Ministry of Culture Regional Advisor - Update on Cultural Mapping Project in York Region ➢ Item 7 -Media Advisory— 2008 Canada Day Parade Comes Alive! Y Item 8 -Enter Now for Aurora Idol 20081 . mr-IRTSW -12- GENER�I�CjC�JVulllu�e AavEisary�Comm3teeR08ard No. 08-05 �TEM # 1:-4] Thursday, May 22, 2008 ADOPTION OF MINUTES 1. Arts & Culture Advisory Committee Meeting Record No. 08-04, dated Thursday, April 24, 2008 Moved by Nadine Raymond Seconded by Christopher Ballard THAT the Meeting Record No. 08-04 dated Thursday, April 24, 2008 be adopted. C�lt:71�i7 DELEGATION 2. Ms Ariana Moscote Freire, Novita Interpares Limited Aurora Arts and Cultural Centre Strategic and Business Planning Study Part One — Strategic Planning Report, and Part Two — Business Plan Report for the Aurora Heritage Centre Ms Ariana Moscote Freire was in attendance on behalf of Mr. Brian Arnott, Novita Interpares Limited toL present the April 24, 2008 Aurora Arts and Cultural Centre Strategic Business Planning Study - Part One - Strategic Planning Report and Part Two — Business Plan Report for the Aurora Heritage Centre. The committee held a lengthy work session and discussed both documents on a page -by -page basis. Ms Freire advised that she will prepare the Implementation Plan as the next step in the process, taking into account the changes and amendments as agreed upon and will highlight the changes in the final. Implementation Plan document. Moved by Councillor Granger Seconded by Kenneth Whitehurst THAT the delegation by Ms Ariana Moscote Freire, Novita Interpares Limited and document entitled "Church Street School Cultural Centre, Strategic and Business Planning Study": Part One - Strategic Planning Report; and Part Two - Business Plan Report - ADDED ITEM for the Aurora Heritage Centre; be received and approved, in principle, for the purpose of moving forward to the Implementation Plan for the project. IHe1NNlq�; -13- GENERArs &culture A7vEisory�ommitfee Record No. 08-OS ITEM # 1 - 5 Thursday, May 22, 2008 Moved by Christopher Ballard Seconded by Kenneth Whitehurst THAT the meeting be extended past 9:00 p.m. CARRIED MATTERS FOR CONSIDERATION 3. Copy of that the Society of .York Region Artists (SOYRA) Agreement Moved by Councillor Granger Seconded by Helen Roberts THAT the. Society of York Region Artists (SOYRA) Agreement be deferred to the June 24, 2008 Arts & Culture meeting. CARRIED INFORMATIONAL ITEMS 4. Memorandum from the Manager of Programs & Community Development Re: Art Programs provided by Leisure Services Moved by Kenneth Whitehurst Seconded by Christopher Ballard THAT the memorandum from the Manager of Programs & Community Development regarding the Art Programs provided by Leisure Services be received: CARRIED 5. Aurora Farmers' Market Artists in the Park Moved by Kenneth Whitehurst Seconded by Christopher Ballard THAT the Aurora Farmers' Market Artists in the Park Notice be received. e:: 0 -14- s%TW e��e1TEM # ursoviryommtee1 - 6 Thursday, May 22, 2008 a 7 9 Correspondence from the Ministry of Culture, Regional Advisor — Update on Cultural Mapping Project in York Region Moved by Kenneth Whitehurst Seconded by Christopher Ballard THAT the correspondence from the Ministry of Culture, Regional Advisor providing an update on Cultural Mapping Project in York Region be received as information. CARRIED Media Advisory -- 2008 Canada Day Parade Comes Alive! Moved by Kenneth Whitehurst Seconded by Christopher Ballard THAT the Media Advisory — 2008 Canada Day Parade Comes Alive, be received as information. Media Advisory — Enter Now for Aurora Idol 2008! Moved by Kenneth Whitehurst Seconded by Christopher Ballard THAT the Media Advisory Enter Now for Aurora Idol 2008, be received as information. CARRIED NEW BUSINESS Jo-anne Spitzer informed Committee that the production "Move Over Mrs. Markham" will be playing at Theatre Aurora, 150 Henderson Drive, Aurora during the first three weeks in June, 2008. Councillor Granger advised that the Grand Opening of the Aurora Farmer's Market will take place on May 31, 2008 at Aurora Town Park and encouraged members and their friends and family to attend. -1s- GENER r6R"1MfJX"SO7 "Fr??J&e?%2Pord No.08-05 �TEM # 1- 7 Thursday, May 22, 2008 ADJOURNMENT Moved by Jo-anne Spitzer THAT the meeting be adjourned at 9:55 p.m. r _ Councillor Wen y Gaertner, Chair CARRIED -16- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No.CS08-026 SUBJECT: Codes of Conduct for Members of Council and Committees FROM: Bob Paniiza, Director Corporate Services DATE: June 17, 2008 RECOMMENDATIONS THAT Council enact the proposed by-laws to adopt and implement the Code of Conduct for Members of Council and the Code of Conduct for Members ofAdvisory & Statutory Committees; and That staff report back on the details required to engage the services of an integrity Commissioner on a retainer basis, including a job description and the process for recruitment. BACKGROUND At the Council meeting of May 13, Council supported the recommendations contained in the staff report CS08-018 and approved with amendments the proposed codes of conduct of Members of Council and for Members of Advisory & Statutory Committees. As outlined, Council adopted with amendments the proposed codes of conduct. A copy of the resolution, including the amendments, is attached as Appendix #1 to this report. In order to implement the provisions of the Codes of Conduct it is necessary to enact governing by-laws to formally adopt the codes. A copy of the proposed by-laws and revised codes of conduct which incorporates the proposed amendments approved by Council are also attached as Appendix #2 and Appendix #3. Integrity Commissioner In orderto enforce the provisions of the Code of Conduct for Members of Council it is also necessary to appoint an Integrity Commissioner. According to the Municipal Act the Integrity Commissioner conducting an inquiry may: • have access to all municipal records and property for the purposes of the inquiry; and • exercise powers under the Public Inquiries Act to compel the attendance of witnesses, and to examine them under oath. -17- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 2.21 May 6, 2008 - 2 - Report No. CS08-018 The amendments to the Act also contain protections requiring the Integrity Commissioner to preserve secrecy with respect to any matters that come to his/her knowledge during the discharge of their duties. The Integrity Commissioner will report to Council following an investigation and that where a contravention of the Code of Conduct has been found, Council may impose a penalty on the Councillor who has committed the contravention. The penalties provided are either: a reprimand; or a suspension of the remuneration paid to the member in respect of his or her services as a Member of Council, as the case may be, for a period of up to 90 days. Determinations of a contravention of the Code of Conduct by an Integrity Commissioner and of a penalty imposed by Council has no built in statutory appeal mechanism. However either or both decisions could go through an appeal process created by Council. Such appeals could either go through Council, orto a special purpose body to be designated by Council. If appeals are to be permitted, rules and procedures to govern those appeals would have to be drafted and enacted by Council. . When the Integrity Commissioner is appointed, the Commissioner will follow the complaints and investigation procedure that is contained within Section 12 of the Code of Conduct for Members of Council, This complaint handling procedure governs both formal and Informal complaints. The Integrity Commissioner is not required to be an employee of the municipality, but does have reporting requirements directly to Council. It is therefore recommended that the Commissioner be hired on a retainer basis so that they can be called upon only when a formal complaint is lodged. OPTIONS Option #1 -- As stated in the recommendation of this report Option #2 — Not proceed with the search for the services of an Integrity Commissioner, however it should be pointed out that without an Integrity Commissioner the enforceability of the Code will become impractical without a third party adjudicator. FINANCIAL IMPLICATIONS The costs associated with the engagement of services of an Integrity Commissioner can not be determined at this time. It is proposed that the services of an Integrity Commissioner will be on a retainer basis, and those costs will be finalized once a selection is made. -18- GENERAL COMMITTEE - JUNE 179 2008 ITEM # May 6, 2008 - 3 - Report No. CS08-018 CONCLUSIONS In order to fully implement the entire process it is necessary to enact the proposed by-laws for the codes of conduct and initiate the search for the services of an Integrity Commissioner, LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. Objective 134: Create a respectful environment that fosters teamwork and open dialogue, consistent with a Character Community ATTACHMENTS 1. Appendix #1 — Council Resolution May 13, 2008 2. Appendix #2 — Draft By-law and Council Code of Conduct 3. Appendix #3 — Draft By-law and Code of Conduct for Members of Committees & Boards PRE -SUBMISSION REVIEW Management Team Review — June 4, 2008 by. B. Panizza ext. 4221 Bob PTfi1zza Director of Corporate Services "r John S. Rogers C.A.O. -19- GENERAL COMMITTEE - JUNE 17, 2008 Ve AuioRA EXTRACT FROM GENERAL COMMITTEE MEETING NO. 08-22 HELD ON TUESDAY, MAY 61 2008 & ADOPTED AT COUNCIL ON TUESDAY, MAY 13, 2008 22.. CS08-018 -Codes of Conduct for Members of Council and Committees General Committee recommends: THAT report CS08-018 be received and that the Code of Conduct for Members of Council and the Code of Conduct for Members of Advisory & Statutory Committees included as Appendix #1 and #2 to this report be adopted, subject to the following revisions: Section 3 - Communications and Media Relations Remove the following: Official information related to decisions and resolutions made by Council will normally be communicated to the community and the media in an . official capacity by the Mayor or designated staff member or through a Press Release issued by the. Corporation. Section 9 — Professional Development .Change wording as follows: Members have the opportunity to promote, support, pursue and partake in opportunities for professional development, including but not limited. to Federal, Provincial and Municipal conferences, seminars and workshops. Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and, effective as possible in the carriage of their duties and responsibilities. CORRESPONDENCE SENT BY: ACTION DEPT.: Corporate Services INFO DEPT.: CARRIED -20- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # APPENDIX #2 THE CORPORATION' OF THE TOWN OFAURORA By-law Numbl ;-08.0 BEING A BY. -LA W to Adopt a Code of Conduct for Members of Council. WHEREAS Section 223.2 of the Municipal Act 2001 S.O. 2001, c.25 as amended provides that municipalities may establish codes of conduct for Members of Council and local boards of the municipality; AND WHEREAS Council has deemed it expedient to formally adopt a Code of Conduct for Members of Council; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT the Code of Conduct governing Members of Council attached as Appendix #1 to this by-law be adopted. THAT upon the adoption of this Code of Conduct and thereafter at the beginning of each term of Council, Members of Council will be expected to sign two copies of the Code of Conduct to convey to each other and all stakeholders that they have read, understood and accept it. READ A FIRST AND SECOND TIME THIS 'DAY OF JUNE, 2008. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JUNE, 2008, PHYLLIS M. MORRIS, MA B. PANIZZA, TOWN CLERK -21- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 2 - s Policy Statement COUNCIL. CODE OF CONDUCT This Code of Conduct is a public declaration of the principles of good conduct and ethics that members of the Council of the Town of Aurora have decided its stakeholders could reasonably expect from the Members of Council to demonstrate in the performance and responsibilities as elected representatives. Attaining an elected position within.the community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders of the community and they are expected to become well informed on all aspects of municipal governance, administration, planning and operations. Purpose The Code of Conduct for Members of Council and related Town Policies identifies the Town's expectations of Council Members and establishes guidelines for appropriate. conduct to ensure that: • the decision making process of Town -Council is transparent, accessible and equitable. • . decisions are made through appropriate channels of government structure. • public office is not to be used for personal gain. • the conduct of Members of Council is of the highest standard. • . there is fairness and respect for the differences and a duty to work together for goodwill and common good. Principles of the Code of Conduct Although areas of ethical exposure are generally consistent and understood in municipal governance, the following areas and guidelines have been specifically identified as being paramount to the municipal political process: 1. Roles and Obligations 2. Confidentiality 3. Communications and Media Relations 4. Relations with Staff 5. Gifts, Hospitality and Benefits 6. Conflict of Interest — Pecuniary Interest -1- -22. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 7. Use of Property. 8. Transparency and Openness in Decision Making 9. Professional Development 10. Conduct at Meetings 11. Harassment 12. Compliance with the Code — Complaint Protocol 13. Implementation 1.. Roles and Obligations Council Members recognize their mandate incorporates tasks to: • fairly represent the diversity of community views in developing an overall strategy for the future of the Town. • set objectives and determine strategies to achieve the goals of the Town Corporate Strategic Plan. • achieve sound financial management, planning and accountability. • be aware of and understand statutory obligations imposed on Council as a Whole, as well as each individual Member of Council. 2. Confidentiality In their decision making process, Members of Council will have access to information that may be confidential or controversial such as, but not limited to "Closed. Session" meetings. Confidential information means any information that is of a personal nature to Town . employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Corporation or could give the person to Whom it is disclosed an advantage. Confidential information includes, but is not limited to the following information: disclosed or discussed at a Closed Session meeting of Council • that is circulated to Members of Council and marked "Confidential' that is given verbally in confidence in preparation of or following a meeting that is closed to the public and includes, but is not limited to the following types of information: personal matters about an identifiable individual(s); information about suppliers provided for evaluation which might be useful to other suppliers; matters relating to legal affairs of the Town; sources of complaints where the identity of the complainant is given in confidence; items Under negotiations; schedules of prices In contract tenders; personal information as defined in the Municipal. Freedom of Information and Protection of Privacy Act. -2- -23- GENERAL COMMITTEE - JUNE 1.79 2008 ITEM # 2 - 8 Members of Council shall not disclose or release by any means to any member of the public either in verbal or written form any confidential information acquired by virtue of their office except when required by law to do so. All information, documentation or deliberations received, reviewed or taken in Closed Session of Council and its committees is confidential until the matter ceases to be. confidential, as determined by Council. Members shall not permit any person other than those who are entitled thereto to have access to information that is confidential. Confidential information that is provided to Members by the Corporation does not belong to them. It is property that belongs to the Town. The obligation to keep information confidential is a continuing obligation even if the Member ceases to be a Member of Council. Members have the same access rights to municipal information as any other resident of the Town, unless. the information relates specifically to a matter before Council. Requests for information should be referred to the appropriate staff to be addressed either as an informal request for access.to municipal records, or as.a formal request under the Municipal Freedom of Information and Protection of Privacy Act. Members should be aware of the Administration Procedure No. 5, Council/Staff Communications: 3. Communications and Media Relations Members of Council will accurately and adequately communicate the attitudes and decisions of Council, even if they disagree with the majority decision of Council. Members shall show respect for the decision making process of Council. Information concerning adopted policies, procedures and decisions of the Council shall be conveyed openly and accurately. Confidential information will be communicated only when and after determined by Council. -3 -24- GENERAL COMMITTEE - JUNE 17, Zoos ITEM # 2 - s 4. Relations with Staff Members of Council shall acknowledge and respect the fact that staff work for the Town as a corporate body and are responsible for making recommendations that reflect their professional expertise and corporate objectives, without due influence from any individual member. In addition, Members shall acknowledge and respect the fact that staff carry out .directions of Council as a.whole and administer the policies of the Town. A Member of Council shall refrain from using their position to improperly influence members of staff in their duties or functions or to gain an advantage for themselves or others. Members of Council shall refrain from publicly criticizing: individual members of staff in a Way that casts aspersions on their professional competence and credibility. S. Gifts, Hospitality and Benefits Members may only receive gifts, hospitality or entertainment that are received as an incident of,protocol or social obligation that normally accompanies the responsibilities of elected office. Any gifts, benefits, or hospitality that exceeds these guidelines shall be returned with an explanation of this Code of Conduct. Gifts, souvenirs or mementos with a value greater than a nominal value, if accepted shall be the property of the Town. Members may accept hospitality or entertainment if the offer is infrequent and appropriate to the occasion. Nothing in this section prevents the receipt of personal gifts, benefits, rewards, commissions or compensation from any person or organization not connected directly or indirectly with the performance or duties of office. (i.e. full time employment with. another organization) Members may also accept the following: • political contributions that are otherwise offered, accepted and reported in accordance with applicable law. • food and beverages at banquets, receptions, ceremonies or similar events. • services provided by a person volunteering their time. • food, lodging, transportation and entertainment provided by other levels of government or boards or commissions. • a reimbursement of reasonable expenses incurred and honorariums received in the performance of activities connected with municipal associations or agencies. 53 11KRE GENERAL COMMITTEE - JUNE 17, 2008 ITEM. # 6. Conflict of Interest— Pecuniary Interest Members of Council will recognize their obligations to follow and respect the provisions of the Municipal Conflict of interest Act. 7. Use of Town Property Members may only use Town.property or services for activities connected with the discharge of official duties or associated community activities having the sanction.of Council or permitted by Town policies. 8. Transparency and Openness in Decision Making Members of Council will endeavour to conduct and convey Council business in an open and public manner, other than for those issues that may be discussed in Closed Session permitted by the Municipal Act, so that stakeholders can understand the process, logic and rationale which was used to reach conclusions or decisions. 9. Professional Development Members have the opportunity to promote, support, pursue and partake in opportunities for professional development, including but not limited to Federal, Provincial and Municipal conferences, seminars and workshops. Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. 10. Conduct at Meetings During Council, General Committee or any another advisory committee meetings, or working group meetings, Members shall conduct themselves with decorum and in accordance with the Town' Procedural By-law. Respect for delegations and for fellow Council Members and staff requires that all Members show courtesy and not distract from the business of Council during presentations and when other members have the floor. 11. Harassment Harassment of another Council Member, staff or any member of the public is prohibited under the Ontario Human Rights Code. In accordance with the Ontario Human Rights Code and the Town's Administration Procedure 44 — Harassment Free Workplace, it is the policy of the Town that alrpersons be treated with dignity and respect in the workplace in an environment free of discrimination and of personal and/or sexual harassment. -5- -26- GENERAL COMMITTEE - JUNE 17, 2008 ITEM Harassment, whether it occurs inside or outside the workplace but is, related to the work environment or activities of elected office is considered to be harassment and is inappropriate behaviour for the purpose of this Code of Conduct: Harassment includes, but is not limited.to any behaviour, conduct or comment by any person that is directed at or is offensive to another person on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, handicap, sexual orientation, marital status, or family status and any other grounds under the provisions of the Ontario Human Rights Code. Any complaints of harassment will be investigated in accordance with the procedures set out in the Town Administration Procedure 44, In the event that a resolution of the complaint is not achieved, any Member may request the complaint be dealt with in accordance with Section 12 of this Code. 12. Compliance with the Code— Complaint Protocol Where an alleged contravention of any provision of this Code of Conduct occurs, the following procedures,will be adhered to. Part A Informal Complaint Procedure Individuals (i.e. Town employees, members of the public or Members of Council) or organizations who have identified or witnessed behavior or an activity by .a Member of Council that they believe 'is in contravention of the Code of Conduct for Members of Council, may wish to address the prohibited behavior or activity themselves as follows: (1) advise the Member of Council that the behavior or activity contravenes the Code of Conduct; (2) encourage the Member of Council to stop the prohibited behavior or activity; (3) keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; (4) advise someone else (for example, another Member of Council or a senior staff member of the Town) about your concern, your comments, to the Member of Council and the response of the Member of Council; (5) if applicable, confirm to the Member of Council your satisfaction with the response of the Member of Council or, if applicable, advise the Member of Council of your dissatisfaction with the response: and (6) consider the need to, pursue the matter in accordance with the formal complaint procedure outlined in Part B, or in accordance with an applicable judicial or quasi- judicial process, on -27. GENERAL COMMITTEE - JUNE 179 2008 ITEM # Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means ,of stopping and remedying a behavior or activity that is prohibited by the Code of Conduct. However, it is not a precondition or a prerequisite that they pursue the informal complaint procedure prior to pursuing the formal complaint procedure in Part B. Part B Formal Complaint Procedure - Integrity Commissioner. 1. Complaint and Review Request (1) A Member Council, Town staff or member of the public who has reasonable and probable grounds to believe that a member of Council has contravened the Code of Conduct for Members. of Council, may request that the matter, or complaint be reviewed. (2) The complaint shall be in writing and shall be signed by the complainant(s). (3) A complaint shall set out the grounds for the belief and the contravention alleged and include a supporting affidavit that sets out the evidence in support of the complaint. For example, facts should include the name of the alleged violator, the provision allegedly contravened, facts constituting the alleged contravention, the names and contact information of witnesses, and contact information respecting the complainant during normal business hours., 2. Initial Classification by Integrity Commissioner (1) The complaint shall be filedwith the Director of Corporate Services who shall forward the matter to the Integrity Commissioner for initial classification to determine if the matter is, on its face, a complaint with respect to non-compliance with the Code of Conduct and not covered. by other legislation or other Council policies as described in subsection (3). '(2) If the complaint does not include a supporting affidavit, the Integrity Commissioner may defer the classification until an affidavit is received. (3) If the complaint, including any supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or a complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing as follows: -7- _28_ GENERAL COMMITTEE - JUNE 17, Zoos ITEM # (a) if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada; the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with the York Regional Police; (b) if the complaint on its face is with respect to non-compliance with the Municipal Conflict of Interest Act, the complainant shall be advised to review the matter with the complainant's own legal counsel; (c) if the complaint on its face is with respect to non-compliance with the Municipal. Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter will be referred to the Privacy Commissioner for review; (d) if the complaint on its face is with respect to non-compliance with a more specific Council policy with a separate complaint procedure, the complainant shall be advised that the matter will be processed under that procedure: and (e) in other cases, the complainant shall be advised that the matter, or part of the matter, is not within the jurisdiction of the Integrity Commissioner to process, with any additional reasons and ,referrals as the Integrity Commissioner considers appropriate. 3. Integrity Commissioner Investigation (1) If a complaint has been classified as being within the Integrity Commissioner's jurisdiction, the Commissioner shall investigate and may attemptto settle the complaint. (2) (3) The Integrity Commissioner will proceed as follows: (a) serve the complaint and supporting material upon the member whose conduct is In question with a request that a written response to the allegation be filed within ten days; and (b) serve a copy of the response provided upon thecomplainantwith a request for a written reply within ten days. If necessary, after reviewing the written materials, the Integrity. Commissioner may speak to anyone relevant to the complaint, examine any other documents relevant to the complaint and may enter any Town office relevant to the complaint for the purposes of investigation and settlement. -8- -29- GENERAL COMMITTEE - JUNE 173 2008 STEM # 2 - 14 (4) The Integrity Commissioner may make interim reports to Council as required to address any instances of interference, ,obstruction or retaliation encountered during the investigation. (5) The Integrity_ Commissioner shall submit a final report on the complaint to Council, no later than 90 days after the. making of the complaint, outlining the findings, the terms of any settlement, or recommended corrective action. (6) Any recommended corrective action must be permitted in law and shall be designed to ensure that the inappropriate behavior or activity does not continue. 4. Refusal to conduct inquiry (1) If the Integrity Commissioner is of the opinion that the referral of a matter to him .or her is frivolous, vexatious or not made in good faith, or that there are no grounds or. insufficient grounds for an inquiry, the Integrity Commissioner shall not, conduct an inquiry and shall state the reasons for not doing so in the report. (2) If the Integrity Commissioner determines that there has been no contravention of the Code of Conduct or that contravention occurred although the Member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the Integrity Commissioner shall so state in the report and shall recommend that no.penalty be imposed. 