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AGENDA - General Committee - 20210907Town of Aurora General Committee Meeting Revised Agenda Date:September 7, 2021 Time:7 p.m. Location:Council Chambers, Aurora Town Hall Pages 1.Procedural Notes Aurora Town Council has resumed in-person meetings for Council and staff members only. Residents who wish to view meetings of Council should go to https://www.youtube.com/c/Townofaurora/videos. Mayor Mrakas in the Chair. Added items are marked with an asterisk (*). 2.Approval of the Agenda 3.Declarations of Pecuniary Interest and General Nature Thereof 4.Community Presentations 4.1.John Marshman, Vice President, Capital, Facilities and Business Development, and Tyler Chalk, Vice President, Strategy, Analytics and Communications, Southlake Regional Health Centre; Re: Southlake Regional Health Centre's Master Plan Update 1 5.Delegations *5.1.Christine Chevrier, Resident; Re: Item 8.2 - PDS21-091 - Request for a Parking By-law Amendment on Benville Crescent 23 6.Consent Agenda 6.1.Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 25, 2021 24 That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 25, 2021, be received for information. 1. 7.Advisory Committee Meeting Minutes 7.1.Mayor's Golf Classic Funds Committee Meeting Minutes of July 20, 2021 30 That the Mayor's Golf Classic Funds Committee meeting minutes of July 20, 2021, be received for information. 1. 8.Consideration of Items Requiring Discussion (Regular Agenda) 8.1.CS21-067 - Proposed Noise By-law Update 33 That Report No. CS21-067 be received; and1. That the proposed Noise By-law be brought forward to a future Council meeting for enactment, repealing and replacing the current Noise By-law No. 4787-06.P. 2. 8.2.PDS21-091 - Request for a Parking By-law Amendment on Benville Crescent 71 That Report No. PDS21-091 be received; and1. That a by-law to amend Parking By-law No. 4574-04.T be enacted to prohibit parking at any time on the north-east side of Benville Crescent from Bayview Avenue to a point nine metres north of the end of curb return adjacent to #87 Benville Crescent. 2. 8.3.PDS21-098 - Incorporating a Climate Lens in Town Governance and Operations 78 That Report No. PDS21-098 be received; and1. That climate change considerations be incorporated into staff reports starting in January 2022; and 2. That climate change considerations be incorporated as part of the 2023 budget approval process. 3. 8.4.PDS21-083 - Assessment of a Proposed Sidewalk on Metcalfe Street Between Aurora Town Square and Town Park 91 That Report No. PDS21-083 be received; and1. That the Town not proceed with the construction of a new sidewalk on the north side of Metcalfe Street, between Victoria Street and Wells Street. 2. 8.5.FIN21-035 - 2021 Year End Surplus/Deficit Management By-law and Reserve Management Adjustments 109 That Report No. FIN21-035 be received; and1. That the 2021 yearend surplus/deficit management by-law to manage the operating budget surplus or deficit through the use of reserves, as detailed in this report, be brought forward to a future Council meeting for approval; and 2. That the deletion of the six reserves identified in this report as no longer being required be approved; and 3. That the Treasurer be delegated the authority to delete reserves that are no longer required. 4. 9.Notices of Motion 9.1.Mayor Mrakas; Re: LDD Moth Infestation 122 10.Regional Report 11.New Business 12.Public Service Announcements 13.Closed Session There are no Closed Session items for this meeting. 14.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Delegation Request This request and any written submissions or background information for consideration by either Council or Committees of Council is being submitted to Legislative Services. Council or Committee * General Committee Council or Committee Meeting Date *  2021-09-07 Subject * Southlake Regional Health Centre's Master Plan update Full Name of Spokesperson and Name of Group or Person(s) being Represented (if applicable) * John Marshman, Vice President, Capital, Facilities and Business Development, and Tyler Chalk, Vice President, Strategy, Analytics and Communications, Southlake Regional Health Centre Brief Summary of Issue or Purpose of Delegation * In January 2020, after thorough engagement with our staff, physicians, health system partners and the  communities we serve, Southlake submitted a new Master Plan to the Ministry of Health. This plan lays  out a long-term vision of the infrastructure needed to care for our communities over a 20-30 year  planning horizon. One of the most overcrowded hospitals in the province, the communities served by  Southlake are among the fastest growing and fastest aging in Ontario. This presentation will give an  overview of our Master Plan and provide an update on our advocacy efforts. It will also include specific  statistics about hospital utilization for residents of Aurora. Have you been in contact with a Town staff or Council member regarding your matter of interest? *  Yes  No Full name of the Town staff or Council member with whom you spoke Mayor Mrakas Date you spoke with Town staff or a Council member   Page 1 of 123 Aurora Council PresentationJohn Marshman, VP Capital, Facilities and Business DevelopmentSeptember 7, 2021Page 2 of 123 Southlake’s unique role in Ontario’s healthcare system•One of the largest hospitals in Ontario (~$500M budget, 550 beds, 3700 staff, 630 physicians)•Dualmandate:-Core community hospital services for northern York Region and south Simcoe County.-Tertiary regional programs for broader population from northern GTA to as far north as Muskoka. Our regional Cardiac Program is one of Ontario’s largest and our regional Cancer Program is one of the top ranked based on provincial performanceindicators.Page 3 of 123 Outdated infrastructure at Southlake contributes to community access and efficiency challenges. •Highest medical/surgical occupancy of 21 peer hospitals.•Often have the largest volume of hallway or “unconventional” beds in the Central Region.•No capacity to support future growth.•Main buildings date back to the 1960s and 1970s:•Some buildings at end of life•Systems infrastructure requires full upgrades•Central utilities plant is at end of life for most major equipment •Challenged to accommodate current acute care requirements•89% more physical space required to right-size current units to contemporary standards (just to maintain currentbed count, not factoring in the significant bed increase required now and in the future).•Despite all of the above, and the fact that we serve one of Ontario’s fastest growing and aging populations, Southlake has not had any significant acute care capital expansions since2003.3Page 4 of 123 Between 2001 and 2016 the communities we serve grew dramatically•Overall growth in our core catchment area communities (2016 vs. 2001) significantly outpaced that of Ontario as a whole.•Looking at the compound annual growth rate (CAGR), our catchment area grew at a pace two times the province as a whole. 4Page 5 of 123 Southlake’s main campus has had no significant acute care expansion since 2003. Comparing our current activities to 2003/04 demonstrates the extent to which we have outgrown our current physical footprint.03/04 19/20KeytakeawaysBeds362 474 31% increase (112 more beds) within the same buildingEDvisits57,004111,88596% more visits (~55,000 more visits in 19/20 than 03/04; ~150 more/day)Acutedischarges16,91824,086 42% increase (~7,200 more discharges in 19/20 vs. 03/04; ~20 more/day)Patient days91,270135,147 48% increaseALC* patientdays 2,884 18,292 534% increaseALCrate 3.2% 13.5% 4.2x more ALC days as % of total patient days (overall ALC ratein 19/20, factoring in our Restorative Care Units at Humber Church and Finch, was25%)Inpatientsurgeries 4,397 5,615 28% more surgeries within the same OR space* ALC = Alternate Level of Care. ALC is a clinical designation for a patient in hospital who no longer requires hospital care and is waiting to be moved to another location (ex. a long-term care home, home with home care supports). 5Page 6 of 123 6In 2019/20, the residents of Aurora had a total of 4,084admissions to acute hospitals for care (average of 11/day). Over 63%of these were to Southlake. 24,091 patients were discharged from Southlake in 2019/20. People from Aurora represented nearly 11%of these discharges. Total cost for inpatient visits from Aurora residents was $21.9M. Average cost per visit was $8,647.Overview of hospital use from residents of Aurora in 2019/20 – Inpatient CarePage 7 of 123 7In 2019/20, the residents of Aurora had a total of 18,972visits to hospital EDs (average of 52/day). Over 78% of these visits were at Southlake. There were 111,885 ED visits at Southlake in 2019/20. People from Aurora represented over 13%these visits. Total cost for ED visits from Aurora residents was $3.5M. The average cost per visit was $237.Overview of hospital use from residents of Aurora in 2019/20 – Emergency Department visits Page 8 of 123 In terms of projected future growth in demand for inpatient hospital care, the communities served by Southlake are near the top of the list provincially. Expected 20-year growth in need across the 76 sub-regions in OntarioMethodology (from Preyra Solutions Group)- Age groups are weighted individually to estimate future hospital service demand based on current and historical utilization (newborns, adults, younger seniors, older seniors, etc.). - For each age cohort, inpatient hospital days per capita is calculated and then multiplied by future age cohort-specific population growth projections to get future weighted total demand. 8Page 9 of 123 All regions with similar levels of future projected hospital demand growth have recently opened new hospitals or have major projects in development. Ontario’s 76 sub-regions ranked from highest growth to lowest projected future growth in acute hospital care demand. Showing the top 8. 9Page 10 of 123 Expected 20-year growth in population of people 65+ across the 76 sub-regions in OntarioThe communities we serve are also among the fastest aging in Ontario. Patients >65 drive hospital activity and cost. In 2019/20, patients over 65 represented 42% of our discharges and 59% of our costs.Sources:- Statistics Canada 2016 Census- Ministry of Finance Population Projections (Spring 2017 Release)10Page 11 of 123 All regions with similar overall projected population growth in residents 65+ have recently opened new hospitals or have major projects in development. Ontario’s 76 sub-regions ranked from highest growth to lowest in terms of growth in seniors. Showing the top 8. 11Page 12 of 123 The extent of the expansion required over the next 20-30 years cannot beeconomically accommodated on our currentsitePage 13 of 123 Southlake’s Master Plan and redevelopment vision for thefutureHow the Master Plan was developed•In 2019 Southlake engaged across our organization, with our system partners, and with the communities we serve to develop an exciting plan for the future of hospital care in northern York Region and southern Simcoe County. We believe this was one of the first Master Plans developed within the Ontario Health Team era, with system partnerships and connected care front of mind in all aspects of theplan.•Master Plan submitted to the Ministry of Health in January 2020.The Master Plan itself – our preferredoption•New acute care facility on a separatesite.•Redevelopment of the existing campus into an ambulatory outpatient site.Some of the benefits of our preferred option•Maximizes use of existing assets over time. •Minimizes service delivery disruption and impacts on patients, families, staff and our community.•Lowest cost option.•Minimizes the time required to expand acute care services in the 10-year time horizon.13Page 14 of 123 How the community can get involved14•Stay informed via anewsouthlake.ca•Encourage your constituents to contact their MPP and add their voice to the call for a new Southlake •Encourage friends and neighbours to get involvedPage 15 of 123 15Questions and AnswersPage 16 of 123 Appendix: The communities served by Southlake are among the fastest growing in OntarioExpected 20-year population growth across the 76 sub-regions in OntarioSources:- Statistics Canada 2016 Census- Ministry of Finance Population Projections (Spring 2017 Release)17Page 17 of 123 Appendix: All regions with similar overall projected population growth have recently opened new hospitals or have major projects in development. Ontario’s 76 sub-regions ranked from highest growth to lowest in terms of overall population growth. Showing the top 13. 18Page 18 of 123 Did you know?•Our tax dollars do not fund all our healthcare needs for our communities.•Partnership with community is important for every hospital.•Province funds new builds and operational costs for the delivery of care, like staffing. •Hospitals fund equipment, renovations and a local share of new builds.Southlake relies upon the generous investment of our communities, to deliver leading edge care, close to home. We can’t do it without you.19Appendix: Update on Southlake’s Mental Health CampaignPage 19 of 123 Our Campaign to Transform Mental Health Care•Mental health needs more than medicine. For mental health patients, space is treatment.•Even prior to COVID-19, our community’s need for mental health care has increased, while the space for treatment has not—most often, we are over capacity.•Our environment is outdated and substandard—an unacceptable barrier to providing the best possible care. Small, overcrowded, without privacy; our spaces lack the necessities that allow optimal healing and recovery.Appendix: Update on Southlake’s Mental Health CampaignPage 20 of 123 Building Spaces that HealThe needs of our Mental Health Program start with space that meets standard, modern, and best practiceapproaches to care from admission through treatment and provides capacity to meet escalating demand. 9Emergent Mental Health Assessment Unit912 bed expansion to the Adult Inpatient Unit9Revitalized spaces including an outdoor patioAppendix: Update on Southlake’s Mental Health CampaignPage 21 of 123 We need help to give helpIn October 2020, we launched “Better begins today” to build spaces that heal. Thank you! We are over 60% to our $7.5M goal.“Patients need a more positive, continuous journey, right from the start. With your help, we can make that possible. While patients continue to count on us, we’re counting on you.” – Dr. Mahdi Memarpour, Chief of Psychiatry We still have to raise a critical $2.5 million.Donate today at southlake.ca/better22Appendix: Update on Southlake’s Mental Health CampaignPage 22 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Delegation Request This request and any written submissions or background information for consideration by either Council or Committees of Council is being submitted to Legislative Services. Council or Committee * General Committee Council or Committee Meeting Date *  2021-9-7 Subject * Proposed parking by-law amendment on Benville Crescent Full Name of Spokesperson and Name of Group or Person(s) being Represented (if applicable) * Christine Chevrier Brief Summary of Issue or Purpose of Delegation * I would like to explain that the reason some neighbours signed a petition to restrict parking on the street by the park was due to restrictions imposed by Covid and is no longer a problem. I want to ensure that all residents of Benville crescent will be allowed to have parking on the street in front of their homes. Therefore, we would like parking to be permitted on both sides of Benville crescent. Have you been in contact with a Town staff or Council member regarding your matter of interest? * Yes No Full name of the Town staff or Council member with whom you spoke Michael Bat Date you spoke with Town staff or a Council member 2021-8-30   Page 23 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Memorandum Councillor’s Office Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 25, 2021 To: Mayor and Members of Council From: Councillor Wendy Gaertner Date: September 7, 2021 Recommendation 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of June 25, 2021, be received for information. Page 24 of 123 Board Meeting Highlights June 25, 2021 Announcements: a) Chair Emmerson welcomed new Board member, Deputy Mayor Joe Gough, who has been appointed to represent the Township of Ramara. Board members and Executive Leadership Team members introduced themselves and welcomed Deputy Mayor Gough to the Board. b) CAO Rob Baldwin advised that with the recent Provincial cabinet shuffle, there are two new ministers within the conservation authorities’ portfolio: namely, Minister of the Environment, Conservation and Parks David Piccini, and Minister of Northern Development, Mines, Natural Resources and Forestry Greg Rickford. He also advised that changes to the Provincial conservation authorities working group are not anticipated. c) General Manager, Integrated Watershed Management, Ben Longstaff, advised that due to the very dry spring, we entered into a Level 1 low water response condition in June. As a result, a Low Water Response Team has been formed with representation from all watershed municipalities, Provincial agencies, Trent Severn Waterways, and First Nations. The first meeting takes place virtually on July 7th to ensure a coordinated response as required. d) Lake Simcoe Conservation Foundation Executive Director, Cheryl Taylor, provided an update on upcoming events; namely, the 32nd Annual Conservation Dinner taking place on September 22nd; the Dalton Hicks 3rd Annual Golf Tournament on August 25th, and the Chairman’s Golf Tournament on August 19th. More information on these events can be found through this link: https://www.lakesimcoefoundation.ca/events Deputations Ms. Claire Malcolmson shared concerns with the proposed Bradford Bypass on behalf of the Rescue Lake Simcoe Coalition and Eco Justice. She noted these groups feel the environmental assessment is outdated and the need exists for a complete review and update to the environmental assessment, as well as an examination of alternatives before any construction begins. They feel there are many information gaps that need to be explored before this project should proceed. CAO Baldwin explained that Provincial highways are exempt from the conservation authorities ’ regulations, and the Authority has committed to a voluntary project review should we be asked to provide it. The Authority will provide input on the science if and as requested. Page 25 of 123 Board Meeting Highlights June 25, 2021 Page 2 At the request of Board members, a staff report will be prepared for the September 2021 meeting based on the information that the Authority has available at that time. More information on the Bradford bypass can be found through this link: Bradford Bypass Presentations: a) 2022-2024 Strategic Plan Project Communications Specialist, Melissa Rosato, and Project Lead on the Authority’s 2022-2024 Strategic Plan provided an update on its progress, noting that typically the Authority’s strategic plan is outsourced to a consultant and work begins prior to the expiry of the existing plan . With the many obstacles and financial constraints faced in 2020, the decision was made for this work to be completed in-house by our communications department. She noted that steps completed at this point include background research and program planning completed September 2020; situation analysis, which is a summary of our strengths, challenges, and opportunities, derived from all staff input, completed March 2021; and vision, mission values statements completed May 2021. Currently in progress are the goals, strategic objectives and success indicators, with a list of high-level goals and strategic objectives that are well aligned being the expected outcome. Still to be actioned is the validation and prioritization of strategic objectives (September 2021), as well as the launch and implementation planning anticipated for fall of 2021. Ms. Rosato outlined the process of staff engagement by way of department stars who help guide their colleagues through the process and staff consultation to ensure all staff participation. She invited Board members to participate by way of a Board workshop to be held in late August, with a survey option available for those who are unable to attend. It is expected the Strategic Plan will be finalized in 2021 and launched for implementation in 2022. This timing fits nicely with the new leadership focus of the Authority’s CAO, Rob Baldwin, as well as the timing around the changes to the Conservation Authorities Act and subsequent regulation. To view this presentation, please