Agenda - Council - 20041123TOWN OF AURORA
COUNCIL
AGENDA
N0.04-35
TUESDAY, NOVEMBER 23, 2004
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
19/11 /04
TOWN OF AURORA
COUNCIL MEETING
AGENDA
NO. 04-35
Tuesday, November 23, 2004
7:00 P.M. OPEN FORUM — COUNCIL MEETING TO FOLLOW
I DECLARATIONS OF PECUNIARY INTEREST
11 APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
Ill ADOPTION OF MINUTES
Council Minutes of November 9, 2004, Meeting Number 04-34
RECOMMENDED:
THAT the Council Minutes from Meeting Number 04-34 be adopted as
printed and circulated.
IV PRESENTATIONS
V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Council Meeting No. 04-35 Page 2 of 12
Tuesday, November 23, 2004
V11 DELEGATIONS
(a) Mr. Graham Wride, Resident of 98 Temperance Street (pg. 131)
Re: Proposed Address Change for the Town Hall
Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
IX REGIONAL REPORT
X OTHER BUSINESS, COUNCILLORS
XI READING OF BY-LAWS
RECOMMENDED:
RECOMMENDED:
THAT the following listed by-law be given 3rd reading and thereby be
enacted:
4609-043 BEING A BY-LAW to amend (pg. 106)
Parking By-law 4574-04.T as
amended, with respect to parking
on Gurnett Street
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4613-041 BEING A BY-LAW to authorize
temporary borrowing by the
Corporation pending the receipt of
Municipal revenues, pursuant to
Section 407 of the Municipal Act,
2001, SO 2001, c. 25 as
amended.
4614-04.0 BEING A BY-LAW to
amend By-law 4280-01.C, a by-
law to govern the procedures of
the Council of the Town of Aurora
and its Committees and Boards.
(pg. 107)
(pg. 109)
Council Meeting No. 04-35
Tuesday, November 23, 2004
Page 3 of 12
4617-04.D BEING A BY-LAW to to exempt (pg. 115)
Lot 2 and Block 10 on Registered
Plan 65M-3705, in Aurora, from
the Part Lot Control provisions as
provided in subsection 50 (5) of
the Planning Act, R.S.O. 1990,
c.P.13 (as amended).
(Sierra Homes (Aurora) Inc., File
D12PLC-13-04)
4618.04.0 BEING A BY-LAW to (pg. 116)
confirm actions by Council
resulting from the meeting of
November 23, 2004.
Xll 1N CAMERA
Legal and Personnel Matters
RECOMMENDED:
THAT Council proceed In Camera to address Legal and Personnel
matters.
X111 ADJOURNMENT
Council Meeting No. 04-35
Tuesday, November 23, 2004
AGENDA ITEMS
1. PL04-124 — Ministry Approval of OPA 48 (Town of Aurora Oak
Ridges Moraine Conformity Amendment)
RECOMMENDED:
Page 4 of 12
(pg• 1)
THAT Report PL04-124 pertaining to the Ministry approval of OPA 48
(Town of Aurora Oak Ridges Moraine Conformity Amendment) be
received as information; and
THAT staff prepare a new consolidated Official Plan to incorporate the
approved Official Plan Amendment No. 48 as modified.
2. PL04-126 — Application for Exemption from Part Lot Control (pg. 33)
Owner: Sierra Homes (Aurora) Inc.
Agent: J.D. Barnes Ltd.
Plan 65M-3705 — Lot 2 and Block 10
Burgon Place
File Number D12-PLC-13-04
RECOMMENDED:
THAT Council approve the request for exemption from Part Lot Control
made by J.D. Barnes, on behalf of Sierra Homes, to divide Lot 2 and Block
10 on Registered Plan 65M-3705 at Burgon Place, into separate lots; and
THAT Council enact By-law 4617-04.D.
3. LS04-59 — Aurora Seniors Association — Naming Rights (pg. 37)
RECOMMENDED:
THAT Council receive the following as information.
4. General Committee Meeting Report No. 04-23 (pg. 46)
Tuesday, November 16, 2004
RECOMMENDED:
THAT the Report of the General Committee Meeting No. 04-23 be
received and the recommendations carried by the Committee be adopted.
Council Meeting No. 04-35
Tuesday, November 23, 2004
Page 5 of 12
5. TSAB04.24 — November 10, 2004 Traffic Safety Advisory Board (pg. 51)
Meeting
RECOMMENDED:
1. THAT the Committee Record of the Traffic Safety Advisory Board Meeting
held on November 10, 2004 be received as information; and
2. Report No. TSAB04-022 — Speeding Concerns on McClenny Drive.
THAT multi -way stop sign control not be installed at the intersection of
McClenny Drive and Wardle Gate; and
THAT a centreline and edgeline be installed on McClenny Drive from
house #25 to house #41 to help guide motorists around the bend; and
THAT a letter be sent to Mr. And Mrs. Grandin with the TSAB's
recommendations.
3. Report No. TSAB04-023 — Dunning Avenue — Proposed Stopping and
School Bus Loading Zone Prohibitions.
THAT stopping be prohibited at anytime on the south side of Dunning
Avenue from a point 9 meters east of Cameron Avenue to a point 169.5
meters east of Yonge Street; and
THAT stopping be prohibited from 8:OOa.m. to 4:OOp.m., Monday to Friday
on the north side of Dunning Avenue from a point 75.6 meters east of
Yonge Street to a point 107 meters east of Cameron Avenue; and
THAT a School Bus Loading Zone be implemented from 2:30p.m. to
3:30p.m., Monday to Friday, September 1 to June 30 on the south side of
Dunning Avenue from a point 70 meters east of Yonge Street to a point
169.5 meters east of Yonge Street and from a point 35 meters east of
Cameron Avenue to a point 60 meters east of Cameron Avenue; and
THAT the Clerks Department be requested to introduce the necessary by-
laws to implement the above recommendations; and
THAT a letter be sent to all affected residents and to Dr. G. W. Williams
High School with the TSAB's recommendations.
4. November 2, 2004 memorandum from the Traffic/Transportation Analyst
regarding Pedestrian Safety Concerns at the Intersection of Crawford Rose
Drive and Autumn Way.
THAT no further traffic control measures be implemented at the Crawford
Rose Drive and Autumn Way intersection at this time; and
Council Meeting No. 04-35
Tuesday, November 23, 2004
Page 6 of 12
THAT the York Regional Police increase enforcement of the posted
40km/hr speed limit on Crawford Rose Drive; and
THAT a letter be sent to Mr. Ian Bryan with the TSAB's recommendations.
5. October 18, 2004 email from Ms. Penny DePiero requesting for multi -way
stop signs at the intersection of Willis Drive and Petch Crescent.
THAT staff be requested to conduct a multi -way stop sign analysis at the
Willis Drive and Petch Crescent intersection in spring 2005; and
THAT a letter be sent to Ms. Penny DePiero with the TSAB's
recommendation.
6. November 4, 2004 letter from Ms. Lara Pietrolungo regarding parking
concerns on Rush Road.
THAT the November 4, 2004 letter from Ms. Lara Pietrolungo regarding
parking concerns on Rush Road be referred to staff; and
THAT staff be requested to monitor parking on Rush Road and report
back to the TSAB in December; and
THAT a letter be sent to Ms. Lara Pietrolungo with the TSAB's
recommendations.
6. EAC04-06 November 8, 2004 Environmental Advisory (pg. 59)
Committee Meeting
RECOMMENDED:
1. THAT the Committee Record of the Environmental Advisory Committee
Meeting 04-06, held on November 8, 2004 be received for information; and
2. LSO4-052 — Tree Cutting Permit Application
(referred from October 19, 2004, General Committee)
THAT based on the justification in the permit application by Magna
Entertainment Corporation, specifically reasons 14 A and D, the
Environmental Advisory Committee recommends that consideration of the
permit be deferred until future development on the lands is brought
forward to Council through a formal development or site plan process; and
THAT, should the permit application be issued, the committee
recommends that Council require a Replacement 'Tree Planting Plan and
Tree Preservation Plan from Magna Entertainment Corporation, which
should be prepared to the satisfaction of the Town's Parks staff.
Council Meeting No. 04-35 Page 7 of 12
Tuesday, November 23, 2004
3. Prioritization of the Draft Goals and Objectives
(deferred from October 18, 2004)
THAT the Environmental Advisory Committee refer the prioritization of the
draft goals and objectives to the various Sub -Committees, and that the
Sub -Committees report back on suggestions for their goals and objectives
at a future Environmental Advisory Committee meeting.
4. Mission Statement
THAT the first task of the Public Awareness/Education Sub -Committee be
to determine the best means of communicating the Environmental
Advisory Committee mandate to the public, incorporating and reflecting on
the goals and objectives that are determined by each of the Sub -
Committees.
5. Correspondence from Sandra Malcic
Re: York Region EAC Forum
THAT correspondence from Sandra Malcic of York Region dated October
19, 2004, and November 8, 2004, Re: York Region EAC Forum be
received; and
THAT Sue Walmer act as the spokesperson at the York Region EAC
Forum on November 30, representing the Aurora Environmental Advisory
Committee.
6. Media Release — York Region Passes By -Laws to Comply With
Michigan Waste Regulations
THAT the Regional By-laws dealing with Solid Waste Management be
referred to the Public Awareness/Education and Waste Management Sub -
Committees for information purposes and any long term follow up and/or
action.
7. Media Release —York Region and Local Businesses Clean Up Litter
THAT the York Region Media Release dated October 28, 2004, titled York
Region and Local Businesses Clean Up Litter be received; and
THAT Sue Walmer follow up with the Region about the Litter Prevention
Strategy for participation by the Town of Aurora next year.
8. Media Release — Province Acts to Keep Electronics From Landfills
THAT the Ministry of the Environment News Release dated October 26,
2004, titled Province Acts to Keep Electronics From Landfills be received
and supported in principle; and
Council Meeting No. 04-35
Tuesday, November 23, 2004
Page 8 of 12
THAT the Ministry of the Environment be advised that the Environmental
Advisory Committee supports the initiative, in principle, to keep electronics
from landfills.
9. Places to Grow. A Growth Plan for the Greater Golden Horseshoe
THAT the verbal update from Councillor Gaertner regarding the Places to
Grow, A Growth Plan for the Greater Golden Horseshoe be received; and
THAT Councillor Gaertner draft a memo to the Environmental Advisory
Committee's outlining her concerns and offering suggestions for the
committee to make comment regarding the 2C Lands not being
designated or protected; and
THAT the memo will be reviewed by the Committee at the next meeting of
the Environmental Advisory Committee.
7. EDAC04-05 November 17, 2004 Economic Development (pg. 70)
Advisory Committee Meeting
RECOMMENDED:
1. THAT the Committee Record of the Economic Development Advisory
Committee Meeting 04-05 held on November 17, 2004 be received as
information; and
2. Memorandum from the Economic Development Officer - Development of
the Town's Marketing Logo — Update re: Public Information Meeting
THAT the Memorandum from the Economic Development Officer -
Development of the Town's Marketing Logo — Update re: Public
Information Meeting be received for information.
3. ADM04-003 — Economic Development Focused Print Advertisement for
the Town of Aurora
THAT the Economic Development Advisory Committee endorse the
development of new economic development focused promotional print
advertisements, by the Economic Development Officer in conjunction with
the Marketing/Communications Co-ordinator, for the Town of Aurora for
use in marketing publications.
4. ADM04-004 — An Update on Aurora's Economy
THAT the Economic Development Advisory Committee receive, for
information, report ADM04-004 entitled 'An Update on Aurora's Economy'.
Page 9 of 12
Council Meeting No. 04-35
Tuesday, November 23, 2004
8. LSAC04-06 November 11, 2004 Leisure Services Advisory (pg. 76)
Committee Meeting
RECOMMENDED:
THAT the Committee Record of the Leisure Services Advisory Committee
Meeting, held on November 11, 2004, be received for information; and
Report LS04-057, Library Square — Next Steps
Percentage of Cost Recovery Required
THAT the recovery rate from the user groups be at least 100% plus a
Return on Investment, the amount of which will be determined by staff.
Responsibility for Upgrades and Renovations
THAT the Town of Aurora bring the outside of the former Library and
Seniors' Centre to a basic Building Code standard in order that it may be
leased; and
THAT the Town of Aurora negotiate leasehold improvements with
prospective tenants.
Length of Lease Required
THAT the leases for the available space in Library Square be a minimum
of one (1) year and a maximum of five (5) years.
Type of User Groups
THAT the type of user considered by the Town of Aurora for leasing
and/or permitted use of the available space in Library Square be non-
profit, community based organizations within Aurora, with consideration
given to regional organizations using a value matrix.
Availability of Space
THAT the Director of Leisure Services be authorized to advertise, at a
future date once the costs are determined, for Expression of Interest for
potential lease space of up to 20,000 square feet in the former Library and
the present Seniors' Centre; and
THAT the advertisement indicate date of availability, as well as costs; and
THAT the respondents indicate their needs for the space,
Council Meeting No. 04-35 Page 10 of 12
Tuesday, November 23, 2004
Status of Existing Users
THAT all appropriate groups be given equal opportunity to lease the
available space.
Pricing Policy, discussion on subsidization levels
THAT the Pricing Policy be deferred to the next Leisure Services Advisory
Committee meeting.
9. AHC04-06 — November 8, 2004 Aurora Heritage Committee (pg. 85)
Meeting
RECOMMENDED:
1. THAT the Committee Record of the Aurora Heritage Committee Meeting
held on November 8, 2004 be received for information; and
2. THAT Heritage Committee recommends that does not have any
objections to the proposed commercial development of the property
known as 669 Wellington St. E., including the removal of the existing
house, and that the owner be requested to erect a plaque which provides
a brief history and heritage of the property, and that the design of the
plaque be submitted to the Heritage Committee for approval prior to its
installation; and
3. THAT the Heritage Committee recommends that the original elevation
design for the front of the house at 14996 Yonge St. be approved; and
4. THAT Heritage Committee advise the Committee of Adjustment that it has
concerns with the architectural style that has been proposed for the
addition at 37 Connaught Ave. and requests that the applicant meet with
the Heritage Committee at the next meeting to discuss the details of the
proposal; and
5. THAT the Director of Corporate Services meet with the Olde Aurora
Ratepayers Association in order to assist with the drafting of a revised
document/survey that could be circulated to the residents within the
heritage district study area; and
6. THAT Ms. Jacqueline Stewart be nominated to the Ontario Heritage
Foundation as candidate under the category of Cultural Heritage for her
contributions over the years with the Aurora Historical Society; and
Council Meeting No. 04-35
Tuesday, November 23, 2004
Page 11 of 12
7. That the request for the erection of a plaquing in front of the old library be
received and deferred until the Leisure Services Committee and Council
has had an opportunity to confirm the long term use of the facility, and
once the decision has been made that the matter be brought back to the
Heritage Committee for further discussions on the erection of a plaque.
10. Correspondence from Councillor Morris (pg. 92)
Re: E-mail from Cornelia Cassell, Resident, regarding the
Change of Address for the Town Hall
RECOMMENDED:
THAT the correspondence be received as information.
11 Correspondence from Councillor Morris (pg. 94)
Re: In -Camera Add-ons
RECOMMENDED:
THAT Council provide direction on this matter.
12 Correspondence from Councillor Morris (pg. 97)
Re: E-mail from Karen Kantaroff, Resident, regarding Amendments
to the Procedural By-law
RECOMMENDED:
THAT the correspondence be received as information.
13. Resolution from Councillor Wallace (pg. 98)
Re: Town Hall Square
(Notice of Motion was given at November 9, 2004 Council)
RECOMMENDED:
THAT Council provide direction on this matter.
Council Meeting No. 04-35 Page 12 of 12
Tuesday, November 23, 2004
14. TR04-020 — Temporary Borrowing By-law (pg. 99)
RECOMMENDED:
THAT the Mayor and the Director of Finance/Treasurer be authorized to
borrow from time to time until the property taxes are collected, such sums
as the Council considers necessary to meet the current expenditures of
the Corporation for the year in accordance with the Section 407 of the
Municipal Act, 2001, S.O. 2001 c. 25 as amended; and
THAT except with the approval of the Ontario Municipal Board (OMB) the
total amount borrowed at any one time plus outstanding amounts of
principal borrowed and accrued interest shall not exceed,
a) From January 1 to September 30 in the year, 50 per cent of the
total estimated revenues of the municipality as set out in the budget
adopted for the year; and
b) From October 1 to December 31 in the year, 25 per cent of the total
estimated revenues for the municipality as set out in the budget
adopted for the year; and
THAT By-law Number 4424-03.F be repealed; and
THAT Council enact By-law 4613-045 authorizing temporary borrowing
by the Corporation pending the receipt of Municipal revenues pursuant to
Section 407 of the Municipal Act, 2001, S.O. 2001 c. 25 as amended.
Nov 10 04 03:17p Jahn Jeffs @ PPM 905 727 7041 0.1
COUNCIL - NOVEMBER 23, 2004
Delegation (a)
Nov. is; 2004
Attn: Bob Pani=a
Fax#1905 726-4732
Dear Sir:
I would respectfully request delegate status at the council meeting of November 23, 2004,
1 would like to take a few moments on the Town Hall address change.
Yours very truly,
D-1
COUNCIL - NOVEMBER 23, 2004
AGENDA ITEM # 1
TOWN OF AURORA
COUNCIL REPORT No. PL04-124
SUBJECT: Ministry Approval of OPA 48 (Town of Aurora Oak Ridges Moraine
Conformity Amendment)
FROM: Susan Seibert, Director of Planning
DATE: November 23, 2004
RECOMMENDATIONS
THAT Report PL04-124 pertaining to the Ministry approval of OPA 48 (Town of
Aurora Oak Ridges Moraine Conformity Amendment) be received as information;
and
THAT staff prepare a new consolidated Official Plan to incorporate the approved
Official Plan Amendment No. 48 as modified.
BACKGROUND
In November 2001 the Province introduced Bill 122, being an Act entitled The Oak Ridges
Moraine Conservation Act 2001. This legislation provided the underlying authority to
establish an overall Oak Ridges Moraine Plan. In April 2002, the Oak Ridges Moraine
Conservation Plan was established by Provincial Regulation (Ontario Regulation 140102).
Through the Oak Ridges Moraine Conservation Act, 2001, and the accompanying Oak
Ridges Moraine Conservation Plan (ORMCP), the Province of Ontario established a policy
framework for protecting the Oak Ridges Moraine. Municipal planning decisions are
required to conform to the Oak Ridges Moraine Conservation Plan, which prevails over
municipal official plans. Under the Oak Ridges Moraine Conservation Act 2001,
municipalities were given eighteen months from the time the Oak Ridges Moraine
Conservation Plan was filed as a regulation to prepare Official Plan Amendments and
Zoning By-law Amendments, which conform to, and implement the Oak Ridges Moraine
Conservation Plan.
On October 22, 2003 Council adopted Official Plan Amendment No. 48 and By-law 4469-
04.D being the Town of Aurora's Oak Ridges Moraine Conformity Amendments.
On February 19, 2004 the Minister provided the Town with a letter and list of modifications
that Ministry staff are proposing be included in the Amendment when it is approved.
On March 23, 2004 the proposed modifications were presented to Committee and the
following resolution was passed:
-1-
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 .2- Report No. PL04-124
THAT the Ministry of Municipal Affairs be advised that the Council of the Town
of Aurora supports the modifications to OPA 48 as proposed by the Province
with the following exceptions:
THAT Council not support modification #s 10g, 11d, 11f and 13a, as identified
within Appendix 1; and
THAT Council support the approval of modification #s 5, 6, 8d, Be, 1 Oe, 12b,
12h, 12i, 12k and 16d as identified within Appendix 1 with minor rewording to
improve clarity which may require further discussions with the Province; and
THAT further discussion take place with the Ministry of Municipal Affairs
respecting proposed modification #s 11c, 11e, and 11g as identified within
Appendix 1; and
THAT, with respect to the communication that the Town of Aurora has received
from the Ministry of Municipal Affairs, Item 18 (Loukras) and Item 1 Ob, Council
accept the Ministry's proposed policy and the conditions of compliance; and
THAT staff continue to work with Ministry staff to finalize the details of the
modifications and have Amendment 48 approved expeditiously as possible.
COMMENTS
The Minister of Municipal Affairs and Housing has approved, with modifications, Official
Plan Amendment No. 48 being the Town's Oak Ridges Moraine Conformity Amendment.
The approval date was October 21, 2004 with the notice date being November 2, 2004.
The modifications are basically as outlined within Planning Report PL04-031 which was
presented to Council on March 23, 2004. The attached Appendix 2 details how the
approved modifications by the Province addressed the issues raised by staff within
Planning Report PL04-031.
The above noted approval pertains to all lands on the Oak Ridges Moraine, save and
except, the portion of the "Alpen House" lands shown on Appendix 3. The Minister did not
make a decision on this portion of the "Alpen House' lands and will refer such decision to a
hearing officer. The nature of this referral is that this portion of the "Alpen House" lands is
"Countryside Area" within the Oak Ridges Moraine Conservation Plan and "Alpen House"
has indicated that the lands should be "Settlement Area" with the underlying permissions
associated within OPA 20.
OPA 48 as approved meets the goals of the Town while implementing the policies of the
Oak Ridges Moraine Conservation Plan. The maps associated with OPA 48 clearly detail
the transitional applications and the watercourse information in the settlement area has
—2—
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 - 3 - Report No. PL04-124
been updated based on the most current data available. The Official Plan of the Town will
be consolidated to include the mapping and text of OPA 48 as approved.
OPTIONS
N/A
FINANCIAL IMPLICATIONS
The Town is incurring the expense of the conformity exercise both in consulting fees and
significant staff involvement.
CONCLUSIONS
The approved modifications to OPA 48 are in general accordance with draft modifications
that were presented to Council within Planning Report PL04-031 on March 23, 2004. The
concerns identified with the draft modifications have been addressed, within the approved
modifications, to the satisfaction of Staff. As previously noted on October22, 2003 Council
adopted Official Plan Amendment No. 48. This purpose of OPA 48 is to bring the Town of
aurora Official Plan into conformity with the Oak Ridges Moraine Conservation Plan. The
Minister of Municipal Affairs and Housing is the approval authority for OPA 48. The
Minister provided draft modifications for Staff and Council review in February 2004 and for
the most part the Ministry comments supported OPA 48 as adopted by Council with some
minor changes. Staff then continued to work with the Ministry and this process was
successful in achieving an approved amendment that meets the goals of the Town and will
implement the Oak Ridges Moraine Conservation Plan.
As noted previously the Minister will appoint a hearing officer to conduct an hearing and
make written recommendations pertaining to the referral on the "Alpen House" lands.
The modifications as approved are difficult to interpret as they have not been consolidated
into the Official Plan of the Town of Aurora. Staff will have to modify the Official Plan to
include OPA 48 as modified in orderto aid in the interpretation and implementation of such
policies. This consolidation will involve significant text and mapping updates to the Official
Plan. However, prior to such consolidation staff will update OPA 48 as a stand alone
document to include the approved modifications. This document should be ready for public
distribution within a few weeks.
In addition the Oak Ridges Moraine conformity process required Staff to update both the
Official Plan and Zoning Maps from paper maps to computer based GIS maps and these
updates have greatly benefited all departments of the Town and the Public.
The Ministry has not approved by-law 4469-03.D being the Oak Ridges Moraine conformity
by-law. Staff will prepare a report to Council pertaining to the by-law upon approval by the
—3—
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 - 4 - Report No. PL04-124
Ministry. It is not anticipated that this approval will occur until early in 2005.
LINK TO STRATEGIC PLAN
The Strategic Plan goals include conserving the Town's natural and cultural heritage. The
protection of the Oak Ridges Moraine reflects the protection and enhancement of the
Town's natural resources.
ATTACHMENTS
Appendix 1 —Approved modifications
Appendix 2 — Details on the modifications
Appendix 3 — Location of "Alpen House" lands
PRE -SUBMISSION REVIEW
Management Team Meeting — November 17, 2004
Prepared by. Jim Kyle, Manager of Policy Planning
Ext. 4345
Sppan 00bert, MC1P, RPP
O fector of Planning
—4—
COUNCIL - NOVEMBER 23, 2004
APPENDIX 1
File No.: 19-AOM-0026-0347
Municipality: Town of Aurora (OPA
48)
Subject Lands: Town of Aurora -Oak
Ridges Moraine
Date of Decision: October 21, 2004
Date of Notice: November 2, 2004
NOTICE OF DECISION
With respect to an Official Plan Amendment
Subsection 10(9) of the Oak Ridges Moraine Conservation Act, 2001
A decision was made on the date noted above to approve with modifications Official Plan
Amendment No. 48 to the Official Plan for the Town of Aurora as adopted by By-law 4468-03.D.
A non -decision is also being made to a site specific property in the Town(See Minister's
Decision Page).
Purpose and Effect of the Official Plan Amendment
The Official Plan Amendment No. 48 has the effect of bringing the Town of Aurora's official plan
into conformity with the Oak Ridges Moraine Conservation Plan. The amendment does the
following:
Introduces new land use and resource management policies consistent with those under the
Oak Ridges Moraine Conservation Plan;
1. Introduces new land use and resource management policies consistent with those under
the Oak Ridges Moraine Conservation Plan;
2. Introduces and/or amends applicable Schedules in the Town's official plan in order to
recognize the Oak Ridges Moraine boundary and Plan Area, the applicable land use
designations, key natural heritage features, landform conservation areas, high aquifer
vulnerability areas and wellhead protection areas;
3. Include specific planning, design and development requirements and/or restrictions to
guide development and site alteration within specific areas within the Town.
A copy of the decision is attached.
When the Decision is Final
The decision of the Minister of Municipal Affairs and Housing is final and there is no opportunity
to appeal.
Requests for Hearings Officer
Section 8(b) of the Oak Ridges Moraine Conservation Act, 2001 allows the Minister to appoint a
hearing officer to conduct a hearing and provide written recommendations. For Official Plan
Amendment No. 48, 6 requests have been received, of which one will be considered for a
hearing officer. The hearing officer, once appointed, shall fix the time and place for the
hearing, and require that notice be given to the prescribed persons and1650. 0kVICES DEFT.
COPIES CIRCULATED TO:
C.A.O.
Dir. Of Building Admin.
— Fire Chief
Dir. Of Leisure Services
COUNCIL - NOVEMBER 23, 2004
Other Related Applications:
Town of Aurora Oak Ridges Moraine Zoning By-law Amendment 4469-03.0.
Getting Additional Information
Additional information about the Minister's decision is available for public inspection during
regular office hours at the Ministry of Municipal Affairs and Housing at the address noted below:
Municipal Services Office - Central Region
777 Bay St 2nd Fir .
Toronto ON M5G 2E5
Contact: David Sit, Senior Municipal Planning Advisor.
Tele: (416) 585-6583
Fax: (416) 585-6882
IM.
COUNCIL - NOVEMBER 23, 2004
INDIVIDUALS TO BE NOTIFIED OF DECISION:
1. Denis Kelly
Regional Clerk
17250 Yonge Street
Newmarket, Ontario
L3Y 6Z1
2. Bob Panizza
Clerk
Town of Aurora
100 John West Way
Aurora, Ontario
L4G 6J1
3. Terri Fancy
Ministry of Natural Resources
Aurora District
4. Ray Valaitis
Ministry of Agriculture and Food
5. Lori Byers
Ministry of Environment
Central Region
6. Joe Perrotta
Ministry of Transportation
Central Ontario
7. Quinto M. Annibale
Loopstra Nixon LLP
Barristers and Solicitors
Woodbine Place
135 Queens Plate Drive, Suite 600
Toronto, Ontario
M9W 6V7
8. Michael McQuaid
WeirFoulds
Barristers & Solicitors
The Exchange Tower, Suite 1600
P.O. Box 480, 130 King Street West
Toronto, Ontario, M5X 1J5
9. Mark Flowers
Davies Howe Partners
99 Spadina Avenue, 5ch Floor
Toronto, Ontario
M5V 3P8
—7—
COUNCIL — NOVEMBER 23, 2004
10. Chris Barnett
Davis & Company
1 First Canadian Place, Suite 5600
P.O. Box 367
100 King Street West
Toronto, Ontario
M5X 1 E2
11. Stanley B. Stein
Osler Hoskin & Harcourt
1 First Canadian Place
Toronto, Ontario, M5X 1 B8
12. Michael Manett Planning Services Limited
27 Leameadon Road
Thornhill, Ontario
L4J 8R6
13. Kevin Kennedy
Manager
Lake Simcoe Region Conservation Authority
120 Bayview Parkway
Box 282
Newmarket, Ontario
UY 4X1
sm
COUNCIL — NOVEMBER 23, 2004
DECISION
With respect to Official Plan Amendment # 48
Subsection 10(9) of the Oak Ridges Moraine Conservation Act, 2001
I hereby approve Official Plan Amendment # 48 to the Official Plan for the Town of
Aurora adopted by By-law No. 4468-03.D, subject to the following modifications:
1. Item 1.2, Schedule K, (p. 2), is modified by deleting the word "Areas" after
"Hydrologically Sensitive" and replacing it with "features".
2. Item 1.2, Schedule "M", (p. 2), is modified by deleting the words "Aquifer
Vulnerability Areas" and replacing them with "Areas of High Aquifer
Vulnerability".
3. Item 2, Section 3.0 Oak Ridges Moraine Policies, (p. 3), is modified by
adding the following sentence at the end of the paragraph:
"with the exception of policies that apply to agricultural uses, mineral
aggregate operations and wayside pits."
4. Item 40, Section 3.13.1 General Policies, subsections b) and d), (p. 12), is
modified by adding the following sentence at the end of each paragraph:
"with the exception of policies that apply to agricultural uses, mineral
aggregate operations and wayside pits."
5. item 40, Section 3.13.1 General Policies, subsection e), (p. 12), is modified
by deleting the last sentence in its entirety beginning with "Minor
adjustments...."
