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AGENDA - Council - 20111115PUBLIC RELEASE November 11, 2011 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA Tuesday, November 15, 2011 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OF AGENDA RECOMMENDED: THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented. III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS (a) Ms. Anna Kroeplin, Chair, Aurora Farmers’ Market (AFM) pg. 1 Re: Request for Blanket Permit, Revoke Existing AFM By-law, Request for a Formal Process to Appoint Council Representative on AFM Executive (b) Mr. Lance Payne, Resident and pg. 2 Mr. Frank Westaway, dBA Environmental Services Re: Updating Noise By-law VI PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE General Committee Meeting Agenda Tuesday, November 15, 2011 Page 2 of 5 VII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION VIII NEW BUSINESS/GENERAL INFORMATION - COUNCILLORS IX CLOSED SESSION THAT Council resolve into a Closed Session to consider:  A proposed or pending acquisition or disposition of land by the municipality or local board; Re: PR11-047 – Parkland Acquisition Strategy X ADJOURNMENT General Committee Meeting Agenda Tuesday, November 15, 2011 Page 3 of 5 AGENDA ITEMS 1. Deferred from General Committee meeting of September 20, 2011 – Item 4 IES11-048 – Snow Storage Selection and Construction pg. 4 RECOMMENDED: THAT Council receive report IES11-048; and THAT Council approve the construction of a snow disposal facility in Aurora; and THAT $450,000 be included in the 2012 capital budget request. 2. CAO11-020 – Update on Corporate Issues and Key pg. 16 Considerations RECOMMENDED: THAT report CAO11-020 be received for information. 3. IES11-059 – Award of Tender IES2011-28 – Emergency Sewer pg. 23 and Watermain Repairs & New Sewer and Water Service Installation RECOMMENDED: THAT report IES11-059 be received; and THAT Tender IES2011-28 – Emergency Repairs to the Town of Aurora Water Distribution and Sewer Systems and the Construction of New Sewer and Watermain Service Connections be awarded to VM DiMonte Construction Limited; and THAT the 2012 contract year for Part A - Emergency Sewer and Watermain Repairs be awarded for $314,980, excluding all taxes, as based on tendered unit prices; and THAT the 2012 contract year for Part B - New Sewer and Watermain Service Connections be awarded as based on tendered unit prices; and General Committee Meeting Agenda Tuesday, November 15, 2011 Page 4 of 5 THAT Council authorize the Director to renew Tender IES2011-28 for an additional two, one-year periods pending an annual analysis and satisfactory performance review by the Director; and THAT By-Law 5340-11 Schedule “E” be amended to reflect the proposed 2012 Flat Rate Water and Sewer Service Connection Fees; and THAT the Mayor and Town Clerk be authorized to execute the necessary Agreement including any and all documents and ancillary agreements required to give effect to same. 4. PR11-045 – Award of Tender PRS2011-76 David English Park pg. 39 Construction RECOMMENDED: THAT Council receive report PR11-045; and THAT Tender PRS2011-76 – David English Park Construction be awarded to Davan Landscape Design/Build Inc., for $358,643.40 plus taxes; and THAT Council authorize an additional expenditure of $126,955.52 to supplement the unfunded portion of the project budget from Cash-in-Lieu of Parkland; and THAT the Mayor and Town Clerk be authorized to execute the necessary Agreement including any and all documents and ancillary agreements required to give effect to same. 5. PR11-046 – St. Jerome Catholic Elementary School pg. 45 RECOMMENDED: THAT report PR11-046 be received; and THAT Council approve an exemption to the Sports Field Use Policy to permit St. Jerome Catholic Elementary School the use of the Ball Diamond in Optimist Park from December 1st, 2011 to March 12, 2012. General Committee Meeting Agenda Tuesday, November 15, 2011 Page 5 of 5 6. EAC11-04 – Environmental Advisory Committee Report pg. 47 November 3, 2011 RECOMMENDED: THAT Council adopt the Environmental Advisory Committee recommendations of the November 3, 2011 meeting. ADDITIONAL ITEMS FOR GENERAL COMMITTEE MEETING Tuesday, November 15, 2011  Additional Information to Delegation (a) Ms Anna Kroeplin, Chair, Aurora Farmers’ Market (AFM) Re: Request for Blanket Permit, Revoke Existing AFM By-law, Request for a Formal Process to Appoint Council Representative on AFM Executive  Presentation Notes to Aurora General Committee (Nov.15, 2011)  Additional Information to Item 1 – IES11-048 – Snow Storage Selection and Construction  Environmental Compliance Approval from the Ministry of the Environment dated November 14, 2011 Presentation to Aurora General Committee: (Nov.15, 2011)  Anna Kroeplin, Chair AFM    Submitted by Chair, AFM 2011  Hello General Committee members. I am presenting today on behalf of the Aurora Farmers’  Market and Artisan Fair Association as the Chair.  