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AGENDA - General Committee - 20040406TOWN OF AURORA GENERAL COMMITTEE AGENDA NO, 0441 TUESDAY, APRIL 61 2004 7:00 PK COUNCIL CNAMBERS AURORA TOWN NALL PUBLIC RELEASE 02-04-04 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 04-11 Tuesday, April 6, 2004 Councillor Hogg in the Chair. I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. I// DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS Mr. John Sanderson, President and CAO of Aurora Hydro Connections Ltd./ Director of Borealis Hydro Electric Holdings Inc. Re: Item 1 - Amalgamation Assessment — Aurora and Newmarket Hydro Corporations VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION V/l OTHER BUSINESS, COUNCILLORS General Committee Meeting No. 04-11 Page 2 of 4 Tuesday, April 6, 2004 Vlll 1N CAMERA Personnel & Property Matters RECOMMENDED: THAT this Committee proceed In Camera to address personnel and property matters. IX ADJOURNMENT General Committee Meeting No. 04-11 Page 3 of 4 Tuesday, April 6, 2004 AGENDA ITEMS 1. ADM04-004 - Amalgamation Assessment — Aurora and Newmarket (pg. 1) Hydro Corporations (Recommendations previously approved at the March 2, 2004 General Committee Meeting - report circulated for information purposes only) 2. CS04-008 - Parking Enforcement on Private Property (pg. 28) RECOMMENDED: THAT Council authorize the expansion of parking enforcement on private property to independent security companies approved by the property owner. 3. C804-011 - Licensing of Restaurants/Food Serving Establishments (pg. 38) RECOMMENDED: THAT this report be received for information and that the licensing of restaurants and other food serving premises not be considered at this time. 4. CS04-010 - Drive Test Examination Centre - Update (pg. 49) RECOMMENDED: THAT the proposed By-law No. 4519-04.P to amend the Town's Driving School By-law be enacted. 5. CS04-012 - 2004 Communications Plan (pg. 58) RECOMMENDED: THAT the proposed 2004 Communications Plan as outlined in Attachment "A" be endorsed: and 'THAT staff be directed to implement the strategies outlined in the plan. General Committee Meeting No. 04-11 Tuesday, April 6, 2004 Page 4 of 4 1.1 7 LS04-015 - Fundraising Campaign RECOMMENDED: (pg. 79) THAT Council establish a Fundraising Steering Committee reporting to the Finance Committee to coordinate the fundraising efforts as requested by Council; and THAT Council endorse the target fundraising amounts as identified in this report. PW04-018 - Regional Infrastructure Servicing Issues RECOMMENDED: (pg. 84) THAT with respect to the recent understanding that provision of Regional Water and Sanitary Servicing infrastructure may be constrained by technical limitations as generally described in Report No. PW04-018: • Staff be requested to closely monitor this matter including attending meetings as required; and • That staff update Council on the matter as appropriate. PL04-040 - Planning Application Status List RECOMMENDED: (pg- 93) THAT the Planning Applications Status List be received as information. AGENDA ITEM # N T E R OFFICE MEMO To: Mayor and Members of Council From: Corporate Services Subject: Item 1 — ADM04-004 - Amalgamation Assessment — Aurora and Newmarket Hydro Corporations Date: Friday, April 2, 2004 From the discussion of Item 1 - ADM04-004 - Amalgamation Assessment - Aurora and Newmarket Hydro Corporations, at the March 2, 2004 General Committee, itwas decided that this item should be brought back to the General Committee for further clarification with regard to certain matters. Mr. John Sanderson, President and CAO of Aurora Hydro Connections Ltd./Director of Borealis Hydro Electric Holdings Inc., has been invited to attend the April 6 General Committee meeting to assist with any questions which may arise. TOWN OF AURORA GENERAL COMMITTEE REPORT No. ADM04-004- SUBJECT: Amalgamation Assessment —Aurora and Newmarket Hydro Corporations FROM: Administration Department DATE: March 2, 2004 RECOMMENDATIONS THAT the attached Report from Navigant Consulting Ltd. Dated January 2004 be received and, THAT based on the preliminary analysis undertaken, the management of Aurora Hydro together with the management of Newmarket Hydro proceed with the next phase of the work program and undertake, with the assistance of Navigant Consulting, a detailed financial assessment of the benefits of consolidating Aurora and Newmarket Hydro, identifying conditions precedent to a merger and/or items requiring special attention in a shareholders declaration and; THAT Council charge the charge the responsibility for making recommendations on the next phase of the analysis to the Town staff/hydro staff/financial and external legal counsel with input from the current Hydro Board of Directors. BACKGROUND In 1998, the provincial government passed Bill 35, the Energy Competition Act, to restructure Ontario's electricity system and to introduce competition. Municipal Electric Utilities were required to incorporate under the Ontario Business Corporations Act (OBCA) by November 7, 2000 and were required to be licensed as electricity distributors by the Ontario Energy Board. In recognition of the requirements in the Energy Competition Act, the Town of Aurora, on October 3'ti 2000 passed By-law 4220-OOL, that transferred substantially all of the assets 000002 March 2, 2004 - 2 - Report No. ADM04-004 and liabilities of the Aurora Hydro -Electric Commission to two newly created corporations, Aurora Hydro Connections Limited and Borealis Hydro Electric Holdings Inc. The Town retained ownership of the hydro office building located on Industrial Parkway South. In order to preserve the value of the assets of the corporation, the Shareholders Declaration states that the Shareholder expects that the Board of Directors of the Corporation(s) will establish policies to earn up to the maximum rate of return to the regulated distribution business to the extent permitted by the Ontario Energy Board, or in other words, to be for - profit business. Starting in 1999 the Town also actively pursued merger of York Region Hydro Utilities including Newmarket, Markham, Richmond Hill and Vaughan. At the time of the enacting of the new legislation a transfer tax holiday was created by the Province as it was encouraging the many small independent utilities to consolidate in orderto assist in viability in the new market place. Ultimately the (Unipower) municipal utility merger that was agreed upon by all parties failed to be consummated on the day it was to occur as late breaking issues with the City of Vaughan could not be satisfactorily resolved. In 2001 Council endorsed further work on a smaller proposed merger between Aurora, Newmarket and Markham. The mechanics to implement that consolidation were contingent upon eitherthe grand -fathering of the new merger within the scope of the previous Unipower initiative as the tax holiday was now closed by the Province or the extension of the provincial window of opportunity by Regulation. Neither was forthcoming at the time and work to implement the "MAN" merger ceased. Aurora created its own Board of Directors in mid 2002 and commenced the operation of the utility as a stand alone entity. On November 25, 2002, The Electricity Pricing, Conservation and Supply Act, 2002 (Bill 210) was introduced by the Province of Ontario. Bill 210 required the shareholder municipal Councils to pass a resolution to confirm their original decision to commercialize their respective local electricity distribution company (LDC) . Council passed the requisite resolution last spring and confirmed its intent with respect to the operation of the utility in a manner consistent with the Shareholders Declaration currently in place. A Regulation was subsequently enacted by the Province in July 2003 reopening the transfer tax holiday for a two year period expiring in March 2005. In August, Council endorsed a memorandum provided by the Mayorthat suggested that staff reopen the issue of a potential merger of the utilities with previous participants and report back to Council in that regard. It was determined early in the process that there wasn't the same level of interest or viability of pursuing the initiative with Markham as there was in 2000/01 thus efforts were concentrated on the substantially less complex task of a consolidation of the Aurora and Newmarket entities. The Town of Markham has very recently confirmed publicly their intention to merge their utility with the City of Vaughan. A copy of the press release 000003 March 2, 2004 - 3 - Report No. ADM04-004 issued is attached. Discussions taking place in the fall at a staff level determined that there were sufficient synergies, commonalities and relative compatibility in terms of overall scope of operations that more detail was warranted. As a result the two utilities jointly engaged Navigant Consulting to undertake the attached preliminary review. The report is prepared at a high level and verifies the staff conclusions that there is merit in more detailed examination of the proposed merger. COMMENTS Benefits of Amalgamation As summarized by the consultant, the benefits of further examining the benefits of amalgamation as compared to continuing to stand alone include: • a low risk opportunity to enhance operating flexibility that should lead to lower costs, improved service levels and better reliability • lower overall rates than would be the case in stand alone option • other future strategic options not precluded • value preservation and potential enhancement through efficiencies Risks of Maintaining the Status Quo flexibility to respond to cost, performance and competitive pressures is limited and long term value may be compromised. OPTIONS Council as the sole shareholder is charged with the responsibility of ensure the long term viability of a $26 million asset that provides core services to the ratepayers in Aurora. In its oversight role it has created an operating structure, appointed an independent Board of Directors and endorsed a Shareholders Declaration that establishes the operating parameters for the utility. The regime in which the utility operates has been fluid for some period of time. The analysis undertaken in accordance with Council's pervious direction indicates that there is merit in further examining a merger of the utilities. Proceeding to the next stage is discretionary however staff point out that the window provided by the current legislation is limited and approximately 12 months remain to complete a series of significant steps if the decision is made to move forward. Maintaining the current corporate IIJ0 March 2, 2004 - 4 - Report No. ADM04-004 configuration remains an option. The consultant has pointed out that external pressures will likely continue to mount as the regime in which the utility operates continues to become more complex and regulated. CONCLUSIONS Staff recommends that the Town affirm its commitment to examine in more detail the merits of the merger of the Aurora and Newmarket utilities. Financial analysis undertaken in both the Unipower and MAN mergers indicated there were long-term benefits to Aurora participating in those initiatives. This next phase of review of the merger would confirm the degree to which there are benefits of a two party merger; identify any special circumstances to be addressed as part of the analysis and propose a governance (Board of Directors) structure for the new utility. While staff are proposing for the sake of efficiency the utilities jointly undertake the financial component of the analysis , the very specialized nature of the hydro regime necessitates that external legal counsel be ultimately need to be retained to assist and advise Aurora in the third and final phase of the examination. Newmarket would likely retain their own expertise in this field to provide independent advice to their council. The Hydro Board of Directors at their meeting held in February has endorsed the further review of the merger as being in the best interest of the utility. A copy of the correspondence confirming their support is appended. FINANCIAL IMPLICATIONS As part of the next phase of the work Navigant would need to analyse the relative financial position of Aurora Hydro in the current market conditions as a stand alone utility and compare the financial opportunities and threats it would have in a consolidated status. Similarly the same firm would provide a similar service for Newmarket, assessing their gains and risks with a merger. This data would to a large extent influence the parameters of a new draft share holders agreement that would deal with issues related to distribution of returns, allocation of assets and protections for each utility should a merger proceed. In order to accomplish the foregoing asset and other detailed financial information that was prepared as part of the Unipower and MAN mergers would have to be updated to reflect current values and adjustments based on recent pronouncements by the OEB. 000005 March 2, 2004 - 5 - Report No. ADM04-004 LINK TO STRATEGIC PLAN This Report references GOAL 'A' — MAINTAINING A WELL MANAGED AND FISCALLY RESPONSIBLE MUNICIPALITY. One of the objectives of this goal is to reduce operating costs by setting priorities. Council set the objective of reviewing its current and projected near future capital assets and holdings by determining the cost for maintaining these assets and the ability of the Town to finance the conservation of assets to ensure the financial viability of municipal operations is not jeopardized. ATTACHMENTS - memorandum from Mayor Jones August 2003 - Report from Navigant Consulting Ltd. January 2004 - MarkhamNaughan Press Release February 2004 - Letter from Hydro Board of Directors February 2004 Team — February 25th, 2004 L4ivrence Allison Chief Administrative Officer ATTACHMENT-1 Memo To: Members of Council From: Mayor Tim Jones Date: August 14th, 2003 Re: New Hydro Transfer Tax Exemption Regulation c;yo,;: rstt AGE I As Members of Council are well aware, the Provincial government had in connection with the multitude of dramatic changes imposed upon local hydro utilities, instituted a temporary exemption from transfer tax to facilitate their desire to see sales, mergers and other consolidations of the previously public hydro utilities. That exemption window opportunity was utilized during the previous term of Council to actively support and participate in the work leading to the failed Unipower consolidation of a number of York Region utilities and the subsequent additional discussions related to the potential for a smaller consolidation between the Markham, Newmarket and Aurora Hydro corporations. Analysis previously undertaken by independent third parties demonstrated financial and service advantages to the creation of a larger entity that would be better able to compete in an environment that was becoming increasingly complex and competitive. With respect to the latter initiative, the Minister declined our joint request to retroactively grant the transfer tax holiday exemption request. As a result, the three remaining municipalities have proceeded Independently to create their stand-alone corporations. They appointed business based Boards of Directors and proceeded to distribute the commodity. Markham's Energy Corporation has also embarked on a number of other initiatives beyond those of a distribution firm. As noted in the attached communication from AMO, the re -imposition of the transfer tax holiday announced by the Province in the spring has very recently come to fruition. It provides for a similar exemption to that which previously existed for those municipal electricity assets transferred to certain municipal corporations, another LDC, Ontario Power Generation or Hydro One, between March 2003 and March 2005. In that Council is the sole shareholder of our utility and there were efficiencies associated with consolidation previously identified, I would request that Council sanction a request that we renew our dialog with Markham and Newmarket to determine if .there is interest in taking advantage of the tax holiday. If one or more of the municipalities express interest, a working group of senior staff from the Town and the President of Aurora Hydro could be reestablished to pursue the initiative. The objective would be to review previous analysis and engage any needed expertise to update or review the existing background work this fall and allow the incoming Council an opportunity to debate the matter in the early spring. From experience we know the implementation process might take some time and all the approvals are necessary prior to March 2005. of the above is requested. �e Mayor Tim Jo es 000007 TWO-YEAR TRANSFER TAX EXEMPTION FOR LDCS PASSED AND OTHER ELEi.: Page I of 2 MnnmFler ('Ot'r'1municatlOn "i, Tor ontc, On MSG ? EL tel:fal6)971-9356 1ax:!'416f97:-E,19' ALERTO email: amafgamo.munitero.cern To the immediate attention of the Clerk and Council July 25, 2003— Alert 03/039 TWO-YEAR TRANSFER TAX EXEMPTION FOR LDCS PASSED AND OTHER ELECTRICITY UPDATES Issue: Regulation allowing municipal electricity assets to be sold or consolidated without transfer taxes for the next two years Background: As noted in AMO Alerts 03/18 and 03/23, the Provincial government promised in their 2003 Budget that there would be a two-year transfer tax exemption (until March 28, 2005) for sales and amalgamations of municipal Local Distribution Companies (LDCs) within the public sector. On July 7, 2003, the Province passed promised Regulations to encourage the "...development of new electricity supply from clean, alternativeand renewable energy sources." Among several tax Incentives for companies investing in these types of projects, is a 10-year property tax holiday. The government promised that "Compensation to municipalities for lost property tax from this new holiday would be provided similar to that provided in relation to waterpower," but these provisions have yet to be passed by the government. AMO has asked the Finance Minister when this will happen. On July 18, 2003, Regulation 292/03, made under the Electricity Act, 1998 was filed, providing that a transfer tax exemption applies if electricity assets are transferred to certain municipal corporations, an LDC, Ontario Power Generation (OPG), Hydro One or subsidiaries of OPG and Hydro One. According to the government, the purpose of the Regulation is "... to encourage greater rationalization and efficiency," In Ontario's electricity distribution system. The Regulation will be Gazetted on July 26, 2003, but is available now at the E-laws website: http://www,e-laws.gov.on.ca/DBLaws/Source/Regs/English/2003/RO3292_e. htm. Two consultations on increasing electricity generation and improving energy conservation have been announced. On June 27, 2003 it appointed an Electricity Conservation and Supply Task Force and it is expected that the Task Force will report out early next year. In addition, the Ontario Energy Board (OEB), at the direction of the Minister of Energy is embarking on a review of Demand Side Management and Demand Response. Stakeholders have until July 28, 2003 to respond to the OEB's invitation to participate. A draft report should be available later this year, and recommendations will be