click this link: 2022-2024 Strategic Plan Update. For more information on the Authority’s Strategic Plan process, please contact Melissa Rosato at 905-895-1281, ext. 120 or m.rosato@lsrca.on.ca. b) 2021 Afforestation Program Update Manager, Forestry and Greenspace Services, Philip Davies, provided an update on the Authority’s 2021 spring planting program and ongoing initiatives to increase forest and canopy cover across the watershed, noting that Forestry staff deliver tree and shrub planting services to watershed landowners through the annual spring and fall programs. With the cancellation of the 2020 spring planting program, fulltime employees utilizing new safety protocols were able to plant 1,800 trees on six sites through the annual fall program. The average for the annual fall program is 2,600 trees, which is less than the annual spring program average of 42,000 trees. Page 26 of 123 Board Meeting Highlights June 25, 2021 Page 3 During the 2021 spring planting season, Forestry staff worked with 25 landowners to plant over 49,500 trees across the watershed despite pandemic related challenges and restrictions. These planting projects were completed with the support of our municipal program partners including York Region’s Grow Your Legacy Planting Program and Simcoe County’s Simcoe Trees Program, as well as funding partners including the Lake Simcoe Conservation Foundation and Forests Ontario’s 50 Million Trees Program. The annual Do-It-Yourself Planting Program, which sells seedlings directly to landowners for planting on their properties, was very successful in large part due to build-up of demand following the 2020 cancellation, and accordingly 103 landowners collected over 13,600 trees at the pick-up event, our largest distribution to date. Restoration staff also completed 13 projects including planting over 6,500 trees, shrubs and herbaceous plants. He went on to note that Forestry staff continually seek opportunities with landowners, municipal partners, as well as neighbouring conservation authorities, to increase forest and canopy cover in the watershed to support natural heritage cover restoration and expansion objectives. To view this presentation, please click this link: Afforestation Program Update. For more information on the Authority’s Afforestation program, please contact Philip Davies at 905- 895-1281, ext. 321 or p.davies@lsrca.on.ca. c) 2022 Budget Assumptions General Manager, Corporate and Financial Services/CFO, Mark Critch, provide d a presentation on the Authority’s 2022 Budget Assumptions, noting that budget assumptions set clear direction for budget targets; enable staff to work with municipal funding partners to secure preliminary budget approvals; allow staff to build the 2022 budget and reduce re-work; provide the Board of Directors the opportunity to influence the general direction of the budget ; and strengthen the advocacy role of Board members at their respective municipal budget presentations. Standard budget assumptions include that the Authority recognizes and incorporates the challenges being faced by municipal funding partners in the budget development. Other budget assumptions are that rental property surplus goes to Asset Management reserve to fund future asset management work; Foundation revenue continues to be used for education and projects and we continued to watch for challenges related to donations; any interest Income above budget assumption goes to surplus, reserves are used for pilot projects or one-time purchases, and the Authority continues to respect the taxpayer and understand the context of budget requests. GM Critch reviewed the governing principles in the budget recommendations, such as inflation and COLA which are in line with local comparators, adjusting for municipal funding challenges, municipal targets are used where feasible; a 1% investment toward achieving strategic priorities is recommended to be deferred until 2023, and asset management funding will be addressed in a financial strategy being tabled in the fall, but a small placeholder is included in Page 27 of 123 Board Meeting Highlights June 25, 2021 Page 4 2022 budget. He also noted that for the third year in a row there are no new fulltime employees included in the budget unless they are fully funded by grants. He shared the financial impacts of funding targets as well as the various COLA rates scenarios and asked the Board for endorsement of the following 2022 budget assumptions: 1. Inflation: Up to 2.00% (2021 Budget: 2.00%) 2. COLA for staff: Up to 2.00% (2021 Budget: 1.00%) 3. Infrastructure levy for Asset Mgmt.: 0.50% increase on capital funding only 4. Investment in Strategic Priorities: 0.00% (2021: 0.00%) 5. No additional FTE’s in 2022, unless they are fully funded from grants and/or fees 6. General and Special Operating Levy: Up to 1.00% (2021: 1.00%) 7. Special Capital Levy: Up to 1.70% (2021 Budget: 1.00%) Next steps for the 2022 budget include: - Board approved budget assumptions will be used to develop 2022 Budget; - Preliminary budgets will be shared with municipalities, ensuring coordination with municipal budget cycles; - An on-line financial update for municipal funding partners will be hosted in Fall; - Efficiencies and cost savings to support the 2022 Budget will continue to be sought; - Predictive information from 2021 Forecast will be used to develop 2022 Budget; and - 2022 Budget presentations to funding partners will begin in the fall/winter. To view this presentation, please click this link: 2022 Budget Assumptions. For more information on the Authority’s 2022 Budget Assumptions, please contact Mark Critch at 905- 895-1281, ext. 297 or m.critch@lsrca.on.ca. Correspondence and Staff Reports: Correspondence The Board received a letter from the Township of Ramara dated June 18, 2021 regarding the Lake Simcoe Region Conservation Authority. 2022-2024 Strategic Plan Project The Board received Staff Report No. 29-21-BOD regarding the ongoing development of the Lake Simcoe Region Conservation Authority’s 2022-2024 Strategic Plan. 2021 Afforestation Program Update The Board received Staff Report No. 30-21-BOD regarding an update on the Authority’s Afforestation program. Page 28 of 123 Board Meeting Highlights June 25, 2021 Page 5 2022 Budget Assumptions The Board approved Staff Report No. 31-21-BOD regarding the recommended budget assumptions for the 2022 fiscal year. Conservation Authorities Act - Phase 1 Consultation Guide Comments The Board received Staff Report No. Staff Report No. 32-21-BOD regarding Provincial Bill 229 Regulatory Proposal Consultation Guide and approved Comments Letter for submission to the Environmental Registry of Ontario ahead of the June 27, 2021 deadline . Conservation Ontario’s Governance Accountability and Transparency Initiative The Board received Staff Report No. 33-21-BOD regarding Conservation Ontario’s Governance Accountability and Transparency Initiative and endorsed the three key actions developed by the Conservation Ontario Steering Committee to update Administrative By-laws, to report proactively on priorities, and to promote/demonstrate results. The Board directed staff to work with Conservation Ontario to implement these actions and to identify additional improvements and best management practices. KD03 Sunnidale Road Stormwater Pond Retrofit Project The Board received Staff Report No. 34-21-BOD regarding the City of Barrie’s KDO3 Sunnidale Road Stormwater Pond Retrofit Project and approved funding for the project through the Authority’s Offsetting Cash in Lieu funds from Water Balance and Lake Simcoe Phosphorus Offsetting as outlined in the report. Confidential Human Resources Matter The Board endorsed Confidential Staff Report No. 35-21-BOD regarding a confidential human resources matter. Amendments to Permit under O. Reg 179/06 and Pursuant to Subsection 28.0.1 of the Conservation Authorities Act (Ministerial Zoning Order) for 2639025 Ontario Inc. Oro Station Automotive Innovation Park The Board received Staff Report No. 36-21-BOD regarding Amendments to Permission (Permit OP.2021.027) under O. Reg 179/06, Pursuant to Subsection 28.0.1 of the Conservation Authorities Act (Ministerial Zoning Order) for 2639025 Ontario Inc. Oro Station Automotive Innovation Park and approved the amended conditions to the permission as outlined in the report be approved including that the permit be valid for a period of sixty (60) months. The Board authorized the Authority’s Chief Administrative Officer to execute the agreement as required by the Conservation Authorities Act. For more information or to see the full agenda package, visit LSRCA’s Board of Directors’ webpage. Page 29 of 123 1 Town of Aurora Mayor's Golf Classic Funds Committee Meeting Minutes Date: Time: Location: Tuesday, July 20, 2021 10 a.m. Video Conference Committee Members: Koula Koliviras (Chair) Barb Allan Wendy Browne Heidi Schellhorn Members Absent: Rosalyn Gonsalves Other Attendees: Jason Gaertner, Manager, Financial Management Samantha Yew, Deputy Town Clerk Michael de Rond, Town Clerk _____________________________________________________________________ 1. Procedural Notes This meeting was held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. The Chair called the meeting to order at 10:00 a.m. 2. Approval of the Agenda Moved by Wendy Browne Seconded by Barb Allan That the agenda as circulated by Legislative Services be approved. Carried 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. Page 30 of 123 2 4. Receipt of the Minutes 4.1 Mayor's Golf Classic Funds Committee Meeting Minutes of June 24, 2021 Moved by Wendy Browne Seconded by Heidi Schellhorn That the Mayor's Golf Classic Funds Committee meeting minutes of June 24, 2021, be received for information. Carried 5. Delegations None. 6. Matters for Consideration None. 7. Informational Items None. 8. Closed Session Moved by Heidi Schellhorn Seconded by Barb Allan That the Committee resolve into a Closed Session to consider the following matter: Personal matters about an identifiable individual, including municipal or local board employees (Section 239(2)(b) of the Municipal Act, 2001); Re: Application from Kinark Child and Family Services Carried 8.1 Application from Kinark Child and Family Services Personal matters about an identifiable individual, including municipal or local board employees (Section 239(2)(b) of the Municipal Act, 2001) Page 31 of 123 3 Moved by Wendy Browne Seconded by Barb Allan 1. That the application from Kinark Child and Family Services be received; and 2. That the confidential direction to staff be confirmed. Carried 9. Adjournment Moved by Heidi Schellhorn Seconded by Barb Allan That the meeting be adjourned at 10:17 a.m. Carried Page 32 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. CS2 1 -0 67 Subject: Proposed Noise By-law Update Prepared by: Alexander Wray – Manager, Bylaw Services Department: Corporate Services Date: September 7, 2021 Recommendation 1. That Report No. CS21-067 be received; and 2. That the proposed Noise By-law be brought forward to a future Council meeting for enactment, repealing and replacing the current Noise By-law No. 4787-06.P. Executive Summary The purpose of this report is to seek Council’s approval to implement a new Noise By- law. The proposed Noise By-law will modernize existing legislation; introduce an exemption request process for construction activities and support the future transition to the Administrative Monetary Penalty System (AMPS).  As part of a continued review of the Town’s current by-law legislation, Bylaw Services has identified that the existing Noise By-law is outdated and does not address current community expectations and changing legislative requirements.  Staff are recommending the implementation of a new Noise By-law due to changing community expectations and resident feedback in public consultation.  Recent changes to the Municipal Act have changed the authority and scope of Municipal Noise By-laws.  Residents and Business owners have been consulted through two rounds of Public Consultation on the modernization of the Noise By-law.  The Administrative Monetary Penalty System (AMPS) allows for effective and efficient enforcement of the Town’s by-laws. Page 33 of 123 September 7, 2021 2 of 9 Report No. CS21-067 Background At the Council meeting of September 10, 2019 the following motion carried; “Now Therefore Be It Hereby Resolved that staff follow what is happening in City of Toronto and other municipalities, and begin the process of a comprehensive review of the Town’s Noise By-law” At the Council meeting of September 24, 2019 a noise exemption request to permit pouring and finishing of a cast-in-place concrete slab was brought forward for consideration. The exemption request was approved as the process for concrete slabs is scientific and the results are an engineered product. As part of the recommendation the following direction was provided to staff; “That a by-law to amend Noise By-law No. 4787-06.P be brought forward to a future Council meeting providing delegated authority to staff for the approval of noise exemptions for continuous pouring of concrete that cannot be interrupted once the operations have commenced” At the Council meeting of May 25, 2021 the following motion carried; “That Report No. CS21-017 - Modernized Noise By-law, be referred back to staff for further public consultation.” Due to the comprehensive review of our existing legislation and comparing the proposed by-law provisions to those which exist in other municipalities, staff were unable to provide a track changes document with a direct comparison to our current legislation as the proposed by-law is completely new and not amending legislation. Analysis As part of a continued review of the Town’s current by-law legislation, Bylaw Services has identified that the existing Noise By-law is outdated and does not address current community expectations and changing legislative requirements. Upon conducting a review of the City of Toronto’s recent Noise By-law amendments, Toronto introduced stronger noise restrictions in multi-dwelling and multi-use occupancies while also reducing restrictions for common noises which would reasonably occur in a heavily urbanized environment. Page 34 of 123 September 7, 2021 3 of 9 Report No. CS21-067 The proposed Noise By-law will be inclusive of appropriate feedback received during the public consultation, while introducing a process for noise exemption requests related to construction activities. It also incorporates recent Municipal Act amendments related to noise and includes the framework and provisions for the future implementation of the Administrative Monetary Penalty System (AMPS). While the proposed Noise By-law was being developed, staff referenced by-laws in neighbouring municipalities to ensure consistency. Bylaw and Legal Services have worked with the Region of York – Prosecution Services to ensure the provisions contained in the proposed by-law are fair and equitable for Town residents and stakeholders. The proposed By-law is a newly created document and therefore tracked changes to the current by-law are not available. A high-level overview of the changes is provided in Attachment #3. Staff are recommending the implementation of a new Noise By-law due to changing community expectations and resident feedback in our public consultation. The Town’s current Noise By-law #4787-06 was implemented in 2006 and was designed to support the Town’s previous Zoning By-law and makes reference to Land Use Zones as defined in the previous Bylaw. Since that time the Town has experienced significant population growth, intensification, and changing community expectations relating to Noise concerns. Service requests relating to the Town’s Noise By-law have increased significantly since the implementation of the current by-law (See graph below). 0 20 40 60 80 100 120 140 160 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total Annual Noise Complaints -10 Years Total Annual Complaints Page 35 of 123 September 7, 2021 4 of 9 Report No. CS21-067 In March 2020, and again in summer 2021, the Town engaged residents, businesses, and stakeholders in a public consultation to better understand community concerns and incorporate them into a modernized Noise By-law. The intent was to find an equal balance between respecting property rights and providing flexibility for events like birthday parties, weddings, and religious holidays. The results of the two separate public consultations can be found in Attachment #2 of this report. Recent changes to the Municipal Act have changed the authority and scope of Municipal Noise By-laws. The Provincial Government has recently amended the Municipal Act with wording which speaks to Noise regulations relating to the delivery of goods. The amendments stipulate that: “a municipality does not have the power to prohibit and regulate with respect to noise made in the municipality in connection with the delivery of goods to any of the following, except as otherwise authorized by regulation: 1. Retail Business Establishments 2. Restaurants including cafes and bars. 3. Hotels and motels 4. Goods distribution facilities” This amendment will come into force on September 19, 2021, and, as a result of these changes, municipalities may not be able to regulate noise resulting from the activities listed above. In April 2020, the Provincial government introduced a regulation to the Municipal Act which suspended the enforcement of municipal by-laws relating to noise caused by construction activity. The regulation is in effect for a period of 18 months and permits construction work to occur between 6 am and 10 pm, 7 days per week. Further, the regulation also does not permit regulation of noise at any time resulting from construction activities related to the healthcare sector. As a result of these changes, the provisions in the proposed by-law relating to construction noise will not be enforceable between the hours of 6 am to 10 pm until the Provincial regulation is no longer applicable. Page 36 of 123 September 7, 2021 5 of 9 Report No. CS21-067 Residents and Business owners have been consulted through two rounds of Public Consultation on the modernization of the Noise By-law. In March 2020, the Town engaged residents and stakeholders in a public consultation. The public consultation occurred over the Town’s engagement platform at the time, PlaceSpeak, and received approximately 70 responses through the survey and forum discussion. In summer 2021, following Council direction, the Town embarked on a second public engagement process. The consultation was focused primarily online, through EngageAurora (the Town’s current engagement platform), and was available and heavily promoted for a period of six weeks (June 4 to July 17, 2021). Promotion included:  Heavy social media presence  Website presence  Targeted communication to local businesses  Internal communication The second engagement process resulted in 605 visitors to the site, of whom:  84 people responded to the public survey  146 visited multiple project pages  Contributed to an engagement tool in some way  26 downloaded a related document. The number of residents who participated in this engagement process is similar to those found in other engagement processes conducted by the Town, and in similar proportions to engagement processes in other municipalities. In Greater Sudbury, for example, a similar survey on revisions to the noise by-law in 2015 resulted in some 800 responses, representing less than 1% of the resident population. In the case of Aurora, the survey responses also represent less than 1% of the resident population. It is relevant to note, too, that the number of participants in both consultation processes conducted by the Town of Aurora are similar, despite occurring at different times of the year, promoted more heavily in the second consultation, and despite the use of a more robust engagement tool and different marketing and promotion in the second process. Below are some of the characteristics of those who participated in the second consultation process:  88.1% live in a single detached residence  39.3% worked during the day pre-COVID-19 Page 37 of 123 September 7, 2021 6 of 9 Report No. CS21-067  71.4% believed that there is a noise problem in their area, compared to 21.4% who did not  59.5% had not previously made a noise complaint  The majority of respondents stated that noise affected them as a general disturbance – that is, that it was an irritation  90.5% believed that the noise bylaw should be updated  42.9% believed that the proposed changes to the noise bylaw would help to combat noise pollution The complete results of both public