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AGENDA - General Committee - 20040615TOWN OF AURORA GENERAL COMMITTEE AGENDA NO, 04-17 TUESDAY, TUNE 15, 2004 100 PK COUNCIL CHAMBERS AURORA TOWN HALL PUBLIC RELEASE 11 /06/04 GENERAL COMMITTEE MEETING AGENDA NO. 04-17 Tuesday, June 15, 2004 Councillor Vrancic in the Chair. I DECLARATIONS OF PECUNIARY INTEREST ll APPROVAL OFAGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS (a) Aurora Residents Pet Care Association (pg. D1) Re: Item 9 -Animal Control Services VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vll OTHER BUSINESS, COUNCILLORS General Committee Meeting No. 04-17 Page 2 of 8 Tuesday, June 15,2004 Vlll IN CAMERA Property, Personnel and Legal Matters RECOMMENDED: THAT this Committee proceed In Camera to address property, personnel and legal matters. IX ADJOURNMENT General Committee Meeting No. 04-17 Page 3 of 8 Tuesday, June 15, 2004 AGENDA ITEMS 1. PL04-066 - Update Servicing Constraints and Allocation Issues (pg. 1) York Durham Servicing System (YDSS) (Item Deferred from June 8, 2004 Council) RECOMMENDED: THAT Council provide direction on this matter. 2. PW04-021 - Tannery Creek — Surface Water and Sediment Sampling (pg. 22) Results RECOMMENDED: 1. THAT Report No. PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled 'Tannery Creek — Surface Water and Sediment Sampling Report' be forwarded to the Ministry of the Environment with a request that they exercise their jurisdiction so as to require Maple Leaf Foods Inc. or the current owner or occupant to: • conduct the necessary investigations to fully identify the full scope and extent of the contamination of the soil or groundwater and to prepare, for the approval of the Ministry, a remedial plan, satisfactory to the Ministry, designed to prevent any further off - site migration and to remediate the subject property; and • determine if the sedimentation in the Tannery Creek along those sections identified in Report No. PW04-021 poses a threat to aquatic life through benthic surveys and bioassays; and 2. THAT Report No.PW04-021 `Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled `Tannery Creek — Surface Water and Sediment Sampling Report' be forwarded to Maple Leaf Foods Inc.; and 3. THAT Report. No. PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled `Tannery Creek — Surface Water and Sediment Sampling Report' be forwarded to the following agencies for whatever action they feel appropriate and that these agencies be requested to provide guidance to the Town on this matter: General Committee Meeting No. 04-17 Tuesday, June 15,2004 • The Region of York Health Department; • The Region of York Transportation and Works Department; • The Lake Simcoe Region Conservation Authority; • Environment Canada; and • Department of Fisheries and Oceans. Page 4 of 8 4. THAT staff be requested to undertake public information initiatives (including a public information session) to inform property owners abutting Tannery Creek in the general area from Wellington Street West to Aurora Heights Boulevard of the results of the investigation as described in Report No. PW04-021; and THAT staff be requested to continue with stormwater management initiatives that minimize phosphorous discharges and incorporate creek restoration/naturalization in order to improve surface water quality; and 6. THAT staff be requested to continue efforts to isolate other potential sources of contamination in the Town's watercourses as generally described in Report PW04-021. 3. CS04-025 - Amendments to the Procedural By-law and (pg. 36) Correspondence from Mr. George Rust-D'Eye regarding amendments to the Procedural By-law (Item Deferred from June 8, 2004 Council) RECOMMENDED: THAT the proposed by-law implementing the amendments included as Appendix # 5 to this report be enacted by Council at the meeting of June 22, 2004, with the exception of Section 17.3 and Section 26.2 under Committee Membership, which shall remain status quo; and THAT the appropriate ad be placed in the newspaper giving notice of this proposed amendment to the Procedural By-law. General Committee Meeting No. 04-17 Tuesday, June 15,2004 Page 5 of 8 4. CS04-013 - Group Benefits Program, Benefits Consultant Broker (pg. 56) Selection RFP RECOMMENDED: THAT the Town engage the services of PPI Financial Group as the Town's employee benefits consultant for the provision of advice and guidance on the Town's employee benefits portfolio effective August 1, 2004 for a period of three (3) years with the option of three additional one (1) year extensions subject to satisfactory performance; and THAT PPI Financial Group be authorized to commence negotiations with the Town's existing group benefits carrier with the objective of transferring the Town's existing group benefits coverage on the same terms and conditions as cost effectively as possible utilizing the larger bulk purchasing efforts; and THAT staff notify Buffett Taylor & Associates that the Town of Aurora is appointing PPI Financial Group as the Town's employee group benefits consultant thereby effectively withdrawing as a participating member of the York Region Umbrella Group effective August 1, 2004. 5. Memo from Councillor Gaertner Regarding Proposed Terms of (pg. 73) Reference for the Environmental Advisory Committee RECOMMENDED: THAT Council provide direction on this matter. 6. PL04-071 - Official Plan and Zoning By-law Amendment (pg. 76) Applications, 2029193 Ontario Inc., Lot 10, Registered Plan 65M-2873; 248 Earl Stewart Drive Files D09-02-04 and D14.02-04 RECOMMENDED: THAT Council approve By-law No. 4547-04.D, being a By-law to approve Official Plan Amendment No. 54. General Committee Meeting No. 04-17 Tuesday, June 15, 2004 Page 6 of 8 7. PL04-067 - Trusthouse 88 Inc., - Part of Lot 76 & Part of Road (pg. 94) Allowance between Lots 75 & 76, Con 1 EYS 520 Industrial Parkway South, Official Plan Amendment and Zoning By-law Amendment Applications Files D09-03-04 & D14-03-04 RECOMMENDED: THAT report PL04-067 be received and that Official Plan Amendment No. 53 be approved by Council; and THAT By-law 4548-04.D be enacted. 8. ADM04-014 -Acquisition of Land from Ontario Realty Corporation (pg. 117) (Hydro One Networks Inc.) for Amberhill Way Turning Circle RECOMMENDED: THAT the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale between the Town of Aurora and Ontario Realty Corporation respecting the acquisition of hydro corridor lands required to complete a turning circle at the east end of Amberhill Way; and THAT By-law 4546-041, being a by-law to acquire the subject lands be enacted; and THAT upon finalization of the acquisition, Council authorize the Mayor and Clerk to execute a Permission to Enter in favour of Home Depot Holdings Inc. over the subject lands in order that they can proceed with the reconstruction of the Amberhill Way turning circle pursuant to the Site Plan Agreement dated March 4, 2003 (D11-10-02). 9. CS04-024 -Animal Control Services (pg. 157) RECOMMENDED: THAT Council approve a one year contract extension with the Kennel Inn for animal control services for the Town of Aurora at a cost of $105,000; and THAT the Town continue to pursue the option of joint venturing with neighbouring municipalities for a municipally operated animal control service and pound. Page 7 of 8 General Committee Meeting No. 04-17 Tuesday, June 15, 2004 10. LS04--027 - Fundraising for Future Facilities (pg. 166) RECOMMENDED: THAT Council establish two (2) Sub -Committees to coordinate fundraising efforts for the new Seniors' Centre and new Recreation Centre; and THAT the appended Draft Terms of Reference be considered by the Committee. 11. PL04-069 - Ministry of Municipal Affairs and Housing comments (pg. 173) on modifications to By-law 4469-03.D (Town of Aurora Oak Ridges Moraine Conformity Zoning Amendment) RECOMMENDED: THAT the Ministry of Municipal Affairs be advised that the Council of the Town of Aurora supports the modifications to By-law 4469- 03.D as proposed by the Province and shown in underlining within the attached Appendix "2" with the following exceptions: 1. Do not support suggested site plan process to demonstrate conformity with Oak Ridges Moraine Conservation Plan. 2. Do not support additional flexibility within Key Natural Heritage Features. 3. Do not support suggested changes to zoning schedules and creation of new zoning categories for Key Natural Heritage Features, Minimum Vegetation Protection Zones, Linkage Areas and Countryside Areas. However Council does support the addition of the following text to Schedule "A", "B", "C", "D" and °E" for clarification purposes: "By-law 4469.03.D consists of Schedules "A" to "E" inclusive and accordingly each schedule shall be considered in the determination of zoning provisions pertaining to individual properties" THAT Council supports the additional flexibility provisions as shown in CAPITALS within the attached Appendix 2; and THAT Council determine its position on whether pools, decks, sheds and minor additions should be permitted within woodland areas without the restrictions currently required under Section 34.1.4 (as discussed on the bottom page 5); and General Committee Meeting No. 04-17 Tuesday, June 15, 2004 Page 8 of 8 THAT staff continue to work with Ministry staff to finalize the details of the modifications and have by-law 4469-03.D approved expeditiously as possible. 12. PL04-070 - Proposed Regional Official Plan Amendment # 43 (pg. 225) Centres and Corridors RECOMMENDED: THAT the Region of York be requested to make modifications to proposed Regional Official Plan Amendment # 43: Section 5.5.7. be altered by adding the following: Individual Municipal Secondary Plans will not be required to meet this target depending upon the findings of the Secondary Plan Study and public consultation. This Section is not intended to suggest that the entire Regional Corridor will form part of the density target, only the Key Development Areas as determined by the area municipality. Section 5.5.4 be altered by adding the following as subsection e) areas within historic downtown cores and the residential neighbourhoods abutting them may achieve modest intensification through infill and compatible redevelopment but will not be subject to the 2.5 long-term FSI target; and THAT map 5 be clear in not delineating Yonge Street South as part of the Regional Corridor. GENERAL COMMITTEE - JUNE 15, 2004 ARPCA Aurora Residents Pet Care Association June 9, 2004 Bob Panizza Town Clerk The Town f Aurora Re: Request to make a Deputation Subject: Kennel Inn It is our understanding that a report will be forthcoming regarding Kennel Inn, and that it will be addressed at the General Committee Meeting scheduled for Tuesday June 15, 2004 (meeting @ 7PM). Therefore, we wish to appear before the General Committee. Please acknowledge that our delegation will be placed on the agenda so that we may have an opportunity to address the Committee on June 15, 2004. Kindly send your confirmation to e-mail: aurorarpca@yahoo.ca Thank -you, Aurora pssufents (Pet CareA.ssociation D1 GENERAL COMMITTEE - JUNE 15, 2004 AGENDA ITEM # / �r",f.,�`°�„ TOWN OF AURORA EXTRACT FROM GENERAL COMMITTEE MEETING NO. 04-16 HELD ON TUESDAY, JUNE 11 2004 DEFERRED TO JUNE 15, 2004 AT JUNE 8T" COUNCIL VI 3. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION PL04-066 - Update Servicing Constraints and Allocation Issues - York Durham Servicing System (YDSS) Moved by Councillor Gaertner Seconded by Councillor Morris THAT Council receive Report No. PL04-066 respecting servicing constraints and allocation issues in the York Durham Sewage System. CARRIED - 1 - GENERAL COMMITTEE - JUNE 15, 2004 TOWN OF AURORA COUNCIL REPORT No. PL04-066 SUBJECT: Update Servicing Constraints and Allocation Issues York Durham Servicing System (YDSS) FROM: Sue Seibert, Director of Planning W.H. Jackson, Director of Public Works DATE: June 1,-2004 RECOMMENDATION: THAT Council receive Report No. PL04-066 respecting servicing constraints and allocation issues in the York Durham Sewage System; THAT Aurora Council indicate its support of the Region of York in their pursuit of the approval permits required to allow the construction of the necessary sewage capacity to allow planned Regional growth; THAT Mayor Jones be requested to continue to press Regional Council to provide an equitable share of the available servicing capacity to the Town of Aurora; THAT the Ministers of Environment and Municipal Affairs be advised of the Town's concerns respecting the infrastructure delays; THAT Staff be requested to continue to monitor this matter including attending meetings and providing information as required; and, THAT staff update Council on this matter as appropriate. BACKGROUND: At the General Committee Meeting of April 6, 2004, the Committee had before it a report from the Director of Public Works dealing with Regional Infrastructure Servicing Issues. The report outlined delays that are impacting major sanitary sewer projects that are required to provide for the continued growth of the Region including Aurora. It emphasised that while the delays are projected to be temporary, constraints on new development approvals may result. Staff also reported to Council in July of 2003 with respectto servicing allocation including a proposed increase in allocation for the Town of Aurora to service 56,000 persons consistent with the projected 2011 population. The report was received for information and staff was directed to prepare a further report updating the principles by which allocation is granted. As outlined below new approaches to allocation will need to be considered and -2- 3ENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 - 2 - Report No. PL04-066 implemented in order to deal with new constraints. COMMENT: Since April 6, 2004, much work has been undertaken to better define the potential for surcharging of the York -Durham Sewage System (YDSS) and the impact on growth if sewer capacity improvements are not implemented as scheduled. Regional Council at its meeting of May 20, 2004 considered a report and presentation that outlined the technical issues and suggested how available servicing would be distributed. That report sets out a schedule for completion of the projects based on approvals being given by upper levels of government. Should these approvals be delayed, the projects would be delayed correspondingly. The situation we are facing today is best shown by the attached graph entitled "YDSS Proposed Capacity and Service Population" Capacity Restraints and Impacts Presently, there are 6 capital, capacity improvement, projects scheduled for the YDSS as listed below (and shown on the attached map entitled "Wastewater Priority Projects") together with their critical approval dates. The construction dates shown are dependant on achieving the approval dates. APPROVALS CONSTRUCTION COMPLETION 16 Avenue PTTW — July 2004 2007-2008 19 Avenue PTTW — November 2004 2006 South East Collector 2008 EA — March 2005 PTTW — December 2005 Bathurst — Langstaff 2007 PTTW — December 2004 Dufen Creek WPCP Expansion 2009 EA — March 2005 C of A — 2006-2007 Ninth Line PTTW — October 2004 2005 PTTW — Permit To Take Water EA— Environmental Assessment WPCP — Water Pollution Control Plant C of A — Certificate of Approval At this point, the main areas of concern are receipt of the PTTWs for the 191h and 16lh Avenue sewers. The application for the 16th Avenue (Phase Two) PTTW Is now 23 months old. The Region has already committed to as much as $10 million in environmental and well mitigation measures to assist with temporary construction impacts. Meetings with Ministry of the Environment both at the staff and political levels have been ongoing for sometime. Regional Council at its meeting of May 20, 2004 endorsed a strategic approach to obtaining the required permits with the formation of a "Chair and Mayors Task Force" which is supported by a York Region Staff Team dedicated to this matter. The York Region Staff -3- GENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 .3. Report No. PL04-066 Team receives input from external consultants, the development industry and their supporting consultants, a municipal liaison team, regional technical support and other stakeholder groups. Technically, it has been determined that failure to provide the additional capacity needed within the YDSS at the appropriate time will substantially increase the potential for surcharging of the YDSS. For example, if the 19th Avenue Sewer is completed but the 16th Avenue trunk sewer and the South East collector sewers are not completed as per the above schedule the north area of Richmond Hill (Elgin Mills/Major Mackenzie cantered around Yonge Street) and Markham (south of 16th Avenue between Woodbine Avenue and Warden Avenue) are in danger of sewer surcharges into homes (see attached map entitled "2007 YDSS Model Without 16th Ave. Trunk & SE Collector"). Even if the 16th and 19th Avenue trunk sewers are constructed as scheduled but the South East Collector sewer is not, portions of Markham south of Highway 7 near the gth Line as well as the Rouge River valley will be in danger of receiving sewer surcharges (see attached map entitled "2008 YDSS Model Without SE Collector"). 2. Servicina Allocation Implications In respect to the population projections and servicing allocation, Regional Staff in concert with Town staff looked at existing registered lots, draft approved lots and the population projected for mid 2007, the time by which key projects should be completed provided.the above noted approvals are granted. As a result of these discussions, at its meeting of May 20, 2004, Regional Council was presented with the attached table entitled "YDSS Capacity and Planning Analysis" that distributes the available servicing capacity based on each municipality's projected growth. Aurora's projected serviced population for mid 2007 is 50,133. This is exclusive of approximately 2000 people living in unserviced parts of the Town and the census undercount which accounts for about 4% of the counted population or about 2000 people. The projection is very close to the projection recently carried out by Hemson as part of the Town's Development Charge Update. The number of additional units that would be available is shown as 1677. That is equivalent to about 500 units each year between the middle of 2004 and middle of 2007. The 10-year average building permits issued per year is 455 permits and the 5-year is 485. There are currently 2067 draft approved lots within the Town and 84 units on site plans that are approved. The result is a short fall of 474 units. In light of the above several initiatives will be necessary: Consideration needs to be given to the current allocation chart to determine if the properties to which allocation have been granted are still appropriate if view of the constrained capacity and the Town's objectives; Consideration to placing a moratorium on the processing of new residential development at least until there is a clear understanding of the timing of approvals 3ENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 -4 - Report No. PL04-066 and implementation of the major servicing projects noted above. Staff intends to review this matter internally through the Management Team and through consultation with the development industry and will report further on both of these initiatives. OPTIONS: With respect to the technical input to this matter, there are no options Politically, the Town is involved in the "Chair and Mayors Task Force" and staff are involved in both the engineering and planning sides of this matter. CONCLUSIONS: The delays in approvals of major infrastructure projects in south York Region have impacts on the planned growth within the Town of Aurora. The key concerns and issues as noted in this report have also been presented to Regional Council and are listed as shown in the attached "YDSS Capacity and Planning Key Issues". Staff wilt continue to monitor the progress of the infrastructure projects and will report further to Council on that matter as well as the specific issues of servicing allocation within the Town of Aurora, FINANCIAL IMPLICATIONS: As noted in the previous report, it is difficultto ascertain the financial implications. Certain financial commitments have been made based on anticipated growth. If it is determined that this growth is not attainable, further reports and decisions will be required, LINK TO STRATEGIC PLAN: Goal "C" speaks to continuing the well -planned moderate growth of the Town, ATTACHMENTS: • Report No. PW04-018 • "YDSS Proposed Capacity and Service Population • "Wastewater Priority Projects" • "2007 YDSS Model Without 16t" Ave. Trunk & SE Collector" • "2008 YDSS Model Without SE Collector" "YDSS Capacity and Planning Key Issues" • "YDSS Capacity and Planning Analysis" -5- GENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 - 5 - Report No. PL04-066 PRE -SUBMISSION REVIEW: C.A.O - May 27, 2004 Prepared by. Sue Seibert, Director of Planning Extension 4341. W.H. Jackson, Director of Public Works Extension 43711 yzz 4 §'4eSdjhert, MCIP, RPP Director of Planning W.H. Jam n, P.Eng Director of Public Works 3ENERAL COMMITTEE - JUNE 15, 2004 TOWN OF AURORA {l GENERAL REPORT No. 1 1 Y 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. 