provided to the Minister of Energy on March 4, 2004. Information on the OEB review can be found at: www. oeb.gov. on. ca/html/en/industryrelations/ongoingprojects_mi nistersd irective_dsm. htm. Action: Borden Ladner Gervais LLP (BLG), AMO's legal advisor on electricity issues, has done analyses of the above Regulations. They are available on the AMC website at: www.amc.on.ca/whats new/whats new.html. Lawyers from BLG will also be doing a presentation at the upcoming AMO AnnuaF Conference on Monday, August 18, 2003. Please see www.municom.com/document/AMODocconfList.asp?PubCatlD=56 for more details. The (RJ0008 hth, '/w t'�c.nnrnicnm crnr/Puhlicatinne/I3/(1 i(17�5 alt htrnl R/7/fl'i TWO-YEAR TRANSFER TAX EXEMPTION FOR LDCS PASSED AND OTHER ELE'.: Page 2 of Association will also be participating in the consultations conducted by the OEB and the Electricity Conservation and Supply Task Force. This information is available through AMO's subscription based MUNICOM network at www.municom.com. For more information, please contact: Jeff Fisher, Senior Policy Advisor, 416 971-9856 ext. 315 or emaHjrtsher@amo.municom.com 000009 F i I APR 7 2003 1 Corporate garviaes De BORDEN April 3,2003 LADNER GERVAIS Dear Sirs/Mesdatnes: MAYOR'S OFFIC h COPIES CIRCULATED TO: C.A.O. Dir. Of Building Admin. Dir. Of Corp. Serv. Dir. Of Leisure Services Dir. Of Planning Dir. Of Public Works Borden Ladner Gervais LLP Lawyers • Patent & Trade -mark Agents Scotia Plaza, 40 King Street West Toronto, Ontario, Canada M5H 3Y4 tel.: (416) 367-6000 fax: (416) 367-6749 www.blgcanada.com Treasurer Linda L. Bertoldi I J. Mark Rodger Members of Council t , tel.: (416) 367-66471(416) 367-6190 direct fax: (416) 361.7383I (416) 361-7088 e-mail: Ibedoldi@blgcanada.com I mrodger@blgcanada.com Re: Ontario Budget Paper— Transfer Tax Holiday on Sale of LDCs We are writing in respect of the Province's Budget Paper delivered on March 27, 2003 which has a significant impact on your municipality's ability to merge or sell its local electricity distribution company ("LDC") or to acquire other municipally owned LDCs. Since November 2000, municipalities and municipal electricity utilities that transfer an interest in electricity assets to another person have been subject to a 33% transfer tax on the value of those transferred assets. This transfer tax has proven to be a major impediment to the consolidation of the more than 90 municipally -owned electricity distribution companies in Ontario. The Budget Paper proposes a, two-year transfer tax holiday for transfers occurring between March 27, 2003 and March 28, 2005: The exemption would apply to transfers from a municipality or municipally -owned electricity utility to another municipality or publicly -owned electricity utility. Our Energy Markets Group is very involved in assessing the impact of the Electricity Pricing, Conservation and Supply Act, 2002 (Bill 210) on municipalities and their LDCs. We have extensive experience assisting municipal clients on LDC mergers, acquisitions and dispositions including developing and undertaking Requests for Proposals, negotiating and preparing Purchase and Sale Agreements to document the transaction and participation in the Ontario Energy Board approval process. We have advised municipalities on the largest value LDC sales in Ontario's history (the sale of .Brampton Hydro and Richmond Hill Hydro). We have also assisted municipalities and LDCs with respect to financing strategies including leases, private placements and bank financings. We are currently advising a number of municipalities as they consider the future of their LDCs in light of the new transfer tax holiday and would be pleased to assist your municipality in this analysis. For further information, please contact either Linda Bertoldi at 416-367-6647 or Mark Rodger at 416-367-6190. Yours very truly, BORDEN LADNER GERVAIS LLP Linda L. Bertoldi and J. Mark Rodger Co -Chairs, Energy Markets Group 0 a z G 0001010 ATTACHMENT-2 iN ViGANT CON5111I INC, NEWMARKET HYDRO & AURORA HYDRO AMALGAMATION ASSESSMENT JANUARY2004 Navigant Consulting Ltd. 2 Bloor Street West, Suite 2005 Toronto, Ontario M4W 3E2 416 927-1641 www_navigantconsulting.com 000011 NAvIGANT CONSVI.YING CONTENTS 1 INTRODUCTION ....................... 2 OPERATING ENVIRONMENT... 1 ..................................... 2 PERFORMANCE -BASED REGULATION(PBR)...............................................................................................2 RECENT DEVELOPMENT IN ENERGY LEGISLATION....................................................................................2 FUTURE OPERATING ENVIRONMENT.............................................................................. ............................3 Continuing PBR-Driven Cost Pressure...................................................................................................3 3 STRATEGIC INITIATIVES - AMALGAMATION......................................................5 GROWTH THROUGH AMALGAMATION ......................... ........5 4 ALTERNATIVES TO AMALGAMATION..................................................................6 GROWTH THROUGH ACQUISITION.............................................................................................................6 CONTINUE OPERATING AS A STAND ALONE UTILITY...............................................................................7 OUTSOURCING / JOINT VENTURE................................................................................................................8 OUTRIGHTSALE............................................................................................................................................8 OPERATINGLEASE...................................................................................................................................... 10 5 CONCLUSIONS AND RECOMMENDATIONS........................................................10 SUGGESTEDNEXT STEPS............................................................................................................................. 11 APPENDIX 1 - STATUS OF FORMER UTILITY BUYERS..............................................12 6ltrodugtim 000012 Page if NAvIGAN r C. VISOt 71 NG 1 INTRODUCTION Navigant Consulting was asked by Newmarket Hydro and Aurora Hydro .to undertake a high- level assessment of utility amalgamation vis-a-vis other strategic alternatives to determine if further due diligence on a possible amalgamation is warranted. During the past two years, regulatory uncertainty and transfer tax penalties have resulted in minimal movement toward a rationalized local distribution industry in Ontario. Recent changes, such as the re -introduction of a temporary transfer tax waiver and policy announcements by the new Ontario government, have restarted discussions among municipalities on possible utility merger combinations. It would seem prudent that management and shareholders of utilities in Ontario re -assess their strategic opportunities in light of these new developments. The following report uses a two-step approach to analyse the merits of a possible amalgamation of Newmarket Hydro and Aurora Hydro. First, the report describes the environment in which electricity distribution utilities must operate in Ontario, taking into consideration the current market rules and Navigant Consulting's expectations for future market developments. Secondly, the report considers the strategic opportunities available to electric utilities with an emphasis on amalgamation but with alternative strategies also considered. At this stage of the assessment, no financial analysis was performed and impacts are discussed in qualitative rather than quantitative terms. The objective of the report is to determine whether further discussion is warranted on amalgamating Aurora Hydro with Newmarket Hydro. The following five criteria will be used to arrive at a recommendation: Table 1 - Typical Shareholder Criteria Criteria Description Flexibility Does the opportunity provide the Flexibility to respond to changes in regulatory and operating environment over the long term? Does it preclude future changes in strategy? Value Creation/ Does the opportunity enhance value or better position the utility to retain long - Retention term value? Customer Rates What is the expected impact on customer rates? Control How much control will the municipal shareholder have over long-term direction of the utility? Risk How risky is the opportunity? Is there risk in not pursuing the opportunity? Introduction (100013 [P U$U L I i N i', 2 OPERATING ENVIRONMENT Since restructuring of the electricity market in Ontario started with the introduction of the Electricity Act 1998, municipalities and management of local distribution utilities in the province have been adapting to an environment where the only constant has been change. Utilities have had to adjust to everything from corporatization to wholesale market opening, all of which demanded a great deal of time and made for a difficult planning environment. Compounding this situation was the unpredictable nature of direct government intervention in Ontario's electricity marketplace. Some of the most influential ongoing factors and recent changes to the current operating environment are outlined below. PERFORMANCE -BASED REGULATION (PBR) In many jurisdictions, performance -based regulation (PBR) has been introduced to replace the old style cost -of -service or rate -of -return regulation, which was viewed by regulators and policy - makers as stifling innovation and causing management to focus more on regulators than on customers. Performance -based regulation uses financial incentives with appropriate checks and balances to influence the behavior of regulated utilities. The basic premise is that PBR will foster an atmosphere where utilities try to lower costs and improve service to customers while providing an acceptable return to their shareholders. Another key element of PBR is that all of these objectives are accomplished with minimal direct involvement by the regulator (although this has not been the case in Ontario). From an income statement point of view, the OEB sets maximum parameters for the utility's top line (revenue). Therefore, controllable expenses and capital expenditures must be squeezed in order for the utility to achieve the allowed return on equity (ROE). It is important to note that under PBR, a utility's rates, service and reliability are primarily driven by the Ontario Energy Board and that the level of municipal or shareholder influence over these factors has been significantly reduced. RECENT DEVELOPMENT IN ENERGY LEGISLATION Local distribution companies in Ontario have been operating in an uncertain environment for the past 18 months or so due to ever changing government policy. This situation has started to clarify somewhat, at least for local distribution companies (LDCs) in Ontario, with the introduction of the Ontario Energy Board Amendment Act (Electricity Pricing) 2003. The most relevant aspects of the Act for LDC's are: Operating Environment C Q0-Q14 Paget NAviGANT (GN 54 i T j N(i • Beginning April 1, 2004, local distribution companies (LDCs) would be allowed recover some of the regulatory assets associated with market restructuring. These recoveries are to be spread over a four-year period. • As of March 1, 2005, LDCs would be allowed to achieve their full commercial return. This increase would be conditional on LDCs reinvesting the equivalent of one year of these monies in conservation and demand management initiatives. The Ontario Energy Board Amendment Act (Electricity Pricing) 2003 received royal assent on December 18, 2003 and the Minister of Energy recently wrote to each LDC to notify them that they could apply for the April 2004 rate increase. These recent actions suggest that the new provincial government will be more supportive of municipalities and the electric distribution utilities that they own. Now that LDCs have the opportunity to earn a full return, municipal shareholders will have control over how this benefit is distributed and can allocate the wealth from increased dividends to municipal programs that they deem are the highest priority. Municipal owners will want to ensure that their utilities are best positioned to maximize this potential dividend. FUTURE OPERATING ENVIRONMENT Navigant Consulting believes that fundamental changes to the Ontario distribution sector will continue to occur in response to various pressures during the period covering the second generation PBR (ie. 2005 through 2008). Continuing PBR-Driven Cost Pressure Although little information is available on the second -generation PBR plan, it is safe to assume that the current comprehensive scheme (O&M, capital and losses) will be maintained. As a result, the pressure on controllable expenses will continue, with additional pressure to reduce capital expenses and power losses. Navigant Consulting expects that it will be difficult to achieve the required cost reductions over the long term without considerable restructuring of individual utilities (e.g., creating shared service entities), strategic alliances or mergers to seize upon economies of scale. While Navigant Consulting expects continuing cost pressure in the second generation PBR regmine, the magnitude of this cost pressure will be largely driven by two fundamental questions that need to be answered by the Ontario Energy Board: • Whether to rebase rates and by how much? Operating Environment 000015 c nry $u triffc • What is the appropriate X-factor (productivity factor), if any, by which distribution rates must be reduced on an annual basis?' Rebasing Rebasing occurs at the end of a pre -determined term of a PBR scheme. Prior to entering a new PBR scheme, utilities are required to submit operating cost and rate base information. Customer rates are then "rebased" to reflect the new costs associated with providing the service. If costs have increased, service levels have declined or service levels are at risk of declining, regulators may allow rates to increase, but the general regulatory bias is to rebase downwards (ie, putting additional cost pressure on utilities). As an example, rates for LDCs in Victoria, Australia were rebased downward by 9% to 18% in 2001 to reflect efficiencies gained during the previous 5 year PBR plan. This was a one-time event followed by annual productivity factors of 1% in the subsequent PBR plan from 2001 through 2005. When selecting the 2001 rebasing amount, the regulator decided that total efficiency gains would be split 70/30 between ratepayers and shareholders. This split creates an incentive for the utility to try and achieve these operating efficiencies. Navigant Consulting does not necessarily believe that the OEB will be as aggressive in rebasing prior to the second generation PBR plan; but experience in Victoria does serve as a good indication of what could happen in the longer term future. Regulators will expect certain productivity improvements to be made and the primary beneficiaries will be the utility's ratepayers. Service and Reliability Requirements Based on the results of the first generation PBR plan, the OEB is expected to tighten customer service and reliability requirements and implement meaningful penalties for LDCs that fail to meet these requirements. There are two implications stemming from this development. First, any degradation in service or reliability is likely to result in reduced payments to shareholders because of the financial penalties incurred. Secondly, smaller utilities may require proportionately more capital investment to ensure that service and reliability levels are maintained or improved to acceptable standards. Therefore, it will be imperative that distribution utilities are able to implement cost effective measures that improve service and reliability and still maintain expected returns for shareholders. The X-factor or productivity factor is the mechanism that the Ontario Energy Board uses to put downward pressure on rates. The first generation productivity factor was set at 1.5%, meaning that after accounting for inflation (only 0.4% in 2002), rates must then be adjusted downward by 1.5%. - Operating &ivirorvnent Page 000016 Nft(.-iANI- cOHSUIIING 3 STRATEGIC INITIATIVES -AMALGAMATION The previous section discussed a number of reasons why Navigant Consulting believes that future regulatory requirements will continue to emphasize operating efficiency, service and reliability improvements for Ontario LDCs. Those utilities that have the greatest operating flexibility will be best able to proactively respond to these cost pressures and satisfy both ratepayers and shareholders alike. One of the lowest risk strategies to obtaining this operating flexibility is to amalgamate with other electric distribution companies. GROWTH THROUGH AMALGAMATION Municipally owned utilities have the opportunity to merge with other government owned utilities and avoid paying the 33% transfer tax. In order to avoid the transfer tax, all agreements and regulatory approvals must be in place by March 28, 2005. An amalgamation with another utility can provide operating flexibility through the following features: • Staffing overlap may allow for aabour cost reductions. While employment cuts may be the fastest route to these savings, in many cases the savings can be realized through a combination of contract staff reduction, attrition, re -assignments and hiring freezes implemented while the much larger customer base continues to grow (For example, assuming 3% annual customer growth, staffing efficiency would increase by 15% over five years under a hiring freeze); • Integration of distribution systems to provide redundancy or avoid capital investment in expanded capacity; • Coordination of line crews and better response to emergencies; • Reduced purchasing cost for equipment and supplies through increased bulk purchasing power; • Joint effort on regulatory changes and responding to developers. • Attain $100 million in rate base faster which allows for greater leverage2 and the opportunity for enhanced value and a cash dividend to shareholders. A detailed analysis that quantifies the benefits of a merger between Newmarket Hydro and Aurora Hydro was beyond the scope of this report. Regardless of the eventual savings achieved, the combined utilities will be better positioned to respond to PBR-related pressure in the future. Utilities under $100 million in rate base are limited to a 50/50 debt to equity ratio. Utilities with rate bases greater than $100 million are allowed a 55/45 debt to equity ratio. Strategic Initiatives - Arnalgmnatian h!AvjCjANT CON $UITINC Why Consider Amalgamation? • Amalgamation is a low risk option to provide the utility with greater operating flexibility that should lead to lower costs, improved service levels and better reliability than compared to smaller stand-alone utilities; • Ratepayers could realize benefits through lower rates not available under the stand-alone option; • Amalgamation does not preclude other strategic options such as outsourcing, future sale or acquisition of other LDCs. Note that the larger size of the amalgamated utility may make the assets more attractive to potential buyers. • Shareholder's investment should see better value preservation and possibly value enhancement from improved efficiencies; Concerns Decision -making may be hindered by multiple shareholder structure in the absence of an effective governance model, however, regardless of ownership ` structure the 'level of municipal or shareholder influence over a utility's rates, service levels and reliability has been significantly reduced under PBR. 4 ALTERNATIVES TO AMALGAMATION This section discusses the primary strategic alternatives to amalgamation: growth through acquisition; continuing operation as a stand-alone utility; outsourcing/joint ventures; outright sale and entering into an operating lease. GROWTH THROUGH ACQUISITION As outlined previously, it is expected that successive generations of performance -based ratemaking will exert considerable pressure on utilities in the province to become increasingly efficient. One of the ways to improve operating efficiency is to expand the customer base through acquisition and capture potential efficiencies available through increasing economies of scale. Depending on the attractiveness of the utility for sale and the number of bidders, an acquirer will need to formulate a bid that offers value and commitments that exceed other bidders. One of the common features of many purchase offers is an employment guarantee that effectively delays potential integration savings. In addition, it will be necessary for the bidder to devise ways to implement cost reductions that exceed other competing bids; yet a significant portion of these savings will need to be passed on to the vendor in the form of increased value (or dib premium) Altenmtives to Annalgatnatim Page 6 000018 NAviGANT CONS❑IIING in order to win the bid. The extent to which value is passed back to the vendor will vary from transaction to transaction. However, this is perhaps the greatest source of risk in an acquisition since it creates a substantial minimum threshold point in terms of savings that must be achieved before the buyer sees a net benefit from the transaction.