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COUNCIL — NOVEMBER 23, 2004
6. Item 40, Section 3.13.2 Transitional Policies, subsection b), (p. 13) is
deleted in its entirety and replaced with the following new subsections:
"b) All applications, as defined under the Oak Ridges Moraine Conservation
Act, 2001, which commenced on or after November 17, 2001 are
required to conform with the Oak Ridges Moraine Conservation Plan.
c) Applications in Natural Core, Natural Linkage or Countryside Areas, that
were commenced but were not decided prior to November 17, 2001, as
defined in the Oak Ridges Moraine Conservation Act, 2001 are required
to conform to the prescribed provisions under Section 48 of the ORMCP.
d) Applications in Natural Core and Natural Linkage that were commenced and
decided before November 17, 2001 as defined in the Oak Ridges Moraine
Conservation Act, 2001 are not subject to the provisions of the ORMCP
provided that the use, building or structure for which the application was
intended, is legally existing as of the date of adoption of this Plan.
e) Notwithstanding policies b, c and d above, where a planning application is
submitted after November 17, 2001 as a direct result from a condition
attached to a provisional consent, a draft plan of subdivision or a draft plan of
condominium, such an application shall be completed under the same
system in effect as the original approval in accordance with Section 17(1) of
the Oak Ridges Moraine Conservation Act, 2001 (as amended by Bill 27, The
Greenbelt Protection Act, 2004). In addition, any development permission
established by such a further approval may be recognized in the local
municipal official plan and zoning by-law, as appropriate."
7. item 40, Subsection 3.13.3 g) III) Existing Uses and Prior Approval Policies,
p. 15), is modified by adding the word "and" after Subsections "3.13.4.f.iv" and
deleting "and 3.13.4.f.vi" in the third line.
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8. Item 40, Subsection 3.13.4 b)-Land Use Designations on the Moraine, (p.
16), is modified by deleting the words "Aquifer Vulnerability Areas" and replacing
them with "Areas of High Aquifer Vulnerability".
9• Item 40, Subsection 3.13.4 c) -Oak Ridges Moraine Natural Core Areas,
(10.16-20), is modified by the following:
a) Under subsection 1), adding the following sentence at the end;
"Additional purposes and objectives for Natural Core areas are also found in
Sections 11(1) and (2) of the Oak Ridges Moraine Conservation Plan."
b) Under subsection ii), add "3.13.4.c.viii" before "3.13.4.c.ix" and delete
"3.13.4.c.xi".
c) Delete subsection iv) in its entirety. Following subsections are also
renumbered.
d) In subsection v) (formerly subsection vi), add "as shown on Schedules
"M" and "N"" after the words "High Aquifer Vulnerability';
e) In subsection viii (formerly ix), delete "publicly initiated" in the second line
and delete "may be permitted if the following can be demonstrated" and
replace with "shall not be approved unless:";
f) In subsection viii) a) (formerly.ix) a)), add the words "has been
demonstrated" after the words "the need for the project"; delete the
remainder of the paragraph beginning with the words "For municipal
infrastructure....) and replace with "Need shall be met through the
Environmental Assessment Act, Planning Act, Condominium Act, Local
Improvement Act approval processes, or other applicable processes".
g) In subsection x (formerly xi), delete "Subsection 3.13.4.c.x" and replace with
"Subsection 3.13.4.c.ix" and delete "publicly initiated".
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COUNCIL — NOVEMBER 23, 2004
10. Item 40, Subsection 3.13.4 d) -Oak Ridges Moraine Natural Linkage Areas,
(p.20-24), is modified by the following:
a) Under subsection i), add the following sentence at the end of the paragraph:
"Additional purposes and objectives for Natural Linkage Areas are also found
in Sections 12(1) and (2) of the Oak Ridges Moraine Conservation Plan."
b) Under subsection ii), add "3.13.4.d.viii" before "3.13.4.d.ix" and delete
"3.13.14.d.xi"
c) Delete subsections iv) in its entirety. Following subsections are also
renumbered.
d) In subsection v) (formerly subsection vi), add "as shown on Schedules
"M" and "N"" after the words "High Aquifer Vulnerability";
e) In subsection viii) a) (formerly ix) a)), delete the remainder of the
paragraph beginning with the words "For municipal infrastructure....) and
replace with "Need shall be met through the Environmental Assessment Act,
Planning Act, Condominium Act, Local Improvement Act approval processes,
or other applicable processes".
f) Delete subsection xi) (formerly xii) in its entirety.
11. Item 40, Subsection 3.13.4 e) -Oak Ridges Moraine Countryside Area, (p.24-
27), is modified by the following:
a) Under subsection i), delete the words "residential development" in the third
line and by adding the following sentence at the end of the paragraph;
"Additional purposes and objectives for Countryside areas are also found in
Sections 13(1) and (2) of the Oak Ridges Moraine Conservation Plan."
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COUNCIL — NOVEMBER 23, 2004
b) Under subsection ii), add the word "unserviced" before the word "parks" in
the fourth line; and delete "greenhouses, nurseries, accessory and subsidiary
commercial and residential uses, churches and places of worship" in their
entirety;
c) In subsection III), add "as shown on Schedules "M" and "N"" after the words
"High Aquifer Vulnerability";
d) Delete subsection v) in its entirety. All following subsections are also
renumbered;
e) Under subsection vi (formerly vii), delete "Major recreational uses as
defined in Section 38, of the Oak Ridges Moraine Conservation Plan, and"
and replace with "Existing golf courses" and add the following new sentence
at the end of the paragraph:
"New golf courses shall only be permitted by amendment to this plan and
such amendment shall be consistent with the policies of Official Plan
Amendment No. 48 and the Official Plan."
f) Under subsection vii (formerly viii), delete the preamble sections in its
entirety and replace it with the following:
"New lots may only be created in the Oak Ridges Moraine Countryside Area
for the following purposes listed below, and shall be in accordance with all
other relevant policies of this Plan including Section 3.13.5 to 3.13.12
inclusive."
g) Delete subsection viii) (formerly ix) in its entirety.
12. Item 40, Subsection 3.13.4 f) -Oak Ridges Moraine Settlement Area (p.27-
32), is modified by the following:
a) Under subsection 1), adding the following sentence at the end;
"Additional purposes and objectives for Settlement areas are also found in
Sections 18(1) and (2) of the Oak Ridges Moraine Conservation Plan."
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COUNCIL - NOVEMBER 23, 2004
b) In subsection III), add "as shown on Schedules W" and "N"" after the words
"High Aquifer Vulnerability';
c) Subsection iv) is deleted in its entirety. All subsequent subsection are to be
renumbered.
d) In subsection iv) (formerly v), add the words "(occupied or vacant)" after
the words "existing lot" in the second line; and add the "that would allow for
the establishment of a single residential dwelling and accessory uses" after
the words "was created"; delete the words "identified in Subsection
3.13.4.f.iv.d above"; and add the following sentence at the end of the
paragraph:
"In addition to the above, best efforts will also be made by the Town to
ensure that the single residential dwelling and accessory uses are also
located outside of the minimum vegetation protection zone if possible."
e) In subsection v) (formerly vi), add the word "residential" after the word
"where an existing" in the first line; and add "(occupied)" after the word 'lot"
in the second line; add "or its minimum vegetation protection zone" after
"significant woodland" in the third line; delete the remainder of the.section
beginning with the words "subject to compliance with Subsection
3.13.4.f.iv.a...." and replace with "provided that best efforts are made to
locate the use, building or structure outside of the woodland and the
minimum vegetation protection zone.".
f) Subsection ix) (formerly x) is deleted in its entirety and replaced with the
following:
"Notwithstanding the policies under Section 3.13.5 c), lands designated as
Settlement Area on Schedule "J", may have a minimum vegetation protection
zone greater than or less than that specified in the Table (Section 3.13.5.d) if
the provisions of the applicable official plan or zoning by-law have been
adopted on the basis of environmental studies or infrastructure planning,
including without limitation environmental assessments, infrastructure
servicing studies and master environmental servicing studies approved by
the Town. Refinements to the Schedules of the Official Plan to reflect the
minimum vegetation protection zones as approved by the Town for zoning
In
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COUNCIL - NOVEMBER 23, 2004
by-law amendments on the basis of the above mentioned studies will not
necessitate an amendment to the official plan."
h) Subsection xii) (formerly xiii) , add the word "in" after the words "utilities
uses shall be" in the first line.
13. Item 40, Subsection 3.13.5 Protecting Ecological and Hydrological Integrity
(p. 32-38), is modified as follows:
a) In part a), delete the words "Ministry of Natural Resources, and/or the
Ministry of Environment' and replace with "Province" and delete the word
"regarded" in the second line and replace with "consulted";
b) In part c), add the words "and minimum vegetation protection zone" after the
words "minimum area of influence" in the first line; add the letter "s" at the
end of the word "Column" in the second line; add the words "and 4" after the
number "3" in the second line; delete the third sentence in its entirety and
replace with the following:
"However, where lands are designated as Oak Ridges Moraine Settlement
area on April 22, 2002, a minimum vegetation protection zone greater or less
than that specified in the Table set out in subsection 3.13.5d of this Plan may
be permitted where the applicable official plan or zoning by-law were adopted
on the basis of environmental studies or infrastructure planning,
environmental assessments, infrastructure servicing studies or through
master environmental servicing plans approved by the Town. Refinements to
the Schedules of the Official Plan to reflect the minimum vegetation
protection zones as approved by the Town for zoning by-law amendments on
the basis of the above mentioned studies will not necessitate an amendment
to the Official plan."
Also, in the last line, delete "3.13.4.f.vi)".
c) In Part d), delete the words "clause 23(d)" in column 4 of Item 1 entitled
"Wetlands", and replace with "clause 23(1)(d)".
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COUNCIL — NOVEMBER 23, 2004
d) In Part e), modify the following:
I) Delete the words "fish habitat" in the second line;
ii) add the words "and fish habitat" after the words "significant portions of
the habitat of endangered, rare and threatened species" in the
seventh line;
III) add the following sentence at the end of the third sentence:
"Fish habitat on the Oak Ridges Moraine are to include but are not
limited to all hydrologically sensitive features with surface water
characteristics.";
IV) delete the last sentence in its entirety beginning with the words "Prior
to initiating...."
e) Under part f), modify the following:
i) add the words "fish habitat" after the words "and threatened species" in
the sixth line;
ii) add the sentence "and in the case of fish habitat, with the Department of
Fisheries and Oceans or its delegate" after the words "Ministry of Natural
Resources" in the eighth line.
f) Under part g), delete the word "as" in the fourth line and replace it with
"Including those uses".
g) Under part h), delete "and 3.13.4.f.vi)".
h) Under part m), in the Preamble, delete "publicly initiated"; insubsection i),
add the words "has been demonstrated" after the words "need for the
project"; and delete the remainder of the paragraph beginning with the words
"For municipal infrastructure....) and replace with "Need shall be met through
the Environmental Assessment Act, Planning Act, Condominium Act, Local
Improvement Act approval processes, or other applicable processes".
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COUNCIL - NOVEMBER 23, 2004
i) Under part n), delete the remainder of the paragraph starting with the fourth
sentence and replace with the following:
"The presence or absence of any hydrologically sensitive feature and the
definition of its boundaries on lands subject to a development of site
alteration application, and within 120 metres of the application, shall be
confirmed through environmental study in accordance with criteria provided
by the Province of Ontario. This environmental study shall be done on a site -
by -site basis, or through an appropriate study such as a watershed plan, or
hydrological evaluation in accordance with the policies of Section 26(4) of the
Oak Ridges Moraine Conservation Plan. Such study shall be undertaken by
the applicant, prior to any development or site alteration with respect to land
within the minimum area of influence that relates to the hydrologically
sensitive feature as set out in Column 3 of the Table- Key Natural Heritage
Features; Hydrologically Sensitive Features and Areas of Influence and
Minimum Vegetation Protection Zones of Subsection 3.13.5.d of this Plan."
j) Underpart p), add "including those uses specified in" after "Oak Ridges
Moraine Conservation Plan," in the last line.
k) Under part v), in the preamble, delete "publicly initiated"; in subsection i),
add the words "has been demonstrated" after the words "need for the
project'; delete the remainder of the paragraph beginning with the words "For
municipal infrastructure....) and replace with "Need shall be met through the
Environmental Assessment Act, Planning Act, Condominium Act, Local
Improvement Act approval processes, or other applicable processes".
14. Item 40, Subsection 3.13.6 Landform Conservation Areas (p. 39-40), is
modified as follows:
a) Under part a), delete the second sentence in its entirety;
15. Item 40, Subsection 3.13.7 Groundwater Protection (p. 40-42), is modified as
follows:
a) Delete "which may impact on the shallow aquifer" in the preamble and
replace with "in High Aquifer Vulnerability Areas".
0
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COUNCIL — NOVEMBER 23, 2004
b) Part a) is deleted in its entirety and replaced with the following:
"Watershed plans are comprehensive management strategies that seek to
understand the interconnection between terrestrial and aquatic components
of the natural system. In addition to achieving a better understanding of
overall ecosystem function, watershed plans support change through an
ecosystem based approach to land -use planning. These plans assist in the
management of land/water interactions and land -use planning decisions and
recommend how water resources are to be protected and enhanced in
relation to changing land uses.
It is Intended that watershed plans, including water budgets and conservation
plans shall be prepared by the Region of York in accordance with the
requirements outlined in Section 24 and 25 of the Oak Ridges Moraine
Conservation Plan. Upon completion, the Town shall incorporate into this
Official Plan by amendment, the applicable objectives and requirements of
the completed watershed plan or plans applicable to the Oak Ridges
Moraine."
c) In part e), delete the words "the latter of in the third line.
16. Item 40, Subsection 3.13.9 Sewage and Water Services (p. 44-45), is
modified as follows:
a) Under part c) add the following sentence at the end of the paragraph:
"Serious health or environmental concerns are to be determined by the local
Medical Officer of Health or other designated authority."
17. Item 40, Subsection 3.13.10 Transportation, Infrastructure and Utilities (p.
45-47), is modified as follows:
a) Under part a), delete "Subsections 3.13.4.c.ix, 3.13.4.c.x, 3.13.4.c.xi,
3.13.4.d.ix, 3.13.4.d.x, 3.13.4.d.xi" and replace with "Subsections
3.13.4.c.viii, 3.13.4.c.ix, 3.13.4.c.x, 3.13.4.d.viii, 3.13.4.d.ix, 3.13.4.d.x".
b) Under part b), delete "Subsections 3.13.4.c.ix; 3.13.4.c.x, and 3.13.4.c.xi"
and replace with "Subsections 3.13.4.c.viii, 3.13.4.c.ix, and 3.13.4.c.x".
10
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COUNCIL - NOVEMBER 23, 2004
c) Under part c), delete "Subsections 3.13.4.d.ix, 3.13.4.d.x, and 3.13.4.d.xi"
and replace with "Subsections 3.13.4.d:viii, 3.13.4.d.ix, and 3.13.4.d.x".
d) Under part e), the Preamble, delete "publicly initiated"; in subsection i), add
the words "has been demonstrated" after the words "need for the project";
delete the remainder of the paragraph beginning with the words "For
municipal infrastructure....) and replace with "Need shall be met through the
Environmental Assessment Act, Planning Act, Condominium Act, Local
Improvement Act approval processes, or other applicable processes".
18. Item 44, Subsection 4.14.1 (p. 49), is modified by deleting the second sentence
in its entirety.
19. Schedule 'A' Land Use Plan is deleted in its entirety and replaced by a new
Schedule 'A' attached.
20. Schedule 'J' Oak Ridges Moraine Conservation Plan Land Use Designation
Areas (Map 1 & 2) are deleted in their entirety and replaced with a new Schedule
'J' attached.
21. Schedule 'K' ORM Key Natural Heritage Features and Hydrologically Sensitive
Features (Map 1 & 2) are deleted in their entirety and replaced with a new
Schedule W attached.
22. Schedule `N' Oak Ridges Moraine Wellhead Protection Areas (Map 1 & 2) are
deleted in their entirety and replaced with a new Schedule 'N' attached.
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COUNCIL — NOVEMBER 23, 2004
Save and Except for:
1. Lands identified in RED on Schedule'A' Land Use Plan identified as the
"Alpen house lands"
Dated at Toronto this �f� of OCAS+ fZ , 2COV
12
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COUNCIL - NOVEMBER 23, 2004
Appendix 2
The following provides .an outline of the suggested modifications that were a
concern to Staff and Council on March 23, 2004 and how the issues have been
addressed within the approved modifications:
Planning Report PL04-031 provided comments on the proposed provincial
modifications to OPA 48. The proposed modifications of concern were broken
down into the following categories:
• Modifications that Council should not support.
• Modifications that were supported provided some minor wording
changes were made.
• Modifications that warranted further discussions.
• Modifications that Council provide a position on.
Modifications that Council should not support
THAT Council not support modification #s 10g, 11d, 11f and 13a.
(proposed Ministry additions are shown in underline and deletions are
shown in stdkethreugh)
Modification 10g - Section 3.13.4e viii
.y
- - -
--
- --
--
--
--
- - -
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COUNCIL — NOVEMBER 23, 2004
The Ministry modifications deleted this section entirely and Staff did not support
this modification as the text was taken directly from the ORMCP. However in
discussions with the Ministry it was determined that this wording was not deleted
but just moved to the general provisions section of the amendment and as such
there are no concerns with this modification.
Modification 11d - Section 3.13.4f v
Notwithstanding any other policies of this Plan to the contrary, where an
existing lot (occupied or vacant) was created that would allow for the
establishment of a single residential dwelling and accessory uses, prior to
November 15, 2001, and the lot is not located within a key natural heritage
feature or a hydrologically sensitive feature, then for the purposes of the
ecological integrity test identified in Subsection 3.13.4.f.iv.d above, such
ecological integrity test shall have been deemed to have been fully
assessed and satisfied through the background studies, analysis, and
review process which occurred through the respective subdivision
approval, consent approval or other lawful lot creation process. In addition
to the above best efforts will also be made by the Town to ensure that a
single residential dwelling and accessory uses are also located outside of
the minimum protection zone if possible.
Staff had concerns with the changes to this policy which limited the flexibility
clause in settlement areas to residential dwelling only and thus would require
expansions to industrial and commercial to undertake Natural Heritage
Evaluations to satisfy ecological integrity tests. The Ministry however agreed to
change policy 3.13.4 f vii to allow site plans for industrial and commercial uses to
proceed without the requirement to complete a Natural Heritage Evaluations,
provided no KNHF's are located on the site, which satisfies the concerns of staff.
Modification 11f — Section 3.13.4f viii
Notwithstanding any other policies of this Plan to the contrary, where
lands are within the Oak Ridges Moraine Settlement Area as shown on
Schedule "J", and do not include a key natural heritage feature, or a
hydrologically sensitive feature
a of influenee, then an application for site plan
approval, under Section 41 of the Planning Act, is not required to comply
with any provisions of the Oak Ridges Moraine Conservation Plan.
However, site plan approval may be required to comply with other
provisions of this Plan or other policies of the Town of Aurora.
As noted above the Ministry agreed to remove the strikeout portion of this section
in accordance with the ORMCP. Staff is satisfied with the approved modification.
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COUNCIL - NOVEMBER 23, 2004
Modification 13a - Section 3.13.6a
Staff were concerned that with the scale of the maps within the Official Plan,
however the Ministry has indicated that the conformity Official plan will be
supplemented by the By-law mapping. Staff are satisfied that the by-law provides
sufficient detail to address the concerns pertaining to mapping inaccuracies.
Modifications that were supported provided some minor wording changes
were made
THAT Council support the approval of modification #s 5, 6, 8d, Be, 10e, 12b,
12h, 121, 12k and 16d with minor rewording to improve clarity which may
require further discussions with the Province.
Modification 5 —Section 3.13.1a
All of the policies of this Plan must be considered together, to determine
conformity. Individual policies should not be read or interpreted in
isolation. The boundaries between the land use designations shown on
the various Schedules to this Plan are approximate. Where the
boundaries are within the Oak Ridges Moraine Conservation Plan Area,
the precise boundary must be determined through reference to Ontario
Regulations 001/02 and 140/02. Minor .+.J'....tments may �J
be itted
V[iGI ll fIi[1.�7.
without ramendment, fITUGvvFw wv with the .............. ... this ..... ..
Staff were concerned that with the scale of the maps within the Official Plan,
however the Ministry has indicated that the conformity Official plan will be
supplemented by the By-law mapping. Staff are satisfied that the by-law provides
sufficient detail to address the concerns pertaining to mapping inaccuracies.
Modification 6 — Section 3.13.2.
All applications as defined under the Oak Ridges Moraine Conservation
Act 2001 which commenced on or after November 17, 2001 are required
to conform with the Oak Ridges Moraine Conservation Plan (ORMCP).
Applications in Natural Core Natural Linkage or Countryside Areas, that
were commenced but were not decided prior to November 17, 2001, as
defined in the Oak Ridges Moraine Conservation Act 2001 are required to
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COUNCIL — NOVEMBER 23, 2004
conform to the prescribed provisions under Section 48 of the ORMCP.
For reference purposes, Section 48 of the ORMCP is found in Appendix
"A" to this Plan.
Applications in Natural Core and Natural Linkage that were commenced
and decided before November 17, 2001 as defined in the Oak Ridges
Moraine Conservation Act, 2001 are not subject to the provisions of the
ORMCP provided that the use building or structure for which the
application was intended, is legally existing as of the date of adoption of
this Plan.
Notwithstanding policies b, c and d above, where a planning application is
submitted after November 17, 2001 as a direct result from a condition
attached to a provision consent, a draft plan of subdivision or a draft plan
of condominium, such an application shall be completed under the same
system in effect as the original approval in accordance with Section 170
of the Oak Ridges Moraine Conservation Act, 2001. In addition, any
development permissions established by such a further approval may be
recognized in the local municipal official plan and zoning by-law, as
appropriate.
The transitional wording section was agreed upon with the Region, Town and
Ministry.
Modification 8d and e — Section 3.13.4c viii
On lands within the Oak Ridges Moraine Natural Core Area designation,
publicly initiated transportation, infrastructure or utilities uses, may
permitted if the following can he de nstFa + shall not be approved
unless:
a. the need for the project has been demonstrated and that there is no
reasonable alternative;
shall he .de+efflnine.d through an Environmental Assessment n ess
under the C ntal Assessment A.e+ ...he.-.. pplieable Need
shall be met through the Environmental Assessment Act, Planning
Act, Condominium Act, Local Improvement Act approval processes
or other applicable processes:
Town staff supported this Section provided that the words publicly initiated were
removed and the Ministry has removed these words within the approved
modifications.
Modification 10e — Section 3.13.4e vi
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COUNCIL — NOVEMBER 23, 2004
Existing golf courses which existed on November 15, 2001, may be
permitted to expand or redesign a golf course facility in accordance with
the policies of Section 38, of the Oak Ridges Moraine Conservation Plan
on that portion of their lands which is designated Oak Ridges Moraine
Countryside Area. For reference purposes, the policies of Section 38
Oak Ridges Moraine Conservation Plan are found in Appendix "A" to this
Plan. New Golf Courses shall only be permitted by amendment to this plan
and such amendment shall be consistent with the policies of Official Plan
Amendment No. 48 and the Official Plan
Staff suggested the following rewording to add to the end of the section "New
Golf Courses shall only be permitted by amendment to this plan and such
amendment shall be consistent with the policies of Official Plan Amendment No.
48 and the Official Plan". The Ministry has agreed with this addition and added
such wording to the approved modifications.
Modification 12b - Section
The minimum area of influence and minimum vegetation protection
zone that relates to a key natural heritage features or a hydrologically
sensitive feature is described in Columns 3 and 4, of the Table, set out in
Subsection 3.13.5.d of this Plan. The policies of Section 21 (Minimum
Area of Influence and Minimum Vegetation Protection Zone) of the Oak
Ridges Moraine Conservation Plan shall be consulted when considering
and applying these minimum areas of influence and minimum vegetation
protection zones (Column 2 of the Table, set out in Subsection 3.13.5.d of
this Plan). However, where lands are designated as Oak Ridges Moraine
Settlement area on April 22, 2002, a minimum vegetation protection zone
less than that specified in the Table set out in subsection 3.13.5 d of this
Plan may be permitted where the applicable official plan or zoning by-law
were adopted on the basis of environmental studies or infrastructure
planning environmental assessment, infrastructure servicing studies or
through master environmental servicing plans approved by the Town. All
development and site alteration is prohibited within a key natural heritage
feature or hydrologically sensitive feature and their related minimum
vegetation protection zones as established, except as otherwise
provided for in Section 3.13.3, or as permitted by Subsections 3.13.4.c.xi,
3.13.4.d.xi, 3.13.4.f.iv, 3.13.4.f.v and Section 3.13.10 of this Plan.
Staff had some suggested minor wording changes to this modification that were
incorporated into the approved document as shown in underlining.
Modification 12h — Section 3.13.5m i
Notwithstanding the policies of Subsection 3.13.5.1 above, pub}iely
initiated transportation, infrastructure, and utilities uses may be
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COUNCIL — NOVEMBER 23, 2004
permitted to cross a key natural heritage feature if the following can be
demonstrated:
i the need for the project has been demonstrated and that there is no
reasonable alternative;
Need shall be met through the Environmental Assessment Act, Planning
Act, Condominium Act, Local Improvement Act approval processes or
other applicable processes;
Staff suggested that the words publicly initiated be deleted and the Ministry has
deleted such words.
Modification 12i — Section 3.13.5n
Hydrologically sensitive features as • on •
include permanent and intermittent streams, and
wetlands. Other
hydrologically sensitive features such as seepage areas and
springs have not been shown on Schedule "K". The location of
these features is to be identified using criteria established by the
Province, through
a WIN
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COUNCIL — NOVEMBER 23, 2004
The original modifications proposed to delete most of this policy as shown above
and staff had concerns that this would lead to confusion on interpretation of this
section. The Ministry has agreed and the approved modification includes the
suggested rewording to replace the section previously deleted as follows:
The presence or absence of any hydrologically sensitive feature
and the definition of its boundaries on lands subject to a
development or site alteration application, and within 120 metres of
the application, shall be confirmed, through environmental study in
accordance with criteria provided by the Province of Ontario. This
environmental study shall be done on a site -by -basis, or through an
appropriate study such as a watershed plan, or hydrological
evaluation in accordance with the policies of Section 26(4) of the
Oak Ridges Moraine Conservation Plan. Such study shall be
undertaken by the applicant, prior to any development or site
alteration with respect to land within the minimum area of influence
that relates to the hydrologically sensitive feature as set out in
Column 3 of the Table — Key Natural Heritage Features;
Hydrologically Sensitive Features and Areas of Natural and
Scientific Interest (Earth Science): Minimum Areas of Influence and
Minimum Vegetation Protection Zones of Subsection 3.13.5.d of
this Plan.
Modification 12k — Section 3.13.5v
Notwithstanding the policies of Subsection 3.13.5.0 above, publicly
initiated transportation, infrastructure, and utilities uses may be
permitted to cross a hydrologically sensitive feature if the following can be
demonstrated:
i the need for the project has been demonstrated and that there is no
reasonable alternative;
Need shall be met through the Environmental Assessment Act,
Planning Act, Condominium Act, Local Improvement Act approval
processes or other applicable processes;
Staff suggested that the words publicly initiated be deleted and the Ministry has
deleted such words.
Modification 16d —Section 3.13.10e
Notwithstanding the policies of Subsection 3.13.10.d 1AV11V
transportation, infrastructure, and utilities uses may be permitted to cross
a key natural heritage feature or a hydrologically sensitive feature if the
following can be demonstrated:
—27—
COUNCIL — NOVEMBER 23, 2004
the need for the project has been demonstrated and that there is no
reasonable alternative.
Need shall be met through the Environmental Assessment Act,
Planning Act, Condominium Act, Local Improvement Act approval
processes or other applicable processes;
Staff suggested that the words publicly initiated be deleted and the Ministry has
deleted such words.
Modifications that warranted further discussions
THAT further discussion take place with the Ministry of Municipal Affairs
respecting proposed modification #s 11c, 1le, and 11g
Modification 11c — Section 3.13.4f iv
.. _
IRON-
.�
j.
The Ministry modifications deleted this section entirely and Staff did not support
this modification as the text was taken directly from the ORMCP. However in
discussions with the Ministry it was determined that this wording was not deleted
but just moved to the general provisions section of the amendment and as such
there are no concerns with this modification.
IME
COUNCIL — NOVEMBER 23, 2004
Modification 1 le — Section 3.13.4f v (formerly 3.13.4f vi)
Notwithstanding Subsection 3.13.4.f.v above, where an existing
residential lot (occupied), created prior to November 15, 2001, is located
within a significant woodland or its minimum vegetation protection zone,
an accessory use, structural addition and/or site alteration may occur
provided that best efforts are made to locate the
use, :outside of the woodland and the
minimum vegetation protection zone.
nalude
This section was substantially modified to address concerns that staff had
pertaining to minor additions/alteration in the settlement area. The Ministry
agreed with the staff position on minor additions/alterations and staff are satisfied
with the policy as approved.
Modification 11 g - Section 3.13.4f x
—29—
COUNCIL — NOVEMBER 23, 2004
.11 . AllMM
•.
Notwithstanding the policies under Section 3.13.5 c), lands designated as
Settlement Area on Schedule "J", may have a minimum vegetation
protection zone greater or less than that specified in the Table (Section
3.13.5 d) if the provisions of the applicable official plan or zoning by-law
have been adopted on the basis of environmental studies or infrastructure
planning including without limitation environmental assessments,
infrastructure servicing studies and master environmental servicing
approved by the Town for zoning by-law amendments on the basis of the
above mentioned studies will not necessitate an amendment to the Official
Plan.
This section was substantially modified to address concerns that staff had
pertaining to previously approved situations in the settlement area and
applications that are approved bases on detailed environmental studies. The
Ministry agreed with the staff position and staff are satisfied with the policy as
approved.
Modifications that Council provide a position on
THAT Council determine its opinion in regards to the modifications # 18
pertaining the Loukras Lands and modification 10b
Modification 18
Loukras Lands
Lands Located on Part of Lot 15, Concession 2 (municipally known as
14425 Bayview Avenue — Loukras Lands) are to be redesignated from
"Oak Ridges Moraine Countryside Area" to "Suburban Residential' to
reflect the Ontario Municipal Board Decision on September 12, 2003.