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 "l6'h 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 16th 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, -7- GENERAL COMMITTEE - JUNE 15, 2004 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 quicker than 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 i, 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 16" 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. OPTIONS With respect to the technical input to this matter, there are no options. WE 3ENERAL COMMITTEE - JUNE 15, 2004 April 6, 2004 - 3 - Report No. PW04-01 S 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'".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. Jacksorr1 Director of Public Works GENERAL COMMITTEE - JUNE 15, 2004 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 16ei 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 16"' Avenue Trunk Sewer Project (see Attachment 1). These are: 1. Ninth Line Trunk Sewer, from Box Grove to south of Major Mackenzie Drive. 2. 16u' Avenue Trunk Sewer, Phase 1, from Ninth Line to Stone Mason Boulevard. 3. 16d' 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 160'Avenue and then along l6d' Avenue westward to Stone Mason Boulevard. The Ninth Line Sewer was completed in December 2002, and is in service. The 16c' Avenue Phase I sewer from Ninth Line to Stone Mason Boulevard will be completed and put into service by mid February 2004. Phase 2 of the 16a' 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 proj ect, 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 -10- 3ENERAL COMMITTEE - JUNE 1512004 16th Avenue Trunk.6ewer, 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 26`h, 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 MOB". 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, 20D4 - 11 - GENERAL COMMITTEE - JUNE 15, 2004 t Sth Avenue Trunk Sewer, Phase 2 Construction Contract 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 -12- 3ENERAL COMMITTEE - JUNE 15, 2004 16th Avenue Trunk Sewer, Phase 2 Construction Contract 4.3 Schedule Implications The delay in acquiring the PTPW has resulted in a delay to the commencement of phase 2 of the project, Once the PT 1 W 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 Assurance/ Proactive Mitigation environ- mental Manage- ment Plan 0h Line $34,145,000 $4047,000 Dewatering Permit* 250,000 Water Supply * 20,000 16`s Avenue Phase 1 27,231,000 539,000 Dewatering Permit* 100,000 Water Supply 1,530,000 %th Avenue Phase 2 42,677,000 Dewatering Permit $200,000f $1,393,000 tt$7,000,000 Water Supply tt$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. fit Current estimates. The total project costs noted above will be funded from development charges (801/o) and wastewater user rates (20%). Transportation and Works Committee Marsh 3, 20D4 -13- GENERAL COMMITTEE - JUNE 15, 2004 16th Avenue Trunk Sower, Phase 2 Construction Contract 6. LOCAL MUNICIPAL IMPACT The 161h 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 Dian" 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: -�VNitti Subramaniam, P.Eng. Project Manager Infrastructure Design and Construction Recommended by: Kees Schipper, P.En� Commissioner of Transportation and Works February 20, 2004 Attachment 1 NS/mh IDW06/200412004.1/Marsh 3/ 16th Avenue Transportation and Works Committee March 3, 2004 Reviewed by: aul Jankowski, P.Eng. Director, Infrastructure Design and Construction Approved for Submission: km— ichael R. Garrett Chief Administrative Officer -14- - COUNCIL arracHmEnrrI 3ENERAL COMMITTEE FIF _ r , ,.. •: ,.- . R\t3'---' .. '�1, 1�3 � �� 1'1� .Y �; � •ar) 1 t" ' . •r.^�^. },ti�.r •� \ _ .� :::' ' l' h .i �3t�1 r!7'=�Cjt`c-�r3''�'�V' ti �'S;�� "� ' }'<, R01 C,-S`� ,�; _ Q ~��F r. f+,, •� \ �iV/ Lis-�c_y��.: � Mr' �yo0d r- r "4 5'r -1D: A- Sd ell 'IwI L.__��l'" t t l`�(j ''rL ri•S .1C' • r 'U"i"1^r_1�--'' i tJ't.''y '. CL ot nr yy ._ .. .... �.,i..r•` '-I^ ' 1 �• • o •,\.� ,� r y1 �\ ' ,,11�7�_^it}.',I 'F � \ r.rF yi I l Ott ' •. ` ,1-. U.'1 • ?' \ r'� ' `i�.a- Tom' IV 2L\ IP ve"qa'`',i,��'��;� L.� �y�' it �C_"'•�'"z.- t p No r.r\. ' ••a' `Od , •"i�j, _... `, %' lsyt-�''t ' i : •Y\ .s^T l.C+ -.iy i_•'L' i'.. *'`�•�iw .-�]a"YC T "�' y •t \\\ r � 'SLI�Bt-+/` H� ,:...v .�,�1 .. `^i'�..s � (...-,:r l']-.55�•n} ;I��E� iKfp ' I s I; ly.o"4,;•• tip'*'.'-':',-P1`1m- _ tr rt'� tr � U f ii r 11\ -„�� ....�" '"`raeiiae' �, y��4'aa,} .�� ✓,�'i� al'� �,�-;' ' ` �GTZ� tir' �Zy h..� .,,,i. ...+\" ��,�•£yl��+ ,�,\ i' t �'� yr\1� Yi s ]}' �,,�u' i- `�5i ' �_}-• , �� i} :. c ._ �", sr Clt�•�. 14 = �C�^�.5.1'' j��,�'`' 4-' i L, ,,`r`:.7r1 ;,�5,,, a7 C1 r r'; .-� t 1 , 1 ,^1Ct �- \ \/; �'-'1,.�1, }-"1 .14�it C� ' _.l, i � � `✓ % �' i`�,+ ,.t1�-�:'Y,� + 'y�i��?5,,. �� .'� �� ie...:4.1,-•„t�ti �µ,� f't � ,� CCQ� ��•'jr r'�il.;�l^ 'Y +"' s{p"90.� l��Y .. f` �,` �'1, ` r,L.,..'c. 1�� }`!� �•;s/, 1. ,,:i' w,u ti'R ,,..`s i•i�.l 1;}... �•Iyy. 4i...._ .,V S'\ i yy�.. ` ! ' , !O tl1 CS {.� .� C ♦ 11 ,� ,' /7 �.- �:,'..-• i'!,.•y,. {ems , I'�:f �-.-i}l�. -':�i i yl--C- \ , C'`•:+) J Y�-f�'.��A C`, i�:.�r•-'`= n `, ,' �)lr t'L'; ;rsfry!.lii7: r�'('Vi; t..:s`. `tj�• -y�Vi ,.';lrt:s,••t t�.l .: ,`� �:..:r.^1 wvwwwrw,rvw,w:rve,pw.maunu A•&vaMoi� -15- ro COMMITTEE - JUNE 15, 2004 a U N c D 'U y cn }I Y C 7 f" C d L F„ C .. _.._.__.. _ N .__._.. .. __... J C ' Q C � L N W (D *- C). - b O O O pO b 6 b O O O O C O O O o O p o O O T Y W N 0 N b O N -16- 3ENERAL COMMITTEE - JUNE 15, 2004 o '- 0 m c a- Ncu C LL. � 2.2 cu L ro -17- ITTEE - JUNE 15, 2004 pq M—ol-so MR FM ORR �d 48 C9 M�oVan, ,j(en0edy , Warden ------ - Woodbine ------ 772 CC -18- GENERAL COMMITTEE - JUNE 15, 2004 -19- GENERAL COMMITTEE - JUNE 15, 2004 > ® ® CL CD cc CL 0 CD 0 • Q r. 6CClt NT..i 0 � � � 0 °CL c cu .0 0 r f9 >o ai ® � a 0 E cc .E O L.® ® w E w E � 0 cn � g r. (�} tb) cc Z . -20- 3ENERAL COMMITTEE - JUNE 15, 2004 W to _o f��• N 5{yy �. a m a e 2 d o m m O^ P p N Its m ^^ '}a O C B m 9 P •l N lQ m P fl m H '��ei •i aT .". 'am m' 0 p m @ p m I�py qm a r u° rr e n W "'• tl f5 g eem a 0 0 •� ry p Opt b q b� O e� d b b ,dp d m ^ 6 _ A e m n � 0. ry�a�ri.-�tiW�� N �• C �q �r•. yµ� a a bq {2 F U ,� � . C � S •m. Z N 2 R W a X N? O w z Q I-- m Q s 0 C o m n a m E g � v 6 ^n 7 e •� yw". O am y a m m II p c T� �cLYV a m pi�av � mmm� e E 9 m q pb, pa .N pS,V p6 q�q��y} � rymC� p4p? C c d ;^ g�YfA�qq�4�Gi 5^pT}V� �r a 7m W 2d42X u1� E E a 91.`E -21- GENERAL COMMITTEE - JUNE 15, 2004 AGENDA ITEM # (Z TOWN OF AURORA el GENERAL COMMITTEE REPORT No. PW04-021 SUBJECT: Tannery Creek— Surface Water and Sediment Sampling Results FROM: W. H. Jackson, Director of Public Works DATE: June 15, 2004 RECOMMENDATIONS THAT Report No. PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled "Tannery Creek— Surface Water and Sediment Sampling Report" be forwarded to the Ministry of the Environment with a request that they exercise their jurisdiction so as to require Maple Leaf Foods Inc. or the current owner or occupant to: conduct the necessary investigations to fully identify the full scope and extent of the contamination of the soil or groundwater and to prepare, for the approval of the Ministry, a remedial plan, satisfactory to the Ministry, designed to prevent any further off -site migration and to remediate the subject property; and determine if the sedimentation in the Tannery Creek along those sections identified in Report No. PW04-021 poses a threat to aquatic life through benthic surveys and bioassays; 2. THAT Report No.PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled "Tannery Creek— Surface Water and Sediment Sampling Report" be forwarded to Maple Leaf Foods Inc.; 3. THAT Report No. PW04-021 "Tannery Creek — Surface Water and Sediment Sampling Results" and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled `Tannery Creek— Surface Water and Sediment Sampling Report" be forwarded to the following agencies for whatever action they feel appropriate and that these agencies be requested to provide guidance to the Town on this matter. • The Region of York Health Department, -22- 3ENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 2 - Report No. PW04-021 The Region of York Transportation and Works Department; • The Lake Simcoe Region Conservation Authority; • Environment Canada; and • Department of Fisheries and Oceans. 4. THAT staffbe requested to undertake public information initiatives (including a public information session) to inform property owners abutting Tannery Creek in the general area from Wellington Street West to Aurora Heights Boulevard of the results of the investigation as described in Report No. PW04- 021; 5. THAT staffbe requested to continue with stormwatermanagement initiatives that minimize phosphorous discharges and incorporate creek restoration/naturalization in order to improve surface water quality; and 6. THAT staff be requested to continue efforts to isolate other potential sources of contamination in the Town's watercourses as generally described in Report PW04-021. BACKGROUND Historical evidence exists to confirm that a tannery (Collis Leather) operated at 45 Tyler Street in the 1910 to 1988 period. In typical tanning operations, hides are pickled in salt and sulfuric acid and then soaked in a solution of sodium dichromate salt (chromium salt). Additional treatment includes application of sodium thiosulphate and borax to set the chromium salt on the fibres. Hides are then shaved (to remove the blue hue caused by chromium tanning), sorted, coloured and stretched. The principle concern related to tanning is the use of chromium salts. To ascertain any impacts this tannery operation may have had (or continues to have) on the quality of the water and sediment within the Tannery Creek, a sampling program of both surface water and sediment within Tannery Creek was undertaken. This report is intended to provide an overview of the work undertaken by the Town's environmental consultant Earth Tech Canada Inc. (Earth Tech) and reported by them in their June 7, 2004 report entitled "Tannery Creek —Surface Water and Sediment Sampling Report" (the Consultant's Report). The Consultant's Report has been provided to the Mayor and Councillors under separate cover and a copy is available for viewing in the Public Works Offices: -23- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 3 - Report No. PW04-021 1, Sampling_ Regime The attached copy of Figure 2 (Appendix "A") from the Consultant's Report shows where the samples were taken forthis study. As can be seen, samples were taken upstream and downstream of 45 Tyler Street. Samples were also taken on what has been called the Eastern and Western Tributaries to Tannery Creek. The purpose of this sampling pattern was to isolate direct effects from 45 Tyler Street. The sediment samples were taken at three depths (0-5cm, 5-15cm and 15-25cm) to allow an appreciation of the effects of time on the concentration levels (it is logical to assume that the deeper the sample the longer the material has been at that location). In addition to the above, it is noted that samples were taken at two distinct time intervals (Oct./Nov. 2003 and March 2004). The first phase was concentrated immediately upstream and. downstream of 45 Tyler Street. The second phase expanded the sampling regime to ensure the first phase results could isolate the source of the impacts. 2. Sample Analysis Methodology Both the surface water and sediment samples were submitted to an independent certified laboratory for analysis. The results of the surface water analyses were compared to the MOE "Provincial Water Quality Objectives, July 1994". The results of the sediment analysis were compared to the MOE "Guidelines for the Protection and Management ofAquatic Sediment Quality in Ontario, August 1993". In this document, there are three levels of effect to compare samples to as defined by "No Effect Level", "Lowest Effect Level" and "Severe Effect Level". The Lowest Effect Level and Severe Effect Level are based on long-term effects which the contaminations may have on the sediment -dwelling organisms. The No Effect Level is based on levels of chemicals that are so low that no contaminants are passed through the food chain and no effect on water quality is expected. Appendix "B" provides more information on these three comparison levels. 3. Sample Analysis Results The two surface water samples submitted for metal analysis had concentrations of aluminium, iron and phosphorus exceeding the Water Quality Objectives. The attached copy of Table No. 4 (Appendix "C") from the Consultant's Report provides all of the surface water analytical results. As can be seen, for both the upstream and downstream samples, concentrations of aluminium, iron and phosphorous were recorded that exceeded the July 1994 Provincial Water Quality Guidelines. The concentrations were similar between the upstream and downstream samples suggesting that these are background, levels in the creek likely from urban runoff. -24- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 4 - Report No. PW04-021 Further, with respect to the surface water, the Consultant's Report notes that "visual observation, in accordance with the Provincial Water Quality Objectives oil and grease guidelines, suggestthat oil and grease concentrations are nota concern in surface water". In the sediment samples (see attached Table No. 2 from the Consultant's Report — Appendix "D"), there were no metal concentrations that exceeded the Lowest Effect Level in the sample immediately upstream of 45 Tyler Street ("Upstream — First Station"). On the other hand, the two samples immediately downstream of 45 Tyler Street ("Downstream — First Station and Second Station") displayed a number of metal exceedances including one or more of arsenic, total chromium, copper, iron, cadmium, lead and mercury. Along this section of Tannery Creek (from Tyler Street to immediately north of Wellington Street West) it can be concluded that the Creek is significantly polluted according to the MOE Sediment Quality Guidelines. From the copy of Table 3 (Appendix "E") of the Consultant's Report, it can be seen that there were no exceedances in the sediment samples for Volative Organic Compounds or Total Petroleum Hydrocarbons. Figure 8 (Appendix "F") from the Consultant's Report provides a pictorial summary of the sediment concentrations of all the contaminants of concern. 4. Discussion The discussion of the results of this study has been separated into the two distinct areas (surface water and sediment) of sampling. 