- If thepurchaserfails to achieve at least the savings that were reflected in the bid premium, they will be worse off then before the purchase. Why Consider an Acquisition? • Shareholder's investment should see better value preservation and possibly value enhancement from improved efficiencies. These efficiencies are potentially greater than under the amalgamation scenario. • Long term decision making should be easier due to single owner; Concerns • Significantly greater integration risk since a large portion of incremental value from efficiency savings has been passed on to the vendor; • Limited promising acquisition candidates for Newmarket Hydro or Aurora Hydro given their size and location. CONTINUE OPERATING AS A STAND ALONE UTILITY A decision to forgo opportunities to merge or acquire would leave the utility in a "business as usual" state. While this would minimize short-term risk and avoid the additional expenditures associated with a merger or acquisition scenario, it could significantly hinder operating flexibility going forward. The number of "levers" available to utility management to respond to pressures imposed by the regulator on operating costs, service and reliability are much more limited. In addition to self-imposed cost cutting and other efficiency improvement mechanisms, the only alternative for utility management is to consider outsourcing or joint ventures, both of which are discussed in further detail below. Why Consider Stand Alone? • Allows management to focus entirely on the day today operation of the business Concerns • Flexibility to respond to cost, performance and competitive pressures is limited and long- term value may be significantly compromised. Alternntim to Arnalgantation 000019 NftC.'iANT cu"$UMN6 OUTSOURCING / JOINT VENTURE While outsourcing of functions among LDCs in Ontario has been common for many years, it has typically been limited to tree trimming, meter reading or some line construction work. More recently, larger utilities have been moving to outsource back office functions of customer service, billing, IT, HR and finance. Outsourcing allows the utility to offload some of the operational risk associated with these functions through a contractual arrangement that provides more certain costs for these services. Some of the more notable outsourcing agreements in Canada include Cap Gemini / Hydro One and the recently formed Accenture Business Services (ABS), whose clients include Enbridge, BC Gas, Centrica, BC Hydro, and Enmax. Collectively, these companies serve over 5 million customers. Accenture Business Services currently offers services for IT, customer service (meter reading, billing, call centre, credit & collections), human resources, and financial support. In theory, outsourcing allows each party to focus on what they do best — delivering energy for a utility versus customer service for the service provider. Any economies of scale or scope that the service provider captures are shared with the client utility in the from of reduced costs. The magnitude of these savings depend on a number of things, including the number of customers involved, the length of the contract, the presence of employment guarantees and the relative efficiency of operation at contract commencement. Why Consider Outsourcing? • Some operating risk is passed on to the service provider; • Should reduce costs in the long run versus providing service in-house; Concerns • May limit the shareholder's ability to merge or sell the utility with outsourcing agreements in place; OUTRIGHT SALE If the shareholder of Aurora Hydro or the shareholder of Newmarket Hydro decide that owning and operating the local utility is not in their long-term interest, a sale of the assets or shares of the utility is the quickest and most simple method of exiting the business. There is an additional incentive to consider this option given the current transfer tax waivers that extends through March 28, 2005. The shareholders of the utilities would require OEB approval prior to this date; otherwise any sale transaction would be subject to a 33% transfer tax less PIL taxes paid to date. 3 Transfer tax waiver applies only to municipal utilities that are sold to other govemment-owned utilities. Alternatives to Amalgamation 0000,90 Page 8 NAviGANT t ON p0IS ING Current Market is Illiquid When the Electricity Act 1998 was first announced and clarified that ownership of MEUs rested with the municipality, many municipalities made the decision to sell. The transaction environment and market outlook at the time was very favourable to vendors, often resulting in sale prices that were well above the book value of assets. There were a number of well -financed bidders present who were encouraged by the Ontario market potential and the relatively straightforward market rules outlined by the Ontario government and the OEB. However, today's market is not nearly as buoyant. Many of the previous buyers have left the Ontario market for good, or at a minimum, reduced their expectation due to numerous changes to government policy. Appendix 1 identifies some of utilities that were previously active in the Ontario market and updates their present day status. It is true that the clarity provided in the proposed legislation announced by the new Ontario government should cause some private utilities to once again seek opportunities in Ontario. Unfortunately, the number of suitors will be fewer and the level of aggressiveness will be lower due to the: • Absence of many US players who continue to re -focus on their core domestic businesses; • Financial restrictions imposed on US and Canadian utilities by credit rating agencies in the post Enron era; • Continuing feeling that Ontario is a questionable place to invest. In this environment, it can be safely assumed that any present day transactions will be at prices lower than three years ago; however, the size of the discount is difficult to determine, Navigant Consulting believes that most transactions will be much closer to net book value rather than the 1.3 times and sometimes higher that was previously experienced. Why Consider Selling? • Value inherent in business is monetized, albeit at lower values than previously experienced; • Regulatory and operating risk has been entirely passed on to new owner, - Concerns • Illiquid market makes it difficult to determine potential sale price; • A transaction with a private bidder would trigger transfer tax, significantly reducing the net proceeds to the seller, • Municipality is no longer in control of the ultimate destiny of the utility. Alternatives to Anwlgamation 000021 NAvic:,ANT f ❑x3I,I I INC. OPERATING LEASE An operating lease provides an alternative to an outright sale that may have some attractive features for a municipality. In an operating lease, the MEU leases its distribution assets to a third party (lessee) who operates the utility for the term of the lease (usually 10 years). All new capital is funded by the lessee who also takes on all regulatory and operating risk for the term of the lease. At lease expiry, the lessee has an option to buy the balance of the assets. Why Consider an Operating Lease? • Provides a long term source of revenue for the municipality; • Avoids transfer tax; • The ownership and long term destiny of the asset remains with the municipality; Concerns • Illiquid market makes it difficult to determine lease value. 5 CONCLUSIONS AND RECOMMENDATIONS Navigant Consulting's analysis of the current and future operating environment for electric distribution utilities in Ontario indicates that operating flexibility will be the key to success. Utilities will need to be able to respond to continuing cost pressures from PBR, maintain or improve service and reliability levels, and respond aggressively to any new entrants. A summary matrix in the following table demonstrates that based on typical shareholder criteria, the most attractive strategic option is amalgamation, given that it: 1. Provides operating flexibility but does not preclude a strategic change of direction toward another opportunity (e.g future sale); 2. Has the potential to increase value for the shareholder; 3. Would likely lead to lower rates for ratepayers when compared to the stand alone option; 4. Would retain at least some control over the utility for the municipal shareholder; 5. Presents minimal risk to shareholders and ratepayers. Amalgamation presents a low risk, low cost opportunity that is even more attractive under the current transfer tax waiver period set to expire March 28, 2005. Therefore, in Navigant Consulting's opinion, it would seem a prudent course of action for the management of Newmarket Hydro and Aurora Hydro to continue discussions and due diligence toward an eventual amalgamation of the two utilities. Conclusions and Recommendations 006022 Page 10 NAvIGANT C ON i u IT IN CI Table 2 - Summary Matrix of Strategic Options versus Typical Shareholder Criteria Merger Stand Alone Acquire Out Source j0peratingCriteria SLease Flexibility + + Value Creation/Retention + 0 + Customer Rates + 0 + Control T + + + Risk + + + + Positive influence on shareholder criteria Negative influence on shareholder criteria Unknown outcome SUGGESTED NEXT STEPS In order to arrive at a decision to proceed with an amalgamation of Aurora Hydro and Newmarket Hydro, Navigant Consulting suggests that the due diligence focus on the following issues: • Develop a preliminary organization chart for the amalgamated utility; • Identify any areas of staffing overlap and potential solutions - attrition, re -assignment, grow into it, severance; • Billing & Customer Service integration - staffing, hours, software; billing cycles; • Distribution system integration - operational, reliability and capital investment impacts; • Impact on customer rates through rate harmonization, if any; • Potential governance model. Conclusions and RecomtuQndntions CO k S U LI ING APPENDIX 1 - STATUS OF FORMER UTILITY BUYERS Prior Bidders Current Status Publicly Owned • Hydro One • New management team now focused on system upgrades with no mandate to acquire • EPCOR • Recent focus on generation • Toronto Hydro • Uncertain capacity for acquisitions given unsuccessful venture into retail and impending new President & CEO • Enersource • Still a likely buyer with backing of Borealis pension money Canadian IOUs • Enbridge • Divestment of Cornwall Electric and establishing Wirebury may indicate no intention of future acquisitions. • Union Gas • New owner (Duke) appears to have no interest in expanding distribution assets in Canada • TransAlta • Now entirely focused on generation • Fortis • Acquired Cornwall Electric and appears interested in further acquisitions • Emera • Not currently active in Ontario RIM 61W • Utilicorp • Company now called Acquila has been restructuring to reduce debt by selling foreign assets, including Canadian assets. • AEP • AEP was one of the first U.S. utilities to exit Ontario and continues to sell foreign assets and focus on the US only • Sempra • Failed attempt at building gas distribution in Nova Scotia. Focus on commodity trading in Canada. Appendix I.— Status of Former Utility Buyers®QQ2/I Page 72 FOR IMMEDIATE RE EASE ATTACHMENT-3 arv<, 7Ti9 CibjA4w T"ronw February 19, 2004 PROPOSED MERGER OF HYDRO UTILITIES TO CREATE ONTARIO'S 3rd LARGEST LOCAL DISTRIBUTION COMPANY MARKHAM & VAUGHAN, ON — Building upon the success of their joint purchase of Richmond Hill Hydro Inc. (RHHI) in 2001, Hydro Vaughan Distribution Inc. (HVDI) and Markham Hydro Distribution Inc. (MHDI) are pursuing a merger of their two utilities along with RHHI. If implemented, the merger of the three utilities would result in the creation of the 3rd largest local distribution company in the province, delivering electrical power to more than 190,000 residential and business customers, "The rationale behind our merger discussions is a strong belief that it will ultimately benefit all stakeholders including the consumers in each of the three municipalities," said Vaughan Mayor Michael Di Biase. "By combining the customer, asset and skill bases of the three utilities, this partnership enables us to realize economies of scale and provide consumers with more efficient service," commented Markham Mayor Donald Cousens. Discussions on how to maximize efficiencies among the three utilities began last year, following Hydro Vaughan and Markham Hydra's joint purchase of Richmond Hill Hydro. The Ontario government's announcement in March of a transfer tax holiday for utilities considering an amalgamation, removed a key financial impediment to a merger. The two utilities set up a joint steering committee to investigate all options and provide recommendations to each of their Boards. KPMG LLP was hired to facilitate the process. If the remaining issues are successfully dealt with, HVDI and MHDI expect that the transaction will be completed some time in the second or third quarter of 2004. The final agreement is subject to both the approval of HVDI's and MHDI's Board of Directors and that of their respective shareholders - the City of Vaughan and the Town of Markham, Further, the merger requires the approval of the Ontario Energy Board. Public consultation sessions will be scheduled for customers, residents and the general public to get additional information and provide comments on the merger. Hydro Vaughan Distribution Inc. and Markham Hydro Distribution Inc. are incorporated companies owned by the City of Vaughan and the Town of Markham respectively. Each utility has 50 percent ownership of Richmond Hill Hydro Inc. Media Contacts: Vaughan Mayor Michael Di Blase Susan Kadis, HVDI Board Chair 905-832-22BI Ext. 8340 (Di Blase) o� 8349 (Kadis) Email: michael.diblaseavalighan,ca susan.kadisC�va_ugha n.rg 30- Markham Mayor Donald Cousens Deputy Mayor Frank Scarpitti, MHDI Board Vice -Chair 905-475-4872 (Cousens) or 905-475-4a99 (Scarpitti) Email: dcousens(c markham ca fscaroitti markham ca (1100®25 ATTACHMENT-4 Borealis Hydro Electric Holdings Inc. 215Industrial Parinvgp South, P.O. Bar 157 Aurora, ON L4G 3H3 Telephase (905) 717-J612 !ax (905) 727-5619 February 26, 2004 Town of Aurora 100 John West Way Aurora, ON L4G 6J1 Attention: Mr. Larry Allison CAO Dear Mr. Allison Re: Amalgamation Assessment Aurora and Newmarket Hydro Corporations Dear Mr. Allison: FEB 2 i 2004 ADMINi6I HATION At the February 18th, 2004 Board of Directors Meeting, the Board reviewed the Navigant Consulting Ltd. report entitled Newmarket Hydro & Aurora Hydro Amalgamation Assessment. The Board endorsed the report based on its conclusions and recommendations and agreed that a further review of the merger opportunity would be in the best interest of the utility. The President of Aurora Hydro will engage in a study of the results of an amalgamation with the President of Newmarket Hydro Ltd.; such study to be subjected to a peer review by Navigant Consulting Ltd. for consideration by the Board of Directors of Borealis Hydro Electric Holdings Inc. and the Council of the Town of Aurora. Key points related to this position are; • greater operating flexibility in responding to the future cost pressures expected in the electricity distribution sector 000-026 Larry Allison February 26, 2004 Page 2 • a merger with other distribution companies represents a low risk strategy to obtain operating flexibility there is currently a 33% transfer tax holiday for mergers with other government owned utilities up until March 28, 2005 a detailed study of a merger with Newmarket Hydro Limited will ensure that the customer and shareholder interests will be continue to be served well by Aurora Hydro Connections Limited The Board passed the following motion endorsing the principle of amalgamation and support further study of merger results to be undertaken by staff. Moved by Cal White Seconded by Jane Murray That the Board endorse the principle of amalgamation with regard to the conclusions and recommendations in the Navigant report and make such recommendation to the Shareholder for a further staff review of the benefits to an amalgamation with Newmarket Hydro. Yours truly, AURORA HYDRO CONNECTIONS LIMITED J.o n L. Sanderson, P.Eng. President & CEO JLS/cm cc: Borealis Hydro Electric Holdings Inc. Directors 00002'7 TOWN OF AURORA COUNCIL REPORT SUBJECT: Parking Enforcement on Private Property FROM: Bob Panizza DATE: April 6, 2004 RECOMMENDATIONS AGENDA ITEM # g,_] No. CSO4-08 THAT Council authorize the expansion of parking enforcement on private property to independent security companies approved by the property owner. BACKGROUND At the General Committee meeting held on November 19, 2002, Council approved a pilot project involving Machell Corners Housing Co-op hiring a private security company to enforce certain parking restrictions on their property. The pilot project at the time was limited to one property and security firm since this was the first time that the Town of Aurora had entered into such an arrangement. Staff wanted to ensure that the program was operating smoothly before expanding it to additional properties. COMMENTS The private security firm began enforcement patrols in February 2003 on the Machell Corners Housing Co -Op, and staff have been monitoring the pilot since the beginning for compliance with the Town's procedures as well as any complaints from the Co-op. To this date, staff have not received any concerns from the co-op regarding the security firm's performance/enforcement, and furthermore the Co-op is requesting that the program is continued. A letter supporting this program is attached as Appendix #1. The security firm has indicated to staff that it has had inquires from other properties in Town asking for the provision of a similar service for their properties. Staff have also been approached by three new contractors interested in providing services to potential sites in here in Aurora. 