We are formally requesting that the Aurora Farmers’  Market continue in its current location on Wells Street and the Town Park.    In order not to be a burden to staff during the permit application process, we asking staff to recommend  to Council the following:    #1. – “Blanket Permit”    a) We are asking for a “Blanket Permit” to be generated from the Parks Department.  This is a one  permit system that will streamline logistics and the application approval process.    b) We are asking to use the Town Park every Saturday from May 5 until October 27, from 6:00 a.m.  until 2:00 p.m.  c) We are asking for the By‐law which regulates the Aurora Farmers’ Market to be amended to  reflect this change.  d) We are asking for a one‐fee system, with the applicants being coordinated by the Aurora  Farmers’ Market, with full disclosure to the Town on a monthly basis during the Market season.    Objectives:   To aid in streamlining logistics that have in the past, taken a large part of staff and volunteer  time to process individual applications.   To keep the same footprint of the booths in the Town Park by creating a cap on the maximum  number of Vendors we allow. (In 2011, we had up to 47 Vendors, averaging 35 Vendors during  the full season.)   To abide by the stipulation that no Vendor vehicles will be allowed in the Town Park during our  permit hours.     The AFM intends to apply for a Road Closure Permit for Wells Street.   The AFM will notify area residents and businesses by March 2012.   The AFM intends to work with other groups that want to use the Town Park for their special  events.   Being in this location, the Market will retain its exclusivity, uniqueness and charm.      #2. – AFM Council Rep Liaison – formal process    We are asking for staff to recommend a formal process for a Council member to volunteer as  the AFM Council Representative on an annual basis. This role is in a non‐voting capacity, and the  representative will have no control, influence or power over the AFM Executive, the AFM Association, its  members, Vendors or volunteers.   This is a goodwill gesture and will aid in ensuring that Council is apprised of future events and actions of  the Aurora Farmers’ Market.  We were completely honoured and satisfied to have Councillor Humfreys represent the Aurora  Farmers’ Market & Artisan Fair so passionately, professionally and thoroughly in 2011, and hope to  continue this excellent, established relationship with Council with our next representative.   Thank you for your time. Could you please keep the AFM Chair apprised of when the report to  Council will be submitted?    Page 1 - NUMBER 1727-8MXHQQ Ministry of the Environment Ministère de l’Environnement ENVIRONMENTAL COMPLIANCE APPROVAL NUMBER 1727-8MXHQQ Issue Date: November 14, 2011 The Corporation of the Town of Aurora 100 John West Way Aurora, Ontario L4G 6J1 Site Location: Lambert Willson Snow Disposal Facility Lambert Willson Park Lots 87, 88 and 103, Concession 1 Parts 7 to 10, RP 65R3800 115 to 135 Industrial Parkway North Town of Aurora, Regional Municipality of York You have applied under section 20.2 of Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E. 19 (Environmental Protection Act) for approval of: the establishment of stormwater/snow meltwater management Works to serve the Lambert Willson Snow Disposal Facility site located on Municipal Land in an existing parking lot within the Lambert Willson Park, in the Town of Aurora, for the treatment and disposal of stormwater/snow meltwater runoff from a catchment area of 0.38 ha, to provide Enhanced Level water quality protection and to attenuate post-development peak flows to pre-development levels, discharging to the East Holland River, for all storm events up to and including the 100-year return storm, consisting of the following: a 58 m long 100 mm diameter perforated subdrain located in the northern portion of the existing parking lot z within the Lambert Willson Park, discharging to a 300 mm diameter on-site storm sewer; 300 mm diameter on-site storm sewers located in the existing parking lot within the Lambert Willson Park, z discharging to a 1,050 mm diameter storage storm sewer; underground storage provided in a 39 m long - 1,050 mm diameter storage storm sewer and two (2) z manholes, located in the southern portion of the existing parking lot within the Lambert Willson Park, having a total available storage volume of approx. 