4.1 Surface Water Samples As noted in Section 3, concentrations of aluminium, iron and phosphorous that exceeded the July 1994 Provincial Water Quality Guidelines were recorded in the section of Tannery Creek immediately upstream and downstream of 45 Tyler Street. The values recorded were similar leading to the conclusion that these are background levels in the creek likely from urban runoff. In our efforts to reduce these higher than desired levels, we need to continue our program of improving maintenance of our storm water management ponds (a report on this matter will be before Council shortly). Additionally, the work that has begun to convert existing quantity only storm water ponds to quantity and quality ponds (i.e. the Kennedy Road/Deerhorn Crescent pond upgrade) should continue. -25- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 5 - Report No. PW04-021 4.2 Sediment The Consultant's Report identifies sediment contamination at various points in the Tannery Creek. As noted in the Consultant's Report: "Through data interpretation, the source of the high concentration of total chromium and arsenic in the sediment samples appears to be from the Tannery Creek upstream (south) of Tyler Street and downstream (north) of Reuben Street". This would appear to place the source of the contamination within the site of 45 Tyler Street where the Collis Tannery operated for some 80 years. Confirmation of this can only occur if the appropriate site investigation is undertaken. Inasmuch as this is private property, including that portion of the creek thatflows through 45 Tyler Street, the owner should be requested to conduct this investigation and report their findings to the Town and the Ministry of the Environment. The extent of the contamination (i.e. length of the creek that is contaminated) is not obvious because the samples immediately north of Wellington Street West ("Second Downstream Station") contained contaminant concentrations that did not show up in the samples of the next downstream station north of Aurora Heights Boulevard ("Fourth Downstream Station"). Further work to more accurately place the extent of the contamination is required. As further noted in the Consultant's Report: "The source of high concentrations of copper and lead in sediment is likely upgradient along the Eastern Tributary Creek (upgradient of the second upstream station). The source of the high mercury concentrations in sediment cannot be ascertained at this time." Attempting to track down the sources of these contaminations can be an onerous task. The catchment area of the Eastern Tributary Creek includes most of the lands between Industrial Parkway and Yonge Street north of Industrial Parkway as well as significant portions of Vandorf Sideroad, Alm Court, Jarvis Avenue, Gilbert Drive, and Candac Valley Drive. Other than an extensive sampling program, the best approach is to attempt to narrow down the potential sources by investigating historical and current property use information. This initial step may help in better defining the area so that a more effective and efficient sampling program can be proposed. There is, of course, no guarantee of success (i.e. pinpointing of source) to an investigation of this type. -26- 3ENERAL COMMITTEE - JUNE 15, 2004 June 16, 2004 - 6 - Report No, PW04-021 5. Next Steps Beyond the technical work that remains to be done to deal with the identified contaminants as described in this report, the owners/occupants of property abutting Tannery Creek, particularly in that section from Tyler Street to Aurora Heights Boulevard, need to be informed of this situation. In this regard, staff proposes to undertake a number of public information initiatives that would include mailed out material and a public information meeting. At this meeting, staff would be assisted by consultants with the necessary expertise to fully inform the residents of our findings and the consequences of those findings. Representatives from other government agencies would also be invited to this meeting. OPTIONS Council may not wish any further investigation be undertaken with regard to this matter until the Ministry of the Environment and/or the Regional Department of Health provides guidance. FINANCIAL IMPLICATIONS To date, the Town has spent in the order of $12,000 for consulting fees in undertaking the design and implementation of the analysis report. Staff time has been consumed in liaison with the consultant. Additional funds will be expended (display material and consultant time) for the proposed public information activities. Depending on the results of the requested on -site analysis of 45 Tyler Street, it is believed that an attempt should be made to recover these costs plus any future costs incurred from the property owner of 45 Tyler Street. CONCLUSIONS A surface water and sediment investigation of the Tannery Creek centred on Tyler Street was undertaken to ascertain the impacts, if any, from local historical or current industrial activities. The investigation has produced evidence (yet to be confirmed) that an historic industrial activity has contributed certain contaminants to the sediment of Tannery Creek. The various ministries/organizations with jurisdiction in this matter have been requested to exercise their authority and/or provide guidance to the Town. Other contaminants have been identified that will require further investigation if a source for -27- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 7 - Report No. PW04-021 these materials is to be identified although it is recognized that the catchment area is large and accordingly, satisfactory results in this regard may not be attainable. LINK TO STRATEGIC PLAN Goal "C" includes the initiative that Council will address matters affecting public safety, property and the environment when they arise. And will formulate specific measures to address concerns. ATTACHMENTS • Appendix "A"- Sediment and Surface Water Sampling Location • Appendix "B" — Comparison Levels for Sediment Samples • Appendix "C" — Surface Water Analytical Results — Metal Parameters • Appendix "D" — Sediment Analytical Results — Metal Parameters • Appendix "E" — Sediment Analytical Results — Volative Organic Compounds and Total Petroleum Hydrocarbons • Appendix "F"—Summary of Sediment Concentrations for Contaminants of Concern PRE -SUBMISSION REVIEW Management Team Meeting — June 9, 2004 Prepared by: W. H. Jackson, Director of Public Works, Ext #4371 W, H. t4qWn Director of Public Works IME INSERTS APPENDIXES A - F NOT PAGE NUMBERED APPENDIX "A" NOTE 1: FIRST UPSTREAM STATION SAMPLE INTERVAL DEPTH OF SAMPLING DATE SAMPLE ID (cm) WATER (cm) Oct. 6, 03 Sed-1 0-5 NA Nov. 21, 03 Sed-3 0-5 NA Nov. 21, 03 Sed-4 5-15 NA Oct. 6, 03 SW-1 NA NA Nov. 21, 03 SW-3 NA NA NOTE 2: SECOND UPSTREAM STATION SAMPLE INTERVAL DEPTH OF SAMPLING DATE SAMPLE ID (cm) WATER (cm) Mar. 12, 04 Sed-104-1 0-5 8 Mar. 12, 04 Sed-104-2 5-15 8 Mar. 12, 04 Sed-104-3 15-25 8 NOTE 3: FIRST DOWNSTREAM STATION SAMPLE INTERVAL DEPTH OF SAMPLING DATE SAMPLE ID (cm) WATER (cm) Oct. 6, 03 Sed-2 0-5 NA Nov. 21. 03 Sed-5 0-5 NA Nov. 21, 03 Sed-6 5-15 NA Nov. 21, 03 Sed-7 0-5 NA Nov. 21, 03 Sed-8 5-15 NA Oct. 6, 03 SW-2 NA NA NOTE 4: SECOND DOWNSTREAM STATION SAMPLE INTERVAL DEPTH OF SAMPLING DATE SAMPLE ID (cm) WATER (cm) Nov. 21, 03 Sed-9 0-5 NA Nov. 21, 03 Sed-10 5-15 NA Mar. 12, 04 Sed-102-1 0-5 6 Mar. 12, 04 Sed-102-2 5-15 6 - Mar. 12, 04 Sed-102-3 15-25 6 NOTE 5: THIRD DOWNSTREAM STATION SAMPLE INTERVAL DEPTH OF SAMPLING DATE SAMPLE ID (cm) WATER (cm) Mar. 12, 04 Sed-103-1 0-5 12 Mar. 12, 04 Sed-103-2 5-15 12 Mar. 12, 04 Sed-103-3 15-25 12 NOTE 6: FOURTH DOWNSTREAM STATION SAMPLE INTERVAL DEPTH OF SAMPLING DATE SAMPLE ID (cm) WATER (cm) Mar. 12, 04 Sed-101-1 0-5 5 Mar. 12, D4 Sed-101-2 5-15 5 Mar. 12, 04 Sed-101-3 15-25 5 DRAWN BY: Figure 2 LD Sediment and Surface Water Sampling Location (October 2003 to March 2004) CKD. BY: Tannery Creek Sampling TM Aurora, Ontario 0 50 100 200 300 SCALE IN METRES E A R T H `j T E C H Earth Tech Canada Inc. �wMarkkhan, Ontario 905-886-7022 SCALE: As Shown DATE: June 2004 PN. PN 69988 APPENDIX "B" COMPARISON LEVELS FOR SEDIMENT SAMPLES The MOE "Guidelines for the Protection and Management of Aquatic Sediment Quality in Ontario" establish three levels of effect which are designed to help environmental managers determine: When sediment may be considered clean; What levels of contamination are acceptable for short periods of time while the source of the contamination is being controlled and cleanup plans are being developed; and • What levels of contamination are considered severe enough to consider the possibility of either removing the sediment or covering it with a layer or two of cleaner sediment? This is called capping. The three levels of effect are: • The No Effect Level: This is the level at which the chemicals in the sediment do not affect fish or the sediment -dwelling organisms. At this level no transfer of chemicals through the food chain and no effect on water quality is expected. Sediment that has a No Effect Level rating is considered clean and no management decisions are required. Furthermore, it may be placed in rivers and lakes provided it does not physically affect the fish habitat or existing water uses — for example a water intake pipe. • The Lowest Effect Level: This indicates a level of contamination which has no effect on the majority of the sediment -dwelling organism. The sediment is clean to marginally polluted. Dredged sediments containing concentrations of organic contaminants — PCBs or pesticides, for example that fall between the No Effect Level and the Lowest Effect Level may not be disposed of in an area where the sediment of the proposed disposal site has been rated at the No Effect Level or better. Contamination in sediment that exceeds the Lowest Effect Level may require further testing and a management plan. • The Severe Effect Level: At this level, the sediment is considered heavily polluted and likely to affect the health of sediment -dwelling organisms. IF the level of contamination exceeds the Severe Effect Level than testing is required to determine whether or not the sediment is acutely toxic. At the Severe effect level a management plan may be required. The plan may include controlling the source of the contamination and removing the sediment Town of Aurora PN 69988 Table APPENDIX "Ct' Tannery Creek Sampling Surface Water Analytical Results - Metal Parameters Aurora, Ontario Parameter ll PWQOSI Upstream Downstream First Station SW-Dup (Duplicate Sample ID SWA SW-3 SW-2 ofSW-2 Field Blank Date IWM3 11rz1ro3 10y5ro3 l(s&03 1 10i8ro3 Aluminum <5 75 -e_ _ NA •.` ,. - <5 <0.5 <0.5 <0.5 Antimony <0.5 20 NA <0.5 Arsenic <2 100 <2 NA <2 <2 <2 Barium <5 NC 123 NA 120 122 <5 Beryllium <1 11001 <1 NA <1 <1 <1 Bismuth <1 NC <1 NA <1 <1 <1 Boron (total) <5 200 23 NA 25 24 <5 Cadmium <0.1 0.5' <0.1 NA <0.1 <0.1 <0.1 Calcium <5D0 NC 89400 NA 87200 88200 <600 Chromium (III) <5 8.9 <511 NA <611 <511 <511 Chromium (VI) <10 1 <10 NA <10 <10 <10 Cobalt <11 0.9 0.2 NA 0.1 DA <0.1 Copper <D.5 56 2.2 NA 3.3 2.1 <0.5 Iron <30 300 NA <30 ➢w Lead <0.5 57 2.8 NA 2.3 2.4� <0.5 Magnesium <50 NC 18500 NA 18200 18400 <50 Manganese <5 NC 62 NA 52 54 <5 Mercury <0.05 0.2 <0.05 NA <0.05 <0.05 <0.05 Molybdenum <1 40 <1 NA <1 <1 <1 Nickel <1 25 <1 NA <1 <1 <t Phosphorus <50 300 NA_=. <50 <50 .`m- 1900 1900 Potassium <100 NC NA 1900 <100 Selenium <2 100 <2 NA <2 <2 <2 Silver <DA 0.1 <0A NA <0.1 <0.1 <0.1 Sodium <100 NC 37700 NA 38700 38300 <100 Strontium <t NC 240 NA 238 246 at Thallium <0.05 0.3 <0.05 NA <0.05 <0.05 <0.05 Tin <1 NC <1 NA <1 <1 <1 Titanium <5 NC 7 NA 7 7 <5 Uranium <0.1 5 0.5 NA 0.5 0.5 <0.1 Vanadium <0.5 6 0.8 NA 0.7 0.8 <0.5 Zinc <5 30s 10 NA 10 18 <5 Hardness NA INC NA 336.510 NA NA NA pH NA INC 8.23 NA 8.03 8.02 5.8 All resells expressed In ppb (uglL) unless otherwise noted 1 MDL- Analytical Method Detection Limit ' PWQOs :Water Management policies, guidelines, Provincial Water Quality Objectives'. July 1994, Ministry of EnNrooment and Energy aluminum criterion of 75 pglL was used for surface waterwith pH > 6.5 to 9.0 ° beryllium criterion of I W) pel-was used for surface waterwith hardness greater than 75 mglL °cadmium criterion or 0.5 pet -was used for surface waterwith hardness greater than 100 mdr- ° copper criterion of 6 pglL was used for surface waterwith hardness Qreater than 20 be lL 1lead criterion of 5 pg/L was used for surface waterwith hardness greaterthan 60 it lL °The PWQO Indicates that Insufficient Winches Is available to develop a firm objective however as a general guideline 3D pg/L will provide pmtoction against excessive plant growth in rivers and streams. s Interim PWQO Is 20 pg/L e Hardness expressed as CaCO3 gal 11 Analytical result is presented as Total Chromium, �m�JlYss Exceeds PWQOs Criteria <50 Exceeds Method detection limit, so that no comparison against criteria could be made. <0.02: Rasull less than mathotl tlelecfion limit NO - No Criteria Available NA- Not Analyzed Page 1 of 1 Earth Tech Canada Inc. APPENDIX "D" � o v v� .r- v v .r- Z N � o V ^' y °fir' v v � m N m� 2 Z 1� v a .. N V O0 v V �: w N Z Z OF N k LL a C N O N v M Z T m V 0 v 'V N .�l O V O p M O W Z Z N M N N NN h N V V V r V N C O L N e^ C V Q Q M M N O N Z Z M OO OV A M QQ CNI In N M Q M N Q m p O 10 Q Q V N �- Z p f' Z V M N P Z V ry N N N Z Z O NM y Q N" T N In Q Z O N M O OO Z N O Q t0 Q Q M M Q `V M O Z- Z Z Q V b Z v O P� n m V V Z � al:' m p V M M M pV V m N N m N Z Z A 3^ y N V v M O V M N N y v V V O Z r 9.`M V N M m Z Z M v E a V yyyyy m N r N N N p m N Q p O p 0 0 �- V v m Z b O fD M Q Q V N M V N N Z Z 9 O p e m N UE o m O1010�NQQ V OV OI O N M C V V Z O N N OV v m m N �- V Z Z N OV N N V ep- O V n O P 41 N N O Z Z V O O m V N Z n In I� n Z V N Z V N 0 Nry tr0 Z Z v v o"h.- a N m EEUQ N W 6 Z O N O O Z y (7 10 O Z Z Z O V M Q Q Q Q Q N N 10 Cn'l `" o o Z z v Z z Z- d' r o N p v v v p Z Z M Z Z" Z O Z Z O Z p N Z;:: N Z r Z Z Z Z Z Z Z Z W Z Z =�H O c N W; E S M N N M v wU J W J Z Z Z Z p Z Z Z- Z Z P O Z- Z Z Z Z Z Z Z Z Z Z J N p N N N N h Np N o p O O M N O M N VJ Q Q O O V O O V V V V V O Q V y V O V V y v V v V V V Z z y v N b O a E E E E E°' c 2E c EE E? a E v E$ y Z 522a 6 N DO QQ QMM UU U 00 U ti 0 APPENDIX "D" 9 M O_ a uy N N N O N O C m, r N Q tN9 n h V O M, t0 r C OOi yj . N N a Q V V N N Z Z ri N V N V V m V Viz N �- N OO ry N V m N N N V� Y N � LL R o O' N Ci C V C n N NO a y N M m C V m N N N Z Z Z' V' V V O N O. m m m 5 N � pppp .V V N Z {n9 OI h N O y N y a F O V W C) O O N Z Z V V 0' N O th N y T N � E v 6 m O y O V N n Z O V o- O V n V IN0 OO V A r M Z Z d p N N N y n � N O V N O r V N M O O O OO C�J O O Z h r V V r 0 N N Z Z m 01 m n 5 N � �F3 pppp b0' N N p p n D N y C y p V Z V V y y V h z Z VV V N � d Q z� P N n Q no Vz . V' O a-Q - v d' Q �N 'v p Q 6 N a a a W s O M �`ZZe v ZZZ- W pZ .ZZ r,y: N '- E3 �•' N ul O r Q Q O N n O n0 ypj E53 Q N a Z V °i Z o�+N� Q O O a N N Q m n �- N Q Q Z �v'N C'ZV Nj��-z z y n y VV C O tB0 N N N a N V N m n Z Z V z z z N p Z Z Z �V y h N N N E a d' uyp� a N N n Q �51� N n Q N Q Q 0 Cl Q Q N nZZ V ✓� N O Z �- N v Z_ V O Z ZZ V ZZZ m OsFl _ �j NN�10N O �Q��000'tll lON p10 dZ- nc M Z Z Z Z Z o z p N Z- N Z r Z Z z Z Z z Z Z m z z N zOZ0VnZ a w E a % N V U O D U b U tO U U. U N U N U O D U U U U U U U N U U Z z z z O Z N z Z- Z ^ z p O Z- z z z z z Z z z v z z jW J J O N O O N O N N v1N N O ry O O N O o ryO O N z Q y 0 0 V 0 0 V V V V V p V C V Ci V C v y 0 V y V V y z z `L V y V O t Z v E E m `m. v t > > E o c o @ u E>> E'' .. `w ci e d n y �v E E v> 6 E@ m w m m o o v o v m a o u t o 2 10 m S a moo" aa`ammUUUUc�c�LL=J22��i aammmow i=>a nm 4 N a Town of Aurora PN 69988 APPENDIX "El" Table 3 Tannery Creek Sampling Sediment Analytical Results - Volative Organic Compounds (VOCs) and Total Petroleum Hydrocarbons (TPH) Aurora, Ontario Parameter MDL1 Sediment Quality Guidelines' Upstream Downstream First Station Sample ID Sed3 Sed-2 Sed-5 Depth ra 0-5cm 0.5cm 0-51m Date IINIM3 a0/am3 Ifal/03 Lowest Severe Effect Level Effect Level Acetone 0.1 NA NA NA <0.1 NA Benzene 0.002 NA NA <0.02 0.004 <0.02 Bromodichlaromethane 0.002 NA NA NA <0.002 NA Bromofonn 0.002 NA NA NA <0.002 NA Bromomethane 0.003 NA NA NA <ODD3 NA Carbon Tetrachloride 0.002 NA NA NA <0.002 NA Chlorobenzene 0.002 NA NA NA <0,002 NA Chloroelhane 0.005 NA NA NA <0.005 NA Chloroform 0.002 NA NA NA <0.002 NA Chloromethane 0.005 NA - NA NA <0.005 NA Dibromochloromethane 0.002 NA NA NA <0.002 NA 1,2-Dichlombenzene 0.002 NA NA NA <0.002 NA 1,3-Dichlorobenzene 0.002 NA NA NA <0.002 NA 1,4-Dichlorobenzene 0,002 NA NA NA <0.002 NA 1,2-Dichimrethone 0.002 NA NA NA <0.002 NA 1,1-Dichlomelhane 0,002 NA NA NA <0.002 NA 1,14D1chloroelherm 0.002 NA NA NA <0.002 NA cis-1,2 Dichloroetherte 0.002 NA NA NA <0.002 NA trans-1,2-Dichloroethene O.OD2 NA NA NA <0.002 NA 1,2-Dlchloropropane 0.002 NA NA NA <O,DO2 NA cis-1,34Dtchloropropene 0,002 NA NA NA <0.002 NA trans-1,3-Dichloropropene 0.002 NA NA NA <0.002 NA Bthylbenzene 0.D02 NA NA <0.02 0.005 <0.02 Ethylene Dibroilde 0.002 NA NA NA <0.002 NA 2-11exanons 0.025 NA NA NA <0.025 NA Methyl Ethyl Ketone 0.025 NA NA NA <0.025 NA Methyl Isobutyl Ketone 0,025 NA NA NA <0.025 NA Methyl Tort Butyl Ether 0.002 NA NA NA <0.002 NA Methylene Chloride - 0.003 NA NA NA <0.003 NA Styrene 0.002 NA NA NA <0,002 NA 1,1,1,2-Tetrachloroethane 0.002 NA NA NA <0.002 NA 1,1,2,2-Teimchlomethane 0.002 NA NA NA <0.002 NA Tetrachloroethene 0.002 NA NA NA <0.002 NA Toluene 0.002 NA NA <0.02 0.016 <0.02 1,1,1-Trichloroethane 0.002 NA NA NA <L002 NA 1,1,2-Tdchloroethane 0.002 NA NA NA <0.002 NA Tdchlorofluommethane 0.005 NA NA NA <0.005 NA Tdchlomethene 0.002 NA NA NA <O.OD2 NA Vinyl Chloride 0.002 NA NA NA <O.OD2 NA m, P-Xylene 0.002 NA NA <0.D4 0.013 <0.04 o-Xyiene 0.002 NA NA <0.02 0.004 10.02 Total Xylenes 0.004 NA NA <0.06 0.017 <0.06 TPH (Gas) <10 NA NA <10 <10 <10 TPH (Diesel) <10 NA NA 210 83 250 TPH (Gas/Diesel) <10 NA NA 210 83 250 TPH (Heavy Oils) 1100 1500 1500 790 1300 1200 All results expressed In tend (uphill h MDL- Analytical Method Detection limit Sediment Quality Guldelinee: "Guidellnes for the preached and management of aqualtc sediment costly In ONado", August, 1993 MInIMry of Envimnmenl I Exceeds MOE Sediment Quality Guideline Were- Lowest Flood Level <0.02Y Resull lean than method detection limit NA - Not Available Page 1 of 1 Earth Tech Canada Inc. APPENDIX "F" NOTE 1: First Upstream Station Sample ID Sed-3 Sed-4 Sample Depth (cm) 0-5 5-15 Parameter Sediment Quality Guidelines (Lowest Effect Level) As 6 1.2* 2.1 Cr (-Total) 26 12 9 Cu 16 12 8 Pb 31 15 9 Hg 0.2 0.02* 0.04 Fe 12 1 0.75 1 0.609 NOTE 2: Secnnrl Jmtream Station Sample ID Sed-1C4-1 Sed-104-2 Sed-104-3 Sample Depth (cm) 0-5 5-15 15-25 Parameter Sediment Quality Guidelines (Lowest Effect Level) As 6 0.7 0.9 1.2 Cr (Total) 26 19 12 18 Cu 16 9 11 34 Pb 31 38 96 92 Hg 0.2 0.02 0.02 0.03 Fe 2 1.65 1.3 1.25 NeTE q- Fi-r rinwncrraam cral;r,r, Sample ID Sed-5 Sed-6 Sed--7 Sed-8 Sample Depth (cm) 0-5 5-15 0-5 5-15 Parameter Sediment Quality Guidelines (Lowest Effect Level) As 6 5.1 ° 8.9 1 1 Cr (Total) 26 100 160 15 17 Cu 16 13 8 21 11 Pb 31 15 27 77 129 Hg 0.2 0.03* 0.05 0.03 0.04 Fe 2 1.32 0.997 1.37 2.08 NOTE 4_ Second Downstream Station Sample to Sed-9 Sed-10 5ed-102-1 Sed-102-2 Sed-102-3 Sample Depth (cm) 0-5 5-15 1 0-5 5-15 15-25 Parameter Sediment Quality Guidelines (Lowest Effect Level) As 6 85 151 37.3 51.2 39.2 Cr (Total) 26 2460 4650 312 670 473 Cu 16 21 21 12 8 14 Ph 31 151 87 40 51 64 Hg 0.2 0.59 0.38 0.08 0.99 0.27 Fe 2 1.64 1.12 NA 0.79* NA NOTE 5: Thirri Dnwnsrraam Statinri Sample ID Sed-103-1 Sed-103-2 Sod-1C3-3 Sample Depth (cm) C---5 5-15 15-25 Parameter Sediment Quality Guidelines (Lowest Effect Level) As 6 0.6 0.7 0.4 Cr (Total) 26 12 10 8 Cu 16 4 6 5 Pb 31 <5 <5 <5 Hg 0.2 0.02 0,02 0.01 Fe 2 0.77 0.77 0.66 NOTE 6: Fourth Downstream Station Sample ID Sed-101-1 Sad--101-2 Sed-101-3 Sample Depth (cm) 0-5 5-15 15-25 Parameter Sediment Quality Guidelines (Lowest Effect Level) As 6 1.0 1.1 1-2 Cr (Total) 26 11 15 16 Cu 16 5 5 214 Pb 31 19 30 15 Hg 0.2 0.02 0.02 0.02 Fe 2 0.65 1.75 1.62 111tiS�9wjDS�a'. � - 0 N Cabot y�eysxane Ct Ct FOURTH DOWNSTREAM STATION (SEE NOTE 6) r C �' F m N o �} U c n U m r' x � � acunl5e� Ot U 11S 1.�e� CatheStna Ave. s z,c�P Gan�eSt. Gte z dSunray PI. Dunham Cr. 2 SECOND DOWNSTREAM o THIRD DOWNSTREAM STATION (SEE NOTE 4) n �,TATION (SEE NOTE 5) m G) �astizy S' tz n R� R1gU� P �0 ` FIRST DOMNSTREAM E STATION`�SEE NOTE 3) SECONP, UPSTREAP �y1et�` STxTt6N (SEE NOTE 2) y-105op Pie. FIRST UPSTREAM STATION (SEE NOTE 'i) U �e � u nst lZ � VIP" z Q � Naa�tnotre`"n � Drawing Source'. Town of Aurora, Planning Department, 2004 Figure S DRAWN BY: Summary of Sediment Concentrations for LD Contaminants of Concern (October 2003 to March 2004) Cl BY: cannery Creek Sampling TM/MKJ Aurora, Ontario Ga;�4M1aLygrt A r s Legend Tannery Creek and Tributaries 4650 Concentration in Bold and Red Indicates an Exceedence of the MOE Sediment Quality Guideline Lowest Effect Level Analytical result is not available in the primary sample, duplicate result or result from a different sampling event at same location is presented NA Not Analyzed MOE Sediment Quality Guideline - "Guidelines for the Protection and Management of Aquatic Sediment Quality in Ontario", August 1993, Ministry of the Environment Contaminants of Concern As = Arsenic Cr (Total) = Total Chromium Cu = Copper Pb = Lead Ng = Mercury Fe = Iron All Concentrations are inyglg, except for Iron which is In % 0 50 100 200 300 SCALE IN METRES E A R T H --_- T E C H Earth Tech Canada Inc. Markham, Ontario 905-886-7022 SCALE: As Shown DATE: June 2004 PN_ PN 69988 GENERAL COMMITTEE - JUNE 15, 2004 AGENDA ITEM # ,,own of., ire 4�0� TOWN OF AURORA EXTRACT FROM GENERAL COMMITTEE MEETING NO, AWteNYKI'n.dloG1114MR. 04-16 HELD ON TUESDAY, JUNE 11 2004 DEFERRED TO JUNE 15, 2004 AT JUNE 8T" COUNCIL VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 4. CSO4-025 - Amendments to the Procedural By-law Moved by Councillor Wallace Seconded by Councillor Vrancic THAT the proposed by-law implementing the amendments included as Appendix # 5 to this report be enacted by Council atthe meeting of June 22, 2004, with the exception of Section 17.3 and Section 26.2 under Committee Membership, which shall remain status quo; and THAT the appropriate ad be placed in the newspaper giving notice of this proposed amendment to the Procedural By-law, AMENDMENT: Upon the question of the adoption of the recommendation, it was: Moved by Councillor Morris Seconded by Councillor Vrancic THAT staff report back by June 8, 2004, providing legal advice on the difference between regular meetings and workshops, and whether workshops may be closed door meetings. CARRIED The recommendation was CARRIED AS AMENDED -36- GENERAL COMMITTEE JUNE 15, 2004 0 TOWN OF AURORA GENERAL COMMITTEE REPORT No. C804-025 SUBJECT: Amendments to the Procedural By-law FROM: Bob Panizza, Director of Corporate Services DATE: June 1, 2004 RECOMMENDATIONS THAT the proposed by-law implementing the amendments included as Appendix # 5 to this report be enacted by Council at the meeting of June 22, 2004; and THAT the appropriate adbe placed in the newspapergiving notice of this proposed amendment to the Procedural By-law. Since the beginning of the year, Council has adopted a number of recommendations that has prompted the need to revise the Town's Procedural. These recommendations include; permitting Advisory Committees to select their own Chairs and Vice Chairs that may include citizen members; the implementation of a Confirmatory By-law for all Council meetings; allowing Members of Council to attend and speak at any Ad Hoc or Advisory Committee meeting. A copy of the Council resolutions that contemplated procedural amendments are included as Appendices #1, #2, #3. COMMENTS As outlined the following is a summary of the modifications to the Procedural By-law showing the existing wording, if any, and the proposed amendments. Confirmatory By-law Current., None Proposed. 