000028 April 6, 2004 - 2 - Report No. CS04-08 The re -location of the driver examination centre to 1 Henderson Drive has also created a private property parking issue for the tenants and users of the plaza. Staff have had discussions with the representative for the property owner and he is providing security/parking enforcement currently on the site, however the security firm is not empowered to issue parking violation notices. It would be advantageous if the officers on site had the authority to issue violation notices to deter the unwanted parking thereby freeing up staff's time to patrol Town roads. Any new firms that may be authorized would be required to comply with the same requirements that the pilot contractor has already met. The property owner pays for the service provided by the security company and all revenue generated from parking violations/fines would be directed to the Town. Should a resident request a trial; the officer would be responsible to attend Court. As in the pilot project, should a contractor fail to meet the requirements of the Town or the Town receives negative reports on the misuse of a contractor's authority, their participation in the program will be revoked. Attached as Appendix #2 is a copy of the proposed agreement that would be executed between the Town and the security firm before authorization is granted. OPTIONS In lieu of expanding the proposed parking enforcement services to private firms, Council may wish to retain the authority within the jurisdiction of Town staff only. FINANCIAL IMPLICATIONS As in the pilot project, there are no direct costs associated with the expansion of this project. Any revenue generated as part of this program would be directed to the Town. CONCLUSIONS Based on the results of the pilot project, the introduction of private companies to perform parking enforcement on private property has been relatively successful. It is staff opinion that the expansion of the service to other private property will be beneficial to the Town in order that staff resources can be redeployed to enforce parking on Town roads. April 6, 2004 - 3 - Report No. CS04-08 LINK TO STRATEGIC PLAN Goal A To maintain a well -managed and fiscally responsible municipality. ATTACHMENTS Appendix #1 - Letter of recommendation from Machell Corners Housing Co-op Appendix #2 — Sample Agreement PRE -SUBMISSION REVIEW Management Team Meeting — March 24, 2004 Prepared by: Chris Alexander ext. 4241 Director of Corporate Services I..RC 0WO APPENDIX #1 MACHELL'S CORNERS Housing Co-operative Inc. 165 Preston Thompson Place, Aurora, ON L4G 6T1 Phone (905) 841-5036 Fax (905) 841-0435 September 15, 2003 Mr. Chris Alexander Bylaw Services Co-ordinator Box 1000 100 John West Way AURORA, ON L4G 6J 1 Dear Mr. Alexander Re: Pilot Proiect for tagging vehicles As the pilot project (third party tagging) draws toward the end of its term, the purpose of this letter is to inform you that our co-op has been pleased with the services provided by Private Parking Control and to request that this process continues. As you will recall, we asked for this pilot project in an attempt to stop our co-op members from parking in spaces reserved for visitors. For quite a few months now, parking has become practically a non -issue. It's obvious that what we have implemented is working, and working well. Is there any reason why it cannot continue beyond the "pilot project" stage? Respectfully yours, ndrew Oliver Co-op Manager Cc: Doug Cloughton, Private Parking Control 000,031, APPENDIX #2 THIS AGREEMENT dated the day of BETWEEN: THE CORPORATION OF THE TOWN OF AURORA (hereinafter called the "Town") OF THE FIRST PART -and- (hereinafter called the "Company") OF THE SECOND PART WHEREAS at the request of the Company, Officers have been appointed as Private Bylaw Enforcement Officers by the Town under Section 15 of the Police Services Act, R.S.O. 1990, Chapter PA 5, for the purposed of enforcing Municipal Parking Bylaws enacted under Section 11(1) of the Municipal Act 2001,S.0. 2001, C25 with respect to the property more particularly set forth in the Schedules to Bylaw. AND WHEREAS the Officers are employees of the Company; AND WHEREAS the Officers have been trained by the Company and the Company has represented the Officers to be persons qualified to enforce the aforesaid Bylaws; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and other terms and conditions hereinafter contained and the sum of One Dollar ($1.00) of lawful money of Canada now paid by each of the parties hereto to the other (the receipt and sufficiency whereof is hereby acknowledged), the parties hereby covenant, promise and agree each with the other as follows: The Company hereby acknowledges and agrees that the Officers have been appointed as Private Bylaw Enforcement Officers by the Town upon the terms and conditions set out in this Agreement and the Company agrees to be bound for itself and its Officers by the terms of this Agreement. 2. The Company agrees with the Town that the Company will supervise the Officers on behalf of the Town in accordance with the instructions and directions of the Director of Corporate Services of the Town (hereinafter called the "Director"), provided the Officer hereby acknowledges that he performs all his duties and exercises all of his powers as set out in this Agreement under the ultimate supervision of the Director and wherever there is a conflict or variance between the instructions and direction of the Director and those otherwise issued by or on behalf of the Company, the Officer shall comply with those instructions and directions issued by the Director. 3. The Company agrees to comply with all instructions and directives of the Director. 4. The Company agrees that the activities of the Officers in their capacity as Private Bylaw Enforcement Officers shall be limited by the following parameters: 0Q0.0 2 a) Officers shall only issue certificates of Parking Infraction and Parking Infraction Notices under Part II of the Provincial Offences Act, R.S.O. 1990, Chapter P.33. b) Such certificates and notices shall only be'issued with respect to vehicles parked upon private property or properties designated by the Director from time to time. Without limiting the generality of the foregoing, the Company and its Officers shall be responsible for ascertaining from time to time which properties are so designated by the Director. c) The Officers shall exercise no further powers as a Peace Officer other than as specified in Items (a) and (b). d) The Company's Officers shall purport to exercise the powers specified in Items (a) and (b) only while their appointment as Private Bylaw Enforcement Officers is in full force and effect and has not lapsed or been suspended or terminated, only while each is an employee for the Company and only while each is acting within the scope of his employment with the Company. e) Without limiting the generality of the foregoing, the Officers shall not, while exercising or purporting to exercise any powers as Private Bylaw Enforcement Officers, use any force whatsoever or purport, threaten or imply that force will be used against any person. 5. The Company hereby acknowledges and agrees that the Town, in its sole discretion, may revoke the appointment of any Officer at any time without prior notice to the Officer or the Company, and further, it is agreed by the Company that the Town need give no reason for such revocation in revoking any such appointment. The Company hereby agrees that it will, from time to time and at all times hereafter, well and truly save keep harmless and fully indemnify the Town, its elected officials, employees and agents and its successors and assigns, from and against all actions, claims and demands whatsoever which may be brought against or made upon the Town and against all loss, liability, judgements, claims, costs demands or expenses which the Town may sustain, suffer or be put to resulting from or arising out of the appointment of any Officer as a Private Bylaw Enforcement Officer and their exercise of any powers as Private Bylaw Enforcement Officers or their purported exercise of any powers as a Private Bylaw Enforcement Officer or agent of the Town, whether within the scope of this Agreement or otherwise. 6. For the purpose of this Section "costs" shall mean those costs awarded in accordance with the order of a court of competent jurisdiction, the order of a board, tribunal or arbitrator or cost negotiated in the settlement of a claim or action. The Company also agrees that it shall, at its own expense during the term of appointment of Officers as Private Bylaw Enforcement Officers, cause to be maintained a comprehensive general liability, policy of insurance in all respects, satisfactory to the Director of Corporate Services of the Town. 8. Such coverage shall include: a) personal injury coverage and public liability and property damage coverage against loss or damage resulting from bodily injury to or death to one or more persons and loss of or damage to property of the Town or any other public or private property resulting from or arising out of any act or omission or the part of the Company, and its agents; -2- 00€1033 b) a $3,000,000.00 limit of coverage; c) the Town as an additional named insured; and d) a cross liability/severability of interest clause. 9. The Company further agrees that the coverage provided by the policies specified in Section 8 will not be changed, amended, or cancelled by the Company until sixty (60) days after written notice of such intended change, amendment or cancellation has been personally delivered to the Director of Corporate Services of the Town and such change or amendment has been approved by him. 10. The Company shall deliver proof of insurance to the Director of Corporate Services in a form satisfactory to the Director upon the execution of this Agreement and before any Officer commences to exercise any powers as a Private Bylaw Enforcement Officer and thereafter evidence satisfactory of the annual renewal of insurance shall be delivered to the Town at least three (3) clear weeks before the termination thereof. 11. The Company and their Officers for themselves, their successors and assigns, covenant and agree to comply with the provisions of this Agreement. 12. Unless the contrary intention appears the word "Town" shall include its successors and assigns and if the owner is a female person this Agreement shall be read with all grammatical changes appropriate by reason thereof and all liabilities and obligations on the part of the Company and Officer shall be joint and several. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their respective proper signing officers in that behalf duly authorized. THE CORPORATION OF THE TOWN OF AURORA Mayor Clerk Name of Company: Authorized Officer of Company: Title: Signature: Witness: Date: (Please print) (Please print) (Please print) a QQQ03J THE CORPORATION OF THE TOWN OF AURORA TO THE CORPORATION OF THE TOWN OF AURORA REQUEST FOR AUTHORITY TO ACT ON OWNER'S BEHALF BYLAW NO. 3377.92, AS AMENDED Property Owned By: (Name of owner) Mailing Property Address: Property Manager: (Please print) Phone Number: As defined in Bylaw No. 3377-92, as amended (we are)/(I am) the Owner(s) of the above described property, and (we)/(I) hereby request authorization for (Please print name) to act on (our)/(my) behalf for the enforcement of the provisions of Bylaw No. 3377-92, as amended at the above described property, to attend at the Provincial Court as may be necessary, and to use only Town of Aurora Parking Infraction Notices, Authorized Signature (SEAL) (if applicable) IMPORTANT NOTE: This authority will only be approved on the condition that Town of Aurora Parking Infraction Notices are used. Authority may be withdrawn for non-compliance. 000036 THE CORPORATION OF THE TOWN OF AURORA CURRENT LIST OF COMPANY'S OFFICERS APPOINTED FOR AURORA From: Name: Address: Phone No: To: Town of Aurora 100 John West Way Aurora, Ontario L4G 6,11 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Fax No: ATTENTION: Director of Corporate Services Phone: (905) 727-3123 Fax: (906) 726-4732 Authorized Signature Date 00003 AGENDA ITEM #3 TOWN OF AURORA GENERAL COMMITTEE No. CSO4-11 SUBJECT: Licensing of Restaurants/Food Serving Establishments FROM: Bob Panizza, Director, Corporate Services DATE: April 6, 2004 RECOMMENDATIONS THAT this report be received for information and that the licensing of restaurants and other food serving premises not be considered at this time. BACKGROUND At the General Committee Meeting held on March 2, 2004, a presentation was made by a delegate expressing concerns regarding criminal charges laid against the owners of a restaurant in Town, and the fact that the Town was not in a position to take any action against the owners of the business since it is not licensed by the Town. As a result of this delegation, staff were requested to investigate the financial implications of licensing eating establishments in the Town and report back to Committee. The issue of licensing eating establishments has been reviewed on several occasions. Staff presented reports to Council in June 2001 and January 2002 regarding this topic as a result of a request from the Region's Health Department (Appendix #1 & #2). It should be noted that the licensing of businesses such as restaurants is within the jurisdiction of the local municipality. The Region does not have this authority. The reason forthe Region's request was to compel eateries to post their health inspection for the public. Council decided not to license eateries at that time citing that there did not appear to be a health concern based on the low number of complaints and charges laid against Aurora eating establishments. COMMENTS Legislative Requirements The legislation associated with business licensing has changed significantly since 2001. The new Municipal Act 2001 has introduced a number of restrictions and requirements on municipalities that limit which businesses can be licensed and how they are regulated. 000038 April 6, 2004 - 2 - Report No.CS04-11 Among the changes is the requirement for the municipality to provide a rationale for licensing a class of business that must meet one or more of the_following criteria: health and safety of its residents nuisance control consumer protection Other effects of the new Act impacted the licensing fees that may be charged by a municipality. Historically, license fees were established by the municipality based either on fee comparisons with nearby municipalities or alternatively on an independent rate determined by the governing municipality. This foregoing practice is no longer practical. Under the new legislation, every municipality in the Province must now justify the fees being charged to licensees, which means that only the costs associated with the administration, enforcement and prosecution of a class of business can be charged back to the licensee. For example, if the municipal costs associated with licensing taxicabs is $6,000.00 and there are 100 licensed taxicabs, the cost of a taxicab license would be $60.00. The municipality must be in a revenue neutral or cost —recovery position only. The licensing of businesses cannot be a revenue generator for the municipality. There are currently 61 eateries in Town ranging from donut shops to establishments that serve full -course meals. The following is a summary of the costs that can be incorporated in the calculation of a license fee. License Fee Calculation HR Components By-law Preparation Costs Administration Costs Inspection Costs Enforcement Costs Prosecution Costs Total HR Costs Direct Expenditures Total Overhead Cost Total Technology Cost Licensing Expenditures Total Direct Expenditure Costs License Fee = Total HR Costs + Direct Expenditure Costs The cost of each license class would be calculated by dividing the total costs by the number of licensees. In the case of eateries, the costs would be shared by the 61 eateries in Town. April 6, 2004 - 3 - Report No.CSO4-11 Legislative Powers As the delegate pointed out at the March 2, 2004 General Committee Meeting, without a business license requirement for eateries, the Town is powerless to take action against a' business if it is found to be in contravention of any law or by-law. Where a municipal license is required, the municipality can regulate the business and may also place conditions on the licensee and where warranted, suspend or revoke a license. Any action taken by staff that considers the suspension, revocation or the placing of conditions on a license can be appealed to Council for review. Staff cannot arbitrarily take any punitive action without the option of appeal. If the applicant does not agree with Council's decision, a request for a judicial review may be brought to the Superior Court of Justice for a review of Council's decision. Regulatory Authority Although the municipality has the authority to enact a by-law to license and regulate eateries in the Town, the majority of the regulatory controls rests with the Region of York Health Dept. Restaurants and otherfood handling establishments must meet strict health guidelines that govern food serving, cleanliness and sanitation, temperature control for food storage etc. The Town's only involvement at the present time is through fire and building regulations which govern seating capacity and access/egress. The addition of licensing would not significantly change the regulations currently in effect, but may assist in addressing more serious issues such as illegal activities within the premises. OPTIONS As outlined Council has the discretionary authority to enact a by-lawto license and regulate eating establishments. However, if this option is considered, staff recommends that a public forum be established in order to receive input from all operators of eateries in Town before any further action is considered. The Municipal Act 2001 provides that a public meeting must be held before Council may consider enacting or amending any licensing by- law. FINANCIAL IMPLICATIONS The costs associated with the licensing of eateries must reflect the cost of the program. Staff are currently assembling data on the costs associated with the current license classes to calculate new justified fees for our current licensees. It is unclear at this time what the costs would be to eateries in Town for a license or if any additional staff may be necessary. (100040 April 6 2004 - 4 - Report No.CSO4-11 CONCLUSIONS Business licensing can no longer be a revenue generator fora municipality. All costs have to be accounted for and only those costs