40 cubic metres, discharging via a control catch basin (CB #2) housing a 200 mm diameter orifice plate, allowing a maximum discharge of 96 L/s (100-year storm event) and a 300 mm diameter storm sewer to an oil/grit separator; Page 2 - NUMBER 1727-8MXHQQ one (1) oil/grit separator with a 2.1 m deep sump located at the southern end of the existing parking lot z within the Lambert Willson Park, approx. 258 m east of the intersection of Industrial Parkway North and Access Road, serving a catchment area of 0.38 ha, having a sediment storage capacity of 3,785 L, an oil storage capacity of 950 L, a total holding capacity of 5,130 L and a maximum treatment flow rate of 94 L/s, discharging via a 300 mm diameter outlet pipe, the existing 525 mm diameter storm sewer and the existing approx. 60 m long channel/drainage swale to the East Holland River; all in accordance with the application dated March 22, 2011 and received June 2, 2011, including the design report entitled "Aurora Snow Disposal Facility Phase 2 - Detailed Design Final Design Report" dated September 2010, final plans and specifications prepared by Genivar Inc. For the purpose of this environmental compliance approval , the following definitions apply: 1. "Approval" means this Environmental Compliance Approval and any Schedules to it, including the application and supporting documentation. 2. "Director" means any Ministry employee appointed by the Minister pursuant to section 5 of the Part II.1 of the Environmental Protection Act; 3. "District Manager" means the District Manager of the York-Durham District Office of the Ministry; 4. "Ministry" means the Ontario Ministry of the Environment; 5. "Owner" means The Corporation of the Town of Aurora, and includes its successors and assignees; 6. "Source Protection Plan" means a drinking water source protection plan prepared under the Clean Water Act, 2006; 7. "Works" means the sewage works described in the Owner's application, this Approval and in the supporting documentation referred to herein, to the extent approved by this Approval. You are hereby notified that this environmental compliance approval is issued to you subject to the terms and conditions outlined below: TERMS AND CONDITIONS 1. GENERAL PROVISIONS 1.1 The Owner shall ensure that any person authorized to carry out work on or operate any aspect of the Works is notified of this Approval and the conditions herein and shall take all reasonable measures to ensure any such person complies with the same. 1.2 Except as otherwise provided by these Conditions, the Owner shall design, build, install, operate and Page 3 - NUMBER 1727-8MXHQQ maintain the Works in accordance with the description given in this Approval, the application for approval of the Works and the submitted supporting documents and plans and specifications as listed in this Approval. 1.3 Where there is a conflict between a provision of any submitted document referred to in this Approval and the Conditions of this Approval, the Conditions in this Approval shall take precedence, and where there is a conflict between the listed submitted documents, the document bearing the most recent date shall prevail. 1.4 Where there is a conflict between the listed submitted documents, and the application, the application shall take precedence unless it is clear that the purpose of the document was to amend the application. 1.5 The requirements of this Approval are severable. If any requirement of this Approval, or the application of any requirement of this Approval to any circumstance, is held invalid or unenforceable, the application of such requirement to other circumstances and the remainder of this Approval shall not be affected thereby. 2. EXPIRY OF APPROVAL The approval issued by this Approval will cease to apply to those parts of the Works which have not been constructed within five (5) years of the date of this Approval. 3. CHANGE OF OWNER The Owner shall notify the District Manager and the Director, in writing, of any of the following changes within thirty (30) days of the change occurring: (a) change of Owner; (b) change of address of the Owner; (c) change of partners where the Owner is or at any time becomes a partnership, and a copy of the most recent declaration filed under the Business Names Act, R.S.O. 1990, c.B17 shall be included in the notification to the District Manager; and (d) change of name of the corporation where the Owner is or at any time becomes a corporation, and a copy of the most current information filed under the Corporations Information Act, R.S.O. 1990, c. C39 shall be included in the notification to the District Manager. 