AGENDA - Council - 20070306Council/Committee
Secretary
COUNCIL
AGENDA,
NO, 07-07
TUESDAY, MARCH 6v 2007
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
02/03/07
AURORA
TOWN OFAURORA
COUNCIL MEETING
AGENDA
NO. 07-07
Tuesday, March 6, 2007
7:00 p.m.
! DECLARATIONS OF PECUNIARY INTEREST
II APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Corporate Services Department be
approved.
Ill OPEN FORUM
IV ADOPTION OF MINUTES
Council Minutes of February 27, 2006, Meeting 07-05 pg. 1
RECOMMENDED:
THAT the Council minutes from meeting 07-05 be adopted.
V PRESENTATIONS
Corporate Sponsor Recognition Awards
VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Council Meeting No. 07-07 Page 2 of 5
Tuesday, March 6, 2007
VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Vlll NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS
IX DELEGATIONS
a) Inspector Paul Pedersen, Officer in charge of the pg. 9
Community Services Bureau for the York Region Police
Re: Item 4 - CS07-013 - Replica Guns
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
XI REGIONAL REPORT
Xll READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4895-07.0 BEING A BY-LAW to confirm pg. 137
actions by Council resulting
from meeting 07-07 on
February 27, 2007
Xlll CLOSED SESSION
None
XIV ADJOURNMENT
Council Meeting No. 07-07
Tuesday, March 6, 2007
Page 3 of 5
AGENDA ITEMS
1. Special General Committee Meeting Minutes No. 07-13
Tuesday, February 22, 2007
RECOMMENDED:
pg. 10
THAT the minutes of the General Committee meeting 07-13 be received
and the recommendations contained therein be adopted.
2. BA07-001 —Early Approval of funding for a contract pg. 18
position in IT Services to support Building
Administration CityView project
RECOMMENDED:
THAT Council approve filling a contract position in IT Services funded by
building permit fees for a period of 9 months for the purpose of enhancing
Building Administration CityView software to meet legislative reporting
requirements in the Building Code Act as described in report BA07-001.
3. BA07-002 — 313 — 321 Ridge Road = Aurora Cable Internet pg. 23a
RECOMMENDED:
THAT Report BA07-002 be received as information; and
THAT Report BA07-002 be forwarded to Industry Canada and the Ministry
of Environment as information.
4. CS07-013 — Regulate the Sale and Possession of Replica Firearms pg. 30
RECOMMENDED:
THAT staff report CS07-013 be received; and
THAT Council provide direction on the preferred option, namely:
Option #1
THAT the proposed by-law governing the sale and possession of replica
firearms be approved;
WE
Council Meeting No. 07-07
Tuesday, March 6, 2007
Page 4 of 5
Option #2
THAT the staff report regarding the sale and possession of replica
firearms be received for information and that no further action be taken at
this time.
5. CS07-014 — 2007 Corporate Insurance Renewal pg. 54
RECOMMENDED:
THAT the Town defer the Request For Proposal process for corporate
insurance for the current year; and
That the Town renew its 2007 insurance and risk management program
with Ontario Municipal Insurance Exchange (OMEX) in the amount of
$275,061 plus taxes; and
THAT staff be directed to initiate a Request For Proposal process for
corporate insurance program later in 2007 in order to obtain insurance
premium quotes for the 2008 policy year.
6. FS07-007 — Land Acquisition — Burnett Property Capital Project pg. 65
RECOMMENDED:
THAT the Land Acquisition — Burnett Property Capital Project be closed;
and
THAT the balance of $941,291 be transferred to the Sale of Land Reserve
Fund.
7. FS07-010 —Annual Debt Repayment Limits pg. 67
RECOMMENDED:
THAT report FS07-010 be received.
Council Meeting No. 07-07
Tuesday, March 6, 2007
Page 5 of 5
8. FS07-012 — Capital Fund Report to January 31, 2007 pg. 72
RECOMMENDED:
THAT the Treasurer's report FS07-012 "Capital Fund Report to January
31, 2007" be received; and
THAT Council authorize the re -allocation of capital project closing
balances as identified in Attachment #2 of this report.
9. PL07-018 — Release for Registration pg. 90
Hallgrove Estates Inc.
Part of Lot 20, Concession 3
File No. D12-00-2A
RECOMMENDED:
THAT the Mayor and Clerk be authorized to execute a Subdivision
Agreement between The Corporation of the Town of Aurora and Hallgrove
Estates Inc. in accordance with the draft approved conditions dated June
28, 2005, 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, the Mayor and Clerk be authorized to execute all documents
necessary to give effect to same.
COUNCIL - MARCH 6, 2007
AuRoxA
TOWN OFAURORA
COUNCIL MEETING MINUTES
NO. 07-05
Council Chambers
Aurora Town Hall
Tuesday, February 27, 2007
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gaertner, Granger, MacEachern, Marsh,
McRoberts and Wilson.
MEMBERS ABSENT None
OTHER ATTENDEES Chief Administrative Officer, Director of Corporate
Services/Deputy Clerk, Director of Building, Director
of Leisure Services, Director of Planning, Director of
Public Works, Director of Financial Services/
Treasurer, Town Solicitor and Council/Committee
Secretary.
Mayor Morris called the meeting to order at 7:00 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
Councillor Wilson declared an interest in item 3 pertaining to York Region
Neighbourhood Services Inc., by virtue of a personal relationship 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.
II APPROVAL OFAGENDA
Moved by Councillor Buck Seconded by Councillor Collin-Mrakas
THAT the agenda as circulated by the Corporate Services Department,
with the following additional items, be approved:
> Additional' Material To Accompany Presentation - A
Re: Ontario Heritage Trust Community Recognition Awards
> Memorandum from the Director of Leisure Services:
Supplemental Information related to Item 2(1) - LS07-004—Allocation of
Machell Park Playing Fields
> Item 4 - Memorandum from the Administrative Coordinator
Re: 2007 Budget Meeting Dates
CARRIED
111 OPEN FORUM
Mr. Miloslav Prikryl expressed concerns regarding the budget projections for
2007 in comparison to the budget in the previous year and inquired about several
points listed within the 2007 Capital Budget. Mr. Prikryl also expressed concerns
about a lack of security at night for local parks and the need for more police
patrols in Aurora. Mr. Prikryl inquired about what steps are being taken to
establish a youth centre in Aurora.
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COUNCIL - MARCH 6, 2007
Council Meeting No. 07-05 Page 2 of 7
Tuesday, February 27, 2007
IV ADOPTION OF MINUTES
Council Minutes of February 13, 2007, Meeting 07-03
Moved by Councillor Granger Seconded by Councillor Buck
THAT the Council Minutes from February 13, 2007, meeting 07-03 be
adopted.
AMENDMENT: Upon the question of the adoption of the resolution, it
was:
Moved by Councillor MacEachern Seconded by Councillor Collins Mrakas
THAT the Council Minutes of February 13, 2007 (Item 10),
Correspondence from Durham Region - request for expressions of Interest
regarding potential sites for a proposed new thermal waste treatment
facility for the regions of Durham and York, be amended to read as
follows:
THAT staff be requested to provide Council with the background
information regarding siting criteria.
CARRIED
The main motion was CARRIED AS AMENDED
V PRESENTATIONS
Presentation - A
Ontario Heritage Trust Community Recognition Awards
Ms Kiloran German of the Aurora Heritage Trust advised that the Trust has
existed for 40 years and continues to carry out their mandate to uphold the
preservation of built, natural and cultural heritage in Ontario. Ms German
commended the Town of Aurora, and particularly Mr. Michael Seaman
Community Planner for the ongoing care and attention to maintaining heritage
buildings, features and integrity as well as public awareness in Aurora. Ms
Kiloran presented the Ontario Heritage Trust Community Awards of recognition
to the following Aurora residents:
• Dr. G. Leslie Oliver- Lifetime Achievement Award
• Mr. Gordon and Mrs. Marie Barnes - Heritage Garden Conservation Award
• Mr. Ken Smith - Natural Heritage Conservation Award
• Ms Jane Staunton - Build Heritage Conservation Award
• Ms Jacqueline Stewart - Lieutenant Governor's Ontario Heritage Award for
Lifetime Achievement
Ms Kiloran advised that The Honourable James K. Bartleman, Lieutenant
Governor of Ontario, and The Honourable Lincoln M. Alexander, Chairman of the
Ontario Heritage Trust, presented the inaugural awards on February 22, 2007, at
a Queen's Park ceremony, as part of the province's Heritage Week celebrations.
Ms Kiloran extended congratulations, commendations and sincere thanks to the
award recipients for their individual work and dedication.
VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 2(1), 2(2), 2(8), 2(11) and 3 were identified for discussion.
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COUNCIL - MARCH 6, 2007
Council Meeting No. 07.05 Page 3 of 7
Tuesday, February 27, 2007
Vll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT the following recommendations respecting the matters listed as
"Items not Requiring Separate Discussion" be adopted as submitted to
Council and staff be authorized to take all necessary action required to
give effect to same:
1. Special General Committee Meeting Minutes No. 07-11 Tuesday, February
15, 2007
THAT the minutes of the General Committee Meeting 07-11 be received
and the recommendations contained therein be adopted.
CARRIED
Vill NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS
Councillor Wilson advised that the new Aurora Living Residents' Guide is now
available and he expressed his thanks to staff for preparing this Informative
resource document.
Councillor Granger advised that Community Living — Aurora Newmarket Chapter
is holding a dinner to honour the lifetime of excellence and community service of
Mr. Vic Priestly on March 21, 2007. Councillor Granger advised that those who
would like to know more can call Ms Ann Bowden at 906-898-3000.
Councillor Marsh advised that she, along with Councillors Collins-Mrakas and
McRoberts attended the "Cabin Fever Reliever" on February 25, 2007.
Councillor Marsh advised that Town of Aurora residents were treated to a new
event at Town Park featuring outdoor skating and barbeque along with the music
of The McLaughlins and Friends. Councillor Marsh advised that Special Events
Co-ordinator, Shelley Ware and staff did a fantastic job organizing this successful
first-time event.
Mayor Morris advised that the Town of Aurora will be hosting it's first "Relay for
Life" on June 9, 2007 at the Lambert Willson Park. Mayor Morris advised that
Council is pulling a team together and she encouraged residents to support this
overnight event to raise hope, awareness and funds toward the fight against
cancer.
Mayor Morris advised that she, along with many other Municipal Mayors of the
Greater Toronto Area, attended the launch of the "1 Cent Now" Campaign,
hosted at the Convention Centre in Toronto, by Mayor David Miller to promote
municipal taxes being directed into smaller communities and towns like Aurora.
Mayor Morris informed viewers that our local utility PowerStream provided an
Information update for Council recently and that a Character Community event
was also recently hosted at the Town Hall.
Mayor Morris advised that after the numerous Budget meetings the 2007 Capital
Budget has been approved and that they are continuing to work carefully and
thoroughly on the 2007 Operating Budget. Mayor Morris advised that an update
will be issued soon.
1X DELEGATIONS
None
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COUNCIL - MARCH 6, 2007
Council Meeting No. 07-05 Page 4 of 7
Tuesday, February 27, 2007 _
X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
2. General Committee Meeting Minutes No. 07.12
Tuesday, February 20, 2007
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM
THE GENERAL COMMITTEE MEETING NO 07-12 TUESDAY, FEBRUARY
20,2007
(11) CS07.010 —Proposed Amendments to the Procedural By-law
Moved by Councillor MacEachern Seconded by Councillor Gaertner
Open Meetings - Exceptions
2.8(9) All information, documentation or deliberations received, reviewed or
provided in a closed session meeting is confidential. Members of Council
shall not release, reproduce, copy or make public any information or
material considered at a closed session meeting, or discuss the content
of such a meeting with persons other than members of Council or
relevant staff members, prior to it being reported in public by Council.
AMENDMENT: Upon the question of the adoption of the resolution, it
was:
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT staff be requested to draft a clause in section 3.10 (c) Delegations,
to restrict Council to ask questions of a delegate upon completion of the
delegation and not engage in debate.
CARRIED
The main motion was CARRIED AS AMENDED
Moved by Councillor McRoberts Seconded by Councillor Collins-Mralras
Ad Hoc and Advisory Committee Membership
THAT Sections 17.3 and 26.2 of the Procedural By-law be referred back to staff
to be reworded.
CARRIED
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT the balance of item 2 (11) - CS07-010 — Proposed Amendments to
the Procedural By-law be approved as amended.
On a recorded vote the motion CARRIED AS AMENDED
YEAS:8 NAYS:1
VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Granger. MacEachern,
Marsh, McRoberts, Wilson and Mayor Morris
VOTINGNAYS: Councillor Buck
CARRIED
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COUNCIL - MARCH 6, 2007
Council Meeting No. 07-05
Tuesday, February 27, 2007
(8) PL07.017— Official Plan Amendment and Zoning By-law
Amendment Applications
York Catholic District School Board
59 Industrial Parkway North, 250, 260, 270, 280, 282,
286, 290, 294 & 298 Wellington Street East
Northeast area of Wellington Street East and
Industrial Parkway North
Files D09-05-06 and D14-14-06
Page 5 of 7
Moved by Councillor MacEachern Seconded by Councillor Gaertner
THAT Council receive as information the following overview of Official
Plan Amendment and Zoning By-law Amendment Applications, D09-05-06
and D14-14-06 scheduled for a Public Planning Meeting to be held on
March 28, 2007.
CARRIED
(1) LS07-004—Allocation of Machell Park Playing Fields
and
Memorandum from the Director of Leisure Services:
Supplemental Information related to Item 2(1) - LS07-004 - Allocation of
Machell Park Playing Fields (Added Item)
Moved by Councillor MacEachern Seconded by Councillor McRoberts
THAT the allocation of Machell Park Playing Fields be referred to staff
to clarify and report back on the requirements of the Aurora Youth Soccer
Club and to determine if the alternate location for the Agricultural Fair will
be within Aurora.
CARRIED
(2) LS07-005— Early Approval of Artificial Turf Sports Field Construction,
Reconstruction of Aurora Heights Drive from Yonge Street to
Foreht Crescent, Laurentide Avenue, and Illingworth Court., and
Reconstruction of Machell Park Parking Lot
Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas
THAT Council approve the following projects in advance of final approval
of the remainder of the 2007 Capital Budget:
1) Artificial Turf Sports Field Construction Project at Sheppard's
Bush;and
2) Reconstruction of Aurora Heights Drive from Yonge Street to
Foreht Crescent, Laurentide Avenue, and Illingworth Court; and
3) Reconstruction of Machell Park Parking Lot; and
THAT staff be directed to report to Council with the results of the tendering
processes for the projects.
CARRIED
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COUNCIL - MARCH 6, 2007
Council Meeting No. 07-05
Tuesday, February 27, 2007
Moved by Councillor Marsh
Page 6 of 7
Seconded by Councillor MacEachern
THAT the balance of the report of the General Committee Meeting 07-12
be received and the recommendations contained therein be adopted.
CARRIED
Councillor Wilson, having previously declared an Interest in item 3, did not take part in
the vote called for regarding in that regard.
3. Correspondence from the Federation of University Women
Re: York Region Neighbourhood Services Inc. - Short Term Contract
Renegotiation and Future Relocation
(Correspondence referred by Mayor Morris)
Moved by Councillor Buck . Seconded by Councillor Gaertner
THAT the correspondence from the Federation of University Women
regarding York Region Neighbourhood Services Inc. - Short Term
Contract Renegotiation and Future Relocation, be received for
information.
CARRIED
Moved by Councillor Granger Seconded by Councillor Gaertner
THAT the Correspondence from the Federation of University Women
regarding York Region Neighbourhood Services Inc. - Short Term
Contract Renegotiation and Future Relocation staff be requested to review
and bring back comments on the availability of provincial and/or federal
funding and examination of surplus facilities currently at no cost recovery.
DEFEATED
4. Memorandum from the Administrative Coordinator
Re: 2007.Budget Meeting Dates - Added item
Moved by Councillor Marsh Seconded by Councillor Collins-Mrakas
THAT the following Budget meetings be established:
• Saturday, March 10 from 9:00 am to 4:00 pm.
• Thursday, March 22, 2007 at 7:00 p.m.
• Monday, March 26, 2007 at 7:00 p.m.
CARRIED
XI REGIONAL REPORT
Mayor Morris advised that she will begin circulating Regional Council Highlights
for the information of residents. Mayor Morris reported that at the recent meeting
of Regional Council approval was given for a land acquisition to house a new
elevated water tank which will be providing water for Aurora as well as Richmond
Hill. Mayor Morris advised that she requested that the Region provide any
information regarding a new thermal incineration plant to Aurora Council for
consideration. Mayor Morris concluded by advising that updates on the current
Hydro issue will be provided soon. _
W-C
COUNCIL - MARCH 6, 2007
Council Meeting No. 07-05 Page 7 of 7
Tuesday, February 27, 2007
X11 READING OFBY-LAWS
Moved by Councillor Marsh Seconded by Councillor Buck
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4882-07.D
4893-07.0
Xll CLOSED SESSION
BEING A BY-LAW to establish
Highways on Plan 65M-3851
(Preserve)
BEING A BY-LAW to confirm
actions by Council resulting
from meeting 07-05 on
February 27, 2007
CARRIED
Property Matter
Moved by Councillor Marsh Seconded by Councillor Buck
THAT Council proceed into closed session to address a property matter.
CARRIED
XI11 ADJOURNMENT
Moved by Councillor Granger
THAT the meeting be adjourned at 9:40 p.m.
CARRIED
PHYLLIS M. MORRIS, MAYOR BOB PANlZZAI TOWN CLERK
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COUNCIL — MARCH 6, 2007
Panizza, Bob
Presentation (a)
- From:
Allen, Mary
Sent:
Tuesday, February 13, 2007 4:22 PM
To:
Panizza, Bob
Cc:
Ewart, Karen
Subject:
RE: Sponsor Recognition Awards
I'm fine with March" 6th. I send out the invitations this week,
Tks!
M-4218
-----Original Message -----
From: Panizza, Bob
Sent: Tuesday, February 13, 2007 4:16 PM
To: Allen, Mary
Subject: RE: Sponsor Recognition Awards
Hi Mary, I would suggest March 6 for the presentations. Let me know when you wish to confirm
----Original Message -----
From: Allen, Mary
Sent: Tuesday, February 13, 2007 12:38 PM
To: Panizza, Bob
Subject: Sponsor Recognition Awards
Hi Bob,
Would you let me know when we can include the 2006 Corporate Sponsor Recognition Awards at one of the
Tuesday Council Meetings i.e.: Feb 27 or March 6.
Thanks!
Mary Allen
Advertising & Sponsorship
The Town of Aurora, Administration
One Municipal Drive, 2nd Floor
Box 1000
Aurora, ON L4G 6J1
T 905.727.3123 - 4218
F 905.726.4732
Mon - Fri 8:30am-4:30pm
I LIVE WITH
OPTIMISM
I will maintain a positive attitude, look on the bright side of situations and seek opportunities in the face
of adversity.
COUNCIL - MARCH 6, 2007
Delegation (a)
From: Amato, Desiree #5060
Sent: February 27, 2007 11:21 AM
To: 'bpanizza@e-aurora.ca'
Cc: Pedersen, Paul #286; LaBarge, Armand #334
Subject: Council Meeting - March 6, 2007
Chief Armand La Barge has received your letter of February 20, 2007, requesting a member of York
Regional Police attend the March 6 Council meeting with respect to a proposed by-law which would
prohibit the sale and possession of replica guns in Aurora.
Please be advised that Inspector Paul Pedersen, Officer in Charge of our Community Services Bureau, will
attend on March 6. Inspector Pedersen can be reached at 905 830-0303, extension 7910 or by email at
286@yrp.ca
Desiree Amato
Senior Executive Administrative Assistant
to Chief Armand La Barge
York Regional Police
17250 Yonge Street
Newmarket, Ontario
L3Y 4W5
(905)830-0303, extension 7955
COUNCIL - MARCH 6, 2007
AGENDA r'EM #
AuR_oxA
TOWN OFAURORA
SPECIAL GENERAL COMMITTEE MEETING MINUTES
NO. 07-13
Holland Room
Aurora Town Hall
Thursday, February 22, 2007
ATTENDANCE
COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins-
Mrakas, Gaertner, Granger, MacEachem (until
7:50pm), Marsh, McRoberts and Wilson.
MEMBERS ABSENT None
OTHER ATTENDEES Chief Administrative Officer, Director of Financial
Services/ Treasurer, Financial/Budget Analyst and
Administrative Co-ordinator/Deputy Clerk
Fire Chief, Budget Analyst, Deputy Treasurer
(Newmarket)
Mayor Morris called the meeting to order at 7:20 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act.
Il APPROVAL OFAGENDA
General Committee recommends:
THAT the agenda as circulated by the Corporate Services Department, with
the following additional item, be approved:
D Fire Services Report 2007-03 as amended by the Joint Committee of
Council - 2007 Central York Fire Services Budget
CARRIED
-10-
COUNCIL - MARCH 6, 2007
Special General Committee Meeting No. 07-13 Page 2 of 5
Thursday, February 22, 2007
DELEGATIONS
(a) Mr. John Molyneaux, Fire Chief
Fire Services Report 2007.03 as amended by the Joint Committee of
Council
2D07 Central York Fire Services Budget
The Fire Chief provided the committee with an overview of the 2007 Capital and
Operating Budget for Central York Fire Services. The Chief advised that the ratio
of the budget was determined when the consolidation of the fire services took
place. As a result of the number of calls for both fire departments, it had been
determined that Newmarket would contribute 60% of the funding and Aurora
would contribute 40%. The Chief further advised that salary adjustments as a
result of the pending arbitration settlement were accounted for within the budget.
Councillor MacEachern left the meeting at 7:50 pm.
General Committee recommends:
THAT the delegation by the Fire Chief and report regarding development
charges and report Fire Services Report 2007-03 as amended by the Joint
Committee of Council regarding 2007 Central York Fire Services Budget
be received for information.
CARRIED
(b) Mr. John Gutteridge, Director of Financial Services/Treasurer
Mr. Gutteridge provided the committee with an overview of development charges
and report FS07-009 regarding the deferral of future development charges for the
Aurora Recreation Complex. The Director advised that the projections are for a
20 year period and the estimated build -out of the municipality is 2026.
General Committee recommends:
THAT the delegation by the Director of Financial Services/Treasurer
regarding development charges and report FS07-009 regarding the
deferral of future development charges for the Aurora Recreation Complex
be received for Information.