5. Copy of the Report (1) The Integrity Commissioner shall file a copy of the final report with Director of Corporate Services who will then provide a copy of .the report to the complainant and the Member of Council whose conduct is concerned. 6. Report to Council (1) The Director of Corporate Services shall process the report to the next meeting of Council 7. Duty of Council (1) Council shall consider and respond to the report within 90 days after the day the report is laid before it. 8. Annual Report (1) The Integrity Commissioner shall report annually to Council on complaints affecting the Council of the Town of Aurora or its Committees, filed with the Integrity Commissioner. 1.3 -30- GENERAL COMMITTEE - JUNE 177 2008 ITEM # 2. 15 13. Implementation Upon adoption of this Code of Conduct and thereafter at the beginning of each term, Council Members will be executed to sign 2 copies of the Code of Conduct.(one for the member and one for the Director of Corporate Services office) to convey to each other and all stakeholders that they have read, understood and accept it. A copy of the Code of Conduct will be included as part of the orientation workshop for all Council Members: Members are expected to formally and informally review their adherence to the provisions of this Code on a regular basis orwhen so requested by Council. Signature The undersigned hereby acknowledges that they have read, understood and accept this Code of Conduct. Signature of Member Printed Name of Member -10- Date -31 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 2 - 16 no APPENDIX #3 THE CORPORATION OF THE TOWN OFAURORA By-law Number -08.0 BEING A BY LAW to Adopt a Code of Conduct for Members of Advisory & Statutory Committees. WHEREAS Section 223.2 of the Municipal Act 2001 S.O. 2001, a25 as amended provides that municipalities may establish codes of conduct for Members of Council and local boards of the municipality;. AND WHEREAS Council has deemed it expedient to formally adopt a Code of Conduct for Members of Council; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT the Code of Conduct governing Members of Advisory and Statutory Committees attached as Appendix #1 to this by-law be adopted. THAT upon the adoption of this Code of Conduct and thereafter at the beginning of each term, Members of Committees will be expected to sign two copies of the Code of Conduct to convey to each other and all stakeholders that they have read, understood and accept it. READ A FIRST AND SECOND TIME THIS DAY OF JUNE, 2008. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JUNE, 2008. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, TOWN CLERK -32- GENERAL COMMITTEE - JUNE 173 2008 . ITEM # 2 - 17 CODE OF CONDUCT MEMBERS OF ADVISORY & STATUTORY COMMITTEES Policy Statement This Code of Conduct is a public declaration of the principles of good conduct and ethics that appointed members to Town of Aurora advisory and statutory. committees have decided its stakeholders could, reasonably expect from members to demonstrate in their performance and responsibilities as appointed representatives. Purpose The Code of Conduct for Members of Committees and related Town Policies identifies the Town's expectations of Members and establishes guidelines for appropriate conduct to ensure that: • the decision making.process of is transparent, accessible and equitable. • decisions,are made through appropriate channels of government structure.. • appointed office is not to be used for personal gain. • the conduct of Members is of the highest standard. • there is fairness and respect for the differences and a duty to work together for goodwill and common good. Principles of the Code of Conduct Although areas of ethical exposure are generally consistent and understood in municipal governance, the following areas and.guidelines have been specifically identified as being paramount to the municipal decision making process: 1. Roles and Obligations 2. Confidentiality 3. Communications and Media Relations 4. Relations with Staff 5. Gifts, Hospitality and Benefits , 6. Conflict of Interest - Pecuniary Interest 7. Use of Property 8. Transparency and Openness in Decision Making 9. Professional Development 10.Conduct at Meetings -1- =33. GENERAL COMMITTEE - JUNE 171 2008 ITEM # 11. Harassment 12. Compliance with the Code — Complaint Protocol 13.Implementation. 1. Roles and Obligations Members recognize their mandate incorporates tasks to: .fairly and impartially provide recommendations to Council and the public based.. on the mandate and responsibilities of their committee. be aware of and understand their obligations imposed by Council or statutory legislation. 2.. Confidentiality In their. decision making process, Members may periodically have access to. information that may be confidential. Confidential Information means any information that is of a personal nature to Town Employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Corporation or could give the person to whom it is disclosed an advantage. Confidential information includes, but is not limited to the following information: that is circulated to Members and marked "Confidential' that is given verbally in confidence in preparation of or following a meeting that is. closed to the public and includes, but is not limited to the following types of information: personal matters about an .identifiable individual(s); information about suppliers provided for evaluation which might be useful to other suppliers; matters relating to legal affairs of the Town; sources of complaints where the identity of the complainant is given in confidence; items under negotiations; schedules of prices in contract tenders; personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act. Members shall not disclose or release by any means to any member of the public either in verbal or written form any confidential information acquired by virtue of their position. except when required by law to do so. All information, documentation or deliberations received, reviewed or taken as confidential by the committee is confidential until the matter ceases to be confidential, as determined by Council. Members shall not permit any person other than those who are entitled thereto to have access to information that is confidential. -2- 1111cT, 2 GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 2- 19 Confidential information that is provided to Members by the Corporation does not belong to them. It is property that belongs to the Town. The obligation to keep information confidential is a continuing obligation even if the Member ceases to be a Member of a Committee. Members have the same access rights to municipal information as any other resident of the Town, unless the information relates specifically to a matter before the committee. Requests for information should be referred to the appropriate staff to be addressed either as an informal request for access to municipal records; or.as a. formal request under the Municipal Freedom of Information and Protection of Privacy Act. 3. Communications and Media Relations Committee Members will accurately and adequately communicate the attitudes and decisions of the Committee and Council, even if they disagree with the majority decision of Committee or Council. Members shall show respect for the decision making process of the Committee and Council. Official information related to decisions and resolutions made by the Committee or Council will normally be communicated to the community and the media in an official capacity by the Mayor or designated staff member or through a Press Release issued by the Corporation. Information concerning adopted policies, procedures and decisions of the Committee shall be conveyed openly and accurately. Confidential information will be communicated only when and after determined by Council. When a committee member chooses to communicate through the media which may include or involve interviews, editorials, writing of a regular column in the newspaper or magazine, hosting/co-hosting a regular televised program, where they are indentified as a "member of a committee of the Town of Aurora' which is a recognized entity of the Municipality as a Corporation, the committee member shall be expected to feature an appropriate acceptable disclaimer stating, "the opinions reflected by the member are their own personal comments and are not endorsed nor representative of the committee or the Town of Aurora Council". 4. Relations with Staff Members shall acknowledge and respect the fact that staff work for the Town as a corporate. body and are responsible for making recommendations that reflect their professional expertise and corporate objectives, without due influence from any individual member. -3 -3$- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 2 - 20 In addition, Members shall acknowledge and respect the fact that staff carry out directions of Council as a whole and administer the policies of the Town. A Member of a. Committee shall refrain from using their positionto improperly influence members of staff in their duties or functions or to gain an advantage for themselves or others. Members of Committees shall refrain from publicly criticizing. individual members of staff in a way that casts aspersions on their professional competence and credibility. 5. Gifts, Hospitality and Benefits Committee Members may only receive gifts, souvenirs or mementos of a nominal value. Any gifts, benefits, or hospitality that exceeds these guidelines shall be returned with an explanation of this Code of Conduct. Anything with a value greater than a nominal value, if accepted shall be the property of the Town. Members may accept hospitality provided the function is hosted by the Committee to which they are a member or the Town of Aurora, or an affiliated agency. Nothing in this section prevents the receipt of personal gifts, benefits, rewards, commissions or compensation from any person. or organization not connected directly or indirectly with the performance or duties of office. (i.e. full time employment with another organization) 6. Conflict of Interest— Pecuniary Interest Committee Members will recognize their obligations to follow and. respect the provisions of the Municipal Conflict of Interest Act. 7. Use of Town Property Members may only use Town property or services for activities connected with the discharge of official duties and having been sanctioned by Council or permitted by Town policies. 8. Transparency and Openness in Decision Making Committee Members will endeavour to conduct and convey Committee business in an open and public manner, other than for those issues that may be discussed in Closed Session permitted by the Municipal Act, so that stakeholders can understand the process, logic and rationale which was used t6 reach conclusions or decisions. -4- -36- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 2. 21 9. Professional Development Members have an opportunity to partake in professional development, including -but not limited to Federal, Provincial and Municipal conferences, seminars and workshops, provided it is in association with their duties as a member of a committee. 10. Conduct at Meetings During Committee meetings or working group meetings, Members shall conduct themselves wfth.decoram and in accordance with the Town' Procedural fay -law. Respect for delegations and for fellow Committee Members and staff requires that all Members show courtesy and not distract from the business of the committee meeting during presentations and when other members have the floor.' 11. Harassment Harassment of another Committee Member, staff or any member of the public is prohibited under the Ontario Human Rights Code. In aecordance.with the Ontario Human Rights Code and the Town's Administration Procedure 44 -- Harassment Free Workplace, it is the policy of the Town that all persons be treated with dignity and respect in the workplace in an environment free of Ascrimination and, of personal and/or sexual harassment. Harassment, whether it occurs inside or outside the workplace but is related to the work environment or activities of elected office is considered to be harassment and is inappropriate behaviour for the purpose of this Code of Conduct. Harassment includes, but is not limited to any behaviour, conduct or comment by any person that is directed at or is offensive to another person on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, handicap, sexual orientation, marital status, or family status and any other grounds under the provisions of the Ontario Human Rights Code. Any complaints of harassment will be investigated in accordance with the procedures set out in the Town Administration Procedure 44, In the event that a resolution of the complaint is not achieved, any Member may request the complaint be dealt with in accordance with Section 12 of this Code. -5- 111141irm GENERAL COMMITTEE - JUNE 171,2008 ITEM 12. Compliance with the Code .—Complaint protocol Where an alleged contravention of any provision of this Code of Conduct occurs, Council will undertake the necessary measures to conduct a review of the complaint and impose a course of action deemed necessary. 13. Implementation Upon adoption of this Code of Conduct and thereafter at the beginning of each term, Committee Members will be executed to sign 2 copies of the Code of Conduct (one for the member and one for the Director of Corporate Services office) to convey to each other. and all stakeholders that they have read, understood and accept it. A copy of the Code of Conduct will be included as part of the orientation workshop for all Committee Members. Members are expected to formally and informally review their adherence to the provisions of this Code on a regular basis or when so requested by Council. Signature The undersigned hereby acknowledges that they have read, understood and accept this Code of Conduct. Signature of Member Date Printed Name of Member so -38- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # r TOWN OF AURORA AUIZQRA GENERAL COMMITTEE REPORT No. CS08-025 SUBJECT: Newspaper Distribution Boxes FROM: Bob Panizza, Director of Corporate Services DATE: June 17, 2008 RECOMMENDATIONS THAT Council approve the enactment of the proposed by-law to license and regulate the location of newspaper distribution boxes in the Town of Aurora; and THAT the Mayor and Town Clerk be authorized to execute an agreement with Creative Outdoor Advertising for the provision of Newspaper Distribution Boxes Corals. BACKGROUND In March a staff report was presented to Council regarding Newspaper Distribution Boxes and Blvd. Waste Containers. Council received the report and supported the staff recommendations that the newspaper companies be advised of the Town's proposal to license and regulate the location of newspaper boxes in Town. In addition Council directed that staff research and report back on alternate styles of waste containers for the downtown core. This secondary issue has been reviewed by the Public Works Dept. and a separate report will be forthcoming to address waste containers in the downtown core. COMMENTS Newspaper Distribution Boxes Staff has recently conducted a further survey of newspaper distribution boxes in Town and confirm that the majority of the boxes are located on Yonge St. with the remaining located on Wellington St., John West Way and Allaura Blvd. The following is a breakdown of location and numbers that are currently on the road allowances. It is proposed that two sites will be removed due to poor locations. -39- GENERAL COMMITTEE - JUNE 173 2008 ITEM # 3.2 June 17, 2008 -2 - Report No. CS08-025 In order to implement site control of newspaper distribution boxes, it will be necessary to enact a governing by-lawwhich will provide the necessary legislative framework to license and regulate the number and locations of these units. Attached as Appendix #1 is a copy of the draft by-law which was presented at the March 18, 2008 Council meeting. This by- law is similar to that currently being utilized by the Town of Richmond Hill, and the Cities Vaughan and Mississauga. Following the March meeting, staff compiled a list of the newspaper distribution box companies which consists of: Trader Corporation (career, auto, and real estate newspapers), Toronto Star, Toronto Sun, Globe & Mail, The National, New Dream Homes, The Real Estate News, and Snap Aurora Inc. Each of the distributors were provided with a copy of the draft by-law and advised of the date when Council would be enacting the regulation, potentially June 24. In addition an ad was placed in the Notice Board advising them of the pending by-law. Only one distributor (Trader Corporation the largest distributor which currently has 55 newspaper boxes) contacted and met with staff and was satisfied with the proposed by-law. Newspaper Box Corals Creative Outdoor Advertising is prepared to provide the Town with the necessary corals the Town requires at NO COST to the Town. Creative Outdoor Advertising generates revenue for the newspaper corals through the advertising located on the panels attached to the unit. Subject to final details, the Town may also be in a position to receive compensation for a portion of the advertising revenue generated from the coral locations. Based on these findings, staff is supportive of the proposal submitted by Creative Outdoor Advertising for the following reasons: Newspaper Distribution Box Corals • these units will be provided to the Town at no costs • the corals would limit the number of boxes to 3 per location, any additional boxes could be accommodated with a second coral at selected locations only • the corals would provide a neat and secure area for the boxes • the corals would be located in suitable locations pre -determined by Town staff In order to implement the program to license and regulate the newspaper boxes it is proposed that the Town enter into an agreement with Creative Outdoor Advertising for the provision of newspaper box corals. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 37.3 June 17, 2008 - 3 - Report No. CS08-025 OPTIONS Option #1. _ As stated in the recommendation in the report. Option #2. Alternate proposal as suggested by Council. FINANCIAL IMPLICATIONS The enactment of a by-law to regulate and permit the newspaper boxes will generate a revenue source based on a license/permit fee cost of $50 per box per year. According to the number of units that will be located at various sites it is anticipated that the Town will receive $4,450 per year based on 89 newspaper boxes currently on site. Additional revenue will also be provided through an agreement with Creative Outdoor Advertising for a portion of the advertising associated with the newspaper corals. The proposed revenue from this source has not been finalized and will be incremental until all of the newspaper corals have been installed; which could take several months. CONCLUSIONS Staff is supportive of the concept presented by Creative Outdoor Advertising for the reasons outlined in this report. It is also recommended that Council supportthe enactment of a by-law to regulate the number and location of each newspaper distribution boxes so that it will coincide with the installation of the newspaper box corals that will be supplied by Creative Outdoor Advertising. LINK TO STRATEGIC PLAN Goal A: Foster and enhance a strong and stable economy consistent with the attributes of a sustainable community. Objective A2: Support the growth of a variety of business to encourage a sustainable business environment. Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. Objective D1: Continue the commitment of fiscal responsibility and accountability. -41- GENERAL COMMITTEE - JUNE 173 2008 ITEM # June 17, 2008 - 4 - Report No. CS08-025 ATTACHMENTS Appendix #1 — Draft by-law Appendix #2 — Proposed Locations of Newspaper Boxes Appendix #3 — Concept Photograph of Newspaper Coral PRE -SUBMISSION REVIEW Management Team — June 4, 2008 Prepared by. Bob Panizza ext. 4221 ob Pa izza Director of Corporate Services I John S. Rogers C.A.O. -42- GENERAL COMMITTEE - JUNE 171 2008 ITEM # 3 - 5 THE CORPORATION OF THE TOWN OF AURORA By-law Number POI A By-law to regulate the placement of newspaper distribution boxes on highways APPENDIX #1 WHEREAS sections 9 to 11, 27 to 28 of the Municipal Act, 2001, as amended authorizes a municipality to regulate and prohibit with respect to highways under its jurisdiction, including the issuance of permits and approvals under specified conditions; AND WHEREAS section 128 of the Municipal Act authorizes a local municipality to prohibit and regulate with respect to public nuisances, including matters that could become or cause public. nuisances; AND WHEREAS the Council of the Corporation of the Town of Aurora finds the inappropriate placement of newspaper distribution boxes on the Town's highways to be a public. nuisance; AND WHEREAS Council of the Corporation of the Town of Aurora finds it desirable to regulate the placement of newspaper boxes on the highway; NOW THEREFORE the Council of.The Corporation of the Town of Aurora ENACTS as follows: Definitions 1. In this By-law, "By-law" means this By-law and all the Schedules as attached; "Town" means the land located within the territorial boundaries of the Town of Aurora; "Director" means the Director of Corporate Services or his designate; "Corporation" means the Corporation of the Town of Aurora; "Designated area" means the area of a highway designated .by the Director for the placement of a newspaper distribution box; -43. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # "Highway" includes a road allowance, bridge, road, square, place, boulevard, .or street, including the sidewalks and parking areas, or any part of which that is intended for general public passage and is located within the Town's or the Region's jurisdiction; "Coral" means a metal rack in.a form approved by the Director to which newspaper distribution boxes may be attached; "Permit" means a written authorization issued by the Director under this By-law to permit the placement of a newspaper distribution box in a designated area; "Person" includes a person, association, sole proprietorship, partnership, limited partnership, joint venture, or corporation; "Newspaper distribution box" means an unattended box for the distribution of printed, written, photographic or other published material; and "Region" means the Regional Municipality of York. Administration 2. 1) The Director shall be responsible for the administration and enforcement of this By-law. 2) As part of his responsibility to administer this By-law, the Director may: a) designate designated areas on a highway;, b) impose conditions on how a designated area may be used, in addition to the provisions of this By-law, to ensure the orderliness and cleanliness of the highway; c) determine how, when, and the number corals can be installed in a designated area; d) issue permits for the placement of a newspaper distribution box in a designated area; e) collect fees for the permit for the use of a designated area, as well as any other applicable fees under the applicable Town of Aurora Fees and Charges By-law; f) impose conditions as a requirement of obtaining, continuing to hold or renewing a permit in addition to the requirements under this By-law; -44- GENERAL COMMITTEE - JUNE 173 2008 ITEM # g) revoke a permit as a result of a breach of a condition of the permit or a provision of this By-law. Designated Areas 3. In determining the location as a designated area under this By-law, the Director shall take into account the following consideration at a minimum: 1) not more than one corner may be selected as a designated area at each intersection, except on major collector or arterial roads, where not more than two corners may be designated areas; 2) the placement of a publication distribution box in the designated area should notobstruct or otherwise interfere with the.use of the highway by a vehicle or pedestrian, or with snow removal, sidewalk cleaning and maintenance, traffic safety, or other public uses of the highway in the Director's opinion. 4. Not more than three (3) newspaper boxes may be permitted to be placed on each designated area. Permits 5. An applicant for a permit under this By-law shall: 1) complete an application for a permit on the forms as provided by the Director; 2) submit a completed application to the Director together with the fee as set out in Schedule "A" attached to this by-law; and 3) provide any documentation and insurance certificates as required by the Director as prerequisites and requirements for the issuance of the permit.. 6. 1) An applicant for a permit may apply for the placement of a newspaper distribution box at a specific designated area in the Town. The Director shall determine whether the location as applied is available on a first - come -first -serve basis. 2) 'Notwithstanding subsection (1), an applicant for a renewal permit shall be given priority for the use of the location. -45- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 3-8 7. 1) No permit for a newspaper distribution box shall issued unless coral is in place; 2) No fee shall be refunded once a permit has been issued for the placement of a newspaper distribution box on the designated area. 3) All coral shall be installed on a highway by the Corporation or its Authorized contractor. No person shall install a coral on a highway without the express authorization of the Director. 8. The Director may issue a permit if: 1) the application is completed with full payment of the applicable fees paid; and 2) the designated. area as requested by the applicant is available for the p placement of a newspaper distribution box; and 3) there is not already another newspaper distribution box placed on the designated area distributing the same publication; and 4) the publication being distributed does not contain hate literature or adult entertainment contents. 9. 1) A permit holder shall indemnify and hold harmless the Town and the Region from and against all actions, suits, claims and demands which may be brought against the Corporation or the Region arising out of the location or.disposition of a newspaper distribution box. 2) A permit holder shall provide an insurance certificate adding the Town and/or the Region, as applicable, as an additional insured in an amount and form as determined by the Director. 10. 1) A permit holder shall comply or ensurethe compliance of all the . provisions and conditions of the permit and this By-law. 2) Failure to comply with any provision or condition of a permit or this By- law may result in the revocation of the permit by the Director, in addition to any other enforcement proceedings against the permit holder as permitted by law. 3) Upon revocation of the permit issued under this By-law, the permit holder shall immediately remove the newspaper distribution box: 4) No permit fee shall be refunded as a result of a revocation. -46- GENERAL COMMITTEE - JUNE 177 2008 ITEM # 3 - 9 11. 1) A permit is the property of the Corporation and is not transferable. 2) Once a permit is issued, no refunds shall be made for the permit, even if the permit holder chooses not to exercise the rights under the permit and does not place a newspaper distribution box at the designated area as authorized. Placement of Newspaper Boxes 12. 1) No person shall place or cause the placement of a newspaper distribution box on a highway: a) without a valid permit; or b) in a location other than the location stated on a permit; or c) by attaching it to any fixed object on a highway such as a bus stop, light.standard, hydro pole, fire hydrant, or any other object other than a coral authorized by the Town and in.a designated area; or d) in a way that violates any condition stated on a permit or the provisions of this By-law. . 2) The owner of the publication being distributed from the newspaper Distribution box that is not placed on a highway in accordance with subsection (1) shall be deemed responsible for the violation of this By-law. 3) The Director may cause the removal of any publication'distribution box that is not placed on a highway in accordance with subsection (1) at the expense of the owner of the publication. 13. 1) Every permit holder shall ensure that a newspaper distribution box placed on a highway is: a) placed on a pad; and b) securely fastened within the coral; and c) adjacent to other publication distribution boxes in a straight line parallel to the line of the curb and/or sidewalk; and d) maintained free of graffiti; and -47- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 3. 