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AGENDA - Council - 20071009COUNCIL AGENDA N0.07-24 TUESDAY, OCTOBER 9, 2007 COUNCIL CHAMBERS TOWN NALL PUBLIC RELEASE 05/10/07 AURORA TOWN OF AURORA COUNCIL MEETING AGENDA NO. ®7-24 Tuesday, October 9, 2007 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST 1/ APPROVAL OFAGENDA RECOMMENDED: THAT the agenda as circulated by the Corporate Services Department be approved. 111 OPEN FORUM IV APPROVAL OF MINUTES Council Minutes of September 25, 2007, Meeting 07-22; and pg. 3 Special Council - Public Planning Minutes of September 26, 2007, pg. 11 Meeting 07-23 RECOMMENDED: THAT the Council minutes from meeting 07-22 and Special Council - Public Planning minutes from meeting 07-23 be approved. Page 2 of 5 Council Meeting No. 07-24 Tuesday, October 9, 2007 V PRESENTATIONS M & M Meats to Present a Cheque to the Town of Aurora pg. 1 AMCTO Membership Service Recognition Awards pg. 2 VI PUBLIC SERVICE ANNOUNCEMENTS V11 DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION IX DELEGATIONS None X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Xl REGIONAL REPORT XIl NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Xlll READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4959-07.0 BEING A BY-LAW to appoint Municipal Auditor pg. B-1 (Grant Thornton LLP Chartered Accountants) 4960-07.0 BEING A BY-LAW to confirm actions by Council pg. B-2 resulting from the meeting of October 9, 2007 Council Meeting No. 07-24 Page 3 of 5 Tuesday, October 9, 2007 XIV CLOSED SESSION Legal and Personal Matters THAT Council convene into a Closed Session to consider a legal matter and personal matters. XV ADJOURNMENT Council Meeting No. 07-24 Tuesday, October 9, 2007 Page 4 of 5 1 2. 3. 4. AGENDA ITEMS Special General Committee Meeting Minutes No. 07-35 Monday, September 24, 2007 RECOMMENDED: pg. 13 THAT the minutes of the Special General Committee Meeting 07-35 be received and the recommendations contained therein be adopted. Special General Committee Meeting Minutes No. 07-36 pg. 18 Monday, October 1, 2007 RECOMMENDED: THAT the minutes of the Special General Committee Meeting 07-36 be received and the recommendations contained therein be adopted. Special General Committee Meeting Minutes No. 07-37 pg. 20 Tuesday, October 2, 2007 RECOMMENDED: THAT the minutes of the Special General Committee Meeting 07-37 be received and the recommendations contained therein be adopted. General Committee Meeting Minutes No. 07-38 pg. 22 Tuesday, October 2, 2007 RECOMMENDED: THAT the minutes of the General Committee Meeting 07-38 be received and the recommendations contained therein be adopted. Council Meeting No. 07-24 Tuesday, October 9, 2007 Page 5 of 5 5. Resolution from Councillor McRoberts pg. 27 Re: Amendment to the Procedural By-law Council and General Committee Meeting End -time RECOMMENDED: WHEREAS the current Rules of Procedure state "No item of business shall be considered at a meeting of the Council after 10:30 p.m. local time unless a majority of the Members present enact a resolution to extend the hour"; and The current Rules of Procedure also state "If Council is still in session at the hour of midnight local time, it shall be adjourned unless a two-thirds majority of Council concur in the extension"; and Many of our Council and General Committee meetings go beyond midnight; and The majority of councillors have full-time jobs in addition to their part-time councillor positions; and Meeting for more than 4 hours has proven to lead to overtiredness; and It is important to carry on the business of the corporation while one is as fresh and alert as possible, including both councillors and senior staff. NOW, THEREFORE BE IT RESOLVED THAT the Procedural By -Law be amended to reflect that "If Council (or General Committee) is still in session at the hour of 11:00 p.m. local time, it shall be adjourned unless a two-thirds majority of Council (or General Committee) concur in the extension." 6. Resolution from the Town of Newmarket pg. 28 Re: Community Services Report - PWE 2007-69 Watertight - Expert Panel Report on Reports on the Delivery of Water & Wastewater Strategy RECOMMENDED: THAT the Correspondence from the Town of Newmarket be received for information. COUNCIL — OCTOBER 9, 2007 Presentation"(a) Council Presentation Request Good Afternoon, Greg Foster owner of M&M Meat Shops would like to present a cheque to the Town for $2000 as our proceeds from our fundraising initiative with the summer Concert in the Park's series at the Tuesday October 23rd council meeting. Can you please let me know what time Greg should be there and any other pertinent ideas I need to relay to him? I look forward to your response. Cheers, Shelley Shelley Ware Special Events Coordinator Town ofAurora 1 Municipal Drive, Box 1000 Aurora, Ontario L4G 6J1 Phone 905-726-4762 —1— COUNC � BER 9, 2007 AURORA yocam is& Good C"Wpan Presentation (b) MEMORANDUM I Office of the Mayor Date: October 1, 2007 To: Members of Council From: Mayor Phyllis Morris Re: AMCTO Membership Service Recognition Please be advised that I will be presenting certificates at the October 9, 2007 meeting of Town Council to recognize the following staffs longstanding commitment to the Association of Municipal Managers, Clerks and Treasures of Ontario and to the municipal profession: • Robert Panizza AMCT 30 year award • Paul D. Dillman AMCT 20 year award This is a significant accomplishment for Bob and Paul and demonstrates their ongoing support for the Association and the part they continue to play in helping to improve the municipal profession and in fostering and sustaining municipal excellence. Please join me in congratulating Bob and Paul on this achievement. Sincerely, Mayor Phyllis Morris -2- COUNCIL - OCTOBER 9, 2007 AURORA TOWN OF AURORA COUNCIL MEETING MINUTES NO. 07-22 Council Chambers Aurora Town Hall Tuesday, September 25, 2007 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Gaertner, Granger, MacEachern, Marsh, McRoberts and Wilson. MEMBERS ABSENT Councillor Collins-Mrakas was absent OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Leisure Services, Director of Planning, Acting Director of Public Works, Deputy 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 McRoberts declared a pecuniary interest in the comments under Open Forum pertaining to the northeast quadrant traffic calming study, by virtue of his residence being in the affected area, and did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. 11 APPROVAL OFAGENDA Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: Presentation from the Acting Director of Public Works to honour Mr. Brad Schonauer, Roads and Traffic Supervisor, in Recognition of 30 Years of Dedicated Service to the Town of Aurora Delegations from the following residents regarding the re -grading of Knowles Crescent: • Ms Sheila Finlay, 21 Knowles Crescent • Ms Betty Gesbar, 2 Knowles Crescent • Ms Jill Di Bartolomeo and Mr. Orlando Di Bartomolomeo, 20 Knowles Crescent • Ms Dorothy Pawlaczek and Mr. Roman Pawlwczek, 24 Knowles Crescent • Ms Julie Freeman and Mr. Bill Freeman, 25 Knowles Crescent • Ms Flo Smyth and Mr. Smyth, 27 Knowles Crescent • Ms Sonia Danabie and Mr. Brian Danabie, Knowles Crescent Item 8 - Correspondence from the Acting Director of Public Works Re: "Landscaping" on Vandorf Sideroad CARRIED -3- COUNCIL - OCTOBER 9, 2007 Council Meeting No. 07-22 Page 2 of 8 Tuesday, September 25, 2007 111 OPEN FORUM Mr. John Sergeant addressed Council to express his concerns regarding the recent designation of Centre Street as a one-way street, suggesting that this measure will further aggravate the ongoing issue of traffic congestion at the intersection of Yonge Street and Wellington Street. IV ADOPTION OF MINUTES Council Minutes of September 11, 2007, Meeting 07-21 Moved by Councillor Marsh Seconded by Councillor MacEachern THAT the Council minutes from meeting 07-21 be approved. CARRIED V PRESENTATIONS Acting Director of Public Works Honouring Mr. Brad Schonauer, Roads and Traffic Supervisor, in Recognition of 30 Years of Dedicated Service to the Town of Aurora. Mr. David Atkins, Acting Director of Public Works, addressed Council to express, on behalf of the Corporation, his appreciation and commendation to Mr. Brad Schonauer, Roads and Traffic Supervisor, for his tireless dedication and exceptional service with the Town of Aurora for 30 years. Mr. Atkins congratulated Mr. Schonauer and was joined by Mayor Morris in presenting Mr. Schonauer with an original painting of the Old Aurora Town Hall, situated on Yonge Street, and Mr. Atkins advised that the plaque reads "Brad Schonauer's Business Block for 30 years'. Mr. Schonauer accepted the painting and thanked the staff, Mayor and Members of Council. VI PUBLIC SERVICE ANNOUNCEMENTS Mayor Morris advised that Councillors Marsh and McRoberts accompanied her at the grand opening celebration for Ada Johnson Park on the east side of Aurora earlier this evening. Mayor Morris advised that the park was dedicated to Ms Johnson who has turned 104 years old this year and has been a resident of Aurora for over 100 years. Councillor McRoberts advised that the Aurora Seniors' Centre is putting on a performance of the "Barber of Seville" on Thursday, October 4, 2007 at 2:00 p.m. Councillor Granger advised that the Aurora Farmers' Market's first Apple & Honey Festival on Saturday, September 22, 2007, was extremely successful and he announced the winners of the Apple Pie and Apple Crumble baking contest. He also thanked the staff and volunteers who participated and assisted with the events of that day. Councillor Granger thanked the Mayor and Members of Council for their support of the Farmers' Market as well. Mayor Morris advised that she attended the Aurora Tigers Jr. A Hockey Team's home opener, on Friday September 21, 2007, against the Newmarket Hurricanes. Mayor Morris encouraged everyone to come out to support the Tigers and enjoy some top quality hockey games. -4- COUNCIL - OCTOBER 9, 2007 Council Meeting No. 07-22 Page 3 of 8 Tuesday, September 25, 2007 VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3, 4, 5, 7 and 8 were identified for discussion. Vill ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor McRoberts Seconded by Councillor Granger 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: Special General Committee Meeting Minutes No. 07.33 Monday, September 17, 2007 THAT the minutes of the Special General Committee Meeting 07-33 be received and the recommendations contained therein be adopted. 2. General Committee Meeting Minutes No. 07-34 Tuesday, September 18, 2007 THAT the minutes of the General Committee Meeting 07-34 be received and the recommendations contained therein be adopted. 