associated with a particular class of business can be charged back to that business. The licensing of any business does provide the municipality with a tool to deal with problems should they arise with a licensees and the operation of their business. Underthe new legislation, the decision to license any class of license must be justifiable. The City of Toronto's Eatery By-law was recently challenged and it was upheld under the health and safety provision of the new Municipal Act. The decision to license any class of business must be tempered by the need. As proven in the City of Toronto decision, municipalities have the right to license eateries. The question is if there is a need. The recent set of events that lead to the delegation illustrates that there may be a need. Council must consider whether one incident at one of 61 premises warrants the licensing of all 61. On the other hand, Council may also considerthe licensing of eateries as a tool to deal with similar problems in the future should they arise. LINK TO STRATEGIC PLAN Goal C To promote a high quality of life and public safety ATTACHMENTS Appendix #1 — Staff Report June 19, 2001 Appendix #2 — Staff Report January 8, 2002 PRE -SUBMISSION REVIEW Management Team — March 31, 2004 Prepared by. Chris Alexander, By-law Services Co-ordinator dty, NUMN Bob Panizzif Director of Corporate Services 000041 hr�nofq`^ TOWN OF AURORA o„ d EXTRACT FROM GENERAL COMMITTEE MEETING n Rau NVw M1otl6411MniC. NO. 04-08 HELD ON TUESDAY, MARCH 2, 2004 & ADOPTED BY COUNCIL ON MARCH 9, 2004 V DELEGATIONS Mrs. Kathy Banks Re: Request for Licensing of Aurora Eateries Mrs. Kathy Banks addressed the Committee requesting the consideration and support of licensing Aurora eateries. Moved by Councillor Kean Seconded by Councillor Morris THAT the comments of the delegate be received and referred to staff to investigate financial implications of licensing eateries and report back to the General Committee in April. CARRIED 000042 APPENDIX #1 TOWN OF AURORA GENERAL COMMITTEE REPORT No. CS01-018 SUBJECT: Licensing of Restaurants/Food Serving Premises FROM: Bob Panizza, Director of Corporate Services DATE: June 19, 2001 RECOMMENDATIONS THAT Council receive the attached report and proposed by-law; and That the report be circulated to the Chamber of Commerce and restaurants/food serving premises in the Town for their input; and That this report be brought back to a future Council meeting for consideration. BACKGROUND In February 2000 the Toronto Star published a series of articles regarding the inspection of restaurants and food premises in Toronto. In response to this the City implemented an amendment to it's licensing by-law that introduced a new rating system that required the posting of notices issued by the Health Dept. On August 24, 2000, York Regional Council adopted the recommendation of the Health and Social Services Committee to implement a rating system for restaurants similar to Toronto. In adopting the report, the Committee directed staff to meet with the stakeholders involved including staff from the local municipalities. Staff from the Health Department met with representatives from the local Chambers of Commerce, the food Industry and local municipalities on three occasions. These meetings produced a shift away from the proposed "rating system" that was originally suggested to a "disclosure system" which would see operators post a notice prominently in their establishment indicating that the premises was inspected by the health department and if further information was required where to call. Industry stakeholders in the Region feel that the Toronto "rating system" is unfair because the "yellow" gives a lasting impression that there is a problem in the premises. At the May 24, 2001 Regional Council meeting, Council adopted Report No. 5 of the Health and Emergency Medical Services Committee which outlined five alternate "rating" system 000043 June 19, 2001 - 2 - Report No. CS01-018 options, (Attachment No. 1). These options were received and deferred however until such time as the area municipalities enact licensing by-laws implementing a rating system for food premises. Presently neither the Region nor local municipalities have the jurisdiction to compel food premises to post notices issued pursuant to the Health Protection and Promotion Act. (H.P.P.A.) Further, the Region does not have the jurisdiction to pass licensing by-laws and therefore cannot require restaurants to post these notices. It is for this reason the Region has been working with the local municipalities to implement a licensing by-law that would contain provisions requiring the posting of notices issued by the Health Department. COMMENTS Currently, the Health Department does not have a mechanism to deal with habitual offenders who are constantly found in violation of the H.P.P.A. Once a restaurant has corrected any deficiencies that resulted in an order, the Health Department has to permit it to continue it's operation. For the most part these deficiencies are unknown to the public. The purpose of licensing restaurants would achieve two goals. Firstly the by-law would create greater public awareness through the requirements to post the notices issued bythe Health Department, and secondly a new dimension of safety would be introduced through annual inspections by the Fire Department. Currently only Markham, Vaughan and Whitch urch-Stouffville license food premises in the Region. The extent of the licensing varies in each municipality, however types of premises that would be considered as part of the Town's by-law would be concentrated on "eat in " facilities such restaurants, banquet halls and "take out" prepared food premises i.e, pizza, subway type sandwiches, donut stores etc. The following are the roles of the Health Department and Town staff in the administration and enforcement of the proposed by-law: Function "Health Department Town Staff Inspection by Fire and Administration of the By-law Department By-law Annual renewal of the licences Where Health staff find a Inspect premises for violation, the posting of a compliance with posted Enforcement of the notice will be required. regulations By-law Annual health insp. for licence Investigate complaints such renewal as safety, seating capacity, noise, zoning violations. Prosecution of the By-law All prosecutions will be prepared by staff 000044 June 19, 2001 - 3 - Report No. CS01-018 FEES The fees currently charged by licensing authorities vary in rates. It is proposed that the license fee charged by the Town be established at $50 to cover the costs of the inspections conducted by the By-law Enforcement staff for compliance with the posting of notices as well as the annual Fire Dept. inspections. Municipality Licence Cate ories Licence Fees Markham Restaurants $50.00 to $200.00 depending on seating Vaughan Restaurants $150.00 initial Food Stores $125.00 renewal Whitch urch-StouffviIle Restaurants $35.00 According to Health Department records there are approximately 78 restaurants/food premises in the Town that would be affected by this by-law. OPTIONS Council may direct staff to continue to investigate other options for enforcement with the Region of York or decide not to pursue this issue at this time. CONCLUSIONS Due to the rapid population growth in York Region and the corresponding increase in the number of restaurants and food serving premises, the Regional Health Department proposes to introduce a more proactive role in the inspections thereby creating greater public awareness and notification on the quality of food handling and health matters in restaurants. In order to achieve this goal a joint effort between the Region and local municipalities is required to implement the described regulations. The introduction of municipal licensing in turn provides the opportunity to meet the health and safety standards expected by the general public. (100045 June 19, 2001 - 4 - Report No. CS01-018 FINANCIAL IMPLICATIONS If the licensing of restaurants is pursued, the revenue generated by the licences must reflect the cost of administrating and enforcing the licences. Although there will be additional work required to administer and enforce such a program, it is not anticipated that additional staff will be required at this time. It is therefore proposed that a nominal fee of $50.00 be charged for a license. This fee is expected to cover the basic administration costs to the Town to undertake the necessary inspections by the By-law Enforcement staff and Fire Department to ensure that business owners comply with health and safety regulations. LINK TO STRATEGIC PLAN Goal A To maintain a well managed a fiscally responsible municipality. RM Incorporating measures into Town policies and programs which contribute to a safe living and working environment. ATTACHMENTS 1. Report No. 5 of the Health and Emergency Medical Services Committee 2. Draft by-law PRE -SUBMISSION REVIEW Management Team Meeting — June 13, 2001 Prepared by; Chris Alexander ext.241 Bob Panizza Director of Corporate Services 00001 ! s APPENDIX #2 TOWN OF AURORA GENERAL COMMITTEE REPORT No. CS02-001 SUBJECT: Licensing of Restaurants/Food Serving Premises FROM: Bob Panizza, Director of Corporate Services DATE: January 8, 2002 RECOMMENDATIONS THAT Genera! Committee receive the attached background information and provide direction on this matter. BACKGROUND On June 19, 2001 a report was presented to General Committee regarding a proposal to license restaurants and food serving establishments in the Town. This proposal was turned down by General Committee, and the Region of York was advised accordingly. Recently however the Region of York Council adopted a recommendation from the Health and Emergency Medical Services Committee for staff to re -send the background information package and requested that each Municipal Council inform the Region of the status of their initiative to have local municipalities introduce licensing of restaurants and other food serving premises. COMMENTS Attached for Committee's review is a copy of the background information provided by the Region of York as well as the report prepared by Town staff in June, 2002 OPTIONS Council may direct staff to pursue licensing options or, advise the Region of York that the Town does not wish to pursue this issue at this time. 00004 January 8, 2002 - 2 - Report No CS02-001 FINANCIAL IMPLICATIONS None LINK TO STRATEGIC PLAN Not applicable at this time. ATTACHMENTS General Committee Report dated June 19, 2001 Region of York Background Information PRE -SUBMISSION REVIEW Management Team Meeting — January 3, 2002 Prepared by: Bob Panizza ext. 221 Bob Panizza Director of Corporate Services 000048 TOWN OF AURORA GENERAL COMMITTEE REPORT SUBJECT: DriveTest Examination Centre —Update FROM: Bob Panizza, Director, Corporate Services DATE: April 6, 2004 RECOMMENDATIONS AGENDA ITEM # No. CSO4-010 THAT the proposed Byelaw No. 4599-04.P to amend the Town's Driving School By law be enacted. BACKGROUND In September 2003, the Ministry of Transportation privatized driver testing/examinations in the Province of Ontario. The contract was awarded to Serco Des Inc. which operates under the name of DriveTest here in Ontario. Serco was mandated in their contract with the Province to vacate all the Driver Examination Centres from the Ministry offices including the one in Aurora that was formerly located at Bloomington Side Road and Yonge Street. Serco's contract with the Province also required it to eliminate the backlog of driver examinations created by the 2002 Provincial workers strike and last year's SARS epidemic that forced the temporary closure of the driver examination centres in the Province. The Aurora office was subsequently moved to the Dominion Plaza at 1 Henderson Drive, and shortly after the office opened the Town began to receive complaints about increased driving school activity on the property as well as in the immediate area. As a result of the community concerns, Council requested staff to investigate and report. A report was presented to Council on October 14, 2003 (Appendix #1 attached) which outlined the details of the driver examination centre and it's conformity with the Town's zoning by-law. At the October 14, 2003, Council Meeting, the Council adopted the staff report which included a number of recommendations namely: Working with DriveTest Staff to lessen the impact of the Examination Centre on the property and the surrounding area Working with the property owner in the reconstruction of Henderson Drive scheduled for 2005, to improve the flow of traffic in the area Increasing enforcement of the Driving School By-law 000049 April 6, 2004 - 2 - Report No. CSO4-10 • Amending the Licensing By-law to include the area around 1 Henderson Drive in the "Restricted Area" provision of the by-law to prohibit driving school instruction in the area Council also directed that a letter be forwarded to Greg Sorbara M.P.P. and the Minister of Transportation informing them of the concerns created by the new Driver Examination Centre and asking them to intervene in order to resolve the problems that have been created by the centre. At the February 10, 2004 Council Meeting, Council inquired whether the Town had received a response from Mr. Sorbara's office concerning the traffic and congestion issues surrounding the Driver Examination Centre at 1 Henderson Dr. As a result of the inquiry, a second letter was forwarded to Mr. Sorbara's office requesting his response to the issues. COMMENTS Since the time the report was filed with Council in October, staff have met with the plaza's property manager and representatives from DriveTest on several occasions to discuss the issues related to the examination centre. The property manager agreed to implement a parking plan and security for the parking lot to ensure that driving school instructors did not monopolize the parking and ensure the lot is kept safe for all users. In addition staff also began to monitor the area around 1 Henderson Drive for driving school activity particularly on weekends and evenings. With the arrival of winter, the activity at the examination centre has dramatically decreased and correspondingly the calls from residents in the neighborhood. Notwithstanding this, staff are concerned that with the advent of Spring and Summer, the activity at this location will again increase. Recently staff met on site with a representative from Greg Sorbara's Office and explained the concerns and complaints received from the tenants on the property as well as the residents in the area. Mr. Sorbara's representative was urged to look at opening additional facilities in the Region particularly in the southern part of York Region to service the residents there and from Toronto, thereby reducing the volume of activities at the Aurora centre. As previously outlined, the number of complaints and calls concerning the DriveTest Centre have decreased dramatically since the onset of the winter. Staff met with the manager of the centre on March 3, 2004, at which time he advised Town staff that the centre has laid off one third of their examiners now employing 13 examiners down from 21 when the centre opened in September 2003. 000050 April 6, 2004 - 3 - Report No. CS04-10 During a recent two week period, staff monitored the plaza parking lot on a daily basis for driving school activity and general congestion and compiled the following data. Date - Time AM PM -' Number of , `' Driving Schools,. AM PM Officers Observations March 8 2:30 4:30 6 8 Parking lot quiet March 91H2:00 - 7 - Parking lot quiet March 1 oth- 4:15 - 5 Rear parking lot bus March 111510:00 2:30 8 9 Busy but not congested March 12 fn9:00 4:00 8 6 Busy but not congested March 13 - 12:00 - 0 Saturday centre closed —no practising March 15 - 3:00 - 6 Parking lot quiet March 16 9:00 2:00 9 6 Busy but not congested March 17 n- 3:00 - 10 Busy but no serious difficulties March 18 - - March 19 Staff have spoken with the property owner's agent and he indicated that the number of complaints that he has received has also dropped off dramatically. The security patrols on the property continue, but the previous congestion that was originally reported has diminished. Staff have contacted the Aurora Village Co-op located beside the plaza. They had expressed a concern with the centre and its operation when it initially moved in to the plaza. They indicate that there has been a drop in the driving school activity, but would still like to see it moved. Although the volume of driver examinations may be substantially reduced, as a precautionary measure to ensure that driving school operators do not conduct their training on the residential streets near the examination centre, staff recommends that the proposed by-law, included with this report as Appendix #2 be adopted. The purpose of the by-law is to expand the prohibited streets which driver training is not permitted. OPTIONS Council has the option to enact the proposed by-law at this time to expand the current "Restricted Area" for driving school practice, or alternatively postpone this action pending the activity that may occur in the neighborhood this forthcoming summer. 000051 April 6 2004 - 4 - Report No. CSO4-10 FINANCIAL IMPLICATIONS None. CONCLUSIONS It would appear from the information gathered from those affected by the opening of the centre that the traffic and congestion initially experienced on the property has been reduced. This can be contributed to a number of factors including an implemented parking plan, the education of the driving school operators, the winter driving season and most importantly, the reduction in the demand for driver examinations by the public and correspondingly the elimination of the Ministry's backlog of examinations. Even with this apparent improvement there is still the potential for a recurrence of the problems that the plaza experienced last year unless certain steps are taken to prevent it. Staff anticipate an increase in activity during the spring and summer months, but do not expect the levels seen when the centre opened. That said, there is a need for additional centres to be opened in the Region to accommodate not only York Region's growth but also the overflow from the Toronto Region. This point was made very clear to Mr. Sorbara's representative at the onsite meeting in March. Also, the inclusion of the streets around the 1 Henderson Drive into the "Restricted Area" of the Town' Driving School By-law will provide staff with a tool to deal with complaints on both in the plaza and the surrounding area. LINK TO STRATEGIC PLAN Goal C - Continuing controlled and well planned growth. ATTACHMENTS Appendix #1 — October 14, 2003 Report Appendix #2 — Draft By-law PRE -SUBMISSION REVIEW Management Team — March 31, 2004 Prepare by: Chris Alexander, By-law Services Co-ordinator J&MI Bob Panizza Director of Corporate Services 000002 APPENDIX #1 TOWN OF AURORA COUNCIL REPORT SUBJECT: New Driver Examination Centre in Aurora FROM: Bob Panizza, Director of Corporate Services DATE: October 14, 2003 RECOMMENDATIONS No. CS03- 38 THAT staff continue to work with the property ownerof 9 Henderson Drive and Drive Test to lessen the impact of the Driver Examination Centre on the surrounding residents; and THAT the Public Works Dept. consult with the property owner prior to the reconstruction of Henderson Dr. in order to provide solutions that would improve the traffic flow in the area; and THAT staff from By-law Services continue to enforce the licensing requirement for driving schools as well as the restricted area provision in the Driving School By-law to lessen the volume of driving school traffic in the affected areas; and THAT the Licensing By-law be amended to add the area bounded by Yonge Street, Henderson Drive, Murray Drive and Richardson Drive/Lee Gate to the restricted area provision of the Driving School By-law; and THAT Mr. Greg Sorbara, MPP for the Town of Aurora be advised of the traffic concerns that have been created by the new driver examination centre and that additional centres be opened in other parts of York Region as soon as possible in order to relieve the congestion caused by the new Drive Test Centre in Aurora. BACKGROUND Traditionally the Ministry of Transportation has conducted the business of driver examinations. Until recently this function was provided at the Driver Examination Centre located on the northwest corner of Yonge Street and Bloomington Side Road. Prior to that, the driver examination centre was located on Yonge Street opposite what is now the Park Place Manor. Earlier this year the Province privatized this program and awarded the contract to a British -based company called Serco which is now operating 55 driver examination centres in Ontario under the name DriveTest. 