10 e) equipped with a self -closing door; and f) free of printed or advertising matter on the publication distribution box other than: i) the name of the publication being offered; ii) the publisher's name; iii) instructions for the use of the publication. distribution box; and g) not. more than 58 inches (147 cm) in height x 20 inches (5 1 cm) in width x 1 8 inches (46cm) depth, in size; and h) otherwise in good and proper repair and condition satisfactory to the Director. 2) The Director may cause the removal and impoundment of a newspaper distribution box at the permit holder's expense if the newspaper distribution box is found to be placed on a highway contrary to the standards as established in this by-law. 14. A permit holder shall ensure that the newspaper distribution box is removed from the designated area forthwithupon the expiration of a permit, unless a renewal permit has been obtained and is effective on the day after the expiration of the previous permit. 15. In the event that a newspaper, distribution box must be removed for the purpose of conducting work on or under the highway by the Town, a public utility company, or the Region, the permit holder shall be responsible for the cost of the removal of the newspaper distribution box. Litter 16. Every permit holder shall ensure that the area around the permit holder's newspaper distribution box placed on a highway is free of litter, including any discarded publication distribution or other publications. The permit holder shall promptly remove or cause the removal of any discarded publications on the highway or other property around the location of the permit holder's newspaper distribution box. Failure to do so may result in the Director revoking the permit holder's permit for the placement of the distribution box. GENERAL COMMITTEE - JUNE 175 2008 ITEM # Enforcement 17.. Compliance with the provisions of this By-law does not relieve any person from the necessity of complying with any applicable laws, by-laws, regulations, and requirements of other governmental authority, including the requirement to obtain any required consent to, enter private property to comply with the requirements of this By-law. 18. Failure to comply with any provision of this By-law, including the failure to remove the newspaper distribution box after the expiry or revocation of a permit, may result in: 1) the Corporation conducting any work needed to be done to bring about compliance on behalf of the person at the person' s expense; and/or 2) enforcement proceedings initiated for committing an offence under this By-law. 19. 1) If the Director seizes and removes from the highway a Newspaper distribution box under this By-law, the Director shall store the box for sixty (60) days and shall return the box to its owner if the owners pay the impound or removal storage fee as set out in Schedule "A" to this by-law. 2) The Director may dispose of any distribution box seized and removed from the highway under this By-law at the expiry of the sixty (60) days if the owner has not claimed the box by paying the applicable removal and storage fees within this period. 20. Every person who contravenes any provision of this By-law is guilty of an offence and is liable to a fine and any other penalties imposed pursuant to the Provincial Offences Act, R.S.O. 1990, c. P-33, as amended. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # General 21 . If a court of competent jurisdiction declares any section.or part of a section of the By-law invalid, it is the intention of Council that the remainder of the By-law shall continue to be in force. READ A FIRST AND SECOND TIME THIS DAY OF 2008 READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008 Phyllis M. Morris, Mayor B. Panizza, Town Clerk -s0- GENERAL COMMITTEE - JUNE 17, 2008 ITEM SCHEDULE "A" TO BY-LAW Fees Permit for each newspaper distribution box. Impound/removal storage fee $50 $100 -51- GENERAL COMM GENERAL WELLINGTON Hillview Rd � Chsroh W Hawthorne Ln Z f O n — Kei o � Dodie St o • v � 0 Rans n Ranso CA St C9 Cousins Dr n D° Golf Links Dr < Royal F r o m 0�Dunning Ave S Fairway Dr a 1 ° � prid Ave lber tnvlew m I 0�°C� Murray Dr 01 Edward St „ 1 > W m �onC � W a ° Davis Rd ZO ag\�a J d rn . Cresopoplar CarusoGdnsPoplar /ASIDEROAD CrtCasey Crt VhD Pkw S HENDERSON DRIVE aIndustrial as LOCATION PLAN 0 100 200 - ""m� Metres A AuxZoxA Map ciea(ed by the Town o(Aumra Planning S Development Services Deportment, June 3rd, 2006, Basa data provlded by Yodc Region. GENERAL ST JOHN'S 0 rC G Karindon \ Long Valley Rd APPENDIX #2 Heatherfeld Ln Masters Row L 1 Hill Or St. Andrew's lirt �4 Z Orchard He! hts Blvd Devins Dr v m t O � c o m ya m G Min worth �. C o, Crt m m` e o o Collins Cres Irwin Ave STJOHN'S SIDERO 0 L F. Lu o u o to Tara Hill ° W (9 Cir � 2 o Twelve O aW p 2" fD Raiford St N Hollin shead • Q • Dr h Batson OA my o` 0 v 0 ;:� Mark St • WELLINGTON STREET WEST qP1 • • ON @ WELL NGTON STREE EAST co y o d F S S LOCATION n 100 20C Atu% - PLAN•NewspaperDistibutiongoxLocatons rtPRA Metres A Y—"k . 'Map created by me Town o/Aumm Planning & Development Services Departnent, June 3M, 2006. ease data provided by Yod< Region. GENERAL COMMI I , p Cen a m o WELLINGTON STREET WEST WELLINGTO STREET EAST Qa 65 v � m • > Mosley St T ler St c • �. 6 ro W � Hillview Rd Church y t Metcalfe St W C9 Hawthorne Ln O Harriso Ave Connau ht Ave Kenned St W Ke ned w c—o To Be Removed • St E Kenned St w � Dodie, St • C Raneo Ranso z Ca St C9 Cousins Dr 5' Golf L'+nks or < Royal Rd ° • n Ln v • Dunning Ave w 0 • vfD+ = Fairwav Dr Z - a Ave lber 4` °pnd Glenview w Cn Dr a O To Be Removed En elhar, D Murray Dr • Edward St?�d f. • > W A to es SOoC ° v CW7 EL o Davis Rd O • Q . pOPIaT • Cres nsUVno �Ca p Caruso lep Ito a,0 m Gdns ge+tWo �C n Poplar Cut Casey mI Crt VANDORF m �hoct PKms Industrial Pkwy S SIDEROAD HENDER SON DRIVE tes LOCATION a ,ee 200 • Newspaper Distibution Box locations ri� ALJR9IRA PLAN Melres 4 - 55 - Map Created by the Town orAurom Planning & Development Services Department, June 3M, 2008. Base data provided by York Region. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 3 - 18 s ®i Creative Outdoor Advertising APPENDIX #3 AURORA: PUBLIC SPACE NEWSPAPER DISTRIBUTION STATIONS COA VALUE ADDED REVIEW I. COA's Newspaper Distribution Station program is a no cost "Turn Key" operation completely controlled by Aurora City Officials and managed by COA. 2. Aurora selects, of no cost, the COA Newspaper Distribution Station design concept that's best suited for selected high traffic public space locations, (which must be approved by Town officials). 3. Town of Aurora will be In complete contol of all aspects of the program ranging from site selection to approval of all sponsors and sponsorship content. 4. COA will replace old newspaper systems with contemporary multiple stream Newspaper Distribution Stations designed to create a consistent, clean look. 5. The Town of Aurora logo will be attached to the each Newspaper Distribution Station creating a high profile and very public demonstration of the Town's efforts to promote a lifter -free message. 6. Local jobs will be created as COA hires and trains a team of local consituenIS to conduct weekly site inspections to maintain and clean units. Any severly damaged units will be replaced at no cost to Aurora. 7. COA's performance is measurable as each unit is GPS coded so that Town officials can track and evaluate the work on line. 8. Local small business owners, (such as your florists or dentists), will be given the opportunity to sponsor or Newspaper Distribution Station and a small portion of this sponsorship revenue will be shared with the Town of Aurora. 9. COA will. also allocate a portion of the available sponsorship space to the Town of Aurora, of no cost, for its own use in promoting issues of public interest (ie.tourism, recycling etc). 10, COA's no cost public space Recycling Station program will not place any manpower demands on the Public Works department as all resources needed to install, maintain, and service each unit is the responsibility of COA. 1930 Commerce Lane, Suite 1, Jupiter Florida 33458 USA Tel: 1 .800.661.6W • Fax: 1.866.426.2237 - www.crea&&o. tdoor.corn GENERAL COMMITTEE - JUNE 17, 2008 ITEM SAMPLE NEWSPAPER CORAL -57- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 4. 1 TOWN OF AURORA AURORA COUNCIL REPORT No.CS08-027 SUBJECT: Council Pending List FROM: Bob Panizza, Director of Corporate Services/Town Clerk DATE: June 17, 2008 RECOMMENDATION THAT CS08-027 be received for information purposes: BACKGROUND Attached is a list of pending matters from Council. The list supersedes the May 2008 Pending List and is intended for information purposes. The text in bold represents changes in status since the last distribution. COMMENTS All outstanding matters originating from or referred to an advisory committee are identified in a separate pending list. The advisory committee pending lists will be circulated with the respective advisory committee agenda for consideration. OPTIONS None FINANCIAL IMPLICATIONS None -58- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 4-2 June 17 2008 - 2 - Report No. CS08-027 LINK TO STRATEGIC PLAN Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens 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 — Council Pending List PRE -SUBMISSION REVIEW Senior Management Team — June 4, 2008 Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk ext. 4222 Bob Panizza Director of Corporate Services John S. Rogers CAO -59- GENERAL COMMITTEE - JUNE 17, 2008 o a `o m ao O V t N O C W W a W F.. m O -EL Fp- W a a 6 W. r- .Wj a° c a 'C ro� Oami >. 0 Om c)w N N y 1 E6 4 4+ O O O O ON N N N N y N @ o z o p 0 U C N U @ O. T T C O ¢_.0 US W �� g a c YC 0 Q - 0) O O O pa Q-p y.�+� O E 'C0 Uaof s� m @C _R m `o Hd mCc a - L@ ' (_n 00 CONL .03"c E N w 2 N N C O IV m O C Si "O" O C 00,20 EU .fl ac 2 N oZ:C 2� y@ O O' E l0 NpNrom� N ry� .�U@� D U In Y m -C am�30 U E O a @ roa y"_ roU m@ cEE9 @a"iv oaac O meE0� m a@i�aoc @ o . Em y )a �mt �O `�` `o m 0 °U�E,3a o�. _ rod m a a.n�co--yam op�wym - �3�'rn@cm ocU o_ moEro@ac yc d y ro `1 a F- � a o C `o o a @� `o o c p C `o 'F. `m :.. o o y c - I- �(J 'Coo 0 @T G o- pOT@a L ro Nro T @ N@ ?. S1 C�,m y 0) -O y ¢oy-UOmwa S 01 O d 0I N .0 @ L 0mj L w �2' �RU' @�' U) �-d' S PL E fn v m.o a c c ro o a@ '7 w u - pro 0 O U ?l C7 L Y U N 1p C U� a O « m @ y 5p 0 B O CO 0. cUC�.E .E o O O in L y C o m N- @ O U _ rc 0- 0 0 N y d U 0i @❑ U N _ U O O yo. @ y o UY O O ro y p m oaVYn,cm9c(�Or U C w W 0 'C C7 a a c �nQ oz >oa3i 'o rn'D�o roo �o 0now �>>, �� 1 vw �oa.p'Coy 60 OU Nma Nam N`0 c @s.mc tLi oa c m,c@i .�-. c� % "a >o= m E oa a�= 0 U O w @ a 0 O ro O c L c Q D O O O 0 O' C U c a Z 3 d o ro U „� U d90y>i J'y �w'�} U@ VV@.,� O O m O m O N N N N 0 0 0 0 0 0 N N N N N N 0 N o N a N CD zQ za M w zr[ > Fq0- m 0m z� 0) z0 - 0] 0 zQ GENERAL COMMITTEE - JUNE 175 Zoos 11TEM # 4-4 a � o m m d > E U E OU C W Q O D @ r C7 O 10 E O0 tl w-'' Naai Uir u � � N J, 4 v W ry N t0 d N O .G O L w N N LO p p 0 ny w N `o' G W U c W U 3- w 0 U � o U : J u) U (D 2E a o - L.. 0) N C N C O O C C4= N d p O O >Nf�E O 0u �P moE @ z.� U U 0,13 s T C �N CL� OD WF E O. N'i6 N .. 4 E o r Huh ES 3 p o V D w vi uj ?. c0 a@ W N > w'C O U NN O ti tk N C U N C O@ N @ O O L r Y U o o O UI in 0 O L Q? d C c c '..O of m 9 uoi q�j Dro xma @ N C N D O D N ._ @ w O U D .O s• D O @@ C � ~@ N C U Q`E E 0 III s L_ 0-m>+ > �w p O. c w N @ N — 1,C 0owta> .0 wNcUmCro6 �Ev1cV- ,C a� �G'�o@dCo NcN�Nac'i l,��.p_U�p aDi AJUcO@ol •N�w�y�O`o ,:.kGEO�_OEu tNFo15 .D'c@[p Can Vt'pd,uwSpJ B UW c NU f�0 ON 0 @0W ff'O@OUc o��C@�UUU@0Fo �'UUm(OU5 U•oQcOU1 on =Dt!�� 0E U Um�Npom L�Oro3@m 11°0]' �w>`� 6 'UcCoo�c@ CU`joo ��t@o ENom V{pt°� c ocn 3Ecn3 o�°U cD w u nro .=DN�@@C�m' � CU ��o.nT��mc@iti� �n�a3` N N N N N N N !O oCIS O o O O o N C6 N N N N O N O IN Cli @- m@ m W m@ m d] m z- Zx ZP z� ry@ GENERAL COMMITTEE JUNE 17, 2008 N b N C y •O ry •O Gc/ d m O d 0 0 o aV � aV o co w 4 O W M a�c�M2ac a°c 0 0 3 � p 3+Z �L 0 7 m oUwmL m y a 0VK N U�ro r r r q q <n m 0 m 0 ro 0 N N 0. N o N m c 'c. o c O O O y O C C. 14 7 7 m 0 3 m O 0 m a Ii UI UU UU Ui: UUrL :N•«OEC O'O O E a WO- +1 C s 0 a�, Oc N tyyiV amR+ C7 Nc=mO' ` m w N a o m m m cmo22 O wG O U TO a UCVa A'c Lm Z Z c aO p C Om Z Emn7 000 oN«mNNjNmU-, M o 'U am -,MLcm �1 E mE W O Ls'•��@6 > DiIO N N Cro 00 N - O OE E Qc a- «,C T m m.a'C+ m L G C W m Y �O Z y Q C U `m�� nmc Sykp rOC) > 'O3s•O� oo �C �pO N „�� ,QOat tIULu 3R 'CNCCm7 'aoCa� •wm F-m Cm ry W mOtla OOm C ` I G y c VC Zd w�O • NpC ' o> E1tl o E Qd'° v o SoS Uwo �m Umm_H � m amory p c� � «No N =rnn m c =o.cm =ooUsa OI p`rno omc QO C '-CN �-U C E`> -3 D `I. N C •O�c:V 9m 0' •O •NO N �mN -- Tp NC NC O m c *c' NU V U °U.0 U p of O c O N O r N N O N r N O O O O O O p O O O O O O O O N O N O N O O N N O N 4 N N m �y v m z Q [0 z m z 'z62 - m z m z GENERAL COMMITTEE - JUNE 17, 2008 - 63' - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # a - 7 1 o w umi r O J a a o m ' �mw c'rnc 20 `0 N zo:� v v N N ri o ri O 0 N 0 N N v1 w N N O O O U O p E m N U7 � o t N 3 E m w ai,`nC c .N °300 ,c.a oro O pro N� c...� .0 M. t90�G �I N �'� owUl c �£ N me �croimm -�sro my .'? �£�_ uE� mmc c'3 Sao Q If m 01 -5; � N O U i p i 'a C T> O O F- m�ai O C d> �U0tlJ�G!NE wow a.6ro «aS O �'.�0-0`"+6G41^}N rnco +'O' Qca Gm NCO@�N� QC1«�M,a; Q @m� +C O @dRm@m0� O C S N._ N (n .6 m _ 7 @ Q m 6 i N J.O C F- 0.'. O i O) O O E5u� y N O d ro I 5 c «—� cQ `m} 9 N 0 •- N N N ink o.G o ne s Y S N m y o m N d ID m NV �G� N Nv� ya'�«�'O C NU3cc 2 'C N T @ O 'A Oti ❑ "C "N N N 'm « m m O R m D U a Q N ro p QYY� N C� ma c G�� C� V@ � Uroi O O O E U p Ol T'Ola @mmm�o m m m TN mro?? N�„ mmmamiwo ,S« - K�K�@`2' 0-fq N N N M l0 h O o O O O N N N N N N N �a N a. teO M N �� V�ro � GENERAL COMMITTEE - JUNE 17, 2008 TEM # a-8 cU o� o U o0c c 7 0 0 2 of Odd N N N f` N p N O C d r b W O d N b N O N N 1Il //1 0 0 0 ro m m v - m ro in dam o° SSE E O E y Q O on O E?U''E y oin0 y_ c OQ cR' m Y o.0 N oHw '. C O N .r+.L- OW 9X N .J- �r dN@O YL �.N NAG O)_ O�CG N VD.0 >YJ�9n }NW Nw Y.�O 0 l0 C N w O f0 N s t0 'O L @'� p1 (J 2 c._ oc^�z C c3 2 3 mJ c o c +.dt b 'OmEo}�wa~i c.. o°yca'a m«a « aEEms-°�L,.,w..a a L iu—m w Lro N C m N co roc R N O ma roacE'rn o�m�y �aroi ac �m E-W y�ELo.2 E2 �i d p 2 L O W.2 0 Z > C N ,G p N L� N 0 O w S ro O N Q N r O. W to N C �. N EE Y N O m 0.E3 w j N Q t m O c O G N {Np C m¢. m y o L a m N G' U L m o 3 m O C m , p E o °3co'sNL� da.c. O._tT{dr N'G o._--o'n"�--3°' c0 ooa��° �aJ na�sw�O.L%wL%m�aa�2fl i(9'9co ca0v,mKZ.K d N N N N N O r O a- 00 N� Iti h N N N N -65- GENERAL COMMITTEE - JUNE 17. 2008 (ITEM # 4 - 9I o ov o� c ;Cv mN EE o d �4NN y2 y io r3o N N ->>E a E.� chE•m �� @o m O N O -� J❑_ d y N G N o0 Np�N °d am a.T o a'Z�� 0 ace c K q Ir 0 a 2 CL y Y N � N N N N N D 2 co N mp p O awly @ pi0 Nay c ro rna OE` O �U a �U mcn UUoI U Via' p O N X .G m N a G y @ O d C N @ O N w b N « E. N .Q oy E 0 o d.c axi o L.N.@o N U tj d m,— g N° m- g m m m@ Q� `o a cot mo c �Na my aa'i 2a �j �� EE �> .cN. -0�m o 0 0 m o o o aQ�N o s N a@ w 712 c W v E N W y N ` C @? N++ �._ .0 3 N ? N E «� � 'NO ry '70 �O} C@— U c O NV C J '� O N O 9 own, N =q tNmoi�Qan @ om 000 E3Eo N'N E o0 oys0. 0 o E N�U'Na%Yor EU.L. VN � UOc omm c L �ao E -o=c0 E_ >_N 'ONO U Uo NUSN� <omco F-4 O 0 U @ @ N y c E N N O N O N C 3 0 d m N N 49 c^ O N_ w-O @ NfD a 0— � � O _@ N O O ro ro g p Ir Ol� N.fJ E N > cr N N o CO N> O O E'k"oO WW2 O 4 aciom a Ua'co 0C Gov' I azQ I c @� • E ai o O CO 2 v O DU O O E �F NW m' MEOW QN > KNa O O U �NU- R a N N N S p N q U'S - ti N K U u. ui 0L O O O o 0 N N N N N N cp cp 4� d V' M GENERAL COMMITTEE - JUNE 17,2 oa ITEM # 4-10 \\\00\0 Lu a tB} . (L §k/)/ )\{/ )(! \ \ . \ \ .\ . a2:E Q5, ff ))( _® Eo0 5 j !\! ]\$ \2) ))L § Z*i ° :2v =:f \j2k= !� \\/ ]$7 £)) \44 )7J!{ ) \{\ : {\j ))) �60 /())\ \ r� )f§ c 0(L,�I /k() d[\ [§/ !\)/) «{y ./)} \ <E tBma}E) \�» 2§ate, e ;E;&&!«ewe e!« e2!!! a. � !/ ƒ )w - \�^ / ) \\\ - !•IL \/{ IL %0 0 )){f m }{§ % %\{f a;\ w,:E § w!« g W j GENERAL COMMITTEE - JUNE 17. 2008 IITEM # 4. 11 0 G U 0 V) A N U N v w Ua w��_'- N p U c c ao orn�`�U� E m o a> m c rt 0, �� na oda'cam Er-o�cmm>, N o 0 m m m U m o 0 3 a E c o 5 0L sc a'(7 �E 0 E O. ILa Ka c p (9 d b o O N N N N a m a o a 0 m� m� m❑ mm mm ids o 0.0 0.2 U(n UCA oU) No g =_ o W tom m xo cNa "0 p o yr L N m a Z N O C QN U a u� ✓ m m.c °' 'C YN�d Ooa 'E .s-,om ZN."a inE`3m c 4TAd E�mo 0 >. am a coon. w m ��wd m E ?y y U m N.N N p10 o� U N N c O O O '.0 «N = .a ? N C O ' C Cd = Oamm O U o 0w -wOti aG w0 d U O o m . a.Oa >U N 0 «O i w0 Um 0 NrV 0p Nom GQo 4-- O =N >N mm UO En 3o 0 a =0Q,=r: v E n m o a a. coaol ..-m aN G m m� o .V� Oy oOg mo4_oo o r E " oUcm-.. op- Uf o'c F'� d F4-moNa; OEm rm -3EEa10 N�Ed o xm � o o y y tka O N 0, m N N p m j c 4 NO E o ._ .� E - a a o U .nE o a OIP a N Q O �I W N OU: n N m o 'o m d � o Uo U ro m_ U Z m Z to F= a c E ,� N .m U mE� o 0 o 0 o K' ii o n v c U m U� o m Q o m O M_ N N c0 O N O O O O O O O O N N N p N O N ffl lO m GS - 0.a 0 U ITEM # 4 -121 GENERAL COMMITTEE - JUNE 17 2008 U 4 D r a �a o �,a o w p �w 'a '-mc wF-o'£ -�i Fd� oo n3om m v J w.. LL Q oI m d d J N p m a0N Q c SaciUOc Ors, 'o aai0 OSvo ao U W.O Z O O O ULLS nU o q � N N N N N m N c m a� m� m� O NOyN p U O U GO'^L O V O.Z O T 0.2 4o"Z U0 0U) Uai Ui� O .c p O V N m L O CC y O m a .a .S-• E N- Y. U D r-- @ v v_ y d y 3 mo.my > N � ca E o,,., o aYa c rn v v 3:a U c'Y roa o ��eo@ ai oNd@a V=ov o"" Dco @ `�aa�vml= a� c mm ZO '$Q a a@vas U9.0 V ai NL7:�@ c 5vz m!� m o@E?o y 10 d3s m@a�`md "or m my -m Q �p a 3moiw�myayo-0E;gay ap.Ew o@'�+U >c`oa C�F10C E~m�rymry c �$ Uz zw NND TyW 'O D> C b Tb m_ U a O m dd v 8 c a (� y 7 D C °�o@ d d mm c >'ccQc m'uo mao'io �mc°v Oaro�F dDr10d Og UU v U'N @ N OI TO L'Oyf]. "l 'p 3L d�Y Em27a -pC O a G@ Y ro O w y E P o Oho N 9 V ^L' N D N UF- ca.-oE p N w E;—L ar'@c CJNO u=i WE FJ 3 v C w a E m y= o°ood � O 0 a E ic EZ r Oo O4 @�C E E ~ a g U W0 @ o z «Q Tam y ro ��_@@ a o m0 Ol. T d'om c E Q�'C8 a?o. @ WO Uw FNa—ma Fa.- y � N E O E m 0 N U L) U ow U o o _ Q u o.- U c uci o 'o U m n � rU Q n 0 o UE+ rn C qa ac E Um U0 C7�E (fit � W I� U c LL a o rn am c z a U E U z U fJ a (%J M,r ai COS N N O 0 0 0 0 0 N 0 N 0 N 0 N m t" U� N- U� N US N N Ux-69- GENERAL co t E-JUNE17 o a E . § . Lu - � m D. f )\ $ own \ \ (7 t (! a,! aI! 0*3 oA )� { ]E t\ ( 2 * )mi . §a . _ EM!8 2 )}{ . \{/ t`§ `9®s m t-0 )/) - -_ a \t\® )�& 7=;§) -#)- �er4 ({I CD �" �)\ }))\. : !/®/ !2/ ` 0§/ /Elv w 0 E#7E f[§ Br\k&« ) %§§ ]§! }2®= \-[/{ (f§® ))\ §�\ F-w = ett� m7*/ e, ] e!� . \ f . ! }. 5 . E \§� 2 / # \/ AQ . ) 2 $ § \ ! %W �D; a§1 „- o Jk-w0CD- 7)kf00 � { )0 k0\ � a � e2�!!m� !§wk \ \ \ \ \ §\ )} -7 (\ § ITEM $ 4.131 GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 4.14 m oa a y fl�Q wO - N N N N N y m Il� cb N N N U U U 13 U U I O N Z O O C G C b IL f7 ll. (A lL (n jrL ) � LL co E 09 N '`F, me N u o roam O y U 3 'r and m .. >oso a 2.v£ a o oV' a -$ x m U y o° o N- roar U O N ro— �"' C> ITI 2 ro O� O - U a O C N U O �2 —dVNro p, ro> o ro a O Q > p O yp roro Cm N.0 R C ❑ 1] ya U ,NC • >CCN UJro G£> �W rom E -i3 LU 6.ro.F a j 0. UlGN ��, �r N @ ro =_ w- QG c J ro O .-'U C F_ Y r- ° Z,p o £ it '� ..�. �`a :" m vo o.. u_ LL LLL o n m�oUov3 �E`'�°ro'ona-yov °1 ya`im"cd2 a�� € o- m .l4y E.p £ai u- t-cd roco QoyE m p00w cm �.°'nyuroi croy mp roc^- y� o� oE,3 . �w o od a'o 'ate. �3m ��'L �d EN�o�a Q0 p:2¢ 0 . : 2'5 DFO N O 1- U U o 0a U a O� C N Ro Q:o O O O ` O ro x oro� /mil yN 0 U It cG IO �. S' O N sro+, tp.• N U O y OO LLxx O m LL I (7 a N N N N I V E° LL N ° V G u U K~ Qn m ✓m{CWn cc r � m N iD cc L a u, O Or a:0 co cP m cp M C"J ...�. Z 4 fUL K IUL K IUL � Lmi. K- LL � LL of GENERAL COMMITTEE - JUNE 17.2 0 )k /Eo /§ 8/@. 2 \k \) 77 § § («« { m G Q« \ /. �\\\� i// ± )) 71 L / ), _ 0 /#; \ }{ §ƒ! co co \\ . \ \ QS 1|TEM 8 4-151 GENERAL COMMITTEE - JUNE 17, 2008 0 m o 5. w3 N > L YO C 0 E o c o 8 o dm v S D c R m c � o c w o E t6a oomyo aaiU c� o m Epx muNi o 'oa o0 =' P- -� t- E a v a o ac (7 L% 5 N 'U - fj � n -a..n I- p v v N O. O O O N N � N mZ mZ .S" ZaE .oa mZ (Q J O m ll (U O N ll (n O. N'ym ao N O N coJd.0 o U1 a 0 C N u) r N 4- ° Q' >° - ,gyp N O $ a w p y C p- aaEw�o-O'to U 8 m ,c c m E co 10 tll �L O C c O D a O 0 y E101 N N U f/1 W y 0 i%' C N �- c N O O m E .c' almm $ w e woo 2 E U m�b d CA to ltl C t0 G 01 �' � •d E 3 mm m '� m U oo rn c �O N ^tea tl 3 0�� `w� o m o N w 0 �E E m O j m 3 E U O N v N d;o ao I H piq o'd mv7.° 3 U a°i M U m en a E E. a O_C 6C �. 'C ir m pro to p I� Q1 I O C� ,�, .'-...- (O ,� E h- �UyN;Oco NE 'om u-'-••--' 6 LL'OO LL U oomo �aaw lia0 lz Nm m ro r m m N N N N N N N N N m N N N N O N N N N U1 GENERAL COMMITTEE - JUNE 17, 2008 (ITEM # a - 171 ° o 0 C C T C pm S O ON C N 0 [0i DD O U 0�6 I c O N p E L w L O D E m 6 g, m N2- OO OO mm d��a am n� ca oRL N N N N N N w V V N IN 0 Y ry p > > ? N N U U U U C N 2 w Z n ao ao ao iin �0) T N E Qa 0-0 a O'U A n Ca OO O�Y �Na aL G 0 N ? N fj0 a c wc^a 'gC 0 NAu 0 L U 0 O 0 (o c"Q.2 0 0 0) U . ° o o d moOm 0 O I- OEMNW N�09` WOnE Wcm Ld Emc cjz0 a ."ts. s�a5 E Mc � v of°v0 00 w 0 do A o m NwC` NO L w N " p M 0 E ~ W N 0 O0 O d i6 ,.0-ovOi �0m a w- O U d O a ��N c..w.�� UI >p 0 O N^ N 0 0 0 d •c 0w d>°�o '00 �t NS1sc o o o noaltl dO c� oaaNicaEC oOcwm �d a 3aN �5 da m.O - Ei o'o°mM C-.omowp L' N wOl N N NoaE0O. U N O mw9N Qe w( L N 9 L I- F- m 2 T.a 2oT°�.5 `mom Zmoc 0. 6E ombwmmS o �y a2i .oc F--i34)U Pa,NF �2ro� mo30 F-L_, oO I - a- >, S I-(0 na«wn m(9dd F-U o Ea dP s M0 E _ w E I SO E I 4 Q m w - ° m m U E a E m w E u 'o ° ' E w E m m -'o E I c"� a -oac c o Ld� �6� ati 2�.o 0 0 �LL N ZO U) C7 O w '� u c w y w ON u) rn N y+�, W a p a r c --.00 —. O ��U :- o m v�aoa y�2le o w U o0 O'S O c 3 'mll 0 �y aci N C7 ro ;� j� icp'a U (� .}°_- U w U l6 N m N O LL N tJ N N@ N a N l0 �- Cj N O U N GO U@_U w M1 G -p w fl. C O N M N O. C O E 0 O N w Co 4, a O O (h LL c O N. O LL t m I o 0 ac - :_ w> M U EVE oEl ` o E o665 c 1 N 0 0 0 C N w .`w-' .Ec } (o N U .0.. U) n N 0 ?wui �Emo �O��o�d D-o n3 o �`Xw m ._ d' U)K s1'wE4U d'r Q-a 4 F U(0 V t NU O NOJ eo N N N N N P N N N N N N In In In 4'l In In ma: mw -7 - fU m_ N N I m� GENERAL COMMITTEE - JUNE 17, 2008 1 JITEM# 4 -181 ao a m m c add �Q .rnm aU o F wa �U O � ai L C O N `> 0 H O 3 ll.m N.QQ 01p N i Q � O 8 � O N N N O N ltl y N Z y C I% !n J N U N C N - O N N E 0 N N W N Y ,0�c m a oOEcm �o UmulNrn aroi1'2 ato.'. w a 'o Yon w Z r N c c U o c O a r^ E E C c N �90o �o UrU� LLy=� moo. �+•o o m a o'�mod .Nm m�pto ap cc U o>�-rn0 0 N C 'yC N C 'O1 U C Q 0— U N a0i c a o ..O- COm Cm E 0O 0,M Eo- E— CNe@-nCro0 y 1LLcL 0 U aEy yo 0O V� p 0 O @WE y U U EC 00 E y 0ornrnrn v 0SL°E Ewm �o'3aOUroaOc W O rs N 8 c N LL a U N G 0 9 yZJ N Q).GyQlm O«pENjj OU '0.' O C CL� y.��LLy y U C C O;fO m .'C-� C G N ro L 0 0 (�'J 7. Q � .0 Q N 2 r O N It S Ip 2' S a mL O :EN N 3 O S O O O 0 .t,6 HQy5 It h-a� h-Q ;vUE Mw ZmE F-oU) aLUO 0 0 0 N m . m O U) L =O U E U a O Qt N Tm a U� o w c N a O) c Lc m o U 6 .oc c a U o o c E off' N c a U N U aw CD U d °J N o m �— C7 N E 0 R U U U N N U O cc Ll` S N N U U 0 c ( ,k 'c a tp rim ��Eoona. °EU) c �a v.Q Qo.c m -c ' '_ v a: m a U) - o � Q1 U) o o Lj ate° oo�Z T,o x I� 12 I a00¢�j,ao F- N 2 N U)O ply a^ to p o O N o o O N b oj O Ucy'C Naci N00 t>,1U -tOroi oN a10i N K 9 E pJ 5 K C7 ' It N E M lUrK N N � N 0 O O O a CO p N N ItN � N m� -75- f GENERAL COMMITTEE - JUNE 17,2 0 . \ 05 _ 7§ )<o {� }\} {Q�\\}\ 00 #\» §f:; c !�z\§2 \\0 TO }ym! (GA et J; I } _ k .. 0 § \, 0w { { _- woo g { 2f, }/} \\\0 `®K ITEM « 4-19 GENERAL C( )MMITTEE - JUNE 77 2008 ITEM # 4 - 20 a a@ate .tOi � M' uaiu ro E 0 Q 'wp Ndc> `oQ ova _ UUm J•C•E d I 0. N n iY N N O.a •r! c�E'a>.a 0 _@ O dl� �N'� �o 3Qp U� U ca O C Q 7 Odo Dl 1246 iLLm a@nacC� 4w8 N@ UIKU N N of N t0 O N N N m'Sti OR N C •N — E VI �C Q 'N co . JN J(/J N JU1 @ O F-U J(p❑ 22 ' NH U .L.. 0 O 'N F''a U wC- O y C N p c C N O N @ 'C •N p, •v0-' tU N y- C@ U p O cC y E wm`� N ON@ 0Ecp `O 0 0'0 > C T( @ @NC@ 'O o ON � oYsC .. wfaE m.mOoa Voaa o d3m20 ,...,: E @ m3cO a>JO .NEOt/i 2a, Sa c3 @ i yO AU 5 � C A J U C m G N N .� wO d N C =� N O E Cp C N U n •@ @ p r pd, U n @ U 'N O O U d E �% N 1] > N @ y� @ E@ ._ p�—�` .O C a p� a...'O. N c ._ E C Y= N 0 @. O L.- ••- "' y N 'U ¢ 'Oa 'p O0 '0 O aG3�V > U O¢ N S N@ dN @ ••@• rJ@l EOU CO ro.E HU ace o C. �,.. E o .o °> ❑p cg' o E .y ' tx �._W J t6N N I- r'C.. N O y N n Z ?. O a s a Q i N O. N 0 0 E N a FL- co @ m c W 3 @ a �Mf C E�O� T O cocb J N C N �O N .O O U O� N V- N tG E �o 'y N _fe Q Cp 0 0 Y L N N O 3 N 6 Ol O J c U J J Id IL to oU o(�� om m�U w a o- o_ oN 'm p.O o�Sa co -I ' wm 0a0 Nc N `off¢ m aiE ^No� PfL C7 a@i-0 T N U W Q S J EO p H a m .- a:c- ,GG U 2 � O I- S vJ b Oi �" CL' }^+ td U a> r c'1 N tD t> Sz:5 r o ao 'O N N N N N N N AT 0 N'O m M N V N - T - N � N J @ J � I. LL � K � K � � � Z,'.O.W GENERAL COMMITTEE - JUNE 17. 2008 M # 4.21 > a E O d £ m E .O Q� E UN � ywWam. W J E •m a mocm .mac-.m 'roa 't.6 OM 00ooc �yT n o m m (D co N a> c5 O q O O O N N N N N ❑ m J Un❑ coJ❑ JU)0 - J(n J(n tL(00 l46 t UO 4« d 6c U w 'O cU' p ON .O NN ❑GL .O y N6U0 aOlL .a ,00 @� GNO'pCpJJ- -C N .��Cro y�'�AY a6aN 4 J w N G 3 N cN 76 n" yroC1/1a @ d O d O G4g wM ND5 IV U1 NN aCo 1- dUO m U E 000 yO Na acne OR)3 P. �i O N as @ c a19@ a ._ C ;p a aa@i N U m«gym° N N dm'@m, U N F- N N U +L• ro p 0 @@ L O ✓ N O OI . N a.C-• O L d N Z. G woa o op cd-o E.. O oK .oldOO �OON @ hO .O NUUN C wU, @ U N j 0 ZOy. �@EN-• U OOy fC D U E.G y @ «m 7�6O E3 E R �Nmc% N O ..'c. G N N « •� N w m c £ D fA N pU9 ro U ON d >cp2-3 o ..�. Q Qa ycOoy Qoy'CCa49 ¢ ¢w�d� y cp C .0 O C O u S @@ N ._ U {- U 2 O �- N 0 �- F- ❑ rd U U C O @ U C @ - @ ll `p c O 1 N N 4 w N - a a0 U a y roc. oZ o �� £ l6 O M b 2 9 C j N O L U O 7 c }E E ¢� j c 'vo m E o x- '� o �a 2 a- ova "'❑ �� U�(jd a. a`iU@ c OD ro o U` N= @ N T U C9 0 E- U' o Q U N•N O¢ O UNo U' N N O o= ma4 N LL o _- m4 O@ o roro 0 0 M.0 m'��0= O c O)C 2i p U� p D y C❑ O O C �r O C S O O �U 80 nU ai C[°-��EEQ�soro w @ 4 0 ❑CL Gc SxW N09 ❑ 0� (V U(N� ¢ZN N N N N N N O O O O O - O N� OD o0 pWp W c) O N N N O N O N 9 N O N M ON N M N N N N N N v co U) JW -78- �� oe / ƒ COMMIT .DUNE 17, 200 �2 \k � ©k §§f!% ))\k *t!/\ )$\P 22§f )))\) 4\777 )f2a ®:® ;t«0 ir ±2273)Z«§\ V$yft:2)a» &aB:a2a■,! .) . ! ( \CL ! k \ m/ { . ow 7 323� @ � ) \. -79- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 4.231 o o c @ O O 'O a U 2N T nU oa WC'�o 0 ao3 ='co 5 0 oCL Q Z w U K m 2 N tD 06 N N N C O U � w'C O G C C C Q l0 @ N ba a a 0 ti- N 0 N O a = @ N �'p N o12 O c N Ul aVCab C OmNo Na@ m @ N N w O. O c m N N n N 0! N @ 4- aQic 00 .OLOJN. NN V vd �c.=co. oE o w _0 N z ' 6 a y N V w0 N- @ N 0 .c G IT , 41 m ri G N N N V C m0 m@ O= L w N O a@ MT a: c Yry��yo 9Em2� cvo a0i6 r� Q�'@0a N •p y Tn 2 E 'OO O C] .@c a .a U rN J y @ �O w N > O a N CI 15 N N C, V O 20 41 ❑ I ZIn A c N O N@ W. N d c?�'c.. N 9 CA@ W W nNN a U) O@ Oi •- 9 o O O QQN 0 2 '.QLr3 N S> O 2 2 32.rn Y ( LUz 3 aU F.- w c i o0 O @ W C U c 004 @@ d N �mo c 6 IT-W E o 2 m am CK aNS G ron nQ� 0 Q OLLI n.FO-W C cr- J Q E O O O IL Q P 1 O c O a c Q m In rn K m � 6 d@ m O O @ G T J O (9,0 q.c¢N rnrno Oc Nrn o.�mwo c y cN b O NO' ❑ N N OOd w �d a _ �� o � Zc w0)t . O a `@ oT d1-m om@d [V U2'wwz o�c- E0C6 Q.-r M w M N o M ' O o N � N � ry a� O N N d� -80- h a� GENERAL COMMITTEE - JUNE 17 2008 IITEM# 4 - 24 oz G y yam ro d y N y a G.c Z Q O N N c O G 'me �mw o a� « wwz CnS OJ �E W.O G p of n mA wa Q JO_ O W "N' n0 w0 W U 4C1 .'0 N"tOfUN 0 E-r0) J' Day_' p W J J Y"tl• O 1m5 2 0 C(DO �ONm _m> 07 T;p a� o 4-.a5 dpWPO " afl� WJ c Npp> c o ,tQ `J U U w uzQm oON UK O m N w �p 0) z_ ryw EK 0 N N az(y o� N C'qq r y N N N N N N N N N m N d N N N N a a a a a a o m1° G 1] O N� E T N O N"' G CL r +r fl. N G NT� j 0m•Z3a5 W .G 0 0_ 0 O = c c O 0� w oNom�12 q� my v¢ v om E E C G U1 'G w o v G U w Z'C K1 O OI p 'O Z o Ww U O cN 9 G av—-IF G�� On.p m N. R0 o $� '0 E :owe m o y E ..G o �'a d v v v 0 nE'�KE G o 0 yvm J a Oco-U G n>rvm°Oao _ 2 t C 0 G C 40� 40 S �d N O OU¢ � 0,5 ` F"•.F d NU d'O Yll woo N F @ I- N 320 O m O m 0 -O m 0 EL .o acid 1 0 Go o v �❑ N d v a m 130 `N m m d = :moo a B o p E -6 c a O N = me m �@Q. Ohm oh om c4i� Ea� dmo M3uo om—� dw dJ oo mo Opoa ca- co SUN c^�o 4c 3'>U tii.d❑ ,n mU� Z`m In to m y O. f V cNp N 6 N .0-6 � 0. 2 m W .- ooJ S F �- vovG a v c ❑ r' N a. E avJQ d '`ayi °6 vy c 'E •E .0 N —o ❑ m oN}f9R�G v G ay (90< n 4 CO0 d N 4 h« N n ma vJ N (�M=O U O n 0 Qc Op occ n@ O Ncvco N Q ocG O N�] G .- C7 E O t 0 O c 'O c IS N D_ O o� O Ma Sl P .`- n�(!1 �' n O r�;�o •° 4 f�a 5; U' ,., �nE2U n7o N.0 0 am�❑y o`.Gc d16E Qu M❑ ac in dEae Jo my 0 o'yq M u� 0g O.a riEo°' CL °' a3�a0i o,°��0 zbo NQ Jt1. NiO-d a- d i-LL N QQ 0_ .- N ❑UtLL � U ->- N N N N N N N O N opO O 4 O O O O O O N IN N N N N N N N 4fi N in � � N N ui M N W a� n N E � N a� O N a�-81 - N CL N �� N a� Le COMMITTEE - JUNE 17 2008 ITEM # 4.251 . 0 .5 m -T�i c U E .. cai v a E 0 N a o m o a a �° d o c S � mU as aA o _.c a_ o.o @— TO K-�i mao 4mE�¢2 Qo 06 S0 0nt ... v o `o o �+a c3E `a �m co c0 3 c I- c Au o omoE c@ 0 n o aT.y a m mo, .,' a',. . o ro D a ,L-• c "a !n y@ m€ s c O.