CARRIED
III CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Draft 2 — 2007 Capital Budget
A complete replacement package of the 2007 Capital Budget including:
• Summary of Capital Projects (2007 — 2010)
• Revised Reserve and Reserve Fund Statement (2006 — 2010)
• Revised Capital Project — Analysis by Project Sheets (all 2007
projects)
General Committee recommends:
THAT the capital projects ranked priority one be approved in principle; and
THAT the capital projects ranked priority two be considered after
consideration of the Draft 2007 Operating Budget.
CARRIED
-11-
COUNCIL - MARCH 6, 2007
Special General Committee Meeting No. 07.13 Page 3 of 5
Thursday, February 22, 2007
General Committee recommends:
THAT the following deleted capital project be re-classified as projects
deferred to another year:
9 #73004 — page 52 — Former Hydro Building Renovation
9 #73074 — page 57 — Wellington Street East Urban Design
Features/Land sca pl ng
#12006 —page 59 —Marketing Strategy Consultant
CARRIED
General Committee recommends:
THAT the Draft 2 — 2007 Capital Budget including the following material, be
received for information purposes:
• Summary of Capital Projects (2007 — 2010)
• Revised Reserve and Reserve Fund Statement (2006-2010)
• Revised Capital Project —Analysis by Project Sheets (all 2007 projects).
CARRIED
2. Memorandum from Director of Financial Services
Additional Information as Requested regarding Repaving of Town
Hall Parking Lot #73035 pg. 93 and New Vehicle Projects #71023
pg. 45 and 71024 pg. 61
General Committee recommends;
THAT the memorandum from the Director of Financial Services - Additional
Information as Requested regarding Repaving of Town Hall Parking Lot
#73035 pg. 93 and New Vehicle Projects #71023 pg. 45 and 71024 pg. 6,
be received for information purposes.
CARRIED
3. FS07-006 — Deferral of Future Development Charges for the Aurora
Recreation Complex
General Committee recommends:
THAT a new Obligatory Reserve Fund, to be known as the Indoor
Recreation Future Development Charges Reserve Fund, be established;
and
THAT Council recommend that Indoor Recreation Development Charge
Reserve Fund and the Indoor Recreation Future Development Charges
Reserve Fund be charged for all Development Charge eligible costs for
the New Recreation Complex; and
THAT the Treasurer be authorized to withdraw $304,456.00 from the
Indoor Recreation Development Charges Reserve Fund that represents
the 2006 debenture payment; and
THAT the $304,456.00 be deposited into the General Capital Reserve
Fund; and
THAT the Treasurer be authorized to expense the Indoor Recreation
Future Development Charges Reserve Fund with $320,544.00, which
represents the 2006 debenture payment; and
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COUNCIL - MARCH 6, 2007
Special General Committee Meeting No. 07-13 Page 4 of 5
Thursday, February 22, 2007
THAT the $320,456.00 be deposited into the General Capital Reserve
Fund;and
THAT the Treasurer borrow $2,000,000 by way of promissory note, to the
Reserve Funds to pay expenses for the New Recreation Complex until
payment of pledge Is received,
CARRIED
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COUNCIL - MARCH 6, 2007
Special General Committee Meeting No. 07.13 Page 5 of 5
Thursday, February 22, 2007
4. FS07-009 — 2007 Capital Budget
General Committee recommends:
THAT FS07-009 — 2007 Capital Budget be received for Information
purposes.
CARRIED
IV ADJOURNMENT
General Committee recommends.
THAT the meeting be adjourned at 9:15 p.m.
CARRIED
THE REPORT OF THE GENERAL COMMITTEE MEETING 07-13 IS SUBJECT TO
FINAL APPROVAL AT COUNCIL ON TUESDAY, MARCH 6, 2007.
PHYLLIS M. MORRIS, MAYOR K. EWART, DEPUTY CLER
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COUNCIL — MARCH 6, 2007
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COUNCIL — MARCH 6,
2007
1AGENUffE9#; ol ,
TOWN OF AURORA
AURORA COUNCIL REPORT
No. BA07-001
SUBJECT: Early Approval of funding for a contract position in IT Services to
support Building Administration CityView project
FROM: Techa van Leeuwen, Director of Building Administration
DATE: March 6, 2007
RECOMMENDATIONS
THAT Council approve filling a contract position in IT Services funded by building
permit fees for a period of 9 months for the purpose of enhancing Building
Administration CityView software to meet legislative reporting requirements in the
Building Code Act as described in report BA07-001.
BACKGROUND
Bill 124 — An act to improve public safety and to increase efficiency in Building Code
enforcement received Royal Assent on June 27, 2002. The Act primarily amended the
Building Code with a focus on three main areas; streamlining, knowledge and
accountability. The implementing regulations came into full force on January 1, 2006 and
include provisions for timeframes on which the Chief Building Official must make a decision
to issue or not issue a permit, timeframes for responding to mandatory inspections and
reporting out annually on permit fees related to service delivery.
Under the new regime building permit fees collected must not exceed the anticipated
reasonable cost to administer and enforce the Act. The cost for administration and
enforcement include the direct costs such as review of applications and inspection of
buildings and the indirect costs such as overhead and support. The regulations include an
enabling provision for a municipality to establish an obligatory reserve fund to offset yearly
workload fluctuations
Building Administration purchased a basic version of the Municipal Software, CityView, in
the late 1990's. Enhancements and customization of CityView have primarily been
accomplished in house through the collaborative efforts of IT Services Division of
Corporate Services and Building Administration staff. In its present state Cityview contains
a lot of useful information but is not being utilized to its capacity as a workload
management tool.
In the fall of 2006 Building Administration and IT Services developed a CityView project
plan with the objective of producing an accurate and reliable performance measurement
MZ
COUNCIL — MARCH 6, 2007
March 6, 2007 .2. Report No. BA07-001
software application that is able to report out on legislated departmental activities. During
the execution of the plan IT Services discovered several hundred programming errors and
data entry inconsistencies creating barriers for progress. CityView must be cleaned and
fixed prior to moving forward with enhancements.
As a result, the scope of the project has changed and adjustments were made to the
project plan (see attachment) with revised target dates for completion. Staff estimates the
project to completion will require one full time equivalent IT staff for a period of nine
months. IT Services have been very supportive with this project but are unable to commit
full time to the project given their current staff compliment and other corporate
commitments.
CityView software can be an automated solution to workload management capable of
reporting out on all departmental activities. However, without the dedication and
commitment of staff resources the project will take several years to complete. During that
time Building Administration will be unable to track, monitorand report out on departmental
activities as legislated in the Building Code Act.
OPTIONS
1. Council may deny the request for funding of a contract position.
2. An external consultant could be retained for the CityView project. Staff is not
supporting this option. IT Services has provided excellent in-house customer service
to the Building Administration Department and provides continuity and gained
knowledge of business processes.
FINANCIAL IMPLICATIONS
IT Services has researched through a placement agency the cost of hiring on contract and
estimates a nine month contract is $65,000.00. The position will be funded through
Building Permit fees for the purpose of efficient and effective administration of the Building
Code Act and its regulations. Building Administration currently has over$650,000.00 in the
obligatory reserve fund from 2006 building permit fees.
CONCLUSIONS
For reasons outlined in this report it is recommended that Council approve the funding for
an IT contract position for the Building Administration CityView project.
LINK TO STRATEGIC PLAN
Goal D: Ensure transparent, accountable and open governance in concert with informed
and involved citizens J
—19—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 3 - Report No. BA07-001
Objective D1: Continue the commitment of fiscal responsibility and accountability
ATTACHMENTS
Attachment #1 — CityView Project Plan
PRE -SUBMISSION REVIEW
Senior Management Team — February 14"', 2007
Prepared by. Techa van Leeuwen, Director- Ext. 4748
&4L11a - -
Techa van Leeuwen
Director of Building Administration-s
John S. Rogers
Chief Administrative Officer
—20—
COUNCIL — MARCH 6, 2007
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COUNCIL — MARCH 6, 2007
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COUNCIL - MARCH 6, 2007
1 AGENDA ITEM # 3
TOWN OF AURORA
AURORA COUNCIL REPORT No. BA07-002
SUBJECT: 313 - 321 Ridge Road- Aurora Cable Internet
FROM: Techa van Leeuwen, Director of Building Administration
John Adema, Chief Fire Prevention Officer, Central York Fire Services
DATE: March 6, 2007
RECOMMENDATIONS
THAT Report BA07-002 be received as information; and
THAT Report BA07-002 be forwarded to Industry Canada and the Ministry of
Environment as information.
BACKGROUND
Council, at its meeting of January 30, 2007 passed in part the following motion
regarding 313-321 Ridge Road - Aurora Cable Internet:
THAT staff contact Central York Fire Services to address concerns raised by
residents and report back in writing to Council,
THAT staff provide to the residents, in writing, the definition of storage;
THAT Building Department staff and/or designates, attend the A CI site to determine
the activities that are taking place in the shipping container, and that staff report back
to Council;
THAT staff report back on the use of the generator and whether it complies with the
Ministry of Environment regulations; and
COMMENTS
On Wednesday January 31, 2007 staff from Central York Fire Services and Building
Administration conducted ajoint inspection at the property of 313-321 Ridge Road. A
representative from Aurora Cable Internet (ACI) was present and facilitated the
inspection. Building Administration and Fire Services are providing Council with a
coordinated response to the motion passed on January 30, 2007.
-23A
COUNCIL - MARCH 6, 2007
March 6,2007 .2 - Report No. BA07-002
Fire Code Compliance
Central York Fire Services staff inspected the shipping container and the main data
centre building to determine the Ontario Fire Code compliance, and are now able to
respond to the following questions received by e-mail from concerned residents:
1. What types of batteries are used?
They are valve regulated lead -acid batteries. They are constructed with an
absorbent glass mat. There is no free -flowing electrolyte. They are constructed
with lead -calcium alloy grids, dilute sulphuric acid enclosed in a flame retardant
thermoplastic container with a safety vent and a flame arresting disk. This type
of battery is 100% recyclable.
2. Is the area properly ventilated?
These lead acid batteries incorporate an oxygen recombination cycle which
minimizes the generation of hydrogen and will emit only a very small fraction
of hydrogen as would be emitted by a vented (wet) lead acid battery - thus
gas emitted by these batteries is very small. Mechanical ventilation would not be
required.
3. Is there a containment area in case of spillage?
As was stated previously, these batteries have no free -flowing electrolyte and as
such do no require any sort of spill containment.
4. Are there any fire prevention/fighting systems in place?
The main data centre has a fire suppression system. The shipping containerwill
also have a system installed in the near future.
5. What kind are they? Do they pose any potential risks?
The system that has been installed is a sapphire complete flood fire suppression
system and has been tested and listed by Underwriters' Laboratories of Canada.
We do not foresee any potential risk with this system as this is the newest on the
market replacing halon and providing quality, safety, and environmental sustainability.
-24-
COUNCIL — MARCH 6, 2007
March 6, 2007 - 3 - Report No. BA07-002
6. Does the owner have an Emergency Plan?
The new suppression system comes with emergency procedures that are currently in
place and posted in the existing data centre building; i.e. — horn warnings and
evacuation instructions.
Shipping Container Activities
Building Administration staff inspected the interior of the shipping container to determine
the activities that are taking place within the container. The shipping container houses a
number of sealed stationary lead -acid batteries and an Uninterrupted Power Supply (UPS)
system that provide backup power supply to ACI's data centre contained in the existing
building adjacent to the shipping container. The batteries are for power storage only and
are currently recharged by the hydro grid .Also contained in the shipping container is a
device to covert single phase hydro to 3-phase hydro.
Use of Generator
During the inspection of January 31, 2007 Building Administration staff did observe a diesel
generator located in a room in the existing building. The generator provides backup power
to the UPS system in the event of a power outage.
Building Administration staff did inquire if ACI had obtained a Certificate of Approval from
the Ministry of Environment for the generator. ACI's representative advised they had not
obtained the Certificate of Approval as they are federally regulated and not subject to
provincial legislation.
Definition of Storaqe
Attached is a copy of the correspondence sent to the residents on February 28, 2007
providing the definition of storage.
OPTIONS
NIL
FINANCIAL IMPLICATIONS
NIL
CONCLUSIONS
—25—
COUNCIL — MARCH 6, 2007
March 6,2007 - 4 - Report No. BA07-002 '_ \
Staff has previously indicated this facility is federally regulated and not subject to provincial
legislation. However, in accordance with Council's resolution the Chief Fire Prevention
Officer has determined the owners have exceeded the requirements for fire and life safety
as set out in the Ontario Fire Code.
LINK TO STRATEGIC PLAN
Goal D: Ensure transparent, accountable and open governance in concert with informed
and involved citizens
Objective D3: Be accountable and transparent to residents by ensuring open and
accessible information flow and accessible decision -making
ATTACHMENTS
Attachment #1 — Correspondence to residents re: definition of storage
PRE -SUBMISSION REVIEW
van Leeuwen, Director- Ext. 4748
Techa van Leeuwen
Director of Building Administration
Q,Ia2l-
JoVAdema
Chief Fire Prevention Officer
John S. Rogers
Chief Administrative Officer
—26—
COYMARCH
AU�OxA
,yow/re in, good compawy
February 28, 2007
Mr. Jim Beesley
Ridge Road
Aurora, ON
Dear Mr. Beesley:
6, 2007
Building Department
Techa van Leeuwen, Director
Tel: 905-726-4748
Fax:905-726-4731
tva n leeuwe n @e-au ro ra.ca
Town of Aurora
1 Municipal Drive,
Box 1000, Aurora, ON L4G 6J1
Council, at its meeting of Tuesday, January 30, 2007, in considering Report PL07-002 —
313 — 321 Ridge Road — Aurora Cable Internet Property Bylaw Compliance, through
resolution directed staff to provide to the residents, in writing, the definition of storage.
The Town of Aurora Zoning Bylaw #2213-78, as amended, contains terms and
definitions which have specific meanings to be applied throughout the bylaw. Although
the word storage is referenced in some sections of the bylaw it is not a defined term in
the bylaw. Therefore the determination of the definition of the word storage would be
derived from the normal and ordinary use of the word as defined in a dictionary.
Merriam-Webster's on line dictionary defines storage as: space or a place for storing
and storing has a corresponding meaning of: to place or leave in a location for
preservation or later use or disposal.
Oxford Dictionary defines storage as: space available for storing and storing has a
corresponding meaning of: keep for future use.
I trust the information contained within satisfies your inquiry and Council's direction to
staff regarding the definition of the word storage.
Yours
Techa van Leeuwen
Director, Building Department
cc: John Rogers, CAO
Shelley Phojola, Town Solicitor
Sue Seibert, Director, Planning Department
Mayor and Members of Council
a liar r . Attachment #1—Correspondence to residents
Conyyninty re: definition of storage
CO44
MARCH
AURORA
,jyowr& is gooaG Corup". V
February 28, 2007
Ms Kelly Breedon
I Ridge Rd
Aurora, ON
Dear Ms. Breedon:
6, 2007
Building Department
Techa van Leeuwen, Director
Tel: 905-726-4748
Fax: 905-726-4731
tva n l e e uwe n@ e-a u ro ra. ca
Town of Aui
1 Municipal Driivu,
Box 1000, Aurora, ON L4G 6J1
Council, at its meeting of Tuesday, January 30, 2007, in considering Report PL07-002 —
313 — 321 Ridge Road — Aurora Cable Internet Property Bylaw Compliance, through
resolution directed staff to provide to the residents, in writing, the definition of storage.
The Town of Aurora Zoning Bylaw #2213-78, as amended, contains terms and
definitions which have specific meanings to be applied throughout the bylaw. Although
the word storage is referenced in some sections of the bylaw it is not a defined term in
the bylaw. Therefore the determination of the definition of the word storage would be
derived from the normal and ordinary use of the word as defined in a dictionary.
Merriam-Webster's on line dictionary defines storage as: space or a place for storing
and storing has a corresponding meaning of: to place or leave in a location for
preservation or later use or disposal.
Oxford Dictionary defines storage as: space available for storing and storing has a
corresponding meaning of: keep for future use.
I trust the information contained within satisfies your inquiry and Council's direction to
staff regarding the definition of the word storage,
Techa van Leeuwen
Director, Building Department
cc: John Rogers, CAO
Shelley Phojola, Town Solicitor
Sue Seibert, Director, Planning Department
Mayor and Members of Council
♦ i l
- ar ct r.
Comyurnty
CO,MARCH 6,
AURORA.
Yow'rc1s goodCoropaKy
February 28, 2007
Mr. Walter Mestrinaro
Springmaple Chase
Aurora, ON
Dear Mr. Mestrinaro:
2007
Building Department
Tacna van Leeuwen, Director
Tel: 905-726-4748
Fax:905-726-4731
tvan I eeuwen@ e-aurora. ca
Town of Aurora
1 Municipal Drive,
Box 1000, Aurora, ON L4G 6J1
Council, at its meeting of Tuesday, January 30, 2007, in considering Report PL07-002 —
313 — 321 Ridge Road — Aurora Cable Internet Property Bylaw Compliance, through
resolution directed staff to provide to the residents, in writing, the definition of storage.
The Town of Aurora Zoning Bylaw #2213-78, as amended, contains terms and
definitions which have specific meanings to be applied throughout the bylaw. Although
the word storage is referenced in some sections of the bylaw it is not a defined term in
the bylaw. Therefore the determination of the definition of the word storage would be
derived from the normal and ordinary use of the word as defined in a dictionary.
Merriam-Webster's on line dictionary defines storage as: space or a place for storing
and storing has a corresponding meaning of: to place or leave in a location for
preservation or later use or disposal.
Oxford Dictionary defines storage as: space available for storing and storing has a
corresponding meaning of: keep for future use.
I trust the information contained within satisfies your inquiry and Council's direction to
staff regarding the definition of the word storage.
Yours sincerel ,
��4" !Gto_
Techa van Leeuwen
Director, Building Department
cc: John Rogers, CAO
Shelley Phojola, Town Solicitor
Sue Seibert, Director, Planning Department
Mayor and Members of Council
a 'arars
Coinygunity
COUNCIL — MARCH 6, 2007
,AGENDA rrEM #
/ TOWN OF AURORA
AURORA COUNCIL REPORT No. CS07-013
SUBJECT: Regulate the Sale and Possession of Replica Firearms
FROM: Bob Panizza, Director of Corporate Services
DATE: March 6, 2007
RECOMMENDATIONS
THAT staff report CS07-013 be received, and
That Council provide direction on the preferred option namely. -
Option #1
That the proposed by-law governing the sale and possession of replica firearms be
approved;
OR
Option #2
That the staff report regarding the sale and possession of replica firearms be
received for information and that no further action be taken at this time.
BACKGROUND
At the July 10, 2006 Council meeting staff presented report CS06-022, attached as
Appendix #1, regarding a proposed by-law to regulate the sale and possession of replica
firearms. The draft by-law is attached as Appendix #2. The report was a follow up from a
Council initiative related to a resolution from the Greater Toronto Area and Hamilton
Mayors and Chairs Group, Appendix #3.
Council subsequently received the report and referred it back to staff with a request to
circulate the report and draft by-law to other municipalities in the Region of York and the
York Regional Police Dept. for their support, Appendix #4.
COMMENTS
As directed by Council a copy of the report and draft by-law was circulated to all the
municipalities in York Region as well as the Police Department. To date only four
municipalities acknowledged the receipt of the correspondence with only the Town of
Georgina endorsing the proposal, Appendix #5.
—30—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 2 - Report No. CS07-013
Staff are now resubmitting this report for follow up direction, and as requested by Council
in a previous resolution, a representative from the York Regional Police Department has
been requested to attend and provide their input on the proposed legislation.
OPTIONS
Council has basically two options to consider with respect to the proposed by-law namely:
That the proposed by-law governing the sale and possession of replica firearms be
approved;
OR
That the staff report regarding the sale and possession of replica firearms be received for
information and no further action be taken at this time.
FINANCIAL IMPLICATIONS
Costs associated with staff resources in the event this regulation is introduced would be
nominal. Inspections of businesses involved with the sale of this product could be handled
by existing by-law enforcement staff in conjunction with any assistance the York Regional
Police may provide as part of their routine patrols. Staff have conducted a review of all
local toy and variety stores and only 5 stores in Aurora sell replica firearms.
LINK TO STRATEGIC PLAN
Goal C2 — Enhance and promote public safety
ATTACHMENTS
Appendix #1 — Report CS06-22
Appendix #2 — Draft By-law
Appendix #3 — Council extract March 28, 2006
Appendix #4 — Council extract July 10, 2006
Appendix #5 — Copies of correspondence received from other municipalities
PRE -SUBMISSION REVIEW
Management Team — February 28, 2007
Prepared by. Bob Panizza ext. 4221
Bob Panizza John S. Rogers
Director of Co orate Services C. A. O.
—31—
COUNCIL — MARCH 6, 2007
APPENDIX #1
TOWN OF AURORA
GENERAL COMMITTEE RE�ORT No. CS06-022
SUBJECT: Regulate the sale and possession of replica firearms
FROM: Bob Panizza, Director of Corporate Services
DATE: June 20, 2006
RECOMMENDATIONS
THAT staff report CS06-022 be received; and
THAT the report and draft by-law be circulated to the other municipalities within
York Region and the York Regional Police Dept requesting their support for this
initiative.
BACKGROUND
At the Council meeting of March 28th, Council directed that the resolution from the Greater
Toronto Area and Hamilton Mayors and Regional Chairs Group regarding a by-law to
regulate the sale of replica guns be referred to staff for a report using the Township of
Scugog by-law as a model. A copy of this resolution is attached as Appendix #1.
COMMENTS
In January 2006 the Township of Scugog enacted a by-law to regulate the sale and
possession of replica and imitation firearms in the Township. This regulation was
implemented as a result of a request earlier in the year from the Durham Regional Police
Dept. which made a presentation to the Township Council requesting their support for
such an initiative. Details of their initiative are enclosed as Appendix #2.
In reviewing the Municipal Act 2001,it appears that there is no authority to totally prohibit
the sale of imitation firearms however, according to Section 130 of the Act, municipalities
may pass by-laws related to the health, safety, and well being of the inhabitants of the
municipality. Utilizing this provision in the legislation, the Town of Aurora may similarly
enact a by-iaw to that of the Township of Scugog which would allow the regulation of the
sale of such firearms within the Town.
The proposal to enact a by-law to regulate businesses through the sale and display of
merchandise is not unique in the Town of Aurora as demonstrated in By-law3496-93 which
- was enacted in November 1993 and subsequently updated by By-law 4258-04.P.
—32—
COUNCIL — MARCH 6, 2007
June 20, 2006 .2. Report No, CS06-022
This by-law licenses and regulates the display and sale of adult video and adult magazines
within the Town. In order to determine the level of sales of replica firearms in the Town,
staff conducted a survey of local businesses. Although the Town does not have any large
toy outlet stores that are normally found in shopping malls or big box plazas, who may
normally stock this product, it appears that there are 6 stores in Town that presently sell
replica firearms.