000053 October 14, 2003 - 2 - Report No. CS03.38 Due to the privatization, the centre was forced to relocate to new facilities. Without any prior consultation with the Town, the business operator selected a vacant unit in the plaza at Yonge St. and Henderson Dr. (1 Henderson Dr.) and began operations which ultimately has raised concerns of the surrounding neighborhood. Through discussions with representatives of Drive Test, they advised staff that as condition of the privatization process, the Province mandated that the new Centre had to be located within 10 kilometres of the existing Bloomington Rd./ Yonge Street site. In addition the Province also included timelines that the contractor must fulfil in order to reduce the examination backlog. As a result, Drive Test has hired an additional six part- time Examiners to accomplish this task. Drive Test anticipates that once the backlog is reduced that there would be a corresponding reduction in the number of tests being run through their new Centre. This is not an absolute however when you factor in the population growth in Region. The Town currently licenses and regulates Driving School Instructors giving instruction in Aurora. The licensing requirement however only applies to the people in the business of giving driving instruction. In addition to the licensing requirement, the Town's Driving School By-law also prohibits any Driving School Instructor from giving instruction in a Restricted Area bordered by Yonge Street, Wellington Street, Industrial Parkway and Edward Street. The Restricted Area is made up of the streets where the Driving Examiners take their students for testing purposes. Driving School Instructors are prohibited in this area to minimize the amount of new drivertraffic in the area and to maintain the integrity of the examination process. COMMENTS The subject property, which is located at 1 Henderson Drive, is zoned C-4 under the Town's Zoning By-law, The C-4 zoning permits a variety of uses including business and professional offices; libraries; post offices; and government administrative offices. Through discussions with the Building, Planning and Legal Departments, it appears that the current use as a business office in this plaza is in conformity with the zoning by-law. On -site Issues The concerns expressed by residents include the increased volume of traffic in the plaza parking lot, the use of the fire route at the south end of the property by Driving School Instructors as a staging area and student drivers practising in the parking lot. The property owner and his representatives have been co-operative thus far in discussions with staff about this issue. The property owner has hired security for the property to better control the traffic flow on the property and to prevent students from practising manuevers in the parking lot. a0Q054 October 14, 2003 .3. Report No. CS03-38 The property owner is currently investigating recommendations made by staff to relocate those Driving School Instructors currently parking in the fire route at the south end of the property. Local Traffic Issues In addition to the previous concerns, residents have also complained about the use of the rear lane at the south end of the property by motorists as a by-pass from Henderson Drive to Yonge Street and the increase in traffic on the streets in the area as a result of the Centre moving into the plaza. To try and resolve the rear lane issue, the property owner has agreed to post the lane as One Way westbound and have No Entry signs installed at the west entrance to the plaza. This may not stop all the by-pass traffic, but it should help to reduce it. Henderson Drive is scheduled to be re -constructed next year and the Town has already had discussions with the property owner. One possible recommendation is to move the entrance closest to Yonge Street further west to reduce the congestion around the intersection. Staff from the Town's works Department will continue to look at other possible solutions during the design process. In addition to the signage and potential roadway improvements, staff are recommending that the area in the immediate vicinity of the Centre be designated as part of the Restricted Area as defined in the Town's Licensing By-law. This would prohibit any Driving School Instructors from using the streets for instruction. Staff will charge any instructors found in the area giving instruction. Existing Restricted Area Staff have received a number of complaints from residents in the existing Restricted Area concerning a noticeable increase in the volume of student drivers in the area. When Drive Test took overthe examination process they hired an additional six part-time examiners to reduce the existing backlog giving them a total of 19 examiners. Currently, there are on average 150 driver examinations per day being processed through the Drive Test Centre from Monday to Friday. These tests do not include the Driving School Instructors that are illegally using the Area or the parents and siblings that are teaching their children or brothers and sisters on these streets. Staff have forwarded letters to all the licensed Driving School Instructors as well as posting Notices at the Centre warning all Instructors that both a license is required to give instruction in Aurora and that instruction is prohibited in the Restricted Area. To emphasize this position staff will be blitzing the Restricted Area over the next month as staffing permits to enforce all provisions of the Town's Driving School By-law. 000055 October 14, 2003 - 4 - Report No. CS03-38 OPTIONS Council can direct staff to proceed with some or all of the recommendations found in this report or take no action at this time. FINANCIAL IMPLICATIONS There are no additional financial costs associated with the implementation of the recommendations in this report. LINK TO STRATEGIC PLAN Goal C Continuing controlled, well -planned Growth ATTACHMENTS None. PRE -SUBMISSION REVIEW Management Team Meeting — October 8, 2003 Prepared by: Chris Alexander ext. 241 -4- Bob Pan' za Director of Corporate Services 000056 FA RNMI _ ._ THE CORPORATION OF THE TOWN OF AURORA By-law Number 4519-04.P BEING A BY-LAW to amend the Driving School schedule of the Business Licensing By-law No. 4258-01.P WHEREAS Section 150(1) of the Municipal Act 2001 authorizes a local municipality to license, regulate and govern any business wholly or in part; AND WHEREAS Section 150(2) of the Municipal Act 2001, permits a local municipal to exercise its licensing powers forone or more of the following reasons; health and safety, nuisance control or consumer protection; AND WHEREAS Section 150(3) of the Municipal Act 2001, requires an explanation for any condition being placed on any business or class of business passed under this section; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 4258-01.P, as amended, to further restrict the area in the Town of Aurora where driver education can be given by driving instructors. The relocation of the driver examination centre Into a residential zone has introduced a proliferation of driving instructors and their student drivers into the area. It has resulted in safety concerns from residents as well as it has created a nuisance for the residents in the area. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT Schedule 6, Section 3(1) of By-law 4258-01.P be amended by adding the following: (d) that in addition to the "Restricted Area" outlined in Section 3(1)(c) that the following streets be deemed to be restricted: (i) Henderson Drive (ii) Poplar Crescent (ill) Murray Drive (iv) Jones Court (v) Davis Road (vi) Richardson Drive (vii) Lee Gate READ A FIRST, SECOND AND THIRD TIME THIS 13" DAY OF April 2004. T. JONES, MAYOR B. PANIZZA, TOWN CLERK 0®0Q53-7 6 'TOWN OF AURORA GENERAL COMMITTEE REPORT No. CSO4-012 SUBJECT: 2064 Communications Plan FROM: Bob Panizza, Director of Corporate Services DATE: April 6, 2004 RECOMMENDATIONS THAT the proposed 2004 Communications Plan as outlined in Attachment "A" be endorsed; and THAT staff be directed to implement the strategies outlined in the plan. BACKGROUND In December 1999, Council adopted a Corporate Communications Policy, which specified the development of a comprehensive annual communications plan, "to facilitate the coordination of all communications channels for maximum efficiency, impact and timely delivery of information" Since the first communication plan was executed in 2001, many initiatives have been identified and successfully implemented, including: • The production and distribution of two (2) "Aurora Living" Residents' Guides — developed as a means for consolidating information on town procedures, programs and services; • The weekly Notice Board page in the Era Banner has been expanded — in order to increase the flow of Council and community information relayed to residents; • The production and distribution of "Council Highlights Newsletter" — developed for residents, as an easy -to -read and interesting account of the decisions and activities of Council • The development of the Town's first Economic Development Division newsletter — "Aurora Business — Bright Lights" — distributed to local businesses as an enhanced outreach tool April 6, 2004 - 2 - Report No. CSO4-012 COMMENTS The 2004 Communications Plan continues to focus on maintaining the goals of the Communications Policy, by sustaining the many procedures already in place; with an emphasis on the following: Communications of relevance to the entire organization are managed through the Communications/Marketing Division in the Corporate Services Department Individual Town Departments are responsible for the content of specific communications related to their services and programs Functional teams (i.e. Editorial Committee) manage the links between the corporate and departmental communications Providing a central focus for the flow of information between the Town of Aurora and its Stakeholders, the 2004 Communications Plan has gone a step beyond previous communications plans, to identify staff as a distinct group of stakeholders. Through the identification of two separate initiatives to address the Town's internal audience, the 2004 Communications Plan has been expanded to meet a new level of service. As the Town continues through 2004, Council's endorsement of the plan will provide the necessary directive to staff to achieve the proposed communication objectives. OPTIONS Council may wish to adopt the proposed plan or refer it back to staff with alternate recommendations. FINANCIAL IMPLICATIONS Initiatives such as the Crisis Communications Plan and the Internal Staff Newsletter will not require additional funding support in 2004, as these projects involve work that will be conducted by staff in-house. Projects such as the Business Directory, which requires funding support estimated to be $5100 and the Town of Aurora Marketing Brand estimated at $10,000, have been identified in the 2004 Communications/Marketing and Economic Development budgets. Both the Website Strategy and Corporate and Community Signage programs will be identified as part of the budget details for 2005. 05- April 6, 2004 - 3 - Report No. CSO4-012 LINK TO STRATEGIC PLAN Goal E of the strategic plan addresses the need to continually improve our responsibility to communicate, the importance of improving methods for two-way access and contact with residents, and the priority of consulting with interest groups and the, community as ,a whole. _ ATTACHMENTS Appendix "1" — 2004 Communications Plan PRE -SUBMISSION REVIEW Management Team - March 31, 2004 Prepared by. Kristen Yemm, ext. 4228 Bob Panizza, Director of Corporate Services 00000 APPENDIX 1 Sff Budget Impact 17 000062 3 0006 I VWrb. 2, To ensure that systems are in place to make Staff and Council of the Town of Aurora accessible to all Stakeholders. 3. To increase awareness and recognition of the corporate identity and image of the Town of Aurora. 4. To make efficient & effective use of human, physical (facilities, equipment and supplies) and financial resources. S. To promote approaches to communications which are non political, factual, balanced and unbiased. 0 000064 Implementing methods to facilitate feedback f 8 Stakebold ers^as'a iXteasure of the effectiveness of'Pcommunic'ations • Identifying changing communication requirements and new opportunities through t bnolo'ies emerging ec _ g OBJECTIVE: 2. To ensure that systems are in place to make Staff and Council of the Town of Aurora accessible to all Stakeholders by; STRATEGY: • Providing stakeholders with more flexible opportunities to speak with Councillors in less formal environments than Council and Committee Meetings • Communicating information on a Departmental basis so that Stakeholders can become familiar with Staff responsibilities and know who they should contact for assistance • Specifying communication as a key objective for the Director of each Department • Providing Stakeholders access to Town information outside normal business hours ki 000065 STI Prio Iden Iden ad cost savings, to be realized rships Investigating new methods of addressing communications issues through existing and new technologies OBJECTIVE: I 5. To promote approaches to communications which are non political, factual, balanced and unbiased by; STRATEGY.• Establishing procedures and processes for Town of Aurora Communications to facilitate effective and appropriate communication of corporate information in a balanced, unbiased manner Promoting implementation of Council policies by Staff in accordance with the parameters established by Provincial legislation 6 046 WA Resident's Guide - (every 3 years) Promotional items & Merchari jise''i Proclamations Council & Committee Records and Reports Strategic Plan Corporate Sponsorship Program Cable Television Notices Annual Report Departmental Treasury: Public Works: Property Tax Handouts Waste & Recycling Rate Change Notices Collection Calendar Municipal Performance Measurements Traffic Circle Flyer Water Billing Information Flyers Road Watch Program Flyers Rate Change Information Water Information Flyers Yard Waste Flyer General Documents (i.e, hazardous waste) Seasonal Press Releases C (V, 9 Nemors' centre 1Newsieuer{montnty t Economie'Development CD ROM Club Aurora Newsletter (9 issues per year) Econarriie Development Newsletter Aqua Parent Newsletter (9 issues per year) Planning Parks and Trails Map (updated when required) Community Profile Adopt -a -Park Flyer Commercial Land Information Package Culture and Recreation Master Plan Industrial Land Information Package Landscaping and Services Standards Open House and Meetings Park Maintenance Standards Vacant Employment Land Inventory Parks 5-Year Trail Plan Program Information Handouts (as required) Building Facility Information Handouts (as required) Regulatory Notices Preschool Newsletter Deck Construction Guidelines Cable Television Notices for New Programs Zoning Information New Residential Subdivision FAQS 0 I 2003 COMMUNICATIONS;' STATUS INITIATIVES 2 To train and educate Council and Management This Initiative will be implemented in 2004, lStaff on how to effectively communicate with the media: 3 Introduce a Town of Aurora Newsletter to improve This initiative will be re -defined in 2004, the communication of Council policies, initiatives and decisions. 4 To develop a long-term strategy for growing and maintaining a user-friendly, service oriented and sustainable website. The Communications/Marketing Coordinator is conducting research in several areas including; Content Management Software, staff resources, and budgetary parameters to re -design and maintain the current site, The website strategy will be presented in 2004, 10 a To develop a monthly Council update (reporting The first "Council Highlights" newsletter was distributed in ,r on the activities of Council) to be distributed at dune 2003 with four subsequent issues distributed to the Town of Aurora Facilities, end of 2003. The frequency, and volume of information currently in the I Council Newsletter is being reviewed 8 issues are t expected to be distributed' through 2004. To develop the 2004 = 2006 Town of Aurora j This initiative has been completed. The 2004 = 2006' Residents Guide. Residents' Guide in distributed -February 2004. 7 Design and implement a Corporate and Subject to budget approval, this initiative is being carried Community Signage Program including: forward Into2005. Revitalizing existing gateway signage and implementing new signage along the north/south eastlwestbusiness corridors and the404 artery; Implementing two new electronic community bulletin boards. 11 i The Ti design assist i a ity ( is ndlyand sustainable, along teimstrategy must be developed and •esn not only of )uting to Link to Ohjectives & Strategies: To increase awareness and recognition of the corporate identity and image of the Town of Aurora by: identifying, developing and promoting a consistent image for the Town ofAur�ora; setting corporate identity guidelines for all communication; protecting the integrity of the Town of Aurora identity and image. To clearly inform Town of Aurora Stakeholders in a timely and effective manner about the activities, programs and processes of the Town by communicating information in language that is appropriate for and clearly understood by the target audience, - To promote approaches to Town of Aurora communications which are non political, factual, balanced and unbiased by establishingprocedures and processes for Town of Aurora communications to facilitate effective and appropriate communication of corporate information. 