4. EFFLUENT MONITORING AND RECORDING The Owner shall, upon commencement of operation of the stormwater/snow meltwater management Works, carry out the following two (2) year effluent stormwater/snow meltwater monitoring program: 4.1 All samples and measurements taken for the purposes of this Approval are to be taken at a time and in a Page 4 - NUMBER 1727-8MXHQQ location characteristic of the quality and quantity of the effluent stormwater/snow meltwater stream over the time period being monitored. 4.2 The Owner shall ensure that samples collected at the following sampling locations, are collected when effluent stormwater/snow meltwater is being discharged from the existing 525 mm diameter storm sewer ( outlet location), by means of the specified sample type and analyzed for each parameter listed and all results recorded: Table 1 - Effluent Stormwater/Snow Meltwater Monitoring Location East Holland River during low flow (upstream of the outlet location), at the outlet of the existing 525 mm diameter storm sewer, East Holland River during low flow (20 m downstream of the outlet location) Frequency Every two (2) weeks starting March 1 to April 30 Sample Type Grab Parameters Total Suspended Solids, Oil and Grease, Anions (Chlorides, Bromide, Cyanide), Heavy Metals, Sulfate, Nitrate, pH 4.3 The methods and protocols for sampling, analysis and recording shall conform, in order of precedence, to the methods and protocols specified in the following: (a) the Ministry's publication "Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater" (January 1999), ISBN 0-7778-1880-9, as amended from time to time by more recently published editions; (b) the publication "Standard Methods for the Examination of Water and Wastewater" (21st edition), as amended from time to time by more recently published editions. 4.4 The measurement frequencies, sampling parameters and/or sampling locations specified in Table 1 are minimum requirements which may, after the first year of monitoring in accordance with this Condition, be modified by the District Manager in writing if requested to do so by the Owner and considers it acceptable upon review of information submitted in support of the request. 4.5 The Owner shall retain for a minimum of three (3) years from the date of their creation, all records and information related to or resulting from the monitoring activities required by this Approval. 5. SPILL CONTINGENCY PLAN 5.1 Within six (6) months from the issuance of this Approval, the Owner shall implement a spill contingency plan - that is a set of procedures describing how to mitigate the impacts of a spill within the area serviced by the Works. This plan shall include as a minimum: (i) the name, job title and location (address) of the Owner, person in charge, management or person(s) in control of the facility; Page 5 - NUMBER 1727-8MXHQQ (ii) the name, job title and 24-hour telephone number of the person(s) responsible for activating the spill contingency plan; (iii) a site plan drawn to scale showing the facility, nearby buildings, streets, catchbasins & manholes, drainage patterns (including direction(s) of flow in storm sewers), any receiving body(ies) of water that could potentially be significantly impacted by a spill and any features which need to be taken into account in terms of potential impacts on access and response (including physical obstructions and location of response and clean-up equipment); (iv) steps to be taken to report, contain, clean up and dispose of contaminants following a spill; (v) a listing of telephone numbers for: local clean-up company(ies) who may be called upon to assist in responding to spills; local emergency responders including health institution(s); and MOE Spills Action Centre 1-800-268-6060; (vi) Materials Safety Data Sheets (MSDS) for each hazardous material which may be transported or stored within the area serviced by the Works; (vii)the means (internal corporate procedures) by which the spill contingency plan is activated; (viii) a description of the spill response training provided to employees assigned to work in the area serviced by the Works, the date(s) on which the training was provided and by whom; (ix) an inventory of response and clean-up equipment available to implement the spill contingency plan, location and, date of maintenance/replacement if warranted; and (x) the date on which the contingency plan was prepared and subsequently, amended. 5.2 The spill contingency plan shall be kept in a conspicuous, readily accessible location on-site. 5.3 The spill contingency plan shall be amended from time to time as required by changes in the operation of the facility. 6. OPERATION AND MAINTENANCE 6.1 The Owner shall make all necessary investigations, take all necessary steps and obtain all necessary approvals so as to ensure that the physical structure, siting and operations of the stormwater/snow meltwater management Works do not constitute a safety or health hazard to the general public. 