3.17 It shall be the practice of Council to enact a Confirmation By-law at the end of every Council Meeting. -37- :ENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 -2 - Report No. CS04-25 Appointment of a Chair to Advisory Committees Current., 27.1 The Chair shall be a Member of Council unless so provided in the Terms of Reference, and shall have such responsibilities and powers as are provided for the Chair in Part 1 of this By-law. Committee Members shall also appoint a Vice Chair from one of their members Proposed: 27.1 The Chair and Vice Chair shall be appointed from among members of the committee and shall have such responsibilities and powers as are provided for the Chair in Part 1 of this By-law. Committee Membership Current: (Ad Hoc Committees) 17.3 Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings and shall be entitled to speak at the invitation of the Chair, but shall not be entitled to vote. Proposed: 17.3 Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings and shall be entitled to speak, but shall not be entitled to vote. Current: (Advisory Committees) 26.2 Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings and shall be entitled to speak at the invitation of the Chair, but shall not be entitled to vote. Proposed: 26.2 Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings and shall be entitled to speak, but shall not be entitled to vote. This privilege shall not be extended to Statutory Committees or Boards such as the Committee of Adjustment, or the Library Board. I%� GENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 -3 - Report No. CS04-25 In addition to the foregoing amendments, Council also inquired about other possible changes to the Procedural By-law namely: the establishment of "Workshop" Meetings (Appendix #4); attendance by non committee member Councillors atthe in -camera portion of an Ad Hoc or Advisory Committee meeting; voting on resolutions by the Chair. These issues have also been reviewed by staff and additional modifications have been drafted for Council's consideration. Workshop Meetings According to section 238 (1) of the Municipal Act, a meeting means any regular, special, committee or other meeting of a council or board. Section 239 (1) of the Act also states that except as provided in section 239 (2), all meetings shall be open to the public, Therefore in order to comply with the Municipal Act as well as the Town's Procedural By- law, Council may introduce a new section to the Procedural By-law to provide for Workshop meetings provided that the meetings are open to the public; that proper notice is given in advance of the date, time, and location of such meeting. The following is a draft clause that may be added to the Procedural By-law should Council wish to introduce this new meeting format. Proposed. 2.5 (b) Where it is deemed necessary, Council may convene a Workshop Meeting to discuss issues in an informal venue. All workshop meetings shall be open to the public, and notice of the date, time and location of such meetings shall be provided at least 48 hours in advance. Council Members shall not pass any resolutions, nor shall any minutes of the meeting be recorded. In Camera Advisory Committee Meeting Generally speaking, Advisory and Statutory Committees/Boards seldom convene in - camera, however in rare circumstances a committee has the occasion to meet in -camera to discuss issues which are permitted and outlined in section 2.8 of the Procedural By-law, Council at it's meeting of May 11, 2004 passed a resolution requesting a modification to the provisions of the Procedural By-law to permit a Member of Council, who is not a member of the committee, to attend and participate in the discussions of the committee, (Appendix #3). An issue was recently raised on the permissibility of a Council Member to attend an in -camera portion of the meeting when he/she is not a member of the committee. According to a survey of surrounding municipalities it appears that a Memberof Council is allowed to attend any committee meeting includingthe infrequent in -camera portion of the meeting. -39- 3ENERAL COMMITTEE - JUNE 15, 2004 June 1, 2004 .4. Report No. CS04-25 It should be noted that all Members of Council of the Town of Aurora are governed by the Code of Ethics which places an accountability on members to maintain the confidentiality of issues discussed in -camera. Any concerns that may be raised with respect to a Member of Council attending such meeting is governed by this policy. Therefore, since authority has been granted for a Member of Council to participate in the regular portion of the meeting, the same courtesy should therefore be extended to the individual during the in -camera portion of the meeting. To confirm this, it is recommended that the following language be added to the Procedural By-law. Proposed: That the following words "including any in -camera portion of the meeting" be added to sections 17.3 and 26.2 of the by -taw. Section 5.4 (a) of the Procedural By-law states that the Chair, except where he/she is disqualified to vote by statute, shall vote only on questions necessary to break a tie. However section 243 of the Municipal Act states that, except as otherwise provided, every member of a council shall have one vote. The Act further elaborates in section 246 (2) that a failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. Although section 246 (2) refers to the recorded vote process, the same principle can apply with respect to regular voting by all Council Members, including the Chair. Accordingly section 6.4 (a) of the Procedural By-law should be repealed and replaced with a new clause. Current: 5.4 (a) The Chair, except where he/she is disqualified to vote by statute, shall vote only on questions necessary to break a tie. Proposed: 5A (a) All Members of Council shall vote on motions that are presented. Failure to vote by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. OPTIONS The proposed changes should be implemented to reflect the operation changes that have been made or contemplated by Council. GENERAL COMMITTEE - JUNE 157 2004 June 1, 2004 .5. Report No. CSO4-25 FINANCIAL IMPLICATIONS None LINK TO STRATEGIC PLAN The recommendations of this report are consistent with Goal E: Promoting open, accountable, transparent and accessible municipal government. ATTACHMENTS Appendix #1 — Council meeting extract February 10, 2004 Appendix #2 — Council meeting extract March 30, 2004 Appendix #3 — Council meeting extract May 11, 2004 Appendix #4 — Council meeting extract January 27, 2004 Appendix #5 — Draft By-law Amendment PRE -SUBMISSION REVIEW Chief Administrative Officer — May 27, 2004 Prepared by. Bob Panizza ext. 4221 Aft Bob Panizza Director of Corporate Services -41 - 3ENERAL COMMITTEE - JUNE 15, 2004 APPENDIX #1 'Sono(' �r TOWN OF AURORA „„.2 EXTRACT FROM COUNCIL MEETING NO. 04-05 HELD ON TUESDAY, FEBRUARY 10, 2004 VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION 2. CS04-002 - Confirmation By-law Moved by Councillor West Seconded by Councillor Vrancic THAT Council approve the practice of enacting a confirmation by-law at the end of every Council meeting. CARRIED CORRESPONDENCE SENT BY.. ACTION DEPT.: Corporate Services INFO DEPT.: Legal Svs. - 42 - GENERAL COMMITTEE - JUNE 15, 2004 APPENDIX #2 TOWN OF AURORA EXTRACT FROM GENERAL COMMITTEE MEETING MY[eNtlrtflodMU9l4ma NO.04-10 HELD ON TUESDAY, MARCH 23, 2004 & ADOPTED BY COUNCIL ON MARCH 30, 2004 VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. . CSO4-007 - Advisory Committees — Terms of Reference Moved by Councillor Vrencic Seconded by Councillor Hogg THAT all Advisory Committees be permitted to select their own Chair and Vice -Chair. CORRESPONDENCE SENT BY:. ACTION DEPT.: Corporate Services INFO DEPT.: -43- 3ENERAL APPENDIX #3 TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO. 04-15 HELD ON TUESDAY, MAY 11, 2004 VIO CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 12. Notice of Motion from Councillor Buck Re; Amending the Procedural By-law (Provided at the April 13, 2004 Council Meeting) Moved by Councillor Buck Seconded by Councillor Hogg WHEREAS by historical precedent a Councillor who wishes to attend a Committee meeting and participate in discussion of any matter before the Committee is entitled to do so; and WHEREAS a Councillor who is not a member of the Committee, may not make a motion or vote on a motion; and WHEREAS clause 26e of the Town's Procedural By-law states that a Councillor may attend Committee meetings but not speak unless invited to do so by the Committee's chair; and WHEREAS the aforementioned clause deprives a Councillor of an important right and a responsibility said Councillor may choose to exercise; and NOW THEREFORE, be it resolved that clause 26e of the Procedural By-law be amended to restore a Councillor's right to participate in a Committee's deliberations, but not to move a motion or cast a vote. CORRESPONDENCE SENT BY:. ACTION DEPT.: Corporate Services INFO DEPT.: Pending .. GENERAL COMMITTEE - JUNE 15, 2004 APPENDIX #4 ,,on of9 1IA TOWN OF AURORA EXTRACT FROM COUNCIL MEETING NO.04-03 HELD ON TUESDAY, JANUARY 27, 2004 X OTHER BUSINESS, COUNCILLORS Councillor Hogg requested that, in regard to the General Committee meeting scheduled for February 3, 2004, efforts be made on behalf of Council and staff to permit a more casual and vigorous debate with respect to consideration of the new Seniors' Centre and the Recreation Facility, and that rules of procedure be relaxed to allow for debate to advance easily and productively without excess procedural constraint. The Clerk provided several options, i.e. a "workshop" setting, which would not constitute an official meeting; possibly moving the Scheduled General Committee meeting to the Holland Room; or moving the meeting to some other setting which would be more casual than the Council Chambers. Councillor Vrancic expressed his agreement with Councillor Hogg's comments and suggested that the venue may not matter as much as the potential for restrained debate due to the provisions within the Procedural By-law, and indicated that this matter should be addressed. Councillor Morris requested clarification with regard to how the Committee might address this intent through the waiving of the Procedural By-law. The Acting Solicitor advised that, according to the Municipal Act, it would be the responsibility of Council to determine the time and location of any meeting of Council or Committee and in regard to relaxing the provisions within the Procedural By-law, itwould be up to the General Committee to pass a motion with 2/3 majority, outlining exactly which aspects of the Procedural By-law are to be waived. It was determined that the General Committee meeting will be held on Tuesday, February 3, 2004 in the Council Chambers at 7:00 p.m. CORRESPONDENCE SENT BY:. ACTION DEPT.: Corporate Services INFO DEPT.: -45- GENERAL COMMITTEE - JUNE 15, 2004 THE CORPORATION OF THE TOWN OF AURORA APPENDIX #,5 By-law Number BEING A BY-LAW to amend By-law 4280-09.C, a by-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards. Al - r ,Alp i �q. WHEREAS the Council of the Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 4280-01.C; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: THAT By-law 4280-01.0 is hereby amended by adding the following section: Confirmatory By-law 3.17 "it shall be the practice of Council to enact a Confirmatory By-law at the end of every Council Meeting." Appointment of a Chair & Vice Chair 2. THAT By-law 4280-01.0 is hereby amended by repealing the following from Section 27.1: 27.1 'The Chairshall bee Memberof Council unless so provided in the Terms of Reference, and shall have such responsibilities and powers as are provided for the Chair in Part 1 of this By-law, Committee Members shall also appoint a Vice Chair from one of their members." And substituting the following thereto: 27.1 "The Chair and Vice Chair shall be appointed from among members of the committee and shall have such responsibilities and powers as are provided for the Chair in Part 1 of this By-law." Committee Membership 3. THAT Bylaw 4280-01.0 is hereby amended by repealing the following from Section 17.3: 17.3 "Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings and shall be entitled to speak at the Invitation of the Chair, but shall not be entitled to vote." IME GENERAL COMMITTEE - JUNE 15, 2004 By-law No. Page 2 And substituting the following thereto: 17.3 "Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings, including any in -camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote." 4. THAT By-law 4280-01.0 is hereby amended by repealing the following from Section 26.2: 26.2 "Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings and shall be entitled to speak at the invitation of the Chair, but shall not be entitled to vote." And substituting the following thereto: 26.2 "Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings, including any in -camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote. This privilege shall not be extended to Statutory Committees or Boards such as the Committee of Adjustment, or the Library Board." . Workshop Meetings 5. THAT By-law 4280-01.0 is hereby amended by adding the following section: 2.5 (b) "Where it is deemed necessary, Council may convene a Workshop Meeting to discuss issues in an informal venue. All workshop meetings shall be open to the public, and notice of the date, time and location of such meetings shall be provided at least 48 hours in advance. Council Members shall not pass any resolutions, nor shall any minutes of the meeting be recorded." 6. THAT By-law 4280-01.0 is hereby amended by repealing the following from Section 5.4(a): 5.4 (a) 'The Chair, except where he/she is disqualified to vote by statute, shall vote only on questions necessary to break tie." And substituting the following thereto: 5.4 (a) "All Members of Council shall vote on motions that are presented. Failure to vote by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote," READ A FIRST, SECOND AND THIRD TIME THIS DAY OF 2004. T. JONES, MAYOR B. AANIZZA, TOWN CLERK -47- 31ENBRAVOOMATTEE - MNEM',420W GeorgePl, nusel)5ye E-mail g=tdeye@wdtfoddz.wm Dlmct Line 41 & 9{7.5080 Fie 08337.00021 PRIVILEGED & CONFIDENTIAL VIA FACSIMILE Town of Aurora 100 John West Way Aurora, ON L4G 6J1 Attn: Ms. Phyllis Carlyle Acting Town Solicitor Dear Ms. Carlyle: PAGE 2/9 RightFax WeirFouldstLP 9Faa15Taae a SOLICITORS Jame 8, 2004 Re: Town of Aurora Procedure By-law No. 4280-OI.0 This is in response to your e-mail of June 3, 2004 requiring assistance with respect to the contents of the Tov n's Procedure By-law, By-law No. 4280-01.C. You have advised me that the subject matter in respect of which the Town needs immediate advice relates to the discussion contained in your e-mail on the holding of "workshops", and whether they may be held in camera. BACKGROUND: The procedures for the holding of meetings of municipal councils are dealt with in sections 230 to 246 of the Municipal Act 2001, (the "Act') and in the Town's Procedure By-law, enacted by the Council pursuant to the provisions of what is now section 238 of the Act. Under subsection 239(t) of the Act, except as provided in that section, all meetings shall be open to the public. Subsection 239(2) then sets out a number of specific subject matters in respect of which a meeting or a part of a meeting may be closed to the public, Subsection 238(1) of the Act defines "meeting" for the purposes of that section and section 239 as: The B.cchauge Towee, Stdta 1600 Telephone 41&365.1110 P.O. Boa480,130Mug Sweetwest Pacdmae 416,365.1876 Toronto, Ontario, Canada M58115 wabsite w .weirfaulds.cmn IM-72 GENE ATFe3l TTEE - A994 215 2AOW PAGE 3/9 RightFax Weiffoulds,,, R4RRISYRRS 6 SO,.ICITORI "any regular, special, committee or other meeting of a council or local board". However, that definition, being circular in nature, is of no assistance in defining the term for the purposes of this discussion. the following: Turning to dictionary definitions of "meeting", Black`s Law Dictionary provides "A coming together of persons; an assembly. Particularly, in law, an assembling of a number of persons for the purpose of discussing and acting upon some matter or matters in which they have; a common interest." This latter definition has been referred to with approval by the Ontario Court of Appeal' in one of the three landmark Ontario casesz dealing with "meetings" of municipal councils. Unfortunately, the Court decisions do not appear to have been totally consistent in this regard. For instance, it is difficult to reconcile the following statements from those judgments: VANDERKLOET: "... I do not think that the requirement that the meetings of the Board should be open to the public precludes informal discussions among board members, either alone or with the assistance of their staff." SOUTHAM Y. HAMMTON-WENTWORTH: 'Re. Southam Ina and Economic Davelopmem Committee, Regional Municipality ofHamilion-Wentworth (1998), 66 O.R. (2d) 213; application for leave to appeal to the Supreme Court of Canada dismissed, Joao 12, 1989. x The other two decisions are that of the Court of Appeal in Vanderldoet et al. v Leeds and Grenville County Board afEducatlon (1985), 51 O,R (2d) 577; leave to appeal dismissed by the Supreme Court of Canada (1985), 54 O.R (2d) 352; and of the Divisional Court inSoutham Inc. v. Ottawa (City) Council (1991),5 O.R. (3d) 726. 