engagement processes can be found in Attachment #2 – Public Consultation Results. Feedback received in both consultation sessions was focused on the following three areas: 1. Residential Noise (Weddings, Birthdays, Domestic Noise, Outdoor Music) 2. Construction Noise (Work relating to permitted construction projects) 3. Vehicle Noise (Loud exhausts) Through the modernization of the proposed Noise By-law, staff have addressed concerns outlined in item 1 by creating a general noise prohibition clause that addresses residents and businesses who cause or permit noise if it is audible from the point of reception. In an effort to provide clarity and stronger enforcement measures relating to construction noise, staff have made construction noise a defined term in the proposed by-law. Additionally, provisions have been included outlining a noise exemption process for construction projects. Bylaw Services will administer the exemption process with the department Manager having oversight of the process and delegated authority to approve or refuse. Exemption applications will require a non-refundable fee of $115.00 as outlined in Schedule “C” of the Town’s Fees and Charges By-law #6293-20. Requests will be granted for issues that are minor in nature and create minimal disruption to the surrounding community or required as part of construction methodologies such as poured concrete. Decisions of the Manager would be final, without a right to appeal. Should an exemption permit holder be found in non-compliance with the provisions outlined in their permit, Bylaw Services has the ability to revoke the permit at any time. As part of the public consultation process, many residents expressed concern over the constant sound of loud exhausts on motorcycles and vehicles. As part of our comprehensive review, Officers will be able to address vehicle related noise concerns on private property. However, any noise violations relating to vehicles traveling on a Page 38 of 123 September 7, 2021 7 of 9 Report No. CS21-067 roadway are a Police matter and should be addressed under Section 75(1) of the Highway Traffic Act. The Administrative Monetary Penalty System (AMPS) allows for effective and efficient enforcement of the Town’s By-laws. The Administrative Monetary Penalty System (AMPS) is a judicial process that is outlined in Section 434.1 of the Municipal Act. The provisions allow for a municipality to issue penalty notices to an individual or corporation and adjudicate over the matter with an internal screening and hearing officer. Once the matter has been adjudicated, the Town retains the full amount of the issued fines. Currently as our fines issued are processed through Region of York Courts the Town only receives approximately 50% of fines collected. The AMPS system has proven extremely successful in a multitude of GTA municipalities including Richmond Hill, Markham, Newmarket, Vaughan, Oshawa, and Hamilton. By approving the AMPS process at the implementation stage of this by-law, staff will avoid having to return at a future Council meeting to present amendments. Staff intend on presenting a report to Council later in the year to begin transition of all Town By-laws to the AMPS system. Advisory Committee Review Enter text Legal Considerations Municipalities are granted powers under section 129 of the Municipal Act to prohibit and regulate with respect to noise and to institute a permitting system in relation to the same. Section 128 of the Municipal Act also grants municipalities powers to regulate with respect to nuisances. The proposed by-law will replace the Town’s current noise by-law and be instituted pursuant to the aforementioned authority. As discussed in the report, current provincial regulation temporarily limits the powers of the Town to regulate construction activities between the hours of 6 am and 10 pm. This provincial regulation is in force until October 7, 2021, unless extended, and as a result, if the Town’s by-law is enacted prior to October 7, 2021, it will not apply to any construction activities in the times permitted by the province. Page 39 of 123 September 7, 2021 8 of 9 Report No. CS21-067 Further, a provision in the Municipal Act has been enacted recently, which does not permit municipalities to prohibit or regulate with respect to noise related to delivery of goods to retail business establishments, restaurants (including cafes and bars), hotels, motels and goods distribution facilities. This provision will come into force on September 19, 2021. Regulations are expected to be put in place at a future date to further specify how such activities will be regulated and whether municipal by-laws will have applicability to such activities. The Town’s noise by-law will be subject to such provisions and any regulations once they are proclaimed into force. At this stage, it is not known what will be part of the new regulations. Financial Implications When the transition to the Administrative Monetary Penalty System (AMPS) occurs, it will result in the Town receiving all revenues from Penalty Notices associated with enforcement action relating to this by-law. Communications Considerations The Town will loop back with participants in the public consultation processes to communicate the outcomes of their participation. Should the revisions to the noise bylaw be adopted by Council, the Town will share the provisions of the revised bylaw by way of a media release, as well as social media and website information. Link to Strategic Plan The proposed Noise By-law supports the Strategic Plan Goal of Supporting an Exceptional Quality of Life for all Alternative(s) to the Recommendation 1. Council not approve bringing forward the new Noise By-law for enactment. The current outdated by-law would remain in effect which does not meet community expectations and refers to land use zones of the previous Zoning By-law. 2. Council provide direction. Page 40 of 123 September 7, 2021 9 of 9 Report No. CS21-067 Conclusions For the reasons outlined in this report, Staff recommend that the new Noise By-law be approved and enacted at a future Council meeting. Attachments Attachment #1 – Noise By-law Draft Attachment #2 – Public Consultation Results Attachment #3 – Summary of Changes Attachment #4 – Noise By-law Consultation 2 Survey Results Previous Reports CS19-034 – Noise Exemption Request – 25 Butternut Ridge Trail, September 17, 2019 CS21-017 – Modernized Noise By-law – May 18, 2021 Pre-submission Review Agenda Management Team review on August 19, 2021 Approvals Approved by Techa Van Leeuwen, Director, Corporate Services Approved by Doug Nadorozny, Chief Administrative Officer Page 41 of 123 Attachment #1 Noise By-law Draft Copy The Corporation of the Town of Aurora By-law Number XXXX-21 Being a By-law to prohibit and regulate noise in the Town of Aurora. Whereas Subsection 8(1) of the Municipal Act provides that powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues; And whereas section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act”), provides that a municipality has the capacity, rights, powers and privileges of a natural person; And whereas it is in the public interest to reduce the noise level in the Town of Aurora, so as to preserve, protect and promote public health, safety, welfare and peace and quiet of the inhabitants of the Town; And whereas subsection 11(3) of the Municipal Act provides that a local municipality may pass by-laws respecting economic, social and environmental well-being of the municipality, respecting health, safety and well-being of persons, and respecting protection of persons and property; And whereas section 129 of the Municipal Act provides that, without limiting sections 9 and 11 of the Municipal Act, a municipality may prohibit and regulate with respect to noise, vibration and to prohibit the same unless a permit is obtained from the municipality for those matters and that the municipality may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; And whereas section 128 of the Municipal Act provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become public nuisances; And whereas in the opinion of Council for the Town of Aurora, certain kinds of noise are or could become a public nuisance; NOW THEREFORE, the Council of The Corporation of the Town of Aurora enacts as follows: 1. Definitions Page 42 of 123 Attachment #1 1.1. In this by-law, the following words have the following meanings: (a) "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form for any purpose, and includes any work, delivery or movement of any equipment or materials in connection therewith; (b) "Council" means the council of the Town; (c) "Director" means the department head responsible for the Bylaw Services division of the Town, or his/her designate or successor; (d) "Manager" means the manager of the Bylaw Services division or his/her designate or successor; (e) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or successor thereto; (f) "Noise" means a sound that a person finds disturbing to their peace, rest, enjoyment, comfort or convenience; (g) "Officer" means a person appointed by the Town as a Municipal Law Enforcement Officer and any police officer; (h) "Person" includes an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative; (i) "Residential Abutting" means any property or business that is located adjacent to a property that is zoned as a Residential Zone, as identified in section 2.1 of the Zoning By-law; (j) "Residential Renovation" means any Construction on a property that is zoned as residential or on a property that permits residential use under the Zoning By-law that is conducted by: (i) a property owner on his or her own property, or Page 43 of 123 Attachment #1 (ii) an occupant or tenant on a property on which they ordinarily reside, but shall not include any Construction by a person hired by the property owner; (k) "Town" means The Corporation of the Town of Aurora and/or the geographical limits of the Town of Aurora, depending on the context of the provision in which the term appears; (l) "Waste" means any discarded or unwanted material including, but not limited to, garbage, recyclable material, debris, refuse, compostable material, excrement, ashes, packing material, cans, bottles, mechanical equipment, cardboard, grass clippings, tree branches, or leaves; (m) “Zoning By-law” means the Zoning By-law of the Town of Aurora as amended or successor legislation thereto. 2. Prohibitions 2.1. No person shall make, emit, cause, or permit any repetitive noise if the noise is audible at the point of reception. 2.2. Notwithstanding Section 2.1, the prohibition set out in Section 2.1 does not apply to: (a) noise resulting from Construction activity, (b) noise resulting from Residential Renovation, and (c) noise resulting from collection, disposal or emptying of Waste using mechanical means. 2.3. No person shall make, emit, cause or permit any noise resulting from any Construction activity that is audible at a point of reception during the following times: (a) on any statutory holiday, (b) from 8:00 p.m. to 7:00 a.m. the following day, Monday to Friday, (c) from 8:00 p.m. on Friday to 9:00 a.m. on Saturday, and (d) From 5:00 p.m. on Saturday to 7:00 a.m. on Monday. Page 44 of 123 Attachment #1 2.4. No person shall make, emit, cause or permit any noise resulting from any Residential Renovation activity that is audible at a point of reception during the following times: (a) from 9:00 p.m. to 7:00 a.m. the following day, Monday to Saturday, and (b) from 8:00 p.m. on Saturday to 9:00 a.m. on Sunday, and (c) from 5:00 p.m. on Sunday to 7:00 a.m. on Monday. 2.5. No person shall make, emit, cause or permit any noise resulting from the collection, disposal or emptying of Waste using mechanical means from any Residential Abutting property during the following times: (a) from 11:00 p.m. to 5:00 a.m. the following day. 3. Exemptions 3.1. Despite any other provisions of this by-law, it shall be lawful to make, emit, cause or permit the emission of sound as a result of or as part conducting the activities listed in Schedule "A". 3.2. Any person may apply for an exemption permit from the noise limitation provision in Section 2.2 in connection with Construction activities by submitting an application to the Manager. The form, content, terms, conditions and requirements of the application for the exemption shall be as prescribed by the Manager from time to time and the Manager may, without limiting the Manager’s authority to prescribe the application and its form, content, terms, conditions and requirements, require as part of an application: (a) description of the construction activity that the applicant wishes to have exempted; (b) description of the time(s) and location(s) for which the exemption is being sought; (c) the name, address and telephone number of the applicant; (d) explanation of why the exemption is being sought; and (e) application fee as outlined in the Town’s Fees and Charges By-Law. Page 45 of 123 Attachment #1 3.3. Upon receipt of an application for a noise exemption under Section 3.2 and any applicable fees, the Manager shall make investigations as necessary to assess the application and consider the evaluation criteria outlined herein, including the consideration of any submissions from neighbouring property owners or occupants, and may: (a) issue a noise exemption permit after receipt of a complete application; (b) in the case of an approved application for a noise exemption, impose such terms and conditions on the permit as deemed appropriate by the Manager: (i) for the protection of any public infrastructure and property abutting the area subject to the permit, (ii) for the protection of health, safety and well-being of persons and the environment, (iii) for the purposes of ensuring that areas and persons affected by the exemption are kept informed with respect to activities subject to the exemption; (iv) for the purposes of administration of the permit and the operations of the Town, (v) for the purposes of protecting the Town interests with respect to any risks associated with the activities pursuant to the permit, and (vi) to satisfy any requirements of this by-law or any other applicable legislation. (c) refuse to issue a noise exemption permit if: (i) the application is not completed, all the information as required under this by-law is not provided or the application does not meet all the requirements of this by-law, (ii) in the opinion of the Manager, based on the evaluation criteria set out in this by-law, the noise exemption is unwarranted or not in the public interest, or (iii) the required fees are not provided. 3.4. As part of reviewing and evaluating any application for a noise exemption, the Manager shall consider: Page 46 of 123 Attachment #1 (a) the necessity for the noise exemption and any undue hardship and difficulty for the applicant if such exemption is not provided; (b) any negative impact, including on the health, welfare and safety, on any persons that may be affected by the noise exemption. 3.5. Any decision of the Manager pursuant to this Section shall be final without a right to appeal to the Council. 4. Administration and Enforcement 4.1. The Director and the Manager shall be responsible for and are delegated the power to administer and enforce this by-law, including prescribing the content of any forms or other documents required under this by-law. 4.2. The Manager shall be responsible for and is delegated the power to issue, revoke, suspend, set conditions of, process and administer noise exemption permits and any related applications. 4.3. The Director, the Manager and Officers are hereby delegated the authority to enforce this by-law, including the authority to conduct inspections pursuant to this by-law, the Municipal Act, as amended, and any other applicable by-law or legislation. 4.4. The Director is authorized to delegate responsibilities for the administration and enforcement of this by-law to any Town staff or external third parties deemed to be qualified and appropriate by the Director for such purposes. 5. Power of Entry, Inspection, Prohibitions 5.1 A Municipal Law Enforcement Officer, or any other individual authorized to enforce this by-law on behalf of the Town, may at any reasonable time enter upon any land for the purpose of carrying out an inspection to determine whether the following are being complied with: (a) this by-law; (b) any permit issued pursuant to this by-law, (c) any direction or order under this by-law; (d) an order issued under section 431 of the Municipal Act. 5.2 Where an inspection is conducted pursuant to this section, a Municipal Law Enforcement Officer or any other individual authorized to enforce this by-law on behalf of the Town, may: Page 47 of 123 Attachment #1 (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection. 5.3 No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its employees, officers or agents from carrying out any powers or duties under this by-law. 5.4 No Person shall fail to comply with, or contravene, any order or direction issued by the Town pursuant to this by-law or the Municipal Act. 5.5 Where an Officer, or an individual authorized to enforce this by-law, has reasonable grounds to believe that an offence has been committed by any Person, they may require the name, address and proof of identity of that Person, and the Person shall supply the required information. 5.6 No Person shall decline or neglect to give, produce or deliver any information, document or other thing that is requested by the Town pursuant to this by-law. 5.7 No Person shall knowingly make, participate in, assent to or acquiesce in the provision of false information in a statement, affidavit, application or other document prepared, submitted or filed under this by-law. 6. Orders 6.1 Where the Manager or any Municipal Law Enforcement Officer is satisfied that a contravention of this by-law has occurred, such Manager or Municipal Law Enforcement Officer may make an order requiring that the person who caused or permitted such contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity and/or to do work to correct the contravention. 6.2 An order pursuant to this section shall set out the following: Page 48 of 123 Attachment #1 (a) reasonable particulars identifying the location of the land on which the contravention occurred; (b) reasonable particulars of the contravention; (c) what is required of the Person subject to the order (i.e., what activity is to be seized and/or actions or work to be done); (d) the date by which there must be compliance with the order and/or, if any work is ordered, the date by which any such work must be done; and (e) information regarding the Town's contact person. 6.3 An order pursuant to this Section shall be deemed to have been received upon: (a) personal service of the order on the Person subject to the order; (b) one day after transmission of the order through electronic means to an email or social media address provided by the Person subject to the order; (c) one day after posting the order in a conspicuous location on the property subject to the order; (d) the fifth (5th) day after the order is sent by registered mail to the last known address of the Person who is subject to the order. 6.4 In the case where there is evidence that the occupant of the land subject to an order is not the registered property owner, such order shall be served on both the registered property owner and the occupant of the land. 7. Remedial Action and Cost Recovery 7.1 Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any Person within a specified time period, in default of it being done by the Person directed or required to do it, the action may be taken under the direction of the Director or an Officer at that Person’s expense and the Town may recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes. 7.2 For the purposes of taking remedial action under this Section, the Town, its staff and/or its agents may enter, at any reasonable time, upon any lands on which a default to carry out a required thing or matter occurred. Page 49 of 123 Attachment #1 8. Offences and Penalties 8.1 Every Person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 8.2 Every Person who contravenes any order issued pursuant to this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 8.3 If a corporation has contravened a provision of this by-law, including an order issued under this by-law, every director and officer who knowingly concurred in such a contravention is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 8.4 Pursuant to Subsection 429(2) of the Act, all contraventions of this by-law or orders issued under this by-law are designated as continuing offences. If a contravention of any provision of this by-law has not been corrected, or an order issued under this by-law has not been complied with, the contravention of such a provision or an order shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected or an order not complied with. 8.5 In addition to fines under this Section, a Person convicted of an offence under this by-law may be liable to a special fine in the amount of the economic advantage or gain that such a Person obtained from the contravention of this by-law. 8.6 Where a Person is convicted of an offence under this by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the Person convicted. 