6. Memorandum from the Director of Corporate Services Re: Application for a COMRIF Grant - Asset Management THAT the Mayor and Town Clerk be authorized to execute the agreement between the Town of Aurora and Her Majesty the Queen in right of Ontario for the COMRIF Asset Management Program (AMP) project. CARRIED IX DELEGATIONS (a) Ms Elaine Adam, Referendum Resource Officer Re: Ontario Referendum on Electoral Reform Ms Elaine Adam, Referendum Resource Officer for the Aurora/Newmarket electoral district, addressed Council to provide information and explain the Ontario Referendum on Electoral Reform. Ms Adam outlined the current electoral system, First -Past -the -Post, which has been in place since 1792, in which the candidate with the most votes wins and will be the representative for the electoral district in the provincial legislature and after the election, the political party that wins the most electoral districts is normally asked to form a government. Ms Adam also explained the alternative electoral system proposed by the Citizens' Assembly, Mixed Member Proportional, which combines two voting systems: a First -Past - the -Post system and a Proportional Representation system in which Ontarians will have two votes in future elections: one for a 'Local Member' and one for a political party. Ms Adam encouraged the public to become familiar with this issue and she provided the following information sources: • Dedicated voter inquiry line: 1-888-ONT-VOTE • Dedicated referendum resource website: www.yourbigdecision.ca • Dedicated information email: info(0yourbigdecision.ca Moved by CouncillorMacEachern Seconded by Councillor Granger THAT the comments of the delegate be received for information. CARRIED -5- COUNCIL - OCTOBER 9, 2007 Council Meeting No. 07-22 Tuesday, September25, 2007 Page 4 of 8 (b) Ms Gayle Wood, Chief Administrative Officer for the Lake Simcoe Region Conservation Authority Re: East Holland River Restoration Plan Ms Gayle Wood, Chief Administrative Officer for the Lake Simcoe Region Conservation Authority provided an update on the East Holland River Restoration Plan. Ms Wood advised that the goal of the Lake Simcoe Region Conservation Authority, through this plan, involves improving the health and quality of the East Holland River sub watershed, greening and preservation of the watershed through education programs and community involvement. Ms Wood explained that this campaign for success is costly and she requested that the Town of Aurora consider partnering with many other regions and municipalities to assist with this program. Ms Wood concluded by inviting the Mayor, members of Council and staff to attend the East Holland River Project launch on Friday, September 28, 2007. Moved by Councillor Buck Seconded by Councillor McRoberts THAT the comments of the delegate be received for information. CARRIED Moved by Councillor McEachern Seconded by Councillor Gaertner THAT the East Holland River Restoration Plan be approved in principle and referred to staff for a report. CARRIED (c) Mr. Greg Baxter from the Municipal Property Assessment Corporation (MPAC) Re: Impact of Large Homes in Neighbourhoods Mr. Greg Baxter of the Municipal Property Assessment Corporation (MP.AC), provided a detailed review of the impact and effect of "monster" homes in different types of areas within the municipality using benchmark comparisons and appraisal methods and standards. Moved by Councillor Wilson Seconded by Councillor Gaertner THAT the comments of the delegate be received for information. CARRIED DELEGATIONS d) toj) -Added Items Re: Items 4 and 5 - Regarding the Re -grading of Knowles Crescent Ms Jill Di Bartolomeo of 20 Knowles Crescent advised Council that she was speaking on behalf of the added delegates as listed in the ADDED ITEMS Section of this meeting. Ms Di Bartolomeo advised Council of the outstanding concerns and issues which have arisen from the reconstruction of Knowles Crescent pertaining to the increase of slope to the driveways of various homes on this street. Ms DI Bartolomeo outlined a number of concerns on behalf of the affected residents. COUNCIL — OCTOBER 9, 2007 Council Meeting No. 07-22 Page 5 of 8 - Tuesday, September 25, 2007 Moved by Councillor Wilson Seconded by Councillor Gaertner THAT the comments of the delegate be received for information and referred to items 4 and 5. CARRIED Moved by Councillor MacEachern Seconded by Councillor Wilson THAT items 4 and 5 be brought forward for consideration at this time. CARRIED 4. Update Regarding Knowles Crescent (Deferred from General Committee meeting of September 18, 2007) Moved by CouncillorMacEachern Seconded by Councillor McRoberts THAT the update regarding Knowles Crescent be received for information. CARRIED 5. PW07-036 - Issues Relating to Reconstruction of Knowles Crescent Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT staff and Mr. Peter Boxem of R.J. Burnside & Associates Limited, continue to work with the residents to determine and obtain an agreement on additional works required; and THAT staff and Mr. Boxem report to Council at such time as an agreement has been reached or if such agreement is unable to be reached; and THAT staff direct the contractor to continue with the project in order to resolve outstanding issues with the goal of completing the project within a reasonable time; and THAT staff and the consultant determine what portion of the additional costs should be absorbed by the contractor and what portion would be substantiated to ensure fairness, particularly the two properties listed in the Consultant's report that reflect a cost to repair at a level significantly higher than the other affected properties; and THAT staff report back to Council on the appropriateness of the calculation method used; and THAT Council authorize additional funding from the Municipal Capital Reserve Fund to a maximum of $65,000; and THAT, should an emergency meeting be required to address concerns surrounding this issue, such be called; and THAT staff review the project process to determine what changes, if any, should be implemented to eliminate the possibility of similar situations from arising in the future; and THAT staff investigate whether the Town can recover any of the additional costs. CARRIED Council recessed from 9:55 p.m. to 10:00 p.m._ —7— COUNCIL - OCTOBER 9, 2007 Council Meeting No. 07-22 Page 6 of 8 Tuesday, September 25, 2007 X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. Memorandum from the Chief Administrative Officer Re: Scheduling of Special General Committee Meetings (Deferred from General Committee meeting of September 18, 2007) Moved by Councillor Buck Seconded by Councillor McRoberts THAT a training session on the Planning Process Review, be held on Wednesday, September 26, 2007 at 5:30 p.m. CARRIED Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the hour be extended to 11:00 p.m. CARRIED Moved by Councillor MacEachern Seconded by Councillor Buck THAT a Special General Committee meeting be held on Monday, October 1, 2007 at 7:00 p.m. to consider future uses of vacant Town owned buildings. CARRIED Moved by Councillor Buck Seconded by Councillor Wilson THAT a training session on the Infrastructure Allocation Review, be held on Tuesday, October 2, 2007 at 5:30 p.m. CARRIED Moved by Councillor Buck Seconded by Councillor Wilson THAT a Special General Committee meeting be held on Friday, October 12, 2007 at 5:30 p.m. to consider Strategic Planning. CARRIED Moved by Councillor MacEachern Seconded by Councillor Buck THAT a Special General Committee meeting be held on Saturday, October 13, 2007 at 10:00 a.m. to address goals and priority setting. CARRIED 7. Memorandum from the Chief Administrative Officer Re: Donation of Naming Rights - Southiake Regional Health Centre Foundation Gala Moved by Councillor MacEachern Seconded by Councillor Buck THAT the Town of Aurora provide the opportunity to auction off the name of the parkette in the Brookvalley subdivision as part of the Southiake Regional Health Centre Foundation Gala. CARRIED COUNCIL - OCTOBER 9, 2007 Council Meeting No. 07.22 Tuesday, September25, 2007 Moved by Councillor Buck Page 7 of 8 Seconded by Councillor MacEachern THAT item 8 be brought forward for consideration at this time. CARRIED Moved by Councillor McRoberts Seconded by Councillor MacEachern THAT the hour be extended beyond 11:00 p.m. to address the remainder of the agenda. CARRIED 8. Correspondence from the Acting Director of Public Works Re: "Landscaping" on Vandorf Sideroad Added Item Moved by Councillor Marsh - Seconded by Councillor MacEachern THAT Council approve the proposed landscaping design for Vandorf Sideroad. CARRIED Xl REGIONAL REPORT Mayor Morris advised that the proposed thermal waste incineration facility has been approved by the Region of York and will be located in the Township of Clarington. Mayor Morris advised that she will make the information package for that issue available to all members of Council for their information. Xll NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor McRoberts requested that the CAD assign the Director of Finance to assist Cathy Malloy with the preparation of a Business Plan for the Aurora Heritage Centre. Councillor Marsh advised that she will not be attending the Special Council - Public Planning meeting on Wednesday, September 26, 2007 because she has a pecuniary interest in the application which is being considered at that meeting. Mayor Morris inquired about the delivery of green bins to multi unit dwellings. The Acting Director of Public Works responded by advising that the Town will supply enough bins to provide one bin for every unit or family within multi unit dwellings. Mayor Morris advised that she has received complaints about garbage not being picked up and confusion about waste collection days. The Acting Director of Public Works advised that the new waste calendar was distributed town -wide along with the delivery of the green bins, and that it is also available on the Town's website. Mayor Morris advised that she will be communicating with York Region in regard to the traffic congestion at the intersection of Yonge Street and Wellington Street. Mayor Morris advised that she will be requesting that the Region formally outline their past record of action for that intersection, a history of studies that have been tabled, a summary of all past proposals which were implemented as well as any suggested proposals that were never implemented and reasons why, and finally a summary of what the Region's plans are to work with Aurora to help alleviate COUNCIL - OCTOBER 9, 2007 Council Meeting No. 07-22 Tuesday, September 25, 2007 Page 8 of 8 the congestion and poor accident record, Mayor Morris advised that, once this information has been attained, she