These change proposed by the Ministry is highlighted on the attached
Figure 1.
OPA 48 as approved by the Ministry designates the Loukras lands as
"Settlement Area/Suburban Residential" except for the valley lands which
continue to be designated "Natural Linkage Areas". This modification was
supported by Council.
—30—
COUNCIL — NOVEMBER 23, 2004
Modification 10b — Section 3.13.4e ii
Where lands are shown as Oak Ridges Moraine Countryside Area on
Schedule "A", the uses permitted shall include fish, wildlife and forest
management; conservation projects and flood and erosion control
projects; golf courses and unserviced parks in accordance with the
applicable provisions of the Oak Ridges Moraine Conservation Plan;
agricultural uses; greenhouses; .....__.:es; aGGessoFy and subsidiary
GernFneFGmal d residentialuses; h h and plaGGS of .ship;
transportation, infrastructure, and utilities uses in accordance with the
policies of Section 3.13.10 of this Plan; home businesses; non -motorized
trails; natural heritage appreciation; mineral aggregate operations and
wayside pits (in accordance with Sections 35 and 36 of the Oak Ridges
Moraine Conservation Plan); legally existing uses as of November 15,
2001, in accordance with the provisions of Section 3.13.3 of this Plan; and
accessory uses.
The Ministry proposed modifications indicated that the crossed out uses would
not be permitted within the Countryside Area. Council supported the deletion of
these uses and as such the approved amendment does not permit such uses.
—31—
IMM
WELLINGTO THE EAST
LU
LU
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a
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c
ALPEN HOUSE
SUBJECT LANDS
0
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C.
a
0
ND F
LOCATION
lV 0 250 500 �v
MAP AMetres
APPENDIX 3 Scale 1:11,000
Location Map created by the Town of Aurora Pla Qepartment, November 18th, 2004. Base data provided by York Region.
COUNCIL — NOVEMBER 23,
AGENDA .
TOWN OF AURORA
COUNCIL REPORT
SUBJECT: Application for Exemption from Part Lot Control
Owner. Sierra Homes (Aurora) Inc.
Agent: J.D. Barnes Ltd.
Plan 65M-3705 — Lot 2 and Block 10
Burgon Place
File Number D12-PLC-13-04
FROM: Sue Seibert, Director of Planning
DATE: November 23, 2004
RECOMMENDATIONS
No. PL04-126-
THAT Council approve the request for exemption from Part Lot Control made by J.D.
Barnes, on behalf of Sierra Homes, to divide Lot 2 and Block 10 on Registered Plan
65114-3705 at Burgon Place, into separate lots.
THAT Council enact By-law 4617-04.D
BACKGROUND
The subject lands are located at Burgon Place, being east ofYonge Street, north of Batson
Drive, and west of Old Yonge Street. The applicant is seeking to develop the subject lands
for townhouse dwelling lots.
The applicant proposes to develop the lots in the following manner:
Lot 2, 65M-3705
Unit Type
Frontage
Lot Area
Depth
Reference Plan 65R-
(m)
(m2)
(m)
27541
Part 1
Townhouse
7.49
372.58
31.80
Part 2
Townhouse
7.39
384.08
32.10
Block 10, 65M-3705
Reference Plan 65R-
27550
Unit Type
Frontage
(m)
Lot Area
(m2)
Depth
(m)
Parts 1 and 2
Townhouse
7.24
180.30
25.90
Parts 3, 4 and 5
Townhouse
5.75
146.60
25.50
Parts 6, 7, and 8
Townhouse
5.75
146.40
25.50
Parts 9, 10, and 11
Townhouse
5.75
146.20
25.40
Parts 12, 13, and 14
Townhouse
5.75
146.10
25.40
Parts 15, 16, and 17
Townhouse
7.26
184.20
25.40
—33—
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 - 2 - Report No, PL04-126-
COMMENTS
The subject lots form part of Registered Plan of Subdivision 65M-3705. The applicant is
requesting an exemption from Part Lot Control (as provided for under Section 50(7) of the
Planning Act) as a means of achieving the proposed free hold lots rather than through
applications for consent to the Committee of Adjustment or a separate plan of subdivision.
The subject application has been circulated to all relevant internal departments and there
are no objections to the proposal. All of the proposed lots in the subject application comply
with the provisions of the Zoning By-law and implement the intent of both the Official Plan
and the registered subdivision agreement.
OPTIONS
Not Applicable.
CONCLUSIONS
The proposed lots conform with the policies of the Official Plan, provisions of the Zoning
By-law, and comply with the subdivision agreement. Staff recommend that Council
approve the request for exemption from Part Lot Control made by J.D. Barnes Ltd. to divide
the subject lands as noted above into separate lots.
FINANCIAL IMPLICATIONS
Not Applicable
LINK TO STRATEGIC PLAN
Not Applicable
ATTACHMENTS
Figure 1 — Location Plan
Figure 2 — Registered Plan 65M-3705
PRE -SUBMISSION REVIEW
Management Team — November 17, 2004
Prepared by: Andrew Harper, ext. 4349
2Y1X'Wv
S: S rbe
Di ector of Planning
—34—
n
Orchard Heights Blvd
LOCATION PLAN
Burgon PI
Batson Dr
0 50 100
Metres
Scale 1:1800
APPLICANT: SIERRA HOMES (AURORA) INC. M3 SUBJECT LANDS
FILE: D12-PLC-13-04
AURORA PLANNING DEPARTMENT
DATE: NOVEMBER 23, 2004
?mmirn Mc�y
far
FIGURE 1
Location Plan Map created by the Town of Aurora
November 16th, 2004. Base data provided by York
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-36-
COUNCIL — NOVEMBER . 23, 2004 AGENDA ITEM #s�
TOWN OF AURORA
COUNCIL REPORT No. LSO4-059
SUBJECT: Aurora Seniors Association — Naming Rights
FROM: Allan D. Downey, Director of Leisure Services
DATE: November 23, 2004
RECOMMENDATIONS
THAT Council receive the following as information.
BACKGROUND
At the General Committee meeting of November 16, 2004, the Aurora Seniors Association
made a request to include naming rights of the new Seniors Centre as part of their
Fundraising Campaign.
Reference was made that they would follow a similar process as the Fundraising
Committee for the new Recreation Complex. The General Committee requested that staff
provide the background report which indicated the process and provide this information at
the November 23`d Council meeting.
Staff have attached staff Report No. LSO4-039 which went to the General Committee on
September 7, 2004 and correspondence to the Mayor and Members of Council dated
September 14, 2004 regarding the Fundraising Committee Terms of Reference for the new
Recreation Complex.
ATTACHMENTS
Copy of Memorandum to Mayor and Members of Council dated September 14, 2004.
Staff Report No. LSO4-039, dated September 7, 2004.
Prepared by: Allan Downey, Director of Leisure Services, Extension 4752
A LAN D. DD
Director of Leisure Services
—37—
OFFICE MEMO
To: Mayor and Members of Council
From: Allan D. Downey, Director of Leisure Services
cc: Scott Somerville, Chief Administrative Officer
* Additional information with
respect to Item #18 (5) from
the September 7, 2004
General Committee Report
before Council this evening.
Subject: Fundraising Committee Terms of Reference for the New Recreation
Centre
Date: Tuesday, September 14, 2004
The General Committee was presented with staff Report LS04-039 on September 7m
2004 (see attached). At the meeting the Committee made the following
recommendations.
Moved by Councillor Vrancic
Seconded by Councillor West
THAT the fundraising timeframe be reduced from a ten year period to a five year
period; and
THAT fundraising targets with deadlines be established to ensure that goals are
achieved; and
THAT the reporting to Council be semi-annual.
CARRIED
The Committee also requested staff to contact the user groups regarding the
recommendations to obtain their reaction or concerns that might arise.
Staff contacted the user groups identified in the report and held a meeting this morning.
In attendance were:
Joe Bentolila, Aurora Minor Hockey Association
►/ Reg Chappell, Ducks Swim Club
►► Steve Thomas, Figure Skating Club
/► Nancy Black, Masters Swim Club
// Lynda Johnston, Central York Girls Hockey
0 Alex Ansell, York Oldtimers Hockey League
..../2
0
COUNCIL — NOVEMBER 23 2004
Memorandum to Mayor anCouncil Page 2
Fundraising Committee Terms of Reference
for the New Recreation Centre
Tuesday, September 14, 2004
The groups were given a brief history of the fundraising component of the new Recreation
Centre and I outlined the approval process required for this issue.
The groups expressed no concern with regards to the request for setting target deadlines
or reporting on a semi-annual basis. However, the user groups once more reiterated their
desire to extend the fundraising campaign over a ten (10) year period. Their concern is
the ability of the groups to raise funds in such a short period of time; with changes in each
group executive on a yearly basis, and the lack of continuity that would result. The target
amount with a five (5) year campaign rivals the Magna Hoedown projected revenue
expectations. The group has respectfully requested that the term remain as 10 years,
however they will use their best efforts to reduce that term.
The discussion with the groups then centered around the process and operations of the
Fundraising Committee. The groups have given some thought to the development of an
Executive Committee that would obtain information from the groups in general and report
to Council on fundraising initiatives and funding frameworks.
Since the naming of the facility and/or components of the facility are part of their Terms of
Reference, it is imperative that Council have an opportunity for input and approval of all
sponsorships or naming right limits and final approval of all those names selected by the
Fundraising Committee and the Terms of Reference will be amended to reflect this
requirement.
The Committee will also be required to develop a budget for the fundraising efforts for
printing, postage etc, which will be reported to Council with a request for a source of
funding as soon as possible.
The group continue to indicate a willingness to assist in fundraising, their concern is the
time commitment required beyond their present volunteer responsibilities in order to
support a very large sum of money in a short period of time.
I trust this is of assistance, if you have any questions please contact me at Extension
4752.
Allan D. Downey,
Director of Leisure Services.
ADD/dp
cc: All User Groups in Attendance
—39—
COUNCIL - NOVEMBER 23, 2004
Qt� TOWN OF AURORA
GENERAL COMMITTEE REPORT LSO4-039
SUBJECT: New Recreation Centre Fundraising Draft Terms of Reference
FROM: Allan D. Downey, Director of Leisure Services
DATE: September 7, 2004
RECOMMENDATIONS
THAT Council endorse the fundraising campaign Draft Terms of Reference for the
new Recreation Centre as described in Report No. LSO4-039; and
THAT the Fundraising Committee report back to Council on its structure and
financial requirements.
BACKGROUND
Council at its meeting of April 13, 2004 approved the following motion.
LSO4-015 - Fundraising Campaign
Moved by Councillor West
Seconded by Councillor Kean
THAT Council establish a Fundraising Steering Committee reporting to the Finance
Committee to coordinate the fundraising efforts as requested by Council; and
THAT Council endorse the target fundraising amounts as identified in this report.
AMENDMENT: Upon the question of the adoption of the recommendation, it was
Moved by Councillor Morris Seconded by Councillor Vrancic
THAT Council establish a separate Fundraising Steering Committee for the Seniors`
Centre.
CARRIED
The original motion was subsequently withdrawn by the mover and seconder and,
therefore, the amended motion has no status.
Moved by Councillor Buck Seconded by Mayor Jones
THAT the issue of establishing a Fundraising Steering Committee be referred back to staff
for additional review and a report to address all of the concerns expressed.
DEFEATED
Moved by Councillor West Seconded by Councillor Kean
THAT this report be referred back to staff forthem to take into consideration the comments
made this evening by the Committee; and
-40-
qalg&eF7NJAMBER 23 2004 2 - Report No. LS04-039
THAT the Fundraising Committee structure include a separate committee forthe Seniors'
Centre and another committee for the Recreation. Complex; and
THAT the use of a fundraising consultant not be included as part of the proposal; and
THAT the cumulative fundraising targets be revised upwards to $2 million.
CARRIED
Staff returned with a report to General Committee on June 15, 2004, and the following
recommendation was approved.
Moved by Councillor West Seconded by Councillor Gaertner
THAT Item 10 - LSO4-027 - Fundraising for Future Facilities be referred back to staff to
review the establishment of 3 sub -committees to co-ordinate fundraising efforts for the
seniors, aquatics and ice user groups.
CARRIED
COMMENTS
As per Council direction, staff have met with representatives of the ice users and the
aquatic users to discuss the structure and target of the fundraising campaign to offset the
costs of the New Recreation Centre. In attendance was a representative from the
Corporate Services Department, informing us of the limitations the provincial guidelines
place on fundraising efforts and what would orwould not be permitted within the legislation.
Attached is correspondence from the Corporate Services Department indicating these
restrictions.
Council has requested that the user groups themselves be responsible for the campaign
for the Recreation Centre and operate independently from the Municipality.
In keeping with this direction, it was agreed that staff would present a Draft Terms of
Reference to Council for approval to provide a framework in which the user groups could
operate within and establish a Fundraising Committee.
The Draft Terms of Reference are as follows:
1. A target of $2,000,000 be identified toward the Capital construction of the new
Recreation Facility.
2. The Fundraising Committee shall consist of at least one member from each of the
following groups:
N Aurora Minor Hockey
N Ducks Swim Club
/1 Old Chiefs Hockey Club
/` Figure Skating Club
/1 Masters Swim Club
Central York Girls Hockey
11 Optimists Recreational Hockey League
/b York Oldtimers Hockey League
..13
—41—
CQQ6EFr 7, JNRIER 23, 2004 3 _ Report No. LSO4-039
2. Eligible Fundraising Components include:
• Levels of Donation — e.g. gold, silver, bronze
• Specific Capital Items — e.g. scoreboard, benches etc.
• Sponsorship — e.g. naming rights for rooms or the facility
4. Fundraising activities may include; raffles, lotteries, bingos, auctions, private
solicitation etc., as permitted for operational and/or capital contributions.
5. Fundraising must be completed within a ten (10) year period.
6. The Town will assist in the administration of all funds collected.
7. The Fundraising Committee with the assistance of the Treasurer shall report to
Council on an annual basis regarding progress.
8. The Fundraising Committee shall make a recommendation to Council to approve
funding for printing, advertising and distribution of fundraising literature.
OPTIONS
Council may wish to amend the Draft Terms of Reference or provide additional
requirements to their fundraising model.
CONCLUSIONS
The user groups have indicated a willingness to participate in offsetting the Capital costs of
the facility as permitted within the existing legislation. The Draft Terms of Reference
provide a framework in which to operate within and establishes a clear goal for the
Committee.
FINANCIAL IMPLICATIONS
$2,000,000 over a five year period, to offset Capital costs of the new Recreation Centre.
LINK TO STRATEGIC PLAN
Goal "A" speaks to maintaining a well managed and fiscally responsible municipality.
ATTACHMENTS
1. Provincial Guideline Restrictions for Fundraising.
—42—
C@gVtj iber 7NQ�§$9BER 23, 2004 4. Report No. LS04-039
PRE -SUBMISSION REVIEW
Scott Somerville, C.A.O. Review, Wednesday, September 1, 2004.
Prepared by: Asian D. Downey, Director of Leisure Services, Extension 4752
ALLAN D. DOWNEY
Director of Leisure ervices
-43-
COUNCIL — NOVEMBER 23, 2004
corporate Services
Clerk's Division 1000
too John Westway' Box Box 6J1
Aurora, ON
7el: 905-727-1375 Ext. 4222
Fax: 905.726-4732
e-mail:
kewart on�t°w—" a�r°ra.on.ca
Memo
To: Al Downey, Director of Leisure Services
FrIam, Karen Ewart, Administrative Co-ordinator/Deputy Clerk
Bob Panizza, Director of Corporate Services
Copy: Chandra Dass, Licensing Officer
Date: August 9, 2004
Re:
Use of Lottery Proceeds for Municipal Facilities
1993, an Order in Council 2668-93 was enacted by the Province of
On October 23, schemes.
Ontario, regulating the issuance of licences for all lottery
Licensing Policy Manual e Ocober 199 licences outlines
may
The Province issued a Lottery smay
the specific eligibility criteria for the issuance of lottery
only be issued to charitablelnon-proflUreligious organizations, which provide
programs for the following purposes:
➢ the relief of poverty
➢ the advancement of education
➢ the advancement of religion
➢ or any other purpose beneficial to the community
Thefottery
funds raised by approved organizations must be used for the purposed for
which the licence was issued.
the Alcohol and Gaming Commission of Ontario that:
o donations ns to the municipality for new facilitates, it has been confirmed
With respect t
by a representatt
—44—
COUNCIL — NOVEMBER 23, 2004
"A municipality (and their arms length committees or boards) is an entity
which is established primarily for local administration. As well,
municipalities derive their powers from the Municipal Act, or in isolated
cases, a constituting act. Municipalitiesare
e given neither lottery schemes. A
carry out charitable objects, nor the p the carrying
municipality therefore does not have, as a primary purpose,
on of charitable works. Since municipalities
aof local administration irmand length
committees are established for p rp
not come within the definition applicable to charitable organizations, they
do not qualify for licensing under Section 2071(b) of the Criminal Code."
Therefore, if the programs in the community facility fall within the responsibility of the
municipality; then funding cannot be obtained through lottery events, either via a
donation of lottery proceeds from an eligible organization or proceeds of a lottery
event conducted by an organization on behalf of the municipality because the
municipality is ineligible to receive this type of financial support.
I trust thikinformation is satisfactory.
Karen Ewart
Administrative Co-ordinator/Deputy.Clerk
r• Pace 2
—45—
COUNCIL — NOVEMBER 23, 2004
AGENDA ITEM # �}
TOWN OFAURORA
GENERAL COMMITTEE MEETING.
REPORT
NO. 04-23
Council Chambers
Aurora Town Hall
Tuesday, November 16, 2004
ATTENDANCE
COMMITTEE MEMBERS Councillor Buck in the Chair; Mayor Jones,
Councillors Gaertner, Kean, and Wallace
MEMBERS ABSENT Councillor Hogg was out of town on business.
Councillor Morris was absent due to illness.
Councillor Vrancic was absent.
Councillor West was on vacation.
OTHER ATTENDEES Chief Administrative Officer, Director of Corporate
Services/Town Clerk, Director of Building, Director of
Leisure Services, Director of Planning, Director of
Public Works, Treasurer, Town Solicitor, and
Council/Committee Secretary.
Councillor Buck called the meeting to order at 7:00 p.m.
DECLARATIONS OF PECUNIARY INTEREST
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act.
ll APPROVAL OFAGENDA
Moved by Councillor Wallace
Seconded by Mayor Jones.
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
CARRIED
III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1, 2, 5, 9, 11, 12 and 14 were identified for discussion.
MM
COUNCIL - NOVEMBER 23, 2004
General Committee Report No. 04-23 Page 2 of 5
Tuesday, November 16, 2004
IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor Wallace Seconded by Mayor Jones
THAT the following recommendations respecting the matters listed as
"Items not Requiring Separate Discussion" be adopted as submitted to the
Committee and staff be authorized to take all necessary action required to
give effect to same:
3. TR04.022 - Cancellation, Reduction or Refund of Property Taxes
THAT the Property Taxes in the amount of $375,101.17 (Section 357 in
the amount of $368,535.22 and Section 358 in the amount of $6,564.95)
be adjusted; the Town of Aurora's portion is $113,021.68; and
THAT the associated penalty/interest be cancelled in proportion to the tax
adjustment; and
THAT the Director of Finance/Treasurer be directed to adjust the
Collector's Roll.
4. BA04-013 - Bill 124 — An Act to Improve Public Safety and to Increase
Efficiency in Building Code Enforcement
THAT Council receive report BA04-013, with respect to Bill 124, for
information; and
THAT Council authorize staff to engage the services of an outside
consultant to assist in defining applicable fees; and
THAT Council endorse the allocation of up to $10,000 towards the 2005
budget as a funding source.
6. BA04-015 - Variance to Sign By-law - Loblaws —15900 Bayview Avenue
THAT Council approve the following site specific request for a variance to
the sign by-law as it impacts Loblaws, so as to permit wall signs at each
exterior building face at the perimeter of the tenanted area.
7. CSO4-038 - Justification of Business Licensing Fees
THAT Council adopt the amended Schedule of Business Licensing Fees
as shown in Appendix #1 attached; and
THAT the Business Licensing By-law 4258-01.P be amended to reflect
these changes.
8. CS04-039 - Request for Street Names Additions to the Bank of Approved
Street Names
THAT the following historical names be added to the Bank of Approved
Street Names, for the future naming of streets within the Town of Aurora:
Starkweather
Fathers
Nutchel
Fisk
Crane
-47-
COUNCIL - NOVEMBER 23, 2004
General Committee Report No. 04.23 Page 3 of 5
Tuesday, November 16, 2004
10. PW04.045 - Construction on Various Roads in Aurora - Update Report
THAT Council receive for Information, report PW2004-45 regarding the
ongoing construction projects on various roads in the Town of Aurora.
13. ADM04-022 - Municipal Act, 2001 Review
THAT Council endorse AMO's Principles For Achieving a Mature
Relationship, contained in its Submission to the Province dated October
2004 and entitled "Achieving a Mature Relationship — 2004 Municipal Act
Review" and that this endorsement be forwarded to the Minister of
Municipal Affairs and Housing; and
THAT Council endorse AMO's Submission to the Province dated October
2004 and entitled "Achieving a Mature Relationship — 2004 Municipal Act
Review" and that this endorsement be forwarded to the Minister of
Municipal Affairs and Housing; and
THAT Council endorse AMCTO's Response to the Province dated
October 2004 and entitled "An Early Review of the Municipal Act, 2001"
and that this endorsement be forwarded to the Minister of Municipal Affairs
and Housing.
CARRIED
V DELEGATIONS
(a) Ms Alice Luckock, Representative of the Alzheimer Society of York
Region
Re: Delivery of Service and Education for Alzheimer Disease and
Related Disorders
The delegate was not present at the meeting.
VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
1. Notice of Motion from Councillor Ron Wallace
Re: A Potential Solution to the. Street Addressing Issue
Councillor Wallace indicated that he is withdrawing his motion and will re-
introduce a new motion for consideration at next week's Council meeting.
2. PL04.123 - Planning Applications Status List
Moved by Mayor Jones Seconded by Councillor Wallace
THAT the Planning Applications Status List be received as information.
CARRIED
5. BA04-014 - Revised Sign By-law
Moved by Councillor Kean Seconded by Mayor Jones
THAT Council approve the recommendations set out in this report; and
COUNCIL - NOVEMBER 23, 2004
General Committee Report No. 04-23 Page 4 of 5
Tuesday, November 16, 2004
THAT Council direct staff to advertise in the local papers, as required
under the Municipal Act, and bring forward an amending by-law for three
readings at the December 14, 2004 Council meeting.
CARRIED
9. PW04-044 - Overall Condition of Town Roads
Moved by Councillor Gaertner Seconded by Councillor Kean
THAT Council receive for information, report PW04-044 regarding the
condition of Town roads; and
THAT Council authorize the reallocation of unexpended 2004 capital road
reconstruction funds as described within report PW04.044.
CARRIED
11. PW04-046 - York Region Transit — Draft Annual Service Plan 2005 and
Draft Quick Start Service PlanlService Integration Plan
Moved by Councillor Wallace Seconded by Councillor Kean
THAT Council receive, for information, report PW2004-46 regarding York
Region Transit's Draft Annual Service Plan 2005 and Draft Quick Start
Service Plan/Integration Plan; and
THAT Council of the Town of Aurora request York Region Transit to
critically review service to the Aurora GO Station with the intention of
providing more frequent; convenient service for users,
AMENDMENT: Upon the question of . the adoption of the
recommendation, it was:
Moved by Councillor Wallace Seconded by Councillor Kean
THAT a representative from York Region Transit be requested to attend a
Council meeting, in the near future, to provide details of their plans for
2005.
CARRIED
The recommendation was CARRIED AS AMENDED.
12. LS04-058 - Aurora Seniors Association —Naming Rights
Moved by Mayor Jones
Seconded by Councillor Kean
THAT the same conditions be applied to the naming rights for the new
Seniors' Centre as those which are in place for the Recreation Complex.
CARRIED
Members of the Committee requested that the Director of Leisure Services
provide details of the naming rights report, that was approved for the new
Recreation Complex, for the next Council meeting.
IRM
COUNCIL - NOVEMBER 23, 2004
General Committee Report No. 04-23 Page 5 of 5
Tuesday, November 16, 2004
14. Memo from the CAD
Re: Hydro One Draft Environmental Study Report - Supply to York Region
Class EA Transmission Line Study
Moved by Mayor Jones
Seconded by Councillor Kean
THAT Council formally correspond to Hydro One with the Town of
Aurora's concerns, comments and objectives to the contents of the Draft
Environmental Study Report — Supply to York Region Class ER
Transmission Line Study issued by Hydro One under date of October 21,
2004; and
THAT Council formally correspond to Hydro One and the Minister of the
Environment and request a "bump up" of the current class EA to an
Individual EA.
CARRIED
Vll OTHER BUSINESS, COUNCILLORS
None
Vlll IN CAMERA
Property, Personnel and Legal Matters
Moved by Mayor Jones Seconded by Councillor Wallace
THAT this Committee proceed In Camera to address property, personnel
and legal matters.
CARRIED
IX ADJOURNMENT
Moved by Councillor Kean
THAT the meeting be adjourned at 7:30 p.m.
CARRIED
THE REPORT OF THE GENERAL COMMITTEE MEETING 04-23 IS SUBJECT TO
FINAL APPROVAL AT COUNCIL ON TUESDAY, NOVEMBER 23, 2004.
-50-
COUNCIL - NOVEMBER 23, 2004 AGENDA ITEM #
'TOWN OF AURORA
COUNCIL REPORT No. TSAB04-024
SUBJECT: November 10, 2004 Traffic Safety Advisory Board Meeting
FROM: Vice Chair
Committee Members
MEMBERS ABSENT:
DATE: November 23, 2004
RECOMMENDATIONS
- Brett Cole
- Carmen Zambri, Juergen Daurer, Mike Walters,
Robert Cook
John West (Chair)
THAT the Committee Record of the Traffic Safety Advisory Board Meeting held
on November 10, 2004 be received as information; and
2. Report No. TSAB04-022 - Speeding Concerns on McClenny Drive.
THAT multi -way stop sign control not be installed at the intersection of
McClenny Drive and Wardle Gate;
THAT a centreline and edgeline be installed on McClenny Drive from house #25
to house #41 to help guide motorists around the bend; and
THAT a letter be sent to Mr. And Mrs. Grandin with the TSAB's
recommendations.
3. Report No. TSAB04-023 -Dunning Avenue -Proposed Stopping and School Bus
Loading Zone Prohibitions.
THAT stopping be prohibited at anytime on the south side of Dunning Avenue
from a point 9 meters east of Cameron Avenue to a point 169.5 meters east of
Yonge Street,
THAT stopping be prohibited from 8:00a.m. to 4:OOp.m., Monday to Friday on the
north side ofDunning Avenue from a point 75.6 meters east of Yonge Street to a
point 107 meters east of Cameron Avenue;
THAT a School Bus Loading Zone be implemented from 2:30p.m. to 3:30p.m.,
Monday to Friday, September 1 to June 30 on the south side of Dunning Avenue
from a point 70 meters east of Yonge Street to a point 169.5 meters east of
Yonge Street and from a point 35 meters east of Cameron Avenue to a point 60
meters east of Cameron Avenue;
-51-
COUNCIL - NOVEMBER 23, 2004
November 23, 2004 - 2 - Council Report No. TSAB04-024
THAT the Clerks Departmentbe requested to introduce the necessary by-laws to
implement the above recommendations; and
THAT a letter be sent to all affected residents and to Dr. G. W. Williams High
School with the TSAB's recommendations.
4. November 2, 2004 memorandum from the Traffic/Transportation Analyst
regarding Pedestrian Safety Concerns at the intersection of Crawford Rose Drive
and Autumn Way.
THAT no further traffic control measures be implemented at the Crawford Rose
Drive and Autumn Way intersection at this time;
THAT the York Regional Police increase enforcement of the posted 40km/hr
speed limit on Crawford Rose Drive; and
THAT a letter be sent to Mr. ian Bryan with the TSAB's recommendations.
5. October 18, 2004 email from Ms. Penny DePiero requesting for multi -way stop
signs at the intersection of Willis Drive and Petch Crescent.
THAT staff be requested to conduct a multi -way stop sign analysis at the
Willis Drive and Petch Crescent intersection in spring 2005; and
THAT a letter be sent to Ms. Penny DePiero with the TSAB's recommendation.
6. November 4, 2004 letter from Ms. Lara Pietrolungo regarding parking
concerns on Rush Road.
THAT the November 4, 2004 letter from Ms. Lara Pietrolungo regarding
parking concerns on Rush Road be referred to staff;
THAT staff be requested to monitor parking on Rush Road and report back to
the TSAB in December, and
THAT a letter be sent to Ms. Lara Pietrolungo with the TSAB's
recommendations.
BACKGROUND
All matters on the agenda were discussed fully.
-52-
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 - 3 - Council Report No. TSAB04-024
COMMENTS
None.
CONCLUSIONS
The Board believes the recommendations contained herein to be appropriate and that
Council should adopt them.
FINANCIAL IMPLICATIONS
The cost to install the necessary stopping and School Bus Loading Zone signs on Dunning
Avenue has been estimated to cost $1000.00. The cost to paint a centerline and edgeline
on McClenny Drive has been estimated to cost $150. Funds for which are available in the
Public Works Operating Budget.
ATTACHMENTS
November 10, 2004 Committee Record 04-07
Prepared by: Brent Jefferson, Traffic/Transportation Analyst ext. 4374
Brett Cole, Vice Chair
Traffic Safety Advisory Board
—53—
COUNCIL - NOVEMBER 23, 2004
COMMITTEE RECORD
NO. 04-07
Committee: Traffic Safety Advisory Board
Date: Wednesday November 10, 2004
Time and Location: Leksand Room, Aurora Town Hall, 6:00p.m.
From: Vice Chair: Brett Cole
Committee Members Carmen Zambri, Juergen Daurer, Mike Walters,
Robert Cook
Members Absent: John West (Chair)
Other Attendees: Brent Jefferson (Recording Secretary)
Chris Alexander (By -Law Services Co-ordinator)
DECLARATIONS OF INTEREST
None.