6.2 The Owner shall design, construct and operate the oil/grit separator with the objective that the effluent from the oil/grit separator is essentially free of floating and settleable solids and does not contain oil or any other substance in amounts sufficient to create a visible film, sheen, foam or discolouration on the East Holland River. 6.3 The Owner shall carry out and maintain an annual inspection and maintenance program on the operation Page 6 - NUMBER 1727-8MXHQQ of the oil/grit separator in accordance with the manufacturer' recommendation. 6.4 After a two (2) year period, the District Manager of the MOE District Office may alter the frequency of inspection of the oil/grit separator if he/she is requested to do so by the Owner and considers it acceptable upon review of information submitted in support of the request. 6.5 The Owner shall ensure that the design storage volumes are maintained at all times. 6.6 The Owner shall undertake an inspection of the condition of the stormwater/snow meltwater management Works, at least once a year, and undertake any necessary cleaning and maintenance to ensure that sediment, debris and excessive decaying vegetation are removed from the above noted stormwater/snow meltwater management Works to prevent the excessive build-up of sediment, debris and/or decaying vegetation to avoid reduction of capacity of the Works. The Owner shall also regularly inspect and clean out the inlet to and outlet from the Works to ensure that these are not obstructed. 6.7 The Owner shall ensure that all sediment, debris and excessive decaying vegetation are removed from the snow storage area by April 30 of each calendar year. 6.8 The Owner shall maintain a logbook to record the results of these inspections and any cleaning and maintenance operations undertaken, and shall keep the logbook at the Owner's corporate office for inspection by the Ministry. The logbook shall include the following: (a) the name of the Works; and (b) the date and results of each inspection, maintenance and cleaning, including an estimate of the quantity of any materials removed and method of clean-out of the stormwater/snow meltwater management Works. 7. REPORTING 7.1 In addition to the obligations under Part X of the Environmental Protection Act, the Owner shall, within ten (10) working days of the occurrence of any reportable spill as defined on Ontario Regulation 675/98, bypass or loss of any product, by-product, intermediate product, oil, solvent, waste material or any other polluting substance into the environment, submit a full written report of the occurrence to the District Manager describing the cause and discovery of the spill or loss, clean-up and recovery measures taken, preventative measures to be taken and schedule of implementation. 7.2 The Owner shall prepare and submit a performance report to the District Manager on an annual basis by June 30 of each calendar year. The first such report shall cover the first annual period following the commencement of the monitoring program and subsequent reports shall be submitted to cover successive annual periods following thereafter. The report shall contain, but shall not be limited to, the following information: (a) a summary and interpretation of all monitoring data, including an overview of the success and adequacy of the stormwater/snow meltwater management Works; Page 7 - NUMBER 1727-8MXHQQ (b) a description of any operating problems encountered and corrective actions taken; (c) a summary of annual stormwater/snow meltwater management Works (including the oil/grit separator) inspection reports as required by Condition 6.3 and Condition 6.6. (d) a summary of all maintenance carried out on any major structure, equipment, apparatus, mechanism or thing forming part of the stormwater/snow meltwater management Works (e) a summary of any effluent stormwater/snow meltwater quality assurance or control measures undertaken in the reporting period; and (f) a summary of the calibration and maintenance carried out on all effluent monitoring equipment. 8. RECORD KEEPING The Owner shall retain for a minimum of five (5) years from the date of their creation, all records and information related to or resulting from the operation and maintenance activities required by this Approval. 