- E c -L..m© vc i cm pvcyv S—a o maw oE.°-; ca a.cD-mn aacE `moo c c o D �aA mmm �•_ 'J. .E BamDU vo U0M o'C•' o— V- o 0ma c c UL .E u'�i m c o c y m o a� c. wE ac oa uavi A��EvPi �UAoomE �� a�"Qo E� G'£t°�aEiv �oEd mNa E Lc m@aQv Euc L N .� i E @ Y EO p _ v o m U O N .0 Q E pp oo 'o m co E a wF'¢aa'ci y A v v L m v v o c-c) an amo a .c �v 0>0 hd. 0 O` m> . @a.ti .. hAh o !-... o. o..,., V)¢. h 2 QU F-w h OO w � c !7 N.. _ 5 m N N c E LLI N N QJ n0 m Cl .,mJ O S� m a @ L = j r @ Eryn Q O Q C phi: N (D [O -Ui U S Q O j 0uaci v o .v w Q aci aciu Za�EU9 S; A Yo QUE v OIv r�� cci , do NUcaaci Wcn o - z vUm-v3 NN I aQa _'>�_ wm �.«.oD N' @ :p n E.�o �-Qav� odo oiiO m�. E UC7 (U9� W Mo tOmmJ� N CN �oy. h ?' pyj mw va oaf_° ioc Io v'c5 Eoov��i. 0000�'�cNDt arNiMC �'-n'0oNa(/jN d �roa amaar WmUm Qm uDi AlT E 0 Uv U N Ud di mai ma- o�aoco 0% W N °1 C a NJ U oo vmo�mm N mm 0 n.i U` U� c.iaalir z0)<0m 1= Ci Na`�aU�00 N N o �C m. EQ 0 0 0 @ N a� '82- N a� D a� z:0' GENERAL COMMITTEE - JUNE 17. 2008 11TEM # 4 - 26 m y w: 'O: N N O N� Q :N;�.-: a c c I N 'm> C N m a c ami. 7 N 9 m a 0 m L G N O N G >`2' E O— N Q C LJ! OI O a w O y� O- m O C C �C ONNU- ; L.N.m. .rTZho3n ) U 0 U C1 E g -O `a -OON` p.N ICOd CVCO'iIZl a.NJ.I: aNdm .NO�m R c c O O OMZc 0QCQ m Q N Omca O iN m umN—>wO No.mm V O vWo10 _m - a mnmv CJEL rom .oaw m. Imo._ Q—mN E o m�oin magi ono vKom�� m-m, �rnN o 'off L'ovo t ma �m ; fnpaC ,.L•y0 � « uC'EE mO..c.. C UE .-U �.V �Ol '+N00 C: F-- " j N F c F- � a C E O .,m..N }- � 2 00.....O Y- I"' ♦- � L c Z 'c F- 7 N r+ o F N a 2c 0u> 2>o o0 q,� 7 0 o@ `L � c -jU • m rn N`m 4 0 .W oo oo.ca c r �O' a- N a� E 'Eoara� m m.... Om�Wom W Q,;Ea g m o a Ov m q m Q,W E �'M EmEa ao o�cc4 aomm a m �m d� c B y4. cc a m m m`�c°.�E> c3c oo ar> o� .'E E E v'E�a aoW au oui0 E U d' ' aci U 1>11 y Uf 5_ O g E c7i '41. Ei N E oE.c C� m C 441 t_. amaiEo�i cc QUfY o�w�mm o�aO 2�� oma' a'1Kcli NJfJ�ULL a—c'W'C `� camig mo .=mci�a Uii00 Oovoy w' N m:. O 00 LL - 83 - a ._. z.o_ ITEM # 4 - 27 GENERAL COMMITTEE - JUNE 175 2008 3 �'02 w ruo'C Cro c a d 8s Ir W N N N N h- � 4 m O. 12yLl p roNm .. -CV41i: mL c t yc c aaE N Ejz wp mN'> a mL O'Y i@ri Dm O 6 > w@a 3mQw-n cwcvDm anD ac >m Y C m,s.('S @ O L O O N O E N j C w@ N 3 @ r� Lcw mw >.. N N mOZ yNcawi a mtt;;Ea o 0a �n Co off: 33E C w� w p 'a �3 c@.c wow •• @o °'din E C rope @ o m nw u> = Y Dr ;!= 'C o 0.2 wCp � To Dw�y _ .p w C w w >• •Gav 3wmcwi gym Ewa wmam wpaD 3wma� c». @ym Vic- c«w w.c_@4�CL;. 1�I1 `m rorn l I: .. ww. �LO YGy {gip0 UN (apom E Gd 'vw �C acid @ E�, ro @US J:: "c-'.ca ma oo.~� `o€ma 'Q� awwU w�•y ._�,w a aE,o wt]p .: 8=» NL C QJtC 3°3;w dL dG`OawC Aw �� W.N ppO UwGC w o E {gyp C E N N , t� O m wCE C'yww0 (QF NS_ E 0 3Q• -X 6 '. CNN" .L63' Q=y `� COT>¢ lW amU `L s Q N Q d a 9 Q N Q Q 'Np QIn L✓roy =LaQ.. '�i FQ i7 Fa N@ F CI N F N@@ F O F ro F P F 2 of S N N N ' wo oa (d p E orlk)� _ S Q O '� y L" a m C @ O2iO S Y m w O 'O VJ .w N Q III J. c O E w` a C D K C p 'E F C) w O) >•� "'% a Fo- p "a a m m m LU o J y a W G' W dJ ��w � qG�F; op ❑� o N Wi- o3�v Od 1 UNcYn. w- am¢a amwnl mp c E ra U Q' - O.Q N N N O w O O O O 4y�iE O ap O Ca O 00 O. '��'� OLI. � �:`LL'.�i:N O vN> a > <D > n > NN> �Iw J w N �44- w Jw mLL I: a� as a z.oa GENERAL COMMITTEE - JUNE 17, 2008 IITEM# 4.28 G O: C Q N h M. r O N•VS . Q U >U ro. c CL 'n75 a as y�U mN Ny EO'wO aN EN C'ill C R Oa=rn N lotl R 0a7_ ' 01 Q y CN w N o Cl C OmT Y n mC Lai" @tp N O R =1 LN CEm O_m m � a Z26+ £R m,'m qa.� a''aci ocEa ,q awgo10 i3iu�c q�0i °,.S aQyccc ryaEi �¢.3 0R0), R S N•N Ow 1IIN OR •.oam RAC v �Ec�v O+ ot: aa o �•;-Cgma=Gw •❑j� a �q vU) m yoR Es$Vmoco0 ykm •0.;Ni m«p�1" U'o nLRR o«a N N w 01 N w 0) E 's C i IA. R C 'C y C R U V 0 o' E C . N Qmv` a '�o� .'C. N O QQo ma .:s., -dcR4 R' ,� C O Qoro.ucREa'i� Q01 fc• a: c$ O R 2 g c w c S o s �'.IINq T ❑ q L T s_ p 0 0 q S ai� i .'.. E'! 4 4 � o uMi Ciro' qZ a,�: d a � d QE r J C 4.Y @ C •EO. (Ij. (1. oc u'-i a d cc' ofate- —ON y. C' m N O ag ^ -85-a a zo:w GENERAL COMMITTEE .JUN■17 2008 . I TEM # 4-2 IL 0 / \§ ® �;%!!; , / { §®te #f !\{.ow- ft& jE \{ \)k/fk\/ / § .\f}!�k/) (/ w{ wk\o000 1-e , |. .. - . \K ao,& ono v2G §�\) �.t�»f!=� ( �k))t3 ��~ten %!\J!&9 2 ƒ&20 § /QE rk003 . W-!-m GENERAL COMMITTEE -JUNE 17, 2008 ITEM # 4-30 co E tf F a w OR W D, 0- L woo 8 Om 0w N -0 u 0 (o �,, c 20 C) < uj 0 c � P C) m 0- & o 0 fo 20 C m Lu 0 w �o 0 h 0 = 0) E m o 2 < �, B tf m tf S - I P IL �p 0 0 0 - 0 m L a E w - �o tf 5 04--, 0 mW o 0 > r y3p fL co WI)o 0 z C? (b:z IN 0 0 a_ a 0- cl n_ 0 46 �6 E -6 0 < t� o -0 -2 Lu 2 U) =w j,� 0 0-2 0 LD E m C) 0 0 `P 0 R'E c 0 0% 46 0 Z.g McaQi (_D im 6 E i5 9 c v+6 46 0 W 0 0 Z.E C) to w c Wn E U m@ co c E 2 erf E0,.E E O. 2 I E 3: a V) a- 0 I_ (D v d5i E Do 0 W m 0 , v 2 0 m 9 N f z (D 0 0 of 72 E 0.0 Lu -0 0 co m '.2 0 M 0 0 o E-0 Z6 0 -U,G 46 [L W n 2 , 2 () 0, , - Q� 46 IP - m 0 - E T 1 0 bi b C) W "t ;y 0 w Rc6 m ct, < De rox 16 Q) C5 6 N c6 m m rL w O c N 0 > > ZOO GENERAL COMMITTEE - JUNE 17, 2008 (ITEM # 4.31 c L (/J a mUc!) r o CO O o Q U o o� an as £o 0 o, oo 0 Qo (n 0' fn cG w � Nd' N N O O (ck N d I6 r q O O O oMp O N N N N N U- ao (La $j `moot o, - v wo 00 nrnco rn "-3 dcoE 0m3m=°0 �u `moo ms b d ' a m •>�cm N N 'L+y w�E� O rn w �` E �°0 a c> 'Q 3E 3�m O 'do m� .'c-• o.cE�n tic aci�E} O C T u_ O N 'qm N o 0 o uroc. w 0 W m »L�• F .o N m f0 m `N m oN°- oo�' w2 wm. , >nE ma crn uoo�Eo N n N N 2 `� 0. C t �. O V n f6 m 9@'�. 3 am .� ��oaci Lora a Erma `o �ro cc °'�•° 0 0 > m E m £ �� . •� o. m rn 'c o r%£� y WD m 2Q U zcm 3'm— E �m� an, N (/1 �• U C- E iA Q ym� yccic Q OmoQac QEEQ .NN�aC TO �Ul S = 3 E H a y � w 0m m ACC Q_ uoin Z >� c- .gymC � m E U n C CD m �m m C C m N 3 mE U aoi o U n .��' E m m m o 'C cm> v a 3 >m Qorn_m ED— (U71tl '5 rO N� 4"1 M0 U.ON CO�OJ i WSW S.O 120 N<E FomU Q c OLN�> 0> 0 0 �D(V mO �JE N Uw�dim'd mom°• a �` rodid Uqi I d 0 o E�iU rm ri O:°Ka ci �.- INK N r N N N O o O O o O W O W o OS O W O (L a'K - 88 - a - GENERAL COMMITTEE - JUNE 17, 2008 1ITEM # a - 321 E 2 ro N � m O NU R c E m c O awc N N N N W O W O O N O N R R O >>O S U U_ ao ao h' O a 2 L 01 I/1 y N C N O c_m-' O.NcQ O_-j-Rpm ao N R ARNO R9'N NFL Yj 'a�N R .Ro C a2a0 ac �m U m0R,q�0 L'mcc U MR- OAN o m�'«`m o 2'm�E um«K 'p •- oc2...Qbra rno f yNai=i£�?:V Zoom ou ^�a'ioaAi oo>, E.E 'a .EoER .o y.o �'�� 2»��m `m E o 5 a Now m aami o s 20 ap = m< o y E LL a o y a m c� you o 0 N2 0 R E- G@ m O « r« O� E m 15 «O C N C O ^m' a .O. LO c LnN.N... omo`c_ ER °my'of EU- O O Ry R G �'' N O VJ R N M C G ro .n��`c. d 0 0 D N a N O Co ro a a O r `aiRroCS o-R mo to cc m ai R E a m E T - a N c ro _... N .o . oo u a ao a 'R �_ N o- aY'i m mm o. E 2« c .R. m•-c a y d ro c m tom om QON or mo o ma oa o�Ro amoroac�ic�'$tp6 «aro aa7a$m F .ern 2dc�> UU'v,� Farm a..w F F.o ua>a=.a F-o 4 R rn�-m Fa�i�moan Rwc o��u. Fcc Rjy:2 m = a� m o r c E o = o c 1tl m ow � F�aE2 �a2 H F F« Fmv«U� Fa.E2N FR�Em Un m � a 2- ) w O W c c c m W t o L m Nt- oo o -Ro E E 0 ao m !n of °o'mo Zp O 15 ooNa m¢2 >+ 0 2 (9O p rooRU'��m 0� o� SG N Q O (p J �O N W O (S 4 O O W O 0 O N O N w M p N GENERAL COMMITTEE .JUNE17 2 0 IITEM# 4.331 }0 . . !§/ \\\ ) ) °o02 0� °#f «E o:S ( ){54E !°®m®`-° •{®#k§!! §/a|u �\§!!± .�E< «)®0 f; ;»!&a00M 7`$;k °#¥/®afe ®;«,, m ®�rEf!&$ &ai=« w!o[& ee «000 k E §( -_ '6! 0\ Q k\) E.5 (}k� /§/ 020 .j§/ ;Ja§ {ME . k } GENERAL COMMITTEE - JUNE 17, 2008 ITEM # s - TOWN OF AURORA AURORA. GENERAL COMMITTEE REPORT No. LS08-030 SUBJECT: Library Building Automation System FROM: Allan D. Downey, Director of Leisure Services DATE: June 17, 2008 RECOMMENDATIONS THAT Council authorize Leisure Services staff to proceed with updates to the building automation and controls system at the Aurora Public Library for heating, ventilation and air conditioning controls in lieu of Capital Project #71046 to re -paint the Aurora Community Centre Arena #2 metal roof system. BACKGROUND Council approved the painting of the metal roof system at the Aurora Community Centre Arena #2 in the 2008 Capital budget in the amount of $40,000. Although the ceiling deck requires painting of greater significance is the need to update the building automation and central system and defer the ceiling deck painting until 2009. Staff proposes using a portion of the Capital funding for this project, $25,000.00 to fund the installation of a building automation and controls system for the HVAC equipment at the Aurora Public Library. A library building automation system was submitted as a Capital request in the 2008 Capital Works Budget and has been deferred to 2009. COMMENTS Currently the HVAC equipment at the library is being controlled by an outdated panel and program that limits the scheduling and control of equipment including boilers, pumps, variable air volume boxes and air handling units. In addition, the system requires updated air balancing. Staff proposes upgrading the control panel and software and re -balancing the building HVAC system. This upgrade would reduce heating fuel consumption by an estimated 3% and hydro consumption by approximately 1 %. Total energy conservation per year of approximately 2220 Cu M of natural gas consumption or a savings of $812.00 per year and 6,871 KwH of hydro consumption per year or a savings of $800.00 per year. Additionally, staff estimates maintenance savings of $600.00 per year. Total greenhouse gas emission reductions are estimated at 11,089 kg/per year. All greenhouse gas emission reductions are calculated based on the Ministry of Energy emission reduction factors. OPTIONS 1. As recommended in this report. . 2. Proceed with Capital Project and re -paint the Aurora Community Centre metal roof and re -submit the request for the Aurora Public Library building automation system in the 2009 Capital Budget. l2 _91_ GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17, 2008 - 2 - Report No. LS08-030 3. Proceed with the installation of the building automation system at the Aurora Public Library.in 2008 and Capital Project #71046 to paint the metal roof system at the Aurora Community Centre Arena #2 will increase the Capital Budget by $25,000. FINANCIAL IMPLICATIONS Total project cost for 2008 would not exceed $25,000.00. Staff proposes using the funding source for Capital Project #71046 and deferral of Project #71046 for re -submission in the 2009 Capital budget. CONCLUSIONS Staff recommends proceeding with upgrades to the building automation system at the Aurora Public Library in 2008 and re -submission of Capital Project 971046 in the 2009 Capital Budget. LINK TO STRATEGIC PLAN Goal A: Foster and enhance a strong and stable economy consistent with the attributes of a sustainable community. 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 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 81: Plan for the future to continue controlled and well -planned growth Objective Cl: Maintain, respect, preserve and enhance natural environment, natural heritage and green spaces Objective C3: Develop strategies to encourage stewardship of Aurora's air, water and land resources Objective D1: Continue the commitment of fiscal responsibility and accountability ATTACHMENTS Attachment #1; Capital Budget Sheet, Analysis by Project, Project #72072. Attachment #2; Capital Budget Sheet, Analysis by Project, Project #71046. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, June 4, 2008. Prepared by: Aaron Karmazyn, Manager of Facilities & Property- Ext. 4323 Allanrr�wrr� Rogers Director of Leisure Services -"92 - Chief Administrative Officer GENERAL COMMITTEE - JUNE 179 2008 ITEM # TOWN OF AURORA CAPITAL BUDGET -ANALYSIS BY PROJECT Pa a No: 1 Project ID 172072 Project Name: Library HVAC Balancing and Automation at This project would replace the current control system which is inefficient. An updated control panel and building automation software is required to efficiently control heat and cooling throughout the facility. This new system would also include programing for seasonal temperature adjustments. -93- GENERAL COMM 5Kuu�N((+r�� F^-1wm.sn#F.aA^�!^AS.R�.9R',RJR=-.%t-i"-yc352%'d�"ARLY�... � pp i�.P4y � M Of 5 - 4 $ 6'perat1 9annd apical Budget - April 22, 200 TOWN Or AURORA CAPITAL BUDGET -ANALYSIS BY.PROJECT Pa a No: 34 Project ID : 71 a46 Project Name: ACC 2 Interior Roof Deck Department: lFleel Management Service 1 Program : - Leisure services Year of Initiation: 2006 . Addresses Council Direction : No Portions of trie metal aeeK, structural steel and SpUnKler pipes are snowing signs or ugnt rust. Town staff recommends surface preparation, through power washing and chemical scrubs,_ and painting of these surfaces with a dryfall paint that once cured is moisture resistant and will prevent the further rusting of metal surfaces on the Interior roof deck of this arena. Dryfall paint is specially designed paint that will only adhere to the surface it Is directly sprayed onto. If it does not adhere immediately, if will well to the ground In a - .powder form which is easily�gathered up after painting is completed. Tojal . 94 _ - 271 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 6. 1 ,<_--� TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PW08-022 SUBJECT, Lead Sampling Update FROM: . llmar Simanovskis, Director of Public Works DATE: June 17, 2008. RECOMMENDATIONS THAT Report PW08-022 - Lead Sampling Update, be received for information; and THAT Council approve the continuation of the lead testing program with the use of in-house staff. BACKGROUND In consideration of Report No. PW07-044 — New Lead Sampling Requirements, Council at its meeting of November 20, 2007 had received for information details on new Provincial lead testing regulations and specific parameters of the proposed sampling program, complete with potential impacts to the Town of Aurora's operation. Staff was to report back to Council on any impacts to the Town's operation: `At this time, staff is proposing to conduct at least the first round of testing using in-house staff resources. We will, however, be monitoring. the time requirements closely, and will report further to Council should these new testing requirements cause excessive disruptions in our normal levels of service." Town staff has now completed the first round of tests and provides the following results and comments in the body of this report. COMMENTS As detailed originally in Report No. PW07-044, which introduced the new lead testing program, the Town of Aurora was required to obtain and test samples from eighty residential homes, eight non-residential locations, and a minimum of sixteen distribution system locations in each six month period, for four rounds of testing. The first round of sampling was to be completed between December 15, 2007 and April 15, 2008, and the second round is to commence on June 15, 2008, and thereafter every six months. - 95 - GENERAL COMMITTEE - JUNE 179 2008 ITEM # June 17, 2008 2 - Report No. PW08-022 Originally, the Town began to solicit for volunteer residents by placing a letter in the Notice Board of the Era Banner and the Town website. The response was poor and could not fulfil our requirements. For that reason, staff accelerated the notifications by hand delivering program invitation letters to target homes in older subdivisions that possibly may still have lead plumbing inside the house. Once notifications were completed, the overall response from residents was exceptional. Within one week staff had enough volunteers to meet our requirements for the first two rounds of sampling. As well, staff obtained an additional sixty-one volunteers for the third. round of sampling which will start December 15, 2008. With that, staff commenced the first round of sampling and testing on January 16, 2008 and had completed the procedure on February 21, 2008. The overall staffing requirements to complete the procedure consisted of two licensed waterworks staff members who were engaged in the sampling activity for about two hours per day for six weeks. Town staff sampled eighty private residential properties, eight non-residential and fifty-two distribution samples, as required. There were no disruptions with the normal level of service of other waterworks operations. In regards to the sample results all samples tested passed with no lead found. The Ontario drinking water quality standard and National guideline for maximum acceptable lead concentration is 10 micrograms per litre (ug/L), equivalent to 0.010 milligrams per litre (mg/L). All sample results returned with zero to negligible parts per trillion traces. OPTIONS With regards to the new lead testing requirements, there are no options presented because the Province mandated these new tests and the Town of Aurora must continue to meet all water quality testing legislation. Council may wish to out -source the sampling works to a contacted firm to allow staff more time to engage with other standard waterworks operations. FINANCIAL IMPLICATIONS Staff had allocated an additional $25,000 in the 2008 Operations Budget to accommodate the new expanded testing regime, which is identified in the water quality section of the Water/Sewer Budget. The additional funds were generated through a reorganization of activities and transfers from other related water/sewer centres. As such, because of the relatively low impact on staffing and resources, appropriate funds remain available to continue the program for 2008 with in-house staff. -96- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # .- 3 June 17, 2008 - 3 - Report No. PW08-022 CONCLUSIONS ..._............................... In summary, Aurora is in complete compliance with the new lead testing requirements and tests to date also indicate that there are no lead concentration concerns in either the distribution system or in any private homes that were sampled. All Town staff working on the drinking -water system have the required certification and expertise to continue with the program, with the first round of testing being completed with a lower than anticipated impact to staff time and resources. As such, because of the success of this program to date, staff recommends that Public Works Operations continue to utilize in-house staff and to proceed with the program in the same manner as the first round of testing. LINK TO STRATEGIC PLAN Goal C: Promote a healthy environment that fosters social and physical well being Objective C2: Enhance and promote public safety PRE -SUBMISSION REVIEW Management Team Meeting — June 4, 2008. Prepared by: Luigi Colangelo, Water/Wastewater Supervisor, ext. 3442 mar Simanovskis ��''John S. Rogers Director of Public Works Chief Administrative Officer W0iAM GENERAL COMMITTEE - JUNE 179 2008 ITEM # 7-1 TOWN OF AURORA AUR-O— RA GENERAL COMMITTEE REPORT No. PW08-025 SUBJECT: Award of Tender PW2008-37 -For the Supply and Operation of Four Snow Removal Trucks FROM: limar Simanovskis, Director of Public Works DATE: June 17, 2008 RECOMMENDATIONS THAT the number of snowplow routes increase by one additional route to a total of nine routes, of which four routes will be maintained by external contract services and five routes will be maintained by Town staff; and THAT Tender No. PW2008-37- for the Supply and Operation of Four Snow Removal Trucks be awarded to 614128 Ontario Ltd. c/o Trisan Construction Ltd in the amount of $378,980.00, excluding GST, per year for a period of three years. BACKGROUND The provicus tenderfor the supply and operation of snow removal trucks expired on March 31, 2008. This contract was extended by one year in 2007 to accommodate the 2007108 winter season. To ensure competitive pricing is maintained, the following tender was issued in the spring of 2008 to secure snow removal services for a three year period with the additional option of permitting up to two one year extensions. This tender is only for the road portion of the snow management program; sidewalks, and municipal parking lots are managed separately. COMMENTS Increase in Number of Snow Routes The Province's Minimum Highway Maintenance Standards introduced in 2002 and adopted by Council at its meeting of December 17, 2002 provide municipalities with base service levels for various road maintenance activities. Although these standards are not obligatory, they provide municipalities with a defence for minimum statutory care should there be any insurance claims or legal action brought forward. Last winter eight routes were required to maintain these minimum levels. The number of new roads being added to the Town's asset inventory has put increased pressure on our ability to deliver the approved level of service. Some of these new additions include areas -98- GENERAL COMMITTEE - JUNE 177 2008 ITEM #_ June 17, 2008 - 2 - Report No. PW08-025 east of Bayview Avenue, St. John's Sideroad/Bathurst Street, Vandorf/Bayview Avenue, Elderberry Trail/Yonge Street and Bathurst Street /Bloomington Sideroad and have added close to,30 km of new roads. To address this growth, a new snow plow route has been identified and is presented in Appendix "A". The addition of this ninth route will ensure that we meet the current level of service and Minimum Municipal Maintenance standards. Tender Process Tender No. PW2008-37 is for the supply and operation of snow removal trucks that can perform the functions of plowing, salting, sanding, and pre -wetting. This tender closed on May 20, 2008 with a total of seven vendors picking up tender documents. The Tenderwas issued by the Financial Services Department and advertised according to the requirements of the Town's standard purchasing policies and procedures. Only two tenders were received and the results, excluding GST, and are as follows. Tenderer Total Tender Price Per Year 614128 Ontario c/o TriSan $378,980.00 Construction Armitage Construction $499,200.00 The low bidder is 614128 Ontario c/o TriSan Construction at a total tender price of $378,980.00, excluding GST, per year for a period of three years with the option of two additional years. This is the same contractor that provided the snow clearing service in the recently expired contract and staff are familiar with their service levels and satisfied with their past performance. There is sufficient funding in the current approved budget for the 2008/09 winter season with a need to increase the forecast budgets in 2009 and 2010. OPTIONS 1. As recommended in this report. 2. Award the contract with adjustments to maintain eight routes which will impact on Town approved service levels. 3. Reduce number of contracted Vehicles and increase In-house fleet and staffing. FINANCIAL IMPLICATIONS There is sufficient funding in the winter maintenance operating budgets to meet the seasonal obligations for the 2008/09 winter season with a need to increase the forecast budgets for 2009 and 2010. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 7 - 3 June 17, 2008 - 3 - Report No. PW08-025 CONCLUSIONS The tender for the supply and operation of four snow removal trucks was completed in accordance with procurement policies. Of the seven tender packages distributed to vendors, only two submissions were received. It is recommended that Tender No. PW2008-37 be awarded to 614128 Ontario Ltd, c/o Trisan Construction Ltd in the amount of $378,980.00, excluding GST, per year for a period of three years. LINK TO STRATEGIC PLAN Goal A - To Maintain a Well Managed and Fiscally Responsible Municipality are identified as a complimentary link to this report and are supported by Long Term Strategy No. 6 — Reviewing practices for the contracting out of services if such processes can result in obtaining efficiencies and monetary savings. ATTACHMENTS Appendix "A" - Map of new road additions for maintenance PRE -SUBMISSION REVIEW Management Team Meeting — Junel0, 2008 Prepared by: Brad Schonauer, RoadslTraffic/h'leet Supervisor, Ext. 3444 ar -gi—idanovskis .-- John S. Rogers Director of Public Works Chief Administrative Officer -100- GENERAL COMMITTEE - JUNE 17, 2008 ITEM APPENDIX "A" e H�anrl' a nnin enois - uM o eo> NMOl i cnv x s 133b15 ]Y1531 + 133b+S 3p531 a� _ _ O) V f^ 13,ib15 f Q m to O N 00 �n Y � d 3 F� �. •Y_ ��ro x W �+� 3Ab M31�AYB ❑ S Lid Q v Y 133b11 30NOA In k / o zwN 4G �� T `-0 4Nlh j0 4/HSA//,.741 is +sanwve s I 0 0 a GENERAL COMMITTEE - JUNE 17, 2008 ITEM # TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PW08-026 SUBJECT: investigation of a Snow Windrow Clearing Program for Seniors and Physically Challenged Residents FROM: limar Simanovskis, Director of Public Works DATE: IJune 17, 2008 RECOMMENDATIONS THAT Council consider the implementation .options outlined in this report and provide direction. BACKGROUND The following resolution was carried at the General Committee Meeting of March 18, 2008 and adopted at Council the following week: WHEREAS, the Aurora winters are becoming more severe, leading to significant increase in stress associated from the present number of occurrences of heavy snow plow windrows to the Aurora Seniors; and WHEREAS, the removal of the snow plow windrow at the end of the driveway can be, in some cases, a huge undertaking, causing much inconvenience to the Aurora Seniorby not allowing them access out of theirdriveway foressential appointments; and WHEREAS, many Seniors can be physically impaired and/or unable to remove this snowplow windrow that has, in effect, taken away their mobility to gain access to much needed Aurora services that they require; THEREFORE, BE IT RESOLVED THAT staff bring back to Council suggested implementation options and costs associated with offering the Aurora Seniors who are unable or physically challenged, a Snow Plow Windrow Removal Program, similar to what is currently offered by other York Region municipalities. With this direction, staff have completed an investigation and present the finding in this report. -102- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17,2008 COMMENTS -2- No. PWOB-026 To assess the options for developing a snow windrow removal program in the Town, staff have collected information from municipalities that have implemented similar programs, conducted a public survey to identify the potential client base and have solicited feedback from residents on program options based on current practices. The following sections provide details to these activities. 