APPROVAL OF AGENDA
Moved by Mike Walters
THAT the agenda be approved as circulated.
CARRIED
MINUTES OF PREVIOUS MEETINGS
Moved by Carmen Zambri
Seconded by Juergen Daurer
Seconded by Mike Walters
THAT the minutes of the October 13, 2004 TSAB meeting be adopted by Council.
DELIGATIONS
None.
CARRIED
-54-
COUNCIL — NOVEMBER 23, 2004
TSAB Record No. 04-07 Page 2
MATTERS FOR CONSIDERATION
1. October 26, 2004 TSAB Council Report No. TSAB04-021 and Council Excerpts.
Moved by Carmen Zambri Seconded by Robert Cook
THAT the October 26, 2004 TSAB Council Report No. TSAB04-021 and Council
Excerpts be received as information.
CARRIED
2. Report No. TSAB04-022 — Speeding Concerns on McClenny Drive.
Moved by Mike Walters
Seconded by Juergen Daurer
THAT multi -way stop sign control not be installed at the intersection of McClenny
Drive and Wardle Gate;
THAT a centreline and edgeline be installed on McClenny Drive from house #25 to
house #41 to help guide motorists around the bend; and
THAT a letter be sent to Mr. And Mrs. Grandin with the TSAB's
recommendations.
CARRIED
3. Report No. TSAB04-023 — Dunning Avenue — Proposed Stopping and School Bus
Loading Zone Prohibitions.
Moved by Mike Walters Seconded by Robert Cook
THAT stopping be prohibited at anytime on the south side of Dunning Avenue from
a point 9 meters east of Cameron Avenue to a point 169.5 meters east of Yonge
Street;
THAT stopping be prohibited from 8:OOa.m. to 4:OOp.m., Monday to Friday on the
north side of Dunning Avenue from a point 75.6 meters east of Yonge Street to a
point 107 meters east of Cameron Avenue;
THAT a School Bus Loading Zone be implemented from 2:30p.m, to 3:30p.m.,
Monday to Friday, September 1 to June 30 on the south side of Dunning Avenue
from a point 70 meters east of Yonge Street to a point 169.5 meters east of Yonge
Street and from a point 35 meters east of Cameron Avenue to a point 60 meters
east of Cameron Avenue;
—55—
COUNCIL — NOVEMBER 23, 2004
TSAB Record No. 04-07 Page 3
THAT the Clerks Department be requested to introduce the necessary by-laws to
implement the above recommendations; and
THAT a letter be sent to all affected residents and to Dr. G. W. Williams High
School with the TSAB's recommendations.
CARRIED
4. November 2, 2004 memorandum from the Traffic/Transportation Analyst regarding
Pedestrian Safety Concerns at the Intersection of Crawford Rose Drive and Autumn
Way.
Moved by Juergen Daurer Seconded by Mike Walters
THAT no further traffic control measures be implemented at the Crawford Rose
Drive and Autumn Way intersection at this time;
THAT the York Regional Police increase enforcement of the posted 40km/hr
speed limit on Crawford Rose Drive; and
THAT a letter be sent to Mr. Ian Bryan with the TSAB's recommendations.
CARRIED
5. November 4, 2004 memorandum from the Traffic/Transportation Analyst regarding
outstanding items on the TSAB's Pending List.
Moved by Robert Cook Seconded by Robert Cook
THAT the November 4, 2004 memorandum from the Traffic/Transportation
Analyst regarding outstanding items on the TSAB's Pending List be received as
information.
3
6. October 18, 2004 email from Ms. Penny DePiero requesting for multi -way stop
signs at the intersection of Willis Drive and Petch Crescent.
Moved by Mike Waiters
Seconded by Robert Cook
THAT staff be requested to conduct a multi -way stop sign analysis at the Willis
Drive and Petch Crescent intersection in spring 2005; and
—56—
COUNCIL — NOVEMBER 23, 2004
TSAB Record No. 04-07 Page 4
THAT a letter be sent to Ms. Penny DePiero with the TSAB's recommendation.
CARRIED
7. November 4, 2004 letter from Ms. Lara Pietrolungo regarding parking concerns on
Rush Road.
Moved by Mike Walters Seconded by Carmen Zambri
THAT the November 4, 2004 letter from Ms. Lara Pietrolungo regarding parking
concerns on Rush Road be referred to staff;
THAT staff be requested to monitor parking on Rush Road and report back to the
TSAB in December; and
THAT a letter be sent to Ms. Lara Pietrolungo with the TSAB's recommendations.
8. October 25, 2004 media release regarding red light cameras.
Moved by Mike Walters Seconded by Robert Cook
THAT the October 25, 2004 media release regarding red light cameras be
received as information.
CARRIED
9. Traffic Calming Activity List.
10. Pending List.
Moved by Juergen Dauger
Seconded by Mike Walters
THAT the Traffic Calming Activity List and the Pending List be received as
information.
CARRIED
—57—
COUNCIL — NOVEMBER 23, 2004
TSAB Record No. 04-07 Page 5
OTHER BUSINESS BY MEMBERS
Robert Cook inquired why there is a 2-hour parking limit on the west side of Berczy Street.
Chris indicted that restriction has been in place for over 5 years and was installed to
prevent residents who use GO services from parking for extended periods of time.
Constable Sandra Staley attended the final portion of the meeting and informed the
Committee that it is her last day and she will be replaced by Constable Pat Sprige on a
permanent basis.
ADJOURNMENT
The meeting was adjourned at 7:1 Op.m.
EWE
COUNCIL - NOVEMBER 23,
2004 AGENDA ITEM # 6
DIM
'TOWN OF AURORA
COUNCIL REPORT
No. EAC04-06
SUBJECT: November 8, 2004 Environmental Advisory Committee Meeting
FROM: Chair - Councillor Morris
Council Members - Councillor Gaertner
Committee Members - Robert Cook, Darryl Moore and Susan Walmer
DATE: November 23, 2004
RECOMMENDATIONS
1. THAT the Committee Record of the Environmental Advisory Committee
Meeting 04-06, held on November 8, 2004 be received for information; and
2. LSO4-052 - Tree Cutting Permit Application
(referred from October 19, 2004, General Committee)
THAT based on the justification in the permit application by Magna
Entertainment Corporation, specifically reasons 14 A and D, the
Environmental Advisory Committee recommends that consideration of the
permit be deferred until future development on the lands is brought forward to
Council through a formal development or site plan process; and
THAT, should the permit application be issued, the committee recommends
that Council require a Replacement Tree Planting Plan and Tree Preservation
Plan from Magna Entertainment Corporation, which should be prepared to the
satisfaction of the Town's Parks staff.
3. Prioritization of the Draft Goals and Objectives
(deferred from October 18, 2004)
THAT the Environmental Advisory Committee refer the prioritization of the
draft goals and objectives to the various Sub -Committees, and that the Sub -
Committees report back on suggestions for their goals and objectives at a
future Environmental Advisory Committee meeting.
4. Mission Statement
THAT the first task of the Public Awareness/Education Sub -Committee be to
determine the best means of communicating the Environmental Advisory
Committee mandate to the public, incorporating and reflecting on the goals
and objectives that are determined by each of the Sub -Committees.
-59-
COUNCIL - NOVEMBER 23, 2004
November23, 2004 -2 - Report No. EAC04-06
5. Correspondence from Sandra Malcic
Re: York Region EAC Forum
THAT correspondence from Sandra Malcic of York Region dated October 19,
2004, and November 8, 2004, Re: York Region EAC Forum be received, and
THAT Sue Walmer act as the spokesperson at the York Region EAC Forum on
November 30, representing the Aurora Environmental Advisory Committee.
6. Media Release - York Region Passes By -Laws to Comply With
Michigan Waste Regulations
THAT the Regional By-laws dealing with Solid Waste Managementbe referred
to the Public Awareness/Education and Waste Management Sub -Committees
for information purposes and any long term follow up and/or action.
7. Media Release - York Region and Local Businesses Clean Up Litter
THAT the York Region Media Release dated October 28, 2004, titled York
Region and Local Businesses Clean Up Litter be received, and
THAT Sue Walmer follow up with the Region about the Litter Prevention
Strategy for participation by the Town of Aurora next year.
8. Media Release - Province Acts to Keep Electronics From Landfills
THAT the Ministry of the Environment News Release dated October 26, 2004,
titled Province Acts to Keep Electronics From Landfills be received and
supported in principle; and
THAT the Ministry of the Environment be advised that the Environmental
Advisory Committee supports the initiative, in principle, to keep electronics
from landfills.
9. Places to Grow. A Growth Plan for the Greater Golden Horseshoe
THAT the verbal update from Councillor Gaertner regarding the Places to
Grow, A Growth Plan for the Greater Golden Horseshoe be received; and
THAT Councillor Gaertner draft a memo to the Environmental Advisory
Committee's outlining her concerns and offering suggestions for the
committee to make comment regarding the 2C Lands not being designated or
protected; and
THAT the memo will be reviewed by the Committee at the next meeting of the
Environmental Advisory Committee.
.m
COUNCIL - NOVEMBER 23, 2004
November 23, 2004
BACKGROUND
-3-
Report No. EAC04-06
Attached for the information of Council are the Minutes of the Environmental Advisory
Committee Meeting EAC04-06, held on November 8, 2004.
COMMENTS
Nil.
OPTIONS
Nil.
CONCLUSIONS
Nil.
FINANCIAL IMPLICATIONS
None.
ATTACHMENTS
1. Copy of Committee Record No. EAC04-06.
Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk, ext. 4222
— �&4
Councillor Phyllis Morris, Chair
Environmental Advisory Committee
-61-
COUNCIL — NOVEMBER 23, 2004
ENVIRONMENTAL ADVISORY COMMITTEE RECORD
MEETING NO. 04-06
Date:
Time and Location
Monday, November 8, 2004
7:00 p.m., Leksand Meeting Room, Aurora Town Hall,
100 John West Way
Committee Members: Councillor Morris, Chair, Councillor Gaertner, Robert Cook,
Mary Hill, Darryl Moore, Susan Walmer
Regrets: Ellen Mole, David Tomlinson, Klaus Wehrenberg
Staff Attendees: Wayne Jackson, Director of Public Works
Jim Tree, Parks Manager/Acting Manager Facilities/Property
Karyn Bagley, Council/Committee Secretary
Councillor Morris called the meeting to order at 7:10 p.m.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OF AGENDA
Moved by Sue Walmer
Seconded by Robert Cook
THAT the content of the agenda be approved as circulated by the
Corporate Services Department with the following additions:
➢ Agenda Item 4 LSO4-052 — Tree Cutting Permit Application be
discussed prior to Agenda Item 2 - Prioritization of the Draft Goals &
Objectives; and
➢ Memorandum from the Manager of Policy Planning regarding the 2C
Natural Heritage Study
➢ Discussion regarding the 2004 Anti -litter wrap up meeting
—62—
COUNCIL — NOVEMBER 23, 2004
Environmental Advisory Committee Record No. 04-06 Page 2 of 8
Monday, November 8, 2004
CARRIED
MINUTES OF PREVIOUS MEETINGS
Moved by Sue Walmer
Seconded by Councillor Gaertner
THAT the Environmental Advisory Committee meeting minutes number 04-
05 from October 18, 2004, be approved as printed and circulated by
Corporate Services.
CARRIED
DELEGATIONS
None
NEW BUSINESS
4. LSO4-052 — Tree Cutting Permit Application
(referred from October 19, 2004, General Committee)
Councillor Morris advised the Committee that she spoke with Mark Schollen of
Schollen & Company Inc. who signed the permit application and confirmed that
Mr. Schollen is aware that the application was referred to the Environmental
Advisory Committee. Councillor Morris further advised that she extended an
invitation to Mr. Schollen to attend the November 8 Environmental Advisory
Committee meeting, but Mr. Schollen declined.
Mr. Jim Tree, Parks Manager, provided the Environmental Advisory Committee
with an overview of the Tree Cutting Permit Application in which Magna
Entertainment Corporation applied for a permit to remove 67 trees in accordance
with By-law 4474-03.D being a by-law to authorize the injury or destruction of
trees (Tree Permit By-law), which was referred to the Committee by Council. Mr.
Tree also provided an overview of the Vegetation Inventory and Assessment
Report dated September 7, 2004, as prepared by Schollen & Company Inc. for
the applicant, Magna Entertainment Corporation; and provided the Committee
members with a 2002 Aerial Location Plan created by the Town of Aurora on
November 8, 2004, of the subject property.
Mr. Tree confirmed that his assessment was that 60% of the trees that Magna
Entertainment Corporation applied to have removed are in various states of
decline. He also confirmed there was no way to know how long the trees could
survive.
Members raised questions about standing water, infill, and drainage adjacent
to the subject property and discussed the possibility that these factors have been
—63—
COUNCIL — NOVEMBER 23;, 2004
Environmental Advisory Committee Record No. 04-06 Page 3 of 8
Monday, November 8, 2004 .
or could be contributing to the deteriorating condition and health of the trees. Mr.
Tree.explained that the standing water that was there has probably much more to
do with localized regrading of the lands in the immediate vicinity of the trees. He
explained that issues like these are addressed when a development or site plan
application process is followed.
Members expressed concerns over the reasons listed on the permit application for
removing the trees, and raised questions as to why the permit requests that all 67
trees be removed when only 60% of them are in decline.
The Committee agreed that a Replacement Tree Plan or Tree Preservation Plan
for the Town of Aurora is needed when addressing applications such as this.
Members noted that an application to cut down trees is normally part of a
development and a site plan application, which usually accompanies the tree
cutting permit application.
Mr. Tree confirmed that no development plan has been received by the Town to
date.
Moved by Sue Walmer
Seconded by Mary Hill
THAT based on the justification in the permit application by Magna
Entertainment Corporation, specifically reasons 14 A and D, the
Environmental Advisory Committee recommends that consideration of the
permit be deferred until future development on the lands is brought forward
to Council through a formal development or site plan process; and
THAT, should the permit application be issued, the committee recommends
that council require a Replacement Tree Planting Plan and Tree
Preservation Plan from Magna Entertainment Corporation, which should be
prepared to the satisfaction of the Town's Parks staff.
CARRIED UNANIMOUSLY
MATTERS ARISING FROM PREVIOUS MINUTES
2. Prioritization of the Draft Goals and Objectives
(deferred from October 18, 2004)
The Committee agreed that the prioritization of the draft goals and objectives
depends on the membership and activities of the soon to be established Sub -
Committees. Councillor Morris advised the Committee that a number of
applications have been received for the Environmental Advisory Committee Sub -
Committees which are to be reviewed by Council at the November 16 meeting. It
is anticipated that Council will refer the initial selection back to the Environmental
Advisory Committee for their review and input prior to council making
appointments to the appropriate sub -committees.
—64—
COUNCIL — NOVEMBER 23, 2004
Environmental Advisory Committee Record No. 04-06
Monday, November 8, 2004
Moved by Sue Walmer
Page 4 of 8
Seconded by Councillor Gaertner
THAT the Environmental Advisory Committee refer the prioritization of the
draft goals and objectives to the various Sub -Committees, and that the
Sub -Committees report back on suggestions for their goals and objectives
at a future Environmental Advisory Committee meeting.
3. Mission Statement
Sue Walmer advised the Committee that drafting a mission statement reflective of
the Environmental Advisory Committee was a larger task than originally
anticipated, and suggested it be passed on to the Public Awareness/Education
Sub -Committee who would be better equipped to research the existing
Environmental Advisory Committee's mission. The Committee discussed whether
the mandate of the Environmental Advisory Committee acted also as a mission
statement, or whether each Sub -Committee should be responsible for drafting a
brief mission statement of their own.
The Committee determined the Environmental Advisory Committee mandate
reflected an overall mission statement of the Committee, but that it needed to be
more concise to effectively communicate to the public what the Committee is all
about.
Moved by Sue Walmer
Seconded by Robert Cook
THAT the first task of the Public Awareness/Education Sub -Committee be
to determine the best means of communicating the Environmental Advisory
Committee mandate to the public, incorporating and reflecting on the goals
and objectives that are determined by each of the Sub -Committees.
NEW BUSINESS
5. Correspondence from Sandra Malcic
Re: York Region EAC Forum
Councillor Morris advised the Committee that the York Region EAC Forum has
been rescheduled to November 30, from 7:00 p.m. to 9:00 p.m., at the York
Region Administrative Centre in the Seminar Room. Ellen Mole, Mary Hill, Robert
Cook, and Sue Walmer will be representing Aurora's Environmental Advisory
Committee at the Forum. The Committee discussed the option of making a
presentation at the Forum and agreed that because the Committee is relatively
new, a presentation would not be an option at this time, but suggested that Sue
—65—
COUNCIL — NOVEMBER 23, 2004
Environmental Advisory Committee Record No. 04-06 Page 5 of 8
Monday, November 8, 2004
Walmer act as a spokesperson at the Forum to advise of the Committees goals
and objectives.
Moved by Robert Cook
Seconded by Mary Hill
THAT correspondence from Sandra Malcic of York Region dated October
19, 2004, and November 8, 2004, Re: York Region EAC Forum be
received; and
THAT Sue Walmer act as the spokesperson at the York Region EAC
Forum on November 30, representing the Aurora Environmental Advisory
Committee.
CARRIED
6. Media Release — York Region Passes By -Laws to Comply With
Michigan Waste Regulations
Mr. Wayne Jackson, Director of Public Works, advised the Committee that the
Town's Collection and Disposal of Refuse By-law will need to be amended to
reflect and comply with Michigan's new waste regulations. Mr. Jackson further
advised, and the Committee agreed, that effective communication and education
methods need to be established to relay this information to the public.
Moved by Councillor Gaertner
Seconded by Sue Walmer
THAT the Regional By-laws dealing with Solid Waste Management be
referred to the Public Awareness/Education and Waste Management Sub -
Committees for information purposes and any long term follow up and/or
action.
lJq133LC2
7. Media Release — York Region and Local Businesses Clean Up Litter
The Committee agreed that Sue Wallmer is to contact York Region regarding the
Litter Prevention Strategy to obtain more information so that the Town of Aurora
can potentially participate next year.
Moved by Sue Walmer
Seconded by Mary Hill
THAT the York Region Media Release dated October 28, 2004, titled York
Region and Local Businesses Clean Up Litter be received; and
COUNCIL — NOVEMBER 23, 2004
Environmental Advisory Committee Record No. 04-06 Page 6 of 8
Monday, November 8, 2004
THAT Sue Walmer follow up with the Region about the Litter Prevention
Strategy for participation by the Town of Aurora next year.
CARRIED
8. Media Release — Province Acts to Keep Electronics From Landfills
Moved by Robert Cook Seconded by Mary Hill
THAT the Ministry of the Environment News Release dated October 26,
2004, titled Province Acts to Keep Electronics From Landfills be received
and supported in principle; and
THAT the Ministry of the Environment be advised that the Environmental
Advisory Committee supports the initiative, in principle, to keep electronics
from landfills.
CARRIED
9. Places to Grow, A Growth Plan for the Greater Golden Horseshoe
Councillor Gaertner advised the Committee that the information regarding the
Places to Grow, A Growth Plan for the Greater Golden Horseshoe was received
by Council for comment. Councillor Gaertner had requested that this document
specifically protect the 2C Lands, but unfortunately the report went back to the
Province without designating the 2C Lands as protected and in fact noted that
they were designated for future growth by the town.
Moved by Councillor Gaertner
Seconded by Mary. Hill
THAT the verbal update from Councillor Gaertner regarding the Places to
Grow, A Growth Plan for the Greater Golden Horseshoe be received; and
THAT Councillor Gaertner draft a memo to the Environmental Advisory
Committee's outlining her concerns and offering suggestions for the
committee to make comment regarding the 2C Lands not being designated
or protected; and
THAT the memo will be reviewed by the Committee at the next meeting of
the Environmental Advisory Committee.
CARRIED
—67—
COUNCIL — NOVEMBER 23, 2004
Environmental Advisory Committee Record No. 04-06 Page 7 of 8
Monday, November 8, 2004
Moved by Robert Cook
Seconded by Mary Hill
THAT the Environmental Advisory Committee meeting continue past 9:00
p.m.
aILW
ADDITIONAL ITEMS FOR CONSIDERATION
10. Memorandum from the Manager of Policy Planning regarding the 2C Natural
Heritage Study
Moved by Sue Walmer Seconded by Robert Cook
THAT the correspondence from Jim Kyle, Manager of Policy Planning
regarding the 2C Natural Heritage Study and David Tomlinson's ongoing
participation be received.
CARRIED
11. Discussion regarding the 2004 Anti -litter wrap up meeting
Sue Walmer is to follow up with Cooky Ellis, Administrative Assistant to Mayor &
Council on attending the Anti -litter wrap up meeting on November 17, 2004.
OTHER BUSINESS BY MEMBERS
Councillor Morris requested feedback and clarified how delegations made by the public
will be handled at any future Environmental Advisory Committee meetings. The
Committee agreed that they support the procedures already in place, in that delegates
and members of the public are to have sent their written request to the Clerk prior to the
meeting, in order to appear as a delegation so that it can be clearly indicated on the
agenda.
Councillor Morris spoke to a letter the Mayor had sent in reaction to Ms. Rebecca
Beaton's previous delegation to the EAC which was sent directly to individual members'
homes and which was not addressed through the Chair. The committee agreed that in
future, any correspondence sent to members about committee business will be placed
on an agenda for receipt and any other action deemed necessary by the EAC.
Councillor Morris informed the Committee that any request for items to be considered on
an agenda's should be made to the Chairperson to enable Town staff to be consulted to
ensure that agendas are not over committed.
Councillor Morris advised the Committee that she understood that a report regarding
OPA 48 pertaining to the Oak Ridges Moraine, will be presented at the next Council
meeting.
.:
COUNCIL — NOVEMBER 23, 2004
Environmental Advisory Committee Record No. 04-06 Page 8 of 8
Monday, November 8, 2004
ADJOURNMENT
Moved by Darryl Moore
THAT the meeting be adjourned at 9:25 p.m.
CARRIED
NEXT MEETING
The next regular meeting of the Environmental Advisory Committee will take place on
Monday, December 13, 2004 at 7:00 pm in the Leksand Room.
COUNCIL - NOVEMBER 23, 2004
AGENDA d
-TOWN OF AURORA
COUNCIL REPORT No. EDAC04-06
SUBJECT: November 23, 2004, Economic Development Advisory Committee
Meeting
FROM: Chair - Councillor Damir Vrancic
Council Members - Councillor Kean and ex-officio member Mayor
Jones
Committee Members - David Amborski, Jim Beechey, Sharon Culver,
Gabriela Dragomir, Richard Wizemann
DATE: November 23, 2004
RECOMMENDATIONS
1. THAT the Committee Record of the Economic Development Advisory
Committee Meeting 04-05 held on November 17, 2004 be received as
information; and
2. Memorandum from the Economic Development Officer - Development of
the Town's Marketinq Lo-go - Update re: Public Information Meeting
THAT the Memorandum from the Economic Development Officer -
Development of the Town's Marketing Logo - Update re: Public Information
Meeting be received for information.
3. ADM04-003 - Economic Development Focused Print Advertisement for the
Town of Aurora
THAT the Economic Development Advisory Committee endorse the
development of new economic development focused promotional print
advertisements, by the Economic Development Officer in conjunction with
the Marketing/Communications Co-ordinator, for the Town of Aurora for
use in marketing publications.
4. ADM04-004 - An Update on Aurora's Economy
THAT the Economic Development Advisory Committee receive, for
information, report ADM04-004 entitled `An Update on Aurora's Economy'.
BACKGROUND
Attached for the information of Council are the Minutes of the Economic Development
Advisory Committee Meeting 04-06, held on November 17,2004.
COMMENTS
7N
-70-
COUNCIL - NOVEMBER 23, 2004
November 23, 2004 - 2 - Report No. EDAC04-06
OPTIONS
Nil.
CONCLUSIONS
M
FINANCIAL IMPLICATIONS
None.
ATTACHMENTS
1. Copy of Committee Record No. 04-06
Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk ext. #4222
/1-
6P" G uncillor'Vrancic, Chair
Economic Development Advisory Committee
-71-
COUNCIL — NOVEMBER 23, 2004
COMMITTEE RECORD
MEETING NO. 04-06
Committee: Economic Development Advisory Committee
Date: Wednesday, November 17, 2004
Time and Location: 8:00 a.m., The Leksand Room - Aurora Town Hall
Committee Members: Councillor Vrancic, Chair; Councillor Kean and Mayor Jones
ex-officio member, David Amborski, Jim Beechey, Sharon
Culver, Gabriela Dragomir, Richard Wizemann
Regrets: Councillor Morris due to illness and Lisa Cruickshank due to
other business
Other Attendees: Dino Lombardi, Economic Development Officer; Karen
Ewart, Administrative Co-ordinator/Deputy Clerk
Councillor Vrancic, Chair, called the meeting to order at 8:03 a.m.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OFAGENDA
Moved by Councillor Kean
Seconded by Sharon Culver
THAT the content of the Agenda be approved as outlined herein.
CARRIED
—72—
COUNCIL — NOVEMBER 23, 2004
Economic Development Advisory Committee Minutes No. 04-06 Page 2 of 4
Wednesday, November 17, 2004
REVIEW OF PREVIOUS MEETING REPORT
1. Minutes of Meeting Number 04-05 held on Wednesday, October 20, 2004.
Moved by Councillor Kean
Seconded by Gabriela Dragomir
THAT the Minutes of Meeting Number 04-05 held on Wednesday, October
20, 2004 be adopted.
CARRIED
MATTERS ARISING FROM PREVIOUS MEETING
2. Memorandum from the Economic Development Officer - Development of the
Town's Marketing Logo — Update re: Public Information Meeting
The Economic Development Officer updated the Committee on the recent Public
Information meeting held on November 10th and advised the Committee that it is
his intent to present a staff report along with the consultant's background
Creative Design Brief and three logo design options at the December 15th
Committee meeting. The Committee agreed that the December meeting would
deal exclusively with the marketing logo report and design options.
Moved by Councillor Kean
Seconded by Sharon Culver
THAT the Memorandum from the Economic Development Officer -
Development of the Town's Marketing Logo — Update re: Public
Information Meeting be received for information.
CARRIED
NEW BUSINESS
3. ADM04-003 — Economic Development Focused Print Advertisement for the Town
of Aurora
The Committee discussed the use of a marketing consultant to develop new
promotional advertising print material to be used by the Economic Development
Division to market the Town of Aurora. However, it was the opinion of the
Committee that the material could be composed and developed in-house using
existing staff resources. The Economic Development Officer assured the
Committee that the new promotional material would include the new marketing
logo.
—73—
COUNCIL — NOVEMBER 23, 2004
Economic Development Advisory Committee Minutes No. 04-06
Wednesday, November 17, 2004
Moved by Councihor Kean
Page 3 of 4
Seconded by David Amborski
THAT the Economic Development Advisory Committee endorse the
development of new economic development focused promotional print
advertisements, by the Economic Development Officer in conjunction with
the Marketing/Communications Co-ordinator, for the Town of Aurora for
use in marketing publications.
CARRIED
4. ADM04-004 — An Update on Aurora's Economy
The Economic Development Officer advised the Committee that the report was a
good news report and illustrated that Aurora's business community is stable and
growing.
Moved by Jim Beechy
Seconded by Richard Wizemann
THAT the Economic Development Advisory Committee receive, for information,
report ADM04-004 entitled 'An Update on Aurora's Economy'.
CARRIED
SUB-COMMITTEE/UPDATES
Yonge Street Commercial Area
Richard Wizemann advised the Committee that the Yonge Street Commercial
Area sub -committee is working on the beautification of the downtown core. Some
of the initiatives include the installation of three -stream garbage receptacles. The
Committee is also following up on Councillor Wallace's proposal of installing
District signs in the downtown area. The Economic Development Officer
confirmed that he will be working more closely with the sub -committee on various
initiatives.
The Committee suggested that the sub -committee make a presentation at a
future Economic Development Advisory Committee meeting regarding their
proposed projects.
David Amborski suggested that Mr. John Kiru, Executive Director of the Toronto
Association of Business Improvement Areas, be invited to the same meeting with
the intent of providing some information to EDAC regarding the benefits of a
downtown Business Improvement Association (BIA). It is hoped that this will
assist the sub -committee in creating a strategy to ultimately revitalize Aurora's
downtown core.
—74—
COUNCIL — NOVEMBER 23, 2004
Economic Development Advisory Committee Minutes No. 04-06 Page 4 of 4
Wednesday, November 17, 2004
QUESTIONS BY MEMBERS
The Chair enquired about the status of the streamlining of the planning application
process. The Chair requested that the Economic Development Officer investigate the
matter and report back to the Committee.
The Chair requested that each member come prepared at the January EDAC meeting,
with two key issues or projects that they would like the Committee to pursue, with the
intent to determine a focus for the remaining term of the Committee. Sharon Culver
advised that she would forward the request at the next Chamber of Commerce meeting
in December.
ADJOURNMENT
Moved by Councillor Kean
THAT the meeting adjourned at 9:05 a.m.
CARRIED
NEXT MEETING
The next meeting is scheduled for Wednesday, December 15, 2004, at 7:30 a.m. in the
Leksand Room, Town Hall.
—75—
COUNCIL - NOVEMBER 23, 2004 AGENDA ITEM # g
'TOWN OF AURORA
COUNCIL REPORT No. LSAC04-06
SUBJECT: November 11, 2004, Leisure Services Advisory Committee Meeting
FROM: Chair
Council Members
Committee Members
Absent
DATE: November 23, 2004
RECOMMENDATIONS
- Councillor Kean
- Councillor Gaertner and Vrancic
- Diane Buchanan, John Gallo, Dawn Irwin,
Al Wilson
- Alan Dean, Stephen Dupuis
THAT the Committee Record of the Leisure Services Advisory Committee Meeting,
held on November 11, 2004, be received for information; and
Report LSO4-057, Library Square - Next Steps
Percentage of Cost Recovery Required
THAT the recovery rate from the user groups be at least 100% plus a Return on
Investment, the amount of which will be determined by staff.