hopes to arrange for a public open house at the Town of Aurora, with representatives of York Region attending, in order to allow public input into the process. Mayor Morris advised of a PowerStream meeting at Gabriel's Cafe in Aurora on Friday September 28, 2007 at 8:00 a.m. with the Downtown merchants. Councillor Wilson expressed his concern that the new signage along Bathurst Street has traffic speed marked at 60 km per hour and he suggested that Mayor Morris encourage the Region to raise the speed back to where it was before. XIII READING OF BY-LAWS Moved by CouncillorMacEachern Seconded by Councillor Gaertner THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4956-07.D 4958-07.0 XIV CLOSED SESSION Personal Matters BEING A BY-LAW to establish highways on Plans 65M-3858, 3659, 3946 and 3971 (Preserve and Prato Subdivisions) BEING A BY-LAW to confirm actions by Council resulting from the meeting of September 25, 2007. CARRIED Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the Closed Session personal matter regarding staff recruitment be deferred to the October 2, 2007 General Committee Meeting. CARRIED XV ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 11:30 p.m. CARRIED -10- COUNCIL - OCTOBER 9, 2007 Aui oRA TOWN OF AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING MINUTES NO, 07-23 Council Chambers Aurora Town Hall Wednesday, September 26, 2007 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillors Collins-Mrakas and Marsh were absent. OTHER ATTENDEES Director of Planning, Administrative Co-ordinatorl Deputy Clerk and Council/Committee Secretary The Mayor called the meeting to order at 7:10 p.m. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. If APPROVAL OFAGENDA Moved by Councillor MacEachern Seconded by Councillor Granger THAT the agenda as circulated by the Corporate Services Department, with the following addition, be approved: Correspondence from Daniels LR Corporation Re: Victor Priestly/Claretree Developments 105 Inc. CARRIED III PLANNING APPLICATIONS PL07-112 — Applications to Amend Zoning By-law and Draft Plan Approval of Proposed Plan of Subdivision Victor Priestly/Claretree Developments 1051nc. Part of Lot 25, Concession 2, E.Y.S. Files D14-17-06 and D12-03-06 Moved by Councillor Granger Seconded by Councillor Buck THAT, at the request of the applicant, this matter be deferred. CARRIED -71- COUNCIL - OCTOBER 9, 2007 Special Council = Public Planning Minutes No. 07.23 Page 2 Wednesday, September 26, 2007 IV READING OF BY-LAWS Moved by Councillor Buck Seconded by Councillor Granger THAT the following listed by-law be given 15' 2n° and 3`d readings, and enacted: 4968-07.0 BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Wednesday, September 26, 2007. CARRIED V ADJOURNMENT Moved by Councillor Buck THAT the meeting be adjourned at 7:14 p.m. CARRIED -12- COUNCIL - OCTOBER 9, 2007 1-----s� AuR_oRA TOWN OFAURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 07-35 Council Chambers Aurora Town Hall Monday, September 24, 2007 ATTENDANCE COMMITTEE MEMBERS Mayor Morris Councillor McRoberts in the Chair; Councillors, Gaertner, Granger, Marsh and, MacEachern MEMBERS ABSENT Councillors Buck, Collins-Mrakas and Wilson were absent. OTHER ATTENDEES Chief Administrative Officer, CEO of the Aurora Public Library, Director of Leisure Services, Director of Planning and Development and Administrative Co- ordinator/Deputy Clerk The Chair called the meeting to order at 7:10 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department with the following additional item be approved: Replacement Page 50 — Economic Development Staff - Our Most Valuable Resource CARRIED -13- COUNCIL - OCTOBER 9, 2007 Special General Committee Report No. 07-35 Page 2 of 5 Monday, September 24, 2007 111 CONSIDERATION OF ITEMS DEPARTMENTAL BUSINESS PLANS 1. Public Works Department General Committee recommends: THAT the Draft 2008 Department Business Plan for the Public Works Department be referred to the October 2, 2007 General Committee meeting. CARRIED 2. Aurora Public Library Board The CEO of the Aurora Public Library made a presentation to the General Committee with a brief overview of their draft business plan. General Committee recommends: THAT the Draft 2008 Business Plan for the Aurora Public Library Board be received for information purposes. CARRIED 3. Chief Administrative Officer The Chief Administrative Officer made a presentation to the General Committee with a brief overview of his draft business plan. General Committee recommends: THAT the following Chief Administrative Officer 2009 action item be moved to the 2008 action items: "5. . Preserve and maintain the heritage of Aurora's communities through promoting community programs and events' CARRIED General Committee recommends: THAT the Chief Administrative Officer ensure that the Community Heritage Planner, Economic Development Officer and Leisure Services - Department be involved in the community programs and events CARRIED -14- COUNCIL - OCTOBER 9, 2007 Special General Committee Report No. 07-35 Page 3 of 5 Monday, September 24, 2007 General Committee recommends: THAT the following Chief Administrative Officer 2010 action item be moved to the 2008 action items: "2. Review and update government program initiatives to revitalize private and public properties and buildings, including the downtown core." CARRIED General Committee recommends: THAT the Draft 2008 Department Business Plan for the Chief Administrative Officer, as amended, be received for information purposes. CARRIED General Committee recommends: THAT the Draft 2008 Department Business Plan for the Planning and Development Department be brought forward for consideration. CARRIED 8. Planning and Development Department The Director of Planning and Development made a presentation to the General Committee with a brief overview of their draft business plan. General Committee recommends: THAT the following Planning and Development 2009 action item be moved to the 2008 action items: "3. Undertake Secondary Plan for the Downtown, historic core that will include revitalization strategies, beautification initiatives, and cultural opportunities." CARRIED General Committee recommends: THAT the Draft 2008 Department Business Plan for the Planning and Development Department be received for information purposes. CARRIED General Committee recommends: THAT the Draft 2008 Department Business Plan for the Leisure Services Department brought forward for consideration. CARRIED -15- COUNCIL - OCTOBER 9, 2007 Special General Committee Report No. 07-35 Page 4 of 5 Monday, September 24, 2007 7. Leisure Services Department The Director of Leisure Services made a presentation to the General Committee with a brief overview of their draft business plan. The Director was requested to provide the summary he prepared to the Members of Council. General Committee recommends: THAT the hour be extended to 11:00 p.m. CARRIED General Committee recommends: THAT the Draft 2008 Department Business Plan for the Leisure Services Department be received for Information purposes. General Committee considered the following amendment to the recommendation which was voted on and carried: THAT Leisure Facilities 2008 Action Step #1 be deleted and replaced with the following: 1.1. Review all Town owned facilities and proposed alternative uses to address Town needs. 2. Review the Culture and Recreation Master Plan." AMENDMENT CARRIED General Committee considered the following amendment to the recommendation which was voted on and carried: THAT the words "culture and" be deleted from all references to the Culture and Recreation Master Plan. AMENDMENT CARRIED General Committee considered the following amendment to the recommendation which was voted on and carried: THAT all organizational charts include the grade classification of each position. AMENDMENT CARRIED General Committee considered the following amendment to the recommendation which was voted on and carried: THAT the CAD provide a report that reflects any reclassification of employee levels that may have triggered any pay increase as of January 1, 2007. AMENDMENT CARRIED The main recommendation, as amended was CARRIED -16- COUNCIL - OCTOBER 9, 2007 Special General Committee Report No. 07-35 Page 5 of 5 Monday, September24, 2007 4. Communications and Marketing Division General Committee recommends: THAT the Draft 2008 Department Business Plan for the Communications and Marketing Division be referred to the October 2, 2007 General Committee meeting. CARRIED 5. Economic Development Division General Committee recommends: THAT the Draft 2008 Department Business Plan for the Economic Development Division be referred to the October 2, 2007 General Committee meeting. CARRIED 6. Legal Services Division General Committee recommends: THAT the Draft 2008 Department Business Plan for the Legal Services Division be referred to the October 2, 2007 General Committee meeting. CARRIED IV ADJOURNMENT The meeting adjourned at 10:57 p.m. THE REPORT OF THE GENERAL COMMITTEE MEETING 07-35 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, OCTOBER 9, 2007. -17- COUNCIL - OCTOBER 9, 2007 AUIZ®RA TOWN OFAURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 07-36 ATTENDANCE COMMITTEE MEMBERS MEMBERS ABSENT OTHER ATTENDEES Council Chambers Aurora Town Hail Tuesday, October 1, 2007 Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson Councillor Marsh was absent. Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Leisure Services Mayor Morris called the meeting to order at 7:05 p.m. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department be approved. CARRIED 111 DELEGATIONS Ms. Karen Berger addressed Committee to present a proposal for the lease of the Old Seniors Building, 52 Victoria St. in order to operate a private company called the Phenomenal Fitness, Wellness centre for all ages. General Committee recommends: That the presentation from Karen Berger be received for information. CARRIED am COUNCIL - OCTOBER 9, 2007 Special General Committee Report No. 07.36 Page 2 of 2 Monday, October 1, 2007 IV CONSIDERATION OFITEM REQUIRING SEPARATE DISCUSSION 1. LS07-040 — Future Uses of Vacant Town Owned Buildings General Committee recommends: THAT report LS07-040 be received and referred back to staff for additional information, as outlined by the Committee, and; THAT a new report be presented at a future Special General Committee meeting. CARRIED V ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 9:15 p.m. CARRIED THE REPORT OF THE SPECIAL GENERAL COMMITTEE MEETING 07-36 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, OCTOBER 9, 2007. -19- COUNCIL - OCTOBER 9, 2007 AGENDA ITEM # 3 AuRoxA TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING AUDIT COMMITTEE MINUTES NO. 07-37 Council Chambers Aurora Town Hall Tuesday, October 2, 2007 ATTENDANCE COMMITTEE MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Marsh was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Acting Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor, and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:07 p.m. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipat Conflict of Interest Act. II APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department be approved. ' CARRIED III CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION 1. FS07-045 —Appointment of Municipal Auditors General Committee recommends: THAT the Audit Committee recommends to Council the appointment of the firm of Grant Thornton as Municipal Auditor for a three year term; and THAT the appropriate by-law be prepared. CARRIED -20- COUNCIL - OCTOBER 9, 2007 Special General Committee Report No. 07-37 Page 2 of 2 Tuesday, October 2, 2007 IV ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 7:09 p.m. CARRIED THE REPORT OF THE SPECIAL GENERAL COMMITTEE MEETING 07-37 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, OCTOBER 9, 2007. -21- COUNCIL - OCTOBER 9, 2007 ITEM AURORA TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 07-38 Council Chambers Aurora Town Hall Tuesday, October 2, 2007 ATTENDANCE COMMITTEE MEMBERS Councillor Buck in the Chair; Mayor Morris, Councillors Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Marsh was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Acting Director of Public Works, Director of Financial Services/ Treasurer, Town Solicitor, and Council/Committee Secretary. Councillor Buck called the meeting to order at 7:10 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department be approved. CARRIED III ADOPTION OF PREVIOUS MINUTES Special General Committee Meeting Minutes, 07-33, September 17, 2007 General Committee Meeting Minutes, 07-34, September 18, 2007 General Committee recommends: THAT the Special General Committee Meeting minutes 07-33 and the General Committee Meeting minutes 07-34 be adopted. CARRIED -22- COUNCIL - OCTOBER 9, 2007 General Committee Report No. 07-38 Page 2 of 5 Tuesday, October 2, 2007 IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 5, 7, 8, 9, 10 and 11 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 1. AAC07-04 —Accessibility Advisory Committee Meeting, September 5, 2007 THAT the Accessibility Advisory Committee Meeting minutes from the September 5, 2007 meeting be received and the recommendations contained therein be adopted. 2. HAC07-05 — Heritage Advisory Committee Meeting, September 10, 2007 THAT the Heritage Advisory Committee Meeting minutes from the September 10, 2007 meeting be received and the recommendations contained therein be adopted. 3. TSAC07-05 —Traffic Safety Advisory Committee Meeting September 12, 2007 THAT the Traffic Safety Advisory Committee Meeting minutes from the September 12, 2007 meeting be received and the recommendations contained therein be adopted. 4. GA07-02 — Graffiti Abatement Ad Hoc Committee Meeting September 20, 2007 THAT the Graffiti Abatement Ad Hoc Committee Meeting minutes from the September 20, 2007 meeting be received and the recommendations contained therein be adopted. 6. PL07.114— Terms of Reference to Implement Zoning By-law Revisions THAT the Terms of Reference for the Zoning By-law updates be approved pertaining to: • Phase One: Commercial/Industrial policies and Heritage Conservation District policies • Phase Two: Overall Zoning By-law update; and THAT a request for proposals (RFP) process be initiated; and THAT Town staff be authorized to proceed with consultant selection and awarding of the contract in accordance with the requirements of the Town's standard purchasing procedures; and THAT the successful proposal be selected and recommended to Council by representatives from the Planning Department. CARRIED -23- COUNCIL - OCTOBER 9, 2007 General Committee Report No. 07.38 Page 3 of 5 — Tuesday, October 2,2007 12. FS07-044 — Capital Fund Report to August 31, 2007 General Committee recommends: THAT report FS07-044 "Capital Fund Report to August 31, 2007" be received; and THAT Council authorize the re -allocation of capital project closing balances as identified in Attachment #2 of this report. CARRIED VI DELEGATIONS (a) Mr. Dave Heard Re: Tribute to Ursula Ostick The delegation of Mr. Dave Heard was withdrawn. Vll PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 5. PL07-113 — Servicing Allocation Matrix General Committee recommends: THAT Council allocate 2 units of the core area Infill amount to the existing apartment building located at 90 Gurnett Street to allow the consideration of the site plan exemption request; and THAT the first paragraph of the proposed recommendation be referred back to staff for a report clarifying the rationale for the priority ranking, as shown In item 1. CARRIED 7. PL07-106 — Appeal to the Ontario Municipal Board Committee of Adjustment Variance and Consent Applications Rui Chan Lin 72 Kennedy Street West Files D13-(20-27)-07 and D10-01-07 General Committee recommends: THAT the Town's Legal and Planning staff be requested to attend the Ontario Municipal Board Hearing on behalf of the Town, in support of the Committee of Adjustment decision and the Town's Fee Schedule, as filed by Rui Chan Lin, 72 Kennedy Street West. (Town Files D13(20-27)-07 and D10-01-07). CARRIED -24- COUNCIL - OCTOBER 9, 2007 General Committee Report No. 07.38 Page 4 of 5 — Tuesday, October 2, 2007 8. Draft 2008 Business Plan — Public Works Department General Committee recommends., THAT the draft 2008 Business Plan for the Public Works Department be received for information. CARRIED 9. Draft 2008 Business Plan — Communications and Marketing Division General Committee recommends: THAT the Communications and Marketing Business Plan be referred back to staff for review and that staff take into consideration the comments raised by Council before resubmitting a revised Business Plan back to Council. General Committee considered the following amendment to the recommendation which was voted on and carried: THAT, under the heading of Media Relations — 2008 Action Steps — point #1— the words "Council and" be removed; and THAT, under the heading of Media Relations — 2008 Action Steps — point #2— the words "Council and" be removed. CARRIED The main recommendation was CARRIED AS AMENDED. 10. Draft 2008 Business Plan — Economic Development Division General Committee recommends: THAT the draft 2008 Business Plan for the Economic Development Division be received for information. CARRIED 11. Draft 2008 Business Plan — Legal Services Division General Committee recommends: THAT the draft 2008 Business Plan for the Legal Services Division be received for information. CARRIED IX NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS Councillor McRoberts provided Notice of Motion pertaining to the Procedural By- law and changing the hour of adjournment from midnight to 11:00 p.m. Councillor Buck provided Notice of Motion pertaining to traffic calming. Councillor Granger provided Notice of Motion pertaining to media relations. -25- COUNCIL - OCTOBER 9, 2007 General Committee Report No. 07.38 Page 5 of 5 Tuesday, October 2, 2007 Councillor Collins-Mrakas reminded everyone that The Barber of Seville will be presented at the Aurora Seniors' Centre on Thursday, October 4, 2007 at 2:00 p.m. X CLOSED SESSION Personal Matters General Committee recommends: THAT General Committee resolve into a closed session to consider personal matters. CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 8:45 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 07-38 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, OCTOBER 9, 2007. -26- COUNCIL - OCTOBER 9, 2007 Resolution To Amend The Procedural By -Law Re. Council and General Committee Meeting End -Time Where as: • The current Rules of Procedure state "No item of business shall be considered at a meeting of the Council after 10:30 p.m. local time unless a majority of the Members present enact a resolution to extend the hour". • The current Rules of Procedure also state "If Council is still in session at the hour of midnight local time, it shall be adjourned unless a two-thirds majority of Council concur in the extension". • Many of our Council and General Committee meetings go beyond midnight. • The majority of councillors have full-time jobs in addition to their part-time councillor positions. • Meeting for more than 4 hours has proven to lead to overtiredness. • It is important to carry on the business of the corporation while one is as fresh and alert as possible, including both councillors and senior staff. Now, therefore be it resolved that the Procedural By -Law be amended to reflect that "If Council (or General Committee) is still in session at the hour of 11:00 p.m. local time, it shall be adjourned unless a two-thirds majority of Council (or General Committee) concur in the extension." —27— COUNCIL - OCTOBER 9, 2007 TOWN OA N`'WMAVI September 26, 2007 Mr. Bob Panizza Director of Corporate Services Town of Aurora P.O. Box 1000 1 Municipal Drive Aurora, ON L4G 6,11 Dear Mr. Panizza Anita Moore Town Clerk Lc—orp-®rate�rwfi,s03B905-953-5300, ext. 2202w .