9. Administrative Penalties 9.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, for a breach of any provision of this by-law, an individual authorized to enforce this by-law on behalf of the Town may issue an administrative penalty to the Person who has contravened this by-law. Page 50 of 123 Attachment #1 9.2 Individuals authorized to enforce this by-law on behalf of the Town have the discretion to either proceed by way of an administrative penalty or a charge laid under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative penalty is issued to a Person for the breach, no charge shall be laid against that same Person for the same breach. 9.3 The amount of the administrative penalty for a breach of a provision of this by-law, shall be as established pursuant to applicable Town by-laws. 9.4 A Person who is issued an administrative penalty shall be subject to the procedures as provided for in the applicable Town by-laws relating to administrative penalties. 9.5 An administrative penalty imposed on a Person pursuant to this by-law that is not paid within fifteen (15) days after the day it becomes due and payable, constitutes a debt of the Person to the Town and may be added to a municipal tax roll and collected in the same manner as municipal taxes. 10. Presumption 10.1 An Owner of a property on which a non-compliance or contravention has occurred shall be presumed to have carried out or caused or permitted to be carried out the non-compliance or contravention, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 11. Severability 11.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid or to be of no force and effect, it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable, and such a decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this by-law. 12. Repeal 12.1 By-laws Number 4787.06.P as amended, are hereby repealed. 13. Effective Date Page 51 of 123 Attachment #1 13.1 This by-law comes into full force and effect on the date of final passage hereof. Enacted by Town of Aurora Council this (date) day of (month), 2021. ___________________________________ Tom Mrakas, Mayor ___________________________________ Michael de Rond, Town Clerk Page 52 of 123 Attachment #1 Schedule "A" To By-law Number XXXX-21 Exempted Activities 1. Operation of emergency vehicles by police services, fire and paramedic services. 2. Any special event that is specifically approved by the Town, only to the extent of the authority for such event. 3. Any activities or operations undertaken by the Town. 4. Any Construction, rehabilitation or maintenance work conducted by the Province of Ontario, the Government of Canada and any of its agencies or agents including the operation of motor vehicles and equipment actually engaged in the work. 5. Any Construction, rehabilitation or maintenance work conducted by The Regional Municipality of York, the Lake Simcoe Region Conservation Authority, the Toronto and Region Conservation Authority, or any utility company, provided that reasonable prior notice of such activity is provided to Town. 6. Measures undertaken for the immediate health, safety or welfare of persons under emergency circumstances. 7. Operation of farm equipment or machinery for cultivating, seeding, crop maintenance, or harvesting on any lands on which agricultural use is permitted pursuant to the Zoning By-law. 8. Operation of bells, chimes, carillons and clocks in any building dedicated to religious worship, including a church, synagogue, temple, mosque, monastery or convent, between the hours of 7 a.m. to 10 p.m. of any day. 9. Operation of bells, chimes, carillons and clocks in any school when the school is open and in operation for students. 10. Operation of any transit vehicles, trains or equipment that is operated by any public transit authority, public government body, railroad authority or any agency of the aforementioned. 11. Operation of bells or horns utilized as traffic control devices, including the following: Page 53 of 123 Attachment #1 (a) bells and other audible devices at traffic signal locations; and (b) bells and horns associated with railway crossings. 12. Snow removal activities that are necessary to render safe and/or operational any property on which a business, a school or a residential condominium is located. For clarity, this exemption does not extend to maintenance, staging and preparation of equipment that is used as part of such snow removal activities, unless such maintenance, staging or preparation is part of the snow removal activity and is conducted on, or in the immediate vicinity, of the property subject to the snow removal. Page 54 of 123 1 The data provided in this document outlines information collected on PlaceSpeak during the Town’s Noise By-law public consultation. The consultation occurred in March 2020 for a period of 30 days, received 516 views, and 31 comments from 76 participants. An in person consultation was initially scheduled, however due to restrictions resulting from the COVID-19 Pandemic the event was cancelled. This data is intended to assist staff in developing a modernized Noise By-law that encompasses a wide range of community concerns. Question 1: Do you believe that violations of the Noise By-law during the last 2 years have? Question 2: Do you believe the current Noise By-law is: 60%22% 17% 1% Increased Stayed the Same Unsure Decreased 61%15% 12% 12% Not Strong Enough Unsure Just Right Too Strong Attachment #2Public Consultation Results Page 55 of 123 2 Question 3: Which of the following categories do you best identify as? Question 4: Which type of noise concerns do you frequently experience? 92% 6%2% Homeowner Business Owner Prefer not to disclose Institution 44% 27% 16% 7% 6% Domestic Noise Dogs Barking Construction Noise Delivieries & Pickup Commerical Noise Page 56 of 123 3 Question 5: Should the Town permit early morning deliveries and pickups in Commercial, Promenade, and Industrial Zones to reduce large vehicles on our roadways and help cutback daytime idling and congestion? Question 6: If a new by-law were to be implemented, do you believe it should be? 74% 26% Yes No 58%27% 13% 2% More Restrictive About the Same Less Restrictive Unsure Page 57 of 123 4 Question 7: Should the Town consider a Noise Exemption process for special events (Ex. Weddings, Parades, and Birthday Parties)? Question 8: Should the Town consider Noise Exemption requests for Construction Activities? 56% 25% 19% Yes No Unsure 67% 24% 9% No Yes Unsure Page 58 of 123 5 Question 9: Should residents be allowed to do exterior work on their own properties on the weekend? 75% 13% 12% Yes No Unsure Page 59 of 123 Attachment #3 Summary of Changes As part of a comprehensive review process, the proposed Noise By-law was developed from the ground up. As a result, there are no track changes to reference the existing by-law. Below outlines a summary of the changes. 1. Noise Exemption Permit – Construction projects may apply for relief for work that meets the criteria established in Section 3 of the proposed by-law. The exemption process will provide authority to the Manager of Bylaw Services to make this decision. 2. Residential Renovations – The current Noise By-law prohibits any noise associated with home renovations/repairs on a Sunday. The proposed by-law will allow residents to work on their decks, paint windows, and complete other household tasks on Sunday’s between the hours of 9AM-5PM. 3. Solid Waste Collection – In an attempt to reduce traffic on Town roadways and reduce greenhouse gas emissions from large trucks idling, the proposed Noise By-law allows for Solid Waste collection between 5AM-11PM in areas that are not zoned residential or directly abut a residential area. 4. Administrative Monetary Penalties – The proposed by-law includes provisions for the Administrative Monetary Penalty System (AMPS). Once fully implemented, the AMPS system will allow the Town to administer our own fines and adjudication, while increasing revenue and efficiencies. 5. Definitions – The proposed Noise By-law has received many updates to the definitions section. Various definitions have been added, deleted, or updated to reflect changes in other forms of legislation and to support modernization. Page 60 of 123 Noise Bylaw Review Survey SURVEY RESPONSE REPORT 04 June 2020 - 18 July 2021 PROJECT NAME: Noise Bylaw Review Attachment #4 Page 61 of 123 SURVEY QUESTIONS Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 1 of 23 Page 62 of 123 Q1 Describe your place of residence Q2 What Ward do you or your business reside in the Town of Aurora?Click on the link to view Aurora's Ward Map 74 (88.1%) 74 (88.1%) 5 (6.0%) 5 (6.0%) 3 (3.6%) 3 (3.6%) 2 (2.4%) 2 (2.4%) 0 (0.0%) 0 (0.0%) Detached single family Multiple unit or semi-detached Apartment Other (please specify)Assisted Living Question options 25 50 75 100 27 (32.1%) 27 (32.1%) 16 (19.0%) 16 (19.0%)20 (23.8%) 20 (23.8%) 1 (1.2%) 1 (1.2%) 16 (19.0%) 16 (19.0%) 4 (4.8%) 4 (4.8%) Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Question options 10 20 30 Mandatory Question (84 response(s)) Question type: Checkbox Question Mandatory Question (84 response(s)) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 2 of 23 Page 63 of 123 Q3 What best describes your work lifestyle Pre-COVID? Q4 Do you believe there is a problem with noise in your area? 33 (39.3%) 33 (39.3%) 5 (6.0%) 5 (6.0%) 21 (25.0%) 21 (25.0%)26 (31.0%) 26 (31.0%) 20 (23.8%) 20 (23.8%) 2 (2.4%) 2 (2.4%) 0 (0.0%) 0 (0.0%) Work – Days Work – Shifts Work away from home/at office Work from home Retired Other (please specify)Student Question options 10 20 30 40 60 (71.4%) 60 (71.4%) 18 (21.4%) 18 (21.4%) 6 (7.1%) 6 (7.1%) Yes No Unsure Question options 20 40 60 80 Mandatory Question (84 response(s)) Question type: Checkbox Question Mandatory Question (84 response(s)) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 3 of 23 Page 64 of 123 Q5 Have you ever made a complaint about noise? 34 (40.5%) 34 (40.5%) 50 (59.5%) 50 (59.5%) Yes No Question options 20 40 60 Mandatory Question (84 response(s)) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 4 of 23 Page 65 of 123 Q6 If you have made a complaint about noise, what type of noise did you report? Choose all that apply 9 (26.5%) 9 (26.5%) 9 (26.5%) 9 (26.5%) 1 (2.9%) 1 (2.9%) 4 (11.8%) 4 (11.8%) 2 (5.9%) 2 (5.9%) 5 (14.7%) 5 (14.7%) 2 (5.9%) 2 (5.9%) 4 (11.8%) 4 (11.8%) 4 (11.8%) 4 (11.8%) 1 (2.9%) 1 (2.9%) 1 (2.9%) 1 (2.9%) 2 (5.9%) 2 (5.9%) 7 (20.6%) 7 (20.6%) 1 (2.9%) 1 (2.9%) 7 (20.6%) 7 (20.6%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) Music, television or loud voices at a residence Parties at a residence Excessive noise between attached/semi-detached dwelling units Residential power tools (e.g. lawn mower, snow blower, leaf blower, saw) Residential equipment (e.g. pool pumps, air conditioners)Residential construction/renovations Vehicle/mechanical repairs Barking dog Music or loud voices at a bar or restaurant Commercial/industrial/road construction Snow plowing roads or street sweeping roads Commercial truck deliveries and commercial waste removal activities Industrial noise and associated equipment Railway Other (please specify)Motorcycle, dirt bike, ATV, snowmobile, no muffler Alarm (car, house or emergency vehicle siren) Music or loud voices at a concert Question options 1 2 3 4 5 6 7 8 9 10 Optional question (34 response(s), 50 skipped) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 5 of 23 Page 66 of 123 Q7 If you have made complaint(s) about noise in the past, were you satisfied with the action taken to resolve the complaint? 13 (38.2%) 13 (38.2%) 22 (64.7%) 22 (64.7%) Yes No Question options 10 20 30 Optional question (34 response(s), 50 skipped) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 6 of 23 Page 67 of 123 Q8 If you have NOT made an official complaint about noise, what type of noise in your opinion most often disturbs your residen... 13 (27.1%) 13 (27.1%) 13 (27.1%) 13 (27.1%) 1 (2.1%) 1 (2.1%) 17 (35.4%) 17 (35.4%) 3 (6.3%) 3 (6.3%) 16 (33.3%) 16 (33.3%) 6 (12.5%) 6 (12.5%) 13 (27.1%) 13 (27.1%) 16 (33.3%) 16 (33.3%) 4 (8.3%) 4 (8.3%) 1 (2.1%) 1 (2.1%) 1 (2.1%) 1 (2.1%) 3 (6.3%) 3 (6.3%)4 (8.3%) 4 (8.3%) 4 (8.3%) 4 (8.3%) 3 (6.3%) 3 (6.3%) 6 (12.5%) 6 (12.5%) Music, television or loud voices at a residence Parties at a residence Excessive noise between attached/semi-detached dwelling units Residential power tools (e.g. lawn mower, snow blower, leaf blower, saw) Residential equipment (e.g. pool pumps, air conditioners)Residential construction/renovations Vehicle/mechanical repairs Barking dog Motorcycle, dirt bike, ATV, snowmobile, no muffler Alarm (car, house or emergency vehicle siren)Music or loud voices at a bar or restaurant Music or loud voices at a concert Commercial/industrial/road construction Snow plowing roads or street sweeping roads Commercial truck deliveries and commercial waste removal activities Industrial noise and associated equipment Railway Question options 2 4 6 8 10 12 14 16 18 Optional question (48 response(s), 36 skipped) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 7 of 23 Page 68 of 123 Q9 How does noise affect you? Choose all that apply. Q10 Do you believe the current Noise Bylaw should be updated? 4 (4.8%) 4 (4.8%) 64 (76.2%) 64 (76.2%) 16 (19.0%) 16 (19.0%) 6 (7.1%) 6 (7.1%) 41 (48.8%) 41 (48.8%) 35 (41.7%) 35 (41.7%) 15 (17.9%) 15 (17.9%) No disturbance – you can tolerate it General disturbance – irritation Headache Hypertension Loss of Sleep Stress Other (please specify) Question options 25 50 75 76 (90.5%) 76 (90.5%) 9 (10.7%) 9 (10.7%) Yes No Question options 25 50 75 100 Mandatory Question (84 response(s)) Question type: Checkbox Question Mandatory Question (84 response(s)) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 8 of 23 Page 69 of 123 Q11 Looking at the proposed changes to the Noise Bylaw, do you feel this bylaw will help combat noise pollution in Aurora? Q12 Are you in favour of the proposed bylaw allowing allow residents to work on their decks, paint windows, and complete other ... 36 (42.9%) 36 (42.9%) 48 (57.1%) 48 (57.1%) Yes No Question options 20 40 60 61 (72.6%) 61 (72.6%) 23 (27.4%) 23 (27.4%) Yes No Question options 20 40 60 80 Mandatory Question (84 response(s)) Question type: Checkbox Question Mandatory Question (84 response(s)) Question type: Checkbox Question Noise Bylaw Review Survey : Survey Report for 04 June 2020 to 18 July 2021 Page 9 of 23 Page 70 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 2 1 -0 91 Subject: Request for a Parking By-law Amendment on Benville Crescent Prepared by: Michael Bat, Traffic/Transportation Analyst Department: Planning and Development Services Date: September 7, 2021 Recommendation 1. That Report No. PDS21-091 be received; and 2. That a by-law to amend Parking By-law No. 4574-04.T be enacted to prohibit parking at any time on the north-east side of Benville Crescent from Bayview Avenue to a point nine metres north of the end of curb return adjacent to #87 Benville Crescent. Executive Summary A petition was submitted by area residents on May 26, 2021, with a request to consider implementing on-street parking restrictions on both sides of Benville Crescent from Bayview Avenue to the end of the angle bend due to safety related concerns.  The existing road conditions of Benville Crescent are generally consistent with the Town’s design standards for a local public road;  Pre-policy road conditions are grandfathered unless issues are identified;  The residents of Benville Crescent are generally supportive of implementing on- street parking restrictions for both sides of the street from Bayview Avenue to the end of the angle bend;  On-street parking is currently permitted on both sides of Benville Crescent which reduces the pavement width required to accommodate two-way traffic from Bayview Avenue to the end of the angle bend. Page 71 of 123 September 7, 2021 2 of 6 Report No. PDS21-091 Background Under existing parking allowance conditions, vehicles are permitted to park on both sides of Benville Crescent. As a result, the following general concerns were raised by area residents:  Impact on two-way traffic flows resulting from visitor parking their vehicles on Benville Crescent to access Evans Park and the Holland River Valley trail;  Reduce maneuvering area particularly when exiting private property onto Benville Crescent; and,  Concerns with accessibility for emergency response vehicles. In response, Town staff investigated Benville Crescent with regards to potential conflicts and safety concerns resulting from existing on-street parking conditions. The subject location is illustrated in Figure 1. Analysis The existing road conditions of Benville Crescent are generally consistent with the Town’s design standards for a local public road Benville Crescent: is a two-lane local road with single lane per travel direction. It has a semi-urban cross-section with paved shoulders on both sides of the road and no sidewalks. The existing pavement is measured 7.0 metres wide with a 23.5 metre ROW width. In accordance to the Town Parking By-law No. 4574-04.T the posted speed limit is 40 km/h. Pre-policy road conditions are grandfathered unless issues are identified The Town’s parking policy is applicable to any new roads that were in the approval process at the time or after the policy was adopted. Retroactive application is only considered when an issue is identified or raised by the community as is permitted by the policy. The received requests are sufficient to respond to the proposed amendments and is aligned with the policy. Page 72 of 123 September 7, 2021 3 of 6 Report No. PDS21-091 The residents of Benville Crescent are generally supportive of implementing on-street parking restrictions for both sides of the street from Bayview Avenue to the end of the angle bend The Town received a signed petition on May 26, 2021 from residents on Benville Crescent requesting on-street parking restrictions be implemented from Bayview Avenue to the end of the angle bend. The results are summarized below:  There are 41 households on Benville Crescent; and,  30 households (or approximately 73%) signed the petition in favour of the petition. On-street parking is currently permitted on both sides of Benville Crescent which reduces the pavement width required to accommodate two-way traffic from Bayview Avenue to the end of the angle bend Analysis was undertaken by Town staff to review the potential impact on two-way traffic flows resulting from parked vehicle(s) fronting both sides of Benville Crescent from Bayview Avenue to the end of the angle bend. The existing pavement width on Benville Crescent is measured at 7.0 metres wide plus 1.5 metres of paved shoulders on both sides of the road. A standard passenger vehicle has an assumed width of 2.0 metres as per the ‘Geometric Design Guide for Canadian Roads’ published by the Transportation Association of Canada, plus approximately 0.5 metres of clearance area. Table 1 summarizes the impact of two-way traffic operations under existing and recommended parking allowance conditions. Table 1: Benville Crescent Two-Way Traffic Flow Review On-Street Parking Allowance Pavement Width Two-Way Traffic Available Effective Preferred Yes / No Single Side (Recommenced) 7.0 metres plus 1.5 metres paved shoulder on both sides Approx. 6.0 metres Approx. 6.0 metres Yes Both Sides (Existing) Approx. 