To assist in Council's deliberations on this matter, staff have prepared a draft by-law
similar to that of the Township of Scugog and included it with this report as Appendix #3. It
should be noted howeverthat before the by-law can be enacted, advance notice should be
provided to the public inviting public input. In addition to this, Council should be aware that
the effectiveness of the by-law may be diminished unless all of the other municipalities in
York Region support this form of regulation within their own municipality. Therefore, prior
to enacting a by-law in Aurora, it is recommended that the draft report and accompanying
draft by-law be circulated to the other municipalities and the York Regional Police Dept, for
their support.
OPTIONS
The determination whetherto proceed with the enactment of a by-law to regulate the sale
of replica firearms is totally at the discretion of Council. Should Council wish to proceed
with the proposed by-law, then it is advisable to provide for a public notice and
accompanying meeting. Alternatively Council may decide to not pursue the initiative at
this time.
FINANCIAL IMPLICATIONS
Costs associated with staff resources in the event this regulation is introduced would be
nominal. Inspections of businesses involved with the sale of this product could be handled
by existing by-law enforcement staff in conjunction with any assistance the York Regional
Police may provide as part of their routine patrols.
LINK TO STRATEGIC PLAN
Goal E of the Strategic Plan speaks to promoting open, accountable, transparent and
accessible municipal government.
—33—
COUNCIL — MARCH 6, 2007
June 20, 2006 - 3 - Report No. CS06-022
ATTACHMENTS
Appendix #1 — Resolution March 28, 2006
Appendix #2 — Background material
Appendix #3 — Draft By-law
PRE -SUBMISSION REVIEW
Management Team —June 14, 2006
Prepared by, Bob Panizza ext. 4221
BO PAN ZZA
Director of Corporate Services
JOHN S. ROGERS
C.A.O.
—34—
COUNCIL - MARCH 6, 2007
council Meeting
Octaber 24, 2aos -�
Constable Todd Petzold (High School Liaison Officer)and Sergeant
Paul wassill (Nuclear Security Division) brought to Council's
attention, a couple of incidents Involving the use of toy/replica guns
by local youth - one incident has resulted in charges being laid while
the second incident remains under Investigation. They bath
expressed grave concern that these'look alike" weapons are
available locally and that the use of these toys puts both the user and
the Police at substantial risk with the potential for devastating results.
A question and answer period followed the presentation. Council
Members were encouraged to view the sample weapons.
The Mayor advised that the local Canadian Tire Store has pulled
these type of toys from their shelves and she commended them for
doing so.
RESOLUTION NO: OS 60
Moved by: Councillor Drew
Seconded 6y: Councillor Hodgson
THAT this Council direct Staff to liaise with the
Solicitor and representatives from Durham Regional
Police Services with a view of determining a
solution to ban the sales of toy/replica weapons in
the Township of Scugog;
AND THAT a letter of appreciation be forwarded to
the Port Perry Canadian Tire Store for removing
these weapons from their shelves and call upon
them to request that their national counterparts de
the same;
AND THAT other Corporate Citizens in the
Township of Scugog be requested to remove these
weapons from their shelves for the safety of Scugog
residents.
Carried
On behalf of Council and the residents of Scugog, the Mayor thanked
Constable Petzold and Sergeant Paul Wassill for bringing this matter
to Council's attention.
-35-
COUNCIL - MARCH 6, 2007
Coundl Meevng #1
January 9, 2006
Proposed Replica/Imitation Firearms By -Law
Present:
Durham Reoional Police Services
Inspector Mike Ennis
Sgt. Paul Wassili
Constable Todd Petzold
Township of Scupoc
Ms. Samatha 5arasin, Municipal Law Enforcement Officer
The Mayor outlined the following points for the benefit of those
in attendance,
The Mayor advised that this portion of the meeting is a PubUa
Information Meeting with respect to Council's Intention to pass a By -
Law to regulate the use, sale and purchase of replica and imitation
firearms in the Township of Scutog.
The Mayor introduced Inspector Mike Ennis, indicating that his
comments would be most welcome, but first, turned a portion of this
meeting over to Councillor Hodgson who, together with the Clerk, the
Municipal Law Enforcement Officers and Constable Petzold have
spent a great deal of effort in bringing this critical issue to the
forefront `
Councillor Hodgson provided a brief outline of the steps taken to date
by the Project Team and advised that he is pleased to bring forward
the proposed by-law. He advised that the Municipal Act will not allow
the Municipality to ban the sale of replica guns, however, it does
provide an opportunity to restrict the sale and use of same. Councillor
Hodgson indicated that a Notice of Motion (to be dealt with later in the
meeting) will ask the Province to reintroduce Bill 167.
-36-
COUNCIL - MARCH 6, 2007
council Meeting #1
January 9, 2006
The Mayor called upon Inspector Ennis for his comments relating to
what Scugog can do to protect our Police Force and our Public.
Inspector Ennis introduced Sgt. Paul Wassill and PC Todd Petzold
who had with them a display of authentic and replica guns. He
referred to PC Petzold to act as the spokesperson.
PC Petzold described a couple of recent incidents involving local
youth and replica guns — incidents that could have had grave
consequences - it is such incidents that have prompted the proposed
By -Law.
The discussion that followed included the following points brought
forward by the Township's By -Law Officer and Police
Representatives:
• replica firearms can only be purchased by a person 18 years of
age or older (proof of age required)
• replica firearms can be used on private property (adult
supervision required for minors), however, shall not be used on
public -property
• the proposed By -Law can be enforced by either Township Staff
or the Police
• if the Police intervene in an offence relating to a minor, they will
deal with both child and parent/guardian —the Police will look to
the By -Law first and then rely on standard Police procedure
• the Police indicate that this is a well written By-law and a good
platform for the Department to use
a suggestion was made that Section 9.1 be amended to include
duly constituted sporting events as a venue where
uselpossessions could occur
-37-
COUNCIL — MARCH 6, 2007
Counan Meeting #t
January 9, 2006
• there will be an overlap with the Safe Schools Aot, however, the
By -Law reinforces the fundamentals and is consistent with the
Act —there is no conflict with any other pieces of legislation
• the Police act as agents for both the Region of Durham and the
Township of Scugog and are able to enforce this By -Law and
the Criminal Code on any land within the Township — If there is
an incident on Lalcs Scugog or on 'the Causeway°, they will be
Involved
• an education program has already begun — local schools are
aware that this is in process and should the By -Law pass, it will
be put forth to the schools on a regular basis by the Police
Liaison
• it was suggested that the By -Law andlor window stickers be
made available for posting at local businesses — it is anticipated
that the business owners would appreciate the effort
The Mayor then opened the meeting to the public to receive
input concerning the proposed By -Law.
Upon enquiring, the Mayor determined there was no one present from
the public who wished to speak to this matter.
On behalf of Durham Regional Police Services, Inspector Ennis
expressed sincere appreciation to the Township for undertaking this
Initiative.
BY-LAW NUMBER 02-06
Moved by: Councillor Hodgson
Seconded by: Councillor Drew
THAT By -Law Number 02-06, being a By -Law to
regulate the sale and possession of replica firearms
and imitation firearms, be read a First, Second and
Third time and finally passed as amended this gu'
day of January, 2006 and the Mayor and Clerk are
hereby directed to sign same and affix the
Corporate Seal thereto,
Carried
I"
COUNCIL — MARCH 6, 2007
i�
Council Meeting #1
January 9, 2006
10. NOTICES OF MOTION
1 Replica and Imitation Rrearms in the Townshio of Scucoa
RESOLUTION NO: 06-026
Moved by: Councillor Hodgson
Seconded by: Councillor Drew
WHEREAS the sale of replica and imitation firearms
Is at present uncontrolled; and
WHEREAS the possession of replica and imitation
firearms is at present uncontrolled; and
WHEREAS the sale of replica and imitation firearms
is not restricted to any age; and
WHEREAS the possession of replica and imitation
firearms is not restricted to any age; and
WHEREAS replica and imitation firearms so closely
resemble real firearms that they can easily be
confused, even upon close inspection; and
WHEREAS Police Officers are trained to make split
second decisions in response to any occurrence
involving a firearm, with the consideration of the
application of deadly force; and
WHEREAS replica and imitation firearms have been
used on the streets of the Township of Scugog In
the commission of criminal offences; and .
WHEREAS some of the persons involved in the
criminal activity are children as defined as the Youth
Criminal JusBce Act, and
WHEREAS the Township of Scugog recognizes its
responsibility in protecting the safety of Its citizens
and children;
NOW THEREFORE BE IT RESOLVED THAT the
Corporation of the Township of Scugog shall enact
a By -Law to protect the public by regulating the sale
and possession of replicas and/or imitations of
firearms; and ,
FURTHER THAT the Township of Scugog put
forward the message through its web site and
bulletin board; and
—39—
COUNCIL — MARCH 6, 2007
Council Meeting #7
January 9, 2006
FURTHER THAT the Township of Scugog
respectfully requests that all Municipalities within
the Region of Durham endorse this notice of motion
and adopt the same By -Law; and
FURTHER THAT the Township of Sougog
encourages the Attorney General, Mr. Michael
Bryant to bring forward at the Legislature of Ontario,
a revised Bill 67, an Act to Protect the Public by
Regulating the Sale and Possession of Replicas
and/or Imitations of Firearms.
Carried
On behalf of Council, the Mayor thanked the Police Representatives,
Councillor Hodgson and Township Staff for taking on this project and
bringing it to a successful conclusion.
l
COUNCIL — MARCH 6, 2007
Lim ne adu>rhai raglon corm
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Citizens' Eve Home: 10 Questions... with Todd Petzold
10 Questions... with Todd Petzold
Durham Regional Police Constable Todd Petzold is one of the people spearheading a
campaign to have imitation firearms banned.
The reasons behind a toy gun ban
Durham Regional Police Constable Todd Petzold is the
high school liaison officer in North Durham and has
been trying to convince people about the dangers
associated with imitation firearms.
Several Durham municipalities have banned the sale of
replica guns to minors in what appears to be a safety
measure. Why would keeping imitation guns off the
street make the jab of police officers easier?
Citizens have called In reporting incidents that are'gun
calls'. As police respond, they will treat the gun in
question as real until proven otherwise. On Friday, Jan.
13, in Seminole County Florida, a 15-year-old arrived at
a high school with a replica. When all was said and
done, he was shot by police who believed the gun to be
real. On Wednesday, Jan.25 in Sowmanville, a similar
incident occurred where a 17-year-old fired shots in
Bowmanville High School, with an Imitation firearm.
Police respond as if there is an active school shooter,
and will treat the weapon as real until proven otherwise.
The Intent of the bylaw is to prevent a situation here as
occurred in Florida. This bylaw requires that any youth
(under 18) found In possession of an imitation firearm,
is required to surrender It to police, We don't want to
see them in public where someone may get hurt.
What is your ultimate goal when it comes to imitation handguns?
To have them off the streets, and out of public view, Keep them out of schools where they are used to
intimidate people. Play with them at home where nobody can see them.
How will Durham Regional Police officers help local municipalities combat the problem of imitation
—41—
COUNCIL - MARCH 6, 2007
firearms In public view?
When called to respond to such a call, the bylaw permits police to take the gun into their possession.
There is facility to charge, however that is the afficer's discretion and education will be foremost In our
dealing with it. Depending an the specific circumstances, police may caution the individual, or charges
could be laid.
Can we expect officers to charge a 10-year-old for playing cops and robbers with a toy pistol?
If he is sighted on the street by concerned citizens and they call in, we will be responding as though it
were a real gun, until we can prove otherwise. If the gun looks real, and the child points It at police, there
Is the concern that the police officer will respond as trained, with deadly force. I wonder why a 10- year -
old needs to be playing caps and robbers out in public in the first place. If parents support that type of
violent play, just keep the Idds at home in the backyard, and not out in public.
Some are calling these bylaws overkill. How do frontline officers perceive these changes?
There is no legislation to prevent the possession of these guns by young people. The kids think Its coal
to shoat at people and watch them jump. If police see that, should we just chuckle and walk away?
Vialent play of this nature de -sensitizes our children toward the dangers of real guns. They don't grasp
the potential consequences. I don't want to be put into a position that I need to make a life or death
decision, only to find it was a child with a toy gun. I have enough to worry about in dealing with the real
thing, I don't want the potential confusion with imitations. My colleagues feel the same, some more
adamantly then others.
While new rules about imitation firearms are designed to and confusion on everybody's part, is the
media's concern about handguns in general an overreaction?
No, If anything, the media needs to shout louder. The members of our communities don't fully grasp the
seriousness of this. Once I speak an the issue, the questions are answered, and those that were In
opposition, join the fight. Handguns have one purpose on the street; they are an easily concealed
instrument of death. Gang members carry them for protection and enforcement. They are becoming
more commonplace on the street. The police are aware of the potential threat they pose and will treat
any firearm as real, no matter who wields it. i3y removing imitations from the hands of youth, it is easier
for the police to distinguish between the good guys and the bad guys. Only the bad guys will have guns
and we can deal with them. Why do good guys want to look and act like bad, guys anyway?
In the last year we have seen a concentrated effort to get rid of handguns. Would a full-fledged ban of all
handguns be the next logical step?
I think It would be and 1 believe most would support it. Handguns are not for hunting. They are enjoyed
by many in shooting competitions, which is fine. Let's get them secured somewhere where they cannot
be stolen and all Is good. There is absolutely no reason any citizen needs to have or carry a handgun in
public, Is there?
Is there any real reason for a Durham resident to have a firearm?
There are valid reasons for firearms. Some farmers need them to control rodents or predators after their
livestock. Others just enjoy hunting. These activities require long guns, not handguns. No problem there
with most people. I don't think, however, that there is any reason whatsoever tar any citizen anywhere to
possess a handgun.
Should we have more regulations for the storage and handling of firearms? What would be a goad start?
I think the issue is not gun control, it's crime control. Instead of making the gun the issue, make the
criminal the issue, which is what the bylaw is doing. I am not proposing gun control, but child control, in
the bylaw. In terms of real guns, If a criminal knew ahead that there would be a substantial mandatory
penalty for using a firearm, he may think twice about carrying or using one (real or Imitation), and we
wouldn't need to worry about him an the streets anymore.
XJUK mca<
-42-
COUNCIL - MARCH 6, 2007
Have you ever found yourself in a situation on the job involving an imitation firearm? How did you
resolve the situation?
Personally, I have investigated three incidents involving imitation firearms. In one case, three individuals,
all over 17-years-aid, were charged criminally with weapons offences, including assault with a weapon.
In another case, the individuals, all under 12 years of age, were cautioned with no charges. They and
their parents were educated on the danger. In the last case, two youths were placed on a Youth Criminal
Justice Act diversicn program and no charges were laid. The intent is not to have another way to charge
people. The Intent is to provide police with a tool to get the imitations off the street, so we can recognize
a threat easier and deal with it to protect the public we serve. We don't need the added difficulty of
confusion with these imitations.
— Complied by Bruce Froude
CM
Customer Service I Privacy Pali I News Syndication I Link to Us
ETROLAND torstardigILal
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-43-
COUNCIL — MARCH 6, 2007
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—44—
COUNCIL — MARCH 6, 2007
APPENDIX #2
THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER
BEING A BY-LAW TO REGULATE THE SALE AND
POSSESSION OF REPLICA FIREARMS AND IMITATION
FIREARMS IN THE TOWN OF AURORA.
WHEREAS Section 130 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, permits municipalities to pass by-laws related to the health, safety and
well-being of the inhabitants of the municipality;
AND WHEREAS The Corporation of the Town of Aurora has determined that the
purchase, sale, possession and use of Replicas of Firearms are activities having
the potential to negatively affect the health safety and well-being of the
inhabitants of the Town;
AND WHEREAS The Corporation of the Town of Aurora has determined that the
purchase, sale, possession and use of replica firearms can significantly and
detrimentally impact the health, safety and well-being of the inhabitants of the
Town of Aurora;
AND WHEREAS the Council of the Corporation of the Town of Aurora wishes to
protect the health, safety and well being of its inhabitants wherever it has the
power and authority to do so;
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts
as follows:
SECTION ONE - DEFINITIONS
1.1 In this by-law:
(a) "Criminal Record" means any conviction under the Criminal Code and
includes any amendments thereto;
(b) "Firearm" means any barrelled weapon from which a shot, bullet or
other projectile can be discharged by means of rimfire or centrefire
ammunition.
(c) "Identification" means a valid and current driver's license issued by the
Province of Ontario or any other valid and current Ontario Government
issued photo identification.
(d) "Imitation Firearm" means any device that Is designed or intended to
resemble a Firearm or Replica Firearm or may be reasonably mistaken
by a person as a Firearm or Replica Firearm and shall include a device
that with limited modification may be reasonably mistaken as a Firearm
or Replica Firearm.
(a) Municipal Law Enforcement Officer" means a Municipal Law
Enforcement Officer appointed to enforce the By-laws of the Town of
Aurora.
(f) "Officer" means a Police Officer and/or a Municipal Law Enforcement
Officer.
(g) "Person" includes a Person as defined in accordance with the
Interpretation Act, R.S.O. 1990, c. I.11. as amended.
— 4 5 — Page 1 of 3
COUNCIL - MARCH 6, 2007
(h) "Police Officer' means a Police Constable sworn in and for the
Province of Ontario and shall include a Constable of the Royal
Canadian Mounted Police.
(1) 'Police Report" means a Criminal Information Request received from
the York Regional Police Service, Ontario Provincial Police Service
and Royal Canadian Mounted Police Service and such Police Report
shall be current to within six (6) months.
0) 'Purchaser' means a person who has purchased a Replica Firearm or
Imitation Firearm.
(k) 'Replica Firearm" means any barrelled weapon from which a shot,
bullet or other projectile can be discharged by means other than rimfire
or centrefire ammunition.
(1) 'Town" means The Corporation of the Town of Aurora.
(m)"Vendor" means a person who is the seller of a Replica Firearm or
Imitation Firearm.
SECTION TWO — GENERAL REGULATION
2.1 No Person shall purchase, sell, possess or use a Replica Firearm or
Imitation Firearm in the Town except in accordance with this By-law.
SECTION THREE — REGULATION OF SALE
3.1 No Vendor shall sell a Replica Firearm or Imitation Firearm to any Person
who is less than 18 years old and confirms, by means of valid and current
identification, that the Purchaser is not less than 18 years old.
SECTION FOUR —REGULATION OF PURCHASE
4.1 No Person shall purchase a Replica Firearm or Imitation Firearm unless
that person confirms, by way of valid and current identification, to the
Vendor, to the satisfaction of the Vendor, that the Purchaser is not less
than 18 years old.
SECTION FIVE — REGULATION OF POSSESSION AND USE
5.1 No Person who is less than 18 years old shall possess a Replica Firearm or
Imitation Firearm while on public property or on private property to which the
public has general access.
5.2 No Person shall use a Replica Firearm or Imitation Firearm in a manner
that is reasonably likely to cause harm or damage to another person or
property.
5.3 No Person shall use a Replica Firearm or Imitation Firearm in a manner that
is reasonably likely to instil fear in or intimidate any other person.
5.4 Any person who is found in contravention of Section 5 shall forthwith
surrender such Replica Firearm or Imitation Firearm to an Officer.
-46- Page 2 of3
COUNCIL - MARCH 6, 2007
SECTION SIX —ADMINISTRATION AND ENFORCEMENT
6.1 The Municipal Law Enforcement Officer shall be responsible for the
administration and enforcement of this By-law.
SECTION SEVEN — OFFENCE
7.1 Every Person who contravenes any provision, section or paragraph of this
By-law is guilty of an offence and upon conviction is liable to a fine or
penalty for each offence, exclusive of costs, as prescribed by the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
SECTION EIGHT —SEVERABILITY
8.1 If a court of competent jurisdiction should declare any section of this By-law,
or part thereof, to be invalid, such section or part of a section shall not be
constructed as having persuaded or influenced Council to pass the
remainder of this By-law as having being invalid and is hereby declared that
the remainder of the By-law shall be valid and shall remain in force.
SECTION NINE — NON -APPLICATION
9.1 This By-law shall not apply to the possession or use of a Replica Firearm
or Imitation Firearm for, or in connection with, the lawful use thereof in
motion pictures, television and stage productions, the historical displays or
educational programs of a public museum or duly constituted sporting
events.
SECTION TEN — SHORT TITLE
10.1 The short title of this By-law shall be the "Replica Firearm By-law"
SECTION ELEVEN — DATE EFFECTIVE
11.1 This By-law shall come into effect on the day of its passing.
Read a First, Second and Third time and finally passed this day of, 2007
MAYOR
TOWN CLERK
-47- Page 3 Of
COUNCIL — MARCH 6, 2007
APPENDIX #3
AUR,okA
EXTRACT FROM COUNCIL MEETING NO. 06-09
HELD ON TUESDAY, MARCH 28, 2006
2. General Committee Meeting Report No. 06-06
Tuesday, March 21, 2006
(2) Correspondence from the Greater Toronto Area and Hamilton Mayors and
Regional Chairs Group
Re: Replica and Imitation Fire Anus
Moved by Councillor West
Seconded by Councillor Morris
THAT the resolution from the Greater Toronto Area and Hamilton Mayors and
Regional Chairs Group regarding a bylaw to regulate Replica and Imitation Fire
Arms, be referred to staff to bring back a report, using the Town of Scugog By-
law as a model; and
THAT when this matter is brought back for consideration, a representative from
the York Regional Police Department be asked to attend to provide some
background on this issue,
CARRIED
IBM
AIL — MARCH 6, 2007
APPENDIX #4
AuwoRA
EXTRACT FROM SPECIAL COUNCIL MEETING NO. 06-21
HELD ON MONDAY, JULY 109 2006
6. CS06-022— Regulate the Sale and Possession of Replica Firearms
(deferred from June 20, 2006 General Committee)
(deferred from June 27, 2006 Council)
Moved by Councillor Morris Seconded by Councillor Wallace
THAT staff report CS06-022 be received; and
THAT the report and draft by-law be circulated to the other municipalities within
York Region and the York Regional Police Department requesting their support
for this initiative.
—49—
COUNCIL — MARCH 6, 2007
APPENDIX #5
26557 Civic Centre Rd., R.R. #2, Keswick, Ontario L4P 3G1
August 29, 2006
Town of Aurora,
1 Municipal Drive,
Box 1000,
AURORA, Ontario
L4G 6J1
Attn: Bob Panizza, Director of Corporate Services
Dear Mr. Panizza:
Town Council at a meeting held on July 31, 2006, considered your correspondence and
endorsed Aurora's position in supporting the regulation of the sale and possession of replica
firearms.