Responsibility for Upgrades and Renovations
THAT the Town ofAurora bring the outside of the former Library and Seniors' Centre
to a basic Building Code standard in order that it may be leased; and
THAT the Town of Aurora negotiate leasehold improvements with prospective
tenants.
Length of Lease Required
THAT the leases for the available space in Library Square be a minimum of one (1)
year and a maximum of five (5) years.
Type of User Groups
THAT the type of user considered by the Town ofAurora forleasing and/or permitted
use of the available space in Library Square be non-profit, community based
organizations within Aurora, with consideration given to regional organizations
using a value matrix.
-76-
COUNCIL - NOVEMBER 23, 2004
November 23, 2004
Availability of Space
-2-
Report No. LSAC04-06
THAT the Director of Leisure Services be authorized to advertise, at a future date
once the costs are determined, for Expression of Interest for potential lease space of
up to 20,000 square feet in the former Library and the present Seniors' Centre; and
THAT the advertisement indicate date of availability, as well as costs; and
THAT the respondents indicate their needs for the space.
Status of Existing Users
THAT all appropriate groups be given equal opportunity to lease the available space.
Pricing Policy, discussion on subsidization levels
THAT the Pricing Policy be deferred to the next Leisure Services Advisory
Committee meeting.
INFORMATIONAL ITEMS
Report LS04-056, Pre -School Programs - Business Plan
THAT report LS04-056 - Pre -School Programs - Business Plan be received for
information.
BACKGROUND
Attached for the information of Council are the Minutes of the Leisure Services Advisory
Committee Meeting LSAC04-06, held on November 11, 2004.
Nil.
OPTIONS
Nil.
CONCLUSIONS
Nil.
-77-
COUNCIL - NOVEMBER 23, 2004
November 23, 2004 - 3 -
FINANCIAL IMPLICATIONS
None.
ATTACHMENTS
1. Copy of Committee Record No. LSAC04-xx.
Report No. LSAC04-06
Prepared by. Carol Clark, Council/Committee Secretary, ext. 4227
Reviewed by. Allan D. Downey, Director of Leisure Services, ext. 4752
Councillor Nigel Ke n, Chair
— Leisure Services Advisory Committee
own
COUNCIL — NOVEMBER 23, 2004
LEISURE SERVICES ADVISORY COMMITTEE RECORD
MEETING NO. 04-06
Date: Thursday, November 11, 2004
Time and Location: 7:00 p.m., Leksand Meeting Room, Aurora Town Hall,
100 John West Way
Committee Members: Councillor Kean, Chair, Councillors Gaertner and Vrancic,
Diane Buchanan, John Gallo, Dawn Irwin, Al Wilson
Staff Attendees: Allan Downey, Director of Leisure Services; Carol Clark,
Council/Committee Secretary
Absent: Alan Dean, Stephen Dupuis
Other Attendees: None
Councillor Kean called the meeting to order at 7:05 p.m.
ADDITIONSIDELETIONS TO AGENDA
AI Downey indicated that he would distribute additional supporting information related to
Item 2 — LS03-057 - Library Square — Next Steps on the agenda.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OF AGENDA
Moved by Councillor Vrancic
Seconded by Dawn Irwin
THAT the content of the agenda as circulated by the Leisure Services
Department be approved as outlined herein, with the following additions:
—79—
COUNCIL — NOVEMBER 23, 2004
Leisure Services Advisory Committee Record No. 04-06 Page 2 of 6
Thursday, November 11, 2004
➢ Capital Repair Expenditure Projection Table — Seniors' Centre
➢ Capital Repair Expenditure Projection Tables — Former Library
➢ Building Code Review of Seniors' Centre and Former Library
CARRIED
REVIEW OF PREVIOUS MEETING REPORT
Leisure Services Advisory Committee Meeting
Report No. 04-05, dated Thursday, October 14, 2004
The Leisure Services Advisory Committee Meeting Report No. 04-05 of Thursday,
October 14, 2004 was received.
DELEGATION(S)
►Remit -
MATTERS FOR CONSIDERATION
2. Report LSO4-057, Library Square —Next Steps
AI Downey reviewed the details of report LSO4-057, and indicated that the buildings
included in Library Square are: the new Library, the former Library, the present Seniors'
Centre, Church Street School and Victoria Hall.
There was some discussion amongst the members as to whether a need has been
identified for the leasing and/or permitted use of the former Library, the Seniors' Centre
and Victoria Hall. Based on past relationships with certain groups, AI Downey indicated
that there has been a demonstrated need, and suggested possible groups as being Big
Brothers, The Bridge Club, CHATS and other groups who have indicated a need for
space.
The members reviewed each of the seven listed criteria, in order to develop a process by
which to determine the future use of the former Library and the Seniors' Centre.
:m
COUNCIL — NOVEMBER 23, 2004
Leisure Services Advisory Committee Record No. 04-06 Page 3 of 6
Thursday, November 11, 2004
1. Percentage of Cost Recovery Required
Moved by Dawn Irwin Seconded by Councillor Vrancic
THAT the recovery rate from the user groups be at least 100% plus a Return
on Investment, the amount of which will be determined by staff.
"t
3. Responsibility for Upgrades and Renovations
Moved by Councillor Vrancic
Seconded by Dawn Irwin
THAT the Town of Aurora bring the outside of the former Library and Seniors'
Centre to a basic Building Code standard in order that it may be leased; and
THAT the Town of Aurora negotiate leasehold improvements with prospective
tenants.
CARRIED
2. Length of Lease Required
Moved by Dawn Irwin
Seconded by Councillor Vrancic
THAT the leases for the available space in Library Square be a minimum of one
(1) year and a maximum of five (5) years.
CARRIED
4. Building Code and Safety Requirements
Al Downey indicated that, to bring the former Library building up to Building Code
standards, quite a few additions must be made, such as, but not limited to, a sprinkler
system, more washrooms, more fire separations, additional fire exits and a fire alarm.
Discussion took place regarding the best way of distributing the available space, and
whether a minimum square footage should be required for leasing. Al Downey advised
that the more sections the buildings are broken down into, the greater the Building Code
requirements would be.
The members agreed that Expressions of Interest must be received prior to making a
decision on the optimal method of distributing the space.
"«
COUNCIL — NOVEMBER 23, 2004
Leisure Services Advisory Committee Record No. 04-06 Page 4 of 6
Thursday, November 11, 2004
5. Type of User Groups
Moved by Councillor Gaertner Seconded by Dawn Irwin
THAT the type of user considered by the Town of Aurora for leasing and/or
permitted use of the available space in Library Square be non-profit, community
based organizations within Aurora, with consideration given to regional
organizations using a value matrix.
CARRIED
6. Availability of Space
Moved by Councillor Vrancic
Seconded by Diane Buchanan
THAT the Director of Leisure Services be authorized to advertise, at a future date
once the costs are determined, for Expression of Interest for potential lease space
of up to 20,000 square feet in the former Library and the present Seniors' Centre;
and
THAT the advertisement indicate date of availability, as well as costs; and
THAT the respondents indicate their needs for the space.
CARRIED
7. Status of Existing Users
Moved by John Gallo
Seconded by Councillor Gaertner
THAT all appropriate groups be given equal opportunity to lease the available
space.
CARRIED
1. Pricing Policy, discussion on subsidization levels
Moved by Councillor Vrancic Seconded by Diane Buchanan
THAT the Pricing Policy be deferred to the next Leisure Services Advisory
Committee meeting.
CARRIED
WIWI
COUNCIL — NOVEMBER 23, 2004
Leisure Services Advisory Committee Record No. 04-06 Page 5 of 6
Thursday, November 11, 2004
SUB-COMMITTEES/UPDATES
Youth Action Committee
None
Special Events Committee
None
Leash Free Dog Park
►70"M Z'
INFORMATIONAL ITEMS
1. Report LSO4-056, Pre -School Programs — Business Plan
Moved by Councillor Vrancic Seconded by John Gallo
THAT report LSO4-056 — Pre -School Programs — Business Plan be received for
information.
CARRIED
2. Youth Action Committee Meeting Minutes, October 20, 2004
The minutes were provided to the members.
OTHER BUSINESS BY MEMBERS
Dawn Irwin reminded the members that the Aurora Santa Claus Parade is on Saturday,
November 27ffi
Dawn Irwin advised the members that Warner Brothers is donating bell ornaments to certain
municipalities, which are representative of the new movie "Polar Express" now out in theatres.
The bells are being sold for $1.00 each for people to bring to the Santa Claus Parade. The
proceeds from the sale of the bells are anticipated to go towards the Santa Claus Parade and
selected charities.
Councillor Kean requested information regarding the date for the Ground Breaking Ceremony
for the new Seniors' Centre, to which Al Downey responded that Council has not yet agreed
upon a date.
W
COUNCIL — NOVEMBER 23, 2004
Leisure Services Advisory Committee Record No. 04-06 Page 6 of 6
Thursday, November 11, 2004
Al Wilson requested information on how far behind the building of the Seniors' Centre is, to
which Al Downey responded that it is approximately 1 month behind schedule.
ADJOURNMENT
Moved by Dawn Irwin
Meeting adjourned at 9:20 p.m.
CARRIED
NEXT MEETING
It was noted that the next meeting of the Leisure Services Advisory Committee will take
place on Thursday, December 9, 2004 at 7:00 pm in the Leksand Room.
SIM
COUNCIL - NOVEMBER 23, 2004 AGENDA ITEM # 9
ta'TOWN OF AURORA
COUNCIL REPORT No. AHC 04-06
SUBJECT: November 8, 2004, Aurora Heritage Committee Meeting
FROM: Diane Fergueson (Chair), Margaret Brevik, Councillor Nigel Kean,
Bob McRoberts, Walter Mestrinaro, John McIntyre, Stan Rycombel,
Jane Staunton, Councillor Ron Wallace
DATE: November 23, 2004
RECOMMENDATIONS
THAT the Committee Record of the Aurora Heritage Committee Meeting
held on November 8, 2004 be received for information; and
2. THAT Heritage Committee recommends that does not have any objections
to the proposed commercial development of the property known as 669
Wellington St. E., including the removal of the existing house, and that the
owner be requested to erect a plaque which provides a brief history and
heritage of the property, and that the design of the plaque be submitted to
the Heritage Committee for approval prior to its installation; and
3. THAT the Heritage Committee recommends that the original elevation
design for the front of the house at 14996 Yonge St. be approved; and
4. THAT Heritage Committee advise the Committee of Adjustment that it has
concerns with the architectural style that has been proposed for, the
addition at 37 Connaught Ave. and requests that the applicant meet with
the Heritage Committee at the next meeting to discuss the details of the
proposal, and
5. THAT the Director of Corporate Services meet with the Olde Aurora
Ratepayers Association in order to assist with the drafting of a revised
document(survey that could be circulated to the residents within the
heritage district study area; and
6. THAT Ms. Jacqueline Stewart be nominated to the Ontario Heritage
Foundation as candidate under the category of Cultural Heritage for her
contributions over the years with the Aurora Historical Society, and
mom
COUNCIL - NOVEMBER 23, 2004
November 8, 2004 - 2 - Report No. 04-06
7. That the request for the erection of a plaguing in front of the old library be
received and deferred until the Leisure Services Committee and Council
has had an opportunity to confirm the long term use of the facility, and
once the decision has been made that the matter be brought back to the
Heritage Committee for further discussions on the erection of a plaque.
ATTACHMENTS
Committee Record 04-06
Prepa by: Bob Panizza
D. Fergueson, Chair
Aurora Heritage Committee
U.
COUNCIL - NOVEMBER 23, 2004
AURORA HERITAGE
COMMITTEE RECORD
NO. 04-06
Committee: Aurora Heritage Committee
Date: November 8, 2004
Time and Location: 7:00 p.m. Holland Room, Town Hall
Committee Members: Diane Fergueson (Chair), Margaret Brevik, Councillor
Nigel Kean, Bob McRoberts, Walter Mestrinaro,
Stan Rycombel, Councillor Ron Wallace
Absent: John McIntyre, Jane Staunton
Staff:
Bob Panizza
DECLARATIONS OF INTEREST
None
APPROVAL OF AGENDA
Moved by Councillor Kean
Seconded by Councillor Wallace
That the agenda including the addendum item be approved.
CARRIED
APPROVAL OF THE MINUTES
Moved by Councillor Kean
Seconded by S. Rycombel
That the minutes of the Aurora Heritage Committee No. 04-05 dated
Oct. 18, 2004 be approved.
CARRIED
MHO
COUNCIL — NOVEMBER 23, 2004
DELEGATIONS
#1 Redevelopment of 669 Wellington Ave. E. —Hartman House (1314-06-04)
Mr. John Chapman representing Aurora
to discuss the proposed development
dealership and the impact the plan will h
exists on the property.
Toyota, appeared before the Committee
it 669 Wellington St. E. for a new car
ave on the Hartman House that currently
Mr. Chapman indicated that the house has undergone extensive renovations and
remodeling over the years on both the outside and inside of the house and no
longer resembles the original house that was constructed. He further advised
that the relocation of the house within the proposed plan was not feasible and
that he had also investigated the possibility of moving the house but was advised
that the house would probably fall down if moving it was attempted.
Moved by Councillor Kean Seconded by Councillor Wallace
That Heritage Committee recommends that does not have any objections to the
proposed commercial development of the property known as 669 Wellington St.
E., including the removal of the existing house, and that the owner be requested
to erect a plaque which provides a brief history and heritage of the property, and
that the design of the plaque be submitted to the Heritage Committee for
approval prior to its installation.
CARRIED
#2 Redevelopment of 14996 Yonge St. — (1314-11-04)
Mr. B. Moore addressed Committee as a follow up to his previous delegation in
September regarding the proposed redevelopment of 14996 Yonge St to
accommodate the relocation of his business. Mr. Moore presented sketches of
the original redesigned front elevation as well as a revised version which
incorporated the suggested changes recommended by the Committee.
Moved by M. Brevik
Seconded by Councillor Kean
That the Heritage Committee recommends that the original elevation design for
the front of the house at 14996 Yonge St. be approved.
CARRIED
COUNCIL — NOVEMBER 23, 2004
MATTERS FOR CONSIDERATION
1. Proposed Addition to 37 Connaught Ave.
Moved by Councillor Wallace Seconded by B. McRoberts
That the Heritage Committee advise the Committee of Adjustment that it has
concerns with the architectural style that has been proposed for the addition at
37 Connaught Ave. and requests that the applicant meet with the Heritage
Committee at the next meeting to discuss the details of the proposal.
,d_ V01:1
2. Heritage District Study Area
Mr. Gordon Barnes of Catherine Ave. appeared on behalf of the Olde Aurora
Ratepayers Association to discuss the status of the heritage district study and
comment on the residents survey that has been circulated to the neighborhood.
Mr. Barnes suggested that a revised document be circulated to the residents that
provides less detail as well as an opportunity for community input rather that the
structured questionnaire that was circulated. Members supported a suggestion
by the Director of Corporate Services that he would meet with the Association in
order to draft a new document.
Moved by Councillor Kean Seconded by Councillor Wallace
That the Director of Corporate Services meet with the Olde Aurora Ratepayers
Association in order to assist with the drafting of a revised document/survey that
could be circulated to the residents within the heritage district study area.
CARRIED
3. Blue/Lundy House, 938 St. John's Sideroad
Members reviewed the letter from Jacqueline Stuart of the Aurora Historical
Society. Ms. Stuart was inquiring about the status of the house situated at 938
St. John's Sideroad . The Director of Corporate Services advised that the Town
has initiated measures with the developer, to protect the house and that the
house has been identified for preservation as part of the Conditions of Approval
for the new subdivision plan.
ago
COUNCIL - NOVEMBER 23, 2004
Moved by Councillor Kean Seconded by Councillor Wallace
That the status report be received for information.
CARRIED
4. Ontario Heritage Foundation
Moved by Councillor Kean Seconded by Councillor Wallace
That Ms. Jacqueline Stewart be nominated to the Ontario Heritage Foundation as
candidate under the category of Cultural Heritage for her contributions over the
years with the Aurora Historical Society.
CARRIED
5. Correspondence
Moved by S. Rycombel
That the correspondence be received.
OTHER BUSINESS
Seconded by Councillor Wallace
CARRIED
M. Brevik briefed members regarding the name Aurora Heritage Centre which
was adopted by the Aurora Historical Society approximately 5 years ago for the
Church St. School/Museum. She indicated that the Historical Society 'is
concerned that their name may be confused with the new name that was
adopted for the Aurora Heritage Committee.
Moved by Councillor Wallace Seconded by Councillor Kean
That this matter be deferred to the next Committee meeting for further
discussions.
CARRIED
o
COUNCIL - NOVEMBER 23, 2004
D. Fergueson inquired on behalf of a resident, R. Beaton to a plaque placed in
front of the Old Town Library on Victoria St. which provides historical details of
the building.
Moved by Councillor Kean Seconded by Councillor Wallace
That the request for the erection of a plaque in front of the old library be received
and deferred until the Leisure Services Committee and Council has had an
opportunity to confirm the long term use of the facility, and once the decision has
been made that the matter be brought back to the Heritage Committee for further
discussions on the erection of a plaque.
CARRIED
ADJOURNMENT
Moved by Councillor Wallace
That the meeting be adjourned at 9:00 p.m.
—91—
Mersa c Pa e 1 of 2
COUNCIL — NOVEMBER 23, 2004
AGENDA ITEM # 0
Panizza, Bob
From: Phyllis Morri
Sent: Fdday, November 12, 2004 9:35 AM
To: Panlzza, Bob -
Cc: Ellis, Cooky
Subject: RE: john weslway
PLEASE place this on the next councll agenda
[mailto:[]ones@town.aumra.on.ca]
9:00 AM
Subject: FW: John weslway
Forwarded as requested.
Tim
-----Od [net Massa a -----
From:
Sent: Thursday, November 11, 2004 11:D6 PM
To: ]ones, Tim
Subject: john westway
Lets stop the Insanity, NO to the name change of John West Way. do not wish my tax dollars spent on
this lunacy, nor do I want any lawyer paid to investigate that you wrote an article in the paper about it.
Thank you for doing so, stand up to these councilors!
What a bunch of whining about protocol, motions and such. This council is a mess. Stand up to these
whiners and stop making us watch this droning on and reading about It. Hazel McCallion wouldn't stand
for such disconnect and neither should you. When is any business going to get done? We have been
listening to idol drivel for months about nothing, and the same goes on week after week, stop this now!!
No again to a name change that will cost thousands, to change letter heads and all the other associated
consequences for What??? Is it really so that these complaining children on council can see there names
in so called lights -Wallace Way, or Morris PI. or Kean Cres. Gaertner Expressway. Who the hell cares;
the street has been named ... Move on!!!
Noway to dosed door meetings so that we can't see all this whining, otherwise it could go on forever
unchecked, at an enormous expense, imagine that, wow!
Please cc. this message to all councilors, post it for other people to see, and maybe there is a way WE the
townspeople can decide if we really want a street name change. Since this is so all fired important what
about Cassell Causeway? I do like the sound of that) Ha-hol Just kidding don't waste another penny,
even thinking about it!
Why can't we work on some important Issues like:
Better recycling, This Is the most wasteful town I have ever seen.
Improved facilities at the Works department for recycling
11/17/2004 —92
—Es— b00Z/L1/11
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COUR IL - NOVEMBER 23, 2004
AGENDA ITEM 9 9i
Panizza, Bob
From: PMorris
-
Sent: Tuesday, November 16, 2004 10:49 AM
To: Panizza, Bob
Cc: Jones, Tim
Subject: In -Camera add-ons
Dear Bob;
Having not received a reply from the Mayor to my letter of last Wednesday.
I wish to place this onto Council's public agenda next week.
Cllr. Phyllis Morris
-----Original Message ----
From: P Morri
Sent: Wednesday, Novem er 10, 2004 5:50 PM
To: 'tjones@town.aurora.on.ca'
Cc: 'bpsnizza@tnwn.aurora.on.ca'
Subject:
Please see attached
11/17/2004 -94
COUNCIL — NOVEMBER 23, 2004
Phy11Ys
MORRISFROM THE DESK OF THE DEPUTY MAYOR, TOWN OF AURORA
Wednesday, November 17, 2004
Dear Mr. Mayor:
Last night ; after all that had been said during public discussion about Council being able to keep
themselves from straying at "assemblies" into areas of discussions or debates that are not allowed.......
After numerous reassurances were given that Council would not introduce any topic for discussion or take
any action at "assemblies" that are not permitted.......
And after you as Mayor were quoted in the Era -Banner, November 7th 2004, as saying;
"At least six of us have enough faith in ourselves that we will stick to the rules".........
Considering all of the above, it is somewhat disturbing to note; that within less than an hour of last nights
meeting, where all of those statements were made, it appears that the in -camera rules specific to the
Municipal Act were themselves at risk of being ignored, had I not stepped in.
You will recall that just before adjournment, Council voted last night to go in -camera to discuss a
°personnel matter". Yet, after the end of the in -camera discussion on that topic, as we were leaving, as
chairperson you attempted to introduce another non -agenda item with what is fast becoming a familiar
phrase when trying to add something ....."While Council is here ............"
Being present at this official and legally constituted Council meeting, I was able to step-in immediately to
highlight this lapse in rules. My actions effectively putting a halt to your fresh item being tabled and
inadvertently discussed by Councillors.
The Clerk upon hearing my comments confirmed that I was correct and we all left.
According to the Municipal Act .......,Sec. 239 (4)
Before holding a meeting or part of a meeting that is to be closed to the public, a municipality
or local board or committee of either of them shall state by resolution,
(a) the fact of the holding of the closed meeting; and
(b) the general nature of the matter to be considered at the closed meeting. 2001,
c. 25,s. 239 (4).
Therefore, it's my understanding that no additional items were permitted to be discussed by Council
behind closed doors last night. As we had not voted to take anything other than "personnel matters"
in -camera.
By Copy of this email I am requesting that the Clerk place a copy into the Councilors public
correspondence file and onto the public agenda on the evening that council deals with the passage of the
Procedural by-law amendments, on Nov. 23'd.
Town of Aurora, 100 John West Way, Aurora, Ontario L4G 6J1 • (905) 727-3123 ext. 4267
On the Internet: http://www,phyllismorris.net
_95_
COUNCIL - NOVEMBER 23, 2004
As the in -camera meeting discussion related to the "personnel matter' only, and as discussion had
already concluded, it could be concluded that the matter you were attempting to introduce was not
appropriately in -camera. Therefore any comments made after the in -camera portion had closed, are not
covered by in -camera confidentiality.
This is of serious concern. Because if as Chairperson, during a properly constituted in -camera meeting
you are seen to ignore the rules so soon after discussing the very matter of rules, and while the
procedural by-law debate was presumably still fresh in everyone's mind.
What guarantee can you offer the public that you as Chair will be able to ensure that such a lapse will not
occur while at an "assembly"? Because assemblies will be conducted in a less formal setting with free-
wheeling chats going on, perhaps out of earshot of the public and media while behind closed doors.
Sincerely,
Phyllis Morris
llis
MYORRIS
Aurora's Deputy Mayor
Town of Aurora, 100 John West Way, Aurora, Ontario L4G 6,11 - (905) 727-3123 ext. 4267
On the Internet: http://www.phyllismorris.net
2
0
COUNCIL - NOVEMBER 23, 2004 1GENDAITEW d2-
Panizza, Bob
From:
P Morris -
Sent:
Wednesday, November 10, 2004 12:01 PM
To:
Parmz @, Bob
Cc:
'Karen Kantaroff
Subject:
RE: Procedural By -Law Change
Bob
As this arrived to -day, please place Ma.Kantoroff's -correspondence on the agenda the
fight the By -Law is enacted Nov.23rd ._
P
All correspondence received commenting to the by-law will need to form part of the agenda
that night.
I will send you a cover letter to attach to any emails or letters that are being copied or
forwarded through me.
Thank you
Councillor Phyllis Morrie
-----original message -----
From: Karen Kantaroff
Sent: Wednesday, November 10, 2004 8:07 AM
To: bpanizza®town. aurora.on.ca
Cc: p.morrio@aci.on.ca
subject: Procedural By- Law change
Mr Bob Paulson,
As a tax paying citizen of Aurora, who voted to elect the current council, I would like
to express my opposition to the proposed by- law change regarding off site, closed to the
public meetings !
Yours Truly,
ntaroff
aren Kantarof£
1
-97-
COUNCIL - NOVEMBER 23, 2004
L GENDA IT=#15
Resolution from Councillor Wallace
(Follow-up from Notice of Motion - November 9, 2004 Council
Meeting)
WHEREAS the address of Toronto City Hall is officially known as 100
Queen Street West; and
WHEREAS the Toronto City Hall sits on a plot of land known as
Nathan Philips Square; and
THEREFORE, BE IT RESOLVED, the Aurora Town Hall and future
Aurora Seniors' Centre be situated on a plot of land, size to be
determined, to be known as John West Square.
COUNCIL - NOVEMBER 23, 2004
LAGENDA ITEM # 114
19 6 -TOWN OF AURORA
COUNCIL REPORT No. TR04-020
SUBJECT: Temporary Borrowing By-law
FROM: Jim Carey, Director of Finance / Treasurer
DATE: November 23, 2004
RECOMMENDATIONS
THAT the Mayor and the Director of Finance/Treasurer be authorized to borrow from
time to time until the property taxes are collected, such sums as the Council
considers necessary to meet the current expenditures of the Corporation for the
year in accordance with the Section 407 of the Municipal Act, 2001, S.O. 2001 c. 25
as amended;
THAT except with the approval of the Ontario Municipal Board (OMB) the total
amount borrowed at any one time plus outstanding amounts of principal borrowed
and accrued interest shall not exceed,
a) From January 1 to September30 in the year, 50 percent of the total estimated
revenues of the municipality asset out in the budget adopted for the year; and
b) From October Ito December31 in the year, 25 percent of the total estimated
revenues for the municipality as set out in the budget adopted for the year
THAT By-law Number 4424-03.F be repealed;
THAT Council enact By-law number 4613-045 authorizing temporary borrowing by
the Corporation pending the receipt of Municipal revenues pursuant to Section 407
of the Municipal Act, 2001, S.O. 2001 c. 25 as amended.
BACKGROUND
Section 407 of the Municipal Act, 2001, S.O. 2001c. 25 as amended provides that Council
may by by-law, authorize the Mayor and the Treasurer to borrow from time to time by way
of promissory note, such sums as -may be necessary to meet the current expenditures of
the Corporation until the property tax levies and other revenues are received by the Town.
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 - 2 - Report No. TR04-020
The borrowing may also include amounts required in the year for. -
a) Sinking and retirement funds
b) Principal and interest due on any debt of the municipality
c) School purposes
d) Other purposes the municipality is required to by law to provide for; and
e) The amount of principal and interest payable by a person or municipality primarily
liable for a debt, if the municipality has guaranteed the debt and the debt is in
default.
Except with the approval of the Ontario Municipal Board (OMB), the total amount borrowed
at any one time plus any outstanding amounts of principal borrowed and accrued interest
shall not exceed:
a) From January I to September 30 in the year, 50 per cent of the total estimated
revenues of the municipality as set out in the budget adopted for the year, and
b) From October I to December 31 in the year, 25 per cent of the total estimated
revenues for the municipality as set out in the budget adopted for the year
COMMENTS
A temporary borrowing by-law is required as timing differences may occur between the
requirement to expend funds for current expenditures and the receipt of current revenues
to finance current expenditures.
Although it has been the practice of the Town of Aurora to borrow from its Reserves and
Reserve Funds, the recommendations contained in this report also provide for borrowing
from Financial Institutions in the event that sufficient Reserves and Reserve Funds are not
available.
Certainly, both the Interim Property Tax Levy and Taxpayer participation in the Town's Pre -
authorized Payment (PAP) plan mitigate the potential need for temporary borrowing.
OPTIONS
Council may wish not to enact a by-law authorizing temporary borrowing by the Mayor and
Director of Finance[Treasurer on behalf of the Corporation.
The existence of a temporary borrowing by-law ensures that staff, if necessary, have
access to short-term financial resources to bridge any gap between the timing of collecting
general municipal sources of revenue (eg. municipal property taxes, retail water/sewer
revenues, etc.) and the timeframe for which payment to vendors and suppliers is required
to fulfil Corporate obligations.
—100—
COUNCIL — NOVEMBER 23, 2004
November 23, 2004 - 3 - Report No. TR04-020
CONCLUSIONS
The recommendations contained in this report will ensure uninterrupted municipal
operations and timely payment of the Corporation's obligations, should any timing
differences occur between the receipt of the Town's current revenues and its current
expenditures during the fiscal period.
FINANCIAL IMPLICATIONS
Any temporary borrowings by the Town would be subject to interest payable at the
prevailing market rates based on a spread over the Chartered Bank Prime Lending Rate.
LINK TO STRATEGIC PLAN
Goal "A" — A Well Managed and Fiscally Responsible Municipality
ATTACHMENTS
Appendix "A" - By-law No. 4613-04.F Being a By-law to authorization temporary
borrowing pursuant to Section 407 of the Municipal Act, 2001, SC
2001, c. 25, as amended.
Appendix "B" - By-law No. 4424-03.F — Being a By-law to authorization temporary
borrowing pursuant to Section 407 of the Municipal Act, 2001, SC
2001, c. 25, as amended. To be repealed.
PRE -SUBMISSION REVIEW
Management Team Review — Wednesday, November 10, 2004
Prepared by: Jim Carey, Director of Finance/Treasurer (Ext. #4111)
Jim ey
Director of Finance/Treasurer
—101—
COUNCIL - NOVEMBER 23, 2004
Appendix A
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4613-04.F
BEING A BY-LAW to
authorize temporary
borrowing by . the
Corporation pending
the receipt of Municipal
revenues, pursuant to
Section 407 of the
Municipal Act, 2001, SO
2001, c. 25. as amended.