1.0 Municipalities with Existing Programs Although not all municipalities provide snow windrow cleaning programs, there are a number of areas that have this type of program in place. The municipalities that were consulted for this investigation include;. • City of Oshawa • Town of Markham • Town of Richmond Hill • City of Oakville • Town of Whitby To assess the programs, each municipality was requested to provide information on the following factors: • Length of time program has been in place; • Residents who are eligible for the program; How many households are included in the program; • What percent of the total population does the customer base represent; • How is level of service defined; • How is the program funded; • How is the service delivered; • What is the cost per household for a typical season. Appendix "A" summarizes the results of this survey and the following sections identify the highlights that were considered for program development. Public Participation The average program participation based on a percentage of population was approximately 0.5 to 1.0 percent, with the City of Oshawa at the high end of 1.5 percent. When . discussing this with the City, some reasons for this higher than average participation included the number of years the program has been running and the administrative policies that may not be as strict as in other municipalities. All but one of the municipalities targeted the program to seniors 65 years and older and -103- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17, 2008 1 -3- Report No. PW08-026 persons with physical limitations. The Town of Markham amended their threshold age from 65 to 60 in the fall of 2007. Level of Service The two key factors in level of service are: 1) when the windrow clearing should occur based on the amount of snowfall and, 2) how long should the cleanup take after the snowfall has occurred. This is a critical aspect of any program and has direct implications on program costs. The highest costing program would have a level of service that is based on minimal snowfall accumulation as a trigger, and the shortest duration to clean the Windrow after the event. The average snow accumulation forthe municipalities surveyed was approximately 10 cm prior to initiating a windrow cleaning. The City of Oshawa identified 2 cm and indicated that windrows are cleaned for virtually every snowfall. This criterion influences the number of windrow clearing events that would occur in a season. Based on comments from other municipalities, one can expect a range of five to fifteen windrow clearing events per season. Once the decision to clear the windrows is made, the target time to perform the work varies from as low as 8 hours to as high as 3 days after the event. This is a worst case target and residents would typically experience durations much shorter than the set target. An average for the municipalities sampled would be in the range of 24 hours after the completion of the road plowing (this is excluding the City of Oshawa with the 3 day target). Service Delivery Model Municipalities have had success with both the in-house servicedelivery model and the outsourced model. The in-house model is ideal for municipalities that provide the bulk of their snow management operations internally and, where contract services were more prevalent, the outsourcing model was preferred. It is noted that advantages to the outsourcing model include better service delivery, better cost control and less impact on internal operations resources. The in-house model worked well where the staff and equipment wasmade available and work load levelling could be performed across other departmental duties. Program Costs Almost all the municipalities, with the exception of Oakville, provided the program at no cost to the residents. The funding is allocated within their winter maintenance programs and was budgeted based on the number of estimated windrow clearing events required per season. The average annual budget per household per season was $55, with one municipality -104- GENERAL COMMITTEE - JUNE 179 2008 ITEM # June 17, 2008 - a - Report No. PW08-026 . reporting an actual cost of $76 for the recent season. Considering the variability in the number of expected events per season, the average cost per household per event was estimated to be in the range of $2 to $9. General Municipal Feedback on Existing Prodrams The following points were raised by the various municipalities for consideration when developing a new program. Residents should register for program every year to ensure service is provided to qualified individuals; • Participants should register for program by a fixed dates (suggest December 1) to allow staff time to plan routes (first year should start earlier for initial set up); • Registration after December 1 should not be encouraged to allow for efficient service delivery; • Nominal user rate should be charged to encourage legitimate use of program; • Proof of age or disability should be provided to ensure legitimate program use; o Contract services result in shorter wait times and can be cost. effective when minimum workload is available during off peak times; Initial capital costs can be high if service is provided in-house and may take several years to recover these costs; • Most efficient delivery of windrow removal is as a separate operation from road plowing and sidewalk plowing; Best way to manage program costs is a balance of reasonable snowfall trigger and length of time to clear driveway after a snow fall; • Town should be responsible for deciding when windrow clearing is required based on weather conditions; • Look for opportunities to use other department resources if and when available. These points have been considered in developing the Aurora program proposal. 2.0 Public Feedback The residents were provided two opportunities for input to the development of this program. The first was a resident survey that was widely published through the local papers, the Town website and the seniors centre. The survey continued for a two week period ending May 6, 2008. The second opportunity was through a public open house that was widely advertised and conducted at the seniors centre on May 29, 2008. The survey resulted in a total of 123 submissions and of these 123, 113 where 65 years of age or older. Also 80 of the respondents indicated that they would be willing to pay a nominal fee depending on what that fee may be. From this survey staff accomplished two objectives; assessment of the level of interest for this type of program, and opinion on the acceptability of charging a nominal fee for the service. -105- GENERAL COMMITTEE - JUNE 179 2008 ITEM # June 17, 2008 - 5 - Report No. PW08-026 The public open house was also successful with an overall turnout of over 40 residents signing in. It was determined that almost all in attendance also submitted comments on the initial survey which confirmed that the same demographip were attending the information centre. All comments received during both of the above events were considered in developing a proposed program and are included as Appendix "B". The form of questionnaire and the open house presentation are included as Appendix "C" and "D". 3.0 . Aurora Program Proposal Demographics The following summarizes the demographics for the Town of Aurora: • 49,407 - - The 2007 resident population; • 14,000 - The number of residential driveways; • 6,620 - The number of residents aged 60 and over; • 4,326 - The number of residents aged 65 and over. Based on this information and the experience of other municipalities, the expected participation rate for the Town of Aurora should be in the range of 250 to 500 households assuming a program uptake of 0.5 to 1.0 percent of the population. Considering Oakville's experience during their three,year pilot program, it may be prudent to have a reduced start- up target for the first three years in line with expected program uptake. A start-up target of 150 residents would represent approximately 0.3 percent and is sufficient to service the initial demand based on the survey results. The program should then be expanded to 250 and 350 in the two subsequent years. Proposed Level of Service The proposed level of service based on municipal and community feedback would be as follows: • Service will be offered to residents aged 65 and over .or residents with physical disabilities; • Windrow clearing will occur when snowfall accumulation exceeds 10 cm (4 inches) per event; • Clearing will be completed within 24 hours after completion of the road plowing operations; • Annual registration to be submitted to the Town by December 1 of each season. This is consistent with other municipalities and provides a level of service that balances participant expectations with program costs. -106- GENERAL COMMITTEE - JUNE 177 2008 ITEM # June 17 2008 - 6 - Report No. PW08-026 Proposed Service Delivery, Model The delivery of this program has three key components being: • Client administration; • Service administration; • Service delivery. Components of client administration include client registration tracking, client complaints, management and feedback, and client list management. This component can be either managed internally through the Public Works Department or can be managed by the seniors centre. The benefits of delivering this component with assistance from the seniors centre is that a large portion of the client base are already involved in the seniors association resulting in better communication and issues management. Regardless of the delivery model, the Public Works Departmentwill be required to maintain close contact with the program participants. Service administration involves development of plow routes, maintaining service level commitments, relegating sufficient resources to deliver the .service and providing quality control to meet the desired outcomes. This responsibility will be retained by the Public Works Department and will be in addition to existing winter snow removal.duties. Service delivery is the method in which the windrow removal will occur. Staff considered both in-house and contract service delivery. In-house considerations included use of available equipment throughout the organization and reallocation of resources to deliver the service. It was determined that equipment needs could not be met without purchasing additional vehicles and staff would not be available during snow events as current practices require all available staff to assist during a show event. The recommendation is therefore to deliver this service through an external contractor. This would be a separate contract from the current road and sidewalk clearing contracts to ensure that any resource constraints do not adversely influence service delivery. The primary benefit to this approach is cost control. This is important in the initial stages of the program and will minimize risks associated with variations in the number of participants and the timeliness of the service delivery. A service deliver assessment can be made in the future to determine if there are benefits to converting to in-house delivery. The proposed service delivery model will balance these three aspects with the required level of service to ensure that residents experience their desired outcome and at a cost that is reasonable for the program. -107- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17, 2008 - 7 - Report No. PW08-026 OPTIONS 1.0 Service Delivery Options The following are the service delivery options to be considered: Contract Service for 3 Year Period - Seniors/ physical constraints persons only . This option is as requested by Councils motion and is similar to the types of programs surveyed at other municipalities -This option is delivered in a similar mannerto the current process used to deliver a portion of the Towns road and sidewalk snow removal services. The process works well and results in competitive pricing for the Town. In -House Program Delivery - Seniors/ physical constraints persons only This option is based on in-house service delivery of the above option and will require additional equipment purchases and staff increases to support the program. Contract Service for 3 Year Period - Full Town Service This option is presented based on resident feedback requesting consideration of a Town wide program. The most appropriate delivery model would be contract services due to the magnitude of the program. 2.0 Cost Recovery Options Cost recover options to be considered include: Self Funded Program through User Fees This option is based on charging each participant an annual fee for the service based on expected program costs. Program Funded through Tax Levy This option would fund the program through the operating budget similar to the road and sidewalk programs and would impact the tax levy. Blended Funding Model This option would require a nominal season user fee to offset program costs with the remaining costs being funded through tax levy. This option allows for a stable costing model for the residents while ensuring sufficient funding is reserved for covering program costs. -108- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17, 2008 FINANCIAL IMPLICATIONS W-M No. PW08-026 For purposes of program cost development and program delivery cost comparisons, the following assumptions have been made: Work Load The expected number of windrow clearing events for the Town is 10. This is based on the identified range of 5 to 15 in conjunction with staff experience. Contract Cost Parameters The research suggests a program cost range of $2 to $9 per event per household. Staff have consulted contract services that have provided service to the Town in the past and where unable to secure this level of pricing with confidence. Until a competitive process can be completed, actual costs will be difficult to determine. It is therefore recommended that for budget purposes a rate of $15 should be carried with the expectation that unit costs will decrease as the program matures and the client base is established. In -House Cost Parameters Equipment requirements are based on a plow vehicle valued at $50,000. Production is anticipated to be in the range of 100 to 150 houses per vehicle to meet the expected service level. Labour costs are based on seasonal staff requirements and are estimated at $25,000 per staff. Each vehicle will require a seasonal staff member. Administration costs are estimated to require 0.25 of an FTE to manage the program whether it is delivered through a contract or in-house. This is equivalent to $15,000 per year in additional staffing costs. The following table summarized the cost analysis. Year Participant Count Contracted Service In House Service Cost per House/ season Admin Cost Total Equipment FTE Seasonal and admin Total 1 150 $150 $15,000 $37,500 $50,000 $40,000 $90,000 2 250 $150 $15,000 $52 500 $50,000 $65,000 $115,000 3 350 $150 $15,000 $67,500 $65,000 $65,000 4 450 $150 $15,000 $82,500 $50,000 $90,000 $140,000 5 500 $150 $15,000 $90,000 $90 000 $90,000 6 500 $150 $15,000 $90,000 $90,000 $90,000 7 500 $150 $15,000 $90,000 1 1 $90,000 1 $90,000 8 500 $150 $15,000 $90,000 $90,000 $90,000 9 500 $150 $15,000 $90,000 $90,000 $90,000 10 500 $150 $15,000 $90,000 $90,000 $90,000 Total Program Costs _ $780,000 $950,000 -109- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 8 - 9 June 17, 2008 - 9 - Report No. PW08-026 Based on this analysis, the average budget per household per season for contract services is $186, and the cost for in-house service delivery including equipment expenses is $226. These costs can be reduced by either reducing the number of events thatwill be budgeted for in a season or by increasing the time to respond after a snow event has occurred. It is also important to note that program participation may be higher than expected in the initial years if the program is provided without a user fee. Based on this analysis, it is recommended that the windrow program be provided through contract services and that a budget for the program be developed based on a blended funding model. One option is that a flat fee seasonal user rate of $50 be established and that the remaining funding requirements be provided through tax levy. The funding sources for this option would be a shown below: Funding Sources Year Total funding,User Fees Tax Le 2009 $37,500 $7,500 $30,000 2010 $52,500 $12,500 $40,000 2011 $67,500 $17,500 $50,000 There was also a request.to consider a windrow program for the entire community. Assuming a contracted service based on a reduced rate of $5 per household per event and 10 events per year, the cost for servicing 14,000 residents is approximately $2.1 M for a three year contract. CONCLUSIONS Publicfeedback in a windrow program suggests thatthere is interest in the population aged 65 and over and that two-thirds of the respondents would consider a reasonable fee acceptable for the service. Several municipalities currently offer similar services and in most cases include the program costs within the operating budget. The program participation rate may be sooner than anticipated of the fee for service approach is not adopted. The program can be implemented for the 2008109 season provided direction to proceed is made prior to September to allow sufficient time to secure the necessary services. LINK TO STRATEGIC PLAN Goal C: Promote a healthy environment that fosters social and physical well being Objective C2: Enhance and promote public safety Objective C6: Review and improve accessibility for persons with disabilities - 110 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17 2008 -10 - Report No. PW08-026 Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens. Objective D2: Enhance customer service Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision making. ATTACHMENTS • Appendix "A" —Summary of participating municipalities in snow removal program • Appendix "B" — Summary of comments from Surveyed Residents . • Appendix "C" — Snow Windrow Program Survey and Questionnaire • Appendix "D" — Open House Presentation • Appendix "E" — Sample of Town of Richmond Hill Snow Windrow Removal program PRE -SUBMISSION REVIEW Senior Management Team Meeting of June 4, 2008 Prepared by: ter Horvath, Manager of Operations, ext. 3446 Nmar >�ovskis ohn S. Rogers erector of Public Works Chief Administrative Officer GENERAL COMMITTEE - JUNE 17, 2008 ITEM # e621 kn U s s (S c�ij wo 'A A C O V O vtDn 7 0 0 on N r xnN .y �i A pro N O A .�i H O' H O G L P+ Ypl O a�i u C M M w .=� N w O M w i8 goo ,� g y ti y tl pp p c O c y g O o CI i O 'S o �✓ y O m b F�. Vi N .G Bpi. �,' 3 . OD 40 4! �+ y U �0 G1 y V N y • Cw q L7w cS �w yy uaA U� �v cl 0 0 O o 0 0 °n o e ai O e it o P64 d e w m o w z o ri r N o ..� Fig� L CA } +n in o y i 03 i - 112 - GENERAL COMMITTEE -. JUNE 17, 2008 ITEM # a - 12 APPENDIX " 3" Summary of Comments from Surveyed Residents 1. 90% of residents surveyed are over 65 with 10% of those disabled as well. 2. 80% will pay a nominal fee if required. Some feel they pay enough taxes. 3. Many pay a contractor to clear windrow. 4. Those who live on corner lots or curve of road get the brunt of the snow left by street plows. 5. Sidewalk plows leave windrows also. 6. Many feel that windrow plow should follow behind street plow or street plow have an extension arm making it unnecessary to hire another truck. 7. Other municipalities have program in place and so should Aurora. 6. Many feel windrow clearing is the most difficult part of shovelling. Summary of Questionnaire Responses Question No. 1 Does it matter to you who would perform the windrow clearing, contractor or Town staff? Response: Yes (3) No (26) Question No. 2 Do you feel the proposed program would meet your needs? Response: Yes (19) No (2) Maybe (5) Question No. 3 Was there enough information presented at the Open House? Response: Yes (24) No. (3) Question No. 4 The annual budget cost per year per household is $30 to $135. Is that acceptable to you? Response: Yes (19) No (9) -113- GENERAL COMMIS T F - JUNE 17, 2008 ITEM AURORA APPENDIX "C" you s-� 4F(, g04dc aora.V SNOW WINDROW CLEARING, FOR SENIORS & DISABLED RESIDENTS The Town of Aurora is seeking input to.investigate the options on developing a winter snow windrow clearing program for seniors and physically disabled residents. A windrow is the snow left at the end of a driveway after the snow plow has cleared the street. Aurora Council would like to know how many residents would be interested in this type of program. To provide your feedback, please use one of the following options: I. Complete our online survey at www.e-aurora.ca by clicking on the link on our Home Page 2. ' Complete the form below and deliver it to the Info Aurora Desk on the first floor at Aurora Town Hall (Monday — Friday 9:30 a.m. — 4:30 p.m.) or to the Aurora Seniors, Centre (Monday and Thursday 9:00 am to 5:00 pm, Tuesday 9:00 am to 9:00 pm Wednesday 9:00 am to 6:00 pm, Friday 9:00 am to 11:00 pm) 3. Call 905-727-3123 ext. 4370 4. Fax 905-841-7119 Deadline for responses is Tuesday, May 6, 2008. NAME: ADDRESS: I am a resident over the age of 65 or disabled and are interested in a residential windrow clearing program: YES NO (Please circle the appropriate response) I would participate in the program if there was a nominal cost for the service. YES NO (Please circle the appropriate response) If you would like to provide the Town with additional feedback, please write your comments down and submit them with your completed form. Alternatively, our online survey will allow for additional commentary. Council and the Town thank you for your participation. -114- GENERAL COMMITTEE - JUNE 17, 2008 May 29, 2008 Name ITEM # Snow Windrow Program Questionnaire Address Phone#i 1. Does it matter to you who would perform the windrow clearing? Contractor or Town staff? Yes No 2. no you feel the proposed program would meet your needs? Yes No 3. Was there enough information presented at the Open House?' Yes— No- 4. The annual budget cost per year per household is $30 to $135? Is that acceptable to you? Yes_ No_ 5. Are there any other items on such a program you'd like info on? Yes_ No. Comment 6. Any other comments? -115- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 8 - 15 U2;J ALI R i Snow Windrow Cleaning Investigation Public Open House May 29) 2008 r. f ..... .. is _ .. .vf Council. Resolution Council, at its meeting of March 26, 2008 adopted the following resolution: WHEREAS, the Aurora winters are becoming more severe, leading to significant increase in stress associated from the present number of occurrences of heavy snowplow windrows to the Aurora Seniors; and WHEREAS, the removal of the snow plow windrow at the end of the driveway can be, in some cases, a huge undertaking, causing much inconvenience to the Aurora Senior by not allowing them access out of their driveway for essential appointments; and WHEREAS, many Seniors can be physically impaired and/or unable to remove this snow plow windrow that has, In effect, taken away their mobility to gain access to much needed Aurora services that they require, THEREFORE, BE IT RESOLVED THAT staff bring back to Council suggested implementation options and costs associated with offering the Aurora Seniors who are unable or physically challenged, a Snow Plow Windrow Removal Program, similar to what is currently offered by other York Region municipalities. GENERAL COMMITTEE - JUNE 179 2008 ITEM # Snowplow Events per Season WINTER EVENT COMPARISONS GENERAL COMMITTEE - JUNE 17, 2008 ITEM # What other Municipalities are Doing City Years in eligibility Number Percent of Service Level of Funding Cost per Place of users population Delivery Service Method houselmld /season Oshawa. 15 years 65 or 2,300 1.6% In -home Z'em, Inelaaea in SID plos@al amff Within3dnp operaling C.iniUan orsnow event Budget ' (816tl,000) ' Merlthem NA 60+or 1,600 0.6% C"I.e( 5-8 em, Included in 533 phyriopl Service w4hin8 e,relidg condhian bouri of Ludget(53,000) ow plowing Riehmund mylgus 65+ or 1,000 0.5% ln,honse Within 30 Included In S45 Hill physical staff hounof operating condlllon snow full budget (MS,o0a) Oakville. 3y,or 65 or 240 0.2% Contract 10cm, Charged to no pilot 9bysical Servlee withln 24 resident (actual (Maul rant '.."bud condhlon beano( re" rocurb 're". ces's S301 pee 07/48 snow plowing $80,000) hmuHloW) Whitby 9y r pf 618 , "O;b$k In-h [ 8-Io � 7 � 1 d yncal AL. M>RA stn t t - h In og. _2 HOL: tos1 Common Program Considerations • Public Interest —Average participation is between 0.5 to 1,0 percent of community population — Service targets age 65+ and physically limited persons — Markham reduced age to 60 based on public demand AUnctc7RA ��c`� 3 GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Common Program Considerations • Service Delivery Models — Success with both in-house delivery and contract services — In-house • ADVANTAGES: direct control, utilize all resources, potentially lower costs • DISADVANTAGES: may require longer time to clean windrow, required investment in additional equipment, need to borrow staff from other service areas — Contract • ADVANTAGES: Clear windrows in shorter time, operating parallel to snowplow operations as separate contract, can use equipment from other contracts, no impact on internal operations • DISADVANTAGE: potentially higher costs, standby costs, need for quality control Y0' :�'- t i° rxmry Common Program Considerations • Level of Service — Two key factors in level of service are; 1) the amount of snowfall required to trigger windrow clearing and 2) the time it takes to clean the windrow after a snowfall — The lower the snowfall trigger, the more often the cleaning will be required — The shorter the time to clean the more costs in providing the necessary equipment and manpower — Number of snow events requiring windrow clearing could range from 5 to 15 a year (based on service m IeV�v Rena and weather) AUAW 4 -119- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 8- Common Program Considerations • Program Costs — In-house programs easier to control operating costs but may have significant initial equipment costs (up to $160,000 for 3 small plow trucks) average annual budget per household $55, with actual costs as high as $76 per year —Average cost per household per event (estimated) $2 to $9 per event 7,19 T._ . Aoi;ZC)RA Aurora Statistics • Number of residents 49,407 • Number of residential driveways 14,000 • Residents aged 60 and over 6,020 persons (12.2% of population) • Residents aged 65 and over4,326 persons (8.8% of population) • 1 % of population is 494 residents , a hIJRQlt/�. ,KJ c, 5 -120- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 8 - 20 Survey results • Public survey conducted April 15 to April 29. • Total responses: 123 • Age of responses —65+: 113 — Under 65: 8 • Willing to pay a nominal fee — Yes: 80 (most noted that it depends on costs) N r,H «� t ' Z @.s AU1ZC]tTA '� Learning from Experience Feedback from other municipalities • Residents should register for program every year to ensure service is provided to qualified individuals • Participants should register for program by Dec t to allow staff time to plan routes (first year should start earlier for initial set up) • Reylstratlon after Dec 1 should not be permitted to allow for efficient service delivery • Nominal user rate should be charged to encourage legitimate use of program • Proof of age or disability should be provided to ensure legitimate program use • Contract services result in shorter wait times and can be cost effective when minimum workload Is available • Initial capital costs can be high if service is provided in house and may take several years to recover these costs • Most efficient delivery of windrow removal Is as a separate operation from road plowing and sidewalk plowing • Best way to managare program costs Is a balance of reasonable snow fall trigger and length of time to cledriveway after a snow fall. • Town should decide when windrow clearing is required • Look for opportunities to use other department resources • A number of GTA municipalities have similar programs In place AURc?[tA. y 6 - 121 - GENERAL COMMITTEE - JUNE 179 2008 JITEM # Aurora Proposed Level of Service • Service available to residents 65 and over or with physical disability. • Windrow clearing to occur when snowfall accumulation exceeds 10 cm (4 inches) per event • Clearing to occur within 24 hours after completion of road plowing • Annual Registration to be submitted by Dec I 22- tj A &V Proposed Program Costs • Assumptions: — Number of resident households participating in program: 250 to 500 — Average cost per household per snow event: $2 to $9 — Assumed 15 windrow plowing events required per season — Annual budget cost per household: $30 to $135 • Annual program operating costs — For 250 resident customer base, $7,500 to $33,750 — For 500 resident customer base: $15,000 to $67,500 • Year 1 investment required for in-house service for equipment: up to $100,000 AUctcazxA. 