Sincerely,
FOR THE TO OF GEORGINA,
04(110
Carolyn Lance
Administrative Assistant to the Town Clerk
(905) 476-4301
(905) 722-6596 (705) 437-2210
—y)5 0 —
Y]Q RECYCLED PAPER
Fax: (905) 476-8100
N%\1&*an
T rw CibyAAhoveToronto
Our File No: CV75-06
July 28, 21306
Mr. Bob Panizza
Director of Corporate Services/Town Clerk
Town of Aurora
1 Municipal Drive, Box 1000
Aurora, ON
L4G 6,11
The City of Vaughan
2141 Major Mackenzie Drive
Vaughan, Ontario
Canada LBA 1T1
Tel (905) 832-2281
AUG - 2006
Corporate Services Dept.
Dear Mr. PanIZZa:
RE: REGULATION OF THE SALE AND POSSESSION OF REPLICA FIREARMS
Thank you for your correspondence dated July 14, 2006 regarding the above noted matter.
A copy of your correspondence will be forwarded to all Members of Council. In accordance with
the City of Vaughan's policy, Members of Council may request that the item be placed on the
Council or Committee of the Whole agenda for discussion and consideration. Should this matter
be placed on the Council or Committee of the Whole agenda, we will advise you further.
Resolutions that are dealt with by Council are circulated to the Association of Municipalities of
Ontario or the Federation of Canadian Municipalities advising of Council's position, unless
Council directs otherwise.
Thank you for contacting the City of Vaughan regarding this matter.
—51—
COUNCIL — MARCH 6, 2007
Town of
East i
September 12, 2006
Town of Aurora
1 Municipal Dr., Box 1000
Aurora, Ontario
L4G 6J1
SEP 15 20% Town
Services
Attention: B. Panizza, Director of Corporate Services/Municipal Clerk
Dear Mr. Panizza:
Re: Your Council Resolution C2006-307DLS —
Regulation of the Sale and Possession of Replica Firearms
Services Department
Gwillimbury
Street
-io LOG IVO
! x 240
Thank you for your correspondence dated July 14, 2006, requesting Town of East Gwillimbury
Council support for the above -noted matter.
For your information and records, at its regular meeting of Council on September 5, 2006, the
Municipal Council of the Town of East Gwillimbury enacted as follows:
"BE IT RESOLVED THAT the correspondence received from B. Panizza, Director of
Corporate Services/Town Clerk, Town of Aurora, dated July 14, 2006, requesting support for
their Report CS06-022 with regard to Regulation of the Sale and Possession of Replica Firearms,
be received; and
THAT the correspondence be forwarded to the Development and Legal Services — By-
laws for their review and consideration."
If you have any further questions with regard to the above, please do not hesitate to contact the
Town of East Gwillimbury Accessibility Advisory Committee.
Yours truly,
Anna M. Knowles
Deputy Clerk
"Our town, Our future "
19000 Leslie Street, Sharon, Ontario LOGS20-Tel: 905-478-4282 Fax: 905478-2808
www. eastgwillimbury.ca
COUNCIL — MARCH 6, 2007
SEP - 5 2006
TOWN OF NEWMARKET
Anita Moore, AMCT
Town Clerk
905-953-5300, ext. 2202
amoore@newmarkef.ca
August 29, 2006
Mr. Bob Panizza
Director of Corporate Services
Town of Aurora
P.v^. Box 1000
1 Municipal Drive
Aurora, ON L4G 6J1
Corporate Services
Dear Mr. Panizza:
RE: Town of Aurora Resolution
Regulation of the Sale and Possession of Replica Firearms
I am writing to advise that Council considered the above referenced matter at the regular
meeting held on Monday, August 28, 2006.
The following recommendation was adopted:
THAT the letter from Mr. B. Panizza, Director of Corporate Services/Clerk, Town of Aurora
dated July 14, 2006 regarding a resolution with respect to Regulation of the Sale and
Possession of Replica Firearms be received.
Yours sincerely,
C�fi2�
Anita Moore
Town Clerk
AM:Im
Newmarket's vision: A community well beyond the ordinary
395 Mulock Drive, P.O. Box 328, STN MAIN NEWMARKET, ON L3Y 4X7
Direct Dial: 905-953-5300 General Information: 905-895-5193 Fax: 905-953-5100
VISIT OUR WEBSITE 9T www.newmarket.ca
COUNCIL — MARCH 6, 2007
AGENDA i'EM # 5 a
TOWN OF AURORA
AURORA COUNCIL REPORT No, GS07-014
SUBJECT: 2007 Corporate Insurance Renewal
FROM: Bob Panizza, Director of Corporate Services
DATE: March 6, 2007
RECOMMENDATIONS
THAT the Town defer the Request For Proposal process for corporate insurance for
the current year; and
That the Town renew its 2007 insurance and risk management program with
Ontario Municipal Insurance Exchange (OMEY) in the amount of $275,061 plus taxes;
and
THAT staff be directed to initiate' a Request For Proposal process for corporate
insurance program laterin 2007 in order to obtain insurance premium quotes for the
2008 policy year.
BACKGROUND
On February 6, a staff report was presented to Council recommending that the Town
renew its corporate insurance program with the current provider namely the Ontario
Municipal Insurance Exchange (OMEX). Council received the report and recommended
that staff proceed with the issuance of a Request For Proposal in orderto obtain insurance
premium quotes from other companies in the market.
COMMENTS
While preparing with the RFP, it was brought to staff's attention that a Termination of
Subscription clause exists in the Subscribers Agreement between the Town and OMEX
that requires a six month notice before termination of the agreement, as shown in
Appendix #1 attached to this report. The impact of this clause would mean that at
minimum the Town would be required to remain with OMEX for a period of 6 months or
until September 2007 if notice is given in March for the termination of the insurance
policies.
The Termination clause of the agreement also stipulates that there would not be any pro
rata return of the premium. In the event the Town renews it policy for the year and then
decides to change its corporate insurance prior to year end, the Town would not receive a
refund for the unused balance.
—54—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 2 - Report No. CS07-014
In addition, it could also be perceived that there would be an unfair competitive
disadvantage to OMEX as other RFP proponents would already have knowledge of the
premiums that were submitted by OMEX for the 2007 insurance year.
Accordingly staff recommends that the Town proceed with the 2007 insurance renewal
program with OMEX, and trhat appropriate notice be given to OMEX that the Town intends
to proceed with an RFP later in 2007 and that the Town may be terminating its policies at
year end, subject to the results of the RFPJ
OPTIONS
Given the limitations imposed by the Subscribers Agreement, the Town is limited with
alternative options at this time, however after proper notice is provided the Town will be in
a position to proceed with an RFP later in the year for insurance coverage in 2008.
FINANCIAL IMPLICATIONS
The financial implication are detailed in the original report that was submitted on
February 6, 2007 and accompanying this report as Appendix #2.
LINK TO STRATEGIC PLAN
Goal D1 - Continue the commitment of fiscal responsibility and accountability.
ATTACHMENTS
Appendix #1 — Subscribers Agreement, Termination Clause
Appendix #2 — Report CS07-009
PRE -SUBMISSION REVIEW
Prepared by. Bob Panizza ext. 4221
a4L
Bob Paniz a
Director of Corporate Services
ohn S. Rogers
C. A. O.
—55—
r
COUNCIL — MARCH 6, 2007
-21-
f,.
APPENDIX #1
participation in the Reciprocal, such distribution to be based on the Subscriber's total premiums paid during the
Termination Period as a percentage of all not otherwise terminated Subscriber's premiums paid during the
Termination Period.
(e) Subjectto any conditions imposed by any government or governments[ authority under applicable
legislation, the Board of Directors shall be empowered to continue in operation for the limited purpose of
winding -up the affairs of the Reciprocal and, for such purpose, this Agreement shall remain in full force and
effect until all obligations of the Reciprocal have been fulfilled as determined by the Board of Directors.
Notwithstanding the foregoing, once termination has occurred, the Reciprocal shall notexchange orcause to be
exchanged any further contracts of indemnity or inter -insurance.
(f) Following termination, upon the Closure Date of the last Underwriting Period, if any Surplus has not
been distributed in accordance with sub -section 8.01(d), it shall be distributed to those Subscribers who were
Subscribers as of the date of termination, in accordance with the formula set out under sub -section 8.01(d).
(g) Upon and at any time after termination of the Reciprocal, no assets shall be distributed if funds on
hand are not sufficient to pay claims and expenses, but rather an Assessment shall be made pursuant to sub-
sections 7.05(a) to (d) and section 8.04 of this Agreement, the Assessment to be determined on the basis of the
formula in sub -section 8.01(d) applied to the amounts to be assessed instead of to a Surplus.
8.02 Termination of Subscription
(a) A Subscriber may cease to be a Subscriber by written notice of intention to terminate its
subscription on the following terms:
(1) written notice must be received by the
Ir7
(ii) adequate security has been provided, satisfactory to the Board of Directors, with respect to
any continuing liability pursuant to section 8.04; and
(iii) the terminating Subscriber shall not receive any pro -rats return of premium.
(b) The Board of Directors may, on 30 days written notice to the Subscriber, terminate its subscription
for material breach of this Agreement.
A
8.03 Termination by Special Underwriting Group
Subject to the provisions of section 3.25, all Subscribers in any Special Underwriting Group can
terminate their participation in the Reciprocal by a decision of the applicable Special Underwriting Group
Committee, if properly made in accordance with the procedures applicable to such Special Underwriting Group.
8.04 Continuing Liability
In the event that the exchange of reciprocal contracts of insurance is terminated, or a Subscriber
ceases to be a Subscriber or remains a Subscriber through merger or otherwise in accordance with section
6.04, such Subscriber or successor Subscriber through merger or otherwise shall continue to be responsiblefor
any Assessrpents or liabilities arising after it ceases to be a Subscriber or after such merger or other change in
respect of claims and expenses during the period of time it was a Subscriber prior to the effective date of
termination of its participation as a Subscriber, or pu rsuant to any reciprocal contract of indemnity to which it is a
party or pursuant to any indemnity provided in this Agreement, unless satisfactory arrangements are made with
the Board of Directors to buy out such continuing liability.
ARTICLE 9.00 - GENERAL PROVISIONS
—56—
COUNCIL - MARCH 6, 2007
APPENDIX #2
�T TOWN OF AURORA
AURORA GENERAL COMMITTEE REPORT No. CS07-009
SUBJECT: Corporate Insurance Renewal
FROM: Bob Panizza, Director of Corporate Services
DATE: February 6, 2007
RECOMMENDATIONS
THAT the insurance and risk management proposal submitted by the Ontario
Municipal Insurance Exchange (OME)g in the amount of $275,061 plus taxes be
approved; and
THAT the Town of Aurora's corporate insurance policy be renewed for a one year
period.
BACKGROUND
In 2003 the Town received notification from its former insurance carrier that the insurance
premium for its policies would increase significantly, most notably the property and liability
policies. This was attributed to the volatile reinsurance market conditions. Consequently
staff obtained new insurance quotations from four insurance firms and OMEX (Ontario
Municipal Insurance Exchange), the Town's current insurance carrier, was selected as the
Town's insurance provider.
COMMENTS
Municipal insurance is a highly specialized field where few insurance companies provide
this level of coverage. The Town's Corporate Insurance consists of 8 policies namely:
General Liability, Errors & Omissions, Environmental Impairment, Automobile, Property,
Boiler & Machinery, Crime, and Councillors Accident. The majority of these policies provide
up to $50 million of coverage except for property and automobile where replacement
coverage is included. A summary of the coverage including the limit and deductible for
each policy is shown in Appendix #1 to this report.
Unlike conventional insurance companies, OMEX is a municipal insurance reciprocal
which was created in 1986 by a group of municipalities. The principle of an insurance
reciprocal is the sharing and spread of the insurance risk directly among the members of
the exchange.
ram,
-57-
COUNCIL — MARCH 6, 2007
February 6, 2007 - 2 - Report No. CS07-009
Extraordinary losses are shared through "retro assessments", which are additional
payments that may be required to be made by members in a pre -agreed formula based
on the municipality's initial proportion share of the larger pool. The retro-assessments are
paid when the claims are settled by the parties in the plan at the time the claim was
generated, sometimes several years after the incident. Notwithstanding this however, the
Town has been advised by OMEX that it has obtained sufficient re -insurance to minimize
the impact of any future reassessments.
There are also several distinct advantages in being a member of the OMEX reciprocal
group which in turn assists in maintaining competitive pricing namely:
a) it is a non profit organization and therefore does not pay dividends,
b) it is exempt from corporate income tax obligations,
c) it does not pay commissions to local agents.
Currently OMEX is providing insurance coverage to 30 Ontario municipalities including:
the Region of York, and the Towns of Newmarket, Georgina, East Gwillimbury, Richmond
Hill, Whitchurch-Stouffville within the Region of York. A complete list of these
municipalities is included in Appendix #2 to this report.
As a hedge to the escalating premium increases that have occurred in the past, the Town
in 2003 increased its deductibles from $5,000 to $10,000. This modification coupled with
the change of insurance companies has assisted the Town in maintaining reasonable
insurance premium renewal costs during the recent insurance market turbulence. These
deductibles predominantly affect the liability, property and automobile policies.
To cover any unforeseen spikes in the claims management, the Town has also established
an insurance reserve that currently has a balance of $315,385. In addition, to counteract
the exposure to risk and reduce claims, the Town initiated a number of claims avoidance
measures over the past few years. For example regular/monitored sanding and salting
procedures during winter maintenance was implemented; the introduction of a Risk
Management Administrative Procedure that establishes guidelines and training measures
for staff to minimize risk was introduced in 2001; and the increased maintenance program
for sidewalk repairs to identify and repair faulty sidewalks has been in effect for the past
three years. It is intended that these and other evolving proactive measures by the Town
will assist in mitigating claims against the Town thereby controlling overall costs.
According to the Town's Procurement By-law and Policy, quotations are required for any
goods or services in excess of $50,000. However the by-law also provides that certain
services such as insurance premiums may be exempt. Staff is satisfied that the current
proposal submitted by OMEX is a reasonable premium quotation given the limited
insurance market available to municipalities. Consequently, after reviewing the proposal
submitted, staff recommends that the Town renews its corporate insurance policy with
OMEX Insurance in the amount of $275,061. plus taxes.
Mfsc
COUNCIL — MARCH 6, 2007
February 6, 2007 - 3 - Report No. CS07-009
OPTIONS
In lieu of adopting the proposed recommendation as presented, Council may consider
requesting quotes from other insurance providers capable of providing the necessary
amount of coverage for the Town.
FINANCIAL IMPLICATIONS
The 2007 insurance premium of $275,061 is an increase of $47,960 over the premium
of 2006 which was $227,111. This represents an increase of 28%. This premium
increase is predominantly driven by two factors namely: Property Insurance coverage
for the additional buildings the Town has opened in the last year (the Aurora Recreation
Complex, the new Seniors Centre, the new Fire Hall); and the increase in the cost of
the liability insurance coverage. The following table highlights the various policies and
the premium costs for each between 2006 and 2007.
YEAR TO YEAR PREMIUM COMPARISON
POLICY 1 2007 __J__2006 __J
General Liability
$120,635 $108,680 J
Errors & Omission Liability
$ 29,900 $ 26,000
Environmental
$ 11,500 $ 11,500 J
Automobile
$ 21,910 $ 14,688
Property _
$ 78,684 $ 54,520 J
Boiler & Machinery_)
$ 5,724 4 $ 4,353
Crime _ J
$ 5,958 $ 6,620 �f
Councillor's Accident ��
$ 750 $ 750
TOTAL
$275,061
$227,111 J
An insurance premium budget has been included as part of the Town's annual
operating budget. This premium is subsequently charged back to each of the operating
departments based on the proportionate size of operations. The current balance of
$315,385 in the Insurance Reserve also provides a sufficient cushion in the event of
any unexpected claim exposures.
In addition to the foregoing, staff also considered an increase in the deductibles in order
to determine if sizeable reductions in the premiums could be achieved. Accordingly
OMEX provided the following savings that could be achieved through adjustments in
the deductibles.
—59—
COUNCIL — MARCH 6, 2007
February 6, 2007 - 4 - Report No. CS07-009
Increase the deductibles from $10,000 to $15,000 would provide a savings of $9,816,
or alternatively a change in the deductibles from $10,000 to $25,000 would achieve a
savings of $27,515. Although the proposed adjustments would provide a significant
savings, staff recommends that this option not be supported. As evident through the
number of claims that are filed against the municipality on an annual basis, (ave. 50
claims per year) it would only take two judgements of over $25,000 to negate any
savings that would be achieved, therefore maintaining the current deductible level is the
preferred option.
LINK TO STRATEGIC PLAN
Goal D1 - Continue the commitment of fiscal responsibility and accountability.
ATTACHMENTS
Appendix #1 — Coverage Summary
Appendix #2 — List of Member Municipalities
PRE -SUBMISSION REVIEW
Prepared by. Bob Panizza ext. 4221
—tw000
Bob Fanizza
Director of Corporate Services
John S. Rogers
C. A. O.
.m
COUNCIL — MARCH 6, 2007
INSURANCE LIMITS
General Liability $50,000,000 coverage
$10,000 deductible
Errors & Omissions $50,000,000 coverage
$10,000 deductible
Environmental Impairment $5,000,000 coverage
(Pollution) $10,000 deductible
Property Replacement coverage
$10,000 deductible
Automobile Replacement
$10,000 deductible
Boiler & Machinery $50,000,000 coverage
$10,000 deductible
Crime $1,000,000 coverage
$0 deductible
Councillor's Accident $2,000,000 accident coverage
$200,000 life insurance
$500 weekly indemnity for total disability
up to 104 weeks
—61—
I COUNCIL - MARCH 6, 2007
Insurance Program
General Liability
- insures against third party claims for bodily injury
(including death), personal injury including libel, slander,
defamation of character, etc. and property damage.
Errors & Omissions
insures against third party claims for financial loss
resulting from an error, omission, negligent misstatement
or misrepresentation, or breach of duty on the part of the
municipality and its employees.
Conflict of Interest
- provides coverage for legal costs arising out of the
defence of an alleged breach of any municipal conflict of
interest legislation on the part of the municipality's elected
officials
Environmental Impairment (Pollution) Liability.
- insures against third party claims for bodily injury and
property damage arising out of the release of a pollutant
or a contaminant into the environment.
Automobile
- insures all of the licensed vehicles owned or (eased by
the municipality
-62-
COUNCIL - MARCH 6, 2007
Property Insurance
- provides coverage for the buildings and equipment
owned or leased by the municipality against damage for
such perils as fire, wind and water damage, flood,
earthquake and collapse.
- Boiler & Machinery Insurance covers mechanical and
electrical breakdown of building equipment (e.g. HVAC)
Crime Insurance
primarily insures the money and securities of the
municipality against loss due to dishonesty on the part of
the employees.
Councillor's Accident
- provides life insurance in the event of accidental death,
weekly indemnity for total or partial disability, additional
auto insurance
-63-
COUNCIL - MARCH 6, 2007
Current Member of OMEX Start Date
1. Richmond Hill
May 1,1995
2. Newmarket
January 1,1996
3. York Region
September 1,1996
4. Georgina
October 1,1996
5. Brampton
January 1,1997
6. East Gwillimbury
June 1,1997
7. Caledon
July 1,1998.
8. Whitchurch Stouffville
March 1, 2000
9. Renfrew
March 1, 2002
10. Cornwall
March 6, 2002
11. Milton
May 14, 2002
12. Halton Hills
May 31, 2002
13. London
January 1, 2003
14. Grimsby
January 1, 2003
15. Dufferin
February 1, 2003
16. Burlington
July 1, 2003
17. Aurora
September 1, 2003
18, Gananoque
October 10, 2003
19. Leamington
November 1, 2003
20. Windsor
January 1, 2004
21, Thunder Bay
January 1, 2004
22. North Bay
January 1, 2004
23. Sarnia
July 1, 2004
24. Fort Erie
January 1, 2005
25. Grey County (Formerly ROMA)
January 1, 2005
26. Grey Highlands (Formerly ROMA)
January 1, 2005
27. Amaranth (Formerly ROMA)
January 1, 2005
28. Laird (Formerly ROMA
January 1, 2005
29. Chatsworth (Formerly ROMA)
January 1, 2005
30.Owen Sound
February 1, 2005
—64—
COUNCIL — MARCH 6, 2007
AGENDA ITEM #
TOWN OF AURORA
AURORA COUNCIL REPORT No. FS07-007
SUBJECT: Land Acquisition — Burnett Property Capital Project
FROM: L. John Gutteridge, Director of Finance/Treasurer
DATE: March 06, 2007
RECOMMENDATIONS
THAT the Land Acquisition — Burnett Property Capital Project be closed; and
THAT the balance of $941,291. be transferred to the Sale of Land Reserve Fund.
BACKGROUND
The Capital program has an outstanding project called Land Acquisition — Burnett Property,
this project was established in 2003 and continues to be on the book. This project was
established for the acquisition of land for the new Recreation Complex. The Financial
Implications section of this report will explain the funding.
COMMENTS
This outstanding capital project is another example of a project that has been on the books
for quite some and needs to be cleaned up. As was identified this is for the acquisition of
the Burnett Lands, lands acquired for the New Recreation Complex.
OPTIONS
1. Leave accounts as they are.
FINANCIAL IMPLICATIONS
In 2003 when Council agreed to acquire the Burnett Property, a method in which to raise
the $6,000,000 was established. Report No. TR03-017 outlined the funding as follows:
Tax Rate Stabilization Reserve
$ 525,000.
Municipal Capital Reserve
$ 525,000.
Development Charges Reserve Fund
$1,100,000.
Cash -in -lieu of Parkland
$1,750,000.
Water/Sewer Reserve Fund
-Temporary Internal Financing
$2,100,000,
TOTAL FUNDING
$6,000,000.
—65—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 2 - Report No. FS07-007 i �
It turns out the Financial Services Department did not specifically take the Temporary
Internal Financing from the Actual Water/Sewer Reserve Fund. Instead they created a
Reserve Fund called Sale of Municipal Lands. In doing this, what they actually did was
borrow the money from Reserves in general and not the Water/Sewer Reserve Fund.
At the end of the process the acquisition of the Burnett Property cost the Municipality
$5,059,709. which has resulted in $941,291. remaining in the Land Acquisition — Burnett
Property Capital Project.
In order to clean this up, we are suggesting that the $941,291. surplus in the Land
Acquisition — Burnett Property Capital Project be transferred to the Sale of Municipal
Lands Reserve Fund.