WHEREAS pursuant to Section 407 of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended may by by-law authorize the Head of Council and the Treasurer to borrow
from time to time by way of promissory note or banker's acceptance such sums as
the Council considers necessary to meet, until property taxes are collected and other
revenues received, the current expenditures of the Corporation for the year,
including the amounts required for sinking and retirement funds, principal and
interest due on any debt of the Municipality, school purposes, and other purposes
the Municipality is required by law to provide for;
AND WHEREAS pursuant to the Municipal Act the amount that may be borrowed at
any one time for the purposes mentioned, together with the total of any similar
borrowings that have not been repaid, shall not exceed, from January 151 to
September 30;h of the year, 50 per cent of the total, and from October Vt to
December 31" of the year, 25 per cent of the total of the estimated revenues for the
Corporation as set forth in the estimates adopted for the year.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT the Mayor and Director of Finance/Treasurer of the Town of Aurora
are hereby authorized to borrow from time to time such sums as the
Council considers necessary to meet, until property taxes are collected
and other revenues received, the current expenditures for the Corporation
for the year, including amounts required for sinking and retirement funds,
principal and interest due on any debt of the Municipality, school
purposes, and other purposes the Municipality is required by law to
provide for.
2. THAT the amount that may be borrowed at any one time for the purposes
mentioned in section (1) together with the total of any similar borrowings
that have not been repaid shall not exceed, from January I" to September
30'h of the year, 50 per cent of the total, and from October 1" to December
31s1 of the year, 25 per cent of the total of the estimated revenues for the
Corporation as set forth in the estimates adopted for the year.
THAT until such annual estimates are adopted, the limitations upon
borrowing prescribed by section (2) shall temporarily be calculated using
the estimated revenue of the municipality set out in the budget adopted for
the previous year.
-102-
COUNCIL - NOVEMBER 23, 2004
By-law 4613-04. F
Page 2 of 2
4. THAT In sections (2) and (3), estimated revenues do not include revenues
derivable or derived from, any borrowing, including through any issue of
debentures; a surplus, including arrears of taxes, fees or charges; or a
transfer from the capital fund, reserves or reserve funds.
5. THAT the lender is not responsible for establishing the necessity of
temporary borrowing or to the manner in which the borrowing is used.
6. THAT all sums borrowed pursuant to the authority of this by-law shall, With
interest thereon, be charge on the whole or any part or parts of,the
revenues of the Corporation for the current year and for preceding years
Eta and when such revenues are received.
7. THAT any promissory note made under the authority of Section 1 of this
by-law shall be sealed with the seal of the Corporation and signed by the
Mayor and Director of FinancelTreasurer.
S. THAT By-law No. 4424-03 be and is hereby repealed.
9. THAT the provisions of this By-law shall come into force and effect upon
final passage thereof and shall remain in effect until repealed.
READ A FIRST AND SECOND AND THIRD TIME THIS
23rd DAY OF NOVEMBER . 2004.
r. JONES, MAYOR
B. PANIZZA, MUNICIPAL CLERK
-103-
COUNCIL - NOVEMBER 23, 2004
Appendix B
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4424-03.F
BEING A BY-LAW to
authorize temporary
borrowing by the
Corporation pending
the receipt of Municipal
revenues, pursuant to
Section 407 of the
Municipal Act, 2001, SO
2001, G. 25 as amended.
WHEREAS pursuant to Section 407 of the Municipal Act 2001, S.O. 2001, c, 25 as
amended may by by-law authorize the Head of Council and the Treasurer to borrow
from time to time by way of promissory note or banker's acceptance such sums as
the Council considers necessary to meet, until property taxes are collected and other
revenues received, the current expenditures of the Corporation for the year,
including the amounts required for sinking and retirement funds, principal and
interest due on any debt of the Municipality, school purposes, and other purposes
the Municipality is required by law to provide for;
AND WHEREAS pursuant to the Municipal Act the amount that may be borrowed at
any one time for the purposes mentioned, together with the total of any similar
borrowings that have not been repaid, shall not exceed, from January 1" to
September 301h of the year, 50 per cent of the total, and from October 15t to
December 315t of the year, 25 per cent of the total of the estimated revenues for the
Corporation as set forth in the estimates adopted for the year.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT the Mayor and Director of Finance/Treasurer of the Town of Aurora
are hereby authorized to borrow from time to time such sums as the
Council considers necessary to meet, until property taxes are collected
and other revenues received, the current expenditures for the Corporation
for the year, including amounts required for sinking and retirement funds,
principa! and interest due on any debt of the Municipality, school
purposes, and other purposes the Municipality is required by law to
provide for.
2. THAT the amount that may be borrowed at any one time for the purposes
mentioned in section (1) together with the total of any similar borrowings
that have not been repaid shaft not exceed, from January 1st to September
30th of the year, 50 per cent of the total, and from October Vt to December
315t of the year, 25 per cent of the total of the estimated revenues for the
Corporation as set forth in the estimates adopted for the year.
THAT until such annual estimates are adopted, the limitations upon
borrowing prescribed by section (2) shall temporarily be calculated using
the estimated revenue of the municipality set out in the budget adopted for
the previous year.
-104-
COUNCIL — NOVEMBER 23, 2004
By-law 4424-03.F
Page 2 of 2
4. THAT In sections (2) and (3), estimated revenues do not include revenues
derivable or derived from, any borrowing, including through any issue of
debentures; a surplus, including arrears of taxes, fees or charges; or a
transfer from the capital fund, reserves or reserve funds.
5. THAT the lender is not responsible for establishing the necessity of
temporary borrowing or to the manner in which the borrowing is used.
6. THAT all sums borrowed pursuant to the authority of this by-law shall] with
interest thereon, be charge on the whole or any part or parts of the
revenues of the Corporation for the current year and for preceding years
as and when such revenues are received.
7. THAT any promissory note made under the authority of Section 1 of this
by-law shall be sealed with the seal of the Corporation and signed by the
Mayor and Director of Financell-reasurer.
8. THAT By-law No. 3361-91 be and is hereby repealed.
9. THAT the provisions of this By-law shall come into force and effect upon
final passage thereof and shall remain in effect until repealed.
READ A FIRST AND SECOND AND THIRD TIME THIS 22nd DAY OF APRIL , 2003.
T. JONES, MAYOR B. PANIZZA, MUNICIPAL CLERK
—105—
COUNCIL - NOVEMBER 23, 2004
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4609-04.T
BEING A BY-LAW to amend
Parking By-law 4574-04.T
as amended, with respect
to parking 'on Gurnett
Street
WHEREAS Section 11 (1) of the Municipal Act 2001, S.0.2001 C.25, as amended
authorizes a municipality to pass by-laws for the regulation of traffic on highways;
AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora
enacted By-law 4574-04.T, as amended, being the Parking and Traffic Control By-
law;
AND WHEREAS the Municipal Council of the Corporation of the Town of Aurora
deems it necessary and expedient to amend By-law 4574-04.T, as amended;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF
THE TOWN OF AURORA ENACTS AS FOLLOWS:
THAT Schedule I respecting No Parking to By-law 4574-04.T, as amended,
is hereby amended by the addition thereto of the following:
COLUMN t- COLUMN2-SIDE
HIGHWAY
COLUMN3-FROM:
TO:
COLUMN 4-
PROHIBITED
TIMES OR DAYS
Gurnett Street West
From:
a point 15 meters south
8:00a.m. to 5:00p.m.
of Kennedy Street East
Monday to Friday
To:
Cousins Drive
Gurnett Street East
From:
a point 15 meters north
8:00a.m. to 5:00p.m.
of Kennedy Street East
Monday to Friday
To:
a point 15 meters south
of Connaught Avenue
2. THAT the provisions of this By-law shall come into force upon third reading and
when properly worded signs have been erected and are on display.
READ A FIRST AND SECOND TIME THIS 9tb DAY OF NOVEMBER, 2004.
READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF NOVEMBER, 2004.
JONES, MAYOR
B. PANIZZA, MUNICIPAL CLERK
-106-
COUNCIL - NOVEMBER 23, 2004
Appendix A
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4613-04.F
BEING A BY-LAW to
authorize temporary
borrowing by the
Corporation pending
the receipt of Municipal
revenues, pursuant to
Section 407 of the
Municipal Act, 2001, SO
2001, c. 25 as amended.
WHEREAS pursuant to Section 407 of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended may by by-law authorize the Head of Council and the Treasurer to borrow
from time to time by way of promissory note or banker's acceptance such sums as
the Council considers necessary to meet, until property taxes are collected and other
revenues received, the current expenditures of the Corporation for the year,
including the amounts required for sinking and retirement funds, principal and
interest due on any debt of the Municipality, school purposes, and other purposes
the Municipality is required by law to provide for;
AND WHEREAS pursuant to the Municipal Act the amount that may be borrowed at
any one time for the purposes mentioned, together with the total of any similar
borrowings that have not been repaid, shall not exceed, from January 16' to
September 301" of the year, 50 per cent of the total, and from October 1" to
December 31" of the year, 25 per cent of the total of the estimated revenues for the
Corporation as set forth in the estimates adopted for the year.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS;
THAT the Mayor and Director of FinancetTreasurer of the Town of Aurora
are hereby authorized to borrow from time to time such sums as the
Council considers necessary to meet, until property taxes are collected
and other revenues received, the current expenditures for the Corporation
for the year, including amounts required for sinking and retirement funds,
principal and interest due on any debt of the Municipality, school
purposes, and other purposes the Municipality is required by law to
provide for. _
2. THAT the amount that may be borrowed at any one time for the purposes
mentioned in section (1) together with the total of any similar borrowings
that have not been repaid shall not exceed, from January 1" to September
30th of the year, 50 per cent of the total, and from October I" to December
31't of the year, 25 per cent of the total of the estimated revenues for the
Corporation as set forth in the estimates adopted for the year.
3. THAT until such annual estimates are adopted, the limitations upon
borrowing prescribed by section (2) shall temporarily be calculated using
the estimated revenue of the municipality set out in the budget adopted for
the previous year.
-107-
COUNCIL - NOVEMBER 23, 2004
By-law 4613-04.17
Page 2 of 2
4. THAT In sections (2) and (3), estimated revenues do not include revenues
derivable or derived from, any borrowing, including through any issue of
debentures; a surplus, including arrears of taxes, fees or charges; or a
transfer from the capital fund, reserves or reserve funds.
5. THAT the lender is not responsible for establishing the necessity of
temporary borrowing or to the manner in which the borrowing is used.
6. THAT all sums borrowed pursuant to the authority of this by-law shall,'with
interest thereon, be charge on the whole or any part or parts of, the
revenues of the Corporation for the current year and for preceding years
as and when such revenues are received.
7. THAT any promissory note made under the authority of Section 1 of this
by-law shall be sealed with the seal of the Corporation and signed by the
Mayor and Director of Finance/Treasurer.
8. THAT By-law No. 4424-03 be and is hereby repealed.
9. THAT the provisions of this By-law shall come into force and effect upon
final passage thereof and shall remain in effect until repealed.
READ A FIRST AND SECOND AND THIRD TIME THIS
23rd DAY OF NOVEMBER , 2004.
T. JONES, MAYOR B. PANIZZA, MUNICIPAL CLERK
-108-
COUNCIL - NOVEMBER 23, 2004
* Proposed revisions to by-law Nov. 2004
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4614-04.0
BEING A BY-LAW to
amend By-Iaw4280-01.C,
a by-law to govern the
procedures of the
Council of the Town of
Aurora and its
Committees and Boards.
WHEREAS the Council of the Corporation of the Town of Aurora deems it necessary
and expedient to amend By-law 4280-01.C;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
THAT By-law 4280-01.0 is hereby amended by adding the following as
Section 3.17:
"It shall be the practice of Council to enact a Confirmatory By-law at the end of
every Council Meeting."
2. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 5.4 a):
"The Chair, exceptwhere he/she is disqualified to vote bystatute, shall vote only
on questions necessary to break a tie."
And substituting the following thereto:
"The Chair, except where he/she is disqualified to vote by statute, is entitled to
vote on all motions that are presented."
3. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 5.4 f):
"Where a vote is to be taken for any purpose and a Member requests
Immediately prior to the taking of the vote that the vote be recorded, each
Member present, except a Member who is disqualified from voting by Statute,
shall announce their vote openly, and any failure to vote by a Member who is not
disqualified, shall be deemed to be a negative vote. Members shall vote in
alphabetical order according to the surname, with the Mayor announcing his/her
vote last. The Clerk shall record each vote and announce the results.
The Chair shall not entertain a request for a recorded voted after the result of a
motion is determined through a show of hands and the result is declared by the
Chair."
-109-
COUNCIL - NOVEMBER 20, 2004
By-law No. 4614-04.0 Page 2
And substituting the following thereto:
"Where a vote is to be taken for any purpose, a Member may request that the
vote be recorded immediately before or after the taking of the vote, but prior to
any consideration of another matter of Council, and each Member present,
except a Memberwho is disqualified from voting by Statute, shall announce their
vote openly, and any failure to vote by a Memberwho is not disqualified, shall be
deemed to be a negative vote. Members shall vote in alphabetical order
according to surname, with the Mayor announcing his/her vote last. The Clerk
shall record each vote and announce the results."
4. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 6.1:
"Council hereby establishes a General Committee, an Administration & Finance
Cornrnittee and an Amalgamation Review Committee." - - -
And substituting the following thereto:
"Council hereby establishes a General Committee."
THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 16.1:
"Ad Hoc Committees may consider delegations, correspondence, staff reports
and matters for discussion in relation to the initiative or matter specified in their
Terms of Reference in order to provide recommendations to such Standing
Committees as Council may designate."
And substituting the following thereto:
"Ad Hoc Committees may consider delegations, correspondence, staff reports
and matters for discussion in relation to the initiative or matter specified in their
Terms of Reference in order to provide recommendations to Council."
THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 16.2:
"Whenever possible the operating Terms of Reference shall be established by
Council concurrent with the creation of the Ad Hoc Committee. In circumstances
where to do so is not possible as a prelude to undertaking any other action, the
Ad Hoc Committee shall meet, prepare and submit to the appropriate Standing
Committee the Terms of Reference for approval as soon as is practicable."
And substituting the following thereto:
"Whenever possible the operating Terms of Reference shall be established by
Council concurrent with the creation of the Ad Hoc Committee. In circumstances
where to do so is not possible as a prelude to undertaking any other action, the
Ad Hoc Committee shall meet, prepare and submit to Council the Terms of
Reference for approval as soon as is practicable."
-110-
COUNCIL - NOVEMBER 23, 2004
By-law No. 4614-04.0 Page 3
THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 17.3:
"Council Members who are not Committee Members shall be entitled to attend all
Ad Hoc Committee meetings and shall be entitled to speak at the invitation of the
Chair, but shall not be entitled to vote."
�
And substituting the following thereto:
"Council Members who are not Committee Members shall be entitled to attend all
Ad Hoc Committee meetings, including any in -camera portion of the meeting,
and shall be entitled to speak but shall not be entitled to vote."
THAT By-law 4280-01 is hereby amended by deleting the following from
Section 18.3:
"The Chair shall, in consultation with such staff support persons as may be
assigned, provide leadership and direction to the Committee and shall directthe
Secretary to prepare the Agenda and shall determine the Attachments for each
Committee meeting."
And substituting the following thereto:
"The Chair shall provide leadership and direction to the Committee, and in
consultation with staff determine the content of the Agenda including any
attachments for each Committee meeting."
9. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 20.5:
"The Secretary shall provide, under the signature of the Chair, if so directed by
the Chair, a formal Record of the Committee's meetings to the Clerk for inclusion
on the appropriate Standing Committee Agenda for the Information of the
appropriate Standing Committee. Alternately, the Secretary shall prepare an
informal Record of the Committee's meeting to form part of the file retained by
the Municipal Corporation."
And substituting the following thereto:
"The Secretary shall provide, under the signature of the Chair, a Committee
Report of the Committee's meetings to the Clerk for inclusion on the Council
Agenda."
10. THAT By-law 4280-01 is hereby amended by repealing the following from
Section 20.6:
"Where the Committee's meetings generate recommendations to be considered
by a Standing Committee, the Secretary shall provide a Committee Report under
the signature of the Chair to the Clerk to be placed on the Agenda for the
appropriate Standing Committee."
-111-
COUNCIL - NOVEMBER 23, 2004
Sy -law No. 4614-04.0 Page 4
11. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 20.7:
'The duties of the Ad Hoc Committee Secretary shall not include circulation of
correspondence arising from adoption of Ad Hoc Committee recommendations
by Standing Committees or by Council, since that function will be provided bythe
Clerk."
And substituting the following thereto:
"The duties of the Ad Hoc Committee Secretary shall not include circulation of
correspondence arising from adoption of Ad Hoc Committee recommendations
by Council, since that function will be provided by the Clerk."
12. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 24.1:
"Council may from time to time by resolution establish such Advisory Committees
as it deems appropriate to provide recommendations to such Department Heads
as it may designate on a specific matter."
And substituting the following thereto:
"Council may from time to time by resolution establish such Advisory Committees
as it deems appropriate to provide directions to such department Heads as it
may designate on a specific matter."
13, THAT By-law 4280-01 is hereby amended by deleting the following from
Section 252:
"Whenever possible the operating Terms of Reference shall be established by
Council concurrent with the creation of the Advisory Committee. In
circumstances where to do so is not possible as a prelude to undertaking any
other action, the Advisory Committee shal{ meet, prepare and submittothe Chair
the Terms of Reference for inclusion in a Report to the appropriate Standing
Committee for approval as soon as is practicable."
And substituting the following thereto;
"Whenever possible the operating Terms of Reference shall be established by
Council concurrent with the creation of the Advisory Committee. In
circumstances where to do so is not possible as a prelude to undertaking any
other action, the Advisory Committee shalt meet, prepare the Terms of
Reference for inclusion in a Report to Council for approval as soon as is
practicable."
-1 1 2-
COUNCIL - NOVEMBER 23, 2004
By-law No. 4614-04.0 Page 5
14. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 26.2:
"Council Members who are not Committee Members shall be entitled to attend all
Advisory Committee meetings and shall be entitled to speak at the invitation of
the Chair, but shall not be entitled to vote." J
And substituting the following thereto:
"Council Members who are not Committee Members shall be entitled to attend all
Advisory Committee meetings, including any in -camera portion of the
meeting, and shall be entitled to speak but shall not be entitled to vote. This
privilege shall not be extended to Statutory Committees or Boards such as the
Committee of Adjustment, or the Library Board.'
15. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 27.1:
"The Chair shall be a Member of Council unless so provided in the Terms of
Reference, and shall have such responsibilities and powers as are provided for
the Chair in Part 1 of this By-law. Committee Members shall also appoint a Vice
Chair from one of their members."
And substituting the following thereto:
"The Chair and Vice Chair shall be appointed from among members of the
committee and shall have such responsibilities and powers as are provided for
the Chair in Part 1 of this By-law."
16. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 27.3:
"The Chair shall, in consultation with such staff support persons as may be
assigned, provide leadership and direction to the Committee and shall directthe
Secretary to prepare the Agenda and shall determine the Attachments for each
Committee meeting."
And substituting the following thereto:
"The Chair shall provide leadership and direction to the Committee, and in
consultation with staff determine the content of the Agenda including any
attachments for each Committee meeting."
17. THAT By-law 4280-01 is hereby amended by deleting the following from
Section 29.1:
"The duties of the Secretary to each Advisory Committee shall be carried out by
the staff as appointed by the Chair."
And substituting the following thereto:
"The duties of the Secretary to each Advisory Committee shall be carried out by
the staff as directed by the Clerk."
-113-
COUNCIL - NOVEMBER 23, 2004
By-law No. 4614-04.0 Page 6
18. THAT By-law 4280-01.0 is hereby amended by adding the fcliowing as
. PART VIII Section 44:
ASSEMBLY
44.1 "fn this By-law, "Assembly" means an informal gathering of Members of
Council or of a Committee, held in accordance with this section."
44.2 "An Assembly shall not be deemed to be a meeting of the Council or
Committee and shall not be subject to the rules and regulations applicable to
meetings, contained in this By-law."
44.3 "The Council may decide, at a meeting open to the public, to convene an
informal gathering of its Members, or ofthe Members of a Committee, to receive
and discruss infiormation or advice of a general -nature involvingsubject matters of
interest to the Members, at a time and place designated at that time by the
Council or Committee."
44A "The Council, in deciding to convene an Assembly, shall designate the
general purpose or purposes forwhich the Assembly is to be held, and no other
matters may be considered by the Assembly."
44.5 "An Assembly maybe held at anyplace designated by the Council at the
time at which it makes its decision to convene the Assembly, whether or not
within the boundaries of the Town or of any adjacent municipality."
44.6 "All Members of the Council or Committee respectively are entitled to
attend at the Assembly, together with designated staff or consultants retained by
the Town, by the Council. In deciding to convene the Assembly, Council or
Committee may decide to exclude the public therefrom."
44.7 "No motion, resolution, by-law, debate, agreement in principle,
consensus, straw vote, report, recommendation or other action or decision may
be proposed, discussed, decided upon, adopted, taken or made at an Assembly
that would further the business of the Corporation."
44.8 "The Council or Committee shall, at the commencement of an Assembly,
designate a person to make notes describing in general terms each subject
matter dealt with at the Assembly."
44.9 `The notes taken pursuant to 44.8 shall, after the conclusion of the
Assembly, be maintained as a public record under the control of the Clerk."
READ A FIRST, SECOND AND THIRD TIME THIS 23R° DAY OFNOVEMBER, 2004.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
-114-
COUNCIL - NOVEMBER 23, 2004
(Sierra Homes (Aurora) Inc., File D12PLC-13-04)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4617-04.D
BEING A BY-LAW to exempt Lot 2
and Block 10 on Registered Plan 65114-
3705, in Aurora, from the Part Lot
Control provisions as provided in
subsection 50 (5) of the Planning Act,
R.S.O. 1990, c.P.13 (as amended).
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, c.P.13 (as amended)
provides that the Council of a local Municipality may by by-law provide that the part lot
control provisions as provided in subsection 50(5) of the said Act do not apply to the
land that is within a -registered plan of subdivision;
AND WHEREAS the Council of the Corporation of the Town of Aurora considers it
desirable to enact a by-law pursuant to the said Act exempting the lands hereinafter
described from the said part lot control provisions;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT Subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) shall
not apply to the following lands, all situated in the Town of Aurora, Regional
Municipality of York:
Lot 2
Registered Plan 65M-3705
Designated as Parts 1 and 2
On Reference Plan 65R-27541; and
Part of Block 10
Registered Plan 65M-3705
Designated Parts 1 through 17Inclusive
On Reference Plan 65R-27550
2. THAT this By-law shall take effect upon the approval of the Council of the Town of
Aurora, and the registration of the By-law in the proper land registry office. No part
of this By-law will come into force until the provisions of the Planning Act have been
complied with, but subject to such provisions the By-law will take effect from the day
of passing thereof.
3. THAT this By-law shall lapse after a period of two years from the day of passing.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF November, 2004.
READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF November, 2004.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
-115-
COUNCIL - NOVEMBER 23, 2004
THE CORPORATION OF THE TOWN OFAURORA
By-law Number 4618-04.0
BEING A BY-LAW to
Confirm Actions by
Council Resulting from
the Meeting of November
23, 2004.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA
HEREBY ENACTS AS FOLLOWS:
THAT the action of the Council at its meeting held on November 23, 2004 in
respect to each motion, resolution and other action passed and taken by the
Council at the said meeting is, except where prior approval of the Ontario
Municipal Board is required, hereby adopted ratified and confirmed.
2. THAT the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
READ A FIRST AND SECOND TIME THIS 23`a DAY OF NOVEMBER, 2004,
READ A THIRD TIMEANDFINALLYPASSED THIS 2P DAYOFNOVEMBER,2004.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
-116-
ADDITIONAL ITEMS TABLED FOR
COUNCIL MEETING
Tuesday, November 23, 2004
➢ Plaque Presentations by Mayor Jones
Re: Recognition of Contributions to the Anti -Litter Campaign;
➢ Correspondence from Solange & Michael Cowle, Residents
Re: By-law 4614-04.0 — Amendments to the Procedural By-law;
➢ Correspondence from K. Bruce Milburn, Director, Legal Services,
Real Estate for MI Developments Inc.
Re: Tree Cutting Permit Application by Magna Entertainment
Corporation on September, 2004;
➢ Report CS04-041 — 2004 CUPE Negotiations — Ratification of
Collective Agreement.
Office of the Mayor
To:
Bob Panizza, Director of Corporate Services
From:
Tim M. Jones, Mayor
Date.
November 19, 2004
Re: Presentations
At the November 23`d Council Meeting I will be presenting plaques to the following
people in recognition of their contributions to the 2004 Anti4itter Campaign:
Chris Barrett —Aurora Home Hardware
Larry Dekkema — Ballymore Building Corp.
Kyle Etienne — Canadian Tire
John MacNeil — First Pro Shopping Centres
Colleen Davidson — Highview Public School
Jalal Hamad — Home Depot
Karen Oretto — Info. Aurora
Greg Foster — M & M's Meat Shops
Arshad Shah — Mac's Convenience Stores Inc.
George South — Miller Waste Systems
Andy Hadcock — Shoppers Drug Mart
Greg Smith — Tim Hortons
Matthew Belanger —York Region EMS
Please arrange to have this item placed on the Council Agenda for that date under
the Presentations Section.
Thank you,
Tim M. Jones
Message
Page 1 of
Pat iva, Bob
From:
P Morris -
Sent:
Monday, November 22, 2004 9:44 AM
To:
Ellis, Cooky
Cc:
Peril Bob
Subject:
RE: Message to all members of council
As this has been forwarded by staff to council .
Please place it on tomorrow nights agenda for discussion during the "assemblies" By -Law.
Sincerely
Phyllis Morris
-----Original Message -----
From! cellistitown.aurora.on.ca
Subject: FW: Message to
Cooky ETU
A6mmAssistant to Alayor & Council
Town of Aurora
100 John West Way
Aurora, ON ]l 6J1
(T)905-726-4741
cellistatown.aurora.on.ca
We are a Character Counneoity
Character Athibute for November , Fairness
.,r will are I. h,ai,m.
-----Original Message -----
From: Vickers, Joanne On Behalf Of Info
Sent: Monday, November 22, 2004 9:07 AM
To: Ellis, Cooky
Subject: FW: Message to all members of council
-----Original Message -----
From: Michael Cowl
Sent: Friday, November 19, 2004 7:53 PM
To: Info
Subject: Message to all members of council
(Please forward to all members of council, since we were unable to send this email to them at the
11/22/2004
Message Page 2 of 2
addresses provided on the Town of Aurora site.)
Open letter to all members of council:
This is an email from disgruntled residents of Aurora. We have come to believe that Aurora does not need
a council, since its members do not seem to have anything better to do than to find ways of spending our
money, something which we think we can do very well without your help.
First, it was the change in the Town Hall address, which will entail unnecessary costs. Now, it's
"assemblies" to be held at sites other than the Town Hall. The companies for which we work hold their
meetings in conference rooms on site, because that's what they are there for and because they don't have
money to spend to give that type of perks to their employees. It should be the same for the members of
our council. Discussions and meetings can be held right at the Town Hall, avoiding unnecessary
spending. No excuse is good not to use what is right there, for that exact purpose.
Enough is enough! Our council should get on with its business, which is running this town effectively.
Continuously spending our money on useless things is NOT the way to do it.
Solange and Michael Cowle
11/22/2004
NOU-19-2004 14:59 FROM:MI DEVELOPMENTS
01-MAII-D
VIA FACSIMILE ONLY
November 18, 2004
Scott Somerville
Chief Administrative Officer
The Town of Aurora
100 John West Way
Box No. 1000,
Aurora, Ontario
L4G 6J1
Dear Mr. Somerville:
Re: Magna Entertainment .Corporation
ree Cutting Permit
905 713 S332 TO:9057274993 P.1/1
M I Developments Inc.
455 Magna Drive
Aurora, Ontario, Canada L4G 7A9
Tel: (905) 726-7615
Pax: (905)713-6332
email: brace_milburn@midevelopments.com
�o
9�
�e RECEWED
NOV 1 9 2004
PeD4V INIbI r-tAll ION
Thank you for meeting with Stan Stein and me on Monday afternoon. I think the meeting was
productive and I look forward to building a strong relationship with the Town.
respectfully re st that the -1 own cleter
in time, o be able to present to the Towr
Wellington Street and Touch Gold Lane.
for the tree cutting permit.
Yours very truly,,
K. Bruce Milburn
Director, Legal Services
Real Estate
cc: Sue Seibert —Town of Aurora
Mark Schollen — Schollen & Company Inc.
Stan Stein — Osiser Hoskin & Harcourt
time. I expect,
the Town to provide approval
-TOWN OF AURORA
COUNCIL REPORT
No. CSO4-041
SUBJECT: 2004 CUPS Negotiations — Ratification of Collective Agreement
FROM: Bob Panizza, Director of Corporate Services
DATE: November 23, 2004
RECOMMENDATIONS
THAT the Council of the Town of Aurora adopt the Memorandum of Settlement
between the Corporation of the Town of Aurora and the Canadian Union of Public
Employees Local 905, representing the revised terms of employment for CUPS
Local 905 bargaining unit employees for the period April 1, 2004 to March 31,
2007; and
That the Mayor and Clerk be authorized to execute the Collective Agreement
between the Corporation of the Town of Aurora and CUPS Local 905.
BACKGROUND
The Negotiating Team representing the Corporation has been extensively involved in
the collective bargaining process with the representatives of CUPE Local 905 for the
past 10 months in order to negotiate new Collective Agreement terms. Through the
negotiation process a number of issues were presented by the representatives of CUPE
which encompassed a variety of issues, many of which were addressed, however the
predominant issue that led to a breakdown in the negotiations process were the
monetary proposals. This impasse eventually led to a mandatory meeting with the
Provincially appointed Conciliator in May. However that meeting failed to resolve the
outstanding issues, thus placing the Union in a work stoppage position at anytime.
On November 16, 2004 a meeting was convened between both parties and
consequently a tentative agreement was reached, culminating with the execution of a
Memorandum of Settlement containing the revised terms which will be incorporated into
the new Collective Agreement. A copy of the Memorandum of Settlement is attached
as Appendix #1 to this report.