3ENE"LxbMMW'fEE - JLNt/W,42®046 PAGE 4/9 RightFax VV eirFollAC &,, RARRI3TER3 A SOLICITORS "There is no doubt that members of a committee, meeting informally, can discuss questions within the jurisdiction of the committee privately, but when all members are summoned to a regularly scheduled meeting and there attempt to proceed in camera, they are defeating the intent and purpose of council's by-law which governs their procedure." SOUTHAM v. OTTAWA: "The key would appear to be whether the councillors are requested to attend (or do, in fact, attend without summons) a function at which matters which would ordinarily form the basis of councii's business, are dealt with in such a way as to move them materially along the way in the overall spectrum of a Council decision. In other words, is the public being deprived of the opportunity to observe a material part of the decision -making process?" It is useful to note the subject matter of the decision -making in the three cases: VANDERKLOET: A Board of Education decided in camera to reorganize three elementary sohools, and then confumed'the decision subsequently in a public meeting, The Court held that such procedure did not breach section 1.83(I) of the Education Act requiring meetings to be held in public, and the Board was not required to make public any staff reports prepared for their assistance and guidance. What transpired following the first meeting remedied any deficiency. SOUTHAMv. HAMILTON WENTWOM: Before a regularly scheduled meeting of a committee, the committee decided to hold instead a "committee workshop" (also referred to as a "bull session" and a "brainstorming session"), with staff, in camera, to review past, present and future objectives, as well as the committee's terms of reference. The Court held, adopting the definition from Black's Law Dictionary referred to above, that "meeting" should be interpreted as any gathering to which all members of the committee are invited to discuss matters within their jurisdiction. It appears that -50- GENEMAEFCbftiffEE - J rU'f�t9Y,42d6*3 PAGE 5/9 RightFax WeirFoulds,,p BARRISTERS S SOLICITORS the Court accepted as a significant factor in its decision that all members had been summoned to a regularly scheduled meeting and then attempted to proceed in camera. Since the get-together constituted an assembling of the members for the purpose of discussing matters within their Jurisdiction, it constituted a "meeting" and consequently contravened the Region's by-law requiring meetings to be open for attendance by the public, and thus exceeded the jurisdiction of the committee. This was in spite of the fact that no decisions, recommendations or reports were made, no business was transacted, and it was expected that a subsequent meeting of the committee would take place within several weeks, open to the public, at which recommendations concerning policy would be developed. The Courfs decision was reached even though the statutory requirement in the at the time excepted committees from the requirement that meetings be open to the public. SOUTHAM v. OTTAWA: Ottawa City Council held a "retreat" in camera at a resort, in which Council members and the staff attended to deal with many items which would be within the range of matters in which council. would ordinarily involve itself, such as an overview of the capital expenditure plan, an infrastructure management strategy, and a review of the next three years' priorities by service area. The items discussed also included the presence of councillors at official functions, decorum at council meetings, relations with City staff, the performance of the Chief Administrator Officer and the question of additional salaries to be paid to councillors who were committee heads. The material distributed included proposals that Council approved in principle, an infrastructure management strategy, financial action plans for infrastructure management strategy, and a sewage service rate report. Council also tabled subdivision and redevelopment charges reports for public consultation. The Court held that the event constituted a meeting, since it involved discussion in a structured way of matters which would ordinarily be the subject of Council business, and did in fact result in certain action. In any event, the Court held that there had not been sufficient disclosure to allow it to conclude with certainty the precise nature of what had occurred, which must weigh against the City. Consequently, the Court held that the Council's decision to hold the retreat was contrary to both its own by-law and section 55 of the Act, and exceeded its jurisdiction. Consequently, the meeting was a nullity, and its decisions void. CONCLUSIONS: On the basis of the foregoing, I would conclude that a municipal council is not precluded from assembling its members at an informal workshop or retreat, with or without the presence of staff, to receive information or advice of a general nature involving subject -matters of interest to the members, provided that: -51- 31ENEMAEFc 1/l f-TEE - JLNLYIg° dO46 PAGE 6/9 RightFax tl: eir ould&LP 0ARRIOTERO 6 50LIOITOR3 the assembly not be referred to as a "meeting'; 2. it not take place at the time of a regularly scheduled meeting; 3, no proposals or recommendations for action be put before the members, nor any votes, decisions, recommendations or consensus on any issue be sought or made; 4. there be no action -oriented discussion of specific matters within the jurisdiction of the council; 5, nothing be done to effect or further any decision -malting process; and 6. sufficient records be kept of the general nature of the session to enable a Court to understand the precise nature of the proceedings. Accordingly, I have prepared a draft by-law provision by which the City Council may, if it decides to do so, amend its Procedure By-law to enable the holding of workshops or retreats permitted by law, in the context of the foregoing discussion. LEGISLATWEREOUMMENTS. Section 238 of the Act requires every municipality to pass a procedure by-law for governing the calling, place and proceedings of meetings. The Act does not define "meeting", nor does the provision provide any particularity with respect to the content of such a by-law. Under subsection 238(4) of the .Act, before passing such a by-law, which I presume would include an amendment to such a by-law, a municipality must give notice of its intention to pass the by-law. Subsection 236(1) of the Act provides as follows: "236(1) The council of a municipality shall hold its meetings and keep its public offices within the municipality or an adjacent municipality at a place set out in the municipality s procedure by-law; however, in the case of an emergency, it may hold its meetings and keep its public offices at any -52- GENET EFeditR'TEE - JLN'ff1 092d0#6 PAGE 7/9 RightFax WeirFould&,, BARRISTERS 6 SOLIOITORS convenient location within or outside the municipality." Assuming that a Court would accept that the type of "assembly" proposed in the draft by-law does not constitute a "meeting" for the purposes of the Act, then it would be open to the Council to provide for the holding of such an assembly at some place outside the municipality or any adjacent municipality. Subsection 239(1) of the Act provides that, except as provided in that section, all meetings shall be open to the public. Subsection 239(2) of the Act sets out a number of particular types of matters in respect of which a meeting or a part of a meeting may be closed to the public during consideration. Under subsection 239(4), the Act requires that before holding a meeting or part of a meeting that is to be closed to the public, a municipality must state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting. Under subsections 239(5) and (6), a meeting shall not be closed to the public during the taldng of a except when the vote is for a procedural matter or giving directions or instructions to employees, agents or consultants of the municipality. Once again, on the assumption that the City has the power to hold an "assembly", and such is held not to be in law a "meeting", it is my opinion that such an assembly may be closed to the public, and the above provisions would not apply to it. _ At the same time, I believe that it is important that the council establish an open system for the convening of assemblies, and that public information be made available with respect to the general nature of matters dealt with at the assembly. In order to satisfy the Courts requirements with respect to "meetings", it is also recommended, through the draft, that notes be kept of the general nature of the subject -matter dealt with at the assembly, and such be made available to the public after the fact. While I would emphasize that it is not open to a municipal council, simply by creating its own definition by by-law for a word that is utilized in Provincial legislation, to avoid statutory requirements, nevertheless, if, through the definition of "assembly", the Council creates by by-law a procedure for convening a gathering of Council members, which, if complied with, 1.1 -53- �ENEY i4L C: I III° EE - jLM1'�1%`k280A6 PALE 8/9 RightFax Weiff ouldsLL. BARR13TERS S SOLICITORS would not constitute a "meeting", as the Courts have interpreted that term, then the objectives of the municipality may be fulfilled. The recommended requirement that notes be taken of the nature of the subject - matter dealt with at the assembly is to address the statements, contained in some of the court decisions referred to above, that if the Court cannot ascertain whether or not the event constituted a meeting, by reason of lack of information, the Court will hold it against the municipality and, in effect, create a presumption that what took place was a "meeting", and should not have been dealt with in camera. I have reviewed, briefly, the whole of the Procedure By-law, and will he pleased if instructed to do so, to provide my recommendations as to other amendments which might be recommended to Council for improvements to the By-law. I trust that the foregoing will be of assistance to you and the Town of Aurora. I will be pleased to discuss these matters with you at any time. GHWeb Eno. 7477632 WME GENEWEFMOMIffEE- J YKRE-41v4, 2&4G PAGE eis RightFax PART IV-A--ASSEiVM ES 32A - ASSEMBLIES 32A.1 In this By-law, "Assembly" means an informal gathering of members of Council or of a Committee, held in accordance with this Section. 32A.2 An Assembly shall not be deemed to be a meeting of the Council or Committee and shall not be subject to the Hiles and regulations applicable to meetings, contained in this By-law. 32A.3 The Council may decide, at a meeting open to the public, to convene an informal gathering of its members, or of the members of a Committee, to receive and discuss information or advice of a general nature involving subject matters of interest to the members, at a time and place designated at that time by the Council. , 32A.4 The Council, in deciding to convene an Assembly, shall designate the general purpose or purposes for which the Assembly is to be held, and no other matters may be considered by the Assembly. 32A.5 An Assembly may be held at any place designated by the Council at the time at which it makes its decision to convene the Assembly, whether or not within the boundaries of the Town or of any adjacent municipality. 32A.6 All members of the Council or Committee respectively are entitled to attend at the Assembly, together with designated staff or consultants retained by the Town, but the Council, in deciding to convene the Assembly, may decide to exclude the public therefrom. 32A.7 No motion, resolution, by-law, debate, agreement in principle, consensus, straw - vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Assembly. 32A.8 The Council or Committee shall, at the commencement of an Assembly, designate a person to make notes describing in general terms each subject -matter dealt with at the Assembly. 32A.9 The notes taken pursuant to subsection 32A.8 shall, after the conclusion of the Assembly, be maintained as a public record under the control of the Clerk. 7478291 -55- GENERAL COMMITTEE - JUNE 15, 2004 JAGENDAITEW h I TOWN OF AURORA GENERAL COMMITTEE REPORT No. CSO4-13 SUBJECT: Group Benefits Program, Benefits Consultant Broker Selection RFP FROM: Bob Panizza, Director of Corporate Services DATE: June 15, 2004 RECOMMENDATIONS THAT the Town engage the services of PPI Financial Group as the Town's employee benefits consultant for, the provision of advice and guidance on the Town's employee benefits portfolio effective August 1, 2004 for a period of three (3) years with the option of three additional one (1) year extensions subject to satisfactory performance; and THAT PPI Financial Group be authorized to commence negotiations with the Town's existing group benefits carrier with the objective of transferring the Town's existing group benefits coverage on the same terms and conditions as cost effectively as possible utilizing the larger bulk purchasing efforts. THAT STAFF notify Buffett Taylor & Associates that the Town of Aurora is appointing PPI Financial Group as the Town's employee group benefits consultant thereby effectively withdrawing as a participating member of the York Region Umbrella Group effective August 1, 2004. BACKGROUND In 1994, the Town became a member of the York Region Umbrella Group in order to capitalize on financial savings on the Town's existing group benefits plan. At that time, the York Region Umbrella Group consisted of several municipalities within York Region including the Town's of Markham, Richmond Hill, Newmarket, East Gwillimbury, Aurora, the Township of King, and the Region of York. Presently, only the Town's of Markham, Newmarket, Aurora and the Region of York remain in the Umbrella Group. The group benefits plan covers life insurance; accidental death & dismemberment insurance; long term disability insurance; extended health care and dental coverage. This coverage is provided by Sun Life Assurance Co. which handles the Town's life insurance, long term disability, extended health care, and the dental plan, while UNUM/Provident handles the accidental death & dismemberment policy. -56- 3ENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 .2. Report No. CSO4-13 The advantage that was presented at that time, was the reduced cost as a result of the larger buying power of the participating group rather than the stand alone option that the Town was utilizing. In addition to this, the brokerage firm, Buffet Taylor & Associates Ltd. provided assistance to the Town in claims processing and administration that were not previously available for example; employee confidentiality maintained as ciaimswere sent direct from the employee to the broker, complex claims assistance, broker representation when negotiating increased premium costs with carriers, etc. Since joining the York Region Umbrella Group a number of factors have attributed to increased group benefits fees e.g. plan design changes, decreased competition in the benefits carrier/marketplace, desire for increased profit margins for insurance carriers, increased benefit usage, higher drug costs, etc. To counteract these increases a number of measures have also been instituted to assist in the containment of benefit costs e.g. maximums, caps, deductibles, and lags. In 2003, the former Council was apprised by staff of a significant financial issue associated with the administration of the cost of the extended health and dental benefits by the broker, Buffet Taylor. The resolution of this issue revealed a number of other areas of concern e.g. accountability respecting financial information and documentation provided to the Town, timeliness of such reporting, accountability with respect to services and fees. These concerns resulted in Council's endorsement of the staff recommendation to engage the services of an independent third party consultant, Mercer Human Resource Consulting Ltd, to review the Town's group benefits plan design, financial arrangements and underwriting provisions. A copy of the staff report is included as Appendix #1 to this report, and a copy of the Mercer Human Resource Consulting Ltd report/findings Is included as Appendix #2. Last year, the Regional Municipality of York initiated a Request for Proposal (RFP) process for a group benefits broker/consultant. Since the RFP was undertaken by the Region for it's own staff, the other members of the Umbrella Group did not directly participate in the RFP selection process, however, it was understood that members could still piggy back on the Region's selected broker. This is similar to the current arrangement. The Regional Municipality of York shortly thereafter advised of the appointment of Buffett Taylor & Associates to again represent the Region and therefore would also represent the Umbrella Group members as their group benefits broker/consultant. COMMENTS Upon receipt of the above referenced information, the Town together with the Town of Richmond Hill partnered to jointly explore whether there was an alternative to the brokerage services provided to the Umbrella Group and therefore conducted it's own RFP process for a group benefits broker/consultant. The RFP process commenced last fall and was an in-depth process designed such that either party could select the same or different benefits consultant dependent on the unique needs of each municipality. -57- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 3 - Report No. CSO4-13 The role of the broker/consultant is to provide: ❖ professional and actuarial advice relating to benefits; ❖ monitor costs on a regular basis; •:• identify cost containment strategies; •3 prepare monthlylquarterly reports for a management to review and monitor ongoing expenditures; d• deal directly on the Town's behalf with the insurance carriers to resolve problems/Issues; recommend the periodic marketing of the Town's benefit portfolio with other insurance carriers to ensure the Town is receiving the most competitive rates; ❖ provide advice and guidance to support costing for collective bargaining/negotiations; •S periodically assist to resolve problem claims directly with the carrier. The RFP process resulted in the receipt of five proposals that were interviewed jointly by representatives from the Town's of Aurora and Richmond Hill respectively. These firms were: AON; Mercer Human Resources Consulting, Mosey & Mosey Benefit Plan Consultants, Price Waterhouse Coopers, and PPI Financial Group. It should be noted that Buffet Taylor & Associates did not submit a proposal. Based on comprehensive evaluations and references, staff concluded that the firm demonstrating its ability to deliver effective, efficient and well -priced benefits consulting services for the Town of Aurora is PPI Financial Group. PPI was founded in 1978, is a national organization with offices across Canada and has demonstrated it has the capability and resources to manage the design, marketing, financing and underwriting processes to support the needs related to the Town's employee benefits program. PPI has a book of business that represents over 800 client groups and approximately $170,000,000 in annual premium under its management and has demonstrated significant invests in technology to build a systematic approach for superior client service. Their proposal/presentation considered the existing and future needs pertaining to the Town's group benefits administration and conveyed their reliance on trained technical consultants, an information technology system, research and industry knowledge, and professional development and proprietary technical systems. 