CONCLUSIONS
In completing this transaction, it will reduce the number of outstanding capital projects and
in turn reduce the balance owing to the Sale of Land Reserve.
LINK TO STRATEGIC PLAN
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
Objective D3: Be accountable and transparent to residents by ensuring open and
accessible information flow and accessible decision -making
ATTACHMENTS
N/A
PRE -SUBMISSION REVIEW
Senior Management Team February 21, 2007
Prepared by: L.,. John Gutteridge, Director of Finance/Treasurer -Ext. #4111
L. o�eridge n S. Rogers
Director of Finance/Treasurer Chief Administrative Officer `J
COUNCIL - MARCH 6, 2007 �-
.AGENDA ITEM # 7
/— TOWN OF AURORA
AURORA COUNCIL REPORT No. FS07-010
SUBJECT: Annual Debt Repayment Limits
FROM: L. John Gutteridge, Director of Finance/Treasurer
DATE: March 6, 2007
RECOMMENDATIONS
THAT Report No. FS07-010 be received.
BACKGROUND
Pursuant to Ontario Regulation 403/02 the Ministry of Municipal Affairs and Housing
calculates annually for all municipalities Annual Repayment Limits based on the latest
years Municipal Financial Information Return which in this case is 2005.
The purpose:is to determine the annual debt repayment limit: for all municipalities before
you must go to the Ontario Municipal Board for approval. Debt repayment includes
Debenture Debt and long term financial commitments such as leases.
COMMENTS
The information provided is to ensure that municipalities do not create excess financial
burden on future tax payers and to make processing debt that exceeds the municipal limit
as determined by the Ministry of Municipal Affairs and Housing require additional
approvals. Under the Regulation, the Minister has the ability to monitor Municipalities that
are close to or exceed their debt limit and restrict their ability to issue debt or make long
term commitments.
OPTIONS
1. That the Annual Repayment Limit be received.
FINANCIAL IMPLICATIONS
The reports attached identify our municipality's debt repayment limit in 2007 being
$9,649,696. This report does not identify that we have any debt to date because the
information is drawn off the latest yearfinancial return and this is 2005. We debentured for
the Recreation Complex in 2005 but we did not make any payment toward this debt until
2006, this will be identified on our next statement.
—67—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 2 - Report No. FS07-010
What the debt limit means is that our municipality can issue debt or long term commitment
to an annual repayment limit in 2007 for $9,649,696 this would support a debt based upon
a 7% interest rate for 20 years of $102,229,020 or debt for 5 years of $39,565,660 At the
present time, Town of Aurora has debenture debt in the amount of $12,669,300 over a ten
year debenture with an annual repayment of $1,547,469. and a debenture in the amount of
$4,245,700 over a twenty year debenture with an annual repayment of $320,543. for a
total annual repayment of $1,868,012.
CONCLUSIONS
This is an annual report that we must present to Council per Ontario Regulation 403/02.
As you can see, our municipality has significant debt capacity and at the present time, we
don't have any plans to issue debt during your term of Council.
LINK TO STRATEGIC PLAN
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
Objective D3: Be accountable and transparent to residents by ensuring open and
accessible information flow and accessible decision -making
ATTACHMENTS
Attachment #1 — Ministry of Municipal Affairs and Housing Annual Repayment Limit
PRE -SUBMISSION REVIEW
Senior Management Team February 21, 2007
Prepared by. L. John Gutteridge, Director of Finance/Treasurer -Ext. #4111
L. Johh Gutteridge
Director of Finance/Treasurer
'fin S. Rogers
Chief Administrative Officer
son
COUNCIL — MARCH 6, 2007
Ministry of Municipal Affairs and Housing
Ministers des affaires municipales et du logement
777 Bay Street,
777 rue Bay
Toronto, Ontario.
Toronto (Ontario)
MSG 2E5
M5G 2E5
ANNUAL REPAYMENT LIMIT
(UNDER ONTARIO REGULATION 403/02)
MMA CODE:
27401
MUNID:
19046
MUNICIPALITY:
Aurora T
UPPER TIER:
York R
REPAYMENT LBM:
C $9,649,696
The repayment limit has been calculated based on data contained in the 2005 Financial Information Return, as submitted
to the Ministry. This limit represents the maximum amount which the municipality had available as of December 31,
2005 to commit to payments relating to debt and financial obligations. Prior to the authorization by Council of a long
term debt or financial obligation, this limit must be adjusted by the Treasurer in the prescribed manner. The limit is
effective January 01, 2007.
FOR ILLUSTRATION PURPOSES ONLY,
the additional long-term borrowing which a municipality could undertake over a 5 - year, a 10 - year, a 15 - year and a
20 : year period is shown.
Page: 01 of 03 Date Prepared: January 8 2607
.'
COUNCIL - MARCH 6, 2007
DETERMINATION OF ANNUAL DEBT REPAYMENT LIMIT
1.0
GROSS DEBT CHARGES
1.1
Principal
SLC 74 3099 01
0
1.2
Interest
SLC 74 3099 02
0
1.3
SUBTOTAL
Add Lines 1.1, 1.2
2.0
DEBT CHARGES ON O.C.W.A. PROVINCIAL PROJECT
2.1
Water Projects -- this municipality only
SLC 74 2810 03
0
2.2
Water Projects -- share of integrated project(s)
SLC 74 2820 03
0
2.3
Sewer Projects -- this municipality only
SLC 74 2830 03
0
2.4
Sewer Projects -- share of integrated project(s)
SLC 74 2840 03
0
2.5
SUBTOTAL
Add Lines 2.1 thru 2.4
3.0
PAYMENT IN RESPECT OF LONG TERM COMMITMENTS AND
LIABILITIES
SLC 42 6010 01
0
4:0
SUBTOTAL - DEBT CHARGES
Add Lines 1.3,2.5,3.0
�p
5.0 AMOUNTS RECOVERED FROM UNCONSOLIDATED ENTITIES
5.1 Electricity (Principal)
5.2 Electricity (Interest)
5.3 Gas and Telephone (Principal)
5.4 Gas and Telephone (Interest)
5.5 SUBTOTAL
6.0 PAYMENTS TO PROVINCE FOR DOWNTOWN
REVITALIZATION PROGRAM LOANS
7.0. DEBT CHARGES FOR TILE DRAINAGE AND SHORELINE
ASSISTANCE
8.0 SUBTOTAL - DEBT CHARGES TO BE EXCLUDED
9.0 NET DEBT CHARGES
SLC 74 3030 01 0
SLC 74 3030 02 0
SLC 74 3040 01 + SLC 74 3050 01 0
SLC 74 3040 02 + SLC 74 3050 02 0
Add Lines 5.1 tluu 5.4 0
SLC 42 5410 01
C
SLC 40 1850 02 + SLC 40 1850 08 0
Add Lines 5.5,6.0,7.0 U
0
-70-
COUNCIL - MARCH 5, 2007
DETERMINATION OF ANNUAL DEBT REPAYMENT LIMIT
MUNICIPALITY: Aurora T MMAH CODE: 27401
10.0
11.0
12.0
13.0
13.1
13.2
13.3
13.4
14.0
15.0
16.0
17.0
TOTAL REVENUE FUND REVENUES
FEES FOR REPAYING THE PROVINCE FOR DOWNTOWN
REVITALIZATION LOANS
FEES FOR TILE DRAINAGE AND SHORELINE ASSISTANCE
GRANTS FROM GOVERNMENT OF ONTARIO, GOVERNMENT
OF CANADA AND OTHER MUNICIPALITIES
Ontario Grants
Canada Grants
Other Municipalities
3ffA el"M
FEES AND REVENUES FOR JOINT LOCAL BOARDS FOR
HOMES FOR THE AGED
NET REVENUE FUND REVENUES
25% OF NET REVENUE FUND REVENUE
ANNUAL REPAYMENT LIMIT
25% of Net Revenue Fund Revenues less Net Debt Charges
SLC denotes Schedule, Line, Column
SLC 10 9910 01 38,798,583
SLC 42 5410 01 0
SLC 12 1850 04 0
SLC 10 0699 01 + SLC 10 0810 01 196,298
SLC 10 0820 01 3,500
SLC 10 1099 01 0
Add Lines 13.1 thru 13.3 ] 99,798
0
Lines 10 less Lines 11,12,13.4,14 38,598,785
9,649,696
9,649 696
FOR ILLUSTRATION PURPOSES ONLY
If the municipality could borrow at 7.0% or 9.0% annually, the annual repayment limit shown in 17 above
would allow it to undertake additional long-term borrowing as follows:
7.0% Interest Rate:
(a)
20 years @ 7.0% p.a.
102,229,020
(b)
15 years @ 7.0% p.a.
87,888,604
(c)
10 years @ 7.0% p.a.
67,775,428
(d)
05 years @ 7.0% p.a.
39,565,660
9.0% Interest Rate:
(a) 20 years @ 9.0% p.a. 88,087,693
(b) 15 years @ 9.0% p.a. 77,783,195
(c) 10 years @ 9.0% p.a. 61,928,447
(d) 05 years @ 9.0% p.a. 37,533,953
Page: 03of 03 Date Prepared: January 8 2007
-71-
COUNCIL — MARCH 6, 2007 AGENDA ITEM # $
/- TOWN OF AURORA
AURORA COUNCIL REPORT No. FS07-012
SUBJECT: Capital Fund Report to January 31, 2007
FROM: L. John Gutteridge, Director of Finance/Treasurer
DATE: March 6, 2007
RECOMMENDATIONS
THAT the Treasurer's report FS07-012 "Capital Fund Report to January 31, 2007" be
received; and
THAT Council authorize the re -allocation of capital project closing balances as
identified in Attachment #2 of this report.
BACKGROUND
As has been reported to Council we will be providing quarterly financial reports, howeverto
accommodate the work required, we will be splitting the reports into various funds of the
municipality. The first report will be the Capital Fund, followed by the Water/Sewer Fund
and finally the Operating fund.
The attached report is the financial report forthe Capital Fund to the end of January 2007.
For this report, Financial Services compiled a list and shared this with the appropriate
Director from which we have provided a project status and a proposed resolution if
necessary.
Attached to this report as Attachment #1 is a table showing the Capital Projects that were
approved in 2006 or before, it does not include any 2007 projects as this budget has yet to
be approved.
COMMENTS
As you can see by the report there are still a number of Capital Budget's that have been
carried forward from 2006 and prior. Our objective in the future will be to keep the carry
over projects to a minimum. This can be accomplished in two ways: the first is the timing
of budget approval, the later into the year the budget is approved, the less time
departments have to complete the project. The second issue needs to be addressed by
the various departments, they must have the resources to complete the projects requested.
—72—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 2 - Report No. FS07-012
This is not to say that there won't be any projects carried over as there will be some
projects that can't be done within one budget year and there may be external factors that
make completion beyond our control.
OPTIONS
1. That the report be adopted as proposed.
2. The report identifies the current status of the various capital projects and a proposed
resolution, Council may wish to adjust any particular recommendation.
FINANCIAL IMPLICATIONS
The main purpose of the report is to provide Council with regular reporting on the various
funds of the municipality. However, one of the consequences of the report will be a need
to make appropriate budget adjustments, this report identifies some budget adjustments
that need to be addressed.
Attachment #2 attached hereto, is a summary of the projects on one list and shows where
the money is needed to fund deficits, or where surpluses are to be refunded. The net
results to reserves and operating will be distributed as follows:
Sum of Unexpended balances $ 642,626
Sum of (Unfinanced) Balances $ 112,607
New Unexpended/(Unfinanced) $ 530,019
CONCLUSIONS
As you can see, this will clean up a number of capital projects and re -allocate surplus funds
to other projects or reserves.
LINK TO STRATEGIC PLAN
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
ATTACHMENTS
Attachment #1 Capital Budget Report
Attachment #2 Summary of Financial Transfers for Capital Projects
L.J
—73—
COUNCIL - MARCH 6, 2007
March 6, 2007 - 3 -
PRE -SUBMISSION REVIEW
Senior Management Team February 21, 2007
No. FS07-012
Prepared by. L. John Gutteridge, Director of Finance/Treasurer -Fact #4111
COUNCIL - MARCH 6, 2007
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COUNCIL --MARCH 6, - 2007 - - -- - a
AGENDA ITEM # 9
TOWN OF AURORA
AURORA COUNCIL REPORT No. PL07-018
SUBJECT: Release for Registration
Hallgrove Estates Inc.
Part of Lot 20, Concession 3
File No. D92-00-2A
FROM: Sue Seibert, Director of Planning and Development Services
DATE: March 6, 2007
RECOMMENDATIONS
THAT the Mayor and Clerk be authorized to execute a Subdivision Agreement
between The Corporation of the Town of Aurora and Hallgrove Estates Inc, in
accordance with the draft approved conditions dated June 28, 2005, 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, the Mayor and Clerk be authorized to execute all documents necessary to
give effect to same.
BACKGROUND
Application Background:
As illustrated on Figure 1, the subject lands form part of a larger "Business Park" area
situated between Leslie Street and Highway 404 that are identified for development
within Official Plan Amendment No. 30, which implements the Bayview Northeast 2B
Secondary Plan. The subject lands represent one of the four major landholdings
identified for "Business Park" development within the 213 Secondary Planning Area, as
illustrated on Figure 2. The subdivision was draft approved by Council on June 28,
2005 and the implementing Zoning By-law (4679-05.D) was enacted at the same
meeting.
As illustrated on Figure 3, the proposed road network for the subdivision consists of a
north -south collector road called Goulding Avenue, which will eventually access
Wellington Street East through the property located immediately to the north. The road
roughly divides the site into an east and west half, along with another road called Don
Hillock Drive that provides access to Leslie Street. Both of these roads also provide
access to the Town's lands located immediately to the south. Furthermore, the
proposed Plan of Subdivision has also been designed to take into account the lot fabric
proposed by the Town in their Draft Plan of Subdivision to the south. This is to ensure
the proper planning of the Business Park area as whole, taking into account shared
facilities like the Stormwater Management Blocks.
COt1NC I L --MARCH -6, - 2007 - - — -- —
March 6, 2007 - 2 - Report No. PL07-018
As Council is aware, the subdivision application which the Town has filed for their
property to the south was draft approved on December 6, 2006 and zoned on June 16,
2006.
The applicant is now seeking Council's approval of the subdivision agreement, which is
necessary to permit the registration of both the subdivision agreement and plan of
subdivision. Accordingly, this report outlines the status of where the applicant is at
within the Town's subdivision registration process and the applicant's proposal for
Council's approval of the subdivision agreement.
The Hallgrove draft approved plan of subdivision consists of 14 lots with a general lot
size averaging between 8,000 square metres (2 acres) and 9,194.26 square metres (2.3
acres). Furthermore, the majority of the lots have a frontage of 90 metres (295.28 feet).
Lots 9 and 10 are located along Highway 404 and are larger in size with 19,526.44
square metres (4.8 acres) and 11,651.52 square metres (2.9 acres) of area. The Plan
also consists of three Blocks 15, 16 and 17 which will be combined with a portion of the
Town owned lands to the south to form the site of a new York Regional Police building.
Finally, Block 18, located along Leslie Street at the southwest corner of the Plan will
also be combined with a portion of the Town owned lands and will be used for a
stormwater management facility.
Location/Land Use:
The subject lands are located between Leslie Street and Highway 404, south of
Wellington Street East and site servicing and grading for the subdivision is near
completion.
Surrounding Uses:
To the North:
Rural designated Business Park;
South:
Town owned Business Park lands;
East:
Highway 404;
North West:
Rural designated Business Park (Magna); and
South West:
Magna Golf Course and Residential.
Proposal:
Hallgrove Estates Inc, is seeking to register their draft plan of subdivision to be used as
a Business Park. As illustrated on Figure 3, the Plan consists of 14 lots, three Blocks
which will be combined with a portion of the Town owned lands to the south to form the
site of a new York Regional Police building, and a stormwater management Block. The
applicant has obtained their final approvals for both engineering and landscape plans
for the site and both sets of drawing have been signed by the appropriate department
head. The applicant is now seeking Council's approval of the Subdivision Agreement,
which is necessary to permit the registration of both the subdivision agreement and plan
of subdivision.
—91—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 3 - Report No. PL07-018
Oak Ridaes Moraine:
Smaller portions of the eastern and western limits of the subject lands are located in the
Oak Ridges Moraine, however the subject applications were submitted prior to
November 17, 2001, and therefore the applications are considered transitional files
under the Oak Ridges Moraine Conservation Plan and therefore do not have to conform
to the Plan.
SUBDIVISION AGREEMENT
The Town's standard subdivision agreement consists of two components. The first is
referred to as the "Precedent" component while the second comprises of a series of
schedules that set out the legal description, special conditions, financial obligations,
security requirements, notices to purchasers, etc. The precedent part of the agreement
is intended to be standard for all subdivisions while the schedules change with each
agreement. The precedent part of the agreement was recently reviewed and revised as
noted below.
PRECEDENT PART OF THE SUBDIVISION AGREEMENT
Due to recent changes to the Building Code Act the precedent portion of the subdivision
agreement has been amended. The main thrust of the amendments is to remove
references to withholding building permits as a mechanism to ensure that appropriate
services have been installed prior to their issuance. Under the new legislation and
regulations, conditions of a subdivision agreement are not considered "applicable law"
in determining whether or not the Chief Building Official shall issue a building permit.
Hence changes to the agreement have been made to acknowledge this. In preparation
for the recent changes, a bylaw was passed in October of 2005 providing for municipal
servicing to be installed prior to the issuance of a building permit and the bylaw is
considered to be "applicable law". Therefore standards that would normally be
preconditions for building permit issuance in an agreement such as water and sewer are
covered off through compliance with a bylaw.
Other changes to the precedent were also included to standardize the agreement
further and streamline the process.
SITE SPECIFIC PART OF THE SUBDIVISION AGREEMENT
The schedules of the subdivision agreement deal with all of the site specific clauses and
requirements and have been attached as Figure 4. These were primarily routine
subdivision matters such as engineering and stormwater management, vegetation
preservation and landscape requirements, and urban design. A special clause was
included to address the consolidation of Blocks 15, 16 and 17 with the Town lands to
the south to allow for the construction of the New York Regional Police building. The
clause states that a building permit will not be issued until the lands are consolidated to
form one building lot.
—92—
COUNCIL — MARCH 6, 2007
March 6.2007 - 4 - Report No. PL07-018
Another special clause was included that required the completion of the Interim
Stormwater Management Facility located on Block 18, including rehabilitation and
plantings, prior to the approval of any Site Plan for the development of any of the
lots/blocks on the Plan. The Interim Stormwater Management Facility will service the
Hallgrove lands, as well as the portion of the Town owned lands to the south required to
build the new York Regional Police building. The Stormwater Management Facility is
planned to be expanded to its ultimate size to serve the lands located north of the
Hallgrove site when they are developed. Other applicable clauses are set out in
Schedule "C".
Lands and easements to be granted, and any one foot reserves to be conveyed to the
municipality are included on Schedule "F".
Security for the servicing, payment of the sewer and water components of the
development charges and fees for planning, engineering and review of landscape plans
are shown found on Schedule "L", and Schedule "K" sets out fees payable. It is worth
noting that the developer will be required to pay a 40% contribution toward the cost of
traffic signals to be located at the intersection of Don Hillock Drive and Goulding
Avenue. This is required because it was determined through the Traffic Study that
Hallgrove will generate 40% of the traffic volume at this intersection. A clause to this
effect is also located within Schedule "C." The traffic signals will be required once the
lands to the south are developed. Finally, it is also worth mentioning that Cash -in -Lieu
of Parkland will be required prior to issuance of building permits.
Notices to purchasers have also been included on Schedule "O" regarding such items
as parking restrictions, temporary turning circle locations, landscape works, storm water
management facilities, and urban design requirements.
The text of the Subdivision Agreement has been finalized to address all the
requirements of the draft conditions for the subdivision contained within Draft Plan of
Subdivision D12-00-2A. The M-plan, engineering plans, landscape plans and
associated reference plans, as well as the Subdivision Agreement itself have been
reviewed by all Departments and meet their requirements.
The subject plan of subdivision was draft approved by Council on June 28, 2005, The
subdivision has been preserviced under a preservicing agreement that was authorized
by Council on August 22, 2006. The subdivision agreement has been drafted in
accordance with normal protocol with direct input from staff of the various departments
involved and reviewed by the Legal Services Division. The applicant is in the process
obtaining letters of credit and providing financial requirements as set out in the
schedules.
—93—
COUNCIL — MARCH 6, 2007
March 6, 2007 - 5 - Report No. PL07-018
OPTIONS
As per Staff's recommendations above, Council has the option of authorizing the Mayor
and Clerk to execute the subdivision agreement and associated documents subject to
the payment of fees and securities to facilitate the Hallgrove Estates Inc. plan of
subdivision or Council may request further information regarding the draft plan of
subdivision or subdivision agreement and direct staff to bring that information back to a
future Council date. Given that applicant has fulfilled the requirements of the Town's
subdivision agreement process, staff recommends the approval of the agreement.
FINANCIAL IMPLICATIONS
$253,965.39 in total fees is required to be paid upon execution of the agreement by the
applicant. Additional development charges will be collected, at the rates that apply
when building permits are issued. The recommendation before Council requires that
those fees payable at this time and development charges, as well as required securities,
be posted prior to the Town executing the subdivision agreement.
LINK TO STRATEGIC PLAN
The Strategic Plan contains objectives to ensure high quality, comprehensive
community planning to protect the overall investment of citizens in the community.
Critical review of the subject application through the Zoning By-law Amendment and
Subdivision processes has facilitated this objective. It also contains economic
development objectives to encourage new employment. The registration of the subject
subdivision would provide for an increased supply of well -located employment lands.
CONCLUSION
Staff are of the opinion that the applicant, Hallgrove Estates Inc., has fulfilled the
requirements of the Town in order to finalize the subdivision agreement for the
development of the subject lands. Staff recommends that the Mayor and Clerk be
authorized to enter into a Subdivision Agreement with Hallgrove Estates Inc. to facilitate
this development upon posting of all securities and payment of fees.
ATTACHMENTS
Figure 1 - Location Plan
Figure - Secondary Plan Schedule "A"
Figure 3 - Draft M-Plan
Figure 4 - Subdivision Agreement: Signing Page and Schedules
PRE -SUBMISSION REVIEW
Management Team Meeting: February 14, 2007
COUNCIL — MARCH 6, 2007
n
March 6, 2007 -6- Report No. PL07-018
Prepared by. Fausto Filipetto, Policy Planner
Extension 4342
Susan Seibert, M.C.I.P., R.P.P. John S. Rogers,
Director of Planning and Development Services C.A.®.