12 ( 0C) Q120 U1.LL1G' 1�U VZ'LL 1 VLµI*L11G1 L0.LJu 41 u fy C �� v y. cu u� }� �y Wellington Street and Yonge,Street hav&been.ackuowledg'gd as m0 business eorridors„and'the 404 as'We major Highway artary, where tlzie program will'have the mosfimpact. Community signage also plays`a very important role iir the Town rof'Aurora: At this time, the Town has one: electronic bulletin board located at Yonge Street and Aurora Heights Boulevard. This sign is used daily, to display important town messages as well as promote community events;and fundraisers. Once again, staff have established the importance of this sign as a communications tool, and have concluded that the placement of two additional electronic bulletin board signs will enhance and promote the Town's willingness and desire to improve communications with residents. Currently, the locations that have been chosen for the proposed signs are Yonge Street at Industrial Parkway (Chamber of Commerce lot) and Wellington Street at John West Way. Link to Objectives & Strategies; To increase awareness and recognition of the corporate identity and image of the Town of Aurora by. identi)ying, developing and promoting a consistent image for the Town of Aurora; setting corporate identity guidelines for all communication; protecting the integrity of the Town of Aurora identity and image. To clearly inform Town of Aurora Stakeholders in a timely and effective manner about the activities, programs and processes of the Town by communicating information in language that is appropriate for and clearly understood by the target audience; To promote approaches to Town of Aurora communications which are non -political, factual, balanced and unbiased by establishing procedures and processes for Town of Aurora communications to facilitate effective and appropriate communication of corporate information. 13 7 To make efficient and effective use of h amih, physical and financial resources 4. Re -develop Administrative Procedure No. 53 — Communications Procedure Rationale: The current Communications Policy has been in effect since January of 2000, and since that time, the Town's communication needs have advanced beyond the scope of the policy. It has become necessary to re-evaluate the role of the Editorial Committee, website parameters, operating procedures and design guidelines, in order to re -develop the procedure to meet the Town's communication needs as well as improve our service levels. Link to Objectives & Strategies: To make efficient and effective use ofhuman, physical and financial resources; To clearly inform Town ofAurora Stakeholders in a timely and effective manner about the activities, programs and processes of the Town by communicating information in language that is appropriate for and clearly understood by the target audience; To promote approaches to Town ofAurora communications which are non -political, factual, balanced and unbiased by establishingprocedures and processes for Town ofAurora communications to facilitate effective and appropriate communication of corporate information. IM 0007 of Aurora's identity°and irnagCTbis ct creation of a new logo. As acknowledged in the Strategic Plan responsibility to communicate. As the' sophisticated community within the he use an image (while historically signifi Economic Development Division and t satisfy our continuing need to commun all marketing and communication mate of Aurora. the Town of Aurora needs to continually improve its Cown of Aurora has grown, modernized and become a ut of the fastest' growing region in Canada, we have continued to ;ant) that is no longer effective for its intended purpose. Both the he Communications/Marketing Division have determined that to icate effectively, the Town must develop a new logo, for use on rials, that is better suited to express the current and future vision Link to Objectives & Strategies: To increase awareness and recognition of the corporate identity and image of the Town of Aurora by. - identifying, developing and promoting a consistent image for the Town of Aurora; setting corporate identity guidelines for all communication; protecting the integrity of the Town of Aurora identity and image. 15 � Rationale: The development of an internal staff newsletter would provide an effective tool for sharing departmental information, providing staff with an opportunity to become better informed about internal and external initiatives, This would enhance staff knowledge and have a direct impact on the quality of service provided to stakeholders. Knowledge is strength! An internal newsletter would also offer staff and Senior Management a forum for sharing achievements, recognition, and respect, creating a positive work atmosphere and an opportunity to maintain a high level of morale. Link to Objectives & Strategies: To clearly inform Town ofAurora Stakeholders in a timely and effective manner about the activities, programs and processes of the Town by communicating information in language that is appropriate for and clearly understood by the target audience; To promote approaches to Town ofAurora communications which are non political, factual, balanced and unbiased by establishing procedures and processes for Town ofAurora communications to facilitate effective and appropriate communication of corporate information. To make efficient and effective use of human, physical and financial resources. 16 7 r i 17 The'costs to print and bind the hard copy of the 2004 Business Directory r the sale of the directory 4. Re -develop administrative procedure no. 53 Communications Pro BUDGETIMPACT No budget allocationrequiretl 5. Develop -a new Town ofAurara marketing brand BUDGETIMPACT $5000 has been allocated in each of the 2004 Economic Development and Communications/Marketing budgets, haled on preliminary research. 6. Develop a Town of Aurora Crisis Communications Plan. BUDGETIMPACT To be developed in-house. No budget allocation required. 7. Develop quarterly Internal Newsletter. BUDGETIMPACT To be developed and printed in-house. No budget allocation required Wure' 8. Develop a Town of Aurora Economic Development Newsletter BUDGETIMPACT $1300 has been allocated in the 2004 Ecommnie Development Division budget 19 [AGENDA ITEM # TOWN OF AURORA GENERAL COMMITTEE REPORT SUBJECT: Fundraising Campaign FROM: Allan D. Downey, Director of Leisure Services DATE: April 6, 2004 RECOMMENDATIONS No. LSO4=015 THAT Council establish a Fundraising Steering Committee reporting to the Finance Committee to coordinate the fundraising efforts as requested by Council, and THAT Council endorse the target fundraising amounts as identified in this report. BACKGROUND In considering the proposed recreational facility Council at their meeting of February 24, 2004 approved the following direction: THAT user groups be requested to jointly raise a general target of 10% of the capital costs over a 5 year period, through fundraising activities in proportion to their individual use within the proposed facility. This direction is to identify the fundraising target for the new Recreation Complex and is in response to the previously approved fundraising target for the new Seniors Centre. The combination of these two (2) fundraising targets have been estimated as follows. Approximate Capital cost of Ice Rinks Percentage of usage by user groups Total fundraising target Approximate Capital cost of Aquatics Centre Percentage of usage by user groups Total fundraising target Seniors Centre COMMENTS = $9,000,000 = 90% = (10% of $9,000,000) x 90% = $ 810,000 = $9,000,000 = 25% (10% of $9,000,000) x 25% = $ 225,000 = 250,000 Total Fundraising Target: = 1 28 Average per year over five (5) years = $257,000 per year Staff have investigated a number of alternative fundraising methods for the proposed Steering Committees consideration. 1. Engage a Fundraising Consultant This method was recently used to address the fundraising requirements of the new Library. A Consultant is engaged to structure, administer and direct the campaign while reporting to a Committee. 000079 ..../2 April 6, 2004 - 2 - Report No. LSO4-015 2. Implement a User Surcharge This method was used to address the fundraising requirement of the Aurora Community Centre Rink #2. A surcharge on the user groups is directed to a separate Reserve to offset the Capital investment of the facility. Council through the budget process has already considered two such additional changes to be implemented in September 2004 one related to offsetting operating costs, the second is to offset capital costs for reconstructing existing facilities. 3. Lottery Method This is a common fundraising method used by hospitals. The Corporation sets up a foundation and transfers money to offset the Capital cost of the facility. 4. User Group Contributions Each individual major user group is required to fundraise to offset the Capital cost of the facility. The Committee may wish to consider any one of these methods, a combination of these or consider another alternative. OPTIONS Should the General Committee not recommend a Steering Committee, they may wish to reduce or eliminate the fundraising campaign or request that each user group be individually responsible for their particular fundraising target amounts and report back to Council on their fundraising campaign. FINANCIAL IMPLICATIONS Depending on the approach the Steering Committee recommends costs for Consulting Services, printing, advertising, prizes etc. must be considered. CONCLUSIONS The formation of the Steering Committee will provide a structure for a coordinated approach to the fundraising needs of the new facilities without creating a competitive atmosphere between each user group to satisfy their fundraising requirements. Staff recommend that the Committee identify a "campaign champion" to lead the process and that the fundraising efforts not be staff driven. An example of this approach is the recent fundraising campaign for the York Region Safety Village in which Wendell Clarke was identified as the campaign champion for the project. This approach brings instant recognition and a widespread identification for the project. LINK TO STRATEGIC PLAN Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality. ..../3 COO-Q8® April 6, 2004 - 3 - Report No. LS04-015 ATTACHMENTS 1. Fundraising Steering Committee Terms of Reference. PRE -SUBMISSION REVIEW Management Team Meeting, Wednesday, March 31, 2004. Prepared by. Allan D. Downey, Director of Leisure Services, Extension 4752 ALLAN D. DOWNEY Director of Leisure Services 000081 TOWN OF AURORA FUNDRAISING STEERING COMMITTEE The primary function of the Fundraising Steering Committee is to coordinate the fundraising efforts as requested by Council for the new Recreation Centre and new Seniors Centre and present strategies and recommendations to the Finance Committee. 2. MEMBERSHIP The Steering Committee shall consist of the following: ■ Two (2) Members of Council, ■ One (1) representative of the seniors membership, ■ One (1) representative of the ice users, ■ One (1) representative of the Aquatic users, ■ One (1) member of the public, and ■ One (1) liaison representative from the Finance Committee. TERM The Steering Committee shall exist for a term of five (5) years. 4. REMUNERATION None DUTIES AND FUNCTIONS ■ To coordinate an effective fundraising campaign ■ To develop fundraising strategies ■ To review and evaluate fundraising strategies ■ To recommend fundraising strategies to the Finance Committee ■ To receive and comment on the merits of proposals presented to the Steering Committee 000082 Fundraising Steering Committee Terms of Reference C� ■ To evaluate the effectiveness of the fundraising campaign and make recommendations regarding its degree of success. The Steering Committee will report to the Finance Committee. 7. MEETING TIMES AND LOCATIONS Page 2 Meetings will be held on an as required basis, as determined by the Steering Committee. 8. STAFF SUPPORT As required. 000,083 AGENDA ITEM # GENERAL COMMITTEE REPORT No. PW04-018 SUBJECT: Regional Infrastructure Servicing Issues FROM: W. H. Jackson, Director of Public Works DATE: April 6, 2004 RECOMMENDATIONS THAT with respect to the recent understanding that provision of Regional Waterand Sanitary Servicing infrastructure may be constrained by technical limitations as generally described in Report No. PW04-018: • Staff be requested to closely monitor this matter including attending meetings as required; and • That staff update Council on the matter as appropriate. BACKGROUND As Council may be aware, the construction of certain Regional infrastructure works have been delayed mainly because of the length of time required to obtain the necessary permits. Of particular relevance to Aurora are various sewer projects located in the southern part of the Region, the delay of which may have an adverse impact on the Town's ability to provide servicing for scheduled growth areas of Town. COMMENTS 1. Overview The attached Regional Report entitled "161h Avenue Trunk Sewer, Phase 2 Construction Contract" describes, in general terms, the proactive well mitigation and environmental management plans that have been developed to allow construction of the 161h Avenue Trunk Sewer to proceed. The development and acceptance of these plans by the various regulatory agencies have caused completion of this sewer to be significantly delayed. In addition, a second important sewer project called the "Southeast Collector" (which runs via the northeast corner of Toronto to Durham) has also been delayed because of approval agency delays. 000084 April 6, 2004 - 2 - Report No. PW04-018 The above delayed projects have become especially critical because of the accelerated population growth of the Region. The timing for sewer infrastructure upgrades within the York -Durham ,Sewer System (YDSS) was predicated on population growth figures assembled in 2000, Significantly higher growth patterns than predicted have occurred, however, particularly in the southern municipalities and accordingly, without the required infrastructure in place, a real capacity constraint exists that may see the need for constraints on new development in the immediate future. It should be understood that the concern being discussed is a short-term, timing problem. In essence, the Region is growing quickerthan anticipated although the ultimate population figures are still considered appropriate. The proposed long-term (2026+) YDSS system will provide sufficient capacity to deal with the anticipated Regional population at that time. 2. Next Steps Based on recent discussions with Regional representatives, staff understand that the Regional Transportation and Works Committee will be updated on this situation at its meeting of April 7, 2004. Before and after that date, Regional representatives propose to meet with the area municipalities to review our current water/sewer allocation and short- term requirements. These meetings, coupled with the Region's continued technical analysis of the consequences of not building the 161h Avenue Trunk Sewer and the Southeast Collector Sewer in the short term will allow the development of a strategy to deal with the potential capacity constraints. It is expected that this strategy will be presented to Regional Council on May 20, 2004. In addition to the above, staff are aware of the efforts of a number of local municipalities to establish a working group comprised of Mayors, Regional Councillors, Regional Chair and senior staff from the municipalities and the Region to review this matter. Inasmuch as the significance of the capacity shortage will affect all municipalities utilizing the YDSS, staff agrees a solid technical evaluation is required as is the need for the technical staff of each municipality to fully understand and agree with the predicted impacts of this situation. Only from this information can a reasoned approach be offered on the best response to the problem. Accordingly, at this time, staff believes working alongside the Region to develop the technical response is the most prudent use of time. Certainly, when the strategy has been developed Council must be updated on this issue particularly if there are tradeoffs to be made with respect to the amount of development or the location of development. With respect to the technical input to this matter, there are no options. 000085 April 6, 2004 - 3 - Report No. PW04-018 Politically, however, Council may wish to be involved in the proposed working group that will likely be established shortly as described above. FINANCIAL IMPLICATIONS It is very difficult to ascertain the financial implications. If growth is allowed to continue in Aurora at the anticipated rate then no adverse financial implications will occur. On the other hand, if growth has to be delayed, then the loss of assessment growth and development charges and fees may be significant. CONCLUSIONS Difficult circumstances have been presented because of the combined delay in capacity upgrade to the Regional sewer system and the accelerated population growth. Extensive efforts have been ongoing, and are continuing, to define and quantify the extent of the potential problem both from a growth viewpoint and also from the viewpoint of physical sewer surcharge possibilities. Staff is monitoring this situation and it is expected that within a two -month period further, more precise, information will be available in this regard. LINK TO STRATEGIC PLAN Goal "C" speaks to continuing the well -planned moderate growth of the Town. ATTACHMENTS • Regional Report entitled "16`h Avenue Trunk Sewer, Phase 2 Construction Contract' PRE -SUBMISSION REVIEW C.A.O. —April 2, 2004 Prepared by: W. H. Jackson, Director of Public Work, Ext.# 4371 W. H. Jacksorr4 Director of Public Works 000086 27 THE REGIONAL MUNICIPALITY OF YORK Transportation and Works Committee March 3, 2004 Report of the Commissioner of Transportation and Works 16TH AVENUE TRUNK SEWER, PHASE 2 CONSTRUCTION CONTRACT RECOMMENDATIONS It is recommended that: 1. The following report be received for information by Transportation and Works Committee and Regional Council. 2. Staff report back to Transportation and Works Committee in April 2004 with an update on the project. 2. PURPOSE This report provides an update on the 16`t' Avenue Trunk Sewer project, including commitments made to the approval agencies. A current project cost update is also provided. 3. BACKGROUND There are three phases to the Ninth Line and 16th Avenue Trunk Sewer Project (see Attachment 1). These are: 1. Ninth Line Trunk Sewer, from Box Grove to south of Major Mackenzie Drive. 2. 16'h Avenue Trunk Sewer, Phase 1, from Ninth Line to Stone Mason Boulevard. 3. 