7 -122- GENERAL COMMITTEE - JUNE 177 2008 ITEM # Proposed Service Delivery Method • Program management overseen by Public Works Department • Program annual registration could be coordinated through seniors centre • Recommend contracted services for following reasons: — Large capital investment for equipment that Is required for short term use — In-house staff peak work load vs. average workload requires higher stand-by costs — Contracted services provide for better cost control — Contracted services provide quicker response time and more flexible rescurcing to respond to fluctuations in workload volume created by increasing program participation I " t Next Steps • Provide comments on presentation material • Council report with program considerations and recommendations • Council direction on program initiation Summer 2008 S dEWA14M AxjiZoIZA } W 8 .123- GENERAL COMMITTEE - JUNE 17, 2008 DEAR RESIDENT: APPENDIX "E" Snow Windrow Removal 2007/2008 Winter Season S✓,'rypL L. DEFINITION: Snow Windrow is that portion of snow at the end of the driveway created after the road plow has plowed the municipal road. QUALIFICATIONS:, In order to qualify for this program, you must be either 65 years of age or older or physically challenged. Applicants with any individual(s). residing in the home under the age of 65 and physically able are not eligible for this service. IMPORTANT INFORMATION: • The Town reserves the right as to when a Snow Windrow Removal activity will be performed. This information is available on the Town's 24 Hour Engineering & Public Works Information Line: (905) 771-2525. • . The above service does not include the clearing of the remainder of the snow from private approaches to residence or driveways or along sidewalks. • Due to varying storm conditions, this service takes up to 30 hours from the cessation of the storm for the Windrow to be removed. • Any obstructions at the end of the driveway must be removed. • The Town is not responsible for any damage. • Please keep your house number visible and illuminated. • Please notify the Town'if you move from the address on file through the winter season or no longer qualify for this service. • Operations Centre office hours are 8:30 a.m. to 4:30 p.m., Mon, to Fri.: (905) 884-80I3. MAIL TO: The Town of Riclunond Hill or FAX: (905) 884-0395 Operations Centre 1200 EIgin Mills Road East P.O. BOX 300 Richmond Hill, Ontario L4C 4Y5 NOTE} THIS APPLICATION IS FOR THE CURRENT YLs'AR ONLY RENEWAL FORMS FOR THE SUBSEQUENT YEAR WILL BE PROVIDED. ON AN ANNUAL BASIS. ALL SECTIONS ON THE APPLICATION FORM MUST BE COMPLETELY FILLED OUT BEFORE SUBMISSION TO THE OPERATIONS CENTRE✓WORKS DEPARTMENT. * Please keep as reference -124- GENERAL COMMITTEE - JUNE 179 2008 ITEM # TOWN Or RICHMOND HILL SNOW WINDROW REMOVAL APPLICATION 2007/2008 Winter Season I hereby request the Town of Richmond Hill, Public Works Department, to remove the snow windrow from my driveway entrance at the following address (please print): APPLICANT NAME: ADDRESS: POSTAL CODE: TELEPHONE #: I solemnly declare that (please check appropriate option): I am over 65 years of age, (please supply a copy or bring in person proof of age for validation with one of the following): a) Birth Certificate #; b) Senior Citizen Number #: c) Drivers Licence #: d) Passport M . and, that there are no person(s) under the age of 65 residing at this address physically able to perform this work or . I am under the age of 65 but physically challenged, with no person(s) under the age of 65 residing at this address physically able to perform this work (NOTE: A current medical certificate is required and must be attached to this renewal form) ...and understand that failure to comply with the conditions outlined in this program may result in termination of this service. SIGNATURE OF APPLICANP - DATE THIS INFORMATION IS COLLECTED UNDER AUTHORITY OF THE MUNIMAL ACT S.R.O. 1990 CHARMA6 S.210PAR.60-61 IN ORDER TO VALIDATE AN APPLICANTS REQUEST TO OBTAIN WINDROW SNOW REMOVAL. THE WORMATION IS COLLECTED VOLUNTARILY BY THE APPLICANT AND IS PROTECTED UNDER THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT. FOR OFFICE USE ONLY: ZONE: -125- GENERAL COMMITTEE - JUNE 179 2008 ITEM # /3- TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PWOB-024 SUBJECT: Municipal Access Agreement - Town of Aurora and Rogers Communications Inc. FROM: llmar Simanovskis, Director of Public Works DATE: June 17, 2008 RECOMMENDATIONS THAT Council authorize the Mayor and Clerk to execute the attached Municipal Access Agreement between the Town ofAurora and Rogers Communicationslnc. to permit Rogers Communications Inc. to install its equipment within Town owned rights -of -way under the terms and conditions of the Municipal Access Agreement. BACKGROUND Rogers Communications Inc. (Rogers) is regulated by the CRTC to operate within the Town of Aurora. Rogers requested execution of a Municipal Access Agreement with the Town that would permit Rogers to install its equipment within Town owned rights -of -way provided the terms and provisions of the agreement are met. COMMENTS Historically, the Town's rights -of -way has been occupied by a limited, fixed number of non - Town users for their equipment (Bell, Aurora Cable, Consumers Gas and Power Stream). Recent regulatory changes however, have opened the telecommunications field in particular to the entry of numerous additional companies that will create pressure on the available space within the Town's rights -of -way. In consideration of the above, it is prudent to establish a procedural protocol whereby users and staff understand the conditions under which the Town's rights -of -way will be used. The Municipal Access Agreement (MAA) sets out this protocol. The terms and conditions as stipulated in the MAA are generally used by York and Durham region area municipalities. The YDUCG (York, Durham Utility Coordination Group) has spent several years in preparing the MAA template including consultation with area municipalities, utility groups and legal consultants. This attached MAA has been modified to meet the Town's requirements and is for a five-year period and shall automatically renew for an additional five (5) year period upon the same terms and conditions. -126- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 9-2 June 17, 2008 - 2 - Report No. PW08-024 Rogers Communications Inc. has been the lead negotiator for the industry and it is anticipated that this agreement will be establishing the precedent for any other agreements required, for other service providers. Details of Municipal Access Agreement with Rogers The attached MAA provides Rogers with access to the Town's rights -of -way under the following general conditions: • Roger's use will not interfere with the Town's own service requirements and use of the rights -of -way based on considerations of public safety and economy and any rights or privileges previously enjoyed by others; • Rogers will not install any equipment without first obtaining the written approval of the Director of Public Works; • Prior to commencing work of any kind, Rogers shall obtain the written consent for the commencement of the work from the Director of Public Works; • All works shall be conducted and completed to the satisfaction of the Director of Public Works acting reasonably; • Rogers shall repair and restore all excavations; . • Rogers shall be responsible for all costs of excavation, installation, maintenance and removal of its equipment; • Rogers will defend, indemnify and save harmless the Town and those that work for the Town against all losses and claims; • Rogers will pay an annual administrative fee of $5,000.00 to the Town; • Rogers will pay a consent and review fee of $405 per street to the Town for each application; and • Rogers will file a Letter of Credit in the amount of $25,000.00 which the Town can draw on as necessary. FINANCIAL IMPLICATIONS There will be no expense to the Town, Rogers will pay to the Town a $5,000.00 annual fee and consent application review fees. -127- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 17, 2008 - 3 - Report No. PW08-024 OPTIONS Council may not choose to sign the subject agreement. CONCLUSIONS The Agreement ensures the Town has control over the use of its rights -of -way yet provides Rogers with the assurance that they will be able to service their customers under a standard formal agreement. It is anticipated that all companies wishing to use the Town's rights -of -way will enter into an Agreement similar to the attached Municipal Access Agreement. The Agreement is for a five-year period and shall automatically renew for an additional five (5) year period upon the same terms and conditions. LINK TO STRATEGIC PLAN Objective B1: Plan for the future to continue controlled and well -planned growth Objective D1: Continue the commitment of fiscal responsibility and accountability Objective D2: Enhance customer service ATTACHMENTS • Appendix "A" - Copy of Municipal Access Agreement between the Town of Aurora and Rogers Communications Inc. PRE -SUBMISSION REVIEW Senior Management Team Meeting - June 11, 2008 Prepared by: Patrick Ngo, Municipal Engineer- Ext. 4375 - J92�6z �"Wr_,SWanovskis Director of Public Works o n S. Rogers Chief Administrative Officer -128- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # APPENDIX "A" MUNICIPAL ACCESS AGREEMENT ACCESS TO MUNICIPAL RIGHTS -OF -WAY This Agreement made the day of BETWEEN: THE CORPORATION OF THE TOWN OF AURORA (the "Municipality") I and - ROGERS CABLE COMMUNICATIONS INC./ COMMUNICATIONS ROGERS CABLE INC. (the "Company") E0 WHEREAS the Company is a Canadian carrier as defined in section 2 of the Telecommunications Act, S.C. 1993, c. 38, as amended or is a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act, S.C. 1991, c. 11, as amended (collectively "Canadian carrier"); AND WHEREAS, in order to operate as a Canadian carrier, the Company requires consent to construct its Plant in, on, over, under, either across or along or along the Municipality's Rights -of -Way; AND WHEREAS, the Municipality has jurisdiction over its Rights -of -way and has authority to consent to the Company's use of same; AND WHEREAS, pursuant to section 43 of the Telecommunications Act, S.C. 1993, c. 38, the Company requires the Municipality's consent to construct its transmission facilities in, on, over, under, either across or along the Municipality's Rights -of -Way; AND WHEREAS the Municipality is willing to permit the non-exclusive use of its Rights -of -Way where, in its judgement, such use will not interfere with its own service requirements and the public use of the Rights -of -Way including the consideration of the functionality of the Rights -of -Way and public health and safety, and any rights or _129- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 2 of 33 Jute 2008 privileges previously conferred or hereafter conferred by the Municipality by contract or otherwise on others not parties to this Agreement to use any of the Rights -of -Way; AND WHEREAS the Municipality and the Company have agreed that it would be mutually beneficial to outline the terms and conditions pursuant to which said consent shall be obtained; NOW THEREFORE in consideration of the mutual terms, conditions and covenants herein contained, the Municipality and the Company each agree with each other as follows: DEFINITIONS 1. In this Agreement, the following words and phrases shall have the following meanings: a) "Adverse Effect" means one or more of, (a) impairment of the quality of the natural environment for any use that can be made of it, (b) injury or damage to property or to plant or animal life, (c) harm or material discomfort to any person, (d) an adverse effect on the health of any person, (o) impairment of the safety of any person, (f) rendering any property or plant or animal life unfit for human use, (g) loss of enjoyment of normal use of property, and (h) interference with the normal conduct of business. b) "Affiliate" means "affiliate as defined in the Canada Business Corporations Act; c) "Agreement" means this Municipal Access Agreement complete with the attached Schedules; d) "Director" means the Municipality's Director of Public Works, or the person designated by him or her; 130 -. GENERAL COMMITTEE - JUNE 17, Zags ITEM # Page 3 of 33 Jane 2008 - e) "Emergency" means an unforeseen situation where immediate action must be taken to preserve public health or safety, or to re-establish services where such services are determined by the Company to be essential services; f) "Hazardous Substance" means any hazardous substance and includes, but is not limited to, any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination or any of them resulting directly or indirectly from human activities that causes or may cause an Adverse Effect; and includes electromagnetic or other radiation, petroleum products or bi-products, industrial wastes, contaminants, pollutants, dangerous substances, and toxic substances, as defined in or pursuant to any law, rule, regulation, bylaw or code, whether federal, provincial or municipal; g) "Municipal Consent" means the written consent of the Director, with or without conditions, for access to the Municipality's Rights -of -Way; h) "Plant" means any wires, fibre optic cables, ducts, manholes, poles, cables, pipes, conduits, pedestals, antennas, vaults, support structures or other related facilities or structures either located in the Right -of -Way and owned by the Company, (this shall not include structures such as.towers or Walk-in Cabinets) or planned to be constructed in the Right -of -Way, as identified on a permit application submitted to the Municipality, and to be owned by the Company; f) "Right -of -Way" or "Rights -of -Way" means any highway, street, road allowance, lane, bridge or viaduct under the jurisdiction of the Municipality; j) "Road Occupancy Permit" means a permit issued by the Municipality for the purpose of authorizing the commencement and undertaking of any Work in a Right -of -Way; k) "Third Party" means any individual, corporation, partnership, association, joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof that attaches to the Company's Plant in the Right -of -Way under an agreement with the Company; and GENERAL COMMITTEE- JUNE 17, 2008 ITEM # Page 4 of 33 June 2008 1) 'Work" means, but is not limited to, any activities related to the Company's installation, removal, construction, maintenance, repair, replacement, relocation, adjustment, operation or other alteration of Plant in, on, over, along, under, above or across any Right -of -Way, including excavation, repair or restoration of the Right -of -Way. USE OF RIGHTS -OF -WAY 2. The Municipality hereby agrees to permit the Company to use any Right -of -Way for the purpose of performing its Work subject to the terms and conditions set out in this Agreement and in accordance with all federal, provincial and municipal statutes, laws and, by-laws or other rules, regulations, policies, standards and guidelines pertaining to the application and use of the Right -of -Way or the Plant. 3. The Company shall not use any Rights -of -Way in whole or •in part for any - purpose other than that permitted under this Agreement or as otherwise mutually agreed upon in writing. APPROVAL OF DIRECTOR 4. Subject to Section 8, the Company shall not enter, excavate, break up or otherwise break the surface of any Right -of -Way for the purpose of its Work without first: a) Obtaining the applicable Municipal Consent of the Director and/or Road Occupancy Permit as stipulated in Schedule 'A' of this Agreement prior to commencing any Work in, on, over, under, across or along any Right of Way; b) When required for Municipal Consent, providing detailed construction plans to the Director's satisfaction setting out the location of the Plant within the relevant Rights -of -Way; and c) Obtaining all applicable permits from any other regulatory agencies having jurisdiction, prior to commencing any work. --132 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 5 of 33 June 2008 5. The Company agrees to work with the Municipality to create an efficient manner and method of notifying the Municipality in a timely fashion of Work for which a Municipal Consent is not required. 6. The Company shall use its best efforts to place Plant in or attach it to its existing structures whenever possible. 7, The Company shall notify the owner of installed plant of any damage caused by the Company to any such plant resulting from its Work or as a result of the presence of its Plant in the Rights -of -Way. 8. In the event of an Emergency, the Company shall be permitted to carry out such remedial Work as is reasonably necessary to re-establish services where such services are determined by the Company to be essential services, prior to satisfying subsection 4(a). Within five (5) business days of completing its remedial Work to restore its essential service in response to an Emergency, the Company shall comply with the requirements of subsection 4(a). 9. The Company acknowledges and agrees that the Municipality may refuse to grant approval with regard to any proposed application for reasons of public health and safety, interference with the Municipality's infrastructure, proposed road reconstruction or the proper functioning of public services as identified by the Director, 10. Notwithstanding Section 4, the Company may carry out field testing, test pitting, routine maintenance and repair, like for like replacement (no additional Plant installed), short duration work, pulling cables through existing ducts, placing or repairing aerial or buried service wires or installing temporary service drop wire, and the removal of graffiti without obtaining Municipal Consent of the Director but with the applicable Road Occupancy Permit where pedestrian or vehicular traffic is to be disrupted, impeded or blocked. MANNER OF WORK 11. The Company agrees that its Work shall be subject to the following conditions: -133- GENERAL COMMITTEE - JUNE 175 zoos ITEM # 9- Page 6 of 33 June 2006 a. All Work shall be conducted and completed to the satisfaction of the Director, at the Director's sole discretion, and in accordance with all applicable industry standards, this Agreement and all federal, provincial and municipal statutes, laws and by-laws or other rules and regulations, policies, standards and guidelines as amended from time to time, none of which will be contrary to the terms and conditions of this Agreement unless they have been agreed to in writing in advance by both parties. b. The portions of the Plant which cross beneath streets or existing utilities' plant shall be placed In a carrier pipe or be encased in concrete or as otherwise specified by the Director. c. If the Company breaks or disturbs the surface of a Right -of -Way, it shall repair and restore the surface of the Right -of -Way to substantially the same or better condition it was in before such work was undertaken by the Company in accordance with, without limitation, the Municipality's policies and standards, as amended from time to time, and to the satisfaction of the Director: If the Company fails to repair and restore a Right -of -Way to the satisfaction of the Director within seventy-two (72) hours of being notified .in writing by the Municipality, the Municipality may affect such repairs and charge all costs related thereto to the Company in accordance with Section(s) 39 and 42 of this Agreement. Both parties, recognize that, weather permitting, final repair of the Right -of -Way would be completed as soon as practical notwithstanding the fact that in such instances where weather limitations preclude final repair within the normal period of time, the Company would complete temporary repair to the Right -of -Way with the final repair to be completed within such a time as confirmed in writing to be acceptable to the Municipality. The Company shall pay the full amount owing to the Municipality within sixty (60) days of the issuance of an invoice from the Municipality; d. Notwithstanding subsection 11(c), in the event of an Emergency, the -134- GENERAL COMMITTEE - JUNE 177 Zoos. ITEM_# Page 7 of 33 June 2008 Municipality will take appropriate measures determined necessary by the Director to re-establish a safe environment. Where any costs incurred by the Municipality in re-establishing a safe environment are attributable to the Work of the Company or as a result of the presence of the Company's Plant, these costs shall be charged back to the Company in accordance with Section(s) 39 and 42 of this Agreement. e. If the Municipality requires the Work to be stopped for any reasonable cause relating to public safety, special events, or public health identified by the Municipality, or the failure of the Company to obtain the requisite permit or as a result of any circumstances beyond the control of the Municipality as expressed by the Director, the Company shall cease all such Work forthwith upon receipt from the Municipality of verbal notice, which shall include the reason(s) for such notice to stop Work. Upon receiving such notice, the Company shall leave the site and all adjoining Right -of -Ways in a safe and clean condition. Within soventy-two (72) hours of providing such verbal notice to stop work under this subsection, the Director will provide written reasons for such notice to the Company. Once the reasons for the work stoppage have been resolved to the satisfaction of the Director, the Company, in. accordance with a written notice from the Municipality, shall be allowed to resume its Work; f. The Company shall be responsible for all Work.including but not limited to the cost of such Work, subject to the terms of this Agreement. g. If the Company fails to do any Work required pursuant to this Agreement in a timely and expeditious manner to the satisfaction of the Director, the Municipality may, at its option complete the Work and the Company shall pay to the Municipality the cost of the Municipality completing any such Work forthwith plus any directly related overhead charges as set out in the Municipality's Fees and Services By-law, as amended and in accordance with Section 39 and 42 of this Agreement. -735- .GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 8 of 33 ' June2008 h. The Company shall use its reasonable efforts to schedule Work and share Rights -of -Way and support structures with other utility, companies and the Municipality occupying and using, or intending to occupy or use, the Rights - of -Way, with the intent of minimizing the necessity for road cuts, excavation, construction and the placement of support structures in the Right -of -Way. f. All contractors working for the Company shall have on site, all applicable permits, a copy of the Municipal Consent, if applicable, and proper identification visible displaying the name of the Company they are working for and their company name. J. The Company. shall provide the Municipality with an up-to-date listing of all its authorized agents and contractors who may make applications for applicable permits on their behalf. All Municipal Consents and Road Occupancy Permits shall be issued in the name of the Company. THE COMPANY'S WARRANTIES 12, The Company represents and warrants to and covenants and agrees with the Municipality that: a) after completion of its Work, the Company shall leave the Right -of -Way in a neat, clean and safe condition and free from nuisance, all to the satisfaction of the Director; b) the Company warranties its completed restoration Work to the satisfaction of the Municipality, for a period of three (3) years from the date of completion; c) the Company shall not suffer or permit any liens to be filed or registered against any Right -of -Way or other Municipal property; and d) the Municipality may cross the Company's Plant with its own improvements or otherwise, and may allow other parties to cross the Company's Plant with their improvements or otherwise, taking reasonable precautions to protect the Plant of the Company. -136- GENERAL COMMITTEE - JUNE 17, 2008 1TEM # 9 -12 Page 9 of 33 June 2008 13. The Company shall be responsible for the payment of all taxes attributable to the Company, including any taxes attributable to the Company's use of the Rights -of - Way, and for the payment of the cost of at] services and utilities consumed with respect to Company's operations. THE MUNICIPALITY'S WARRANTY 14. The Municipality has made no representations or warranties as to the state of repair of the Rights -of -Way or the suitability of the Rights -of -Way for any business activity or purpose whatsoever and the Company hereby agrees to accept the Rights -of -Way on an "as is" basis. ACKNOWLEDGEMENT 15. The Company acknowledges that the Municipality may use the Rights-ol-Way for any municipal purpose. STREET AESTHETICS 16. The Company will make every reasonable effort to participate in joint opportunities with other utilities, developers and the Municipality for the purpose of improving street and community aesthetics. This may include installing Plant into specially designed units, pedestals or cabinets or, where applicable regulations allow, clustering units, pedestals or cabinets together to improve street and landscape aesthetios. The Company reserves the right to determine. when fair and equitable terms have been reached and technical and service requirements are satisfied. AS -CONSTRUCTED DRAWINGS 17. When required by the Municipality the Company shall provide to the satisfaction of the Director (which may include applicable certification requirements) and at its expense, "as -constructed" drawings to the Municipality within three (3) months of GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 10 of 33 June 2008 completing its Work. All "as -constructed" drawings shall be submitted in either a hard copy or a digital format, to the satisfaction of the Director. NOTIFICATION TO BOTH PARTIES 18. a) In the event of an Emergency, the parties shall, at no cost to the other party and using reasonable best efforts, provide locates of its Plant in the affected area within two (2) hours of receiving a request by the other party, its contractors or authorized agents. In all other circumstances the parties shall provide locates within a time reasonably agreed upon by the Company and the Municipality. In the event of a high priority circumstance, the parties shall provide locates of their Plant in the affected area within a mutually agreed upon time frame. b) The party requesting a locate will either have a representative on -site or provide a contact number for a representative to ensure that the locate can be completed in the affected area. If the area is clear of the Company's Plant and it is not necessary for the Company to perform locates, the Company will provide a verbal "all clear" response and within three (3) days must provide written confirmation of same to the Municipality upon request. 19. The Company and the Municipality shall provide to each other a list of twenty- four (24) hour emergency contact personnel who will respond when contacted and shall ensure that the aforementioned list is always kept up to date. 20. The Company agrees to participate in any public utility co-ordination committees involving all users of the Rights -of -Ways as may be established by the Municipality and to contribute to the cost of operation of such committees. MARK-UP RESPONSE 21. The parties agree to identify planned and existing Plant in response to a mark-up request related to maintenance or new construction projects. Such response shall be returned to the other party or its consultant no later than fifteen (15) business days after receipt of the request. . 138 -.. _.. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page I of33 June 2008 INACCURATE LOCATES 22. Where the Company's locates of its Plant are found to be incorrect, and the Company's Plant is not found in the marked location, and where the Municipality may incur any direct or indirect costs as a result of the actual location of the Company's Plant in that a conflict exists between the actual location of the Company's Plant and the proposed location for the Municipality's plant, the Municipality agrees to notify the Company of such conflict within twenty-four (24) hours. If the Company is unable to resolve the conflict within a reasonable time commensurate with the situation, the Company will compensate the Municipality for any reasonable and verifiable additional costs which the Municipality incurs resulting from any construction delay or redesign of their project as a result of the conflict in accordance with Section 39 and 42. PHYSICAL PLANT VERIFICATION 23, The Company agrees to identify the location of existing Plant to the Municipality during the design stage of a Municipal project using the following steps: a) Upon request from the Municipality, meet with the. Municipality or its representatives to discuss the project and identify any potential conflicts and work to resolve these. b) After such meeting, at the request of the Municipality tc assist in resolving any potential conflicts related to the location of existing Company Plant and the location of the Municipality's planned work, the Company shall, at its expense, complete pre -engineering locates of its Plant in the Right -of -Way in those areas of potential conflict. c) Where such pre -engineering locates cannot identify the location of the Plant or if they indicate that, by the close proximity of the Plant to the proposed location of the Municipality's plant, the potential for conflict exists in that the Company's Plant or Municipality's proposed plant may be susceptible Jo a risk of damage or the design of the project may need to be revised based on the exact location of -139- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 12of33 ✓une2008 the Company's Plant, the Company shall undertake a field investigation to verify horizontal and vertical location of its Plant in the areas of potential conflict based upon an agreed method of daylighting. The timeframe for completing the daylighting shall be agreed upon by the .Municipality and the Company. The Municipality and the Company shall share the costs equally. RELOCATION OF PLANT FOR MUNICIPAL PURPOSES 24. Upon receipt of not less than sixty (60) days written notice from the Municipality, or such additional advance notice as is reasonable having regard for the nature of the relocation required, the Company shall relocate its Plant within a Right -of - Way, or perform any other Work in connection with the Right -of -Way related to the presence of its Plant in the Right-ol-Way, as may be required by the Municipality for municipal purposes. 25. In cases of Emergency, both parties agree to work co-operatively and apply commercially reasonable best efforts to relocate Plant immediately as directed by the Director, provided that in cases of Emergency, the Municipality may take any measures deemed necessary for public health and safety with respect to the Plant that may be required in the circumstances. 26. The Municipality will make a good faith effort to provide alternative suggestions for re-routing the Plant affected by the relocation or adjustment to assist the Company in its efforts to ensure uninterrupted service to its customers. 