—95—
COUNCIL - MARCH 6, 2007
46
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COUNCIL - MARCH 6, 2007
FIGURE 4
HALLGROVE ESTATES INC.
BUSINESS PARK
SUBDIVISION AGREEMENT
SIGNING PAGE
SCHEDULES
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-00-2A 40
Business Park Subdivision Agreement
Council Date —March 6, 2007
Dedication of Streets and Walkways on the Plan:
11.08 The Owner agrees to dedicate to the Town without monetary consideration and free of
all encumbrances, the public streets and walkways on the Plan In accordance with
Schedule "G" hereto annexed to the satisfaction of the Director of Public Works, the
Director of Leisure Services and the Town Solicitor.
SECTION 13 LIST OF SCHEDULES
13.01 The following schedules are attached hereto and form part of this Agreement:
a) Schedule A, Plan of Subdivision;
b) Schedule B, Legal Description of the Lands;
c) Schedule C, Special Conditions;
d) Schedule D, Solicitor's Opinion as to Title;
a) Schedule E, Ontario Land Surveyors Certificate as to Conformity of Lots and
Blocks with Zoning By-law;
f) Schedule F, Lands, Easements and Reserves to be Conveyed by Owner;
g) Schedule G, Lands to be Dedicated as Public Walkways and Public Highways;
h) Schedule H, Lots and Blocks Subject to Special Conditions;
1) Schedule I, Schedule of Construction Dates of Public Works, Estimate of Costs
of Construction, List of Plans and Specifications;
j) Schedule J, Schedule of Landscape Plans, Construction Dates and Estimate of
Costs of Landscape Works;
k) Schedule K, Financial Payments and Other Costs;
1) Schedule L, List of Securities to be Posted;
m) Schedule M, Works Not Assumed by the Town
n) Schedule N, Consolidation: Notice to Purchasers — Offers of Purchase and Sale
Agreements; and
o) Schedule O, Temporary Turning Circle Agreement
IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly
attested by the hands of the proper signing officers in that behalf and the said signing officers
certify that they have authority to bind their corporation.
HALLGROVE ESTATES INC.
Per.
Name: Mauro Baldassarra
Title: A.S.O.
(I have the authority to bind the Corpore0on)
THE CORPORATION OF THE
TOWN OFAURORA
Phyllis M. Morris
Mayor
Bob Pan!=
Town Clerk
-100-
COUNCIL - MARCH 6, 2007
Hallgmve Estates Inc. - 012-00-2A Al
Perk Subdivision Agreement
Council Cale — March 6. 2007
SCHEDULE W
PLAN OF SUBDIVISION
This Schedule shall consist of the draft M-Plan on file with the Town and the Regional
Municipality of York as application D12-00-02A and this Schedule shall consist of the final 66M-
Plan upon its registration in the York Region Land Titles Office.
-101-
COUNCIL - MARCH 6, 2007
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-102-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-DD-2A A2
Business Para SubdIvlslon Agreement
Council Date =March 6, 2007
SCHEDULE
LEGAL DESCRIPTION OF THE LANDS
All and singular that certain parcel or tract of land and premises situate, lying, and being in the
Town of Aurora, in the Regional Municipality of York, formerly in the geographic Township of
Whitchurch, and being composed of Part of Lot 20, Concession 3, designated as Parts 1 and 2,
Plan 65R-20060.
-103-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-00-2A A3
Business Park SubdiAsion Agreement
Council Date — March a, 2007
SCHEDULE"C°
SPECIAL CONDITIONS
INDEX
SECTION 1 PUBLIC WORKS DEPARTMENT REQUIREMENTS
1.01 Preservicing Agreement
1.02 Stormwater Management
1.03 Timing of Construction of Storm Water Management Facility
1.04 Signs on Streets to be Extended
1.05 Parking Restrictions
1.06 Interim Servicing Connections
1.07 Transportation
1,08 Traffic Signals
1.09 Temporary Turning Circle
1A0 Environmental Impact Study
1.11 Utility Easements
SECTION 2 BUILDING ADMINISTRATION DEPARTMENT REQUIREMENTS
2.01 Lots/Blocks to be Consolidated with Other Lands
SECTION 3 CENTRAL YORK FIRE SERVICES REQUIREMENTS
3.01 Access to Lands and Fire Hydrants
SECTION 4 LEGAL SERVICES DEPARTMENT REQUIREMENTS
4.01 Cash -in -Lieu of Parkland
4.02 Temporary Turning Circle Agreement
4.03 Easements in Favour of Utilities
SECTIONS LEISURE SERVICES DEPARTMENT REQUIREMENTS
5.01 Vegetation Conservation / Preservation
5.02 Topsoil Requirements
5.03 Architectural I Urban Design Guidelines
5.04 Landscape Entry Feature & Buffer Plantings
5.05 Street Tree Installations
5.06 Stormwater Management Facilities Within the Plan
5.07 Landscape Maintenance
5.06 Landscaping on Site Plan Lots / Blocks
SECTION 6 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT
REQUIREMENTS
6.01
Phasing
6.02
Architectural Control
6.03
Environmental Site Remediation
6.04
Official Plan and Zoning
-104-
COUNCIL - MARCH 6, 2007
Hellgmve Estates Ina - D12-00.2A A4
Business Park subtlh-0sion Agreement
Council Date —March 6, 2007
SECTION 7 FINANCIAL SERVICES DEPARTMENT REQUIREMENTS
7.01 Development Charges
SECTION 8 NOTICE REQUIREMENTS
8.01 Notice Information
SECTIONS REGIONAL MUNICIPALITY OF YORK REQUIREMENTS
SECTION 10 MINISTRY OF TRANSPORTATION, ONTARIO REQUIREMENTS
SECTION 11 LAKE SIMCOE REGION CONSERVATION AUTHORITY REQUIREMENTS
SECTION 12 MINISTRY OF TOURISM, CULTURE AND RECREATION REQUIREMENTS
-105-
COUNCIL - MARCH 6, 2007
Halorove Estates Inc - D12-00-2A
Business Park Subdivision Agreement
Council Date —March 6, 2007
SPECIAL CONDITIONS
SECTION 1 PUBLIC WORKS DEPARTMENT REQUIREMENTS
Preservlcing Agreement:
A5
1.01 Upon registration of this Agreement in the appropriate Land Registry Office, the
terms and conditions set forth in the Preservicing Agreement dated August 22, 2006,
executed by the Owner and the Town shall be superseded by the terms and
conditions set forth in this Agreement.
Stormwater Management:
1.02 1) The Owner agrees to carry out the works as outlined In a report entitled
"Stormwater Management Report", dated July 2006, by Schaeffers Consulting
Engineers, to the satisfaction of the Lake Simcoe Region Conservation Authority
and the Town which shall provide for a storm water management plan which
achieves Level 1 protection.
2) The Owner agrees that concurrent with commencement of any above or below
ground construction, all required stormwater control facilities, siltation controls,
ground cover slope stabilization and naturalization plantings shall occur. Further,
the Owner agrees that the interim stormwater management facility shall be fully
restored and stabilized concurrent with the completion of any other aspect of the
servicing works. Restoration shall Include finish grading, 3DOmm depth topsoil,
and fringe aquatic vegetation. The said works shall be to the satisfaction of the
Director of Public Works and the Director of Leisure Services.
Timing of Construction of the Interim Storm Water Management Facility:
1.03 The Owner agrees that the construction of the Interim Storm Water Management
Facility, located on Block 18, shall be completed, including rehabilitation and plantings,
prior to the approval of any site plan for the development of any of the lots/blocks on the
Plan
Signs on Streets to be Extended:
1.04 In addition to the signs to be erected pursuant to Section 3.37 of this Agreement, the
Owner agrees to erect and maintain signs at the ends of all streets Intended to be
extended In the future as follows:
"NOTICE: This street is intended to be extended in the future. For further
information, please contact the Town of Aurora Planning and Development
Services Department at (905) 727-1375".
Said signs shall be erected on Don Hillock Drive and Goulding Avenue in such
location(s) as shall be satisfactory to the Director of Public Works.
Parking Restrictions:
1.05 The Owner agrees to install all temporary signage necessary to provide notification of
the parking restrictions as stipulated in the report entitled 'Internal Traffic Study,
Addendum Report for Haligrove Estates", prepared by Entra Consultants, dated May
2D051 prior to installation of all base course asphalt.
The streets having parking restrictions on Schedule "A" hereto annexed are:
Don Hillock Drive and Goulding Avenue
-106-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc • 1)12-00-2A
Business Park Subdivision Agreement A5
Council Date —March 6, 2007
The nature and location of the temporary signage shall be to the satisfaction of the
Director of Public Works.
The permanent signage shall be installed immediately after the top course asphalt has
been placed, or at such other time as required by the Director of Public Works,
Interim Servicing Connections:
1.06 The Owner agrees that design and construction and removal of any interim servicing
connections and emergency road access shall be to the satisfaction of the Director of
Public Works.
Transportation:
1.07 1) The Owner agrees that all road work and construction shall be in accordance
with the approved report entitled 'Internal Traffic Study, Addendum Report for
Hallgrove Estates" prepared by Entra Consultants dated May 2005, which
includes works relating to road cross -sections, parking controls, bike ways,
pavement markings, traffic signage including bicycle route signage and other
requirements as set out in the said study.
2 The Owner agrees to design and install all traffic control devices (including
temporary pavement markings) as specked in the approved traffic study entitled
"Internal Traffic Study, Addendum Report for Hallgrove Estates" prepared by
Entra Consultants dated May 2005, Immediately after placement of base course
asphalt, to the satisfaction of the Director of Public Works,
3) The Owner shall demonstrate that the final plan proposed for registration _
complies with the Town's standard angle bend configuration with respect to all
elbow road bends on the Plan, to the satisfaction of the Director of Public Works.
4) The Owner agrees to ensure that all dead ends, open sides of road allowances,
and open space Blocks, together with other yard fiankages of the lots or blocks
within this Plan of Subdivision shall be terminated in 0.3 metre reserves to be
conveyed to the Town at no cost and free of all encumbrances, to be held by the
Town until required for future road allowances, or for the development of
adjacent lands, or to prohibit access at certain locations, all to the satisfaction of
the Director of Public Works.
Traffic Signals:
1.08 The Owner and the Town hereby acknowledge that traffic signals will be required to be
installed at the intersection of Don Hillock Drive and Goulding Avenue by the adjoining
owner located to the south of the Lands In accordance with the Town's future approval of
the development of the adjoining owner's lands. The Owner hereby agrees to contribute
towards the total costs of the said traffic signals by providing 40% of the total estimated
costs to the Town as set out on Schedule "K" attached hereto
Temporary Turning Circle:
1.09 In the event that Don Hillock Drive on Schedule "A" is developed prior to the
development of the adjoining lands to the south of the Lands, the Owner shall be
required to construct a temporary turning circle at the current south terminus of Don
Hillock Drive and enter into a Temporary Turning Circle Agreement with the Town. The
Owner hereby agrees to grant any temporary easements to the Town without monetary
consideration and free of all encumbrances which may be required in order to complete
the temporary turning circle. The Town hereby agrees to provide the Owner with a
Consent to the release of said temporary easement upon request of the Owner to the
Town and approval of same by the Director of Public Works. -%
-107-
COUNCIL - MARCH 6, 2007
Hallgrwe Estates Inc. - D12-00-2A A7
Buell Park Subtlivlalon Agreement
Council Date —l6, 2007
Environmental Impact Study:
1,10 The Owner agrees to implement the recommendations of the Environmental Impact
Study prepared by Dillon Consulting, dated October 2004, pertaining but not limited to
stormwater management, erosion and sediment control, vegetation management, and
monitoring.
Utility Easements
1.11 1) The Owner agrees and the Town hereby acknowledges that the Owner shall
grant an easement in favour of Powerstream Inc. over Part of Lots 1 to 14
Inclusive and Part Blocks 15 to 17 inclusive according to Schedule "A" attached
hereto and in accordance with the Plans attached hereto as Schedule "J". The
Owner and the Town hereby agree that said easement shall allow the owners,
their successor and assigns full access over the easement area and also permit
therein the construction of any and all paved or unpaved driveways that may be
required In the future over the easement area including any digging required for
same
2) The Owner hereby acknowledges and the Town agrees that the Town shall grant
an easement in favour of Bell Canada over Part of Block 18 according to
Schedule "A" attached hereto in accordance with the Plans attached hereto as
Schedule "J" once Block 18 has been conveyed to the Town for stormwater
management purposes in accordance with Schedule "F" attached hereto.
SECTION 2 BUILDING ADMINISTRATION DEPARTMENT REQUIREMENTS
Lots/Blocks to be Consolidated with Other Lands:
2.01 The Owner agrees that no Building Permits shall be issued for Blocks 15 to 17 inclusive
as shown on Schedule "A" until such time as those lands are consolidated and combined
with the adjacent lands to the south to create one (1) building lot, which consolidation
may require the registration of certain legal documents to the satisfaction of the Town
Solicitor.
SECTION 3 CENTRAL YORK FIRE SERVICES REQUIREMENTS
Access to Lands and Fire Hydrants:
3.01 The Owner shall maintain access to the site at all times to the satisfaction of the Fire
Chief, in addition, the owner shall maintain all hydrants in an operational condition to the
satisfaction of both the Director of Public Works and the Fire Chief.
SECTION 4 LEGAL SERVICES DEPARTMENT REQUIREMENTS
Cash -in -Lieu of Parkland:
4.01 The Owner will satisfy all requirements of the Town's By-law #4291-01.F, as amended,
or any successor thereto and applicable policies, by submitting to the Town prior to the
issuance of building permits, such amount relating to cash -in -lieu of parkland as
determined by the Town including any and all appraisal costs incurred by the Town to
determine the value of the Lands as set out on Schedule "K" attached hereto.
Temporary Turning Circle Agreement:
4.02 Simultaneous with the execution of this Agreement by the Town and in addition to the
temporary turning circle easement to be granted to the Town by the Owner pursuant to
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-OD-PA AS
Business Park Subdivislcn Agreement
Council Dale— March 6, 2007
Schedule "F' attached hereto, the Owner and the Town shall enter into a Temporary
Turning Circle Agreement in the form attached hereto as Schedule "O" pursuant to
Schedule "C', Section 1.12 herein, to the satisfaction of the Director of Public Works and
the Town Solicitor.
Easements in Favour of Utilities:
4.03 1) In accordance with Schedule 'C", Section 1.11 herein, the Owner shall,
subsequent to the registration of the Plan, grant an easement In favour of
Powerstream Inc. for nominal consideration and free of all encumbrances over
Part of Lots 1 to 14 inclusive and Part Blocks 15 to 17 inclusive according to
Schedule "A' attached hereto, further described as Parts 1, 5, 6, 7, 8, 9, 10, 11,
13, 14, 15, 17, 18. 19, 22, 23, 24, 25. 26, 27 and 28 on a Draft Reference Plan
prepared by Rady-Pentek & Edward Surveying Ltd. as Job No. 15-206.
2) In accordance with Schedule "C", Section 1.11 herein, the Town shall,
subsequent to the registration of the Plan and subsequent to the conveyance to
the Town of Block 18 on Schedule "A" attached hereto in accordance with
Schedule'F' attached hereto, grant an easement in favour of Bell Canada for
nominal consideration and free of all encumbrances over Part of Block 18
according to Schedule "A" attached hereto, to be further described on a
Reference Plan submitted by the Owner.
3) The Owner and the Town hereby acknowledge and agree that the utility
easements to be granted by the Town and the Owner in subsections 1 and 2
above shall be registered to the satisfaction of the Town Solicitor at the sole
expense of the Owner.
SECTIONS LEISURE SERVICES DEPARTMENT REQUIREMENTS
Vegetation Conservation/Preservation:
5.01 1) The Owner agrees not to disturb, damage, destroy or remove vegetation within
the Plan, or alter grades or stockpile equipment within the root zone of
vegetation, without the prior written approval of the Director of Leisure Services.
2) The Owner agrees to maintain temporary tree protection/silt fencing in good
condition for the duration of subdivision construction on the Lands. Tree
preservation opportunities and/or tree removal shall be addressed at Site Plan
stage for individual lots/blocks, to the satisfaction of the Director of Leisure
Services.
Topsoil Requirements:
5.02 1) The Owner agrees to provide topsoil testing by an agency approved by the
Director of Leisure Services to confirm topsoil type (i.e., percentage of send, silt
clay, organic matter), micro and macro nutrient content and pH levels. The
Owner further agrees to provide the Director of Leisure Services with the said
test results prior to landscape implementation and to provide fertilizers and soil
amendments in accordance with the test recommendations to the satisfaction of
the Director of Leisure Services.
2) The Owner agrees to notify the Director of Leisure Services prior to exporting any
surplus topsoil and to provide the Town the first right to obtain said surplus
topsoil.
3) The Owner agrees to provide a continuous minimum 300mm depth topsoil for all
boulevard areas designated for street tree plantings, storm water management
pond blocks and landscape planting areas.
-109-
COUNCIL - MARCH 6, 2007
Hallgmve Estates Inc. - 012-00-2A A9
Business Park aubtllvislan Agreement
Council eat. - March S. 2007
Architectural / Urban Desian Guidelines:
5.03 The Owner agrees that all Landscape Works as set out in this Agreement and as set out
in Schedule "J" hereto annexed, shall be designed and Implemented in accordance with
the Urban Design Guidelines prepared by NAK STLA Inc. and The Planning Partnership.
Landscape Entry Feature & Buffer Plantings:
5.04 1) The Owner agrees to install landscape works, including buffer plantings, fencing
and entry features/structures on Lots 1, 9 and 10 on Schedule "A" attached
hereto in accordance with the plans attached hereto on Schedule V. The
Owner further agrees that no fence or wall structure, including footings and
foundations associated with the said works shall be constructed on municipal
highways or other property owned by the Town. The Owner also agrees on
behalf of Itself and its successors that the said works will not be assumed or
owned by the Town and that all future maintenance and liability associated with
the works shall be that of the registered owner(s)of Lots 1, 9 and 10 according to
Schedule "A" attached hereto and not the Town of Aurora. Furthermore, the
Owner agrees that notice in regards of conditions requested herein shall be
registered, In a form acceptable to the Town, against the Lots affected.
2) The Owner agrees on behalf .of itself and its successors that no alterations,
additions or removals shall be made to the landscape works referenced herein
without prior written approval of the Director of Leisure Services.
Street Tree Installations:
5.05 1) The Owner agrees to provide a continuous 300mm depth of topsoil for all
boulevard tree planting areas, specifically, the entire area between the curb and
the sidewalk and, where there is no sidewalk, the entire area to a distance of 3.0
metres behind the curb.
2) The Owner agrees to pay to the Town of Aurora a Street Tree and Maintenance
Fee as set out in Schedule "K" hereto annexed, for Installation and maintenance
of street trees by the Town on municipal boulevards in accordance with the
landscape plans as set out in Schedule "J" hereto annexed
Stormwater Management Facilities Within the Plan:
5.06 1) The Owner agrees that within the stormwater management facility, being Block
18 according to Schedule "A" to be transferred to the Town according to
Schedule "F" hereto annexed, the storage of equipment, materials, or builder's
debris, or the stockpiling of topsoil on said Block shall not be permitted without
prior authorization from the Director of Leisure Services.
2) The Owner agrees to install warning signs around the perimeter of the
stormwater management facility, in accordance with Town standards,
Immediately after the facility has been rough graded and is functioning as a water
storage basin.
Landscape Maintenance
5.07 1) The Owner agrees to provide maintenance of the landscape entry feature,
northern site boundary buffer and 404 buffer beyond the municipal two (2) year
maintenance guarantee period, If necessary, until such time as a Site Plan
Agreement has been entered Into with the Town for the subject Lots 1, 9 & 10.
The Owner further agrees that the Town will retain securities for said
maintenance to ensure the viability of landscaping In accordance with the intent
of the Urban Design Guidelines, to the satisfaction of the Director of Leisure
Services.
-110-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - DIMMA At g
Business Park Subdivision Agreement
Council Date — Marsh 6, 2007
2) The Owner agrees to provide bi-weekly grass -cutting maintenance on the
municipal boulevards of streets within the plan for the duration of the 2-year
maintenance guarantee period.
Landscaoina on Site Plan Lots/Blocks:
5.08 Notwithstanding the provisions noted in 5.01 to 5.07 inclusive above, the Owner agrees
that any site plan agreement prepared affecting blocks or lots subject to site plan control
shall contain provisions addressing all required Landscape Works and securities, to be
designed and implemented in accordance with the Architectural Design Guidelines and
all applicable Town standards, to the satisfaction of the Director of Leisure Services.
SECTIONS PLANNING AND DEVELOPMENT SERVICES DEPARTMENT
Phasina:
6.01 Not Applicable
Architectural Control:
6.02 1) The Owner agrees to Implement the recommendations and measures contained
in the Hallgrove Industrial Park Urban Design Guidelines, prepared by NAK
STLA Inc. / The Planning Partnership, dated August 16, 2006. Design and
construction of all buildings, walkways, landscaping, parking and all other areas
within each Plan shall be conducted in strict compliance with the Guidelines,
unless otherwise approved by the Town.
2) The Owner agrees that the Town will retain NAK STLA Inc. / The Planning
Partnership Urban Design Consultant, to carry out architectural control for all the
Lands within the Plan, at the Owner's sole expense. Design guidelines,
approved by both the Town and Owner, will be administered by the Controlling
Urban Design Consultant, in consultation with the Town. Design and
construction of all boulevards, buildings, walkways, landscaping, parking and all
other areas within each Plan shall be constructed in compliance with the Urban
Design Guidelines prepared by NAK STLA Inc, and The Planning Partnership,
dated August 16, 2006, as approved by the Town.
3) The Owner agrees that construction of all buildings within the Plan shall be
conducted in strict compliance with the design guidelines approved by the Owner
and the Town. The Owner agrees to submit with the application for Building
Permit for any lot or block detailed site/lot grading plan that has received the
endorsement of the Controlling Urban Design Consultant. The Urban Design
control will terminate upon assumption of the subdivision and the Town will no
longer be responsible for the enforcement of the Guidelines after construction
and assumption. However where following assumption there are vacant lots the
development of those lots shall be subject to the terms of the agreement and
shall require approvals from the urban design consultant as well as being subject
to the Town of Aurora infill policy.
4) In the event that the Controlling Urban Design Consultant is unable to perform
the responsibilities set out herein both the Town and the Owner shall agree on a
suitable alternative firm to implement the intent of the guidelines. The Owner
agrees to be responsible for all costs associated with the Implementation and
administration of the architectural control process required herein.