9. SOURCE WATER PROTECTION The Owner shall, within sixty (60) calendar days of the Minister of the Environment posting approval of a Source Protection Plan on the Environmental Registry established under the Environmental Bill of Rights, 1993 for the area in which this Approval is applicable, apply to the Director for an amendment to this Approval that includes the necessary measures to conform with all applicable policies in the approved Source Protection Plan. The reasons for the imposition of these terms and conditions are as follows: 1. Condition 1 is imposed to ensure that the Works are built and operated in the manner in which they were described for review and upon which Approval was granted. This Condition is also included to emphasize the precedence of Conditions in the Approval and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review. The Condition also advises the Owners their responsibility to notify any person they authorized to carry out work pursuant to this Approval the existence of this Approval. 2. Condition 2 is included to ensure that, when the Works are constructed, the Works will meet the standards that apply at the time of construction to ensure the ongoing protection of the environment. 3. Condition 3 is included to ensure that the Ministry records are kept accurate and current with respect to approved Works and to ensure that subsequent owners of the Works are made aware of the Approval and continue to operate the Works in compliance with it. 4. Condition 4 is included to enable the Owner to evaluate and demonstrate the performance of the Works on Page 8 - NUMBER 1727-8MXHQQ a continual basis, so that the Works are properly operated and maintained and that the Works does not cause any impairment to the East Holland River. 5. Condition 5 is included to ensure that the Owner will implement the Spill Contingency Plan, such that the environment is protected and deterioration, loss, injury or damage to any person(s) or property is prevented. 6. Condition 6 is included as regular inspection and necessary removal of sediment and excessive decaying vegetation from this approved stormwater/snow meltwater management Works are required to mitigate the impact of sediment, debris and/or decaying vegetation on the treatment capacity of the Works. It is also required to ensure that adequate storage is maintained in the stormwater/snow meltwater management facilities at all times as required by the design. Furthermore, Conditions 6 is included to ensure that the stormwater/snow meltwater management Works are operated and maintained to function as designed. 7. Condition 7 is included to provide a performance record for future references and to ensure that the Ministry is made aware of problems as they arise, so that the Ministry can work with the Owner in resolving the problems in a timely manner. 8. Condition 8 is included to require that all records are retained for a sufficient time period to adequately evaluate the long-term operation and maintenance of the Works. 9. Condition 9 is included to ensure that the Works covered by this Approval will conform to the significant threat policies and designated Great Lakes policies in the Source Protection Plan. In accordance with Section 139 of the Environmental Protection Act, you may by written Notice served upon me and the Environmental Review Tribunal within 15 days after receipt of this Notice, require a hearing by the Tribunal. Section 142 of the Environmental Protection Act provides that the Notice requiring the hearing shall state: 1. The portions of the environmental compliance approval or each term or condition in the environmental compliance approval in respect of which the hearing is required, and; 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed. The Notice should also include: 3. The name of the appellant; 4. The address of the appellant; 5. The environmental compliance approval number; 6. The date of the environmental compliance approval; 7. The name of the Director, and; 8. The municipality or municipalities within which the project is to be engaged in. And the Notice should be signed and dated by the appellant. This Notice must be served upon: Page 9 - NUMBER 1727-8MXHQQ The Secretary* Environmental Review Tribunal 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 AND The Director appointed for the purposes of Part II.1 of the Environmental Protection Act Ministry of the Environment 2 St. Clair Avenue West, Floor 12A Toronto, Ontario M4V 1L5 * Further information on the Environmental Review Tribunal’s requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) 212-6349, Fax: (416) 314-4506 or www.ert.gov.on.ca The above noted activity is approved under s.20.3 of Part II.1 of the Environmental Protection Act. DATED AT TORONTO this 14th day of November, 2011 Sherif Hegazy, P.Eng. Director appointed for the purposes of Part II.1 of the Environmental Protection Act KC/ c: District Manager, MOE York-Durham District Office Mario D. Conetta, P.Eng., Genivar Inc.