27. The responsibility for the costs incurred in relocating the Company's Plant or performing such work referenced above will, for the purposes of this Agreement, be based upon the following: a) Relocation costs for Plant installed after the execution of this Agreement under a Municipal Consent or as pan of an approved Development Application, shall be payable by the Municipality to the Company calculated on the following sliding -140- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # scale: Page 13 of 33 June 2003 Years 1 to 4 100% Year 75% Year 6 50% Year 7 25% Year 8 and thereafter 0% b) For purposes of this section, the date to be used to calculate the amount of relocation costs payable to the Company shall be the date of the Municipal Consent. The date to be used for any Plant Installed in or attached to the Company's support structures shall be the Municipal Consent date for the installation of that support structure(s). c) For all Plant requiring relocation which has been installed prior to this Agreement, the relocation cost payable by the Municipality to the Company for relocating the Plant shall be In accordance with the provisions of the Public Services Works on Highways Act, RSO 1990. d) The Company will provide to the Municipality written estimates of the costs for each relocation in a format clearly identifying the percentages and dates being applied to each part of the Company's Plant in order to calculate the amount of the relocation costs payable by the Municipality to the Company and the Municipality will provide written acceptance of those estimates prior to any relocation Work being performed. e) Where, in response to a Municipal Consent application, the Municipality advises the Company that it cannot guarantee a final location for the proposed Plant, as such would be impacted by work identified within the Municipality's five or ten year capital works plan and the potential exists that the Company may be required to relocate its Plant as a result of the Municipal work identified in such plans within the seven years described in subsection 27 a) above, then the Company, if it decides to proceed with the Work after being made aware of the - 141 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 9.17 Page 14 of33 June 2006 potential for relocation, will be responsible for full relocation costs for its Plant if such is required at a future date as a result of such planned Municipal work; f) Subject to Sections 21 and 23, in the case where the Company's Plant is found to be in non-compliance with any aspect of the location approved in the corresponding Municipal Consent and there arises a need to relocate that portion of Plant, then the cost for relocating the non -compliant portion of the Plant will be paid for by the Company. Where records .are non-existent or Right -of -Way conditions may have changed such that the approved drawings may no longer be accurate, both parties agree to act reasonably in determining relocation compensation. The Municipality will, to the best of its ability,, avoid unnecessary relocations but reserves the right to request such relocation as required; g) In the case where the Company's Plant is found to be in non-compliance with Section 23, the cost for relocating the Plant will be paid for by the Company in accordance with Section 39 and 42. 28. . Both parties agree that special circumstances may arise with respect to specific location approvals whereby it may be appropriate for the parties to mutually agree to waive the provisions as outlined in Section 27 and to negotiate alternative arrangements. These alternative arrangements shall be agreed upon in writing. 29. In no event shall the Company charge the Municipality for costs incurred by, or charged to Third Parties to relocate.their Plant installed on or in the Company's support structures. 30. The relocation of Plant requested by parties other than the Municipality or those not required for Municipal purposes, shall be at the discretion of the Company acting reasonably and all of the costs of such relocations will be charged directly to the party requesting such relocation.. An agreement in writing by each party to - 1.42 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # s - 18 Page 15 of 33 June 2008 assume responsibility for all such relocation costs shall be required prior to commencing any of the associated relocation work. All relocations requested under this section, shall be subject to obtaining Municipal Consent and all other applicable permits. 31. The Company shall notify the Municipality when It ceases to use any installed Plant. Upon receiving such notice, the Municipality may require the Company to remove the obsolete Plant within a specified period of time. If the Company fails to remove the obsolete. Plant within the specified period of time, the Plant shall be deemed to be abandoned by the Company. INDEMNIFICATION AND LIABILITY 32. The Company shall indemnify and save harmless the Municipality, Council members, officers, employees, contractors, agents, successors, and assigns from and against all actions, causes of action., proceedings, claims and demands brought against the Municipality, and from and against all losses, costs, damages or expenses suffered or incurred by the Municipality, by reason of any damage to property, including property of the Municipality, claims for injurious affection, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Municipality, caused by, resulting from or attributable to the negligent act or omission of the Company or any of its employees, servants, agents, licensees or invitees in the performance of this Agreement and the Company shall, upon demand by the Municipality and at its own sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Municipality on any such claim, demand or cause of action, and will pay and satisfy any judgement or decree which may be rendered against the Municipality in any such suit, action or other legal proceeding, and shall reimburse the Municipality for any and all legal expenses on a substantial indemnity basis incurred in connection therewith. The Company's obligation to indemnify, defend __. - 143 - GENERAL COMMITTEE - JUNE 179 2008 ITEM # Page 18 of 33 June 2008 and save harmless the Municipality shall survive the termination of this Agreement.. 33. The Municipality shall indemnify and save harmless the Company from and against all actions, causes of action, proceedings, claims and demands brought against the Company, and from and against all losses, costs, damages or expenses suffered or incurred by the Company, by reason of any damage to property, including property of the Company, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Company, caused by, resulting from or attributable to the gross negligence or wilful misconduct of the Municipality or any of its employees, servants, agents, licensees or invitees in the performance of this Agreement. 34. The parties agree to promptly,provide each other with written notice of any such claims which may result in an indemnification obligation hereunder and, in any event, such notice shall be provided within seven (7) business days of the indemnified party becoming awareofthe claim in accordance with Section 55. The indemnified party will provide reasonable particulars, to the extent of their knowledge, of the factual basis for the claim and the amount of the claim to the indemnifying party within twenty-one (21) business days of providing written notice to the indemnifying party. 35.If the Company does not assume and continue control of the defence of any third party claim within fifteen (15) business days of the initial written notice of the claim from the Municipality, then the Municipality shall have the exclusive right to contest, settle or pay the amount claimed, and shall have the right to recover all amounts in full from the Company. 36.The indemnifying party may defend such claim with counsel of its own choosing provided that no settlement or compromise of any such claim will occur without the prior consent of the indemnifying party, which consent shall not unreasonably be withheld or delayed, provided that the indemnifying party may not agree to any settlement terms and conditions which involve the admission of liability by 144 - GENERAL COMMITTEE - JUNE 179 2008 ITEM # Page 17 of 33 June 2008 the indemnified party or the imposition of any liability on the indemnified party without the indemnified party's prior written consent. i 37.Subject to paragraphs 32 to 36 inclusive of this Agreement and the rights and obligations set forth in paragraph 21 of this Agreement, the Municipality and the Company shall not be liable to each other in any way for Indirect, special or punitive or consequential losses or damages, or damages for pure economic loss, arising directly or indirectly from this Agreement or any breach thereof or any Plant or use of any Right -of -Way even if advised of the possibility thereof. TERM 38.The initial term of this Agreement shall be five (5) years, commencing on the first day of the month following the date in which the Agreement is executed. It shall automatically renew for an additional five (5) year period upon the same terms and conditions contained herein, including payment of the annual fee, unless terminated by either party in writing at least ninety (90) days prior to the expiry of the then -current term. If the Agreement is terminated, then, subject to the Company's rights under the Telecommunications Act, all rights and privileges hereunder shall come to an end, but despite such termination, the Plant will continue to be the property of the Company and the Company shall be permitted to continue to maintain, test, repair and operate its Plant for as long as necessary in the sole opinion of the Company and provided that notwithstanding such termination both parties shall continue to be liable to each other for all payments due and obligations incurred hereunder prior to the date of such termination. This provision shall survive the termination of this Agreement. PAYMENT OF COSTS AND FEES 39.The Company covenants and agrees to pay to the Municipality fees calculated in accordance with the Municipality's schedule of fees and. charges as amended from time to time, subject to the Company's right to appeal such fees and calculated in accordance with Schedule A and Schedule B in this Agreement. GENERAL COMMITTEE - JUNE 179 Zoos ITEM # Page 18 of 33 June M08 40. Upon the annual anniversary of this Agreement and with sixty (60) days prior notice, either party may request the other party to re -negotiate the annual fee based on verifiable changes to either party's causal cost. 41.The Company acknowledges and agrees that the fees payable pursuant to this Agreement are exclusive of any fees and charges that may be payable to the Municipality with respect to any other permits or services. 42.The Municipality shall invoice the Company for all costs and fees. Accounts that have not been paid by the Company within sixty (60) days of the date of the invoice shall be charged interest at a rate prescribed in the Town's fees and Services By-law, as periodically amended, and such fees shall be due and payable forthwith. LEGISLATIVE CHANGE 43.If at any time subsequent to the entering into of this Agreement the Provincial or Federal government or a regulatory authority, acting within its jurisdiction, enacts or repeals any legislation or regulation, or orders, directs or mandates anything which pertains to the, subject matter of this Agreement then either party may notify the other of its intention to require the other party to enter into good faith negotiations to, amend this Agreement, or to enter into a new agreement reflecting such legislative or regulatory action or court or tribunal decision, as the case may be, within thirty (30) days after written notice (the "Notice") from the notifying party and any newly permitted terms and conditions, charges or fees pursuant to such now. or amended agreement will take. effect from the date upon which the Notice expires. 44. If the parties are unable to re -negotiate the terms and conditions of this Agreement then the unresolved matters may, within thirty (30) days prior written notice from the requesting party, be referred by the party to arbitration for resolution in accordance with the Ontario Arbitration Act, as amended or its successor legislation or to the CRTC. Subject to the right to request arbitration - -146- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 19 of33 June2008 or refer the matter to the CRTC, if an amendment to this Agreement or a new agreement is not reached within ninety (90) days from the date on which the Notice was received, either party may terminate this Agreement without further notice and both parties shall fulfil their respective obligations thereafter in accordance with this Agreement. For greater clarity, if, arbitration or CRTC .intervention for resolution has been invoked, neither party may terminate this Agreement until the arbitration or CRTC process has been completed. SECURITY 45.In the event that the Company fails to make payment in accordance with this Agreement, or if the Company has not had a previously satisfactory business relationship with the Municipality, at the sole discretion and request of the Director of Public Works, the Company agrees to post an irrevocable blanket letter of credit in a form satisfactory to the Municipality's Director of Finance in the minimum amount of twenty-five thousand dollars ($25,000), or other form of security acceptable to the Municipality, or at a higher value as determined by the risk and agreed upon by the Municipality and the Company, within thirty (30) days of a request from the Commissioner. Such blanket security, once posted by the Company, may be drawn on by the Municipality and the funds applied against any current, outstanding financial obligations owed by the Company to the Municipality under the terms of this Agreement. Such blanket letter of credit shall be posted for a minimum of three (3) years or until such a time that, at the sole discretion of the Commissioner, a satisfactory business relationship has again been established by the Company with the Municipality. 46.Notwithstanding the above, the Municipality reserves the right to acquire, and the Company agrees to provide, additional project specific securities for significant projects beyond the scope of the original blanket letter of credit in an amount equal to any and all restoration costs of any such projects as determined by the Commissioner. The project specific letter of credit shall be released once the GENERAL COMMITTEE - JUNE 17, 2008 ITEM # Page 20 of 33 June2008 conditions of the applicable Municipal Consent related to restoration of the Right - of -Way have been fulfilled to the satisfaction of the Director. 47.Should the Municipality require that it draw on the blanket securities, the Company shall immediately reinstate the blanket securities posted under Section 40 herein, to the value in effect at the time of drawing. TERMINATION DUE TO DEFAULT 48.(1) The Municipality and the Company mutually agree that should either party materially fall to carry out any of the terms, covenants and conditions contained herein or default in any of its obligations under the terms hereof and fail within thirty (30) days after receiving written notice from the non -defaulting party to correct any such failure, then this Agreement may, at the option of the non - defaulting party be terminated by.giving written notice to be effective upon receipt, provided that the non -defaulting party shall continue to be liable to the non defaulting party for all payments due and obligations incurred under the Agreement prior to such termination. (2) If this Agreement is terminated by the either party in accordance with the terms allowed under this Agreement, all the unfulfilled covenants, indemnities and obligations of the defaulting party herein incurred prior to the termination shall survive such termination. (3) Notwithstanding subsection 48(2), the obligations of the parties as set out in Sections 32 to 38 inclusive of this Agreement shall survive the termination of this Agreement, regardless of whether a party has materially failed to carry out any of the terms, covenants and conditions contained herein or has defaulted in any of its obligations under the terms hereof and such failure has not been corrected in accordance with section 48(1). - 148.... GENERAL COMMITTEE - JUNE 17r 2008 ITEM # 9,724 Page 21 or 33 June 2000 TERMINATION WITHOUT NOTICE 49, Despite Section 48, this Agreement may be terminated immediately and without prior notice by the Municipality in the event that: a) The Company fails to pay any amount payable pursuant to this Agreement within sixty (60) days of the date on which the payment is due; b) The Company becomes insolvent, makes an assignment for the benefit of its creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or becomes voluntarily subject as a debtor to the provisions of the Companies' Creditors Arrangement Act or the Bankruptcy and Insolvency Act, as amended from time to time, or any successor legislation; c) subject to Section 51, the Company transfers, assigns, or subiicenses any part or all of Its interest in this Agreement other than in accordance with the provisions of this Agreement, or attempts to do same; d) the Company ceases to be eligible to operate as a Canadian carrier or distribution undertaking within the meaning of the Telecommunications Act, or as regulated by the CRTC as amended from time to time, or any successor legislation; or e) The Company violates any law or by-law in connection with the use of a Right -of -Way and fails to remedy or commence to remedy the violation to the satisfaction of the Municipality, within thirty (30) days from the dale of receiving notice of the violation from the Director. f) The Company unduly interferes with the public use and enjoyment of the Rights -of -way and does not rectify the interference_ 50.a) In the event of termination, by the Municipality, the Company shall continue to be liable to the other party for all payments due and obligations incurred under the Agreement prior to such termination. -149 GENERAL COMMITTEE - JUNE 179 2005 ITEM # Page 22 of 33 June 2008 b) Notwithstanding subsection 50(a), the obligations of the parties as set out in Sections 32 to 38 inclusive of this Agreement shall survive the termination of this Agreement. ASSIGNMENT 51.This Agreement may be sublicensed, granted, transferred or assigned: a) by the Municipality or the Company in its entirety, to a single sub -licensee, grantee, transferee or assignee with the other's prior consent in writing, which consent may be not. unreasonably withheld; b) by the Company in part during the term of this.Agreement without the Municipality's prior consent in writing, if the Company: i. upon having first given notice to the Municipality of the sublicense, grant, transferor assignment; and H. provided the sub -licensee, grantee, transferee or assignee is an affiliate of the' Company within the meaning of the Canada Corporations Act as amended from time to time; and C) Despite the sublicense, grant, transfer or assignment of this Agreement or any part thereof by the Company, the Company will remain fully responsible to the Municipality for fulfillment of the obligations and liabilities of the Company described in this Agreement regardless of whether the obligations or liabilities arise out of any acts or omissions by the sublicensee, grantee, transferee or assignee until the sublicensee, grantee, transferee or assignee has entered into its own agreement with the Municipality which assumes such obligations and liabilities . d) The Company may pledge the license granted by this Agreement as security without the consent of the Municipality to any person directly or indirectly providing financing to the Company but such pledge shall not release the Company from its obligations and liabilities under this GENERAL COMMITTEE - JUNE 177 2008 ITEM # Page 23 of 33 June2008 Agreement. NO OWNERSHIP RIGHTS 52.No use of a Right -of -Way under this Agreement shall create or vest in the Company any ownership or property rights in a Right -of -Way whatsoever, and the Company shall be and remain a non-exclusive occupant of the Right -of -Way. Placement of the Plant in a Right -of -Way shall not create or vest in the Municipality any ownership or property rights to the Plant, except as provided in this Agreement. The parties agree that this Agreement creates contractual rights only between the Municipality and the Company for the use of Municipal Rights - of -Way, INSURANCE 53.The Company shall maintain insurance in sufficient amount and description as will protect the Company and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the •Company's operations in the Municipality under, this Agreement, Including without limitation, the use or maintenance of the Plant on or in the Rights -of -Way or any act or omission of the Company's agents or employees while engaged in its Work and such coverage shall include all costs, charges and expenses reasonably incurred with any injury or damage. 54.In addition to the foregoing the Company covenants and agrees as follows: a) The Company shall maintain at its expense during the term of this Agreement comprehensive general liability ,occurrence -based insurance coverage with an insurer licensed to sell insurance in Ontario covering claims and expenses for liability for personal injury, bodily injury and property damage in an amount not less than Five Million ($5,000,000.00) Dollars per occurrence and name the Municipality as an additional insured to the extent of the Company's negligence or wilful misconduct and the insurance. Such insurance may be composed in combination of -GENERAL COMMITTEE - JUNE 173 2008 ITEM # Page 24 of 33 June 2008 primary and excess (umbrella) insurance policies; b) The insurer shall have an AM Best rating of at least A-. c) All policies shall provide that they are primary insurance which will not call into contribution any other insurance available to the Municipality, and shall further provide that such insurance shall not be cancelled, lapsed or materially changed to the detriment of the Municipality, acting. reasonably, without at least thirty (30) business days notice to the Municipality by registered mail; d) The insurance coverage required under this Agreement shall not be construed to, and shall in no manner, limit or restrict the Company's liability or obligations under this Agreement; and e) Forthwithupon the execution of this Agreement, the Company shall provide the Municipality with certificates of insurance evidencing the insurance coverage required by this Agreement and thereafter provide renewals of such insurance coverage as required. Such certificates will confirm the Municipality as an Additional Insured and will evidence Cross Liability and Severability Clauses. NOTICES 55.Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Town: The Corporation of the Town of Aurora Box 1000,1 Municipal Dr, Aurora, Ontario L4G 6J1 Attention: Municipal Clerk Tel:905-727-3123 Fax.: 905-726-4732 .- -152- GENERAL COMMITTEE - JUNE 17, 2008 ITEM Page 25 of 33 June 2008 With a courtesy copy to: The Corporation of the Town of Aurora Attention: Town Solicitor Tel:905-726-4745 Fax:906-726-4730 and to the Company at the following address: Rogers Cable Communications Inc. 333 Bloor Street East, Toronto, ON M4W iG9 Attention: Vice President Regulatory Tel:416-935-4818 Fax:416-935-4655 With a courtesy copy to: Rogers Communications Inc. 333 Bloor Street East, Toronto, ON M4W iG9 Attention: Vice President and General Counsel Fax:416-935-3548 Any notice may also be given by prepaid registered mail mailed within the Province of Ontario and such notice shall be effective five (5) business days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. GENERAL 56.This Agreement is the entire agreement between the Municipality and the Company regarding the subject of this Agreement. This Agreement may only be amended or supplemented by a document executed in writing by both the Municipality and the Company. This Agreement supersedes and replaces any previous agreement between the Company and the Municipality regarding -153- GENERAL COMMITTEE - JUNE 175 2008 ITEM # 9.2 9 Page 26 of 33 June 2008 access to Municipal Rlghts-of-Way. 57.The parties agree to. confer with each other through the Public Utility Coordinating Committee (UCC) meetings on matters of mufual interest. 58.This Agreement benefits and binds the Municipality and the Company and the successors of each of them. 59. if any term of this Agreement is found to be invalid, illegal, or unenforceable by a court having the Jurisdiction to do so, that term is to be considered to have been severed from this Agreement and this Agreement remains in force unaffected by that finding or by the severance of that term. 60.The Company covenants and agrees with the Municipality that the Company shall cease and, desist from any registration of this Agreement or of any right howsoever arising, under it against the title to any property. 61.No amendments or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly provided. 62.In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 63.This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada which may be applicable to a party in the Province of Ontario. 64.Each party agrees that it shall at all times act reasonably in the performance of its obligations and the exercise of its rights under this Agreement. TIME OF ESSENCE 65.Tlme shall be of the essence in this Agreement. -154- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 9 - 30 Page 27 of 33 June 2888 TREES 66.The Company is responsible for the costs of any romedial work required to rehabilitate any trees damaged In the performance of its Work or, in the event any trees suffer irreparable damage as a result of the Work, the Company shall replace the Trees with ones of an equivalent or better quality, or shall compensate the Municipality for the value of the trees as determined by the Municipality. REMOVAL OF GRAFFITI 67.The Company shall take all reasonable measures, to the satisfaction of the Municipality, to clean, remove or conceal graffiti or other unauthorized markings In a timely manner from its Plant. In this regard, the Company will within forty- eight (48) hours notice from the Municipality remove or conceal offensive graffiti from its Plant. In the event that the Company does not remove or conceal the graffiti in accordance with the measures agreed upon arising from this section, the Municipality may take such steps as it deems reasonable and necessary to remove or conceal the said graffiti and shall. charge the cost of the removal or concealment to the Company. The Company shall pay the full costs of said removal or concealment to the Municipality within sixty (60) days of the issuance of an invoice from the Municipality. MAINTENANCE OF ABOVE GROUND CABINETS 68.The Company shall have a, maintenance program to clean, straighten, paint and repair above ground cabinets on a regular basis and shall respond within five (5) business days of being notified by a request from the Municipality to complete any of this maintenance at any location identified by the Municipality. 