5) The Owner agrees that prior to obtaining final approval for building design and
siting, that any builder on Lands within the Plan, and his architect, will review the
design and grading with the Town and the Engineer with a view to providing
building types which are conducive to the site's conditions and which achieve
-111-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc - D12.00-2A All
business Park Subdivision Agreement
CounrA Date —March 6, 2007
grade compatibility with neighbouring lots.
Environmental Site Remediation:
6.03 In accordance with the Town of Aurora Interim Policy and Procedures for Contaminated
sites dated July 23, 1998, the Owner covenants and agrees to provide to the Town prior
to the execution of this Agreement, a completed Record of Site Condition signed by a
qualified engineer or the equivalent, as submitted to the Ministry of the Environment in
accordance with the provisions of the Guideline for Use at Contaminated Sites in
Ontario, June 1996, as revised, Ontario Ministry of the Environment or other guidelines
as appropriate.
Official Plan And Zoning:
6.04 The Owner agrees that minor modifications to the Lands, according to Schedule "A."
hereto annexed may be necessary to ensure compliance with the implementing Zoning
By-law and the engineering standards of the Town and the Region of York, which may
result in the loss of lots and/or units.
SECTION 7 FINANCIAL SERVICES DEPARTMENT REQUIREMENTS
Development Charges:
7.01 The Town and the Owner acknowledge that the roads, sanitary sewer and water
component of the Development Charges applicable to the Lands included in the Plan
shall be paid prior to the issuance of building permits in accordance with the amount set
forth in Schedule X" annexed hereto.
SECTION 8 NOTICE REQUIREMENTS
Notice Information
8.01 Any notice to be given pursuant to this Agreement shall, unless otherwise specified In
this Agreement, be delivered or sent by registered letter or facsimile transmission to the
Owner and the Town as follows:
Owner:
Town:
Name:
HALLGROVE ESTATES INC.
Address:
8600 Dufferin Street
Vaughan, Ontario
Postal Code:
L4K 5P5
Attention:
David Farrow
Telephone: (416) 798-1127
Facsimile: (416) 798-2159
E-mail:
THE CORPORATION OF THE TOWN OF AURORA
Box 1D00, 1 Municipal Drive
Aurora, Ontario
L4G 6A
Attention: Municipal Clerk
Telephone: (905) 727.1375
Facsimile: (905) 726-4732
-112-
COUNCIL - MARCH 6, 2007
Hallgmve Estates Inc. - D1240-2A Al2
Business Pat, Subdivislon Agreement
Council Date — March B, 2007
or to such other address as the Town or the Owner or those for whom they are at law
responsible may respectively from time to time appoint in writing, and any such notice, if
mailed, shall be conclusively deemed to have been given to the received by the other
party three (3) business days after the date of the mailing thereof, postage prepaid or
dated transmission of a facsimile.
SECTION 9 REGIONAL MUNICIPALITY OF YORK REQUIREMENTS
9.01 The Owner agrees that the road allowances included within the draft plan of subdivsion
shall be named to the satisfaction of the area municipality and the Regional Planning
and Development Services Department.
9.02 The Owner agrees to have prepared, by a qualified professional transportation
consultant, a functional transportation report/plan outlining the required Regional road
Improvements for this subdivision. The report/plan, submitted to the Regional
Transportation and Works Department for review and approval, shall explain all
transportation Issues and shall recommend mitigative measures for these issues. This
report shall be submitted for the Region's review,
9.03 The Owner agrees to Implement the recommendations of the functional transportation
report/plan as approved by the Regional Transportation and Works Department.
9.04 The Owner agrees to submit detailed engineering drawings, to the Regional
Transportation and Works Department for review and approval, that incorporate the
recommendations of the functional transportation report/plan as approved by the
Regional Transportation and Works Department. Additionally, the engineering drawings
shall include the subdivision stone drainage system, site grading and servicing, plan and
profile drawings for the proposed intersections, construction access and mud mat
design, utility location plans, pavement markings, intersection signalization and
illumination design, traffic control/construction staging plans and landscape plans.
9.05 The Owner agrees that the following lands shall be conveyed to the Regional
Municipality of York for public highway purposes, free of all costs and encumbrances:
a) a widening across the full frontage of the site where It abuts Leslie Street of
sufficient width to provide a minimum of 18.0 metres from the centreline of
construction of Leslie Street,
b) an additional 2.0 metre widening, 40.0 metres in length, for the purpose of a right
turn lane together with a 60.0 metre taper.
c) a 15.0 metre daylight triangle at the southeast and northeast comer of Leslie Street
and Don Hillock Drive; and,
d) a 0.3 metre reserve across the full frontage of the site where it abuts Leslie and
adjacent to the above noted widenings.
9.06 The Owner agrees that vehicular access to Lot 1 must be obtained from the Internal
roadwork, and a minimum of 60.Om from the daylight triangle. Individual access to Leslie
Street will not be permitted.
9.07 The Owner agrees that the intersection of Leslie Street and Don Hillock Drive shall be
designed and constructed to the satisfaction of the Regional Transportation and Works
Department with any interim or permanent intersection works including turning lanes,
profile adjustments, illumination and/or signalizatlon as deemed necessary by the
Regional Transportation and Works Department.
9.08 The Owner agrees that any existing driveways along the Regional road frontage of this
subdivision must be removed as part of the subdivision work, at no cost to the Region.
9.09 The Owner agrees that the location and design of the construction access for the
subdivision work shall be provided to the satisfaction of the Regional Transportation and
Works Department.
-113-
COUNCIL - MARCH 6, 2007
Hellgrove Estates Inc. - D12-00.2A A13
Business Park subdivision Agreement
Councll Date —March 6, 2007
9.10 The Owner agrees that Prior to Registration they shall provide a signed copy of the
subdivision agreement to the Regional Transportation and Works Department, outlining
all requirements of the Regional Transportation and Works Department.
9.11 The Owner agrees to provide to York Region Transit pedestrian access to transit
facilities by way of a sidewalk, on an Individual basis or combination basis, from the
intemal roadway (Don Hillock Drive) to Leslie Street, subject to approval by the Town of
Aurora and York Region Transit.
9.12 The Owner agrees to provide a solicitor's certificate of title to the Region's Corporate and
Legal Services Department, to the satisfaction of the Regional Solicitor, at no cost to the
Region, with respect to the conveyance of lands to The Regional Municipality of York.
SECTION 10 MINISTRY OF TRANSPORTATION, ONTARIO REQUIREMENTS
10.01 The Owner agrees, prior to the final approval, to submit to the MTO for review and
approval a copy of the drainage/stormwater management report indicating the intended
treatment of the calculated runoff.
10.02 The Owner agrees to convey the 0.3 metre reserve described as Block 28 according to
Shedule "A" hereto annexed, to the Ontario Ministry of Transportation for nominal
consideration and free of all encumbrances.
SECTION 11 LAKE SIMCOE REGION CONSERVATION AUTHORITY REQUIREMENTS
11.01 The Owner agrees that, prior to any grading taking place on the site, to prepare a
Stormwater Management Report incorporating Level 1 protection, which Is acceptable to
the Town of Aurora and the Lake Simcoe Region Conservation Authority. Provision must
be made to locate detention facilities above the elevation of the 1:100 year storm
floodline if applicable. The said Report shall substantiate that the development lands
meet the current stormwater quantity and quality requirements in accordance with the
latest Provincial guidelines. Further, the said Report shall include a recommended
- protocol for the future maintenance of the facility.
11.02 The Owner agrees that, Prior to undertaking any grading on the site and in connection
with the Topsoil Removal Permit referenced in section 3.20 the Owner(s) shall submit
and agree to Implement a report, to the satisfaction of the Lake Simcoe Region
Conservation Authority and the Town of Aurora, which details the means by which
erosion and siltation and their effects will be minimized and contained on the site, both
during and after the construction period. The Owner(s) shall further agree in the
subdivision agreement to maintain all erosion and siltation control devices in good repair
during the construction period in a manner satisfactory to the Lake Simcoe Region
Conservation Authority and the Town of Aurora
11.03 The Owner agrees to obtain all the necessary Conservation Authority permits.
11.04 The Owner agrees to implement the recommendations of the "Environmental Impact
Study" prepared by Dillon Consulting, dated October 2004.
11.05 The Owner Agrees that Prior to final approval and to any grading taking place on the
site, a stormwater management report Incorporating Enhanced Protection (MOE 2003)
shall be prepared to the satisfaction of the Lake Simcoe Region Conservation Authority.
Provision must be made to locate detention facilities above the elevation of the 1:100
year storm floodline if applicable.
11.06 The Owner agrees to prepare a planting plan for the stormwater management facility to
the satisfaction of the Lake Simcoe Region Conservation Authority.
SECTION 12 MINISTRY OF TOURISM, CULTURE AND RECREATION REQUIREMENTS
-114-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - 012410-2A A14
Business Perk Subdivision Agreement
Council Date —March 6, 2007
12.01 The Owner agrees, prior to final approval, to complete an archaeological assessment of
the subject property and mitigate through preservation or resource removal and
documentation, adverse impacts to any significant archaeological resources found. No
grading or other soil disturbances shall take place on the subject property prior to the
Town of Aurora and the Ministry of Tourism, Culture and Recreation confirming that all
archaeological resource concerns have met licensing and resource conservation
requirements.
-115-
COUNCIL - MARCH 6, 2007
Heilgmve Estates Inc. - D12-00-2A
Business Perk Subdivision Agreement
Council Date— March 6, 2007
SCHEDULE"D"
SOLICITOR'S OPINION AS TO TITLE
A15
-116-
COUNCIL - MARCH 6, 2007
SCHEDULE"D"
SOLICITOR'S OPMON AS TO TITLE
I, ALLAN GOLDMAN, a solicitor of the Supreme Court. of Ontario, duly licenced to practice
law in the Province of Ontario, and not being under suspension therefrom by the Law Society of
Upper Canada, have examined the title to the lands as set out in Schedule "A" hereto annexed
and, based on the examination of the documents in connection therewith, I am of the opinion that
HALLGROVE ESTATES INC. has a good and marketable title, in fee simple, to the lands.
I am further of the opinion that there are no mortgages, other encumbrances, or restrictions
against the subject lands or any part thereof, save and except the following:
(a) Charge registered as Instrument YR906686 in favour of The Toronto-Donjinion Bank.
I am further of the opinion that the Corporation of the Town of Aurora has a good and
marketable title, in fee simple, to those lands which are included in Schedule "A" and which are
to be transferred, in fee simple, to the Town, and set out in Schedule "F", free and clear of all
encumbrances.
I am further of the opinion that the Corporation of the Town of Aurora has a good and
marketable title to those easements over lands which are included in Schedule "A" and which are
to be granted to the Town, and set out in Schedule 'T", and that all encumbrances will be
postponed in favour of the said easements.
This Opinion as to Title is given by me to The Corporation of the Town of Aurora and I am
aware that the said Town will be relying on the said Opinion as to Title.
Date: February8, 2007 -
Signahue
Name: Allan Goldman
Firm: Goldman, Spring, Kichler & Sanders LLP
40 Sheppard Avenue West
Suite 700
Toronto, Ontario
M2N 6K9
h-.%.11,.ve este b4,050V.Iidtors opinion sub, a A..
Telephone No.: (416) 225-9400
-117-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-00-2A A16
Busnu as Park SubdIVIslon Agreement
Coundl Date — March B, 2007
SCHEDULE'E"
ONTARIO LAND SURVEYOR'S CERTIFICATE AS TO
CONFORMITY OF LOTS AND BLOCKS
WITH ZONING BY-LAW
-118-
COUNCIL - MARCH 6, 2007
Joseph Rally-Penlak. B.Sc, P.Eng., D.L.S. Ross DCnBmader. ua.E., OL6.
Paul E6wdN, BSc, D.LS. Paul Madeira, C.E.T.
Geroge T. Bloph. ass., P.Eng., 0.1-S. Phllllp S^ U.S.. 9.C.LS. (NIP)
Youssel Wahba. use. C.LS.
Rad,- Boo ek L Edward
Surveying Ltd.
0n tart. Lend Sore. you
640 Chrlalea Rand, Soile 7, Woodburn , caloric. UL BAD www.r-peso 'Tali (41616]65800, Fax: (416) 695-5001
Tel: 1905) 364BBB1, Few. (BOB) 2W2099
FRONTAGE & AREA CERTIFICATE
Our File No.: 05-206
Regional File No.: 19T
I, C.P. Edward, an Ontario Land Slrrvayor of the City of Vaughan, hereby certify that the ..an
listed below have been compiled from a proposed Plan
of Subdivision of Part of Lot 20,
Concession 3, (Geographic
Township of Whitchurch), Town of Aurora, Regional Municipal of
York (Rady-Penmk & Edward
Surveying LW. drawing No. 0520685).
Area
Frontage by Municipal
Lot No.
(Son.. Metres)
Definition etre
1
8,000.00
100.16
2
8,004.15
89.01
3
8,000.76
98.57
4
8,000.59
90.14
5
8,021.65
90.00
6
0,192.99
90.00
7
8,210,30
90.OD
8
8,226.45
90.00
9
19,526.44
64.16
10
11,651.52
83.12
11
9,194.26
97.02
12
8,516.10
90.00
13
8,56821
90.00
14
9,475.21
90.00
Area
Block ..
(Souare Mourns)
15
6,095.85
64.71
16
7,461.55
78.DO
17
7,476.06
78.00
18
16,419.80
152.42
19
2,393.34
(Street Widening)
20
23.66
(0.30 Reserve)
21
6.90
(0.30 Reserve)
22
6.06
(0.30 Reserve)
23
6.90
(0.30 Reserve)
24
327
(0.30 Reserve)
25
3.27
(0.30 Reserve)
26
327
(0.30 Reserve)
27
3.27
(0.30 Reserve)
28
63,48
(0.30 Reserve)
29
34.53
(0.30 Reserve)
30
17.98
(0.30 Reserve)
Rady�Pentek & Edward Surveying Ltd
Frontage & Area CeItl[cate
Our File No.: 05-206
Page 2 of 2
Are.
Streets
(Souare Metres)
Don Hillock Drive
18,376.70
Goulding AvonucNorth
2,099.34
Goulding Avenue South
2,226.73
TOTAL
19.331 ha.
_� yy
-7-72007
C. P. Edward
Ontario Land Surveyor
-119-
COUNCIL - MARCH 6, 2007
Hellgrove Estates Inc. - D12-00-2A
Business Park Subdivislon Agreement
council Date —March 6, 2007
SCHEDULE "F"
A17
LANDS, EASEMENTS AND RESERVES TO BE CONVEYED BY OWNER
Description
TVDe,
purpose
TO THE TOWN
a)
Part of Lot 11
Easement
Temporary Turning Circle
Parts 20 and 21
Draft Reference Plan 05-206
b)
Block 18
Conveyance
Stormwater Management
Pond
c)
Blocks 21, 22, 23, 24,
Conveyance
0.3m Reserve
25, 26 and 27
d)
Part of Lots 1, 2, 8 and 10
Easement
Storm Sewer
Parts 3, 4, 12 and 16
Draft Reference Plan 05-206
TO THE REGIONAL MUNICIPALITY OF YORK
a)
Block 19
Conveyance
Road Widening
b)
Blocks 20 and 29
Conveyance
0.3m Reserve
TO THE ONTARIO MINISTRY OF TRANSPORTATION
a)
Block 28
Conveyance
0.3 m Reserve
-120-
COUNCIL - MARCH 6, 2007
Hallgmve Estates Inc. - 012-00-2A A18
Business Park Subdivision Agreement
Council Date— March 6, 2007
SCHEDULE"G"
LANDS TO BE DEDICATED
AS PUBLIC WALKWAYS AND PUBLIC HIGHWAYS
Part One;
Walkways to be dedicated to the Town on Schedule "A" hereto annexed, as Public
Walkways:
Not Applicable
Part Two:
Streets to be dedicated to the Town on Schedule "A" hereto annexed, as Public
Highways:
Don Hillock Drive
Goulding Avenue
Part Three:
Road Widenings, to be dedicated to the Region of York on Schedule "A" hereto
annexed, as Public Highways:
Not Applicable - -
Part Four:
0.3 metre Reserves to be established as public highways by the Town on adjoining
lands:
Not Applicable
-121-
COUNCIL - MARCH 6, 2007
Hallgrom Estates Inc-DIMMA
Business Park Subd"! Ion Agreement
Council Dale —March 6, 2007
SCHEDULE "H"
LOTS AND BLOCKS SUBJECT TO SPECIAL CONDITIONS
A19
1) Lots/Blocks subject to Site Plan Approval in accordance with Section 8.02:
Lots 1 to 17 according to Schedule 'A' hereto annexed
2) Lots/Blocks subject to Landscape Urban Design Features, Maintenance and Liability in
accordance with Schedule "C", Section 5.04 and 5.07:
Lots 1, 9 and 10 according to Schedule'A' hereto annexed
3) Lots/Blocks subject to Consolidation with Other Lands in accordance with Schedule "C",
Section 2.01:
Lots 15, 16 and 17 according to Schedule 'A' hereto annexed
4) Lots/Blocks subject to Temporary Turning Circle Agreement and Easement in
accordance with Section 3.35 and Schedule "C", Sections 1.12 and 4.02 and Schedule
"F".
Lot 11 according to Schedule 'A' hereto annexed
5) Lots/Blocks subject to Landscape Urban Design Features, Maintenance and Liability in
accordance with Schedule "C", Section 5.04 and 5,07:
Lots 1, 9 and 10 according to Schedule 'A' hereto annexed
-122-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-00-ZA
Business Park Subdivislar Agreement
Council Date— March 6, 2007
2)
SCHEDULE "I'
SCHEDULE OF CONSTRUCTION DATES OF PUBLIC WORKS,
ESTIMATED COSTS OF CONSTRUCTION,
LIST OF PLANS AND SPECIFICATIONS
Schedule of Construction Dates of Public Works
A20
The Owner agrees to complete all Works set out herein, with the exception of the
Secondary Road Construction Included in, c), within 36 months of the date of registration
ofthe Plan.
Summary of Estimated Costs of Construction of Public Works
a)
b)
a)
d)
e)
f)
g)
h)
Site Preparation and Earth Works
Primary Road Construction
Secondary Road Construction
Sanitary Sewer and Appurtenances
Storm Sewer and Appurtenances
Watermain and Appurtenances
Streetlighting
Stormwater Management Facility (Interim)
SUB -TOTAL
Contingencies/Engineering Fees (15%)
TOTAL
TOTAL ROUNDED
3) Detailed Plans and Specification for the Installation of Services
$80416.00
$546,808.42
$377,979.89
$272,154.04
$927,029.89
$302,727.15
$154,450.00
$395,438.07
$3,057,003.46
$458 550.52
53.515.553.98
$3.515.554.00
The Plans prepared by Schaeffers Consulting Engineers for the Hallgrove Estates
Business Park Subdivision shall form part of this Schedule and are listed as follows:
Dw . No.
Drawing Descri tion
Date
I.
GN-1
General Notes
Sept,, 2006
2.
GP-1.
General Plan — Part I
Feb, 2007
3.
GP-2
General Plan — Part U
-
Jan., 2007
4.
TA-1
Storm Tributary Areas — Part I
-
Feb,, 2007
5.
TA-2
Storm Tributary Areas — Part II
Sept,, 2006
6.
TA-3
Sanitary Tributary Areas —PartI
Feb, 2007
7.
TA-4
Sanitary Tributary Areas — Part II
Sept, 2006
8.
TA-5
I Sanitary Tributary Areas — Part III
Sept,2006
9.
TA-6
Sanitary Tributary Areas — Part IV
Sept., 2006
10.
GR-1
Grading Plan— Part I
Feb., 2007
11.
GR-2
Grading Plan —Part II
Jan., 2007
12.
GR-3
Grading Plan — Part III
Sept., 2006
13.
GR-4
Grading Plan — Part IV
Jan., 2007
14.
GR-5
Grading Plan — Part V
Sept., 2006
15.
GR-6
Grading Plan —Part VI
Jan., 2007
16.
PP-1
Plan and Profile — Constable Blvd.
Sta. 0+210.000
Sts. 0+000.000 to
Feb., 2007
17.
PP-2
Plan and Profile — Constable Blvd.
Sta. 0+440.000
Ste. 0+210.000 to
Jan., 2007
18.
PP-3
Plan and Profile — Constable Blvd.
Sta. 0+660.000
Sta. 0+440.000 to
Jan., 2007
19.
PP-4
Plan and Profile — Constable Blvd.
Ste. 0+893.856
Sta. 0+660.000 to
Jan., 2007
-123-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-004A
Business Perk Subdivision Agreement
Coancll Date — Memh 6, 2007
A21
20. PP-5
Plan and Profile - Major Ave. Sta. 0+000.000 to Sta.
0+206.784
Jan, 2007
21. PP-6
Plan and Profile - Storm Sewer Easements between
Lots 1-2 & 9-10
Feb., 2007
22. PP-7
Plan and Profile - Temporary Storm Sewer Easement
on Lot 8
Jan., 2007
23. RW-1
Plan and Profile -Leslie Street
Jan., 2007
24. RW-2
Pavement Markin Plan -Leslie Street
Feb.,, 2007
25. PM-1
Pavement Markin Plan - Part I
Jab, 2007
26. PM-2
Pavement Markin Plan -PartN
Jan., 2007
27. PM-3
Pavement Markin Plan -Part III
Sept., 2007
28. UT-1
Utility Coordination Plan-PartI
Jan. 2007
29. UT-2
Utility Coordination Plan- Part II
Jan., 2007
30. UT-3
Utility Coordination Plan -Part III
Jan., 2007
31, SWM-1
Interim Stormwater Management Pond
Feb. 2-007
32. SWM-2
Interim Sections 1-1 to 2-2
Sept., 2006
33. SWM-3
Interim Sections 3-3 to 4-4
Jan., 2007
34. SWM-4
Interim Sections 5-5 to 6-6
Jan., 2007
35. SWM-5
Interim Sections 7-7 to 8-8
Sept., 2006
36. SWM-6
Interim Control Flow Structure
Jul., 2006
37. SEC-1
Sections of Leslie Street from Section 1-1 to 6-6
Sept., 2006
38. SEC-2
Sections of Leslie Street from Section 7-7 to 12-12
Sept., 2006
39. SC-1
Siltation Control Plan
Feb., 2007
40. SC-2
Siltation Control Plan Pond I and Pond 2
Jan., 2007
41. DT-I
Road Cross -Sections and Details
Jan., 2007
Enoineerina Reports:
1. Functional Servicing Report, Hallgrove Estates, Town of Aurora, March 2003,
Revised May 2004, Revised September 2004 - Including the Updated SWM
Pond Design submitted to Ms. Jennifer Payne, LSRCA, dated January 24, 2005
2. Stormwater Management Report, Hallgrove Estate, Town of Aurora, July 2006,
Schaeffers Consulting Engineers
3. Ottswmm & HGL Analysis Report, Hallgrove Estate Development, Town of
Aurora, October 2006, Schaeffers Consulting Engineers
4. Water Supply Servicing Brief, dated July 27, 2006, Schaeffers Consulting
Engineers
5. Internal Traffic Study, Addendum report, Hallgrove Estate Inc., Town of Aurora,
May 2005, Entra Consultants - Including Letter from Entra Consultants to Mr. B.