— amoore@newmarket.ca AGENDA ITEM # RE: Community Services Report - PWE 2007-69 Watertight - Expert Panel Report on Reforms on the Delivery of Water & Wastewater Strategy I am writing to advise that the above referenced matter was considered by Council at the regular meeting held on Monday, September 24, 2007. The following recommendations were adopted: THAT Community Services Report - PWES 2007- 69 dated September 5, 2007 regarding Watertight - Expert Panel on Reforms on the Delivery of Water and Wastewater be received and the following recommendations be adopted: THAT Council supports, in principle, the findings and recommendations of the Expert Panel's report titled "Watertight: The Case for Change in Ontario's Water and Wastewater Sector", with the exception of the following Expert Panel recommendations: a) Recommendations 4.1 and 4.2 which propose that Business Plans be submitted to the new Ontario Water Board by single -tier municipalities working closely with lower -tier municipalities and if mutually agreed those Business Plans extend beyond single -tier municipal boundaries and wherever possible contain a minimum of 10,000 customers; b) Recommendation 4.9 which proposes an amendment to the Municipal Act to give all upper tier Regional governments exclusive jurisdiction over lower tier governments, such as the Town of Newmarket, for all elements of the water distribution and wastewater collection systems; 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 AT, www.newmarket.ca COUNCIL — OCTOBER 9, 2007 c) Recommendation 5.1 which proposes an amendment to the Municipal Act to allow municipalities to form corporations to deliver water and wastewater services or to have shared ownership of these corporations between more than one municipality; d) Recommendation 5.2 which would create a board of directors to run the new corporation and two thirds of the board would be drawn from the private sector and one third from local municipal councils; e) Recommendation 6.1 which would create a new "Ontario Water Board" (OWB) that would oversee the water and wastewater sector in Ontario. The OWB would report to the Legislature through the Ministry of the Environment; f) Recommendation 6.3 which proposes that the OWB should normally require an update of business plans only every five years with any proposed material change to the plan before the end of the five year period be submitted to the OWB for approval; 2. AND THAT a copy of this report be sent to the Honourable Dalton McGuinty, Premier of Ontario; the Honourable Laurel Broten, Minister of the Environment; the Honourable John Gerretsen, Minister of Municipal Affairs and Housing; and the Honourable David Caplan, Minister of Public Infrastructure Renewal; the Region of York; all York Region municipalities for their support. Please note the request for your support in Recommendation 2. A copy of Community Services Report — PWES 2007-69 is enclosed. Sincerely, Anita Moore Town Clerk AM:jb copy: Mr. R. Prentice, Commissioner of Community Services Mr. J. Koutroubis, Director of Public Works and Environmental Services —29— COUNCIL - OCTOBER 9, 2007 SOWN of 'TOWN OF NEWMARKET Y't Community Services Q� Public Works and Environmental Services Department publicworks@newmarket.ca �FWMARK� September 12, 2007 COMMUNITY SERVICES REPORT — PWES 2007. 69 TO: Committee of the Whole SUBJECT: Watertight — Expert Panel on Reforms on the Delivery of Water & Wastewater Strategy ORIGIN: . Director of Public Works and Environmental Services RECOMMENDATIONS THAT Community Services Report — PWES 2007- 69 dated September 5, 2007 regarding Watertight — Expert Panel on Reforms on the Delivery of Water and Wastewater be received and the following recommendation(s) be adopted: THAT Council supports, in principle, the findings and recommendations of the Expert Panel's report titled "Watertight: The Case for Change in Ontario's Water and Wastewater Sector", with the exception of the following Expert Panel recommendations: a) Recommendations 4.1 and 4.2 which propose that Business Plans be submitted to the new Ontario Water Board by single -tier municipalities working closely with lower -tier municipalities and if mutually agreed those Business Plans extend beyond single -tier municipal boundaries and wherever possible contain a minimum of 10,000 customers; b) Recommendation 4.9 which proposes an amendment to the Municipal Act to give all upper tier Regional governments exclusive jurisdiction over lower tier governments, such as the Town of Newmarket, for all elements of the water distribution and wastewater collection systems; c) Recommendation 5.1 which proposes an amendment to the Municipal Act to allow municipalities to form corporations to deliver water and wastewater services or to have shared ownership of these corporations between more than one municipality. Newmarket's vision: A community well beyond the ordinary 395 MULOCK DR., P.O. BOX 328, STN MAIN NEWMARKET, ON UY 4X7 Direct Dial: 905-953-5300 ext. 2500 General Information: 905.895-5193 Fax: 905.953.5138 www.nemcket.ca COUNCIL — OCTOBER 9, 2007 71 Z_ Community Services Report - PWES 2007-69 September 12, 2007- Page 2 of 17 d) Recommendation 5.2 which would create a board of directors to run the new corporation and two thirds of the board would be drawn from the private sector and one third from local municipal councils; e) Recommendation 6.1 which would create a new "Ontario Water Board" (OWB) that would oversee the water and wastewater sector in Ontario. The OWB would report to the Legislature through the Ministry of the Environment. f) Recommendation 6.3 which proposes that the OWB should normally require an update of business plans only every five years with any proposed material change to the plan before the end of the five year period be submitted to the OWB for approval; 2. AND THAT a copy of this report be sent to the Honourable Dalton McGuinty, Premier of Ontario; the Honourable Laurel Broten, Minister of the Environment; the Honourable John Gerretsen, Minister of Municipal Affairs and Housing; and the Honourable David Caplan, Minister of Public Infrastructure Renewal; the Region of York; all York Region municipalities for their support. COMMENTS Background In August of 2004 a Water Strategy Expert Panel was commissioned by Public Infrastructure Renewal Minister David Caplan in order to determine the best ways to organize water and wastewater systems and deliver safe, clean affordable water and wastewater services in the province, while ensuring continued public ownership of these systems. The final report of Ontario's Water Strategy Expert Panel dated May 2005 recommended significant changes in the way the province's water and wastewater systems are organized, governed and regulated. The Expert Panel examined all of Ontario's water infrastructure and found the results of decades of underinvestment and planning in water systems throughout the province. The Expert Panel has recommended a comprehensive set of proposals for correcting the situation and ensuring the safety, affordability and long-term financial sustainability of Ontario's water and wastewater systems in the coming decades. The Expert Panel also reports that the province's water systems will require more than $30 Billion in capital investments over the next decade and a half. The Expert Panel believes that a wide range of changes to the water sector will be needed to meet the challenges ahead. The Expert Panel focused on the following reforms to ensure that systems are sustainable and rates reasonable. The report's key recommendations are as follows: Governance - Strengthening the governance of water services and increasing their effectiveness by making larger municipally -owned utilities responsible for providing services; —31— COUNCIL — OCTOBER 9, 2007 7.3 Community Services Report- PWES 2007-69 September 12, 2007 • Scale and Capacity of Water Systems - Increasing the scale and capacity of water systems, including consolidating smaller water systems in various parts of the Province into larger regional utilities. • Timing and Funding & Pricing and Rates - Phasing in cost increases over a seven-year period; • Regulation - Creating an independent economic regulator --- the Ontario Water Board — charged with reviewing business plans and proposed water rates; • Innovation - Encouraging innovations in technology and training in order to reduce costs; • Ontario Clean Water Agency (OCWA) - Revitalizing the Ontario Clean Water Agency by revising its mandate to include an arm's-length relationship with the province and establishing a business -oriented board of directors. The Expert Panel also provided an Annex with their complete Summary of Recommendations which we have attached hereto as Appendix "A" Governance The Expert Panel recommended that the Municipal Act be amended to allow all water servicing to be run under a corporate governance model in order to solve the Expert Panel's reported drawbacks to direct municipal governance overseen by a municipal council and the under funding and planning for water systems throughout Ontario. The Expert Panel also recommended that a local and separate Water Board should be created with members appointed two-thirds from the private sector and one-third from the local municipal council. All finances of this proposed Water Board and Corporation are to be completely separate from the local municipality that it serves to prevent conflicting funding issues. This Water Board Corporation would be responsible for all water billing, metering and collecting. Municipal water rates are proposed to be priced at the same rate that other customers pay with all other transaction between the two entities be priced at market value. It is the opinion of the Public Works and Environmental Services Department that the current two-tier system is operating effectively. This has been confirmed by the Region of York who retained Deloitte & Touche several years ago to review the water and wastewater service governance model within the Region of York. The results of that study essentially revealed that the two tier governance model in York Region was working well and all nine local municipalities in the Region simply needed improved communications and more joint staff training opportunities. Scale and Capacity of Water Svstems The Expert Panel recommended that new relationships be formed to provide more cost effective and efficient services to the public. The Expert Panel also reviewed providing effective risk management, better access to technology and a broader rate base by providing the following recommendations: a) Amalgamating communities into larger Regional or single tier service delivery structures that with amendments to the Municipal Act. —32— COUNCIL — OCTOBER 9, 2007 7. Community Services Report - PWES 2007-69 September 12, 2007- Page 4 of 17 b) A new regulated Ontario Water Board. c) Business Plans based upon regulatory requirements of the Safe Drinking Water Act (SDWA) and the Sustainable Water and Sewage Systems Act (SWSSA). The Expert Panel identified the Regions of York, Waterloo and Niagara as being the remaining Regional Municipalities in Ontario still operating under a multiple (two tier) governance model that needed consistency in these multi -tiered regions by way of amending the Municipal Act. From the perspective of the PWES Department, the proposal to transfer full authority of the water distribution system to the Regional level of government would have far reaching impact an the operations and the finances of the Town of Newmarket and other area municipalities. There would need to be extensive discussions on how the loss of the water and wastewater user rate funding would affect the financial position and staffing for all nine Region of York municipalities. If the Region of York were to reexamine and proceed with this single -tier governance model Town of Newmarket could take the position that other aboveground maintenance services on Regional Roads within the municipal limits should revert to the local municipality to ensure full utilization of the existing staff and equipment that are currently employed by the Town. Timing and Funding & Pricing and Rates The Expert Panel recommends that water consumers pay for