5.0 metres No Under existing parking allowance conditions (permitted on both sides), unimpeded two- way traffic flows cannot be achieved based on the current pavement width. The cause of this appears to be a result of a high number of visitors parking their vehicles on both sides of Benville Crescent to access Evans Park and the entrance to the Holland River Valley trail during the pandemic. Page 73 of 123 September 7, 2021 4 of 6 Report No. PDS21-091 Given the above, staff are recommending that parking be restricted on the north-east side of Benville Crescent from Bayview Avenue to a point nine metres north of the end of curb return adjacent to house #87, in order to ensure unaffected two-way traffic flows and emergency response vehicle access. The north-east side was selected because the inside radius of the angle bend is located fronting the north-east side of the street. Prohibiting parking on this side of Benville Crescent will protect vehicle and pedestrian sightlines. In addition, with the entrance to Evans Park and the trail located on the south side of the street, permitting parking on the south west side will minimize the need for crossing Benville Crescent in order to access the park and trail entrance. As a result of the recommended parking restrictions, an estimated 10 existing on-street parking spaces will be eliminated. It should be noted that the majority of homes on the street have two car garages and deep driveways with no sidewalks on either side of the road. In addition, Town staff contacted CYFS for comment from an accessibility perspective, however, their input has not been received at the time of writing this report. Advisory Committee Review Not applicable. Legal Considerations None. Financial Implications The estimated cost for the installation of the “No Parking” signs is $500 to be funded from the Operations Services Department’s existing 2021 operating budget. Communications Considerations The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There are five different levels of community engagement to consider, with each level providing the community more involvement in the decision-making process. These levels are: Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in the Community Engagement Policy. These options are based on the International Page 74 of 123 September 7, 2021 5 of 6 Report No. PDS21-091 Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines for clearly communicating with our public and managing community engagement. In order to inform the public, this report will be posted to the Town’s website. The area residents were notified by mail on August 16, 2021 that this staff report is to be presented to the General Committee meeting of September 7, 2021. Link to Strategic Plan This report supports the Strategic Plan goal of Support an Exceptional Quality of Life for All by examining traffic patterns and identify potential solutions to improve movement and safety at key intersections in the community. Alternative(s) to the Recommendation 1. That a by-law to amend Parking By-law No. 4574-04.T be enacted to prohibit parking at any time on both sides of Benville Crescent from the south entrance to Bayview Avenue to a point nine metres north of the end of curb return adjacent to #87 Benville Crescent. 2. That staff monitor the on-street parking activity on Benville Crescent around Evans Park and report back to a future General Committee meeting with the results and recommendations before the end of 2021. Conclusions The Town received a signed petition on May 26, 2021 from residents on Benville Crescent requesting for the implementation of on-street parking restrictions for both side of the street from the south entrance of Bayview Avenue to the end of the angle bend in the road. Based on the analysis presented herein, vehicle accessibility is effectively impacted when vehicles are parked along both sides of Benville Crescent largely due to visitors accessing the park and trail entrance during the pandemic. Therefore, staff are recommending that the Town’s Parking By-law be amended to prohibit parking at any time on the north-east side of Benville Crescent from Bayview Avenue to a point nine metres north of the end of curb return adjacent to house #87. As a result of the recommended parking restrictions, an estimated 10 on-street parking spaces will be eliminated. Page 75 of 123 September 7, 2021 6 of 6 Report No. PDS21-091 Attachments Figure 1: Location Map Previous Reports None Pre-submission Review Agenda Management Team review on August 19, 2021 Approvals Approved by David Waters, MCIP, RPP, PLE, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 76 of 123 Carisbrooke Cir c l e BAYVIEW AVENUEBenville CrescentCrossing Bridge Place Proposed Parking By-law Amendment on Benville Crescent Map created by the Town of Aurora Corporate Services Department - IT Division, August 13th, 2021. Base data provided by York Region and Aurora - GIS. Air Photos taken Spring 2020, © First Base Solutions Inc., 2020 Orthophotography. This is not a legal survey. ¯ 02550 MetresHwy 404Bathurst StYonge StLeslie StLeslie StHwy 404St John's Sdrd Wellington St E Wellington St W Henderson Vandorf Sdrd SUBJECT AREA )Dr BayviewBloomington Rd AveBayviewAveTOWN OF NEWMARKET CITY OF RICHMOND HILL TOWN OF WHITCHURCH-STOUFFVILLETOWNSHIP OF KINGPDS21-091 Figure #1 LOCATION MAP Subject Location Page 77 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 21-0 98 Subject: Incorporating a Climate Lens in Town Governance and Operations Prepared by: Natalie Kehle, Energy and Climate Change Analyst Department: Planning and Development Services Date: September 7, 2021 Recommendation 1. That Report No. PDS21-098 be received; and 2. That climate change considerations be incorporated into staff reports starting in January 2022; and 3. That climate change considerations be incorporated as part of the 2023 budget approval process. Executive Summary A number of municipalities across Canada have declared climate emergencies. A key component of these declarations is the inclusion of climate considerations in all aspects of municipal decision-making. Incorporating a climate lens functions to mainstream climate change as a municipal priority into programming and decisions, facilitate interdepartmental engagement, and increase transparency of municipal decision-making.  Adding climate considerations to staff reports and the budget approval process supports municipal decision-making.  Upon completion of the Town’s Climate Change Adaptation Plan, a holistic climate lens approach will be available for all Town projects that covers both greenhouse gas emission mitigation and climate change adaptation.  The procurement modernization project will support climate change objectives through changes to the Town’s procurement by-law and processes. Page 78 of 123 September 7, 2021 2 of 9 Report No. PDS21-098 Background At the March 2021 Council meeting, a Climate Lens motion was adopted which directs staff to investigate ways to include a climate lens approach in Town operations and governance to better understand the environmental impacts and achievements. To provide sufficient time to consult with the ELT and the Environmental Advisory Committee, the timing of the staff report was moved back to September rather than June 2021. A climate lens is the consideration of greenhouse gas mitigation and climate change adaptation in decision-making. A climate lens can be applied at the project, program or initiative-level. Clean Air Partnership’s Municipal Climate Lens Tool To respond to the need for integrating a climate lens in Municipal decision-making, the Municipal Climate Lens Tool was developed by Clean Air Partnership in conjunction with Partners for Climate Protection (PCP) municipalities. This tool provides a mechanism to analyze the relationship between a decision and climate change. It provides a preliminary, qualitative understanding of whether a municipal decision will affect climate (through the production of greenhouse gases) or be affected by climate (through extreme temperatures or precipitation). Results are high-level probabilities designed to foster multi-departmental dialogue. Municipalities decide the scope of decisions that it should be applied to and how to enforce its use. It is a free web-based survey tool that provides high level results. For every decision, basic information is entered, then a series of questions are asked relating to how the decision can affect (or be affected by) climate. Infrastructure Canada’s Climate Lens The Climate Lens is a project assessment consistent with ISO 14064 Part Two and with ISO 31000 Risk Management Standards. The project assessment is a requirement for municipalities to access funding from Infrastructure Canada's Investing in Canada Infrastructure Program (ICIP), Disaster Mitigation and Adaptation Fund (DMAF) and Smart Cities Challenge. It has two components: the GHG mitigation assessment, which measures the anticipated GHG emissions impact of an infrastructure project, and the climate change resilience assessment, which employs a risk management approach to anticipate, prevent, withstand, respond to, and recover and adapt from climate change related disruptions or impacts. Page 79 of 123 September 7, 2021 3 of 9 Report No. PDS21-098 The Climate Lens provides insight into the climate impacts of individual projects, encourage improved choices by project planners. The Climate Lens is intended to incent behavioral change and consideration of climate impacts into the planning of infrastructure projects. By systematically evaluating each project's GHG emissions and or resilience to the impacts of climate change, project planners will become increasingly familiar with key considerations, risks, and mitigation strategies, which will facilitate better decision making in both current and future infrastructure projects. Climate Emergency Motion At the October 2019 Council meeting, a Climate Emergency Motion was adopted, joining 457 Canadian municipalities. The declaration solidifies the Town’s commitments to implementing all the environmental plans completed or under development FCM Partners for Climate Protection (PCP) Council Resolution The Town joined the PCP program in 2018 and is looking to fulfil the programs five- milestone framework. The Milestones include: completing a greenhouse gas (GHG) emission inventory and forecast, setting a GHG reduction target, developing a local action plan, implementing the plan, and monitoring progress and reporting results. The Town recently completed Milestones 1-3 at the community-level and is working on Milestone 1-3 at the corporate-level. Milestones 4-5 are ongoing. Blue Dot Campaign Motion The Town joined the Blue Dot movement in 2016, which is a campaign based on the idea that everyone in Canada deserves the right to a healthy environment, including clean air and water, and a say in decisions that affect our health and well-being. Aurora’s Energy Conservation and Demand Management Plan (ECDMP) Council endorsed the five-year ECDMP in 2019, as per O. Reg. 507/18, and set a goal to reduce greenhouse gas emissions 16% of the 2018 baseline by the end of 2023 from Town operations (facilities, fleet and water/wastewater facilities). The ECDMP also fulfils the requirements from O. Reg. 588/17 where the municipality’s Strategic asset management policy to consider, as part of its asset management planning, mitigation approaches to climate change, such as greenhouse gas emission reduction goals and targets. Page 80 of 123 September 7, 2021 4 of 9 Report No. PDS21-098 Aurora’s Climate Change Adaptation Plan (CCAP) The CCAP had its project kickoff in March 2021, and will assess risks and vulnerabilities of a changing climate on the Town’s assets and will develop a mitigation plan to increase the Town’s resiliency, as per O. Reg. 588/17: Asset Management Planning for Municipal Infrastructure. Aurora’s Community Energy Plan (CEP) Council endorsed the CEP in January 2021 that set a goal of reducing greenhouse gas emissions by 80% from 2018 levels by 2050, where corporate targets will align with the CEP going forward. Corporate Environmental Action Plan (CEAP) Council endorsed the five-year CEAP in 2018 where staff are strongly encouraged to reference the relevant CEAP objectives in the Link to the Strategic Plan section of all Council reports. Analysis The following measures were identified as ways to incorporate a climate lens in Town operations and governance, in addition to the Town’s existing climate change plans. Adding climate considerations to staff reports and the budget approval process to support municipal decision-making. The inclusion of climate change considerations section in all staff reports and in the budget approval process raises will serve to increase awareness of the Town’s climate initiatives, help foster dialogue and awareness of climate change issues, and to incorporate climate considerations into the decision making process. Staff propose to add a new section to staff reports for Council starting in January 2022 as follows: Climate Change Considerations Staff reports to Council will describe how the subject matter is in support of any of the Council-approval plans listed below: - Corporate Environmental Action Plan - Energy Conservation and Demand Management Plan Page 81 of 123 September 7, 2021 5 of 9 Report No. PDS21-098 - Community Energy Plan - Green Fleet Action Plan - Comprehensive Stormwater Management Master Plan - Town of Aurora Stream Management Master Plan & Tannery Creek Flood Relief Study - LSRCA’s Adapting Forestry Programs for Climate Change - Urban Forest Study & Associated Forestry Policies - Once available: Climate Change Adaptation Plan, Active Transportation Master Plan, Green Development Standard - Other Council approved environmental plans as they arise. Staff will work with the Accessibility Advisor on an AODA compliant section for staff reports by January 2022 and will develop a staff training plan for completing this section of Council reports. The responsibility for drafting the climate lens section will be the individual department that is authoring the report. The Town’s Energy and Climate Change Analyst will be available to assist staff as required. Staff also propose to add a data element in the Town’s Detailed Capital Project Rationale template starting in the 2023 budget cycle for which the appropriate environmental considerations for the project is noted by staff, similar to the Council report section described above. The inclusion of climate change considerations section in all staff reports and into the Town’s Detailed Capital Project Rational template will raise awareness of the Town’s climate initiatives, help foster dialogue and awareness of climate change issues and incorporate climate considerations into the decision making process. Staff will work internally to align the climate change and environmental consideration initiative with any changes to the strategic planning linkages. Under the proposed Climate Change Considerations section in staff reports and under capital project planning, staff will:  Be responsible for reviewing and understanding the climate change objectives and initiatives that the Town has adopted;  Be responsible for completing the table within the Council report or within the capital project planning template;  Report writing staff will receive a training on the Town’s climate based master plans and initiatives; and  Staff can reach out to the Energy and Climate Change Analyst for additional support and report review. Page 82 of 123 September 7, 2021 6 of 9 Report No. PDS21-098 Upon completion of the Town’s Climate Change Adaptation Plan, a holistic climate lens approach will be possible for all Town infrastructure projects that covers both greenhouse gas emission mitigation and climate change adaptation. Staff are currently assessing climate impacts on all of the Town’s assets by identifying operations with the largest greenhouse gas emissions and identifying assets that could be vulnerable to a changing climate. Greenhouse gas emissions from Town assets are assessed every 5 years under the Energy Conservation and Demand Management Plan. Assets and operations with the most impacts on GHG emissions are governed by the ECDMP with reduction targets, strategies and a 5 year implementation plan. New projects that fall under this plan will be identified during the Town’s detailed capital project rationale (as per this report’s first recommendation). The Town’s Climate Change Adaptation Plan (CCAP), currently under development and planned for completion in July 2022, is assessing the other half of the climate lens piece; risks and vulnerabilities of the Town’s assets to a changing climate. The plan will identify and prioritize Town operations that are most vulnerable to a changing climate with a plan to increase resiliency. Based on the recommendations from the CCAP, new projects that fall under this plan will be identified during the Town’s detailed capital project rationale (as per this report’s first recommendation). Once the CCAP is completed and based on priorities set in the plan, staff can assess the applicability of climate lens tools like the Clean Air Partnership Municipal Climate Lens Tool and climate lens assessments for infrastructure projects, like he Infrastructure Canada’s climate lens assessments. The procurement modernization project will support climate change objectives through changes to the Town’s procurement by-law and processes The procurement modernization project will include a new by-law, bid templates, contracts and processes that will give consideration to green procurement and Aurora’s climate change objectives. As part of this review, staff will work with the consultant to address the following:  Ensuring bidders understand Aurora’s commitment mitigating climate change;  Consider how to evaluate procurements for long-term climate change impacts; and,  Guidance for developing procurement specifications which consider climate change impacts. Page 83 of 123 September 7, 2021 7 of 9 Report No. PDS21-098 The work on the procurement modernization project is underway. More information on how procurement processes and policies will support climate change will be included in the procurement modernization report expected to come to Council later this year. Advisory Committee Review Staff sought comments from the Environmental Advisory Committee in June 2021 by presenting an overview of the purpose of incorporating a climate lens in the Town operations and governance highlighting the existing climate change and environmental initiatives and the anticipated changes through incorporating a climate lens. Staff provided details on three proposed approaches of incorporating the climate lens: including climate change objectives in procurement documents, including climate considerations in staff reports and budget business cases, and consideration of Total Cost of Ownership and Lifecycle Cost in the procurement process. The Committee discussed the various aspects of the proposed approaches and was in agreement with the proposed approach. The Committee inquired if there will be minimum requirements to meet climate change objectives for procured or Town initiated projects, and staff provided clarification. The Committee further inquired about the implementation process and how the proposed objectives would be incorporated in procurement, budget, and staff documents. Staff indicated that the proposed approach offers checking climate change objectives at various stages of the project as the applicable climate objectives would be dependent on the project. The Committee further inquired about the opportunity for public participation throughout the implementation process, and staff noted that public participation would be dependent on the scope of the project with various opportunities available throughout the project. The Committee and staff further discussed about balancing cost effective climate solutions and achieving climate change objectives, and developing more insight on simple solutions. Legal Considerations The Town’s current Procurement By-law already contains wording stating that environmental protection is one of its objectives. In addition, the Procurement By-law also states that staff may request services and products that are environmentally preferred. Additional, or alternative, wording could be included in the Procurement By- Page 84 of 123 September 7, 2021 8 of 9 Report No. PDS21-098 law or other documents if deemed appropriate as a result of the procurement modernization project. Given that every procurement is different and the wide range of Town needs, statements in Town documents will need to be general in nature and avoid committing the Town to standards that may not be appropriate in every situation.. Financial Implications There are no direct financial implications arising from this report. Procurement comments are found on pages 6 and 7 under the heading “The procurement modernization project will support climate change objectives through changes to the Town’s Procurement By-law and processes.” Communications Considerations The Town will use “inform” as the level of engagement associated with this report. There have been ongoing communications related to the Town’s efforts to