Jefferson, dated March 8, 2006
6. Urban Design Guidelines, Hallgrove Industrial Park, Town of Aurora, August 16,
2006, NAK STLA Inc. / The Planning Partnership
7. Environmental Site Assessment, Phase I, Hallgrove Estates, Town of Aurora,
December2003, Soil-Eng Limited
B. Soil Investigation for Proposed Industrial Development, Hallgrove Estates, Town
of Aurora, November 205, Soil Engineers Ltd.
9. Soil Investigation for Proposed Leslie Street Reconstruction, Leslie Street and
Constable Boulevard, Hallgrove Estates Inc., July 2006, Soil Engineers Ltd.
-124-
COUNCIL - MARCH 6, 2007
Hallgmve Estates Inc. - D12-00-2A A22
Business Pars Subdivision Agreement
Council Date— March 6, 2007
10. Environmental Impact Study, Hallgrove Estates Inc, Final Report, October 2004,
Dillon Consulting Ltd.
11. Environmental Impact Satement, Lands Within the East Holland River Recharge
ESA, September 2004, Dillion Consulting Limited
12. Hydrogeological Assessment, Hallgrove Estates Inc., Final Report, April 2004,
Dillon Consulting Limited
13. Stage 1-2 Archaeological Assessment of Hallgrove Estates Inc. & Stage 3
Archeological Assessment of: The Edmonson: BaGu-95, June 2003
Archeoworks Inc.
-125-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-00-2A A23
Business Park Subdivision Agreement
Council Date— March 6, 2007
SCHEDULE "J"
SCHEDULE OF LANDSCAPE PLANS, CONSTRUCTION DATES, AND
ESTIMATE OF COSTS OF LANDSCAPE WORKS
1) Schedule of Landscape Plans:
The Owner agrees that the Landscape Plans for Hallgrove Estates Business Park
Subdivision, prepared by NAK Design Group as listed below shall form a part of this
Agreement.
Drawing Nos.:
Description:
ST-1
Streetscape
ST-2
Streetscape
ST-3
Streetscape
SWM-1
SWM Pond — Block 18 (Interim Pond)
D1
Planting Details
D2
Planting and Construction Detail
D3
Construction Details
D4
Standard Road Sections
The Owner agrees to carry out the works required on the above Plans and provide
Securities for the full estimated cost of construction and maintenance of the works as
Itemized below, in accordance with Sections 7, 9.04 and 9.09 of this Agreement.
2) List of Construction Dates for Landscape Works:
a) The Owner agrees to construct tree preservation fencing prior to any construction
activity on the lands including demolition, topsoil removal and grading.
b) The Owner agrees to construct all SWM facility Landscape Works including the
1.5m height chain link fencing for the SWM facility (Block IS on Schedule "A") in
accordance with the timing indicated in Schedule "C" Section 1.02 (2) and 1.03.
c) The Owner agrees to implement all other Landscape Works as Itemized below
within eighteen (18) months of registration of the Agreement.
3) Summary of Estimated Costs of Construction of Landscape Works:
a) Storm Water Management Pond:
i) 300mm depth Topsoil, Finish Grading and Seeding
$ 33,000.00
il) Planting of Deciduous & Coniferous Trees
$ 45,045.00
iii) Planting of Shrubs, Perennials & Grasses
$ 12,280.00
IV) Planting of Aquatics
$ 4,100.00
v) 1.5m high Black Vinyl Chain Link Fence
$ 4,500.00
VI) SWM Pond Warning Signs (4)
$ 400.00
vii) Landscape Maintenance
$ 2,000.00
b) Boulevards:
i) Boulevard Grass Maintenance
$ 1.500.00
11) Street Tree Installations & Maintenance - See Schedule
$ nil
"C" 5.05 2) & Schedule "K"
c) Centre Median - Don Hillock Drive at Leslie Street
1) Unit Paving
$ 1,500.00
d) Entry Feature — Don Hillock Drive at Leslie Street
i) Masonry Structure
$ 35,000.00
ii) Plant Material Installation
$ 6,225.00
iii) Landscape Maintenance
$ 500.00
e) Northern Boundary Buffer
1) Plant Material Installation
$ 6,975.00
ii) Landscape Maintenance
$ 750.00
f) 404 Buffer
i) Plant Material Installation
$ 18,060.00
11) Landscape Maintenance
$ 1,000.00
TOTAL
$172,825.00
g) Construction Lien ActAmount (10% of Total)
$ 17,282.50
-126-
COUNCIL - MARCH 6, 2007
Hailgrave Estates Inc. - D12-00.2A A24
Business Perk Subdivision Agreement
Dounoll Date— March 6, 2007
SCHEDULE "K"
FINANCIAL PAYMENTS AND OTHER COSTS
1. FEES
AMOUNT
a)
Administration Fee
$ 3,600.00
By-law 4763-06F, Section 9
b)
Engineering Fee -Total (4% of $3,515,554.00)
$ 140.622.16
-
(Less Amount Prepaid of $32,244.77)
($ 32.244.77)
Total to be paid upon execution of this Agreement
$ 108,377.39
c)
Landscaping Fee (4% of $172,825.00)
$ 6,913.00
d)
Tax Arrears to Balance - Current Realty Taxes to Date
$ 0.00
(Vacant Land only, NOT including supplementary taxes,
Of
2. OTHER
a) Cash -in -Lieu of Parkland To be Determined
(Payable prior to issuance of building permits)
b) Development Charge Portion To be Determined
(Roads, Water and Sanitary Sewer)
(Payable prior to Issuance of building permits)
c) Street Trees & Maintenance $75,075.00
Refer to Schedule C, section 5.05
on
-127-
COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - 1)12-00-2A
Business Park Subdivision Agreement
Council Date - March 6, 2007
SCHEDULE "L"
LIST OF SECURITIES TO BE POSTED
1. On Execution of the Agreement:
A. Municipal Servicing Matters:
A25
1) Servicing Securities:
(See Schedule "I", Section 2) for Summary Costs) $ 3,515,554.00
50% of Schedule "I", Section 2) $ 1,757,777.00
11) Landscape Securities $172,825,00
(100% of Schedule "J", section 3)
t I c De securea oy one -servicing' letter or credit)
B. Construction Lien Act Matters:
1) 10% of Section 2 on Schedule "I"
$ 351,555.40
11) 10% of Section 3 on Schedule "J"
$ 17,282.50
SUBTOTAL:
$368,837.90
(To be secured by one "CLA" letter of credit
C. Turning Circle Agreement:
1) Securities as per Schedule "0"
$60,000.DD
SUBTOTAL:
$60,000.00
(To be secured by letter of credit)
-128-
COUNCIL - MARCH 6, 2007
Hallgmve Estates Inc. - D12-00-M A26
Business Park Subdivision Agreement
Council Date —March 9, 2007
SCHEDULE"M"
WORKS NOT ASSUMED BY THE TOWN
The following works are not to be assumed by the Town of Aurora unless they are situated on
publicly owned lands:
1. Fencing and Acoustic Barriers
2. Overall Grading
3. Rough Lot Grading
4. Fine Grading, Topsoil and Sod on Lots/Blocks
5. Driveways
5. Retaining Walls
6. Landscape buffer plantings, fencing and entry features/structures
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COUNCIL - MARCH 6, 2007
Hellgrove Estates Inc. - D12A04A A27
Business Park Subdivision Agreement
Councll Date — March 6, 2007
SCHEDULE"N"
CONSOLIDATION: NOTICE TO PURCHASERS -
OFFERS OF PURCHASE AND SALE AGREEMENTS
The following is a compilation from the Agreement of notices and/or warning clauses to be
inserted within the Offers of Purchase and Sale Agreements for Residential Lots and/or Blocks,
and Commercial, Industrial and Institutional Blocks.
Notice to Purchasers:
1) In addition to the signs to be erected as per Section 3.30 of this Agreement, the Owner
agrees to erect and maintain signs at the ends of Don Hillock Drive and Goulding
Avenue, as follows:
"NOTICE: This street is Intended to be extended in the future, For further information,
please contact the Town of Aurora Planning and Development Services Department at
(905) 727-1375".
2) The Owner agrees that the warning clause hereunder shall be Included in each Offer of
Purchase and Sale for all Blocks according to Schedule "A" hereto annexed.
"NOTICE: Purchasers are advised that Don Hillock Drive and Goulding Avenue are
controlled by one or more parking restrictions which are necessary for the effective
management of traffic within the right of way. The Town shall not be responsible for any
inconvenience to the Purchaser, which may result from this restriction.
3) The Owner agrees that the warning clause hereunder shall be included In each Offer of
Purchase and Sale on Lots 10 and 11, according to Schedule "A" hereto annexed:
"Purchasers are advised that a temporary and/or permanent turning circle has been
constructed on a portion of Lot 11, and that a Temporary Turning Circle Agreement and
easement have been registered on title to Lot 11. Purchasers are further advised that
the turning circle will be removed should the road be extended to the south in the future."
4) The Owner agrees that the warning clause hereunder shall be Included In each offer of
Purchase and Sale on Lots 4, 5, 14 and 15, according to Schedule "A" hereto annexed:
"Purchasers are advised that this Lot abuts a road with a temporary dead end sign and
barricade and that the road may be extended in the future."
5) The Owner agrees that the following warning clause hereunder shall be included In each
Offer of Purchase and Sale Agreement for Blocks 15, 16 and 17 as shown on Schedule
"A" hereto annexed:
"Purchasers are advised that no Building Permits shall be issued for Blocks 15 to 17 until
such time as those lands are consolidated and combined with the adjacent lands to the
south to create one (1) building lot, which consolidation may require the registration of
certain legal documents to the satisfaction of the Town Solicitor.
6) The Owner agrees that the warning clause hereunder shall be included in each Offer of
Purchase and Sale on Lots 1, 9 & 10 according to Schedule "A" hereto annexed:
"Purchasers are advised that landscape works. Including buffer plantings, fencing -and
entry features/structures to the development, may be located on their Lot. Further,
Purchasers acknowledge receipt from the Owner of details of all landscape works to be
Installed on the property, including:
a) Location, design and materials;
b) The timing of the installation of the landscape works; and
c) That the specifications of the landscape works are in accordance with the
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COUNCIL - MARCH 6, 2007
Hallgrove Estates Inc. - D12-0(1-2A A28
Business Pa,k subdivision Agreement
Council Date —March 6, 2007
approved urban design guidelines and the approved subdivision
landscaping plans and that no alterations, additions or removals shall be
made to the landscape works without prior written approval of the Director
of Leisure Services for the Town of Aurora.'
"Purchasers are also advised that the landscape works will not be assumed or owned by
the Town and that all future maintenance and liability associated with the landscape
works shall be that of the registered owner(s) of Lots 1, 9 and 10 and not the Town of
Aurora."
7) The Owner agrees that the warning clauses hereunder shall be included in the Offer of
Purchase and Sale on Block 17, according to Schedule "A" hereto annexed:
a) "Purchasers are advised that the public open space and/or environmental
protection zones adjacent to their Block are intended for the purpose of
stonmwater control, the prime purpose of which Is water quality and quantity
control, and portions may be used as a public amenity area, The lands are to
remain as much as possible in their natural state. The Town of Aurora will not be
responsible for any Inconvenience or nuisance which may present itself as a
result of this natural preserve and reserves the right to alter or utilize the lands for
recreational purposes as deemed appropriate."
b) "Purchasers are advised that chain link fencing shall be Installed on the municipal
open space or stormwater management facility lands adjacent to their property.
Purchasers are further advised that fence gates and/or any other means of
access will not be permitted to access said municipal lands from the subject
Block."
8) The Owner agrees to include the following notice in any Offer of Purchase and Sale for
all lots and/or blocks within the Plan of Subdivision according to Schedule 'A' hereto
annexed:
"Purchaser(s) are advised that the development of the lands and building are
subject to site plan control and are to be developed in accordance with the
Haligrove Industrial Park Urban Design Guidelines, prepared by NAK STLA Inc. !
The Planning Partnership, dated August 16, 2006 or as amended."
"Purchaser(s) are advised that the owner of the lands may be required to retain
the "services of a qualified noise consultant to complete a Noise Study and
Functional Acoustic Report that assesses projected nuisances on adjacent lands
caused by noise or vibration generated from the proposed development as part
of the site plan approval process. The Study(s) shall demonstrate how the noise
and vibration levels can be made to comply with current Provincial standards and
Town of Aurora policies and the owner shall be required to implement the
recommendations and measures of the approved Study(s)."
"Purchasers are advised that an easement in favour of Powerstream Inc. along
the entire road frontage of the property has been registered against the title to
the lands.'
-131-
COUNCIL - MARCH 6, 2007
Heligrove Estates Inc. •D12-00-2A A29
Business Perk Subdivislan Agreement
Council Date— March 6, 2D07
SCHEDULE"O"
TEMPORARY TURNING CIRCLE AGREEMENT
-132-
COUNCIL - MARCH 6, 2007
THIS AGREEMENT made this 6" day of March, 2007.
BETWEEN
HALLGROVE ESTATES INC.
(hereinafter called the "Owner")
PARTY OF THE FIRST PART
and -
THE CORPORATION OF THE TOWN OF AURORA
(hereinafter called the'Town")
PARTY OF THE SECOND PART
WHEREAS the Owner is the registered owner of certain lands situate, lying and being in the Town
of Aurora, Regional Municipality of York, described as Part of Lot 20, Concession 3, designated as
Parts 1 and 2, Plan 65R-20060, Town of Aurora, Regional Municipality of York (formerly In the
geographic Township of Whitchurch) (hereinafter called the "Subdivision Lands");
AND WHEREAS the Owner has entered into a Subdivision Agreement with the Town for the
development of the Subdivision Lands according to Draft Plan D12-00-2A that was approved by the
Town on June 26, 2005 (hereinafter called the "Subdivision Agreement");
AND WHEREAS the provisions of the Subdivision Agreement with the Town require the Owner to
enter Into a Turning Circle Agreement for any temporarytuming circles required on the Subdivision
Lands;
AND WHEREAS a temporary turning circle is required to be constructed at the south end of the
proposed Don Hillock Drive on a portion of the Subdivision Lands described on Schedule "A"
attached hereto In ordertc be used as a public road unless and until the proposed Don Hillock Drive
is extended at any time in the future (hereinafter called the "Turning Circle Lands");
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual
covenants hereinafter expressed and other good and valuable consideration, the parties hereto
agree one with the other as follows:
1. The parties hereto agree that the lands affected by this Agreement are the Turning Circle
Lands.
2. The Town and the Owner hereby agree and acknowledge that the Owner shall grant an
easement for access purposes to the Town over the Turning Circle Lands for nominal
consideration and free of all encumbrances. The Town agrees to consent to a release of
said easement upon satisfaction bythe Town's Directorof Public Works (hereinafter called
the "Director') that all of the obligations set out in this Agreement have been satisfied. All
costs associated with the granting and release of said easement shall be borne solelybythe
Owner.
3. The Owner hereby agrees to construct a temporary turning circle at the southerly termination
of the proposed Don Hillock Drive, to the satisfaction of the Director, over the Tuming Circle
Lands within twelve (12) months of the date of registration of this Agreement.
4. Within twelve (12) months of the date of final approval and registration of a plan showing the
establishment of the extension of Don Hillock Drive In a southerly direction, either in its
present Draft Plan Approved configuration or some variation of the present design, the
Owner agrees to remove the temporary turning circle and construct the extension of the
proposed road allowance, being the southerly extension of Don Hillock Drive, to the
satisfaction of the Director, at the sole expense of the Owner.
5. Where the Owner fails to construct or remove the temporary turning circle in accordance
with the provisions herein or within the timeframe established herein, the Owner hereby
agrees to pay all of the Town's fees and expenses to design, construct, install, or remove
the turning circle, and for that purpose authorizes the Town to take all steps necessary or
advisable to design, construct, Install, and remove the turning circle, including retaining such
outside design professionals, consultants and contractors as may be necessary.
-133-
COUNCIL - MARCH 6, 2007
Page 2
6. Upon the execution of this Agreement by the Owner, in orderto secure the obligations ofthe
Owner hereunder, the Owner covenants and agrees to deliver to the Town a letterof credit
Issued by a Canadian chartered bank acceptable to the Treasurer of the Town on terms and
conditions and in a form satisfactory to the Town, in the principal amount of sixty thousand
dollars ($60,000.00) with provisions for partial draw downs.
7. If the Owner breaches any provision of this Agreement, the Town shall be entitled to draw
down from the letter of credit amounts necessary to perform the Owner's obligations
hereunder orto reimburse the Town's expenses as set out In paragraph 5 above, Including
legal expenses arising from such breach.
B. Upon substantial completion of the construction ofthe temporary turning circle and proposed
road allowance, the Town may, In Its sole discretion, permit the Owner to replace the initial
letter of credit with a subsequent letter of credit in a reduced amount. Such reduced amount
shall not be less than one hundred and twenty-five percent (125%) of the Town's total
estimate of the costs remaining at that time for total completion of the construction of the
temporarytuming circle and proposed road allowance, plus the amountof anymaintenance
and guarantee holdbacks retained by the Town in relation to any contracts for the
construction of the temporary turning circle and proposed road allowance.
9. Upon total completion of the construction of the temporary tuming circle and proposed road
allowance and the expiry of such maintenance and guarantee periods as the Town may
require of the contractors supplying the temporary turning circle and proposed road
allowance, the letter of credit or such portion thereof as shall then remain outstanding shall
be returned to the Owner for cancellation, provided the Owner Is not in breach of this
Agreement.
10. The parties acknowledge that the temporary turning circle and proposed road allowance are
being Installed as municipal roads. The Owner will indemnify and hold the Town harmless
from any claims whatsoever arising from the aspects of the design, construction and
maintenance of the temporary turning circle and proposed road allowance, as constructed
by the Owner, until the temporary turning circle and proposed road allowance are assumed
as municipal roads.
11. The Owner covenants that if the southerly extension of the proposed Don Hillock Drive has
not been extended within seven (7) years afterthe date of registration of this Agreement, the
Owner or its successors and assigns, shall convey the Turning Circle Lands to the Town for
nominal consideration, free of all encumbrances, for the purpose of dedicating said lands as
public highway.
12. Prior to the execution of this Agreement, the Owner will deliver to the Town evidence of
insurance in the form of a Certificate of Insurance, to the satisfaction of the Town, which
provides personal Injury and property damage coverage in an amount of not less than five
million dollars ($5,000,000.DO) for each occurrence that may arise in relation to the
obligations created in this Agreement and naming the Town as a named Insured and
containing a cross liability clause and non -cancellation clause, except on thirty (30) days
notice to the Town.
13. The Owner covenants and agrees to submit to the Town, upon execution of this Agreement,
the Town's Legal Administration Fee in the amount of One Thousand Two Hundred and
Thirty Dollars ($1,230.00) for the preparation of this Agreement, which includes GST. Any
and all further costs relating to the registration of this Agreement shall be bome solely by the
Owner.
14. Time shall be of the essence In this Agreement and each of its provisions.
15. The parties hereto agree to execute such other Instruments as may from time to time be
necessary or desirable to give effect to the provisions of this Agreement.
16. Any notice to be given or documentto be delivered to any party to this Agreement pursuant
to this Agreement shall be sufficient If delivered personally or sent by telephone electronic
facsimile ("Fax") or sent by prepaid registered mall to:
Owner at: HALLGROVE ESTATES INC.
6600 Dufferin Street
Vaughan, Ontario
L4K 5P5
-134-
COUNCIL - MARCH 6, 2007
Page 3
Attention: David Farrow
Fax. No.: 416-798-2159
Telephone: 416-798-1127
Town at: Town of Aurora,
1 Municipal Drive,
Aurora, Ontario
L4G 6A
Attention: Director of Public Works
(Fax: 841-7119)
Any written notice or deliveryof documents given In this mannershall be deemed to have
been given and received on the day of delivery, If delivered personally or faxed, or on the
second business day next following the day of mailing if sent by prepaid registered mall.
17. This Agreement sets forth the entire agreement between the parties hereto with respect to
the subject matter of this Agreement and supersedes all prior understandings and
communications among the parties hereto or any of them, oral or written, with respect to the
subject matter of this Agreement.
18. The parties hereto acknowledge that both parties have participated in the drafting of this
Agreement and its Schedules and that any rule of law providing that ambiguities shall be
construed agalnst the drafting party shall be of no force or effect.
19. This Agreement shall be binding upon successors and assigns of the parties hereto;
however, this Agreement may not be assigned without the consent of the other party hereto,
IN WITNESS WHEREOF the parties hereto have executed this Agreement by the hands of their
duly authorized signing officers in that regard.
HALLGROVE ESTATES INC.
Per.
Name: Mauro Baldassarra
Title: A.S.O.
(I have the authority to bind the Corpora6'on)
THE CORPORATION OF THE
TOWN OF AURORA
Per:
Name: Phyllis M. Morris
Title: Mayor
Name: Bob Panizza
Title: Town Clerk
-135-
COUNCIL - MARCH 6, 2007
SCHEDULE W
Legal Description of the Lands
Page 4
All and singularthose lands lying, situate and being composed of Part Lot 20, Concession 3, EYS,
Town of Aurora, Regional Municipality of York (formerly in the geographic Township of W hltchurch),
and further described as Part of Lot 11, Draft Plan of Subdivision D12-00-2A, and designated as
Parts 20 and 21 on a Draft Reference shown below.
COON
IL — MARCH 6, 2007
er' Own of'I 0, THE CORPORATION OF THE TOWN OFAURORA
d
y By-law Number 4895-07. C
BEING A BY-LAW to Confirm Actions by Council
Resulting From Meeting 07-07 on March 6 2007.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
THAT the actions of the Council at its meeting held on March 6, 2007 in respect
to each motion, resolution and other action passed and taken by the Council at
the said meeting is, except where prior approval of the Ontario Municipal Board is
required, hereby adopted ratified and confirmed.
2. THAT the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
READ A FIRST AND SECOND TIME THIS 6T" DAY OF MARCH, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 6T" DAY OF MARCH, 2007.
PHYLLIS M. MORRIS, MAYOR
B. PANIZZA, TOWN CLERK
—137—