all that they consume which will require additional metering to capture all uses, promote water conservation and prevent over sizing of infrastructure. The Panel further recommended that rate structures should be reviewed to ensure full cost recovery and that the province be responsible to operate and run an unsustainable system under a contract role. In addition the Expert Panel also recommended several financial options for the municipalities which included new powers to issue revenue bonds and establish grant programs. The Town of Newmarket has been operating on the basis of full cost recovery for over ten years. Regulation The Expert Panel recommended the establishment of a new regulatory body to be known as the Ontario Water Board (OWB). The OWB would report through the Ministry of the Environment (M.O.E.) with the mandate to regularly review business plans and compliance with quality management certifications. The Expert Panel recommended that the OWB should be appointed and regulatory amendments should include: a) Additional training for all M.O.E. staff responsible for Inspections and Enforcement. b) Amend the Safe Drinking Water Act (SDWA) to include licensing of wastewater operations using the model of the Drinking Water Quality Management Standard (DWQMS). —33— COUNCIL — OCTOBER 9, 2007 7, Community Services Report - PWES 2007-69 September 12, 2007 Pape 5 of 17 c) Changes to a licensed municipal system should not require any further applications for approval provided that the municipality operating the system regularly reports compliance and business plans. Innovation The Expert Panel recommended that the M.O.E. take on a more active research and development role while simultaneously taking a larger role in the training of water and wastewater operators and ensure adequate training for all municipalities. The Expert Panel also recommended that the MOE also work more closely with several water and wastewater associations in Ontario to review and assess the staffing needs of the water and wastewater industry and provide training and skills upgrading for that industry. Ontario Clean Water Apency (OCWA) The Expert Panel recommended that the current function of OCWA be revised to reduce, in what appears to be the Expert Panel's underlying opinion, an organization that has become too centralized and top heavy. Also OCWA does not operate at "arms length" from the M.O.E. and should be captured under the Ontario Business Corporation Act with the Province being only a shareholder. Impact of the Expert Panel Report on Newmarket The impact of the Expert Panel Report recommendations on the Town of Newmarket is shown on Appendix "A" for each recommendation. Staff have highlighted what they feel they cannot support and would have the most impact on the Town of Newmarket being Recommendations 4.1, 4.2, 4,9, 5.1, 5.2, 6.1 and 6.3. Recommendations 4.1 and 4.2 proposes that Business Plans be submitted to the new Ontario Water Board (OWB) by single -tier municipalities working closely with lower -tier municipalities and if mutually agreed those Business Plans extend beyond single -tier municipal boundaries and wherever possible contain a minimum of 10,000 customers. We do not agree with forcing consolidation and the responsibilities of the OWB should be performed by the MOE. Business Plans are essentially consolidated capital and operating, budgets and not true Business Plans. Recommendation 4.9 which proposes an amendment to the Municipal Act to give all upper tier Regional governments exclusive jurisdiction over lower tier governments, such as the Town of Newmarket, for all elements of the water distribution and wastewater collection systems; The Region of York's multi -tiered system was established in the early 1970's with a clear definition of between supply and transmission (Region) and distribution (Local) for water and YDSS trunk sewer collection and treatment (Region) vs, gravity sewer collection (Local). This system has worked well for Newmarket and we have developed our staff expertise to deliver safe and economical local water distribution and local wastewater collection systems. Newmarket residents currently enjoy a direct customer service approach that is second to none. We currently provide water distribution, sanitary sewers, storm sewers, metering, street lighting, road maintenance, sidewalks, winter road and winter sidewalk maintenance, traffic lights, road —34— COUNCIL — OCTOBER 9, 2007 Community Services Report - PWES 2007-69 September 12, 2007- Pane 6 of 17 signage, solid waste, recycling and SSO collection. This structure allows Newmarket to fully coordinate our capital budgets for all services within our Right -of -Ways. By implementing the Watertight Report and having a single -tier water and wastewater systems in our local roadways it would include the Region of York into Newmarket's annual capital budget process. Providing our resident customers with a clear service delivery approach within our right-of-ways is critical to the success of this approach. Implementing the Watertight Report will serve to provide confusion to our residents and now involve two levels of government in local capital budget matters that may have conflicting budgeting and/or project priorities. More importantly the Region is not currently structured nor staffed to provide service delivery at the local level. Recommendation 5.1 proposes an amendment to the Municipal Act to allow municipalities to form corporations to deliver water and wastewater services or to have shared ownership of these corporations between more than one municipality. Recommendation 5.2 would create a board of directors to run the new corporation and two thirds of the board would be drawn from the private sector and one third from local municipal councils. Recommendation 6.1 which would create a new "Ontario Water Board" (OWB) that would oversee the water and wastewater sector in Ontario. The OWB would report to the Legislature through the Ministry of the Environment. Recommendation 6.3 which proposes that the OWB should normally require an update of business plans only every five years with any proposed material change to the plan before the end of the five year period be submitted to the OWB for approval Staff does not support Recommendations 5.1, 5.2, 6.1 and 6.3 since they add another approval process that should be the responsibility of the M.O.E. In addition, Staff believe that locally elected Council representatives are an effective way of ensuring that this essential service remains accountable to the public. The Ontario Municipal Water Association (OMWA) suggests that these recommendations, if adopted by the Province, would be the first step in dismantling public ownership of the water and wastewater infrastructure. BUSINESS PLAN AND STRATEGIC PLAN LINKAGES Water and Wastewater initiatives set out in the Safe Drinking Water Act (SDWA) and the Sustainable Water and Sewage Systems Act (SWSSA) respectively have a considerable impact on the Corporate Strategic Plan developed by staff and Council. Through the provision of well maintained water quality distribution and wastewater collection systems meeting the needs and expectations of our residents, the municipal water and wastewater systems have a reflection on all four areas of the strategic plan. CONSULTATION No public consultation was required for this report. BUDGET IMPACT Operating Budget (Current and Future) As previously stated, the transfer of responsibility for water distribution from the local municipalities would have unprecedented impacts on the operating and capital budgets of the —35— COUNCIL — OCTOBER 9, 2007 7.7 Community Services Report - PW ES 2007-69 September 12, 20Q7 municipality. The staff, equipment and material resources used by the Town of Newmarket to support the water and wastewater systems are integrated with other operational requirements and removing them from the organization would seriously impact the operational efficiency and financing of the Town of Newmarket. A determination of the impacts on operating budgets and tax rates would require a considerable amount of research and analysis. Capital Budget The impact of the transfer of responsibility for water distribution from local municipalities would also have considerable impact on the financing and implementation of capital projects. A determination of the impacts on the capital budgets and also the operating budgets would require a considerable amount of research and analysis. CONTACT For more information on this report, contact: Jim G. Koutroubis, B.Eng., P.Eng., Director of Public Works and Environmental Services @ Extension 2501. Comm ssioner of Community Services jgk/wm —36— COUNCIL — OCTOBER 9, 2007 Community Services Report - PWES 2007-69 September 12, 2007- Paae 8 of 17 Appendix "A" Newmarket's Perspective on Water Expert Panel Recommendations ation The Province should require, under sections 3, 4, 9, 10 and, if necessary, 11 of SWSSA, the creation of business plans for submission to the Ontario Water Board. These plans should be produced by the single -tier municipalities not located with the boundaries of a county; by regional municipalities; and by counties, working in cooperation with the lower -tier municipalities and separated single -tire municipalities within their boundaries. Recommendation 4.2 The geographical basis of a business plan may, if agreed with the relevant jurisdiction(s), extend beyond the boundaries of the county, single -tier municipality or regional municipality, and should contain wherever possible a minimum of 1o,000 customers. Recommendation 4.3 The business plan should be consistent with all requirements of SWSSA and SDWA, with provincial growth management policy, and with municipal official plans; should include a governance, financial and accountability model and a proposed rate structure; and should take into account: • efficiencies available through technological choice and innovation as well as economies of scale and scope; • efficient provision of service, including existing or revised contacting possibilities; • natural economic communities, such as centres which draw commuters from the surrounding area; • management of septage on a county or multicounty basis; and • the governance principles in Recommendations 5.1 through 5.5 Recommendation 4.4 The business plan should be approved b Newmarket Response Business Plans are essentially consolidated capital and operating budgets and not true Business Plans. We disagree with forcing consolidation. The province should establish what levels of service should be attained and let the service providers determine the best approach to providing the service. We disagree with forced consolidation. We currently have servicing