9". 3ENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 _ _ _ - 4 - 'Report No, CSO4-13 To ensure clear communications are maintained with respect to benefits administration, the Town and the benefits consultant will convene quarterly meetings to discuss claims experience, plan design, impact of recent legislation, emerging trends and administration and/or service matters. This service delivery will address a number of the concerns that have been expressed in the past. As the established benefits consultant for the Town, PPI will negotiate the terms and conditions with the benefit carriers for the existing benefits plan. The Town of Richmond Hill recommended PPI as their benefits consultant in April 2004 and undertook the process of appointing PPI as their group benefits consultant with an effective changeover date of May 1, 2004 thereby withdrawing from the York Region Umbrella Group. If the Town of Aurora appoints PPI as the joint group benefits consultant and piggy backs with the Town of Richmond Hill, staff has been advised that each would retain their individual business autonomy. Furthermore, gains in the cost effectiveness associated with the larger bulk purchasing of benefits is more likely to be attained as a combined group. Although PPI would negotiate with the benefits carriers, the ultimate costs for the benefits program will still depend on a number of factors e.g. experience rating, market conditions, increased profit, etc. OPTIONS Council may alternatively wish to remain with the York Region Umbrella Group thereby maintaining the existing benefits consultant, or enter into a separate stand-alone agreement with PPI. If the Town were to retain PPI on a stand-alone basis it should be noted the bulk purchasing opportunity for the Town's existing benefits plan may not be available due to the small number of employee's with our group. FINANCIAL IMPLICATIONS In 2003 the costs associated with the benefits consulting/brokerage services provided by Buffet Taylor & Associates was $12,066 which was based on a combination of commission and percentage of paid claims (1.75%) of the Town's annual benefits expense of $571,373. The following summarizes the costs associated with the proposals submitted by the various RFP applicants: AON: $20,000 Mercer Human Resources Consulting: $21,000 stand alone, $18,900 if partnered with Richmond Hill -59- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 5 - Report No. CSO4-13 Price Waterhouse Coopers: $18,000 Mosey & Mosey: $7,142 (based on 1.25% of the premium) PPI Financial Group: $12,036 (1.5% based on a combination of commission and paid claims) Staff recommends that PPI Financial Group be engaged as the Town's benefits consultant at a cost of 1.5% based on a combination of commission and paid claims. This proposal although representing a nominal savings to the existing fee will provide the Town with a strategic partner in managing the group benefits program ensuring long-term fiscal responsibility and addresses future financial considerations. Although efforts to secure the Town's group benefits package in a cost effective manner will be made, the existing benefit costs fluctuate based on claims incurred, increased drug costs, group size, and the market conditions within the benefits insurance industry. CONCLUSIONS The RFP process was designed to solicit comprehensive responses from the proponents and that objective was achieved. In conjunction with the staff recommendation to engage PPI Financial Group as the Town's group benefits brokedconsultant, it is proposed that PPI Financial Group provide the specified services as noted in the RFP and the attached conditional Memorandum of Understanding, Appendix #3 attached. LINK TO STRATEGIC PLAN This proposal is consistent with Goal A of the Strategic Plan, to maintain a well - managed and fiscally responsible municipality. ATTACHMENTS Appendix #1 — Report to CS03-06, January 21, 2003 Appendix #2 — Report from Mercer Human Resource Consulting Appendix #3 — Memorandum of Understanding 3ENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 6 - Report No. CSO4-13 PRE -SUBMISSION REVIEW Management Team — June 9, 2004 Prepared by. Karen Young, Human Resources Manager ext. 4363 and Bob Panizza, Director of Corporate Services ext. 4221 Bob Panizza Director of Corporate Services -61 - GENERAL COMMITTEE - JUNE 15, 2004 APPENDIX #1 TOWN OF AURORA COUNCIL COMMITTEE REPORT No. CS03-06 SUBJECT: Group Benefits Program Review- Consultant Selection FROM: Bob Panizza, Director of Corporate Services DATE: January 21, 2003 RECOMMENDATIONS THAT STAFF engage Mercer Human Resource Consulting Inc to review the Town's group benefits plan design, financial arrangements and underwriting provisions of the existing Group Benefits Plan. BACKGROUND In June 1994 the Town became a member of the York Region Umbrella Group to capitalize on financial savings made available through a larger group. At that time, the Town was experiencing significant rate increases for most benefits. As a member of the York Region Umbrella Group we were able to obtain the Town's entire group benefits for less cost and enhance the existing plan e.g. amended prescription drug cost reimbursement process and introduced a drug card, major restorative (dental), etc. Buffett Taylor & Associates Ltd was the York Region Umbrella Group broker at that time and remains so today. In 2002, Buffett Taylor & Associates Ltd advised the Town of an issue associated with the cost of the Extended Health and Dental benefits. The issue has yet to be satisfactorily resolved. In addition, last year Buffett Taylor advised the existing insured Long Term Disability (LTD) benefit was no longer available to the Town on its present insured basis. They advised the carrier (Sun Life) was Imposing significant formula changes tothe benefit and therefore recommended the Town participate in a self -funding LTD Administrative Services Only (ASO) arrangement being.developed forthe York Region Umbrella Group. It was later identified the existing insured LTD benefit plan continued to be available to the Town. The Town elected to remain with Sun Life on the existing insured plan. Further more, there are a number of other changes taking place in the marketplace that are having the effect of increasing costs to the municipality e.g. diminishing marketplace (Sun Life/Clarica consolidation), limited carrier interest when marketing the group benefits plan, increasing overall experience rating at renewal, etc. -62- 3ENERAL COMMITTEE - JUNE 15, 2004 January 21, 2003 - 2 - Report No. CS03-06 COMMENTS As a result of this, staff proposes that an independent third party be engaged to review and analyse the current group benefits plan financial and underwriting arrangements and risk .exposure; identify cost-effective ways to improve the plan design; review underwriting arrangements and administrative procedures; comment on the appropriateness of contracts and financial documentation; and provide options available on our current situation and market conditions. Staff received two external proposals in this regard - Mercer Human Resource Consulting Ltd and Mosey & Mosey Benefit Plan Consultants. Both consulting groups have benefits expertise within the Public Sector, were provided with the same background information surrounding the Town's benefits concerns as noted in the above paragraph, and were requested to provide a proposal detailing the costs to perform the audit. Mosey & Moseys' proposal discusses consortium/pooled programs, howtheywork and the advantages to their firm; a brief overview of our existing group benefits noting some pros and cons of same; and identified different methods in which the Town would be charged a fee for services if Mosey & Mosey were the Town's group benefits broker. Mercer Human Resource Consulting Ltd provided a comprehensive proposal detailing their role as discussed, identified the method by which they would conduct the review, will provide a final report indicating market and industry conditions including methods to contain plan costs, and confirmed completion of the project by mid March if retained by the end of January 2003. OPTIONS Staff is aware that the Region of York may initiate the request for proposal process with regard to the group benefits broker during 2003, Undertaking the recommended analysis will assist the Town in understanding its options as part of the exercise and confirm our present arrangements are providing value for the funds expended. CONCLUSIONS The Town has no assurance the Region of York will initiate the request for proposal process. As well, with the development of a new self -funding ASO LTD plan within the York Region Umbrella Group it is likely that the existing broker would retain its continued relationship. Given the amount of time the Umbrella Group has been in existence an external review of the Towns participation, the level of service received and other options in the marketplace is recommended. -63- GENERAL COMMITTEE - JUNE 15, 2004 January 21, 2003 - 3 - Report No. CS03-06 FINANCIAL IMPLICATIONS The fee to conductthe group benefits plan review by Mercer Human Resource Consulting Ltd is quoted at approximately $5,500 plus GST excluding conducting a market survey if one is recommended as a result of this project. Mosey & Mosey Benefit Plan Consultants indicate their fee would be $3,520. A summary of their consulting services was provided although it did not note how the review Is to be conducted, whether the Town's time lines could be met, or when/if a report would be forthcoming. Funding is included in the draft 2003 budget for consultant fees. LINK TO STRATEGIC PLAN This proposal is consistent with Goal A of the Strategic Plan, to maintain a well managed and fiscally responsible municipality. ATTACHMENTS NIL PRE -SUBMISSION REVIEW Reviewed by Larry Allison, Chief Administrative Officer Prepared h Karen White, ext. 363 BOB PA1V ZA DIRECTOR OF CORPORATE SERVICES KIM 3ENERALNICE ETff - JUNE 15, 2004 APPENDIX #2 Human Resource Consulting 08 July 2003 Karen White Manager of Human Resources The Town of Aurora 100 John West Way Box No, 1000 Aurora, Oat. L4G 6Jl Subject: Pros and Cons of Leaving York Region Consortium for Group Benefits Dear Karen: As requested, this letter addresses the implications to The Town of Aurora if it were to leave the York Region group benefits consortium. This consortium, comprised c f a number of local municipalities, was established in 1994 with a goal of achieving cost of iciencies in benefit plan costs. Given the current arrangements, we have also addressed the adv mtages and disadvantages to The Town of using a broker or benefit consultant's services. Our conclusion and recommendation, which combines "the best of both worlds", is to ensure that the existing consortium or a similar sized consortium works to the advantages intended for its members while minimizing the disadvantages. This requires utilizing the services of an effective benefit consultant. . The following outlines the advantages and disadvantages to Aurora from its participation in the existing consortium versus Aurora being on its own for group benefit purposes. As such, it also refers to those aspects of the current consortium that could be improved upon, Current York Region Consortium As outlined in our letter of April 8, 2003, to The Town, the advantages to The Town of Aurora from the existing consortium arrangement are as follows: Advantages: Low life rates, unlikely to be matched or improved upon if the Town were on its own. ■ kontentially lower LTD rates, depending on whether the other members of the consortium. are subsidizing Aurora's rates (could not be determined from audit information available). atnhc ii ,.,.. -65- GENERAL COMMITTEE - JUNE 15, 2004 MERCER Human Resource Consulting Page 2 08 July 2003 Karen White The Town of Aurora • Lower carrier administration (ASO) costs than if the Town were on its own. Other advantages which should be available to Aurora as a member of a consortium but may not presently be include: ■ Greater leverage on claims and administration issues with the carrier • Greater flexibility in plan design The current disadvantages to Aurora of the current consortium, as outlined'in our above referred to letter, are as follows: Disadvantages: ■ Possible subsidization of other members' costs as could be the case with the LTD rate • Lack of financial information and documentation provided to Aurora at renewal and on an annual year-end basis which limits The Town's ability to evaluate current arrangements and make appropriate decisions • Lack of accountability with respect to broker/consultant's services and fees resulting in unknown costs and difficulty in determining the value of services delivered versus money spent on service fees. • Possible lack of carrier responsiveness to Aurora's needs versus the larger member(s) of the consortium Consultant/Broker Whether the Town is pars of a consortium or not, the advantages and disadvantages of using any consultant or broker are or should be as follows: Advantages: ■ Having an advocate with respect to the financial interests of the consortium and/or Aurora's interests whether part of or outside a consortium. ■ Additional leverage with the carrier due to the consultant's size and reputation in the market ■ Technical expertise with respeot to: i auditing the carrier's financial proposals and statements ii conducting marketings to determine the best supplier(s) iii corporate knowledge of industry trends through market presence 111:%ie 3ENERAL COMMITTEE - JUNE 15, 2004 MERCER Human Resource Consulting Page 3 08 July 2003 Karen White The Town of Aurora ■ Less draw on The Town's internal resources ■ Strategic input on benefit issues and development of approaches to deal with benefit concerns In addition, a consulting firm is usually able to provide some of all of the following services that a brokerage often cannot: Advice on managed time loss (disability management), the evaluation of post retirement and post employment liabilities (CICA), compensation issues and collective bargaining assistance. Disadvantages: • Lack of specialized industry knowledge and services when attempting to validate plan's financial and administrative arrangements ■ Limited audit and marketing capabilities ■ Less leverage with the carrier(s) ■ Greater draw on internal resources ■ Lack of third party advocate when negotiating renewals and financial/contractual details While no consulting or brokerage fees are payable if a consultant or broker is not used, any savings here, however, should be balanced against the disadvantages of not using a consultant or - broker. We believe the real issue is fee or commission accountability, in order to ensure value for money spent on consulting fees. Conclusion The advantages to The Town of Aurora from its participation in the existing York Region consortium have been stated above and in our letter of April 8, 2003. These advantages would not to be available to Aurora if it were on its own for group insurance purposes outside of the consortium - with or without a consultant/broker. The economies of scale achieved by the current consortium would only be available to Aurora and other members, if another similar sized consortium were established and an effective consultant/broker was employed to protect the consortium's financial and other group insurance interests. -67- GENERAL COMMITTEE - JUNE 15, 2004 MERCER Human Resource Consulting Page 4 08 July 2003 Karen White The Town of Aurora However; most if not all of the disadvantages currently experienced by Aurora in a consortium could be reduced or eliminated by negotiating with your chosen consultantibroker to ensure: • that all appropriate documentation, financial and otherwise, was communicated and provided to the consortium members. • that all members understood the implications and requirements of all renewals and financial statements. • that complete accountability was provided to each member, with respect to the consultant's services and fees. • that there was a clear understanding of the consultant's role in providing the consultant's services to the consortium as a whole versus its role in providing services to individual consortium members. This could involve establishing different consulting teams, one to look after the consortium's interests and another to deal with member issues, with appropriate procedures to provide confidentiality of member information. We hope that the above has outlined the implications to Aurora of continuing or leaving the existing consortium with or without the services of a consultant/broker. We would be pleased to review the above with The Town at your convenience. Sincerely, Paul Leyt7 Phone: 416 868 2991 Fax; 416 868 7694 Emailto: haul leyton(aDmercer.com Copy: P. Lobb-Armstrong, Mercer Human Resource Consulting 1:\lawn It auroro\i00]V eeMkOiaaNuualosA W ns "c M GENERAL COMMITTEE - JUNE 15, 2004 APPENDIX #3 MEMORANDUM OF UNDERSTANDING re: SERVICE AGREEMENT between THE CORPORATION OF THE TOWN OF AURORA and PPI FINANCIAL GROUP Subject to council approval, the Town of Aurora ("tlt own") hereby agrees to engage PPI Financial Group ("PPI") to provide employee benefit consulting services aild, PPI agrees to provide the employee benefits consulting services prescribed in sections I through 7 of this agreement and, The parties to this agreement agree that the term of this agreement shall that as outlined In section 8 of this agreement, In exchange for the services provided by PPI the Town will compensate PPI as outlined in section 9 of this document. PPI agrees to provide the services as described in sections I through 7 which are as follows: 1, Benefit Plan Consulting • Effectively transition from the current benefits administrator immediately after the award is made and without any disruption. • Provide advice on new developments in the field of employee benefits and recommend timely and effective incorporation of these developments in thebenefrt programs; • Provide advice on effective and accurate allocation of benefit dollars; • Provide five year forecasts to the Town to assist the financial and budgetary process by projecting short and long term benefit premium requirements which will include a review of historical claims experience by benefit line and other factors such as utilization, inflation, demographics, etc.; • Ensure that the Town is provided with annual forecasts not later than August I" of each year, to assist in the budget business plan process an analysis of actual claims expense and industry trends which can be used to establish the necessary deposit rates for ASO extended health and dental benefits; Ensure that the Town is provided with health and dental quarterly claims reports; • Ensure the Town is kept abreast of provincial and federal legislative changes that impact benefit plans and recommend revisions that may be required to manage the impact to the existing beneft programs; • Provide the necessary statistical data and benefit coatings required by the Town in preparation for collective bargaining negotiations or compensation reviews; • Provide information about benefit standards of outer organizations of similar structure to assist the Town in planning the ongoing direction of its benefits program in relation to corporate objectives; • Provide information about benefit trends and managed health care initiatives and the effectiveness of such initiatives; • Provide monthly account reconciliation's for the Extended Health and Dental Care Administrative Services only (ASO) account; • Analyze claims data for the specific purpose of identifying potential areas of excessive use and/or abuse, and make recommendations for solutions on effective cost containment strategies beyond managed health and dental plan designs; • Represent the Town's interest and our employees' interest in instances where coverage is in dispute; • Provide drug utilization review (DUR) reports on an annual basis by both cost and prescription numbers for both employees and employee/family members; .