69.In the event that an above ground cabinet (s) is damaged and such damage could cause injury to a member of the public, the Municipality may take such action as it deems reasonable and necessary to eliminate the risk to public safety posed by the damaged above ground cabinet, and shall charge the cost of such -155- GENERAL COMMITTEE - JUNE 179 2008 Page 28 of 33 June 2008 ITEM # actions to the Company, in accordance with Section 39 and 42 of this Agreement. ENVIRONMENTAL LIABILITY 70. a) The Municipality is not responsible, either directly or indirectly, for any damage to property, including any nuisance or injury to any person, howsoever caused, including death arising from the escape, discharge, spill or release of any Hazardous Substance resulting from the Company's use of the Rights -of - Way (an "Occurrence"). The foregoing release shall not extend to any damage, . injury or death caused by the gross negligence or wilful misconduct of the Municipality, its employees, agents, or those other persons for whom the Municipality is in law responsible. b) The Company agrees to assume all environmental liabilities relating to its use of the Rights -of -Way including but not limited .to any liability for clean-up of any Hazardous Substance on or under the Rights -of -Way which result from: i) the operations of the Company in, on, under, over, above, along or across the Rights -of -Way, or ii) any Plant brought in, on, under, above, over, along, or across the Rights - of -Way by the Company, its contractors, agents or employees or by any person with the express or implied consent of the Company. c) The Municipality agrees to provide notice to the Company of any liability of which it has knowledge arising under this provision in a reasonable period of time after an Occurrence. THIRD PARTY ACKNOWLEDGEMENT 71.The Company agrees that it shall provide in its agreements with Third Parties attaching to any portion of the Plant, an acknowledgement and agreement by those Third Parties that, -156- GENERAL COMMITTEE - JUNE 17, Zoos ITEM # Page 29 of33 June 2008 - a) The Third Party shall comply, at their sole expense, with all applicable laws, statutes, by-laws, codes, rules, orders and regulations of all governmental authorities; b) The Third Party shall obtain and maintain any and all permits, licenses, official inspections or any other approvals and consents necessary or required for the placement or operation. of the Third Party's equipment. WORKERS' SAFETY AND INSURANCE BOARD COVERAGE 72. (1) The Company shall pay to the appropriate provincial Workers Safety and/or Insurance Board/Commission all assessments and levies owing to the Board/Commission by the Company, its employees and others engaged in providing services under this Agreement and any unpaid assessment or levy shall be the sole responsibility of the Company. (2) Prior to commencing the Work, the Company shall provide to the Director evidence of compliance with the requirements of the Province of Ontario with respect to Workers' Compensation Insurance. (3) The Company's workers, employees, agents, contractors and servants shall, at all times be required to comply with the rules of the Ontario Workplace Safety and Insurance Act, 1997 and Regulations, the Ontario Occupational Health and Safety Act (OHSA) and Regulations, The Canada Labour Code Part fl and Regulations as they apply to the Company, its employees and contractors or any amendments or additions thereto, and when applicable, all by-laws, regulations and rules which apply to performance or work on public highways or private property which relate to the safety of workers and the Public. (4) If the Municipality becomes involved in a charge, offence, prosecution, civil litigation or any other legal proceedings under or related to the Workplace Safety and Insurance Act, 1997, OHSA, Canada Labour Code, or any regulations under the Workplace Safety and Insurance Act, 1997, OHSA or Canada Labour Code arising out of or related to a breach of this Agreement by the Company or the -157- .GENERAL COMMITTEE - JUNE 17, 2008 ITEM # page 30 of 33 June 2008 Company's performance or lack of performance of the Agreement or the Company's violation of the Workplace Safety and Insurance Act, 1997, OHSA, Canada.Labour Code or any regulations thereunder, then the Company shall be fully liable for, indemnify and pay the Municipality's fine, penalty, judgement, debt, damages and reasonable legal fees and disbursements, limited to the extent of the Company's negligence and those over whom it is responsible in law. (5) The Company acknowledges that out -of -province contractors are not exempt from having to register and comply with the requirements of the Workers' Safety and Insurance Board of Ontario. Prior to commencing the Work, all out -of - province contractors not required to be registered in Ontario shall provide: (a) written confirmation from the Workers' Safety and Insurance Board of Ontario stating that the contractor is not required to be registered in Ontario; and (b) evidence of compliance with the requirements of the province or territory or place of business of the contractor with respect to workers' compensation insurance. (6) At any time during the term of this Agreement, when requested to do so by the Municipality, the Company shall provide evidence of compliance by itself and its subcontractors, Failure to provide satisfactory evidence in respect of workers' compensation insurance shall result in future permits being denied by the Municipality until satisfactory evidence of compliance has been received by the Director. -158- GENERAL COMMITTEE - JUNE 177 2008 ITEM # Page 31 of 33 - June 2006 IN WITNESS WHEREOF the parties hereto have executed this Agreement by their duly authorized representatives. THE CORPORATION OF THE.TOWN OF AURORA } Per: ) Mayor Phyllis M. Morris . Per: Bob Panizza, Town Clerk (I/We have authority to bind the Corporation) ROCKERS CABLE COMMUNICATIONS INC./ COMMUNICAT4110CABLE INC. ) Per: LHART LLn } Per: V P Rssrx iq Ft 6etivot l t nse I } (I/We have authority to bind the Corporation) -159- GENERAL COMMITTEE - JUNE V1 200s ITEM # Page 32 of 33 - June 2008 Municipal Access Agreement Fee Schedule "A" TYPE WORK ASSOCIATED FEE ➢ Field testing ➢ Test pitting ➢ Routine maintenance and repair ➢ like for like replacement (no additional Plant Installed) No Municipal ➢ Pulling cables through existing ducts Consent' ➢ Placing or repairing aerial or buried service Required wires or installing temporary service drop wire $0 ➢ Removal of graffiti ➢ Must obtain a Road Occupancy permit where vehicle or pedestrian traffic Is Impeded or blocked or where Works would result in a need for the Right -of —Way to be restored Municipal ➢ Extensions of existing buried mainline Plant $405 Consent ➢ installation of any length new aerial Plant per street Required D Installation of new buried mainline Plant with a 20 D Hard cable replacements metre ➢ Must Obtain a Road Occu anc Permit wraparound -160- GENERAL COMMITTEE - JUNE 77, Zoos ITEM # 9,36] Page 33 of 33 June 2008 Municipal Access Agreement Fee Schedule "B" PARTICULARS FEE PAYABLE Securities In accordance with Section 45, 46 and 47 Insurance In accordance with Section 53 and 54 Annual Fee $5,000 . Consent Fee . Schedule A Road Occupancy Permit Included Re -inspection Fee (to inspect the correction of deficiencies) ..$150 Re -submission Fee $200 In the event that an application must be resubmitted as a result of an error in a locate provided by the Municipality for services owned by the Municipality, the re -submission fee will not be payable. Pavement Degradation $24 per sq.m for 2 years or less Pavement degradation (life cycle losses) $20 per sq.m for 2 to 4 years $16 per sq.m for 4 to 7 years $10 per sq.m for 7 to 10 years' $4 per sq.m for 10 or more years Now GENERAL COMMITTEE - JUNE 17, 2008 ITEM # TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PW08-027 SUBJECT: Award of. Tender PW2008-03 _ Reconstruction of Boulding Drive and Navan Crescent FROM: llmar Simanovskis, Director of Public Works DATE: June 17, 2008 RECOMMENDATIONS THAT Tender PW2008-02 - Reconstruction of Boulding Drive and Navan Crescent be awarded to IL Duca Contracting Inc. at its tendered price of $618,105.50, excluding GST; THAT the variances in the storm sewer costs for this project of $9, 828.00 be funded from the Storm Sewer Reserve; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and IL Duca Contracting Inc. for the reconstruction of Boulding Drive and Navan Crescent. BACKGROUND The reconstruction of Boulding Drive and Navan Crescent is included in the Town's 10- Year Capital Reconstruction program for2008 reconstruction. As such, Council approved Capital Project No. 31070 as part of the 2007 Capital Budget. For 2007, the approved work included the design for the reconstruction project. COMMENTS Project Description This project involves the reconstruction of Boulding Drive and Navan Crescent (see key map as Appendix "A"), including the reconstruction/replacement of road, sidewalk and curb and gutter and new storm sewer improvements. Boulding Drive and Navan Crescent are currently constructed to an urban cross-section with a sidewalk, curb and gutter and storm sewer works. The reconstructed layout will be fundamentally the same as the existing layout, including the sidewalk, curb and pavement widths and locations. -162- GENERAL COMMITTEE - JUNE 179 2008 ITEM # 10 - 2 June 17, 2008 - 2 - Report No. PW08-027 Public Consultation A letter was circulated to all residents on Boulding Drive and Navan Crescent on May 2, 2007 (attached as Appendix "B") advising residents of the Town's intention to reconstruct their street. On November 13, 2007, an Open House was held (invitation letter attached as Appendix "C") to provide residents of Boulding Drive and Navan Crescent an opportunity to review and comment on the engineering designs for this project. The results of the Open Mouse were provided in a memo to Mayor and. Members of Council (attached as Appendix "D"). Tender Process On Thursday, June 5, 2008, the Tender Opening Committee opened 3 tenders for this project with the following prices: Company Tender Price IL Duca Contracting Inc. $618,105.50- C. Valley Paving Limited $648,683.50 Bar -Quip Construction Limited $792,780.00 " Corrected total A total of 8 companies purchased the tender documents. The tender was issued by the. Town's Financial Services Department and advertised according to the requirements of the Town's standard purchasing procedures. Verification of the tenders was undertaken by Town staff including the correction of a mathematical error as necessary. The mathematical error in the IL Duca Contracting Inc. tender involved an error in adding the individual item totals in Part D of the Form of Tender. The bidder submitted a price of $55,210.00 as the total for Part D. When the prices were checked by Town staff, the actual total for Part D was found to be $54,610.00 ($600.00 less). The tender price for the IL Duca Contracting Inc. bid, shown above, includes the mathematical correction. The math correction performed above did not affect the order of the bids. IL Duca Contracting Inc. is the low bid with and without the mathematical correction. Proiect.Costs Project costs for the reconstruction of Boulding Drive and Navan Crescent are estimated as follows, based on the IL Duca Contracting Inc. bid: -163- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 10 - 3 June 17, 2008 - 3 - Report No. PW08-027 Road Account Wafer/Sewer Account Storm Account Total Tender Price $497,220.50 $6,450.00 $59,825.00 $563,495.50* GeotechnicalInspection $7,000.00 $0.00 $0.00 $7,000.00 Engineering $10,766.00 $4,614.00 $0.0o $15,380.00 Contingency $48,607.00 $0.00 $6,003.00 $54,610.00* Total $563,693.50 $11,064.00 $66,828.00 $640,486,50 Budget Totals $647,380.00 $20,000.00 $56,000.00 $723,380'.00 Estimated Variances (Incl. Contingency) $83,786.60 $8,936.00 ($9,828.00) $82,894.50 $563,495.60 + $54,610,00 equals total amount tendered by IL Duca Contracting Inc. As can be seen in the above table the roads and water/sewer portions of the project are under budget and the storm sewer portion is over budget. During the detailed design, it was found that Boulding Drive and Navan Crescent had an insufficient number of catchbasins to adequately drain the roadway. An additional 12 catchbasins are proposed to be installed under this Contract. This work was not included in the storm sewer estimation prior to the detailed design. OPTIONS Council may adopt recommendations outlined in this report; Council may decide to defer or not reconstruct Boulding Drive and Navan Crescent. FINANCIAL IMPLICATIONS Funds have been allocated in the 2008 Capital Works Budget for this project (see Appendix "E") The roads part of the tender is $83,786.50 under budget, the watermain and sewer part is $8,936.00 under budget and the storm sewer portion is $9,828.00 over budget. Funds to accommodate the shortfall in the storm sewer portion of this project are available in the Storm Reserve account. -164- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 10 - a June 17, 2008 - 4 - Report No. PW08-027 CONCLUSIONS There has been a public information campaign associated with the reconstruction of Boulding Drive and Navan Crescent. Informational letters, a questionnaire, an open house and conversations with directly affected homeowners have, it is believed, produced a design that is both functional and responsive to the wishes of the residents. IL Duca Contracting Inc. has successfully performed extensive work similar in scope in the City of Toronto. Representatives from the City of Toronto expressed no concerns with the ability of IL Duca Contracting Inc. to perform the work described in this contract. In consideration of the above, it is suggested that the tender submitted by the IL Duca Contracting Inc. be accepted. LINK TO STRATEGIC PLAN 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 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 Appendix "A" — Key map showing streets to be reconstructed Appendix "B" — May 2, 2007 letter to residents on Boulding Drive and Navan Crescent. Appendix "C" — October 30, 2007 invitation to Open House. Appendix "D" — November 14, 2007 Memo to Mayor and Council with Open House results, Appendix "E" — Capital Sheet for Project No. 31070.. Appendix"F" — Form of Agreement, Tender PW2008-02. PRE -SUBMISSION REVIEW Management Team Meeting --June 11, 2008 Prepared by. Steve Wilson, Technical Assistant, extension 4377 llmar Sim novskis Director of Public Works o n S. Rogers Chief Administrative Officer -165- GENERAL COMMITTEE - JUNE 17, 2008 Appendix "A" TIA Q, a a � f-- o � o> .$ c J v / •L q•%e w A FalgnNt� 0 . 0 br Woym U o Q c) Dayfair Rd.. O °a _ McLeo 0 o �° o >1 — Mur oc Q ° v Gilbgnk Dr. J Kenleq a, Marks— s' bury Ct. Nor non Ave, Ct. o° WELLI N GTON a ° N C1 E H PROPOSED ROAD RECONSTRUCTION ITEM # 10 - s iber prig Hill Dr. r, a Hei hts Co land c 0 0 2 ° Devins m Kemano Rd. Sioux c Gt. rdens 0 � 4 Q L° U �� A rora 'r a Doulding d Cr. � o0 o jNgvan �r McDon old 0 Dr. James HerryQn Bell Dr. r J Egan Cr. in STREET d 3 KEY PLAN SHOWING PROPOSED BOULDING DRIVE and NAVAN CRESCENT RECONSTRUCTION PUBLIC WORKS DEPARTMENT - 166 - JUNE 2008 GENE5AdMMMITTEE - JUNE 17, 2008 AURQ(JRA _yeroYeiwgoodCoMp y, May 2, 2007 Dear Resident: APPENDIX "B" RE: Reconstruction of Boulding Drive and Navan Crescent T ErK `doprks :Dte,� 905-727-3123 ext 4371 datkins@e-aurora.oa . Town of Aurora 1 Municipal Drive, Box 1000. Aurora. ON L4G 6,11 The reconstruction of Navan Crescent and Boulding Drive are scheduled for 2008 as part of the Town of Aurora's 10-Year Capital Works Program. The Public. Works Department will shortly be engaging a consultant to design this reconstruction project. Final approval for the reconstruction project will be made by Council during its deliberations on the 2008 Capital Budget. Boulding Drive and Navan Crescent are currently constructed with an urban cross - sections (i.e. with curbs and storm sewers). Prior to proceeding with a detailed design, we request your input regarding the options of road reconstruction being considered. . Two options are being considered for the reconstruction: 1. Keep the same design (without sidewalk). 2. Install a new sidewalk on one side of the road. The actual location of the sidewalk will be determined during the design process. The Public Works Department will not recommend installation of a sidewalk unless the majority of the residents on the street will agree to it. If you have any questions and concerns regarding the proposed configuration for your street, please contact Ms. Isabelle Dufresne of the Town of Aurora Public Works Department by fax at (905) 841-7119, by email at idufresne@e-aurora.ca or by telephone at 727-3123, extension 4378, by Wednesday May 16, 2007. If warranted, Town staff will meet with interested residents on the street to discuss questions and concerns that you may have. . Yours sincerely, D. Atkins, P.Eng, Acting Director of Public Works C.C. Mayor and Members of Council John Rogers, C.A.O. q 9 v Com�>_anrty GENE5ffiqg�MMITTEE - JUNE 17, 2008 AuR,oRA yoa!r&in, yood Coonpanty APPENDIX "C" David1'TEXA'p ' u1i) W: la , Public Works 905-727-3123 ext 4371 datkins@e-aurora.ca Town of Aurora 1 Municipal Drive, Box 1000, Aurora, ON L4G 6J1 File: T05-B & IN October 30, 2007 Re: Reconstruction of Boulding Drive and Navan Crescent Dear Resident: Please be advised that the Public Works Department will be holding an "Open House/information Center" to present the engineering design for the reconstruction of Boulding Drive and Navan Crescent. The work consists primarily of roadway reconstruction including the installation of curbs and sidewalk. This reconstruction project is currently scheduled to be completed in the fall of 2008. The "Open House" will be held on Tuesday, November 13, 2007 from 5:00 p.m. until 7:30 p.m. in the Holland Room on the first floor of the Aurora Town Hall, 1 Municipal Drive. Town staff and the engineering consultant will be available for these hours. Please come and drop by to see the plans and ask any questions you may have. There are no formal presentations planned but engineering plans will be presented. We welcome this opportunity to discuss the proposed works and hear your comments, If you have any questions or cannot attend the meeting, please call Ms. Anca Mihail, Municipal Engineer, at 727-3123, Ext. 4383 to arrange another time for you to come and view the plans. Yours truly, David Atkins, P. Eng. Acting Director of Public Works cc: Mayor and Members of Council John Rogers, C.A.O. Corwelly GENEqAtMkMMITTEE AurtoRA yow� coot r�y - JUNE 17, 2008 APPENDIX "D" ITEM # MEMORANDUM Engineering Division Public Works Department Date: November 14, 2007 File: T05-B&N To: Mayor and Members of Council From: David Atkins, Acting Director of Public Works Re: Public Information Meeting on November 13, 2007 Reconstruction of Boulding Drive and Navan Crescent An "Open House/Information Center' was held on Tuesday, November 13, 2007 in the Holland Room at Aurora Town Hall to present the preliminary engineering design for the reconstruction of Boulding Drive and Navan Crescent. Fourteen residents attended the above noted public information meeting. The proposed layout of the street is fundamentally the same as the existing layout, including curb and pavement widths and locations., The residents who attended the meeting were generally pleased with the design as presented. David Atkins, Acting Director of public Works Ext. 4371 cc: John Rogers, Chief Administrative Officer &\Public Works\General Folders\T05 Capital Works -Road Design\Boulding and Navaniopen HouselCpen House Memo to Counal.doc -169- ANNIEi8"(SQMhTgT&&vWMA 'uag��$April 22, 2008 ITEM # 1®- 9 TOWN OF AURORA APPENDIX "E CAPITAL BUDGET -ANALYSIS BY PROJECT" Pa a No: 18 Project ID : 31070 Project Name: Reconstruction - Boulding.Dr. & Navan Cr. - 2008 Department: Public Works Service I Program : Roads Year of Initiation Addresses Council Direction : No Roads - To provide funding for the reconstruction of the roadway, watermaln, and sewer infrastructure. 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, On the 0 - 100 PCI (Pavement Condition Index) rating scale, a rating of less than 40 res in the street(s) in question being classified as being in the "Failed" category, The PCI of the street sections included In this project is 23, IIM a!NI�'I�I, IInlJI'I ��.� ��i5t ai 7i fl tFl 141� �I�I,I iii.I�l��l°��I��I�ii!t iij Ali 11. t, 1 'll i;il li y d I I ry I, fNil y l 1� t �U�! II Ifll ill! lil l !1 41 I .., ar�1j III 16 i 151f��il 41d41y III 'llj� I INI 1�4i II I 1 �t� � �i I' t, +I,Iti EFstlmte.d..'.E...xperidituie9 , II ulltimeaslaes ....... 380 L Contracts 0 ......15 .. 7 OS 000 ..-.. ...�_...-.. Pf _..._... ........ Total Eti1i1'�Ced Ex'`endltureis III .y2;3�o ! =y23;3$0l:3,:'r €: 1 Estlinated; Financrng. Contribution from General 647380 J_ (347,380 I .. . .... .. ... . .......... _.... ._.......... ....... ........ ._.. 1 otherFlpaMmg, 64R. 6 w6�71380 i I y 4 .... Storm Sewers 1' S6t000 56 000 Water & Sewer 20100p 20,000 q t Wigata R'+�e4,ves : r I I: .:,7„By000 .:.�G,OOp r Total,�stffnated;Finapang, 'i_ FII... 'I ,I"�233t#tl.`I .�`;723,3801 '!, ..!:'i..l � , T,otalOver{UnderjFunde'd; 1'i'li „ tl'i �� ,!� � 1 ;.. -170- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # 10 -10 APPENDIX "I"' PART 3 FORM OF AGREEMENT THE CORPORATION OF THE TOWN OF AURORA PUBLIC WORKS DEPARTMENT TENDER NO. P.W. 2008-02 THIS AGREEMENT made (in triplicate) this day of AD 2008 BETWEEN: The Corporation of the Town of Aurora hereinafter called the "OWNER" of the First Part and hereinafter called the "CONTRACTOR" of the Second Part WHEREAS the Tender of the Contractor respecting the construction work, hereinafter referred to and described, as accepted by the Owner on the day of 2008. THEREFORE 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 Contractor's own expense, all and every kind of labour, appliances, equipment, and materials for, and to undertake and.complete in strict accordance with this Tender Document dated June 5, 2008 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 $618,105.60 (Parts A to AA of the Form of Tender). 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 Tender. 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 contract price approved by the Owner's Solicitor, guaranteeing the' faithful performance of the said work, in accordance with the terms of this Agreement. - 171 - GENERAL COMMITTEE - JUNE 179 2008 ITEM # 10 - 11 Tender P.W.-2008-02 FORM OF AGREEMENT (ConVd) 5. The Owner hereby covenants and agrees that if the said work shall be duty and properly executed and materials provided as aforesaid and if the Contractor shall carry out, 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 Tender, 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 and assigns, respectively. 7. All communications in writing between the parties or between themand the Engineer shall be deemed to have been received by the addressee if delivered to the Individual or to a member of the firm 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: THE CORPORATION OF THE TOWN OF AURORA 1 Municipal Drive P.O. Box 1000 Aurora, Ontario L4G 6J1 FAX: 905-841-7119 THE CONTRACTOR: IL Duca Contracting Inc. 451AAttwell Drive, Toronto, ON M9W 5C4 FAX: 416-679-1222 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 Mayor, Phyllis M. Morris Clerk, B. Panizza, A.M.C.T. -172- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # TOWN OF AURORA AURORA GENERAL COMMITTEE REPORT No. PW08-028 SUBJECT: Replacement of Downtown Core Waste Receptacles with Two Stream Receptacles FROM: llmar Simanovskies, Director of public Works DATE: June 17, 2008 RECOMMENDATIONS THAT Council provide direction on the preferred two stream waste receptacles for the downtown core; and THAT Staff be directed to execute the procurement of the preferred receptacles in accordance with the purchasing by-law and within the current approved budget of $10, 000. BACKGROUND General Committee, at its meeting of March 18, 2008, adopted the following resolution. THAT Staff report CS08-012 be received; and THAT the Town place a notice in the Notice Board and advise all newspaper distribution box companies of the proposal to enact a by-law to regulate and permit newspaper boxes in the Town of Aurora; and THAT the Town enter into discussions with Creative Outdoor Advertising for the provision of Boulevard Waste Containers and Newspaper Distribution Boxes Corals; and THAT a further staff report be submitted to Council once all of the details with the distribution companies and Creative Outdoor Advertising have been addressed; and THAT the Director of Corporate Services research and report back on alternate styles of waste containers for the downtown core. This report has been prepared to address the request to research alternate waste container styles for the downtown core. -173- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 11 2008 - 2 - Report No. PW08-028 COMMENTS 1.0 Status of Existing Inventory of Waste Receptacles Staff completed an inventory of existing waste receptacles along the.Yonge Street Corridor to assess the distribution and space availability for each site. The following table summarizes the current inventory. Responsible Parly Units Public Works 17 VIVA 12 Private 4 Parks 3 Appendix "A" is a map identifying the location of. the various receptacles. Appendix "B" presents some sample photos of the existing Public Works receptacles. Based on this assessment, staff recommend that all 20 Parks and Public Works receptacles be removed and replaced with a total of 27'new receptacles. The additional seven units are recommended to provide better coverage for the downtown. area. 2.0 Investigation of Available Receptacles Staff investigated the market to identify suitable receptacles that would complement the character of the downtown area. The general requirements were that the receptacles be of an attractive heritage or Victorian style, preferably black in colour, and of a heavy duty construction. The unit should also be able to accommodate two stream waste collection, being garbage and recyclables. A cigarette butt receptacle was also required as part of the system. Other considerations included overall dimensions as some locations have limited available space. The requirement was for a square two stream receptacle of dimensions 30 inches or less versus ganging two receptacles together to create the two streams. From a security perspective, the units have to be lockable and have the ability to be secured to the ground to minimize vandalism. In developing these specifications and considering what was available in the market place, it was expected that a minimum of five manufacturers would be able to provide a product that met these requirements. - 174 - GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June 11. 2008 - 3 - Report No. PW08-028 3.0 Summary of Quotations A request for quotation No. PW2008-40 was issued by the Public Works Department on May 28 and closed on June 10, 2008. The request was for the supply of 15 receptacles to be delivered by July 1, 2008. A total of 5 firms requested documents and only two firms submitted quotations. The following prices exclude GST. Bidder Unit Rate No. Units Total Bid Midpoint International $1,535.00 15 $23,025.00 Waste Wise Products $660.00 15 $9,900.00 Cigarette butt receptacles were quoted as optional units as required either through this tender or as an cost per unit was $165.00 from Midpoint Internati 'Products. OPTIONS 1. As recommended in this. report. equipment and can be added to the additional item at a later date. The onal and $135.00 from Waste Wise 2. Consider alternate options including the previously presented offer by Creative Outdoor Advertising. FINANCIAL IMPLICATIONS The 2008 business plan and budget includes an. amount of $10,000 forthe procurement of replacement waste receptacles for the downtown core. Purchases can be made up to this amount and additional funding can be programmed. into future budgets to complete the replacement program. CONCLUSIONS Staff have considered several options for replacing existing waste receptacles in the downtown core. Although there are several unique heritage styles available on the market, there is limited product selection for receptacles that can accommodate two stream collection in a reduced footprint area. The existing waste receptacles have reached the end of their useful life and do not support the desired image of the downtown core. Approving the recommendations of this report will result in replacement of these receptacles with a suitable product that supports the heritage theme while providing options for increased waste diversion. -175- GENERAL COMMITTEE - JUNE 17, 2008 ITEM # June11.2008 LINK TO STRATEGIC PLAN - 4 - Report No. PW08-028 Goal D: Ensure transparent, accountable and open governance in concert with informed and involved citizens Objective A2: Support the growth of a variety of businesses to encourage a sustainable business environment Objective B2: Promote and marketthe beauty and uniqueness.ofthe historic and natural areas throughout Aurora Objective 131: Continue the commitment of fiscal responsibility and accountability ATTACHMENTS Appendix "A" — Map of Downtown Area Appendix "B" — Existing Inventory Sample PRE -SUBMISSION REVIEW Management Team Meeting -,June 11, 2008 Prepared by. Amanda Newman, WastefRecycling Assistant- Ext..3451 � aan ties ohn S. Rogers of Public Works Chief Administrative Officer -176- GENERAL COMMITTEE - JUNE 17, 2008 APPENDIX "A" and Heights Blvd. t• 'It, 0 VIVA`� P.W. 2 Slots \Smc Q W.13 t P. W.4- P �l nail 1 Smll a Parks m° S m a I St. P.W.1--"Po sible Small ew Big) O B ataor VIVA Gang GIVA 9 w U O -P.W.9 Small _ (Small) P. W.81 Small Mope St Parks catherin ITEM # *—\2 T.D. Mac' Priva ots n re St. P. W.7 WE L I N W.2 Small nal ;hurch c, St. Possib e Sr Ne (Sm II) " hur h& Mo ley - 177 P. W.6 Small N S 11. GENERAL COMMITTEE - JUNE 17, 2008 ITEM # ,YIV Kennedv Sk. W. I Kenn Private Ran om St. Cousin Dr. � VIVA GAj c Dunning Ave. Possible New (Big) / P W 4 \ `---Parks 3 Small \\ Dr. �— Y.R.T. Stop Possible New (Big) Parks 2 VIVA GANG-\ i Industrial Pa M4 South �VANDOR.F SIDEROA rJ -178-