November 23, 2004 - 2 - Report No. CSO4-041
The main items of discussion throughout the negotiations were primarily direct
compensation (salaries) and benefits. Monetarily, the contract contains a 10.5%
increase over a three year period based on the following adjustments: 4.5% on April 15t
2004, 3% April 15t, 2005 and 3% April 1st, 2006. This portion of the settlement is
consistent with the amount negotiated in other municipalities in York Region. In
addition, a supplementary catch-up adjustment has been included which consists of 6%
over the three year duration of the agreement. This amount was provided to recognize
the disparity that currently exists between the compensation provided to the Town of
Aurora CUPE staff and staff in the surrounding municipalities.
A number of other language changes were also agreed to including significant revisions
to the hours of work clause as it relates to the Employment Standards Act (ESA)
legislation e.g. agreement that employees may work in excess of the normal work day
and or 48 hours in a week to a maximum of 60 hours; averaging of work hours in a two
week period, etc; ability to establish shifts in compliance with the ESA and collective
agreement; standby/on-call reporting time frame, etc.
OPTIONS
With the uncertainties which have presented itself with the pending labour unrest, staff
suggests that exploring alternative options to those included herein could be more
detrimental than beneficial.
FINANCIAL IMPLICATIONS
The financial implications of the agreement as recommended by the Negotiating Team
is summarized as follows:
➢ monetarily the financial impact of direct compensation adjustments equate to
$62,508 in 2004; $72,044 in 2005; and $70,838 in 2006; and $17,922 in 2007. This
represents a financial impact of $223,313 over the term of the contract (April 1, 2004
to March 31, 2007);
➢ benefit changes include amending the ODA fee schedule rates for basic dental
coverage to reflect the following: for the year 2004 increased to 2003 level, 2005
increased to 2004 level and 2006 increased to 2005 level; extended health benefit
revised to reflect prescription costs increasing from $2 - $3 per prescription. The
financial impact of this is estimated at $5,000 over the term of the contract.
November 23, 2004 - 3 - Report No. CSO4-041
➢ indirect compensation adjustments for the introduction of an afternoon/night shift
premium; increased boot allowance; enhanced standby/on-call rate, etc is estimated
at $36,700 for the 3 year contract.
CONCLUSIONS
The terms of the Memorandum of Settlement have been ratified by the members of
CUPE Local 905 and are included in the new Collective Agreement that is being
recommended for adoption by Council.
LINK TO STRATEGIC PLAN
The provisions of the proposed agreement are consistent with the objectives set out
under Goal A — Maintaining a Well Managed Fiscally Responsible Municipality.
ATTACHMENTS
Appendix #1 -Memorandum of Settlement
Appendix #2 - New Collective Agreement
PRE -SUBMISSION REVIEW
Interim Chief Administrative Officer, November 22
Prepared by: B. Panizza, ext. 4221
4
Bob Panizza
Director of Corporate Services
Town of Aurora CUPE Local 905 Memorandum of Settlement APPENDIX #1
TOWN OF AURORA/CUPE LOCAL 905
MEMORANDUM OF SETTLEMENT
THIS AGREEMENT entered into this 16th day of November, 2004.
BY AND BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
hereinafter referred to as the "Corporation"
OF THE FIRST PART
-and-
CANADIAN UNION OF PUBLIC EMPLOYEES
Loca1905
hereinafter referred to as the "Union"
OF THE SECOND PART
It is agreed by the Parties hereto that this Memorandum of Settlement shall be subject to ratification by the
members of CUPE Local 905, and further, shall be subject to approval by the Council for the Corporation
of the Town of Aurora.
ITEM 41: ARTICLE 1I - RECOGNITION
The parties hereto agree to amend Article 2.03 (iv) and (v) to read:
2.03 . (iv) The provisions of 11.01 respecting hours of work will apply.
(v) Authorized work performed in addition to the normally scheduled work week or the
normal work day as defined in 11.01 will be paid at the rate of time and one-half of the
employee's regular straight time rate of pay.
ITEM #2: ARTICLE 5.01 (a) (c) (d)
The parties hereto agree to amend Article 5.01 (a) (c) (d) to read:
5.01 a) The Corporation acknowledges the right of the Union to appoint or otherwise select one
(1) Chief Steward and three (3) stewards, each of whom shall have attained seniority. One
steward shall represent each of the following operational divisions - Public Works; Parks;
and Corporate Facilities. The names of the stewards, executive committee and negotiation
committee members shall be given to the Corporation in writing and the Corporation shall
not be required to recognize any such representative until it has been so notified.
It is agreed that the Chief Steward shall be entitled to handle any grievance in any given
department.
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 2
ITEM 92: ARTICLE 5.01 (a) (c) (d) cont.
c) Deleted.
d) Becomes 5.01 (c).
ITEM 93: ARTICLE 6.01 (c)
The parties hereto agree to amend Article 6.01 (c) to read:
6.01 (c) A grievance will be recognized by the Corporation if it is submitted with the signature(s)
of the grievor, a steward from the impacted operational division and a member of the
executive from Local 905 Aurora Unit.
ITEM #4: ARTICLE 11—HOURS OF WORK- OVERTIME
The parties hereto agree to amend Article 11.01 to read:
11.01 The normal work week for all employees, due to the nature of the Town's operations,
shall generally consist of 40 horns per week, Monday to Sunday inclusive. The normal
work day shall consist of one eight (8) hour shift excluding a one -hour lunch period as
scheduled by the Corporation at least (seven) 7 days in advance. It is understood that
employees may be required to work more than five (5) consecutive days in any one
week period or less than five (5) consecutive days in any one week period. It is further
understood that such time will be at regular wages for all normal eight (8) hour shifts
consecutively worked.
Notwithstanding the above, the Union agrees on behalf of itself and each employee in the
bargaining unit that such employees may work in excess of the normal daily hours, and/or
forty-eight (48) hours in a week, to a maximum of thirteen (13) hours of work in a day
(except that the thirteen (13) hour maximum does not apply to employees on call and
called in) and sixty (60) hours of work in a week, if required by the employer.
The Union further agrees on behalf of itself and each employee in the bargaining unit that
the Town may schedule employees such that their normal hours of work average no more
than eighty (80) hours in a two week period.
Other than the provisions set out below, it is understood that no overtime will be payable
for periods worked in excess of five (5) consecutive days during a two week period.
These agreements are made between the Union, bargaining unit employees and the Town
in accordance with the relevant provisions of the Employment Standards Act, 2000.
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 3
ITEM #5: ARTICLE 11—HOURS OF WORK -OVERTIME
The parties hereto agree to amend Article 11.02 to read:
11.02 Overtime
Authorized work performed in addition to the normally scheduled work week or the
normal work day as defined above will be paid at the rate of time and one-half the
employee's regular straight time rate.
Employees required to work more than 2 hours overtime after completion of their
scheduled shift, shall be granted up to 30 minutes time off, without loss of pay, in which,
to eat.
In lieu of payment for overtime, an employee may elect to accumulate such hours to
provide for subsequent time off with pay, on the basis that one (1) hour worked will
provide one and one-half (1 1/2) hours of time off with pay. The accumulation of this
time will be on a calendar year (January 1 - December 31) basis. Notice of election to
accumulate overtime for subsequent time off shall be given to the appropriate supervisor,
prior to the completion of the attendance records by such supervisor, for the processing of
payroll for each pay period. The accumulation of overtime for time off shall not exceed
the equivalent of sixty-four (64) working hours, and the scheduling of such time off shall
be mutually agreeable to both the Employer and the employee. Time off in lieu of
overtime worked must be taken by June 30th in the year following the date the overtime
was worked or it will be paid out by the Corporation at the wage rate earned at the time the
overtime was worked.
ITEM #6: ARTICLE I I — HOURS OF WORK - OVERTIME
The parties hereto agree to amend Article 11.05 to read:
11.05 Standby/On Call
This refers to qualified employees who are available to respond to irregularly assigned
work on short notice which may be emergency in nature as defined by Management.
Work on Statutory Holidays or outside scheduled hours may be assigned to qualified
employees on a volunteer basis, or scheduled Standby employees at the discretion of the
Corporation.
When an on call employee has received notification to respond to the workplace to
perform assigned duties the said employee shall be required to arrive at the work place
fully prepared to carry out the assigned duties. The on call employee shall have up to
forty-five (45) minutes to respond to the workplace from the time of the initial notification
to respond to the workplace. Exceptions for extenuating circumstances will be
considered. The extenuating circumstances must be reported to the supervisor
immediately following completion of the duties.
When an employee is advised that they are "on call," that is, immediately available by
direct telephone contact or communication equipment, they shall be paid in accordance
with the following schedule:
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 4
ITEM #6: ARTICLE 11—HOURS OF WORK — OVERTIME cont.
Employee's Non -Scheduled Work Day $30
Employee's Scheduled Work Day $10
Volunteer Standby Per Day $10
All hours actually worked by an "on call" employee shall be paid at overtime rates in
accordance with this Agreement. On call duty shall be equally divided among the
qualified employees and scheduled and posted at least seven (7) days in advance.
Employees may arrange a qualified substitute which shall be subject to approval by the
Supervisor.
When an employee is advised that they are "on call" in a volunteer standby capacity and
they respond to a call in, said employees will receive $10 per day for responding to the
call -out.
Communications equipment will be made available throughout the duration of this
contract to employees on standby/on-call. The employee will take proper care of the
communications equipment at all times and will test the communications equipment at the
commencement of the standby period and periodically during the standby period to ensure
it is functional. Should the communication equipment not be in good working order, the
employee will inform the Corporation of any malfunctions immediately.
ITEM #7: ARTICLE 11— HOURS OF WORK - OVERTIME
The parties hereto agree to insert Article 11.07 as follows:
11.07 Day Shift - is defined as commencing on or after 6:00 am with the majority of hours
worked prior to 6:00 pm. Afternoon/night Shift - commencing on or after 6:00 pm with
the majority of hours worked prior to 6:00 am. Employees required to work an
aftemoon/night shift will receive fifty cents (.50 cents) per hour shift premium upon
ratification. Overtime and premium payments will not pyramid under any circumstances.
ITEM #8: ARTICLE 11— HOURS OF WORK - OVERTENIE
The parties hereto agree to insert Article 11.08 as follows:
11.08 Where the Employer orders employees to work extended hours, as a result of the
application of the "emergency/unforeseen circumstances" provisions of the Employment
Standards Act, the employee shall be advised of that at the time the order is made and, if a
Union Officer subsequently enquires into the need for the order, the circumstances shall
be explained to the Union Officer.
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 5
ITEM #9: ARTICLE 13 - VACATIONS
The parties hereto agree to re -number and amend Article 13 to read:
13.07 Renumber to 13.08
13.08 Renumber to 13.09
13.09 Renumber to 13.10
13.10 Renumber to 13.11
13.11 Renumber to 13.12
13.07 Effective April 1, 2004, all employees who have twenty-seven (27) or more continuous
years of service as of July 1 ", in any year shall be entitled to six (6) weeks of vacation with
pay; effective April 1, 2005, all employees who have twenty-six (26) or more continuous
years of service as of July 1', in any year shall be entitled to six (6) weeks of vacation with
pay; effective April 1, 2006, all employees who have twenty-five (25) or more continuous
years of service as of July I", in any year shall be entitled to six (6) weeks of vacation with
pay.
ITEM 410: ARTICLE 15 — LEAVE OF ABSENCE
The parties hereto agree to amend Article 15.03 to read:
15.03 The Corporation agrees to grant a leave of absence without pay and without loss of
seniority for Union business to not more than two (2) employees selected by the Union to
attend conventions or conferences. It is understood, however, that the cumulative total of
leave of absence granted under this section shall not exceed ten working days per delegate
in any calendar year and that requests for such leave of absence shall be made in writing at
least three (3) weeks in advance of such leave. The Corporation agrees to confirm or deny
the request for such leave of absence within five (5) calendar days of receipt of the
request. The Town agrees to pay the affected employee(s) his regular wages during
said absence and CUPE 905 agrees to reimburse the Town for said wages within 30 days
following the leave of absence.
ITEM #11: ARTICLE 16 — SICK LEAVE
The parties hereto agree to amend Article 16.03 to read:
16.03 In the event of a family illness or other emergency, the Employer agrees to grant up to two
(2) days per year to any employee covered by this Agreement. The Employer will at the
discretion of the employee's supervisor, provide the equivalent of this time off to be used
for such illness, unexpected or sudden situations which require immediate attention. This
time off is to assist the employee in dealing with family illness or other emergency leave
requirements involving members of the employee's immediate family including a spouse,
minor child while living at home or a parent or parent -in-law. The time off so taken will
be deducted from the employee's sick leave bank but will not be counted as part of the five
(5) uncertified illness days in the calendar year.
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 6
ITEM #12: ARTICLE 17 - GENERAL
The parties hereto agree to amend Article 17.01 to read:
17.01 Correspondence arising under the provisions of this Agreement shall be in writing and
shall be sufficient if sent by mail addressed, if to the Union, to the Unit Chairperson of
Local 905 and, if to the Corporation, to the Director of Corporate Services.
ITEM #13: ARTICLE 19 — EMPLOYEE BENEFITS
Although not stated in the Collective Agreement, the Town agrees to provide a benefits booklet within one
year of signing the Collective Agreement.
ITEM #14: ARTICLE 19 — EMPLOYEE BENEFITS
19.03 The Corporation agrees to provide an extended Health Care Plan including prescription
coverage similar to Blue Cross E.H.C. $3.00 deductible per prescription and vision care
and contributing 100% of the cost of premiums during the term of this Agreement for all
eligible employees. _
ITEM #15: ARTICLE 19 — EMPLOYEE BENEFITS
The parties hereto agree to amend Article 19.04 (a) to read:
19.04 a) The Corporation will pay 100% during the term of the agreement of the cost of
the premiums of a basic dental plan for all eligible employees as follows:
for the year 2004 the 2003 ODA Fee Schedule rates will apply.
for the year 2005 the 2004 ODA Fee Schedule rates will apply.
for the year 2006 the 2005 ODA Fee Schedule rates will apply.
Although not stated in the Collective Agreement, 19.04 becomes effective the first of the month following
ratification of the Collective Agreement by both parties.
ITEM #16: ARTICLE 22 — CLOTHING ALLOWANCES
The parties hereto agree to amend Article 22.01 to read:
22.01 A minimum clothing standard of two pairs of pants, two shirts and two pairs of
coveralls/smocks to be issued to all new employees upon hire. In addition, suitable
Gloves, Rubber Boots, Safety Hats, Rain Suits will be provided as needed. Employees
must continue to maintain the minimum standard clothing issued but may thereafter
supplement alternative clothing, e.g. cap, T-shirt, etc. A professional, well-groomed
appearance must be maintained. In order to ensure this occurs, the Corporation will
provide up to the equivalent value of the minimum clothing standard issue per year for
properly fitted clothing or approved equivalents by mutual agreement to each employee.
In addition, the mechanics will receive three (3) pairs of cleaned overalls per week, to be
supplied by a work clothing company to the satisfaction of the Town.
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 7
ITEM #16: ARTICLE 22 — CLOTHING ALLOWANCES cont.
ALL EMPLOYEES
Safety Boots - The Town to reimburse as noted below the applicable reimbursement for
one (1) or more pairs of boots per year on showing receipt for safety boots
of employee's choice.
$110.00 — during 2004
$120.00 — during 2005
$130.00 — during 2006
Clothing to be supplied within four (4) months of signing contract or, in a year in which a
contract is not signed, not later than September 30th; and, should the Corporation fail to
supply such clothing each employee shall be given the sum of $120.00 per year instead of
such clothing provision.
ITEM 017: ARTICLE 23 - TERMINATION
The parties hereto agree to amend Article 23.01 and 23.04 to read:
23:01 This Agreement shall continue in effect from April 1, 2004 to March 31, 2007 and shall
continue thereafter for a one (1) year term unless either party notifies the other in writing
not less than thirty (30) days and not more than ninety (90) days prior to the expiration
date that it desires to amend or terminate the Agreement.
23.04 For the purposes of negotiating a new contract, the negotiating committee members of
Local #905 will not suffer any loss of pay for up to a total of 140 employee hours of time
spent, indirect negotiation between the parties and prior to third party intervention, during
normal working hours provided that members have obtained permission of the Town to
attend for negotiations.
A Staff Representative of the Union may be present at the request of either the
Corporation or the Union.
ITEM #18: Schedule A —1— Classification and Wage Rate
The parties hereto agree to amend the language in Schedule A- 1 Classification and Wage Rate to read:
See Attached Schedule A — 1 — Classification and Wage Rate.
ITEM #18: Schedule A -1 - Classification and Wage Rate
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Town of Aurora CUPE Local 905 Memorandum of Settlement Page 8
ITEM #19: APPENDIX TO SCHEDULE "A-1"
The parties hereto agree to amend Appendix to Schedule A-1 to read:
APPENDIX TO SCHEDULE "A-1"
In the event that the Corporation schedules a continuous eight (8) hour afternoon, evening or
weekend shift, it is understood and agreed that employees so scheduled shall be entitled to a
working lunch and employees will take a scheduled work break in lieu of their fifteen (15) minute
coffee breaks and the time of the work break, if taken, may be specified.
2. Should an employee be assigned to function as a temporary supervisor, a $1.75 per hour premium
shall be paid, during hours of such assignment.
ITEM #20: LETTER OF UNDERSTANDING
The parties hereto agree to delete the Letter of Understanding on Page 18 of the current Collective
Agreement. (Pager issue now covered under 11.05.)
ITEM #21: LETTER OF UNDERSTANDING
The parties hereto agree to delete the Letter of Understanding on Page 19 of the existing Collective
Agreement and insert the following Letter of Understanding into the revised Collective Agreement.
LETTER OF UNDERSTANDING
ICT�Y-116v/�l�t�l
CUPE LOCAL905 AND THE CORPORATION OF THE TOWN OF AURORA
The Town will commit to make every possible effort during the term of this Agreement to maintain the
existing staff complement. If, in the Town's view, workforce reductions may become necessary, the Town
will request the assistance of the Union to explore alternative means of meeting the Town's needs prior to
any implementation.
The Town will guarantee that 100% of those employees who were permanent full time at the start date of
this Collective Agreement will be provided with full time employment during the term of this agreement.
This does not guarantee that employees will retain the positions which they occupied at the start of this
Agreement.
The term of this Letter of Understanding expires on March 31, 2007.
Signed:
Mayor
Representative
Clerk
Town of Aurora CUPE Local 905 Memorandum of Settlement Page 9
ITEM #22: GRIEVANCES
Grievances numbered 2004-04, 2004-21, and 2004-22 are considered resolved and not subject to the
arbitration process.
ITEM #23: RETROACTIVE WAGE INCREASE
Only those employees employed on the date of ratification, by both the Town and CUPS, are entitled to
retroactive compensation (wages) and/or benefits.
Signed and Dated in the Town of Aurora this 16th day of November, 2004
For: CUPE LOCAL 905 For: THE CORPORATION OF THE
TOWN OF AURORA
SAHuman Resources\1107 Labour Relations\H07CUNEG\NEG2004\SETTLENU2004B.DOC
APPENDIX #2
COLLECTIVE AGREEMENT
between
THE CORPORATION
OF THE
TOWN OF AURORA
and
C.U.P.E. LOCAL 905
APRIL 1, 2004 to MARCH 31, 2007
THIS AGREEMENT entered into this 2P day of November, 2004.
BY AND BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
hereinafter referred to as the "Corporation"
OF THE FIRST PART
-and -
- CANADIAN UNION OF PUBLIC EMPLOYEES
Local#905
hereinafter referred to as the "Union"
OF THE SECOND PART
ARTICLE I -PURPOSE
1.01 The general purpose of this agreement is to establish and maintain collective bargaining relations
between the Corporation and its employees and to provide machinery for the prompt and equitable
disposition of grievances and to maintain and establish wages, hours of work and other working
conditions as herein provided.
ARTICLE II - RECOGNITION
2.01 The Corporation recognizes the Union as the bargaining agent for all employees, save and except
persons at the rank of supervisor and above, office and technical staff, students, persons regularly
employed for not more than 24 hours per week and temporary employees who are hired
specifically for government sponsored work incentive projects providing such employment does
not exceed 100 working days.
2.02 The word "employee" or "employees" wherever used in this agreement shall mean only the
employees in the bargaining unit defined above unless the context otherwise provides.
2.03 Although seasonal employees are in the bargaining unit, only the following clauses of the
collective agreement shall apply:
(i) The normal length of work for a seasonal employee will not exceed eight (8)
months (the period could be extended if agreed to by the parties);
00 In the case of a seasonal worker who is offered a full-time position, the manner of
work and the length of service already put in with the department will be
considered by the Department Head in determining the length of the probationary
period, and such determination shall be made - as part of the hiring process and
terms - and such further probationary period to be served by the employee will not
be less than two (2) months and not more than six (6) months;
(iii) Union dues will be deducted in accordance with Article 20.02;
(iv) The provisions of 11.01 respecting hours of work will apply.
(v) Authorized work performed in addition to the normally scheduled work week or
the normal work day as defined in 11.01 will be paid at the rate of time and one-
half of the employee's regular straight time rate of pay.
2-
ARTICLE RI - RELATIONSHIP
3.01 The Corporation and the Union agree that there shall be no discrimination, interference, restriction, or
coercion exercised or practised with respect to any employees in the matter of hiring, wage rates, training,
upgrading, promotion, transfer, layoff, recall, discipline, discharge, or otherwise by reason of age (other
than normal retirement age 65), race, creed, colour, national origin, political or religious affiliation, sex or
marital status, sexual orientation, or by reason of his membership or activity in the Union.
3.02 It is agreed that the Union and the employees will not engage in Union activities during working hours or
hold meetings at any time on the premises of the Corporation without the permission of the C.A.O. and/or
Director of Public Works and/or the Director of Leisure Services.
ARTICLE IV - MANAGEMENT RIGHTS
4.01 The Union agrees that the Corporation has the exclusive right to manage its affairs, to direct the forces, and
to hire, promote, transfer, lay off, suspend, discipline, or discharge employees forjust cause.
4.02 The Corporation agrees that these functions shall be executed in a manner consistent with the general
purpose and intent of this Agreement and subject to the right of an employee to lodge a grievance, which
shall be dealt with as provided in Article VI of this Agreement.
ARTICLE V - REPRESENTATION
5.01 a) The Corporation acknowledges the right of the Union to appoint or otherwise select one (1) Chief Steward
and three (3) stewards, each of whom shall have attained seniority. One steward shall represent each of the
following operational divisions - Public Works; Parks; and Corporate Facilities. The names of the
stewards, executive committee and negotiation committee members shall be given to the Corporation in
writing and the Corporation shall not be required to recognize any such representative until it has been so
notified.
It is agreed that the Chief Steward shall be entitled to handle any grievance in any given department.
b) The Corporation acknowledges the right of the Union to appoint or otherwise select an executive
committee, of whom each member shall have attained seniority.
c) The Corporation acknowledges the right of the Union to appoint or otherwise select a negotiating
committee, each of whom shall have attained seniority. The negotiating committee of the Union to be
composed of not more than four (4) employees of which one (1) member shall represent each of the
following operational divisions - Public Works; Parks; and Corporate Facilities.
5.02 The Corporation and members of its supervisory staff shall cooperate with the stewards in carrying out the
terms and the requirements of this Agreement.
5.03 'rho Union, its officers, stewards and members shall cooperate with the Corporation and with all persons
representing the Corporation in a supervisory capacity.
5.04 It is understood that stewards have their regular work to perform and that if it is necessary for them to
service a grievance or negotiate during working hours, they will not leave their work without first obtaining
tine permission of their immediate supervisor. In obtaining such permission, the steward shall state his
destination to his immediate supervisor and report again to him at the time of his return to work. In
accordance with this understanding, stewards dealing with employees' grievances, etc., during their regular
hours of work, shall not suffer any loss of pay,
5.05 The negotiating committee shall be entitled to have present and be represented by a representative of the
Canadian Union of Public Employees at all negotiation meetings between the Union and the Corporation.
5.06 The representative shall be recognized as having the right to advise and assist the Union negotiating
committee and the right to speak, bargain, and negotiate on its behalf.
3-
ARTICLE VI - GRIEVANCE PROCEDURE
6.01 (a) The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints
and grievances concerning the interpretation or alleged violation of the Agreement as quickly as
possible.
(b) A grievance shall be defined as any difference arising out of the interpretation, application,
administration, or alleged violation of the Collective Agreement.
(G A grievance will be recognized by the Corporation if it is submitted with the signature(s) of the
griever, a steward from the impacted operational division and a member of the executive from
Local 905 Aurora Unit.
6.02 Grievances shall be tiled within five (5) working days of the circumstances or the time at which the
employee or the Union became aware of the circumstances or ought reasonably to have become aware of
the circumstances giving rise to it.
6.03 Where reasonably possible one of the Officers of Local 905 shall be present if the Town finds itnecessary
to suspend or discharge an employee.
6.04 Grievances properly arising under this Agreement shall be adjusted as follows:
Step No. 1:
The aggrieved employee with his site steward or, in the case of his absence, a designate, or the chief
steward in the case of a policy grievance, shall present his grievance in writing to his supervisor. The
supervisor shall give his decision in writing within one working day following the presentation of the
grievance to him. If the supervisor's decision is not satisfactory to the employee concerned, then a written
grievance may be presented as follows:
Step No. 2:
Within two (2) working days alter the decision is given under Step No.1, the aggrieved employee,
accompanied by his steward, shall meet as promptly as possible with the immediate Department
Supervisor / Manager as appropriate, to consider the grievance. At this stage they may be accompanied by
a full-time representative of the Union if his presence is requested by either party. The immediate
Department Supervisor / Manager will render their decisions in writing within (5) working days following
such meetings.
Step No. 3:
Within three (3) working days after the decision is given under Step No. 2, the aggrieved employee,
accompanied by his steward, shall meet as promptly as possible with the Director of Public Works or the
Director of Leisure Services, as appropriate, to consider the grievance. At this stage they may be
accompanied by a fill -time representative of the Union if his presence is requested by either party. The
Director will render a decision in writing within five (5) working days following such meeting.
Step No. 4:
Failing satisfactory settlement of the grievance at Step No. 3, the employee(s) concerned, together with the
steward, shall submit the grievance to the C.A.O., within five (5) working days following the Director's
decision in writing. The C.A.O. shall render a decision within five (5) working days following receipt of
the grievance.
6.05 Failing satisfactory settlement of the grievance at Step No. 4, the grievance may be referred in writing by
either party to a Board of Arbitration as provided in Article VII below, at any time within twenty-one (21)
calendar days after the decision is given under Step No. 4, and if no such written request for arbitration is
received within the time limits, then it shall be deemed to have been abandoned.
4-
ARTICLE VII - ARBITRATION
7.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation,
application, administration, or alleged violation of this Agreement, which has been carried through all the
steps of the grievance procedure outlined in Article VI above, and which has not been settled, may be
referred to a Board of Arbitration at the written request of either of the parties hereto.
7.02 The Board of Arbitration will be composed of one person appointed by the Corporation, one person
appointed by the Union and a third person to act as Chairman chosen by the other two members of the
Board.
7.03 Within five (5) working days of the request by either party for a Board, each party shall notify the other in
writing of the name of its appointee.
7.04 Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail
to agree on a third person within seven days of the notification mentioned in 7.03 above, the Minister of
Labour of the Province of Ontario will be asked to nominate a person to act as Chairman.
7.05 The decision of a Board of Arbitration, or a majority thereof, constituted in the above manner shall be
binding on both parties.
7.06 The Board of Arbitration shall not have any power to alter or change any of the provisions of this
Agreement or to substitute any new provisions for any existing provisions, nor to give any decision
inconsistent with the terms and provisions of this Agreement.
7.07 Each of the parties to this Agreement will bear the expenses of the arbitrator appointed by it, and the
parties will jointly bear the expenses, if any, of the Chairman.
7.08 The time limits fixed in both the grievance and arbitration procedure may only be extended by consent in
writing of the parties to this Agreement.
ARTICLE VIII - DISCHARGE CASES
8.01 It is recognized that probationary employees may be released for reasons less serious than in the case of a
discharge of an employee who has completed his probationary period and accordingly, the release of a
probationary employee will not be subject to the Grievance Procedure.
A claim by an employee who has completed his probationary period that he has been unjustly discharged
shall be treated as a grievance if a written statement of such grievance is lodged with the Corporation at
Step No. 4 within five (5) calendar days after the discharge is effected. Such special grievance may be
settled under the Grievance or Arbitration Procedure by:
(a) confirming the Corporation's action in dismissing the employee;
(b) reinstating the employee with payment to him for such time lost due to the discharge at his regular
rate of pay for his normally scheduled work for such period less any amounts of money earned by
the employee during such period; -
(c) by any other arrangement which may be deemed just and equitable.
8.02 An employee shall have the right to have access to and review his personnel record. An employee shall
have the right to have a copy of any material contained in his personnel record.
Any adverse letters, documents or records of disciplinary action shall be removed from the employees'
personnel records within three (3) years from the date of issue, provided no similar or related incident
occurs within the three (3) year period.
5-
AR1ICLE IX - NO STRIKES - NO LOCI{OUTS
9.01 In view of the orderly procedure established by this Agreement for the settling of disputes and handling of
grievances, the Union agrees that during the life of this Agreement there wit l be no strike, picketing,
slowdown or stoppage of work, either complete or partial and the Corporation agrees that there will be no
lockouts.
ARTICLE X - WAGES
I0.01 Schedule "A-l" hereto entitled "Classification and Wage Rates" is hereby made a part of the Agreement.
ARTICLE XI - HOURS OF WORK— OVERTIME
11.01 The normal work week for all employees, due to the nature of the Town's operations, shall generally
consist of 40 hours per week, Monday to Sunday inclusive, The normal work day shall consist of one eight
(8) hour shift excluding a one -hour lunch period as scheduled by the Corporation at least (seven) 7 days in
advance. It is understood that employees may be required to work more than five (5) consecutive days in
any one week period or less than five (5) consecutive days in any one week period. It is further understood
that such time will be at regular wages for all normal eight (8) hour shifts consecutively worked.