16`h Avenue Trunk Sewer, Phase 2, from Stone Mason Boulevard to Woodbine Avenue. McNally/Aeon (McNally) completed construction of the Ninth Line Trunk Sewer from Box Grove to 16`h Avenue and then along 16th Avenue westward to Stone Mason Boulevard. The Ninth Line Sewer was completed in December 2002, and is in service. The 16`h Avenue Phase 1 sewer from Ninth Line to Stone Mason Boulevard will be completed and put into service by mid February 2004. Phase 2 of the 16th Avenue Trunk Sewer is in the environmental approval phase. Regional Council has approved the award of a contract with McNally/Aecon for Phase 2 of the project, subject to key environmental approvals being secured from the Federal Department of Fisheries and Ocean (DFO), The Ontario Ministry of Environment (MOE) and the Toronto Region Conservation Authority (TRCA). Transportation and Works Committee March 3, 2004 4 000087 28 16th Avenue Trunk Sewer, Phase 2 Construction Contract 3.1 Status of 16th Avenue Phase 2 Contract Following Council approval to award the Phase 2 contract to McNally, Region staff are in the process of finalizing the contract documents (the terms and conditions). McNally has also successfully obtained the permit for the Town of Markham Noise By - Law (to permit a two shift tunnelling operation). In keeping with the requirements for the Noise By -Law permit, a public meeting was held in Markham Council Chambers on January 22, 2004. The focus of the meeting was to present the shaft compounds and the proposed method of mitigating construction traffic, noise, dust and light. In general, the proposed methods to mitigate all of the preceding factors proved to be acceptable by the public. 3.1.1 Proactive Mitigation Plan This plan was committed to by Regional Council in 2003 to affect an enhanced mitigation process with proactive mitigation for potential well impacts of the Phase 2 project. Details of the Proactive Mitigation Program have been reviewed by Town staff and the Town's hydrogeologist. A final report was submitted and accepted by the Town of Markham in January 2004 with details to be communicated to the public through the Community Liaison Committee scheduled for February 261h, 2004 and the next planned public meeting in March, 2004. This plan comprises six elements: • Enhanced well monitoring. • Private well surveys. • Prediction of zones of influence. • Predicted impact assessment. • Proactive mitigation including replacing wells, lowering pumps and connection to municipal water supplies. • Continued monitoring. In addition to the proactive mitigation, the Region continues to maintain its commitment to reactive mitigation, including the 24 hour call center, investigation and response Complaint Review Committee (CRC) and Community Liaison Committee (CLC). 3.2 Environmental Management Plan The Region is continuing to work collaboratively with the regulatory agencies towards obtaining the "Permit To Take Water (PTTW) from the MOE". As part of this exercise, two major initiatives are being developed; namely, the "Proactive Mitigation Plan" and an `Environmental Plan" is being developed in consultation with the TRCA, the MOE, The Ministry of Natural Resources (MNR), and the DFO. Major concerns identified by the agencies are the effects of dewatering on groundwater recharge of streams and wetlands, erosion of streams from discharge, and temperature impacts of the discharge on cool or warm water fisheries and the effect on the trees and vegetation. A comprehensive team of specialists, including but not limited to geomorpholgists, biologists and terrestrial scientists are working towards addressing the concerns raised by Transportation and Works Committee March 3, 2004 00V"088 1 Sth Avenue Trunk Sewer, Phase 2 Construction Contract 29 the review agencies in order to properly identify proactive mitigation and monitoring measures of the natural features. This work has included extensive additional studies and a commitment by the Region to implement an environmental management plan that includes mitigation measures with significant capital costs. Following a meeting in November 2003, attended by senior management of the agencies, the Region obtained some concurrence with the environmental management plan. The agencies provided some endorsement of the Region's proposed plans but requested additional submissions to further refine the plan. A final submission with the suggested refinements to the plan was submitted on January 12, 2004. This submission was scheduled to be discussed with the review agencies on February 6, 2004 however, the federal DFO has asked for a postponement of the meeting. The outcome of the discussions may shed some light into the status of the environmental approvals, the schedule and cost impacts to the project. 3.3 Property Issues The contract for Phase 2 requires five temporary property easements for contractor working sites. Three easement agreements have been finalized and adopted by Council. The Region has arrived at agreements in principle for the two remaining property easements. The contractual obligations are being finalized. 4. ANALYSIS AND OPTIONS 4.1 Review of Current Status with Approval Agencies The agencies are currently reviewing the latest submission by the Region relating to the monitoring program proposed for the woodlots, wetlands and wells. In addition, the . agencies are continuing to refine the mitigation plans associated with the dewatering program and the quality, quantity and temperature of the water proposed to be discharged to the receiving streams. 4.2 Review of current status with McNally/Aecon The Region has negotiated with the contractor to retain the tunnel boring machine (TBM) and have the equipment available to commence Phase 2 of the sewer when the permits are obtained. As previously reported to Regional Council, retaining the TBM equipment and remobilizing at a later date to continue with the contract at an additional cost of $600,000 has been added to the Phase 1 contract through a Council approved process. Once total completion is granted to McNally in mid February, the shaft compounds at C8 and C 12 will be secured to ensure public safety and prevent vandalism to the construction equipment. Dewatering will continue to maintain the tunnel 150m west of Stone Mason Boulevard with the TBM parked in it. The cost to continue the dewatering system will be $1500 per day. Transportation and Works Committee March 3, 2004 000089 30 16th Avenue Trunk Sewer, Phase 2 Construction Contract 4.3 Schedule Implications The delay in acquiring the PTTW has resulted in a delay to the commencement of phase 2 of the project. Once the PTTW is obtained, the contractor will install new dewatering wells and commence dewatering activities, after the proactive mitigation program and the environmental management plan have been implemented. The duration of this activity is estimated to take place between six to nine months. The total construction project duration is approximately 36 months. 5. FINANCIAL IMPLICATIONS Table 1 Project Costs Construction Engineering Proactive Environ- Quality Mitigation mental Assurance/ Manage - Quality ment Plan Control 91Line $34,145,000 $1,047,000 Dewatering Permit* 250,000 Water Supply * 20,000 16`k Avenue Phase 1 27,231,000 539,000 Dewatering Permit* 100,000 Water Supply 1,530,000 16th Avenue Phase 2 42,677,000 Dewatering Permit $200,000t $1,393,000 tt$7,000,000 Water Supply f -�$6,500,000 All costs do not include GST. * Costs included in the stated construction cost for each project. t Any delays beyond total completion of phase 1 will result in an additional $1500 per day to defray dewatering costs. tt Current estimates. The total project costs noted above will be funded from development charges (80%) and wastewater user rates (20%). Transportation and Works Committee March 3, 2004 0190 ,90 16th Avenue Trunk Sewer, Phase 2 Construction Contract 31 6. LOCAL MUNICIPAL IMPACT The 16"' Avenue Trunk Sewer and associated integrated components form an integral link to the continued development of The Regional Municipality of York in both the short and long term. The proposed "Proactive Mitigation Plan" and the "Environmental Management Plan" are collectively an effective means of implementing this project responsibly with due regard for public safety, well interference and sound environmental stewardship. 7. CONCLUSION The contract with McNally/Aecon for the Phase 2 project will be executed after all regulatory permits and approvals have been received. The Senior Management Group has reviewed this report. Prepared by: Reviewed by: -t . Nitti Subramaniam, P.Eng. aul Jankowski, P.Eng. Project Manager Director, Infrastructure Design and Construction Infrastructure Design and Construction Recommended by: Approved for Submission: �<---.s?,� <?� Kees Schipper, P.Eng Michael R. Garrett Commissioner of Transportation and Works Chief Administrative Officer February 20, 2004 Attachment 1 NS/mh IDC?062004/2004-1/March 3/ 16th Avenue Transportation and Works Committee March 3, 2004 000091 .ATTACHMENT1 33 AV, ,U,y )Af V Coe E 2>:a EES 0;99 000,092 AGENDA ITEM # 8 TOWN OF AURORA GENERAL COMMITTEE REPORT No. PL04-040 SUBJECT: Planning Applications Status List FROM: Susan Seibert, Director of Planning DATE: April 6, 2004 RECOMMENDATIONS THAT the Planning Applications Status List be received as information. BACKGROUND Attached is a list updating the status of applications being processed by the Planning Department. The list supersedes the February 17, 2004 Planning Applications Status List and is intended for information purposes. The text in bold and italics represents changes in status since the last distribution of the Planning Applications Status List. COMMENTS Since the last list was prepared, staff have scheduled a Public Meeting to receive input on the Whitwell application (D09-10-03 & D14-28-03) for lands on the north side of Wellington Street, immediately west of Highway # 404. The applications on this site are for a large format, regional serving retail centre. Because of the significance of this site, a team comprising of a planner, market analyst, economist, transportation engineers and urban designers have been retained to peer review the proposal and to provide advice to staff and Council. They will be monitoring the Public Meeting. The Oak Ridges Moraine Conservation Act 2001 (ORMCA) came into force November 17, 2001 for a period of six months. A note has been added to the applications on the status list where they are clearly within the boundary of the Oak Ridges Moraine. A Staff report was considered at the February 17, 2004, General Committee on the status of all applications in the Oak Ridges the transition provisions of the Oak Ridges been provided to all affected applicants. Moraine that provided a position relative to Moraine Conservation Act. This report has Several applications have been filed within the Yonge Street South (OPA #34) area and are under review. Staff are not proposing to schedule Public Meetings on these files until agency comments, particularly dealing with aspects of OPA #48, have been reviewed. 0-"000913 April 6, 2004 Report No. PL04-040- Some applications have been inactive for a period of time. Staff has made progress in corresponding with applicants respecting the status of their files and will continue to pursue this as time permits. Preparation of a revised Industrial Commercial Precedent Subdivision Agreement is anticipated to remain on schedule and will be presented in April. It will form the basis of the State Farm/Whitwell subdivision agreement. Work is continuing to progress on the review of that subdivision and also the Urban Design Guidelines. It is also anticipated these Guidelines will be presented to Council in the near future. It is noted that the attached Status List is regularly used by many companies seeking information about the Town of Aurora. Staff is undertaking to place the Status List on the Town's website in the near future, and to provide monthly updates. OPTIONS Not applicable. CONCLUSIONS Not applicable. FINANCIAL IMPLICATIONS Not applicable. LINK TO STRATEGIC PLAN The Strategic Plan has goals of open and accessible government. Information documents such as this are intended to further that goal. ATTACHMENTS Planning Applications Status List — April 6, 2004 PRE -SUBMISSION REVIEW Not applicable. Prepared by. 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OD i0 h Z .. .... b may p 3 N I t0 • r 'O n A co to co a a 1-4 o I • m � LWD() �7 a 0j. m o N Oli N M � a r C ll � vi r w n r Y N Z N = O � � O r• 6ui�d° di 7aa��S asinyaee CO ysuM°1 r N V O OC C N O C w o f O J � b .3 tl E a c Fi 0 a.X rn � o m o m w as W cL JEa � � � hN a I (j )CL jZ ]� $§ !2 (§ m§ \\ \� LU2 ƒZ )) � n ƒ a)ID \@ - { \ 14 COD f� j\ @ \ / { | \ #!\f! ■ k \� k | {# 0 z * §��o3Jfo /]co .} % !\«§® ;2m» W W � § I coomo \�)(" )}4/! ADDITIONAL ITEMS TABLED FOR GENERAL COMMITTEE MEETING Tuesday, April 6, 2004 ➢ Councillor Gaertner's proposed amendments to the Environmental Advisory Committee and the Yonge Street Commercial Area Sub - Committee Hi Bob, Would you please add the following: Environment Committee Any planning applications that are on the Oak Ridges Moraine or that are within120 meters, at this time, of a significant woodlot or hydrological feature be referred to the Committee. The Committee would have the authority to recommend planning policy proposals to Council. The Terms of Reference are in a DRAFT status at present. The membership of the Committee would not include anyone who is working on development projects Yonge Street Economic Sub -Committee Under "Purpose" would you please add: The Committee would also consider cultural and social initiatives that would contribute to the vitalization of Yonge Street by encouraging people to frequent this area thereby creating a community hub which would generate economic benefits. Many thanks! (Stec, `J 26A poge 2 Notice of motion re; Committee Minutes Whereas the elected representatives of Aurora need to be fully up to date on all issues effecting the Town and Whereas the minutes from all meetings attended by a member of Council would facilitate this effort These minutes should be provided to Council in a timely manner. The exception would be the Mayor's Regional Report which would continue to be a bi- weekly verbal report; but also include a monthly written update of items of special importance to Aurora. ,ON n ONn f�L� �r TOWN OF AURORA A pl—WemRwd iCa„„— EXTRACT FROM COUNCIL MEETING NO. 04- 10 HELD ON TUESDAY, MARCH 30, 2004 11. General Committee Meeting Report No. 04-10 Tuesday, March 23, 2004 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 04-10, TUESDAY MARCH 23, 2004 (3) CSO4-007 - Advisory Committees — Terms of Reference Moved by Councillor Gaertner Seconded by Councillor Kean THAT the Terms of Reference for the Environmental Advisory Committee be referred back to staff in order that Councillor Gaertner may meet with staff on this issue; and THAT Terms of Reference for the Environmental Advisory Committee be brought back to the April 6, 2004 General Committee meeting. CARRIED Moved by Councillor Gaertner Seconded by Councillor Kean THAT the Terms of Reference for the Yonge Street Commercial Area Sub - Committee be referred back to staff in order that Councillor Gaertner may meet with staff on this issue; and THAT Terms of Reference for the Yonge Street Commercial Area Sub - Committee be brought back to the April 6, 2004 General Committee meeting. CARRIED CORRESPONDENCE SENT BY:. ACTION DEPT.: Corporate Services INFO DEPT.: Pending TOWN OF AURORA ENVIRONMENTAL ADVISORY COMMITTEE 1. PURPOSE The Environmental Advisory Committee is an advisory body and resource group to Council on matters relating to the environment. The Committee shall act as a catalyst for local initiatives that promote environmental sustainability and conservation of our resources as well as provide input to protect, maintain and enhance the environment within the Town. The Committee shall also endeavor to create a sense of stewardship within the community towards our open spaces, parks and woodlots. 2. MEMBERSHIP The Committee shall be composed of 2 Members of Council and 3 citizen members who are residents of the Town of Aurora. 3. TERM A Committee member shall hold office for a term of three years concurrent with the term of Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS • the Committee shall act as a link between citizens and local government to facilitate resolution of environmental concerns and to assist in developing projects that will enhance our community environment; • the Committee will build relationships with interested environmental organizations and parties within the Town of Aurora; 42 • the Committee shall assist in the promotion of green space cleanups and environmental projects; • the Committee may provide advice to Council on environmental policies, procedures and regulations including the Official Plan and major amendments or supporting studies, and operational policies and protocols relating to issues such as pesticide use and environmental spills, upon request of Council or staff; • the Committee shall undertake educational initiatives both formally and informally to raise the profile of the environment and provide advice to Council and staff on identifying opportunities to implement initiatives for education, outreach, public awareness and public consultation; • the Committee shall assist Council and staff in identifying research needs and environmental data gaps and assist in gathering data, undertaking research and formulating a strategy to improve the information available for private and public use. 6. MEETING TIMES AND LOCATIONS The Committee shall meet on the a date determined by the Committee. 7. STAFF SUPPORT The Corporate Services Department will provide administrative support services to the Committee. Other staff representatives will attend Committee meetings on an as -required basis and will provide technical assistance to the Committee. 43 TOWN OF AURORA YONGE STREET COMMERCIAL AREA SUB -COMMITTEE 1. PURPOSE The Yonge Street Commercial Area Subcommittee will Report to the Economic Development Advisory Committee and will strive to enhance the long term health of the Yonge Street Business Area through making recommendations to assist the retention of existing businesses; encouraging new capital investment to complement the recent new Library development; the attraction of complementary residential and commercial activity; and the development of a positive community image along the Yonge Street area. 2. MEMBERSHIP The Committee shall be comprised of eleven (11) members, including one (1) member of Council and one (1) citizen member of the Economic Development Advisory Committee, one (1) representative appointed by the Chamber of Commerce, one (1) representative of the Historical Society, one (1) representative of the Horticultural Society and up to six (6) Citizen members to be selected by Council. 3. TERM The Committee shall exist for a term of three (3) years, concurrent with the term of Council. 4. REMUNERATION None 5. DUTIES AND FUNCTIONS In fulfilling the assigned responsibilities the Committee shall: 21 • Work to develop municipal programs to retain and enhance the viability of the Yonge Street business area from Industrial Pkwy. S., northerly through to St. John's Sideroad; • Solicit feedback, assess viability of the Yonge Street business area; • Develop means to encourage capital investment by existing landowners to enhance the appearance of the community core in a manner consistent with the recent Library development. • Identify strategic policy approaches that would have the effect of encouraging new residential and commercial development along the Yonge Street business area. 6. REPORTING The Committee, being a Sub -Committee of the Economic Development Advisory Committee, will report to the Economic Development Advisory Committee. 7. MEETING TIMES AND LOCATIONS First Monday of each month. STAFF SUPPORT None P40A