agreements across municipal boundaries that are working well for all parties. No changes required to current system to achieve the noted benefits. The immediate needs of the industry are to implement the legislation as soon as possible. Once the initial data and financial plans are prepared, these other matters may be considered. Many of these matters are management issues and should not be written into legislation. Good management and good stewardship is not a function of size but are established by having the right people managing and operating the systems. that the Region should —37— COUNCIL — OCTOBER 9, 2007 7.9 Community Services Report - PWES 2007-69 September 12, 2007 Pace 9 of 17 Recommendation Newmarket Response county or regional municipal council and by involved the provision of local water the council of any included separated city distribution and wastewater collection and submitted to the Ontario Water Board services. by June 30, 2007. • Implement the SDWA and SWSSA as soon as possible. Recommendation 4.5 The Water Board may require deficiencies • Disagree with the establishment of the in a business plan or group of business Ontario Water Board. Responsibilities plans to be made good, without relaxing should be performed by the M.O.E. the time line, before it accepts the business plan(s) and begins detailed analysis. Recommendation 4.6 The Water Board should no later than June We should be moving to implement the 30, 2008 render a decision on the business SDWA and SWSSA as soon as plan. Where, despite requests for the possible in 2008. repair of deficiencies, an adequate plan has not been submitted, or the Board does not approve the plan that was submitted, the Board may exercise the powers under section 12 of SWSSA. Recommendation 4.7 Section 54 of the OWRA should be • Support this to the extent that is repealed. doesn't cause problems with the interconnection of water basins. Recommendation 4.8 The principal municipality in each cluster in No Comment the North should take the lead in developing the business plan, following the process and time frame set out in Recommendations 4.1 through 4.6 and involving municipalities and local services boards, and First Nations communities in the cluster as appropriate. Recommendation 4.9 The Municipal Act should be amended to • This is forced consolidation for Region. give all Regional Municipalities exclusive We do not agree with forced jurisdiction over all elements of the water consolidation and governance for water and wastewater sector. distribution and wastewater collection. Recommendation 4.10 The provincial government should provide Agree with transitional grants. onetime financial assistance consisting of a uniform per -customer grant for the total customer base covered by each business plan, to be paid with the Water Board accepts the plan. Recommendation 5.1 a '.M COUNCIL — OCTOBER 9, 2007 7, ! ® Community Services Report - PWES 2007-69 September 12, 2007- Paae 10 of 17 Recommendation The Province should amend O. Reg. 168/03, under the Municipal Act, to allow municipalities to form corporations to deliver water and wastewater services and to own or lease the relevant assets, or to deliver a range of municipal services including water and wastewater, and to make it possible for more than one municipality to share in the ownership of such corporations Recommendation 5.2 At least two-thirds of the directors of the board of water service should be drawn from private life, with any remainder consisting of appointments from municipal A shareholder's declaration between the municipal owner and a corporation delivering water services should set out, at a minimum: ■ The powers, selection and terms of board members; • Reporting and accountability requirements; • Standard of care and diligence (and indemnification when acting in good faith); • The requirement for an annual business plan, annual and quarterly public reporting, and a public annual general meeting; • Actions requiring shareholder ratification, such as the annual business plan, rates, or a dividend policy; ■ The shareholder's residual power of direction; and ■ Any other basic matters of operations and policy in which the shareholder is Recommendation 5.4 Water services should have responsibility for metering, billing and collecting arrangements, and should maintain separate accounts from those of their municipality; water provided to the Newmarket • This should not be mandated. ■ Each service provider should be provided with opportunity to move towards whichever operational solution that suits their jurisdiction best. Agree if Board Members are selected by the Municipal Council, ■ Only if the municipality chooses to go with this option. ■ Agree. We would note that "market value" should be defined as the cost of providing the direct supporting costs and functions to the water (and —39— COUNCIL — OCTOBER 9, 2007 4/ Community Services Report - PWES 2007-69 7 September 12, 2007 Pace 11 of 17 Recommendation municipality should be priced at the same rate that other customers pay; and all other transactions between the parties, such as overhead, should be priced at market All financial flows between water services and municipalities should be reported The Province should commission and publish basic contract templates for water and wastewater operating ranging from short-term operation contracts to long-term The Province should create a new regulatory body called the Ontario Water Board, reporting to the Legislature through the Minister of the Environment, and grant the powers of the Minister under SWSSA to the Board. The Board should analyze and rule on water service business plans and compliance with quality management certification, and may hold hearings, receive submissions and make decisions regarding, among other things, business plans, issues of service quality, abuse of dominant Dosition. and franchise areas. Kecommenaacion b.z The Ontario Water Board should require water services to provide information annually about their compliance with its regulatory regime and their financial and service performance, and should ensure that this information is made available to the public in a way that allows meaningful comparisons with the goals set by each water service and the performance of a The Water Board should normally require an update of business plans only every five years, on a staggered basis; any proposed material change to the plan before the end of the five year period should be submitted to the Board for approval. Newmarket Response ■ Agree • Example contract templates are helpful. Mandating one contract format is not acceptable since provides no flexibility and there are too many variables to consider. • Disagree with the Water Board concept as it adds another layer into the approval process. • Responsibility should remain with the M.O.E. • There are already conflicts in the approval vs. operational system currently and this would widen the gap. • Need to have some form of Technical Review Board available for municipalities to challenge MOE directives. ■ Focus should be on water quality and service provision. Financial matters, to the extent that they are consistent with approved Cost Recovery Plan (under SWSSA), may require some level of reporting. Disagree with the need for the OWB. The updating of the two reports under SWSSA are required to be updated on a yearly basis (also to be updated if any material change arises) —40— COUNCIL — OCTOBER 9, 2007 Community Services Report - PW ES 2007-69 September 12, 2007- Recommendation The Province should amend the Safe Drinking Water Act to include a certification and licensing procedure for wastewater operations on the model of the Drinking Water Qualitv Management Standard. Once a water or wastewater system operator is licensed under SDWA, and operating under a business plan approved by the Water Board, it should no longer be required to obtain a Certificate of Approval for any system addition or change approved by a professional engineer. Section 43 of SDWA and other references to a certificate of compliance for municipal water and wastewater systems should be The Ministry of the Environment should, in consultation with municipalities and water services, create a registry of all non - municipal systems serving between six and 100 users; should identify those that pose the most urgent risks to public health and, working with municipalities and water services, act as quickly as possible to mitigate those risks in the most cost- effective way possible; and should develop a long-term plan to minimize the risks and costs associated with the remaining In addition to ordinary commercial borrowing, corporatized water services should have the power to issue revenue bonds. Recommendation 7.2 After exhausting all other normal means of collection, water services should be able to transfer arrears to the municipality, which would then place the arrears on the property tax roll as a lien on the associated real property that is collectible as taxes. Response • Agree • Agree with the concept • Do not agree with establishing the OWB. • Agree Should be pursued with the Financial Industry. We believe that the lowest cost of borrowing is via Region Debentures and not Infrastructure Ontario (OSIFA). Access to funds should be expanded not reduced. • Agree —41— COUNCIL — OCTOBER 9, 2007 7. 