improve the environmental sustainability of its operations; this report and related lens will be promoted by way of placing this report on the Town’s website. It will be further promoted through the use of the lens in future Town documents and governance work. Link to Strategic Plan The Climate Lens aligns with Aurora’s Strategic Plan, which is based on the three pillars of sustainability – environment, community, economy – and establishes a vision for Aurora as “an innovative and sustainable community where neighbours care and businesses thrive”. The Climate Lens also aligns with the Strategic Plan’s objectives, including:  promoting and advancing green initiatives; and,  encouraging the stewardship of Aurora’s natural resources. The climate lens also aligns with the Town’s Corporate Environmental Plan (2018) where staff are strongly encouraged to reference the relevant CEAP objectives in the Link to the Strategic Plan section of all Council reports. Alternative(s) to the Recommendation 1. That Council provide direction. Page 85 of 123 September 7, 2021 9 of 9 Report No. PDS21-098 Conclusions This report presents an approach to Council for integrating climate lens considerations into Town governance and operations. The report provides background information on what is a climate lens and provides measures that the Town can incorporate into staff reports and existing processes. Attachments Attachment 1 - Aurora Climate Lens Motion Attachment 2 - Climate Emergency Motion Previous Reports None Pre-submission Review Agenda Management Team review on August 19, 2021 Approvals Approved by David Waters, MCIP, RPP, PLE, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 86 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Council Meeting Extract March 30, 2021 Page 1 of 2 _______________________________________________________________________________________ 9.Motions 9.2 Councillor Gilliland; Re: Climate Lens Main motion as amended Moved by Councillor Gilliland Seconded by Councillor Gallo Whereas the Town of Aurora declared a Climate Emergency for the purposes of naming and deepening our commitment by protecting human health, eco systems and infrastructure by identifying key criteria to help reduce our carbon footprint and protect our community from the impacts of climate change; and Whereas the Town of Aurora supports the Community Energy Plan, Corporate Environmental Action Plan, Energy Conservation and Demand plan, and other green initiatives; and Whereas the Town of Aurora has committed to create a Climate Action Plan for the Town of Aurora, focused on reducing emissions and adaptation at the community level; and Whereas staff are directed by Council to look for opportunities for economic growth, stimulation in the low-carbon economy, and cost benefits for all who consume energy; and Whereas other municipalities and levels of government are including a climate lens approach in their governance and operations, such as Halton Hills and Kingston; and Whereas Town operations and Council would benefit from incorporating a climate lens approach to better understand the environmental impacts and/or achievements made by Council decisions and over all operations; and Whereas a climate lens will help raise awareness amongst proponents of infrastructure systems to integrate climate change considerations into the Attachment 1 Page 87 of 123 Council Meeting Extract – Tuesday, March 30, 2021 Page 2 of 2 core of project planning and design phases, as well as a project’s long- term climate risk; 1. Now Therefore Be It Hereby Resolved That staff investigate ways to include a climate lens approach in Town operations and governance to better understand the environmental impacts and achievements; and 2. Be It Further Resolved That staff report back to a General Committee meeting in June 2021 regarding the findings. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) Page 88 of 123 Page 1 of 2 8.Motions (b)Councillor Gilliland Re: Declare Climate Emergency Moved by Councillor Gilliland Seconded by Councillor Humfryes Whereas at least 457 Canadian municipalities have declared a "climate emergency”—in Ontario this includes Kingston, Hamilton, Ottawa, Burlington, Halton Hills, Greater Sudbury, St. Catharines, London, Vaughan, Prince Edward County, King, and Toronto; and Whereas all of the cities who have declared climate change a state of emergency have established a goal of reducing Greenhouse Gases (GHG) by 80 per cent by 2050, per the Paris Accord; and Whereas there is an urgent need to have a transformative action plan to reduce GHG to limit global warming to 1.5 degrees to avoid catastrophic climate change; and Whereas climate change is currently affecting human habitats through rising sea levels and other extreme weather patterns; such as, hurricanes, intense heatwaves, frigid temperatures, ice storms, drought and flooding; and Whereas climate change is currently threatening the survival of many species and other natural environments worldwide, stressing local and worldwide eco systems; and Whereas climate change has a direct result of billions of dollars in property damage worldwide, negatively affecting local and global economies; and Whereas local governments around the world have recognized the extreme emergency that climate change embodies and have expedited their own actions, and have called on provincial and national governments to strengthen action on climate change; and Whereas the solutions for reducing GHG provides other positive impacts on health, social inequity and economy; Extract from Council Meeting of Tuesday, October 22, 2019 Attachment 2 Page 89 of 123 Council Extract – Tuesday, October 22, 2019 Page 2 of 2 1. Now Therefore Be It Hereby Resolved That the Town of Aurora officially “declare a climate emergency” for the purposes of naming and deepening our commitment to protecting our eco systems by identifying key criteria to help reduce our carbon footprint and protect our community from the impacts of climate change; and 2. Be It Further Resolved That staff be directed to prioritize the process of creating a Climate Action Plan, once the Region releases its climate action plan report, for the Town of Aurora focused on reducing emissions and adaptation at the community level; and 3. Be It Further Resolved That staff be directed to look for opportunities for economic growth, stimulation in the low-carbon economy, and cost benefits for all who consume energy; and 4. Be It Further Resolved That staff be directed to refer to other municipal and global initiatives and forums such as Global Covenant of Mayors for Climate and Energy and report to Council with more information; and 5. Be It Further Resolved That this resolution be forwarded to the Premier of Ontario and the Ministry of the Environment, Conservation and Parks. Carried Page 90 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. PDS 2 1 -083 Subject: Assessment of a Proposed Sidewalk on Metcalfe Street Between Aurora Town Square and Town Park Prepared by: Garry Anggawinata, Project Delivery Coordinator Department: Planning and Development Services Date: September 7, 2021 Recommendation 1. That Report No. PDS21-083 be received; and, 2. That the Town not proceed with the construction of a new sidewalk on the North side of Metcalfe Street, between Victoria Street and Wells Street. Executive Summary The purpose of this report is to provide information pertaining to the assessments completed for a proposed sidewalk along the north side of Metcalfe Street (from Victoria Street to Wells Street). As directed by Council at its meeting on March 23, 2021, Town Staff proceeded to complete the in-house design and assessment of a proposed sidewalk as the pedestrian connection between Aurora Town Square and Town Park. This report is also intended to provide recommendations based on the findings of the assessment.  Town staff consulted with its arborist consultant, Davey Resources Group, to conduct a site assessment and determine the feasibility of the sidewalk designs, potential impacts on the existing heritage trees within the project area, and provide their technical recommendations.  Staff is recommending against a sidewalk for the north side of Metcalfe Street (between Victoria Street and Wells Street) due to the presence of the existing heritage trees, which are susceptible to injury and long-term damage caused by disturbance from construction activities. Page 91 of 123 September 7, 2021 2 of 6 Report No. PDS21-083 Background During the General Committee Meeting on March 30, 2021, Council passed the following motion: 1. That Report No. PDS21-038 be received; 2. That a proposed sidewalk on the north side of Metcalfe Street, from Victoria Street to Wells Street, serve as the pedestrian connection between Aurora Town Square and Town Park; 3. That staff proceed with the in-house design of a sidewalk, including an arborist report, on the north side of Metcalfe Street from Victoria to Wells Street; and, 4. That staff report back on the findings to a future General Committee meeting prior to the project being included in the 2022 Capital Budget. Town Staff investigated the feasibility of constructing a sidewalk on Metcalfe Street between Victoria Street and Wells Street. The Town retained a certified Ontario Land Surveyor, J.D. Barnes Limited, to complete a detailed topographic survey of the subject site. The survey data collected was used for the preparation of two (2) proposed sidewalk designs. The sidewalk designs were prepared in-house by Town staff to examine the available options for a proposed sidewalk. These sidewalk design drawings are illustrated in Attachments No. 1 and 2. 1. Option 1 – Proposed 1.5m-wide sidewalk located 1.3m offset from the edge of curb along Metcalfe Street, approximately 160m in length between Victoria Street and Wells Street; 2. Option 2 – Proposed 2.0m-wide curb-faced sidewalk located directly adjacent to the edge of curb along Metcalfe Street, approximately 160m in length between Victoria Street and Wells Street. Upon completion of the sidewalk designs, the Town consulted Davey Tree Resource Group (the arborist consultant retained by the Town) to complete a site assessment and determine the feasibility of the proposed sidewalk designs, identify any potential risks and/or impacts to the existing heritage trees due to construction, and provide technical recommendations. An Arborist Report was submitted to the Town summarizing their findings, which is attached hereto as Attachment No. 3. Page 92 of 123 September 7, 2021 3 of 6 Report No. PDS21-083 Analysis Town staff consulted with its arborist consultant, Davey Resources Group Incorporated, to conduct a site assessment and determine the feasibility of the sidewalk designs, potential impacts on the existing heritage trees within the project area, and provide their technical recommendations. The potential implications associated with the construction of the sidewalk (for both Option 1 and Option 2) on the existing mature vegetation can be summarized as follows:  A moderate risk of adversely impacting the health and stability of existing heritage deciduous trees located at the West end of Metcalfe Street (near Victoria Street); and  A high risk of adversely impacting the health and stability of existing heritage coniferous trees located at the east end of Metcalfe Street (near Wells Street). The conclusions drawn from the arborist assessment includes the following:  Large historical Maple Trees were observed on the west end of Metcalfe Street (near Victoria Street), measuring approximately 1.0m in diameter at breast height (DBH). Smaller Maple Trees are also present, ranging from 0.30m to 0.50m DBH. Due to the close proximity of large heritage Maple Trees, it is recommended that any sidewalk construction take place as far away from them as possible. The accepted industry practice is to maintain a clearance of at least 3 times the tree diameter (in this case, it warrants a 3.0m clearance). It should be noted that for trees of this size, their root systems can extend up to 6.0m beyond the trunk. A curb-faced sidewalk (Option 2) would be preferred to maximize distance from the trees.  Numerous large historic Austrian Pine Trees were observed at the east end of Metcalfe Street (near Wells Street). The constraints for sidewalk construction in this area is significantly higher due to the high density of existing vegetation and heritage trees. Multiple lower branches will also require extensive pruning because they are encroaching within the construction zone, which may result in health decline and eventual death.  It should be noted that mature coniferous trees have more sensitive roots, making them especially susceptible to rot and decay if disturbed by construction Page 93 of 123 September 7, 2021 4 of 6 Report No. PDS21-083 activity. The construction of a proposed sidewalk is not considered feasible at the East end of Metcalfe Street (near Wells Street) as it poses high risks of adverse health impacts and potential destabilization if the trees’ root systems are compromised.  Sidewalk construction on the west end of Metcalfe Street (from Victoria Street to the Trinity Anglican Church driveway) may be feasible with minor to moderate damage to the existing Maple Trees. The arborist recommends non-invasive root exploration at the edge of construction up to the final depth of excavation, either using an Air Spade or Hydrovac method. If large structural roots are found within the construction limits, construction could potentially result in health decline and destabilization of the large Maple Trees, resulting in a safety risk.  If no large roots are found, it is recommended that a qualified arborist is present during construction to professionally prune smaller roots and apply deep root fertilizer post-construction to minimize risk of long-term health decline. It should be noted that older trees of this size have limited vigor and are unable to recover from damage as easily as younger trees.  Should the Town decide to proceed with sidewalk construction, the use of hand digging methods is highly recommended. Using normal excavation equipment could result in roots being pulled out of the ground and can be crushed or torn, creating larger surface areas for the tree to heal. Staff is recommending against a proposed sidewalk for the north side of Metcalfe Street (between Victoria Street and Wells Street) due to the presence of the existing heritage trees, which are susceptible to injury and long-term damage caused by disturbance from construction activities. Due to the high risks of impacting existing heritage trees, Town Staff does not recommend the construction of a sidewalk on the north side of Metcalfe Street. This risk is especially high at the northwest corner of Metcalfe Street and Wells Street, where it is densely vegetated with sensitive mature coniferous trees. Although the risks are lower on the west side of the street, it is not recommended to construct a sidewalk that terminates halfway through the block where there are no designated intersections or pedestrian crosswalks as it poses safety issues. Pedestrians can access the existing sidewalk located on the south boulevard of Metcalfe Street as the pedestrian connection between Library Square and Town Park. It should be noted that the existing crosswalk at Metcalfe Street and Wells Street is Page 94 of 123 September 7, 2021 5 of 6 Report No. PDS21-083 located on the south side of Metcalfe Street (i.e. from the southwest corner to the southeast corner of the intersection). Pedestrians using the walkway on Metcalfe Street would need to cross to the south side in order to access Town Park as there are no designated crosswalks or existing sidewalk at the northeast corner of Metcalfe Street and Wells Street. In addition, existing sidewalks on Church Street and Victoria Streets offer options for pedestrian connectivity between the two public facilities. Advisory Committee Review Not Applicable Legal Considerations None Financial Implications Should Council decide to not proceed with a new sidewalk on the north side of Metcalfe Street from Victoria to Wells Street as recommended by staff, the related capital project will be excluded from the 2022 capital budget. Otherwise, a new capital project in this regard requesting total capital budget authority of $150,000 will be included in the budget for Council’s formal review and approval. Communications Considerations Should the sidewalk not be constructed, there are no communication considerations. Should an alternative decision be made, the Town will inform area residents of construction by way of regular communication channels, including website, targeted notices, and social media. Link to Strategic Plan This report supports the Strategic Plan goal of “Celebrating and Promoting Our Culture” by ensuring the Town’s historical landmarks, such as the heritage trees on Metcalfe Street, are protected to ensure the Town’s rich history is preserved for future generations. This report also supports the Strategic Plan goal of “Support an Exceptional Quality of Life for All” by ensuring no unnecessary construction is undertaken which may potentially jeopardize the safety of the community. Page 95 of 123 September 7, 2021 6 of 6 Report No. PDS21-083 Alternative(s) to the Recommendation 1. That Council provide direction. Conclusions Staff is recommending against a sidewalk for the north side of Metcalfe Street between Victoria Street and Wells Street. The assessments completed for the preliminary design options suggest that sidewalk construction would not be feasible as it will impose risks of damaging the existing heritage trees. The longevity and health of the existing trees depend on minimal disturbance. Considering Metcalfe Street has an existing sidewalk on the south boulevard, pedestrians can utilize this walkway as the pedestrian connection between Aurora Town Square and Town Park. In addition, existing sidewalks on Church Street and Victoria Streets offer options for pedestrian connectivity between the two public facilities. Attachments Attachment No. 1: Option 1 – Proposed 1.5m-Wide Sidewalk Attachment No. 2: Option 2 – Proposed 2.0m-Wide Sidewalk Attachment No. 3: Arborist Report from Davey Resource Group Inc., dated June 7, 2021 Previous Reports General Committee Report No. PDS21-038, dated March 23, 2021 Pre-submission Review Agenda Management Team review on August 19, 2021 Approvals Approved by David Waters, MCIP, RPP, PLE, Director, Planning and Development Services Approved by Doug Nadorozny, Chief Administrative Officer Page 96 of 123 EX. STOP SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATORREMOVE AND REPLACE EX. CONCRETE SIDEWALKAT CROSSWALK (INCLUDING CURB DEPRESSION)AND INSTALL TACTILE WARNING PLATESEX. CANADA POST MAILBOX TOBE REMOVED AND RELOCATEDREMOVE EX. INTERLOCK PAVERS AND INSTALL CONCRETE PAD,INCLUDING TACTILE WARNING PLATES AND CURB DEPRESSIONSEX. TREE TO BE PROTECTEDDURING CONSTRUCTIONEX. HYDRO POLE AND ANCHOR TO BEPROTECTED DURING CONSTRUCTIONPROP. LOCATION OF CANADA POST MAILBOX.ADDITIONAL CONCRETE PAD TO BE INSTALLEDREMOVE EX. DRIVEWAY BARRIER CURBSAND INSTALL CONCRETE SIDEWALKCONNECT PROP. SIDEWALK TO EX. SIDEWALKREMOVE ASPHALT DRIVEWAY AND REPLACEWITH CONCRETE SIDEWALK, INCLUDING ALLASSOCIATED RESTORATIONSREMOVE AND REINSTATE EX. CURB DEPRESSION ANDASPHALT DRIVEWAY TO ORIGINAL CONDITION OR BETTERAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATORREMOVE AND REINSTATE EX. CONCRETESIDEWALK TO ORIGINAL CONDITION OR BETTEREX. TRAFFIC SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. HYDRANT AND VALVE TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. SHRUBS, HEDGE, AND VEGETATION TO BE TRIMMED AND/ORREMOVED AS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. CATCHBASINS TO BE PROTECTEDDURING CONSTRUCTIONREMOVE AND REPLACE EX. CONCRETE SIDEWALKAT CROSSWALK (INCLUDING CURB DEPRESSION)AND INSTALL TACTILE WARNING PLATESEX. CATCHBASINS TO BE PROTECTEDDURING CONSTRUCTIONREMOVE ASPHALT DRIVEWAY AND REPLACEWITH CONCRETE SIDEWALK, INCLUDING ALLASSOCIATED RESTORATIONSCONNECT PROP. SIDEWALK TO EX. SIDEWALKCONNECT PROP. SIDEWALK TO EX. SIDEWALKEX. WATER VALVE TO BE REMOVED ANDREINSTATED TO ORIGINAL CONDITION OR BETTEREX. HERITAGE TREE TO BE PROTECTEDDURING CONSTRUCTIONEX. TREE TO BE PROTECTEDDURING CONSTRUCTIONEX. TREES TO BE PROTECTED DURING CONSTRUCTIONEX. CATCHBASINS TO BE PROTECTEDDURING CONSTRUCTIONNO.DATEREVIEWEDREVISION SCALE: 1:200 REVIEWED: A.M. SHEET NO. DESIGN: G.A. DRAWN: G.A.DRAWING DISCLAIMER: EXISTING TOPOGRAPHIC AND SERVICING INFORMATIONNOTE: RESTORATION OF DISTURBED AND DAMAGED AREAS AND ITEMSNOTE: LOCATION, PROTECTION AND SUPPORT OF UTILITIES & INFRASTRUCTURENOTE: PROTECTION OF TREESKEY MAP (N.T.S.)LEGEND DRAWING NO. PROJECT NO. DATE: MAY 202101 PRELIMINARY DESIGN - ISSUED FOR INTERNAL DISCUSSION 2021-05-25A.M.02 PRELIMINARY DESIGN - ISSUED FOR REVIEW 2021-05-31 A.M.OPTION 1 - PROPOSED 1.5m-WIDE SIDEWALK012021-XX-PDS-ENG01Attachment 1Page 97 of 123 5.00%EX. GROUNDEX. HERITAGE TREE (0.70mØ) TO BEPROTECTED DURING CONSTRUCTIONEX. CURB & GUTTEREX. CURB & GUTTEREX. HYDRO POLE TO BE PROTECTEDDURING CONSTRUCTIONEX. TREE (0.10mØ) TO BE PROTECTEDDURING CONSTRUCTIONEX. CURB & GUTTEREX. DEPRESSED CURBEX. CURB & GUTTEREX. CURB & GUTTEREX. FIRE HYDRANT TO BEREMOVED AND RELOCATEDEX. GROUNDEX. GROUNDEX. GROUNDEX. GROUNDEX. GROUNDEX. GROUNDEX. CURB & GUTTEREX. SHRUBS AND VEGETATIONTO BE REMOVED2.00%11.58%(MAX 4:1)PROP. GROUNDPROP. GROUND5.00%2.00%2.00%2.00%3.06%EX. GROUNDPROP. GROUND5.00%PROP. GROUND3.00%2.00%2.16%MATCH EX. GRADEMATCH EX. GRADEMATCH EX. GRADEMATCH EX. GRADEMATCH EX. GRADE3.00%2.00%2.00%PROP. GROUNDPROP. GROUNDMATCH EX. GRADE3.00%9.30%(MAX.4:1)MATCH EX. GRADE2.00%EX. GROUNDPROP. GROUNDEX. HERITAGE TREE (0.60mØ) TO BEPROTECTED DURING CONSTRUCTIONEX. ASPHALT DRIVEWAY TO BE RESTOREDTO ORIGINAL CONDITION OR BETTEREX.TRAFFIC SIGNMAX 4:1NO.DATEREVIEWEDREVISION SCALE: 1:200 REVIEWED: A.M. SHEET NO. DESIGN: G.A. DRAWN: G.A.DRAWING DISCLAIMER: EXISTING TOPOGRAPHIC AND SERVICING INFORMATIONNOTE: RESTORATION OF DISTURBED AND DAMAGED AREAS AND ITEMSNOTE: LOCATION, PROTECTION AND SUPPORT OF UTILITIES & INFRASTRUCTURENOTE: PROTECTION OF TREESKEY MAP (N.T.S.)LEGEND DRAWING NO. PROJECT NO. DATE: MAY 202101 PRELIMINARY DESIGN - ISSUED FOR INTERNAL DISCUSSION 2021-05-25 A.M.02 PRELIMINARY DESIGN - ISSUED FOR REVIEW 2021-05-31 A.M.OPTION 1 - PROPOSED 1.5m-WIDE SIDEWALKCROSS SECTIONS022021-XX-PDS-ENG02H=1:100 V=1:200Page 98 of 123 EX. STOP SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATORREMOVE AND REPLACE EX. CONCRETE SIDEWALKAT CROSSWALK (INCLUDING CURB DEPRESSION)AND INSTALL TACTILE WARNING PLATESREMOVE EX. INTERLOCK PAVERS AND INSTALL CONCRETE PAD,INCLUDING TACTILE WARNING PLATES AND CURB DEPRESSIONSEX. TREE TO BE PROTECTEDDURING CONSTRUCTIONEX. HYDRO POLE AND ANCHOR TO BEPROTECTED DURING CONSTRUCTIONREMOVE EX. DRIVEWAY BARRIER CURBSAND INSTALL CONCRETE SIDEWALKCONNECT PROP. SIDEWALK TO EX. SIDEWALKREMOVE ASPHALT DRIVEWAY AND REPLACEWITH CONCRETE SIDEWALK, INCLUDING ALLASSOCIATED RESTORATIONSREMOVE AND REINSTATE EX. CURB DEPRESSION ANDASPHALT DRIVEWAY TO ORIGINAL CONDITION OR BETTERAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATORREMOVE AND REINSTATE EX. CONCRETESIDEWALK TO ORIGINAL CONDITION OR BETTEREX. TRAFFIC SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. SHRUBS, HEDGE, AND VEGETATION TO BE TRIMMED AND/ORREMOVED AS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. CATCHBASINS TO BE PROTECTEDDURING CONSTRUCTIONEX. TRAFFIC SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. TRAFFIC SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATORREMOVE AND REPLACE EX. CONCRETE SIDEWALKAT CROSSWALK (INCLUDING CURB DEPRESSION)AND INSTALL TACTILE WARNING PLATESEX. CATCHBASINS TO BE PROTECTEDDURING CONSTRUCTIONREMOVE ASPHALT DRIVEWAY AND REPLACEWITH CONCRETE SIDEWALK, INCLUDING ALLASSOCIATED RESTORATIONSCONNECT PROP. SIDEWALK TO EX. SIDEWALKCONNECT PROP. SIDEWALK TO EX. SIDEWALKEX. TRAFFIC SIGN TO BE REMOVED AND RELOCATEDAS INSTRUCTED BY TOWN CONTRACT ADMINISTRATOREX. WATER VALVE TO BE REMOVED ANDREINSTATED TO ORIGINAL CONDITION OR BETTEREX. HERITAGE TREE TO BE PROTECTEDDURING CONSTRUCTIONEX. TREE TO BE PROTECTEDDURING CONSTRUCTIONEX. TREES TO BE PROTECTED DURING CONSTRUCTIONEX. CATCHBASINS TO BE PROTECTEDDURING CONSTRUCTIONEX. CANADA POST MAILBOX TO REMAINUNDISTURBED DURING CONSTRUCTIONEX. HYDRANT AND VALVE TO BEPROTECTED DURING CONSTRUCTIONNO.DATEREVIEWEDREVISION SCALE: 1:200 REVIEWED: A.M. SHEET NO. DESIGN: G.A. DRAWN: G.A.DRAWING DISCLAIMER: EXISTING TOPOGRAPHIC AND SERVICING INFORMATIONNOTE: RESTORATION OF DISTURBED AND DAMAGED AREAS AND ITEMSNOTE: LOCATION, PROTECTION AND SUPPORT OF UTILITIES & INFRASTRUCTURENOTE: PROTECTION OF TREESKEY MAP (N.T.S.)LEGEND DRAWING NO. PROJECT NO. DATE: MAY 202101 PRELIMINARY DESIGN - ISSUED FOR INTERNAL DISCUSSION 2021-05-25A.M.02 PRELIMINARY DESIGN - ISSUED FOR REVIEW 2021-05-31 A.M.OPTION 2 - PROPOSED 2.0m-WIDE SIDEWALK032021-XX-PDS-ENG03Attachment 2Page 99 of 123 EX. GROUNDEX. CURB & GUTTEREX. CURB & GUTTEREX. HYDRO POLE TO BE PROTECTEDDURING CONSTRUCTIONEX. TREE (0.30mØ) TO BE PROTECTEDDURING CONSTRUCTIONEX. CURB & GUTTEREX. DEPRESSED CURBEX. ASPHALT DRIVEWAY TO BE RESTOREDTO ORIGINAL CONDITION OR BETTEREX. CURB & GUTTEREX.TRAFFIC SIGN TO BEREMOVED AND RELOCATEDEX. CURB & GUTTEREX. FIRE HYDRANT TO BEREMOVED AND RELOCATEDEX. GROUNDEX. GROUNDEX. GROUNDEX. GROUNDEX. GROUNDEX. GROUNDEX. CURB & GUTTEREX. SHRUBS AND VEGETATIONTO BE REMOVED2.00%10.60%(MAX 4:1)PROP. GROUNDPROP. GROUND2.00%14.40%(MAX 4:1)2.00%2.85%EX. GROUNDPROP. GROUND5.00%PROP. GROUND2.00%2.22%MATCH EX. GRADEMATCH EX. GRADEMATCH EX. GRADEMATCH EX. GRADEMATCH EX. GRADE2.00%2.00%PROP. GROUNDPROP. GROUNDMATCH EX. GRADE8.00%(MAX.4:1)MATCH EX. GRADE2.00%EX. GROUNDPROP. GROUNDEX. HERITAGE TREE (0.60mØ) TO BEPROTECTED DURING CONSTRUCTIONEX. HERITAGE TREE (0.70mØ) TO BEPROTECTED DURING CONSTRUCTIONNO.DATEREVIEWEDREVISION SCALE: 1:200 REVIEWED: A.M. SHEET NO. DESIGN: G.A. DRAWN: G.A.DRAWING DISCLAIMER: EXISTING TOPOGRAPHIC AND SERVICING INFORMATIONNOTE: RESTORATION OF DISTURBED AND DAMAGED AREAS AND ITEMSNOTE: LOCATION, PROTECTION AND SUPPORT OF UTILITIES & INFRASTRUCTURENOTE: PROTECTION OF TREESKEY MAP (N.T.S.)LEGEND DRAWING NO. PROJECT NO. DATE: MAY 202101 PRELIMINARY DESIGN - ISSUED FOR INTERNAL DISCUSSION 2021-05-25 A.M.02 PRELIMINARY DESIGN - ISSUED FOR REVIEW 2021-05-31 A.M.OPTION 2 - PROPOSED 2.0m-WIDE SIDEWALKCROSS SECTIONS042021-XX-PDS-ENG04H=1:100 V=1:200Page 100 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Arborist Report This letter is regarding the site assessment regarding the new sidewalk proposed on Metcalfe Street and its potential impacts on the existing trees. Assignment The client requested Davey Resource Group to conduct a site visit along the north side of Metcalfe Street between Victoria and Wells Streets where new sidewalk construction has been proposed. Currently sidewalk exists only on the south side of the street and the town proposes to build a new sidewalk on the north side as well. DRG was to assess the trees on-site which may be impacted by the work and outline proper tree protection methodologies, if possible, to preserve and protect the existing trees on site. Limitations of Assignment It must be understood that DRG the assessor of the trees regarding tree condition assessment as it relates to the most current industry standards and best management practices. The inspection of this site was preliminary in scope and no detailed tree inventory or assessment was done. If a more detailed report is necessary, an additional site visit will be necessary to gather the necessary data to propose individual tree preservation recommendations. This report is merely an overview outline the discussion talked about during the site visit. The client should incorporate the information and recommendations provided in this report into their future tree care plans, in a reasonable manner. Observations & Methods •Site visit occurred on June 1st, 2021, by ISA Certified Arborist Christopher Preece (ISA ON-2547A) •Weather was 20 degrees Celsius and sunny with some overcast. •No measurements were taken on an individual tree basis as this was just a walk through. Trees were observed from the street and given a visual assessment. Sizes of trees were estimated by the arborist. Discussion DRG met with a Town of Aurora staff member and did a walk through of the proposed Metcalfe Street sidewalk construction project. While conducting the site visit, the arborist briefly looked at each tree and proposed possible recommendations for preservation. For sake of clarity, this discussion is split into two sections. The first section will be the West end of the street near Trinity Anglican Church and the second will be the East end of the street. Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. Attachment 3 Page 101 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Starting at the West end of the road near Trinity church, we noted two large historical Maple trees around 100cm DBH. There were also a few smaller Maple trees between 30-50cm DBH. These trees are located relatively close to the road and would be impacted by construction. We would recommend that the sidewalk be located as close to the road as possible (at least 3x the diameter of the tree in distance away from it) creating more distance from these trees and limiting the size of the grass boulevard. We also recommend non-invasive root exploration at the edge of construction either using an Air spade or a hydro vac to the final depth of construction. It will be important to have an on-site arborist visually inspect the roots in the ground to properly prune them prior to any excavation. With older trees of this size, they have a very limited vigor and cannot heal damage as easily as younger trees. Depending on what is found in the ground, the arborist would determine if construction would injure the trees to the point where they would require removal. If large structural roots are found, it would potentially result in the decline in health and destabilization of the two larger trees creating a safety risk. If no large roots are found, pruning could occur with the expectation that a deep root fertilizer be applied after construction has been completed. We also recommend the removal of a small Town-owned Maple tree that would have the sidewalk pass right through. This tree is around 10cm DBH and has a large trunk wound that has resulted in an unbalanced crown and 50% dead wood. This was the only tree on site that had major damage and would require immediate removal prior to construction. At the east end of the street, numerous large historic Austrian Pine trees are located on both private and Town-owned property. These trees are leaning over the road and are in good to fair condition. If a sidewalk were to be installed here it would require extensive excavation and landscaping due to the high density of existing vegetation and heritage trees within this area. This project could require a retaining wall separating private property from town property as there is a small change in grade. The sidewalk establishment would require multiple lower branches to be pruned that could result in the health decline and eventual death of these trees. Conifer trees become incredibly sensitive as they mature. These trees have very sensitive roots and are prone to rot and decay following injury. The Town would also be recommended to non-invasively excavate and prune roots prior to construction as well as conduct hand digging on this property to limit root disturbance during construction. When normal excavation equipment is used, roots tend to be pulled out of the ground and can be crushed or torn creating a much larger surface area for the tree to heal. With the extent of the lean on a few of these trees normal excavation equipment could destabilize the tree’s root system and result in a failure and potentially posing a significant safety hazard. The Town would be required to remove multiple Privately owned and Town owned historical trees as a result. In order to connect this sidewalk with the existing sidewalk that runs adjacent to Wells Street, an injury would be expected on a number of the private and Town owned trees on this property between the road and the house. ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. Page 102 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. Conclusion and recommendations The Town of Aurora is proposing to extend their sidewalk system to improve accessibility to the neighborhood. DRG was contracted to do a walk-through site visit and propose recommendations for tree preservation regarding this site and the establishment of a new sidewalk. On the west end of the road, it would be possible to establish a sidewalk with minor to moderate damage to the existing trees, and all but one 10cm tree may likely be retained. If non-invasive root exploration was conducted combined with professional root pruning by a qualified arborist the damage to the root systems could be minimized. We would also recommend establishing the sidewalk as close to the road as possible to increase the distance of construction from the trees. We would also recommend deep root fertilizers to help seal off any injury that might be caused by construction. On the east side of the street, establishing a sidewalk would be a lot more intrusive to the existing trees on the property, both private and city owned. We do not believe that a sidewalk could be established in this area without severely damaging these trees and possibly resulting in the removal of at least a few of them. Any damage caused by the creation of a sidewalk that results in the death of the trees on private property would possibly leave the town liable for compensation, and due to the size of these historic trees it would significantly increase the cost of this project. Our recommendations are to establish a sidewalk starting from the Trinity Church entrance West to Victoria Street and establishing a cross walk from this access point across the road to the existing sidewalk. There is already one walking path on this street and this change in scope of work would preserve the heritage trees present on the road. Page 103 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. Appendix 1 Photographs (Figure 1) Shows the two large Maple trees on the West side of Metcalfe Street. As you can see with proper protection these trees should be able to be preserved. (Figure 4, 5) shows roots pruned from the hole in front of tree #13 as well as the filled in hole on the left Page 104 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. (Figure 2) Shows the entrance to the church, this is where we would propose a access ramp and sidewalk towards Victoria street a well as a cross walk crossing the road. Page 105 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. (Figure 3) Shows private property with extensive gardening and large conifer trees. A large proportion of these trees would be injured with some inevitably dying and requiring removal. It is not recommended that a sidewalk be established at the front of this property. Page 106 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. (Figure 4) Shows proposed sidewalk that would limit the impact to historic trees on private property. Proposed sidewalk. Possible cross walk Recommend no construction here. Page 107 of 123 Prepared for: Town of Aurora, c/o Garry Anggawinata Metcalfe Street, Aurora, ON Prepared by: Davey Resource Group Nicholas Lawson 500-611 Tradewind Dr., Ancaster, ON (905)-870-9726 ©2020 Davey Resource Group. All rights reserved. This document must be used in whole and with all pages. Conditions of Assessment Agreement This Conditions of Assessment Agreement is made pursuant to and as a provision of Davey Resource Group, a division of The Davey Tree Expert Co. of Canada, Limited (“Davey”), providing tree assessment services as agreed to between the parties, the terms and substance of which are incorporated in and made a part of this Agreement (collectively the “Services”). Trees are living organisms that are subject to stress and conditions and which inherently impose some degree or level of risk. Unless a tree is removed, the risk cannot be eliminated entirely. Tree conditions may also change over time even if there is no external evidence or manifestation. In that Davey provides the Services at a point in time utilizing applicable standard industry practices, any conclusions and recommendations provided are relevant only to the facts and conditions at the time the Services are performed. Given that Davey cannot predict or otherwise determine subsequent developments, Davey will not be liable for any such developments, acts, or conditions that occur including, but not limited to, decay, deterioration, or damage from any cause, insect infestation, acts of god or nature or otherwise. Unless otherwise stated in writing, assessments are performed visually from the ground on the above-ground portions of the tree(s). However, the outward appearance of trees may conceal defects. Therefore, to the extent permitted by law, Davey does not make and expressly disclaims any warranties or representations of any kind, express or implied, with respect to completeness or accuracy of the information contained in the reports or findings resulting from the Services beyond that expressly contracted for by Davey in writing, including, but not limited to, performing diagnosis or identifying hazards or conditions not within the scope of the Services or not readily discoverable using the methods applied pursuant to applicable standard industry practices. Further, Davey’s liability for any claim, damage or loss caused by or related to the Services shall be limited to the work expressly contracted for. In performing the Services, Davey may have reviewed publicly available or other third- party records or conducted interviews, and has assumed the genuineness of such documents and statements. Davey disclaims any liability for errors, omissions, or inaccuracies resulting from or contained in any information obtained from any third- party or publicly available source. Except as agreed to between the parties prior to the Services being performed, the reports and recommendations resulting from the Services may not be used by any other party or for any other purpose. The undersigned also agrees, to the extent permitted by law, to protect, indemnify, defend and hold Davey harmless from and against any and all claims, demands, actions, rights and causes of action of every kind and nature, including actions for contribution or indemnity, that may hereafter at any time be asserted against Davey or another party, including, but not limited to, bodily injury or death or property damage arising in any manner from or in any way related to any disclaimers or limitations in this Agreement. By accepting or using the Services, the customer will be deemed to have agreed to the terms of this Agreement, even if it is not signed. Acknowledged by: Name of Customer: ___________________________________________________ Authorized Signature: _________________________________________________ Date: _____________________________ Garry Anggawinata June 8, 2021 Page 108 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora General Committee Report No. FIN 2 1 -0 35 _______________________________________________________________________________________ Subject: 2021 Year End Surplus/Deficit Management Bylaw and Reserve Management Adjustments Prepared by: Sandy Dhillon, Financial Management Advisor Department: Finance Date: September 7, 2021 _______________________________________________________________________________________ Recommendation 1) That Report No. FIN21-035 be received; and 2) That the 2021 yearend surplus/deficit management bylaw to manage the operating budget surplus or deficit through the use of reserves, as detailed in this report, be brought forward to a future Council meeting for approval; and 3) That the deletion of the six reserves identified in this report as no longer being required be approved; and 4) That the Treasurer be delegated the authority to delete reserves that are no longer required. Executive Summary This report proposes the surplus/deficit control bylaw for the 2021 fiscal yearend which identifies how the yearend variances will be managed by making allocations to, or from, reserve funds. The 2021 bylaw has been expanded to include the management of any yearend surplus variances experienced by the Aurora Public Library. Furthermore, this report presents a list of recommended changes to the existing reserve framework.  