Notwithstanding the above, the Union agrees on behalf of itself and each employee in the bargaining unit
that such employees may work in excess of the normal daily hours, and/or forty-eight (48) hours in a week,
to a maximum of thirteen (13) hours of work in a day (except that the thirteen (13) hour maximum does
not apply to employees on call and called in) and sixty (60) hours of work in a week, if required by the
employer.
The Union further agrees on behalf of itself and each employee in the bargaining unit that the Town may
schedule employees such that their normal hours of work average no more than eighty (80) hours in a two
week period.
Other than the provisions set out below, it is understood that no overtime will be payable for periods
worked in excess of five (5) consecutive days during a two week period.
These agreements are made between the Union, bargaining unit employees and the Town in accordance
with the relevant provisions of the Employment Standards Act, 2000.
11.02 Overtime
Authorized work performed in addition to the normally scheduled work week or the normal work day as
defined above will be paid at the rate of time and one-half the employee's regular straight time rate.
Employees required to work more than 2 hours overtime after completion of their scheduled shift, shall be
granted up to 30 minutes time off, without loss of pay, in which to cat.
In lieu of payment for overtime, an employee may elect to accumulate such hours to provide for
subsequent time off with pay, on the basis that one (1) hour worked will provide one and one-half (1 1/2)
hours of time off with pay. The accumulation of this time will be on a calendar year (January I -
December 31) basis. Notice of election to accumulate overtime for subsequent time off shall be given to
the appropriate supervisor, prior to the completion of the attendance records by such supervisor, for the
processing of payroll for each pay period. The accumulation of overtime for time off shall not exceed the
equivalent of sixty-four (64) working hours, and the scheduling of such time off shall be mutually
agreeable to both the Employer and the employee. Time off in lieu of overtime worked must be taken by
June 30th in the year following the date the overtime was worked or it will be paid out by the Corporation
at the wage rate earned at the time the overtime was worked.
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11.03 Break Periods
There will be two fifteen (15) minute break periods allowed each shift subject to the
understanding that such break periods will not unduly interfere with the efficient operation
of the Corporation.
11.04 Call Out
(a) An employee who has left the Corporation's premises, having worked their
scheduled shift, and who is called in to work outside their scheduled hours shall
be paid at the appropriate overtime rate for all such additional hours worked or
three hours at the regular rate of pay whichever is greater. (An employee who is
called in early, prior to or after and contiguous with his/her shift, and who is not
subject to two trips in order to report for work, is not on call out.)
(b) Notwithstanding the above - any call out on a statutory holiday as set out in
Clause 12.01 of this Agreement shall be paid at a minimum of 4 hours of the
employee's regular rate of pay or the actual time at the appropriate overtime rate
whichever is the greater.
11.05 Standby/On Call
This refers to qualified employees who are available to respond to irregularly assigned
work on short notice which may be emergency ill nature as defined by Management.
Work on Statutory Holidays or outside scheduled hours may be assigned to qualified
employees on a volunteer basis, or scheduled Standby employees at the discretion of the
Corporation.
When an on call employee has received notification to respond to the workplace to
perform assigned duties the said employee shall be required to arrive at the work place
fidly prepared to carry out the assigned duties. The on call employee shall have, tip to
Forty-five (45) minutes to respond to the workplace from the time of the initial notification
to respond to the workplace. Exceptions for extenuating circumstances will be
considered. The extenuating circumstances must be reported to the supervisor
immediately following completion of the duties.
When an employee is advised that they are "on call," that is, immediately available by
direct telephone contact or communication equipment, they shall be paid in accordance
with the following schedule:
Employee's Non -Scheduled Work Day $30
Employee's Scheduled Work Day $10
Volunteer Standby Per Day $10
All hours actually worked by an "on call" employee shall be paid at overtime rates in
accordance with this Agreement. On call duty shall be equally divided among the
qualified employees and scheduled and posted at least seven (7) days in advance.
Employees may arrange a qualified substitute which shall be subject to approval by the
Supervisor.
When an employee is advised that they are "on call" in a volunteer standby capacity and
they respond to a call in, said employees will receive $10 per day for responding to the
call -Out.
Communications equipment will be made available throughout the duration of this
contract to employees on standby/on-call. The employee will take proper cue of the
communications equipment at all times and will test the communications equipment at the
commencement of the standby period and periodically during the standby period to ensure
it is fimctional. Should the communication equipment not be in good working order, the
employee will inform the Corporation of any malfunctions immediately.
11.06 Each employee who reports for a scheduled shift, but by reason of inclement weather is
unable to perform any work or is able to perform only part of the scheduled work shall be
paid by the Corporation the equivalent of four (4) hours' work at normal pay if no work is
performed or the actual time worked at regular wages, whichever is the greater.
11.07 Day Shift - is defined as commencing on or after 6:00 am with the majority of hours
worked prior to 6:00 pm. Afternoon/night Shift - commencing on or after 6:00 pm with
the majority of hours worked prior to 6:00 am. Employees required to work an
afternoon/night shift will receive fifty cents (.50 cents) per hour shift premium upon
ratification. Overtime and premium payments will not pyramid under any circumstances.
11.08 Where the Employer orders employees to work extended (tours, as a result of the
application of the "emergency/unforeseen circumstances" provisions of the Employment
Standards Act, the employee shall be advised of that at the time the order is made and, if a
Union Officer subsequently enquires into the need for the order, the circumstances shall
be explained to the Union Officer.
ARTICLE )GI - PAID HOLIDAYS
12.01 The following holidays, regardless of when they fall, will be granted with pay to all
employees actively on the payroll:
New Year's Day
Victoria Day Good Friday
Labour Day Canada Day
Christmas Day Thanksgiving Day
Boxing Day Civic Holiday
In addition to the above noted holidays, three (3) floating holidays shall be granted per
contract year. The floating holidays must be taken within the calendar year within which
they are earned otherwise they will be forfeited. Employees joining or leaving the Town
during the year shall accrue this benefit on a proportionate basis.
Payment for such holidays shall be based on the employee's regular hourly rate multiplied
by the number of hours he would have normally worked on such day.
12.02 Any employee required to work on a holiday (other than Christmas Day or New Year's
Day) as defined in 12.01 shall be paid for all authorized work performed on such holiday
at one and one-half times his regular straight time rate of pay for all hours worked in
addition to his holiday pay. Any employee required to work on Christmas Day or New
Year's Day shall be paid for all authorized work performed on such holiday at double his
regular normal straight time pay.
ARTICLE XIII - VACATION
13.01 Employees shall be entitled to the following annual vacation with pay.
13.02 Any employees who have completed their probationary period and who have one year or
less of continuous service as of July I st, in any year, shall be entitled to time off and/or
vacation pay in accordance with the Employment Standards Act.
13.03 All employees with more than one (1) year of continuous service as of July 1st in any year,
shall be entitled to a vacation of two (2) weeks with pay.
13.04 All employees who have four (4) or more years of continuous service as of July 1st in any
year shall be entitled to a vacation of three (3) weeks with pay.
13.05 All employees who have nine (9) or more continuous years of service as of July I st in any
year, shall be entitled to four (4) weeks vacation with pay.
13.06 All employees who have fifteen (15) or more continuous years of service as of July I at, in
any year shall be entitled to five (5) weeks of vacation with pay.
13.07 Effective April 1, 2004, all employees who have twenty-seven (27) or more continuous
years of service as of July I", in any year shall be entitled to six (6) weeks of vacation with
pay; effective April 1, 2005, all employees who have twenty-six (26) or more continuous
years of service as oPJuly I", in say year shall be entitled to six (6) weeks of vacation with
pay; effective April 1, 2006, all employees who have twenty-five (25) or more continuous
years of service as of July I ", in any year shall be entitled to six (6) weeks of vacation with
pay.
13.08 In the event that a holiday falls within the vacation period of an employee who has
completed his probationary period, his vacation shall be extended by an extra day.
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13.09 Choice of vacation dates shall be governed according to seniority within the Department
subject to the requirement to maintain an efficient operation in the Department in
question, The Vacation Schedule shall be posted and approved prior to April Mth and
any weeks of entitlement not booked or chosen at that time will lose seniority preference.
13.10 During the period May 15th to September 15th of each year, employees shall be allowed
to take up to 2 weeks of their vacation if desired, and may not take the balance during that
period until all other employees have taken their vacations or by special arrangement with
the Department Head.
13.11 For the purpose of calculating vacation pay under Clauses 13,01, 13.02 and 13.03 gross
pay shall be used so that all employees shall have an entitlement of 4% maximum vacation
pay on gross earnings including vacation allowance entitlement under 13.01, 13.02 and
13.03.
13.12 All vacations earned between July I and June 30 in any year must be taken by June 30th
of the following year. Any vacation days not scheduled to be taken by April 30th in the
year following the year in which the vacation was earned will be scheduled by the
employer to be taken by the June 30th deadline. Under exceptional circumstances other
arrangements may be made with the Department Head.
ARTICLE XIV - SENIORITY
14.01 Seniority, as referred to in this Agreement, shall mean length of service in the employ of
the Corporation and shall be on a unit -wide basis.
14.02 An employee will be considered on probation for the first six (6) months of employment
by the Corporation and will have no seniority rights during this period. After six (6)
months' employment, his seniority shall date back to the day on which his employment
began. The dismissal, layoff, or failure to recall after a layoff of a probationary employee
shall not be the subject of a grievance.
14.03 Seniority lists will be revised each six months, January 15th and July 15th, a copy of the
list will be posted and a copy given to the Secretary of the Union Local. If an employee
does not challenge the position of his name on the seniority list within the first thirty
working days from the date his name first appeared on a seniority list, then he shall be
deemed to have proper seniority standing.
14.04 Layoffs, recalls and promotions to higher rated jobs other than to supervisory positions
shall be based upon the following factors:
(a) seniority; and
(b) qualifications and ability.
Where the requirements in factor (b) are relatively equal, seniority shall govern.
14.05 Seniority shal I terminate and an employee shall cease to be employed by the Corporation
when he: -
(a) voluntarily quits his employment with the Corporation;
(b) is discharged and is not reinstated through the Grievance Procedure or
Arbitration;
(c) fails to report for work within five (5) working days after being notified by the
Corporation by registered mail following layoff;
(d) fails to return to work upon termination of authorized leave of absence, unless
notification in writing has been communicated to the Corporation. Such notice of
extension shall only be for good and sufficient cause;
(e) accepts gainful employment while on a leave of absence without first obtaining
the consent of the Corporation in writing.
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14.06 In the event that an employee covered by this Agreement should be promoted to a position
not within the bargaining unit so defined in Article 2.01 and is later placed in a position
within the bargaining unit, he shall retain the seniority previously acquired and shall have
added thereto the seniority accumulated while serving in such position outside the
bargaining unit.
14.07 It shall be the duty of each employee to notify the Corporation promptly of any change of
address. If an employee fails to do this, the Corporation will not be responsible for failure
of a notice to reach such employee.
14.08 When a new full-time permanent position is created within the bargaining unit or such a
vacancy occurs, the Corporation shall notify the Secretary of the Union Local in writing
and post notice of the position on all Bulletin Boards for a minimum of seven (7) calendar
days in order that all members will know about the position and be able to make written
application therefore.
14.09 Information in Positions
Such notice shall contain the following information:
Nature of position, qualifications, required knowledge and education, skills, shift, and
wage or salary rate or range. Those qualifications may not be established in an arbitrary,
or discriminatory manner.
14.10 No Outside Advertising
Unless the parties agree that no present employee of the Corporation possesses the
required skills for thejob vacancy, no outside advertisement for additional employees
shall be made until present employees have had 7 days from the first day of posting of
employee vacancy in which to apply for the position.
14.11 Notice to CUPS Regional Office -
When a vacancy or new position is to be filled internally, concurrent with advertising the
position internally, the Employer agrees to forward a copy of thejob posting to the CUPE
Ontario Regional Office, who shall be responsible for notifying CUPE Bargaining Unit
employees who have been laid off from Employers based in York Region. The Employer
agrees to consider any resulting applications when processing others received through
public advertising.
14.12 Transfer
Employees shall be entitled to fill a vacancy by transferring from one department to
another, only once, during any 12-month period. Such period or restriction may be
waived by the parties on mutual agreement.
14.13 Temporary Assianments
Leisure Services employees who are qualified may be temporarily assigned to other
operational divisions within the department for a maximum period of four (4) months.
Said employees shall not be obligated to work two (2) consecutive temporary assignments.
Initially volunteers will be sought for temporary assignments. Alternatively, if volunteers
are not forthcoming, the Corporation will assign qualified employee(s). It is agreed said
employees may be required to work shifts.
14.14 Notwithstanding Article 14.13, permanent Leisure Services (Parks) employees will not be
transferred to Leisure Services (Facilities) positions while non -permanent employees are
employed in Leisure Services (Parks) positions.
ARTICLE XV - LEAVE OF ABSENCE:
15.01 The Corporation may grant leave of absence without pay and without loss of seniority to
an employee for good and sufficient personal reasons for a maximum period of six (6)
months. All requests for such leaves of absence shall be in writing as far in advance as
practicable and the Corporation agrees to confirm or deny the request for such leave as
soon as possible.
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15.02 Bereavement Leave
In the event of a death in the immediate family of an employee covered by this Agreement,
the Corporation agrees to grant time off with pay (exclusive of premiums - for the purpose
of making arrangements for or attending the funeral).
(a) Up to five (5) days for Spouse or Child.
(b) Up to three (3) days for Father, Mother, Brother or Sister.
(c) Up to One (1) day for Father-in-law, Mother-in-law, Brother-in-law, Sister-in-law,
Grandparent, Grandchild and Step Parents.
(d) Management discretion for additional time under particular circumstances.
15.03 The Corporation agrees to grant a leave of absence without pay and without loss of
seniority for Union business to not more than two (2) employees selected by the Union to
attend conventions or conferences. It is understood, however, that the cumulative total of
leave of absence granted under this section shall not exceed ten working days per delegate
in any calendar year and that requests for such leave of absence shall be made in writing at
least three (3) weeks in advance of such leave. The Corporation agrees to confirm or deny
the request for such leave of absence within five (5) calendar days of receipt of the
request. The Town agrees to pay the affected employee(s) This regular wages during
said absence and CUPE 905 agrees to reimburse the Town for said wages within 30 days
following the leave of absence.
ARTICLE XV I - SICK LEAVE
16.01 (a) Employees shall accumulate sick leave at the rate of 1.25 days per month to a maximum of
85 days. (Notwithstanding the 1.25 day per month accumulation referred to herein, the
Corporation agrees that existing employees as of the 1st day of June 1996 shall continue to
be permitted to accumulate non monetary sick leave credits at the rate of 1.5 days per
month until the maximum of 85 days and future accumulation shall automatically revert to
the 1.25 days per month rate.)
(b) No payout of sick day accumulations is permitted upon severance, retirement or death of
an employee.
(c) Each employee shall be allowed up to five (5) days of uncertified illness in a calendar year
with full pay.
(d) Beyond the fifth day of illness (consecutive or otherwise), following presentation of a
satisfactory medical certificate, the Department Head will ensure that an employee's
normal pay will continue, provided the employee has sufficient sick days credit available
to be drawn upon.
16.02 An employee injured either in a work -related accident or outside working hours may be
required to provide a Doctor's certificate as s to the employee's fitness to resume work
duties.
16.03 In the event of a family illness or other emergency, the Employer agrees to grant up to two
(2) days per year to any employee covered by this Agreement. The Employer will at the
discretion of the employee's supervisor, provide the equivalent of this time off to be used
for such illness, unexpected or sudden situations which require immediate attention. This
time off is to assist die employee in dealing with family illness or other emergency leave
requirements involving members of the employee's immediate family including a spouse,
minor child while living at home or a parent or parent -in-law. The time off so Laken will
be deducted from the employee's sick leave bank but will not be counted as part of the five
(5) uncertified illness days in the calendar year.
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ARTICLE XVII — GENERAL
17.01 Correspondence arising under the provisions of this Agreement shall be in writing and
shall be sufficient if sent by mail addressed, if to the Union, to the Unit Chairperson of
Local 905 and, if to the Corporation, to the Director of Corporate Services.
17.02 The Corporation agrees to provide each new employee covered by this Agreement with a
copy of the current Collective Agreement.
17.03 Upon the approval of an employee's supervisor, the Corporation agrees to pay the current
Town rate per mile for each mile necessarily travelled by an employee in his automobile
while engaged in business of the Corporation. It is understood, however, that such
payment has no application where employees drive between home and work in the course
of their normal duties.
17.04 The Corporation will provide bulletin boards in areas mutually agreed upon for the
purpose of posting notices regarding meetings and other matters restricted to Union
activity. Before posting, such notices must be signed by an Officer of the Local Union.
17.05 Where the Corporation has determined that a new classification is required within the
bargaining unit, or where the Corporation has made extensive changes in the duties of an
existing classification and has established the rate for such job, the Corporation will
discuss same with the Union.
Any rates established by the Corporation under this section may be subject to challenge
under the Grievance Procedure provided that any grievance as to the rate is filed within
fifteen (15) working days from date of notification.
If any grievance hereunder proceeds to arbitration, the Arbitration Board established to
rule on the grievance shall be restricted solely to determining the appropriateness of wage
rate as applicable to other related rates within the bargaining unit.
17.06 Where an employee is temporarily required by the Corporation to assume thejob duties of
a higher rated classification than his own, he shall receive the next highest rate in thejob
classification (to which be is assigned) over his rate at tale time of the transfer (with the
understanding that this clause shall not apply to a trainee).
17.07 Proper accommodation shall be provided for employees to prepare and eat their meals and
keep and change their clothes; and, a locker will be available for each employee.
17.08 The normal retirement age for all employees is 65 years of age. Where, in the opinion of
the Department (lead based on satisfactory medical examination reports, an employee
requests to remain employed and is fully fit and capable of carrying out all normal work
duties and services, such employee shall be able to remain on staff until age 70. This is
provided such circumstances are in the best interest of the employee and the Town of
Aurora, and that the employee either pays the extra premium costs of health benefit
provisions or signs a waiver that acknowledges that health benefits are no longer available
for employee coverage.
17.09 Mechanics' Tool Allowance:
The Corporation shall pay an allowance to the following persons, provided a complete list
mid cost estimate is submitted and the Corporation is satisfied that the tool stock is that of
the following positions:
Class "A" Mechanic $250.00 per year
Carpenter $150.00 per year
Other designated employees $100.00 per year
The Corporation, when satisfied with the tool list, shall insure same against loss by Lire or
theft by break and entry.
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ARTICLE XVBI - JURY AND WITNESS DUTY
18.01 An employee required to serve as a Juror, or a witness (where the employee is not the
plaintiff or defendant in the court appearance), and who, therefore, is unable to perform
his regular shift shall be entitled to receive for each day of absence the difference between
his regular straight time rate for all hours lost and the amount of fee received provided the
employee furnishes the Corporation with proof of service showing the amount of fee
received.
ARTICLE XIX - EMPLOYEE BENEFITS
19.01 In addition to the Canada Pension Plan, every employee shall join the Ontario Municipal
Employees Retirement Plan. The employer and the employee shall make contributions in
accordance with the provisions of the Plan.
19.02 The employer shall pay 100% of the cost of premiums during the term of this Agreement
to provide a group life insurance policy in the amount of two (2) times base annual salary
with a minimum of $50,000 for all eligible employees up to retirement, or age 65,
including A.D and D.
19.03 The Corporation agrees to provide an extended Health Care Plan including prescription
coverage similar to Blue Cross E.H.C. $3.00 deductible per prescription and vision care
and contributing 100% of the cost of premiums during the term of this Agreement for all
eligible employees.
19.04 a) The Corporation will pay 100% during the term of the agreement of the cost of
the premiums of a basic dental plan for all eligible employees as follows:
for the year 2004 the 2003 ODA Fee Schedule rates will apply.
for the year 2005 the 2004 ODA Fee Schedule rates will apply.
for the year 2006 the 2005 ODA Fee Schedule rates will apply.
b) The Corporation will provide enhanced dental benefits such that Orthodontics will
be covered at a 60% reimbursement rule to a lifetime maximum of $2,000.00 per
covered individual and Major Restorative work shall be covered at a 50%
reimbursement rate to a maximum of $1,500,00 annually per covered individual.
The Corporation will pay 100% of the cost of the premiums for all eligible
employees during the term of this Agreement.
19.05 The Corporation agrees to provide to all eligible employees a Long Term Disability plan
which, following a 17-week waiting period, provides for payment or 70% of an
employee's normal salary to a maximum benefit of $4,000 per month and shall pay one -
hundred percent (100%) of the premiums for such a plan during the term of this
Agreement.
19.06 An employee prevented from performing his regular work with the employer on account
of an occupational accident with the Town for which a claim to the Workplace Safety and
Insurance Board is made within the context of the Workplace Safety and Insurance Act,
may receive at his option either:
(a) his regular salary, in which case a deduction of 1/4 day will be. made from
his existing sick leave credits for each day the Town receives Workplace
Safety and Insurance benefits from the Workplace Safety and Insurance
Board oil his behalf; or,
(b) receive Workplace Safety and Insurance Board benefits direct from the
Workplace Safety and Insurance Board.
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Tile Corporation does hereby indemnify and save the Union harmless against any Human
Rights Code related claim or liability arising out of or resulting from the operation of the
above paragraph.
The employee's option will be declared in writing by the employee through completion of
Schedule "B" - "WSIB Declaration of Option Form" to this collective agreement and will
occur at the time of hire. The employee may elect to change his option only once within
any 12-month period through completion of a new "WSIB Declaration of Option Form".
It is the employee's responsibility to ensure that the "WSIB Declaration of Option Form"
on file with Human Resources reflects the employee's current choice. Where the "WSIB
Declaration of Option Form" is not completed, the employee is deemed to have opted to
receive benefit direct from the Workplace Safety mid Insurance Board.
If an employee opts to receive his regular salary and a 1 /4 day deducted from his existing
sick leave credits, it is understood and agreed that any monies received by the employee
from the employer prior to the Workplace Safety and Insurance Board adjudicating the
claim are deemed to be an advance against the approval of the claim. It is agreed that such
advance will not exceed the fidl extent of the employee's sick credits, accrued vacation,
and "time -off -in -lieu of overtime worked" banks as at the date of injury/recurrence, with
the understanding that any time used to pay the employee from said banks would be
reinstated upon approval of the claim by the Workplace Safety and Insurance Board.
19.07 Benefits for Retirees— The Corporation agrees to provide retired members who reside in
the Province of Ontario with extended health care and basic dental plan coverage (fixed at
a rate one year behind current contract rate). Said coverage shall be provided by the
Corporation to full-time members retiring and in receipt of an OMERS pension who have
a minimum of 15 years' continuous service with the Town. Benefits shall be available
until the member attains age 65.
If the retired employee obtains employment elsewhere and is eligible for benefits coverage
through that employment, the individual will be responsible for advising the Town of any
benefit coverage and the benefits for retirement privilege will be terminated.
ARTICLE XX - UNION SECURITY
20.01 All employees covered by this Agreement, as a condition of employment, shall become
and remain members in good standing of the Union, according to the Constitution and By-
laws of the Union. New employees of the Corporation covered by this Agreement shall
become members in good standing in the Union within 30 days of first being continuously
employed by the Corporation.
20.02 The Corporation agrees to deduct from every employee covered by this Agreement any
monthly dues or assessments levied in accordance with the Union By-laws and owing by
the employee to the Union. The initial deduction for Union dues shall be made from the
first payroll period of the month following one month of continuing employment with the
Corporation. The total amount of said dues shall be forwarded monthly to the Treasurer of
the National Union, accompanied by a list of employees from whose wages the deductions
have been made. The Local Union shall advise the Corporation of the amount of the
Union dues to be deducted from every employee covered by this Agreement and of any
changes in the amounts from time to time. The Union shall advise the Corporation, in
writing, of the name and address of the Treasurer of the Union, and of any changes from
time to time.
20.03 In consideration of the deductions and forwarding of union dues in accordance with the
foregoing by the Corporation, the Union does hereby indemnify and save the Corporation
harmless against any claim or liability arising out of or resulting from the operation of this
section
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ARTICLE XXI - WORK OF THE BARGAINING UNIT
21.01 Persons whosejobs are not in the bargaining unit shall not work on anyjobs which are
included in the bargaining unit, except for the purposes of instruction, experimenting, or
in emergencies when regular employees are not available and provided that the act of
performing the aforementioned operations, in itself, does not reduce the normal hours of
work or pay of any employee. (With the understanding that working supervisors or
employees not in the Bargaining Unit may perform some works provided their doing so
does not directly reduce the normal hours of work or pay of employees in the bargaining
unit - i.e, UNION MEMBERS).
21.02 The Corporation reserves the right to contract out to other persons or companies any
functions or duties which are normally considered part of the work of the Bargaining Unit,
provided that the act of performing the aforementioned operations, in itself, does not
reduce the normal hours of work or pay of any employee.
ARTICLE XXII - CLOTHING ALLOWANCES
22.01 A minimum clothing standard of two pairs of pants, two shirts and two pairs of
coverallsAmocks to be issued to all new employees upon hire. In addition, suitable
Gloves, Rubber Boots, Safety Hats, Rain Suits will be provided as needed. Employees
must continue to maintain the minimum standard clothing issued but may thereafter
supplement alternative clothing, e.g. cap, T-shirt, etc. A professional, well-groomed
appearance must be maintained. In order to ensure this occurs, the Corporation will
provide up to the equivalent value of the minimum clothing standard issue per year for
properly fitted clothing or approved equivalents by mutual agreement to each employee.
In addition, the mechanics will receive three (3) pairs of cleaned overalls per week, to be
supplied by a work clothing company to the satisfaction of the Town.
ALL EMPLOYEES
Safety Boots - The Town to reimburse as noted below the applicable reimbursement for
one (1) or more pairs of boots per year on showing receipt for safety boots
of employee's choice.
$110.00 — during 2004
$120.00 — during 2005
$130.00 — during 2006
Clothing to be supplied within four (4) months of signing contract or, in a year in which a
contract is not signed, not later than September 30th; and, should the Corporation fail to
supply such clothing each employee shall be given the sum of $120.00 per year instead of
such clothing provision.
ARTICLE XXBI—TERMINATION
23.01 This Agreement shall continue in effect from April 1, 2004 to March 31, 2007 and shall
continue thereafter for a one (1) year term unless either party notifies the other in writing
not less than thirty (30) days and not more than ninety (90) days prior to the expiration
date that it desires to amend or terminate the Agreement.
23.02 Negotiations shall begin within fifteen days following notification for amendment as
provided in the preceding paragraph.
23.03 With respect to negotiations referred to in Section 23.02 above, the Corporation agrees to
meet with a Bargaining Committee appointed by the Union and composed of not more
than four (4) employees in the Bargaining Unit.
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23.04 For the purposes of negotiating a new contract, the negotiating committee members of
Local 4905 will not stiffer any loss of pay for up to a total of 140 employee hours of time
spent, in direct negotiation between the parties and prior to third party intervention, during
normal working hours provided that members have obtained permission of the Town to
attend for negotiations.
A Staff Representative of the Union may be present at the request of either the
Corporation or the Union.
24.00 In this agreement, whenever the masculine gender is used it shall be considered to be die
masculine or feminine as the context requires.
ARTICLE XXV - ANCILLARY DOCUMENTS
25.01 All Ancillary documents attached hereto shall become and remain part of this Collective
Agreement.
DATED at AURORA this day of , 2004.
CANADIAN UNION OF PUBLIC EMPLOYEES THE CORPORATION OF THE
AND ITS LOCAL 905 TOWN OF AURORA
UNIT CHAIRPERSON MAYOR
CLERK
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17-
APPENDIX TO SCHEDULE "A-1"
In the event that the Corporation schedules a continuous eight (8) hour afternoon, evening or weekend shift,
it is understood and agreed that employees so scheduled shall be entitled to a working lunch and employees
will take a scheduled work break in lieu of their fifteen (15) minute coffee breaks and the time of the work
break, if taken, may be specified.
2. Should an employee be assigned to function as a temporary supervisor, a $1.75 per hour premium shall be
paid, during hours of such assignment.
-18—
LETTER OF UNDERSTANDING
BETWEEN
CUPE LOCAL 905 AND THE CORPORATION OF THE TOWN OF AURORA
The Town will commit to make every possible effort during the term of this Agreement to maintain the
existing staff complement. If, in the Town's view, workforce reductions may become necessary, the Town
will request the assistance of the Union to explore alternative means of meeting the Town's needs prior to
any implementation.
The Town will guarantee that 100% of those employees who were permanent full time at the start date of
this Collective Agreement will be provided with full time employment during the term of this agreement.
This does not guarantee that employees will retain the positions which they occupied at the start of this
Agreement.
The term of this Letter of Understanding expires on March 31, 2007.
Signed:
Chairperson _ Mayor
National Representative
-19-
"SCHEDULE S"
WSIB DECLARATION OF OPTION FORM
I hereby authorize the Town of Aurora Human Resources to apply the following
identified option in the event I sustain an occupational accident that is
recognized by the Workplace Safety and Insurance Board as compensable within
the meaning of the Workplace Safety and Insurance Board Act:
Option a) Receive regular pay and a deduction of 1/4 per day from
existing sick leave credits will be made for each day the
Town receives Workplace Safety and Insurance benefits
from the Workplace Safety and Insurance Board on my
behalf. I understand that upon exhausting my sick leave
credits, I will revert to receiving the WSIB-compensable
amount payable direct from the WSIB. I further
understand and agree that any monies received by me from
my employer prior to the Workplace Safety and Insurance
Board adjudicating my claim are deemed to be an advance
against the approval of the claim. I hereby consent to
the Town advancing to the full extent available from my
sick credits, accrued vacation, and "time -off -in -lieu -of -
overtime -worked" banks as at the date of my
injury/recurrence, with the understanding that any time
used to pay me from said banks will be reinstated upon
approval of my claim by the Workplace Safety and
Insurance Board.
Dated this day of
Employee Name:
Present Department:
Employee Signature:
Option b) Receive eligible benefit direct from the WSIB;
Dated this day of
Employee Name:
Present Department:
Employee Signature:
Please Note: If no option is specified, the employee is deemed to have
selected Option b).