3Community Services Report - PWES 2007-69 September 12, 2007 Pace 13 of 17 Recommendation Newmarket Response The amount of the lien should include all outstanding bills, accrued interest, and related legal and collection costs. Recommendation 7.3 Water service business plans should be • Agree based on a transition to full -cost recovery • Do not agree with establishing the of not more than five years from initial OWB. submission of the business case to the Water Board. Recommendation 7.4 The Ontario Water Board should provide The SWSSA already does this. guidance to the water sector to ensure Do not agree with the OWB. consistent application of full -cost recovery There is a significant difference regulations and appropriate accounting between financial planning and standards. accounting. There are proposed changes via PSAB which should not drive how financial planning is undertaken. Recommendation 7.5 COMRIF and any future grant programs for • Agree water or wastewater projects in a • If phasing out sooner for municipalities sustainable system should be phased out with marginal needs creates funding for by the start of the 2012 municipal fiscal other municipalities having problems year. In the meantime, grants should be with sustainability, then perhaps the conditional on the project being in funds should be re -allocated. compliance with all relevant legislation and the recommendations of this report, including the recommendations of business planning. Recommendation 7.6 The focus of any water component of Once transitional period is complete, provincial and federal infrastructure there should be no grants. Having programs should be unsustainable grants encourages municipalities to be systems only; funds should not be limited unsustainable to access grants. to capital purposes, and should be routinely available once eligibility criteria are met. Recommendation 7.7 OSIFA should focus its efforts on Disagree. OSIFA or Infrastructure infrastructure needs other than water and Ontario provides low interest rates but wastewater infrastructure. higher Admin Rates, it should be expanded not eliminated. Region Debentures currently offer the best interest rates. Recommendation 7.8 Where average water and wastewater unit Not a functional measure. A few years —42— COUNCIL — OCTOBER 9, 2.007 • v Community Services Report- PWES 2007-69 September 12, 2007- Paae 14 of 17 Recommendation Newmarket Response costs in a water service will be more than ago very few municipalities were 2.5 times the provincial average unit cost moving to full -cost recovery and hence, of production under full -cost recovery, after rates were lower. Today numerous all possible cost savings, cross- municipalities are phasing in full -cost subsidizations and consolidations have recovery. Once all municipalities been considered, and on the petition of the implement full cost pricing, the rates water service owner, the Water Board will be even higher. should have the power to declare the water service unsustainable and place the relevant assets and liabilities under provincial trusteeship. Recommendation 7.9 The Province should operate and maintain, • See 7.8 ■ The Province should only be involved under contract, unsustainable water absorbing all costs above the 2.5 in overseeing the management and services, times average threshold, until it has found operations of the water system. a way of reducing costs below that threshold; whereupon it may petition the Ontario Water Board for an unwinding of the trusteeship. Recommendation 8.1 Metering should be mandatory in all • Agree. sustainable waters stems. Recommendation 8.2 The water rate may include a constant X Agree. portion, representing the fixed costs of providing the service, and must include a non -decreasing volumetric charge. Recommendation 8.3 Volumetric water rates should not Agree. discriminate among industrial, commercial, institutional, residential, recreational, or municipal classes of customer of a water system. Recommendation 8.4 Water service business plans should Agree but this is only one of many tools include an assessment of the costs and used in demand management. If this is benefits of using seasonally varying prices to be regulated, why limit it only to to flatten demand. pricing? Recommendation 8.5 A development charge should be used to All should pay with no exemptions pay for any increase in capacity that (including the province, federal benefits a specific consumer or new group government, school boards, etc.) of consumers; where development charges are not available to the water service, business plans must show how expansion will be paid for without burdening existing —43— COUNCIL — OCTOBER 9, 2007 7' " ,50� Community Services Report- PW ES 2007-69 September 12, 2007 Pace 15 of 17 Recommendation Newmarket Response customers. Recommendation 8.6 In the case of a major industrial Agree. development with benefits to the provincial economy as a whole, the Province may elect to pay some or all of the incremental water and wastewater capital costs. Recommendation 8.7 Where the cost of a subsidy from the • Not sure how this will be implemented? general customer base to an existing • This creates privacy issues when you group of residential consumers would be have to justify the need for the subsidy. less than the social costs of not providing the subsidy, and as long as the subsidy will not make rates unaffordable to general customers, the general customer base may be used to subsidize service to that group. Recommendation 8.8 Wastewater facilities should be able to No Comment. charge for septage handling and treatment, with charges set out in the rate structure developed through the business planning process. Recommendation 9.1 MOE should devote additional resources ■ Why should the MOE be evaluating the on a continuing basis to assisting in the technologies and also be in an timely adaptation of innovative advocacy role? technologies and techniques for use in . The MOE should be regulating the Ontario's water and wastewater sector. water quality issues and leaving the method for attaining the quality, to the local munici lit . Recommendation 9.2 The Ministry of the Environment should Agree ensure that training is more readily available in remote locations, through distance learning, "circuit rider" trainers, accreditation of more qualified institutions or organizations, and recognition of accreditation from other provinces having certification standards similar to those of Ontario. Recommendation 9.3 MOE should work with the Ontario Agree Municipal Water Association (OMWA) and the Ontario Water Works Association (OWWA) to assess the need to increase the number of people available to —44— COUNCIL — OCTOBER 9, 2007 Community Services Report - PW ES 2007-69 September 12, 2007 - Pane 16 of 17 N undertake professional and directional roles in the Ontario water industry, and to offer training and skills upgrading as Recommendation 10.1 The Province should amend the Capital No Comment Investment Plan Act to delete reference to OCWA: OCWA should be incorporated under the Ontario Business Corporations Act and have all the ordinary powers, responsibilities and liabilities of a normal OBCA corporation, with the Province as its sole shareholder; OCWA should cease to be an agent of Ontario, and its employees should cease to be members of the Ontario Public Service. Recommendation 10.2 The Province should draft a new No Comment Shareholder Declaration setting out the activities, goals and governance of the corporation, which should include the freedom to enter into joint ventures and other arrangements with other sector participants, whether in the public or private sector. The Province should name a board No Comment composed of experienced and competent people form the private sector who have full authority to appoint the chief executive Recommendation 10.4 The new board should draw up a strategic No Comment plan aimed at achieving OCWA's full potential in its revitalized form in the context of Ontario's reformed water sector and, if it wishes, in other markets as well. Recommendation 10.5 On the basis of its acceptance of the ■ No Comment strategic plan, the Province should ensure that OCWA's capital structure is appropriate to the activities it will carry out. Recommendation 10.1i The Province should no longer guarantee No Comment the obligations of OCWA nor indemnify its actions; OCWA should pay all normal taxes and be able to make independent Response —45— COUNCIL — OCTOBER 9, 2007 7 i / T Community Services Report - PW ES 2007-69 September 12, 2007 Recommendation Newmarket Response banking arrangements. Recommendation 10.7 Before May 2006, unless a suitable new No Comment. revenue source for the pipeline appears, the Province should arrange for the wind- up of the New Tecumseth Improvement Society and provincial assumption of its assets and such of its debt as cannot be serviced from reasonable user charges. Recommendation 10.8 If the Province assumes the pipeline and No Comment. its debt, it should then arrange for OCWA or another certified operator to operate the pipeline under a long-term lease or concession arrangement, with the contractor having the power to maximize the revenues of the pipeline so long as the effect is not to increase the price of water to Honda beyond what it would otherwise have been, nor to make water rates for other customers unacceptably high, in the view of the Water Board. Recommendation 10.9 Emergency plans required under SDWA York Region municipalities currently should include arrangements with nearby assist each other (e.g. Newmarket sent water services for mutual assistance in a portable generator to Markham to emergencies. assist with a sewer blockage problem preventing a large scale sewage spill and damages to Markham residents, a school and businesses.) • Entering into formal contracts may encumber current mutual assist arrangements. sm COUNCIL - OCTOBER 9, 2007 -47- COUNCIL - OCTOBER 9, 2007 ',O,Nnofq�ro THE CORPORATION OF THE TOWN OF AURORA ` By-law Number4959-07.0 h�,�ifl»9 ..z. BEING A BY-LAW to appoint Municipal Auditor (Grant Thornton UP Chartered Accountants) WHEREAS, Section 296 of the Municipal Act, S.O. 2001, c. 25, as amended, provides thatthe council of every municipality shall appoint an auditorlicensed underthe Public Accounting Act 2004, for a term not exceeding five years; AND WHEREAS the auditor of a municipality shall not be an employee of the municipality or of a local board of the municipality; AND WHEREAS it is deemed necessaryto appoint auditors for The Corporation of the Town of Aurora; NOW THEREFORE, the Council of The Corporation of the Town of Aurora hereby ENACTS AS FOLLOWS: 1. THAT Grant Thornton LLP Chartered Accountants be and are herebyappointed as external municipal auditorsforThe Corporation of the Town of Aurora and its local boards for a term of three years, for the fiscal years 2007, 2008 and 2009, ENDING December 31, 2010; 2. THAT The Corporation of the Town of Aurora reserve the right to reduce the term of appointment upon receiving such recommendation from staff to review appointment arrangements; 3. THAT this By-law shall continue in force and effect for a term ofthree years from the date of its enactment, unless it is amended or repealed at an earlier date. 4. THAT the provisions ofthis By-law shall come into force and take effect January 1, 2008; 5. THAT By-law No. 4397-02.C, be repealed effective January 1, 2008. READ A FIRST AND SECOND TIME THIS 9" DAY OF OCTOBER, 2007. READ A THIRD TIME AND FINALLY PASSED THIS 9t" DAY OF OCTOBER, 2007. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, MUNICIPAL CLERK COUNCIL --OCTOBER 9, 2007 gown ofg4ro THE CORPORATION OF THE TOWN OFAURORA e It t By-law Number 4960-07.0 .hfe _`i b BEING A BY-LAW to Confirm Actions by Council Resulting From Meeting 07-24 on October 9, 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 October 9, 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 9th DAY OF OCTOBER, 2007. READ A THIRD TIME AND FINALLY PASSED THIS 9m DAY OF OCTOBER, 2007. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, TOWN CLERK NM