Allocations to and from reserve funds are used to manage the impact of surpluses or deficits at yearend  A tax-funded surplus or deficit allocation to reserves follows specific steps and criteria to determine which reserves are impacted  A surplus or deficit for building services, water, wastewater and storm water operating budgets are managed through their own reserves Page 109 of 123 September 7, 2021 2 of 7 Report No. FIN21-035  Starting in 2021 Aurora Public Library surpluses will be managed by the Surplus/Deficit Management bylaw  An initial review of reserves identified some potential changes to the reserve portfolio  The recent changes to the development charge bylaw require that two reserves be closed and one new one be created  New reserves for grants are proposed to better manage the reporting needs of deferred revenue  New reserve for the tree compensation fee revenue is proposed  Four other reserves have been identified that are no longer required or are duplicated Background On an annual basis Council approves a bylaw to manage the surplus or deficit in the tax and user rate funded operating budgets. This bylaw has directed the surpluses to specific reserves or managed the deficits through reserve draws. This action has avoided the requirement under subsection 290(4) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended to carryover the surpluses or deficits to the following year’s budget. Historically, operating surpluses and deficits incurred by the Aurora Public Library were managed through an allocation to/from their general capital reserve. On May 22, 2019, Finance Advisory Committee completed a detailed budget review of the Aurora Public Library. It was recommended that since the Library’s budget include contributions to reserves, that any surplus should be managed by the Town. Over the course of 2021 staff have performed a high-level review of the existing reserves. This review identified a list of inactive reserves that are no longer required, as well as other reserves requiring an adjustment. Analysis Allocations to and from reserve funds are used to manage the impact of surpluses or deficits at yearend The Surplus/Deficit Management Bylaw identifies the reserves to be used to offset the overall surplus or deficit for tax and user rate funded operations. This avoids the need to carryover these variances to future years operating budgets. The bylaw uses a formula approach to allocate the surplus and identifies the reserves to be used to fund Page 110 of 123 September 7, 2021 3 of 7 Report No. FIN21-035 any deficits. The results are reported back to Council as part of the yearend budget variance report. A tax-funded surplus or deficit allocation to reserves follows specific steps and criteria to determine which reserves are impacted The Surplus/Deficit Management Bylaw outlines the steps to allocate a tax-funded operating surplus and manage a deficit through the use of reserves. It is recommended at yearend a tax-funded surplus be managed as follows in order: 1. Any net operating budget surplus in Winter Control operations be allocated to the Winter Control reserve. This contribution is not to exceed the Town’s total tax- funded surplus. 2. Any remaining 2021 net operating surplus be allocated 50 percent to the tax rate stabilization reserve and 50 percent to be allocated proportionately to tax-funded capital reserves. Alternatively, should a net operating deficit occur in 2021, it would be funded from the tax rate stabilization reserve. The tax rate stabilization reserve helps protect the annual tax rates from significant one- time or temporary pressures. Such pressures could include the impacts from significant new service or facility costs, market conditions affecting revenues, adverse weather or climate events, or other factors. A standard practice is to keep the tax rate stabilization reserve at a target balance of about 10% of annual tax revenue. Currently the reserve exceeds this amount which could be eligible to reallocate to other tax-funded reserves. This will be considered as part of the broader reserve management analysis which will be done to support the fiscal strategy. A surplus or deficit for building services, water, wastewater and storm water operating budgets are managed through their own reserves The operating budgets for building services, water, wastewater and storm water are fully funded through the user rates and do not impact the tax levy. Any yearend variance within these operations will be managed through a contribution or draw to their appropriate reserve funds. Starting in 2021 Aurora Public Library surpluses will be managed by the Surplus/Deficit Management bylaw Starting in 2021 any surplus recognized by the library will be returned to the Town. The bylaw will then direct the funds to Facilities Repair & Replacement reserve to support Page 111 of 123 September 7, 2021 4 of 7 Report No. FIN21-035 asset management of the Town owned facilities used by the Aurora Public Library. Should the Library experience a year end operating deficit, it will continue to manage the variance through a draw from its general capital reserve. An initial review of reserves identified some potential changes to the reserve portfolio A high-level review of the Town’s existing reserves has resulted in some identified changes which includes closing, combining or creating new reserves to meet known future capital needs. The treasurer has proceeded with the establishment of all identified required new reserves as per the Delegation of Authority By-law No. 6212-19. At present all recommended reserve deletions require Council approval. A comprehensive review of the reserve framework is planned as per the newly approved Fiscal Strategy. This review will result in likely further recommended changes to reserves including the review of the reserve bylaws and definitions. The recent changes to the development charge bylaw require that two reserves be closed and one new one be created Recent Development Charge Act changes arising from Bill 197 have resulted in the previous individual outdoor and indoor recreation services being consolidated into a single Parks & Recreation service. Council approved this legislatively driven change through its amending DC bylaw No. 6357-21 on June 22, 2021. The result of this change is:  Close the Outdoor Recreation DC and Indoor Recreation DC reserves  Create a new Parks & Recreation DC reserve including the balances from the closed reserves. The new reserve will have a deficit of $14,472,924.16. New reserves for grants are proposed to better manage the reporting needs of deferred revenue Presently, grant revenue received from the provincial and federal governments along with other grants are held in the tax rate stabilization reserve until the actual expense occur. This has made very hard for the Town to track all the grant revenue by sources and conduct a valuable analysis to predict future grant revenues. Including the grants in tax rate stabilization also creates some reporting challenges for the financial statements. Typically, the funds contributed to the tax rate stabilization reserve come from yearend surpluses. Meaning under Public Sector Accounting Standards (PSAS) they are part of the accumulated surplus. However, grants are considered to be deferred revenue under PSAS. By creating separate reserves for grants Page 112 of 123 September 7, 2021 5 of 7 Report No. FIN21-035 it will make reviewing grants easier along with their reporting on the financial statements. Therefore, following three grant reserve funds are proposed and a complete description of the proposed reserves can be found under Attachment #2: - Provincial grant reserve - Federal grant reserve - Other grant reserve New reserve for the tree compensation fee revenue is proposed In 2018, Council approved the tree removal/pruning and compensation policy that requires developers to replace any trees that they remove as part of their development. If they are unable to replace all of the trees they removed within their final development, they need to pay the town an amount for each tree they are unable to replace. Currently, revenue collected from the developers are held in the Landscape Fee reserve. Creating a separate reserve to hold the tree compensation fee revenue will make the tracking of revenues and expenses occurred for the tree replacement easier and efficient. The new reserve will have a balance of $318,600 and a complete description of the tree compensation fee reserve can be found under Attachment #2. Four other reserves have been identified that are no longer required or are duplicated The review also identified the following list of reserves that can be deleted as they are no longer active or serve duplicate intents:  Parks rehabilitation reserve (duplicate)  Heritage reserve (duplicate)  Discretionary R&R reserve (no longer required)  The Debt Deferral Library Reserve (no longer required as debt fully paid in 2020). Advisory Committee Review Not applicable Legal Considerations The Municipal Act, subsection 11(2) (3) allows the municipality to pass bylaws respecting the financial management of the municipality and its local boards. The Page 113 of 123 September 7, 2021 6 of 7 Report No. FIN21-035 Delegation of Authority Bylaw gives the Treasurer the authority to establish new reserve funds as a result of the approved annual budget. It would be appropriate to also delegate to the Treasurer the authority to delete reserves that are no longer required. Financial Implications This report outlines how the yearend surplus or deficit in the tax and rate funded operations will be managed. The Municipal Act requires that any surplus or deficit be carried forward into the following year’s budget, unless controlled through reserves as proposed in this report. The bylaw will balance the budget and eliminate any surplus or deficit, avoiding the need for any budget carryforwards. There are no financial implications associated with recommended reserve changes. Communications Considerations The Town of Aurora will use ‘Inform’ as the level of engagement for this project. There are five different levels of community engagement to consider, with each level providing the community more involvement in the decision-making process. These levels are: Inform, Consult, Involve, Collaborate and Empower. Examples of each can be found in the Community Engagement Policy. These options are based on the International Association of Public Participation (IAP2) Spectrum and assist in establishing guidelines for clearly communicating with our public and managing community engagement. In order to inform, this report with be posted to the Town’s website. Link to Strategic Plan Outlining a strategic approach to managing year end surpluses and/or deficits, and thereby avoiding the need to complicate the following year’s budget with such matters, contributes to achieving the Strategic Plan guiding principle of “Leadership in Corporate Management” and improves transparency and accountability to the community. Alternative(s) to the Recommendation 1. Council could choose not to approve the Surplus/Deficit Control bylaw and address any year end results by way of budget amendment following early budget approval Page 114 of 123 September 7, 2021 7 of 7 Report No. FIN21-035 Conclusions Staff are recommending that a bylaw be adopted which will authorize the Director of Finance – Treasurer to apply the year end variance funding adjustments as outlined in the bylaw and this report. This will balance the tax levy and rate funded operating budgets. As part of the year end procedures, staff will report back to the General Committee as to the actual yearend results and the final surplus allocations made for 2021. Also, staff recommend a list of reserve changes as a result of an initial review of reserves. Attachments Attachment #1 – 2021 Surplus/Deficit Financial Management Bylaw Attachment #2 – Federal, Provincial, other Grant and Tree Compensation Fee Reserve Fund Previous Reports None. A new bylaw is required each year. This equivalent report for 2020 was FIN20- 022 which went to General Committee on September 08, 2020. Pre-submission Review Agenda Management Team review on August 19, 2021 Approvals Approved by Rachel Wainwright-van Kessel, B.Math, CPA, CMA, Director, Finance Approved by Doug Nadorozny, Chief Administrative Officer Page 115 of 123 Attachment #1 The Corporation of the Town of Aurora By-law Number XXXX-21 Being a By-law to allocate any 2021 Operating Fund surplus for the Town of Aurora and Aurora Public Library and any 2021 Water, Wastewater and Storm Water Operating Fund surplus or deficit. Whereas paragraph 290(4)(b) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Act”), provides that in preparing the budget for a year, the local municipality shall treat as estimated revenues any surplus of any previous year; And whereas paragraph 290(4)(c) of the Act provides that in preparing the budget for a year, the local municipality shall provide for any deficit of any previous year; And whereas paragraph 290(4)(g) of the Act provides that in preparing the budget for a year, the local municipality may provide for such reserve funds as the municipality considers necessary; And whereas paragraph 11(2)(3) of the Act provides that municipalities may pass by- laws respecting the financial management of the municipality and its local boards; And whereas the Council of The Corporation of the Town of Aurora (the “Town”) deems it necessary and expedient to control the 2021 Operating Fund surplus or deficit as it may arise; And whereas the Council of The Corporation of the Town of Aurora (the “Town”) deems it necessary and expedient to control the 2021 Operating Fund surplus as it may arise for Aurora Public Library; And whereas the Council of the Town deems it necessary and expedient to control the 2021 Water, Wastewater and Storm water Operating Fund surplus or deficit as it may arise; And whereas the Council of the Town adopted the recommendations and controls contained in Report No. FIN21-XXX with respect to the 2021 Operating Fund surplus for The Town of Aurora and Aurora Public Library and the 2021 Water, Wastewater and Stormwater Operating Fund surplus or deficit at the Council meeting of September 07, 2021; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. The Treasurer is hereby authorized to make the adjustments and allocations in accordance with the approved resolutions arising from Report No. FIN21-XXX by re-allocating an amount or amounts from any 2021 Town of Aurora (the “Town”) or The Aurora Public Library Operating Fund surplus to one or more of the reserve funds of the Town. 2. The Treasurer is hereby authorized to allocate any 2021 Operating Fund deficit from the appropriate stabilization reserve funds of the Town. 3. The Treasurer is hereby authorized to allocate any 2021 Water, Wastewater and Storm water Operating Fund surplus, net of any approved budget carry forwards, to the Water and Sewer capital reserve funds in accordance with Report No. FIN21-XXX. Page 116 of 123 ___________________________________ ___________________________________ By-law Number XXXX-21 Page 2 of 2 4. The Treasurer is hereby authorized to fund any 2021 Water, Wastewater and Storm Water Operating Fund deficit from the Water, Wastewater and Storm water capital reserve funds in accordance with Report No. FIN21-XXX. 5. The Treasurer shall report to Council on all amounts allocated as authorized by this By-law, either before or at the time when the 2021 annual statements are presented to Council or a Committee of Council. Enacted by Town of Aurora Council this 7th day of September, 2021. Tom Mrakas, Mayor Michael de Rond, Town Clerk Page 117 of 123 By Law Number: 6212-19 1 Schedule: SP13 Reserve Fund Category: Special Purposes Reserve Fund Name: Federal Grant Reserve The Federal Reserve Fund (the "Fund") is hereby established to receive and hold any grant revenues received by the Town of Aurora from federal government for various capital or operating projects until the actual expense occur. Balances in the Fund shall be used to fund the specific expenses as for which the grant money was received from the federal government. The Fund is established with a $Nil balance. Due to its nature, there is no target balance for this Fund. Attachment #2 Page 118 of 123 By Law Number: 6212-19 2 Schedule: SP14 Reserve Fund Category: Special Purposes Reserve Fund Name: Provincial Grant Reserve The Provincial Reserve Fund (the "Fund") is hereby established to receive and hold any grant revenues received by the Town of Aurora from provincial government for various capital or operating projects until the actual expense occur. Balances in the Fund shall be used to fund the expenses as for which the grant money was received from the provincial government. The Fund is established with a $Nil balance. Due to its nature, there is no target balance for this Fund. Page 119 of 123 By Law Number: 6212-19 3 Schedule: SP15 Reserve Fund Category: Special Purposes Reserve Fund Name: Other Grant Reserve The Other Grant Reserve Fund (the "Fund") is hereby established to receive and hold any grant revenues received by the Town of Aurora from non provincial or federal sources for various capital or operating projects until the actual expense occur. Balances in the Fund shall be used to fund the expenses as for which the grant money was received. The Fund is established with a $Nil balance. Due to its nature, there is no target balance for this Fund. Page 120 of 123 By Law Number: 6212-19 4 Schedule: SP16 Reserve Fund Category: Special Purposes Reserve Fund Name: Tree Compensation Fee Reserve The Tree Compensation Fee Reserve Fund (the "Fund") is hereby established to receive and hold any tree compensation fee collected by the town from the developers to compensate for the loss of trees on the subject lands as outlined in Tree Removal Compensation Policy. Balances in the Fund shall be used as set out in the Tree removal/pruning and compensation policy to achieve a sustainable Urban Forest and a net gain in Aurora’s Forest cover percentage, thus ensuring that any trees removed through development are replaced in sufficient numbers to ensure that our urban forest canopy is not compromised or in any way diminished over the long term and that a net gain be achieved in the towns overall forest canopy. These funds do not need to be spent specifically on the development at hand through which the funds have been collected; they may be spent on the installation of trees and other plantings at any eligible location in Town. The Fund is established by transfer of $318,600 from Landscape Fees reserve relating the Tree compensation fee collected by the town since 2018. At any time, acting in the best interests of the Town, Council may direct that some or all balances in the Fund be transferred to other reserve funds, or used for other purposes, provided that the transfer or use of tax sourced funding is appropriate in the circumstances. Page 121 of 123 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Notice of Motion Mayor’s Office _______________________________________________________________________________________ Re: LDD Moth Infestation To: Members of Council From: Mayor Tom Mrakas Date: September 7, 2021 _______________________________________________________________________________________ Whereas areas of the Town of Aurora are experiencing an infestation of the caterpillar stage of the of Lymantria dispar dispar, commonly known as LDD moths; and Whereas, according to the LSRCA, the LDD moth is “an invasive insect (that) goes through cycles in which the population increases for several years and then declines”. This year is predicted to be an outbreak year, based on observations and monitoring in 2020 and through the winter of 2021; and Whereas the LDD moth population tends to peak every 10 years, and each outbreak can last a few years; and Whereas we are currently in year two of a boom; and Whereas the LDD moth can have serious, negative impacts on the forest canopy, defoliating a significant volume of trees during an infestation; and Whereas healthy trees can generally survive, back-to-back years of LDD moth feeding can weaken a tree, making it susceptible to disease and damage from other insects and even death for some trees; and Whereas the Town has provided information for residents on how to protect the trees on their property and was the first municipality in York Region to provide burlap wraps to homeowners; 1.Now Therefore Be it Hereby Resolved That staff review and report back on all options to control the LDD moth infestation and manage future years of this cycle, including: burlap banding, removal of eggs, pheromone traps in areas with moderate to severe infestation,and consider targeted spraying of BTK (Bacterium Spray Treatment) within the appropriate timeframe in all severely infested areas of public Page 122 of 123 LDD Moth Infestation September 7, 2021 Page 2 of 2 lands and Town trees within the Town’s right of way on severely infested streets; and 2. Be It Further Resolved That the Town of Aurora adopt the same practice as neighbouring municipalities, taking a “good neighbour” approach and spraying buffer strips on the borders of publicly owned Town of Aurora lands and private lands where there is known to be a severe infestation of LDD moths. Page 123 of 123