• GENERAL COMMITTEE - JUNE 15, 2004 • Provide advice on any new developments in the areas of medical practices, new prescriptive drugs and billing practices that may impact the costs of the benefit program and provide advice/strategies to assesshnitigale the impact of those developments; • Ensure that signed contracts and documents are in place with the respective insurance carriers for all benefit areas; • Ensure that a direct monthly invoicing and payment process between the Town and the appropriate ASO provider/insurance carriers is initiated in order to deposit Town funds/premiums in an ongoing and timely manner, • Ensure that the Town's management is provided monthly reports for the ASO accounts which provide monthly summary information which reflect all transactions including Town deposits and disbursement of expenditures, including claim payments and associated fees. 2. Renewal Consulting • Provide cost analysis by benefit line, including commentary on proposed rate structures, funding methods, carrier expense and IBNR reserve levels, where applicable; • Determine competitiveness of the carrier's renewal, in relation to others in the group insurance marketplace; • Make recommendations on alternate funding and administration methods, which would be financially beneficial to the Town; • Ensure the renewal process is reviewed annually and at least six months before contract (s) are due for renewal to ensure a satisfactory review of rates and provisions; • In cases of disputed premium and/or rate adjustments, provide detailed analysis of the situation as it relates to the carrier's position and the Town. 3. Comprehensive Marketing • Conduct a comprehensive marketing exercise at least every three (3) years, or more often if required; + Prepare detailed technical specifications, incorporating exact duplication of current benefits coverage and contractual provisions when going to market where applicable; Ensure that the Town has approved the specifications prior to release to the competitive marketplace; + Investigate the feasibility of scouring alternate financial arrangements; • Obtain rate stability through extended rate guarantees; • Obtain contmetual flexibility and improvements wherever possible; • Prepare a marketing report, detailing the quotations(s) received and final recommendations; + Where required, present recommendations to the Senior Management Team and Members of Council 4. Audit and Review • Conduct a comprehensive audit and review of claims experience for all benefit lines; • Benchmarking of current plan design against groups of similar size and structure within the Town's municipal peers; + Provide a cost analysis of each benefit line including an examination of the funding and underwriting methods used by the carrier, and ascertain if the premium and expense levels are competitive and make recommendation(s)'based on your analysis; • Perform a claims utilization review on an annual basis; • Recommend managed care and other current cost containment strategies; • Provide information regarding benefits of drug utilization review (DUR), arrange for DUR's and make recommendations for plan design changes which may be appropriate based on DUR findings and strategies to effectively achieve the implementation in a unionized environment; • Review all current carrier contracts to ensure they are in compliance with in force collective agreement(s); • Prepare a written report detailing the results of the audit, including specific recommendations. -70- 3ENERAL COMMITTEE - JUNE 15, 2004 5. Communication • Conduct employee information sessions to communicate the value and comprehensive nature of the benefits program on an as needed basis identified by the Town; • Make presentations to Senior Management, Committee, and Council, on an as needed basis; • Review and coordinate the printing of employee benefit booklets and other written communication materials, as required; • Provide management with informative newsletters discussing administrative topics of interest relating to benefits; • Provide the Town with communication material for distribution to all stakeholders (pharmacies, physicians, dentists), should a change in benefits take place; • Ensure that all employee changes which affect the benefit program and all contract/plan revisions are communicated to the pertinent carriers and all other stakeholders as deemed necessary; • Provide to Town management at least one month before any document that is to be distributed. G. Customer Service • Provide Townmanagement with access to customer service representation with carrier(s); • Ensure that all Town employees have access to a toll free customer service phone line with carrier(s) to assist Town employees with any questions that they may have regarding their benefits or claims; • Provide written documentation to the Administrator, when required, as part of the employee customer service function; • Coordinate the renewal projections for the upcoming policy year; • In the event of a carrier change, customer service must include the completion of the master application and coordination of transfer of all coverage through the carrier. 7. Flexible Benefits Consulting • Insofar as the Town of Aurora is concerned, in addition to the below, the consultant will assist in providing the following services for consideration and possible implementation of a Flexible Benefit design program: Provide information and analysis of savings which may be realized for the Town of Aurora by the implementation of a Flexible Benefits program, in the form of a defined contribution benefits business case and if approved/determined Assist with the development of a Flexible Benefits program which will allow the Town of Aurora the ability to set a benefits budget on an annual basis. In regard to the Flexible Benefit program provide consulting services in that regard to include, but not limited to, the following: • Provide ongoing analysis and strategies to realize future savings within the existing Flexible Benefit design; • Provide ongoing support that will allow the Town the ability to set our benefits budget on an annual basis; • Provide advice in the areas of defined employer contribution as it relates to the premium charges/rates and caps that are applied on an annual basis with a view to ensuring that the core benefits are provided with the defined contribution; • Provide quarterly meetings as to strategies that need to be implemented to communicate and achieve the support of the Senior Management Team when premium charges/rakes and cups must be addressed and revised in a transparent manner; • Ensure that any such revisions are reflective of advice that has been provided regarding five year forecasts; • Provide advice that will assist in achieving support from Management and the employee groups when it is deemed necessary to review and revise funding arrangements and contribution levels including the negotiation process; • Assist with education and communication to staff and management, including presentations and demonstrations with respect to electronic/on-line enrolment; • If requested, conduct marketing exercises, in order to determine the best suitable carrier for the plan design required and provide a report of the detailed analysis of the results; • Meet with Finance personnel to discuss payroll changes which may be required on an annual basis; -71 - GENERAL COMMITTEE - JUNE 15, 2004 • Provide employees with enrolment assistance via enrolment meetings, software, e-mail/internet, customer service and technical support; • On an annual basis, prepare and distribute die enrolment packages including updates or Health Care Spending Account status, where applicable; • Review, audit and reconcile the enrolment submissions and ensure that Evidence of Insurability documents are sent in a timely manner for completion; • Return Confirmation Statements in prescribed time frame and review/audit those Statements for completion; • Ensure tint all carrier approvals are provided to the Enrolment Provider and all pertinent documents are circulated as deemed necessary; • Provide all administration and other support services, related to a flexible_ benefits program, including billing, enrolment and customer services, as required; • Provide a summary of the charge that will be applied for all Flexible Benefit services that is required to support the existing program on a per employee basis. S. Contract Term This Service Agreement will be for a three (3) year term effective as of the date of approval by Council with three (3) additional one year extensions to the agreement at the discretion of the Town. 9. Financial Terms In recognition of PPI Financial Group providing the above services in a timely and satisfactory manner to the Town, the Town will pay to PPI Financial Group on a monthly basis a commission of 1.5% of the premium for Life Insurance, Accidental Death & Dismemberment and Long Term Disability and 1.5% of paid claims for Extended Health Care and Dental. 10. Contract Termination In the event that PPI, in the opinion of the Town, fails to satisfactorily perform the services in accordance with the terms and conditions of this Service Agreement, as stated herein, the Town reserves the right to terminate the Agreement. Furthermore, the Town at its sole discretion, reserves the right to terminate the Agreement without showing cause, prior to its conclusion, upon giving at least thirty (30) days written notice to PPI. The Town shall pay all reasonable costs incurred by the PPI up to the date of termination, less any excess costs incurred by the Town in re -procuring and completing the work where the termination is for cause. However, in no event shall PPI be paid for any amount that exceeds the price of the agreed fee for the work performed. PPI will not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination. For the Town of Aurora For PPI Financial Group SA tumm+ km.,ces111e2 ameals�Smlce Agrcemrnl PPI (•;nanewi Group.doc -72- GENERAL COMMITTEE - JUNE 15, 2004 EGENDA ITEM =,50 To: Mayor and Members of Council Subject: Environmental Advisory Committee Terms of Reference From: Councillor Gaertner Date: June 15, 2004 At the April 6, 2004 General Committee Meeting, I was directed to meet with staff to refine the proposed Terms of Reference for the Environmental Advisory Committee. In this regard, please find attached a copy of the revised Terms of Reference for Council's consideration. endy Gaertner, Councillor Ext. 4265 cc: B, Panizza, Town Clerk -73- 3ENERAL COMMITTEE - JUNE 15, 2004 TOWN OF AURORA ENVIRONMENTAL ADVISORY COMMITTEE 1. PURPOSE The Environmental Advisory Committee (EAC) Is to act as an Advisory Committee of Council on matters relating to protection and enhancement of the environment. The EAC shall be a catalyst for local initiatives that promote environmental sustainablllity, integrity and conservation of our resources and ecosystems as well as provide input to protect, maintain, restore and enhance the environment and our common natural heritage within the Town. The EAC shall also endeavor to create a sense of stewardship within the community towards our open spaces, parks and woodlots. 2. MEMBERSHIP The EAC shall be composed of 2 Members of Council and 7 citizen members who are residents of the Town of Aurora. 3. TERM An EAC member shall hold office for a term of three years concurrent with the term of Council 4. REMUNERATION EAC members shall not be remunerated for their appointment to the EAC. 5. DUTIES AND FUNCTIONS The EAC shall consider in establishing its objectives the need to: • Act as a link between citizens, Town staff and government to facilitate resolution of environmental concerns and to assist in developing projects that will enhance our community environment; • Identify changing needs, bring forward and recommend appropriate actions to deal with environmental issues impacting Aurora; + Work at building relationships and establish partnerships with interested environmental organizations and individuals; + Provide advice to Council on environmental policies, procedures and regulations; Advise Council on by-laws, operational policies and protocols relating to issues such as: pesticide use, anti -idling initiatives, litter, tree -74- GENERAL COMMITTEE - JUNE 15, 2004 Page 2 preservation, clean air, green purchasing, stream protection, natural heritage studies, trail systems, road maintenance, and waste diversion; • Identify opportunities to implement initiatives for education, outreach, public awareness and public consultation; • 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;. • Assist Council and staff where feasible 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; • Encourage the acquisition of environmentally sensitive areas through conservation easements and other mechanisms; • Assist in the promotion of green space, environmental restoration, environmental rehabilitation and enhancement projects; • Support development and education of the public on energy conservation initiatives; • Undertake any assignments as may be requested by Council Motion from time to time; • Provide input to the Leisure Services Department and the Planning Department in the preparation of a State of the Environment report and review it every 5 years at a minimum 6. MEETING TIMES AND LOCATIONS The EAC shall meet monthly at 7:00 pm. The Committee may establish sub -committees which may include non-EAC members, provided an EAC member chairs the sub -committee. Sub- committees shall report to the EAC through the sub -committee Chair. 7. STAFF SUPPORT The Corporate Services Department will provide administrative support services to the EAC including the co-ordinating of EAC related communications and correspondence and assisting in the preparation of EAC reports. A staff member will attend EAC meetings to provide technical assistance to the EAC. -75- GENERAL COMMITTEE - JUNE 15, 2004 AGENDA ITEM # TOWN OF AURORA GENERAL, COMMITTEE REPORT No. PL04-071 SUBJECT: Official Plan and Zoning By-law Amendment Applications 2029193 Ontario Inc. Lot 10, Registered Plan 65M--2873 248 Earl Stewart Drive File D09.02.04 and D14.02-04 FROM: Sue Seibert, Director of Planning DATE: June 15, 2004 RECOMMENDATION THAT Council approve By-law No. 4547-04.D, being a By-law to approve Official Plan Amendment No. 54 BACKGROUND As illustrated on the attached Figures 1 and 2, the subject lands are located at 248 Earl Stewart Drive, at the southwest corner of Isaacson Crescent and Earl Stewart Drive and are known legally as Lot 10, Registered Plan 65M-2873. The lands are currently vacant and are 0.64 hectares (1.58 acres) in size and have a frontage of approximately 82.9 metres (271.98 feet) along Earl Stewart Drive and 74.4 metres (244.09 feet) along Isaacson Crescent. The applicant is proposing to amend the Official Plan from "General Industrial" to "Service Commercial Special" and amend the Zoning By-law from "General Industrial Specific (M6) Zone" to "Office Commercial (C6-X) Exception Zone." The purpose of the applications is to allow for the use of the lands for business and professional offices including medical and dental offices, clinics, medical and dental laboratories and other accessory uses. The subject applications were before Council at the Pubic Planning Meeting held on May 26, 2004. At the meeting, Council directed Staff to draft the official plan amendment and resolved that the approval of the implementing zoning by-law will be subject to the review of a site plan application. Accordingly, the official plan amendment has been drafted and is attached for Council's review. It should be noted that the official plan amendment has been exempt from Regional Planning Committee and Council approval, thus the Town is the approval authority. The conceptual site plan and building elevations which were attached to the Public Planning Report have also been attached to this reportfor reference purposes. OPTIONS Council has the option of approving Official Plan Amendment No. 54 if they are satisfied -76- 3ENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 2 - Report No. PL04-071 with the draft attached to this report. Alternatively, they also have the option of directing Staff to make any changes they feel are necessary. CONCLUSION At the Public Planning Meeting held on May 26, 2004, Council directed Staff to draft the subject official plan amendment which would redesignate the lands from 'General Industrial" to "Service Commercial Special," in order to allow their use for business and professional offices including medical and dental offices, clinics, medical and dental laboratories and other accessory uses. Accordingly, Official Plan Amendment No. 54 has been drafted and is attached for Council's review and approval. FINANCIAL IMPLICATIONS If approved, the use of the lands for business and professional offices would still maintain their employment function. LINK TO STRATEGIC PLAN The Strategic Plan contains objectives to ensure high quality, comprehensive community planning to protect the overall investment of citizens in the community. Critical review of the subject applications through the Official Plan and Zoning By-law amendment processes facilitates this objective. ATTACHMENTS Figures Figure 1 - Location Plan Figure 2 - Survey Figure 3 - Proposed Conceptual Site Plan Figure 4 - Proposed Conceptual Elevations Appendixes Appendix 1: Draft Copy of Official Plan Amendment No. 54 PRE -SUBMISSION REVIEW: Management Team Meeting - June 9, 2004 Prepared by. Fausto Filipetto, Planner Extension 4342 $ye§dibert, mc.I.P., R.P.P. Director of Planning -77- �' OT Downey ROAD S1D'E ST. JOHN'S GreS o� `SUBJECP-`; Lu vs ci W ui cC --- > Q i W _ W Lid Pedersen Dr LOCATION PLAN 0 75 150 f APPLICANT: 2029193 ONTARIO INC. FILE: D09-02-04 & D14-02-04 Metres AURORA PLANNING DEPARTMENT Scale 1:3000 FIGURE 1 DATE: JUNE 15TH, 2004 .. _ __.. _ .•c_� __ .._.. rn., nnne bn..., .anr� „mvida,� by Ynfk AaniM. LocatlOn plan Created by Me l own 01Hur0ra rlarlllfr y vev ..... n, r+y^' .^�, rvvT, "'_-"•^ ^ —. 3ENERAL COMMITTEE - JUNE 15, 2004 r .�U9 �'r•F�_ pppp 0.F`dEe P-3 O ARC d j . 3r m e\ CLe 4 R O�EW ARC yp15 Deabe\aa aY HM�a\NEE p1u• P�- P1\� o56a1_D{96 0 Z h � ' 6 D �Q `u�-�`'b• i Hall 79 - GENERAL COMMITTEE - JUNE 15, 2004 weo-axKw xva ueeaxsaa SAI»fl 1MVM31S lkiV391,Z GnI pYI'OV4Yp'r.yM 'Y13pµS6%00M xr Y 1� M 9L9Z-W59 NV'Id aSH31510Sd wing N`0I9aa'Ivan.LoaJJHoidv '0410-Z � omswawao�anaa NV-ld EWS > �" I tj 'ONIONV1N066tR �m Ha; I�$-m� ON10"II(19'1V1N�aroddl �"t tµ r-x-F-a�,..r. Iiq'E C� s I;4 I G W Y EPP��P\VJ� \yGr.' r Q z C�� 41, I a 3EN M, 4UlWMV! CC06 tLt{W tL pnt [bl'omuP'wtnV AV3iw�6--•OtMZr aims NDlsaa'IVdn15aAIHadV rviS1"2Wan30 U) z O F w J W aJ w 0 4 ui W 'S aAlda.LUVMaS ldVa GVB ELO-W99 NVId aadalSIDEW 'm LOl 'ONI 018V1NO M MOB ONIaUnS IV1N3a iaeroaa bi to S Uj N 0 z9 u_ N 0t WQ Z 0 d W t J Q W z DO 5Cj) m0 4 CC O Z sNOUVAa73 ig ; s :9NIMVtl(I j— 00a 9 -I NUn M 0 LL GENERAL COMMITTEE - JUNE 15, 2004 APPENDIX No. 1 190"m SENERAL COMMITTEE - JUNE 15, 2004 xzt. 0 -a ~W AMENDMENT NO.54 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA Wim GENERAL COMMITTEE - JUNE 15, 2004 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4547-04.13 BEING A BY-LAW to adopt Official Plan Amendment No. 54 The Council of the Corporation of the Town of Aurora, under Section 17 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, hereby enacts as follows: 1. Official Plan Amendment No. 54 for the Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. 2. The Clerk is hereby authorized and directed to make such application on behalf of the Corporation and to execute under the Corporate Seal such documents as may be required for the above purposes. 3. This By-law shall come into force and take effect on the day of the final passage thereof. READ A FIRST, SECOND AND THIRD TIME THIS DAY OF , 2004. T. JONES, MAYOR B. PANIZZA, TOWN CLERK Note: In accordance with Regional Official Plan Amendment #9, as approved by By- law A-0265-1999-0.71, this amendment is exempt from Regional approval. In this regard, the Town of Aurora is the signing authority. sm 31ENERAL COMMITTEE - JUNE 15, 2004 AMENDMENT NO. 54 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA PLANNING AREA This Amendment to the Official Plan for the Town of Aurora, which has been adopted by the Council of the Corporation of the Town of Aurora, is hereby approved in accordance with Section 17 (22) of the Planning Act, RSO 1990 Chapter P. 13 as amended, as Amendment No. 54 to the Official Plan for the Town of Aurora. Date: T. Jones, Mayor B. Panizza, Town Clerk 91-M GENERAL COMMITTEE - JUNE 15, 2004 AMENDMENT NO.54 TO THE OFFICIAL PLAN FOR THE TOWN OF AURORA STATEMENT OF COMPONENTS INDEX PART 1 - THE PREAMBLE PAGE 1.0 Introduction 1 2.0 Purpose of the Amendment 1 3.0 Location 1 4.0 Basis of the Amendment 1 PART 2 - THE AMENDMENT 1.0 Introduction 3 2.0 Details of the Amendment 3 3.0 Implementation and Interpretation 5 3ENERAL COMMITTEE - JUNE 15, 2004 PART 1 - THE PREAMBLE Page 1 1.0 INTRODUCTION This part of the Amendment entitled Part 1 - The Preamble, introduces the Amendment and describes the context and planning process leading to the document's preparation. It is for explanatory purposes only and does not form part of the Amendment. 2.0 PURPOSE The purpose of this amendment is to change the land use designation on the subject lands shown on Schedule "A" attached hereto and forming part of this amendment, from "General Industrial" to "Service Commercial Special" in order to establish site specific policies to permit the use of the lands for business and professional offices including medical and dental offices, clinics, medical and dental laboratories and other related accessory uses. 3.0 LOCATION The lands affected by this amendment are located in Part of Lot 85, Concession 1, E.Y.S., in the Town Aurora, better described as Lot 10, on Registered Plan 65M-2873. The subject lands are located on the southwest corner of Earl Stewart Drive and Isaacson Crescent. 4.0 BASIS OF THE AMENDMENT Council has enacted this amendment in response to the following: 4.1 An application has been made by 2029193 Ontario Inc., to develop the subject lands for office commercial uses. It is the intent that the lands will be used for medical and dental offices, clinics, medical and dental laboratories, and related accessory uses. 4,2 The subject lands are currently vacant and are designated "General Industrial", as shown on Schedule "A" to Official Plan Amendment No. 52. 4.3 Under the current Official Plan designation, "General Industrial," permitted uses are: "automobile repair shops, public and institutional uses such as service clubs, religious institutions, curling clubs, and arenas. Limited retail sale of products made or assembled in the industrial premises shall be permitted." GENERAL COMMITTEE - JUNE 15, 2004 PART 1 - THE PREAMBLE Pane 2 In addition, all uses in the "Prestige Industrial' designation are also permitted, which include: "manufacturing, assembling, fabrication, processing, warehousing, trade schools, daycare centres, wholesaling and the internal storage of goods. Offices which are in conjunction with one of the above mentioned uses shall be permitted provided that the floor areas and building size does not detract from the character of the industrial area". 4A The office commercial uses proposed will meet the needs of the community, and will service the surrounding industrial and residential areas, therefore enhancing the economic viability of this area. 4.5 The proposed office commercial development is compatible with the other existing and proposed commercial uses to the north, east and south along Earl Stewart Drive, including Chafam Place and the approved Loblaws supermarket. The proposed development will not adversely impact on the surrounding area, nor will it detract from the area's emerging character. 4.6 The proposed office commercial uses will ensure these lands remain as employment lands for the Town. 4.7 Earl Stewart Drive and Pedersen Drive are designated as minor collector roads on Schedule "E" to the Official Plan. It is intended that the subject lands would access both Isaacson Crescent and Earl Stewart Drive, in Town approved locations. Attention will be given to all forms of transportation access and to the provision of safe and convenient pedestrian and vehicular access to the subject lands. 4.8 The subject lands are serviced by all utilities and the YRT transit system. The development of commercial uses will contribute to the use of public transit in this area. 4.9 Appropriate aesthetics can be incorporated into the design of the building. Parking, setbacks, landscaping and buffering, lighting and signage can be considered in the design of the site to satisfy and meet the needs of area residents and objectives of the municipality. 3ENERAL COMMITTEE - JUNE 15, 2004 PART 2 - THE AMENDMENT Page 3 1.0 INTRODUCTION All of this part of the document entitled Part 2 - The Amendment, consisting of the following text and attached map, designated Schedule "A" (Land Use Plan), constitutes Amendment No. 54 to the Official Plan for the Town of Aurora. 2.0 DETAILS OF THE AMENDMENT The Official Plan of the Town of Aurora is hereby amended as follows: Item (1) Schedule "A", Land Use Plan, being part of the Aurora East Industrial Estates Secondary Plan (Official Plan Amendment No. 52) is hereby amended by changing the land use designation on Lot 10, Registered Plan 65M-2873, as shown on Schedule "A" - Land Use Plan to Official Plan Amendment No. 54 attached hereto and forming part of this amendment, from "General Industrial" to "Service Commercial Special." Item (2) Section 2.2.3 - Service Commercial is hereby amended by adding subsection 2.2.3.2 to the end of that Section as follows: i) Site Specific Policies (Official Plan Amendment 54) Notwithstanding any policies to the contrary of Section 2.2.3 of the Aurora East Industrial Estates Secondary Plan (Official Plan Amendment No. 52) the following special policies apply to the property designated "Service Commercial Special," described as Lot 10, Registered Plan 65M-2873, and shown on Schedule "A" attached hereto: a) The use of the lands shall generally be developed for business and professional offices including medical and dental offices, clinics, medical and dental laboratories and other related accessory uses. b) The policies contained herein shall be implemented byway of a site specific zoning by-law. c) The commercial uses shall be subject to an individual site GENERAL COMMITTEE - JUNE 15, 2004 PART 2 - THE AMENDMENT Page 4 plan agreement(s), as may be required by Council. Individual applications for site plan approval and building permits shall be required to conform to the general intent of the site plan agreement. d) Implementation and construction of the development contemplated may occur in phases provided that a specific site plan agreement has been executed for the phase contemplated. e) Council shall require high standards in design, implemented through the site plan approval process, which ensure that the design of the commercial building(s) encourages both safe vehicular and pedestrian access to the site, and that the design of the building(s) and roof treatment are compatible with the surrounding land uses. A controlling architect may be retained by the Town to review the site plan application and the cost of such shall be borne by the applicant. f) A high standard of signage, lighting, street furniture and other appurtenances shall be required. g) Screening of certain elements on the development site such as loading areas, refuse storage, and rooftop mechanical equipment shall be addressed in the site plan agreement. h) Outside Storage shall not be permitted on the site. i) The design shall ensure that parking areas are landscaped, lighted and screened around the edges to be visually attractive, safe and supportive for pedestrians. j) The development of the subject lands shall be accomplished in a manner which minimizes changes in grades to the greatest extent possible. Where grade changes are essential, appropriate mitigating measures such as retaining walls and landscaping shall emphasize aesthetics and safety in their design to the satisfaction of the Town. .8 3ENERAL COMMITTEE - JUNE 15, 2004 PART 2 - THE AMENDMENT Page 5 k) To ensure the implementation of the above urban design measures, Council may enact site specific zoning standards which establish appropriate setbacks to ensure building envelopes are well defined and developed as intended. 1) Prior to the Town providing site plan approval for the subject lands, a landscaped design plan shall be prepared and submitted for approval to the Town of Aurora. The landscaped design plan shall address such items as appropriate screening, buffering, tree planting and other landscape elements for the development. m) The amount of parking spaces required shall be in accordance with the appropriate Town standards for medical and dental uses. n) The policies contained in Section 3.2.5.c.ii shall not apply to the subject lands. o) Unless precluded, altered, or exempted by any policies contained herein, all of the relevant policies of the Official Plan shall apply. 3.0 IMPLEMENTATION AND INTERPRETATION 3.1 The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Aurora Official Plan, Zoning By- law and Site Plan Agreements. -91 - A A- 0 50 100 —A Metres Scale 1:2500 OAD ST. JOHN'S —T—L'L _F17 I ii 3 -D- �3.2 -LL 7.' a �—j 'REDESIGNATED FROM "'GENERAL INDUSTRIAL /iltj TO SERVICE COMMERICAL'SPECIAL6 /Z -7 LM LU ...... ... .. > V .......... CO X. OPA 54 SCHEDULE LAND USE PLAN OPA 52 LEGEND Community Commercial Centre General Industrial Prestige Industrial Service Commercial SUBJECT LANDS Lot Une Hydro Line OPA 54 Schedule 'A'Map created by the Town of June 81h, 2004. Base data provided by York Region. 7ENERAL COMMITTEE - JUNE 15, 2004 EXPLANATORY NOTE Re: Official Plan Amendment Number 54 Official Plan Amendment No. 54 has the following purpose and effect: To amend the Town of Aurora Official Plan, to redesignated the subject lands being Lot 10, on Registered Plan 65M-2873, from "General Industrial' to "Service Commercial Special'. The amendment is to permit the subject lands to be developed generally for businesses and professional offices including medical and dental offices, clinics, medical and dental laboratories, and other and related accessory uses. Specific policies have been Included in the amendment to regulate such matters as parking, landscaping and urban design standards. The Official Plan policies shall be implemented by way of a site specific zoning by-law. -93- GENERAL COMMITTEE - JUNE 15, 2004 AGENDA ITEM # ` TOWN OF AURORA GENERAL COMMITTEE MEETING No, PL04-067- SUBJECT: TRUSTHOUSE 881NC. Part of Lot 76 & Part of Road Allowance between Lots 75 & 76, Con 1 EYS 520 Industrial Parkway South Official Plan Amendment and Zoning By-law Amendment Applications File Nos. D09-03-04 & D14.03-04 respectively FROM: Susan Seibert, Director of Planning DATE: June 15, 2004 RECOMMENDATIONS THAT report PL04-067 be received and that Official Plan Amendment No. 53 be approved by Council. BACKGROUND Location/Land Use: The subject property, consisting of approximately 0.73 hectares (1.8 acres), is located at the north-east corner of Yonge Street and Industrial Parkway South (Figure 1). There is currently an abandoned bungalow on the subject lands. Surrounding Uses: North: Railway & Automotive north of the railway South: Chamber of Commerce & Estate Residential East: Highland Park West: Vacant Land & Yonge Street Official Plan: The subject lands are designated "Estate Residential" in the Official Plan (Figure 2). 3ENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 - 2 Report No. PL04-067 Zoning By-law: The subject lands are zoned "Rural (RU-ORM) Zone" (Figure 3). Zoning By-law No. 4469- 03.0 states that "Notwithstanding any other provisions of this By-law to the contrary, where a Zone symbol is followed by the letters "ORM", no person shall use the land, (including expanding, enlarging or otherwise altering an existing use, building or structure), for any use otherthan a use existing as of November 15, 2001, without an amendment to this By- law in accordance with the policies of the Official Plan, the Oak Ridges Moraine Conservation Plan, the Oak Ridges Moraine Conservation Act, 2001, and the Planning Act, as amended. The applicant has applied for an amendment to the Official Plan and the Zoning By-law to permit a funeral home and business and professional office uses, including a medical clinic with accessory laboratory and dispensary uses (Figures 4 to 6). The lands are on the Oak Ridges Moraine (ORM) and therefore, the applicant is required to demonstrate compliance with the provisions of the policies of Official Plan Amendment No. 48 (OPA No. 48), the Oak Ridges Moraine Conservation Plan, the Oak Ridges Moraine Conservation Act, 2001, and the Planning Act. Background: At the Public Planning Meeting of May 26, 2004, Council passed the following resolution: "THAT staff be directed to bring forward to Council an Official Plan Amendment containing the condition that priorto the approval of an implementing Zoning By-law Amendment f& the lands, the Owner shall demonstrate compliance with the Oak Ridges Moraine Conservation Plan (ORMCP) and OPA No. 48 and that Staff be authorized to bring forward a Zoning By-law Amendment at such time as compliance has been demonstrated and the processing of a site plan application has reached a satisfactory stage, as determined by Staff." Since the Public Planning Meeting, in accordance with the above noted resolution, Staff has prepared Official Plan Amendment No. 53 (Appendix "A") to permit the lands to be used for a funeral home and business and professional office uses, including a medical clinic with accessory laboratory and dispensary uses. -95- GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 .3. Report No. PL04-067 At the Public Planning Meeting, Staff noted that the applicant's request was for "business and professional offices, including medical". This has been further clarified in the Official Plan Amendment as including a medical clinic, with accessory laboratory and dispensary uses. This is a refinement of the applicant's request and the uses are normally found within a medical office building and therefore, they have been incorporated into the draft OPA. As required by resolution of Council, the draft Official Plan Amendment also contains a specific requirement that, prior to the approval of an implementing Zoning By-law Amendment for the lands, the Owner shall demonstrate compliance with the Oak Ridges Moraine Conservation Plan (ORMCP) and OPA No. 48." Since the lands are situated on the Oak Ridges Moraine, the draft OPA does not qualify for Regional exemption under the Region's Official Plan Amendment No. 9. Therefore, if approved by Council, the OPA will be forwarded to the Region for final approval. OPTIONS At the Public Planning Meeting of May 26, 2004, Council directed that the Official Plan Amendment be brought forward to Council with a policy that would require that the Oak Ridges Moraine issues be resolved priorto the enactment of a Zoning By-law Amendment. The draft Official Plan Amendment attached as Appendix "A" to this report includes the said provision. FINANCIAL IMPLICATIONS Not Applicable CONCLUSIONS The applicant has applied for an Official Plan Amendment and a Zoning By-law Amendment to permit the subject lands to be used for a funeral home and a business and professional office building, including medical. At the Public Planning Meeting of Council on May 26, 2004, Council directed Staff to bring forward an Official Plan Amendment for the subject lands, subject to the Amendment containing a provision that, prior to the approval of an implementing Zoning By-law Amendment for the lands, the Owner shall demonstrate compliance with the Oak Ridges Moraine Conservation Plan (ORMCP) and OPA No. 48. This provision has been included in draft OPA No. 53. GENERAL COMMITTEE - JUNE 15, 2004 June 15, 2004 4 - Report No. PL04.067 Therefore, it is recommended that report PL04-067 be received and that Official Plan Amendment No. 53 be approved by Council. LINK TO STRATEGIC PLAN The Strategic Plan has goals of well -planned growth and fiscal responsibility, efforts to balance these goals are pursued to the extent possible in dealing with development applications. ATTACHMENTS Figure 1 — Location Plan Figure 2 — Existing OP Designation Figure 3 — Existing Zoning Figure 4 — Proposed Site Plan Figure 5 — Proposed Funeral Home Elevations Figure 6 — Proposed Office Building Elevations Appendix "A" - Draft Official Plan Amendment No. 53 PRE -SUBMISSION REVIEW Management Team Meeting — June 9, 2004 Prepared by. Michael Mallette, Acting Manager of Planning — Development Extension 4346 Su n $pfbert, M.C.LP., R.P.P. Director of Planning -97- G N - 9 L k LO \� �t \ » ' . \ . . .! \ o ( % f ` £ { n G§ § a C \ ; \ 5 » . a y■: � > � . _ 7 i]adiS SONOA . \ k §. . 2 J $§k .\ 0 6 (�2 % 0 G©e .�A/ U @g Q ©� �9 J ®(2 l-I % a 0 CLUE UNERAL GOMMII I FF JUNIF 15 900d z—�4 3. 1� C %�W"Y-4 A. . > ' DcXLr1 ,gKv , 9Wv2. t LL Al Y — �j �'"4 I I YDI(XX W Q i Q I WXdw -5ill 0 V E X pa "Mv < WOE 0 LO CD gig r—C cc E 0 t ZAN a to L� w slig 02 t" IF CC X lo A, X �Xl MEMO i Co I Z Lj cn ETS IN ON w ........... uj q< 0. '(D z 9 Z LM S i is .10 CL 0. 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